hj06080t.055

No. 55

STATE OF MICHIGAN

JOURNAL

OF THE

House of Representatives

90th Legislature

REGULAR SESSION OF 2000

House Chamber, Lansing, Thursday, June 8, 2000.

10:00 a.m.

The House was called to order by the Speaker Pro Tempore.

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

Allen--present

Baird--present

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--excused

Julian--present

Kelly--present

Kilpatrick--present

Koetje--present

Kowall--present

Kuipers--present

Kukuk--present

LaForge--present

LaSata--present

Law--present

Lemmons--e/d/s

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--excused

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

Rep. Jon Jellema, from the 89th District, offered the following invocation:

"O God, in these times when we make things more complicated than they need to be and we get caught up in our own world and forget the lives of others that we are here to serve, let us always be reminded of the words that You gave us in Micah, Chapter 6, Verse 8. 'What doth the Lord require of thee, but to do justly, and to love mercy, and to walk humbly with thy God?' Dear God, if we remember those words and live by them, this world would be a better place. Amen."

______

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

The motion prevailed.

Rep. Kilpatrick moved that Rep. Scott be excused from today's session.

The motion prevailed.

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

The motion prevailed.

Messages from the Senate

The Speaker laid before the House

House Bill No. 4865, entitled

A bill to amend 1949 PA 300, entitled "Michigan vehicle code," by amending section 705 (MCL 257.705), as amended by 1995 PA 91.

(The bill was received from the Senate on May 30, with substitute (S-2), title amendment and immediate effect given by the Senate, consideration of which, under the rules, was postponed until May 31, see House Journal No. 50, p.1333.)

The question being on concurring in the substitute (S-2) made to the bill by the Senate,

The substitute (S-2) was concurred in, a majority of the members serving voting therefor, by yeas and nays, as follows:

Roll Call No. 737 Yeas--104

Allen Faunce Kowall Richner

Baird Frank Kuipers Rivet

Basham Garcia Kukuk Rocca

Birkholz Garza LaForge Sanborn

Bisbee Geiger LaSata Schauer

Bishop Gieleghem Law Schermesser

Bogardus Gilbert Lockwood Scranton

Bovin Godchaux Mans Shackleton

Bradstreet Gosselin Martinez Sheltrown

Brater Green Mead Shulman

Brown, B. Hager Middaugh Spade

Brown, C. Hale Minore Stallworth

Byl Hanley Mortimer Stamas

Callahan Hansen Neumann Switalski

Cassis Hardman O'Neil Tabor

Caul Hart Pappageorge Tesanovich

Cherry Howell Patterson Thomas

Clark, I. Jacobs Perricone Toy

Clarke, H. Jamnick Pestka Van Woerkom

Daniels Jansen Price Vander Roest

DeHart Jellema Prusi Vaughn

Dennis Johnson, Rick Pumford Vear

DeRossett Julian Quarles Voorhees

DeVuyst Kelly Raczkowski Wojno

DeWeese Kilpatrick Reeves Woodward

Ehardt Koetje Richardville Woronchak

Nays--0

In The Chair: Birkholz

The House agreed to the title as amended.

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

______

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

The motion prevailed.

The Speaker laid before the House

House Bill No. 4784, entitled

A bill to amend 1953 PA 232, entitled "An act to revise, consolidate, and codify the laws relating to probationers and probation officers, to pardons, reprieves, commutations, and paroles, to the administration of correctional institutions, correctional farms, and probation recovery camps, to prisoner labor and correctional industries, and to the supervision and inspection of local jails and houses of correction; to provide for the siting of correctional facilities; to create a state department of corrections, and to prescribe its powers and duties; to provide for the transfer to and vesting in said department of powers and duties vested by law in certain other state boards, commissions, and officers, and to abolish certain boards, commissions, and offices the powers and duties of which are transferred by this act; to allow for the operation of certain facilities by private entities; to prescribe the powers and duties of certain other state departments and agencies; to provide for the creation of a local lockup advisory board; to prescribe penalties for the violation of the provisions of this act; to make certain appropriations; to repeal certain parts of this act on specific dates; and to repeal all acts and parts of acts inconsistent with the provisions of this act," by amending section 62b (MCL 791.262b), as amended by 1988 PA 492.

(The bill was received from the Senate on June 7, with an amendment, title amendment and immediate effect given by the Senate, consideration of which, under the rules, was postponed until today, see House Journal No. 54, p. 1568.)

The question being on concurring in the amendment made to the bill by the Senate,

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

Roll Call No. 738 Yeas--105

Allen Frank Kuipers Rison

Baird Garcia Kukuk Rivet

Basham Garza LaForge Rocca

Birkholz Geiger LaSata Sanborn

Bisbee Gieleghem Law Schauer

Bishop Gilbert Lockwood Schermesser

Bogardus Godchaux Mans Scranton

Bovin Gosselin Martinez Shackleton

Bradstreet Green Mead Sheltrown

Brater Hager Middaugh Shulman

Brown, B. Hale Minore Spade

Brown, C. Hanley Mortimer Stallworth

Byl Hansen Neumann Stamas

Callahan Hardman O'Neil Switalski

Cassis Hart Pappageorge Tabor

Caul Howell Patterson Tesanovich

Cherry Jacobs Perricone Thomas

Clark, I. Jamnick Pestka Toy

Clarke, H. Jansen Price Van Woerkom

Daniels Jelinek Prusi Vander Roest

DeHart Jellema Pumford Vaughn

Dennis Johnson, Rick Quarles Vear

DeRossett Julian Raczkowski Voorhees

DeVuyst Kelly Reeves Wojno

DeWeese Kilpatrick Richardville Woodward

Ehardt Kowall Richner Woronchak

Faunce

Nays--0

In The Chair: Birkholz

The House agreed to the title as amended.

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

The Speaker laid before the House

House Bill No. 4881, entitled

A bill to amend 1931 PA 328, entitled "The Michigan penal code," by amending sections 520c and 520e (MCL 750.520c and 750.520e), section 520c as amended by 1983 PA 158 and section 520e as amended by 1996 PA 155.

(The bill was received from the Senate on June 7, with amendments, full title inserted and immediate effect given by the Senate, consideration of which, under the rules, was postponed until today, see House Journal No. 54, p. 1570.)

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

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

Roll Call No. 739 Yeas--105

Allen Frank Kowall Rison

Baird Garcia Kuipers Rivet

Basham Garza Kukuk Rocca

Birkholz Geiger LaForge Sanborn

Bisbee Gieleghem LaSata Schauer

Bishop Gilbert Law Schermesser

Bogardus Godchaux Lockwood Scranton

Bovin Gosselin Mans Shackleton

Bradstreet Green Mead Sheltrown

Brater Hager Middaugh Shulman

Brown, B. Hale Minore Spade

Brown, C. Hanley Mortimer Stallworth

Byl Hansen Neumann Stamas

Callahan Hardman O'Neil Switalski

Cassis Hart Pappageorge Tabor

Caul Howell Patterson Tesanovich

Cherry Jacobs Perricone Thomas

Clark, I. Jamnick Pestka Toy

Clarke, H. Jansen Price Van Woerkom

Daniels Jelinek Prusi Vander Roest

DeHart Jellema Pumford Vaughn

Dennis Johnson, Rick Quarles Vear

DeRossett Julian Raczkowski Voorhees

DeVuyst Kelly Reeves Wojno

DeWeese Kilpatrick Richardville Woodward

Ehardt Koetje Richner Woronchak

Faunce

Nays--0

In The Chair: Birkholz

The House agreed to the full 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.

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

______

Rep. Baird moved that Rep. Jacobs be excused temporarily from today's session.

The motion prevailed.

Rep. Neumann moved that Rep. Brewer be excused temporarily from today's session.

The motion prevailed.

The Speaker laid before the House

House Bill No. 4891, entitled

A bill to amend 1933 PA 167, entitled "General sales tax act," by amending section 17 (MCL 205.67), as amended by 1995 PA 254.

(The bill was received from the Senate on June 7, 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. 54, p. 1570.)

The question being on concurring in 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. 740 Yeas--102

Allen Frank LaForge Rivet

Baird Garcia LaSata Rocca

Basham Geiger Law Sanborn

Birkholz Gieleghem Lockwood Schauer

Bisbee Gilbert Mans Schermesser

Bishop Godchaux Martinez Scranton

Bogardus Gosselin Mead Shackleton

Bovin Green Middaugh Sheltrown

Bradstreet Hager Minore Shulman

Brater Hale Mortimer Spade

Brown, B. Hanley Neumann Stallworth

Brown, C. Hansen O'Neil Stamas

Byl Hardman Pappageorge Switalski

Callahan Hart Patterson Tabor

Cassis Howell Perricone 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 Julian Raczkowski Vear

DeRossett Kilpatrick Reeves Voorhees

DeVuyst Koetje Richardville Wojno

DeWeese Kowall Richner Woodward

Ehardt Kuipers Rison Woronchak

Faunce Kukuk

Nays--0

In The Chair: Birkholz

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.

______

Rep. Neumann moved that Rep. Schauer be excused temporarily from today's session.

The motion prevailed.

The Speaker laid before the House

House Bill No. 5139, entitled

A bill to amend 1954 PA 116, entitled "Michigan election law," by amending sections 14a, 24j, 666a, 669, 805, and 871 (MCL 168.14a, 168.24j, 168.666a, 168.669, 168.805, and 168.871), sections 14a and 805 as amended by 1995 PA 261 and section 871 as amended by 1996 PA 583.

(The bill was received from the Senate on June 7, with amendment, title amendment and immediate effect given by the Senate, consideration of which, under the rules, was postponed until today, see House Journal No. 54, p. 1570.)

The question being on concurring in the amendment made to the bill by the Senate,

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

Roll Call No. 741 Yeas--101

Allen Frank Kukuk Rison

Baird Garcia LaForge Rivet

Basham Garza LaSata Rocca

Birkholz Gieleghem Law Sanborn

Bisbee Gilbert Lockwood Schermesser

Bishop Godchaux Mans Scranton

Bogardus Gosselin Martinez Shackleton

Bovin Green Mead Sheltrown

Bradstreet Hager Middaugh Shulman

Brater Hale Minore Spade

Brewer Hanley Mortimer Stallworth

Brown, B. Hansen Neumann Stamas

Brown, C. Hardman O'Neil Switalski

Byl Hart Pappageorge Tabor

Cassis Howell Patterson Tesanovich

Caul Jamnick Perricone Thomas

Cherry Jansen Pestka Toy

Clark, I. Jelinek Price Van Woerkom

Clarke, H. Jellema Prusi Vander Roest

Daniels Johnson, Rick Pumford Vaughn

DeHart Julian Quarles Vear

DeRossett Kelly Raczkowski Voorhees

DeVuyst Koetje Reeves Wojno

DeWeese Kowall Richardville Woodward

Ehardt Kuipers Richner Woronchak

Faunce

Nays--0

In The Chair: Birkholz

The House agreed to the title as amended.

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

The Speaker laid before the House

House Bill No. 5534, entitled

A bill to establish career and technical preparation enrollment options for certain students enrolled in Michigan schools; to prescribe certain duties of public schools and certain postsecondary institutions; to prescribe certain powers and duties of certain state departments, officials, and agencies; and to repeal acts and parts of acts.

(The bill was received from the Senate on June 7, with substitute (S-1) and immediate effect given by the Senate, consideration of which, under the rules, was postponed until today, see House Journal No. 54, p. 1571.)

The question being on concurring in 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. 742 Yeas--102

Allen Frank Kukuk Rison

Baird Garcia LaForge Rivet

Basham Garza LaSata Rocca

Birkholz Geiger Law Sanborn

Bisbee Gieleghem Lockwood Schermesser

Bishop Gilbert Mans Scranton

Bogardus Godchaux Martinez Shackleton

Bovin Gosselin Mead Sheltrown

Bradstreet Green Middaugh Shulman

Brater Hager Minore Spade

Brewer Hale Mortimer Stallworth

Brown, B. Hanley Neumann Stamas

Brown, C. Hansen O'Neil Switalski

Byl Hardman Pappageorge Tabor

Cassis Hart Patterson Tesanovich

Caul Howell Perricone Thomas

Cherry Jamnick Pestka Toy

Clark, I. Jansen Price Van Woerkom

Clarke, H. Jelinek Prusi Vander Roest

Daniels Jellema Pumford Vaughn

DeHart Johnson, Rick Quarles Vear

DeRossett Julian Raczkowski Voorhees

DeVuyst Kelly Reeves Wojno

DeWeese Koetje Richardville Woodward

Ehardt Kowall Richner Woronchak

Faunce Kuipers

Nays--0

In The Chair: Birkholz

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

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

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

Second Reading of Bills

Pending the second reading of

House Bill No. 5364, entitled

Rep. Raczkowski moved that the bill be re-referred to the Committee on Appropriations.

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. 4846, entitled

A bill to amend 1963 PA 181, entitled "Motor carrier safety act of 1963," by amending section 1a (MCL 480.11a), as amended by 1995 PA 265, and by adding section 3a.

(The bill was received from the Senate on May 30, with substitute (S-1), title amendment and immediate effect given by the Senate, consideration of which, under the rules, was postponed until May 31, see House Journal No. 50, p.1333.)

The question being on concurring in 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. 743 Yeas--101

Allen Faunce Kowall Richner

Baird Frank Kuipers Rison

Basham Garcia Kukuk Rivet

Birkholz Garza LaForge Rocca

Bisbee Geiger LaSata Sanborn

Bishop Gieleghem Law Schermesser

Bogardus Gilbert Lockwood Scranton

Bovin Godchaux Mans Shackleton

Bradstreet Gosselin Martinez Sheltrown

Brater Hager Mead Shulman

Brewer Hale Middaugh Spade

Brown, B. Hanley Minore Stamas

Brown, C. Hansen Mortimer Switalski

Byl Hardman Neumann Tabor

Cassis Hart O'Neil Tesanovich

Caul Howell Pappageorge Thomas

Cherry Jamnick Patterson Toy

Clark, I. Jansen Perricone Van Woerkom

Clarke, H. Jelinek Pestka Vander Roest

Daniels Jellema Price Vaughn

DeHart Johnson, Rick Prusi Vear

Dennis Julian Pumford Voorhees

DeRossett Kelly Raczkowski Wojno

DeVuyst Kilpatrick Reeves Woodward

DeWeese Koetje Richardville Woronchak

Ehardt

Nays--0

In The Chair: Birkholz

The House agreed to the title as amended.

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

Second Reading of Bills

Senate Bill No. 1194, entitled

A bill to amend 1933 PA 167, entitled "General sales tax act," by amending section 25 (MCL 205.75), as amended by 1993 PA 325.

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. Patterson moved to amend the bill as follows:

1. Amend page 3, line 20, after "EXPENDED" by striking out the balance of the line through "AIRPORT" on line 21.

2. Amend page 3, line 21, after "EXTENSIONS" by inserting "AT AN AIRPORT LOCATED WITHIN 15 MILES OF AN AIRPORT THAT SERVICES 4,000,000 OR MORE EMPLANEMENTS ANNUALLY".

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

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

The motion prevailed.

Rep. Hale moved that Reps. Kilpatrick, Reeves and Thomas 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. 1194, entitled

A bill to amend 1933 PA 167, entitled "General sales tax act," by amending section 25 (MCL 205.75), as amended by 1993 PA 325.

The bill was a third time.

The question being on the passage of the bill,

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

The motion prevailed.

Senate Bill No. 627, entitled

A bill to amend 1933 PA 167, entitled "General sales tax act," (MCL 205.51 to 205.78) by adding section 4x.

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

Roll Call No. 744 Yeas--75

Allen Garcia Law Rocca

Basham Gilbert Lockwood Sanborn

Birkholz Godchaux Mans Schauer

Bisbee Gosselin Mead Scranton

Bishop Green Mortimer Shackleton

Bovin Hager Neumann Sheltrown

Bradstreet Hart Pappageorge Shulman

Brewer Howell Patterson Spade

Brown, B. Jansen Perricone Stamas

Brown, C. Jelinek Pestka Tabor

Cassis Jellema Price Tesanovich

Caul Johnson, Rick Prusi Toy

Cherry Julian Pumford Van Woerkom

DeRossett Kelly Quarles Vander Roest

DeVuyst Koetje Raczkowski Vaughn

DeWeese Kowall Richardville Vear

Ehardt Kuipers Richner Voorhees

Faunce Kukuk Rison Woronchak

Frank LaSata Rivet

Nays--24

Baird Daniels Hardman O'Neil

Bogardus DeHart Jacobs Schermesser

Brater Garza Jamnick Stallworth

Byl Gieleghem LaForge Switalski

Callahan Hale Martinez Wojno

Clark, I. Hansen Minore Woodward

In The Chair: Birkholz

Pursuant to Joint Rule 20, the full title of the act shall be inserted to 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.

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

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

______

Rep. Lemmons entered the House Chambers.

Second Reading of Bills

Senate Bill No. 630, entitled

A bill to amend 1937 PA 94, entitled "Use tax act," by amending sections 3a, 4, and 4k (MCL 205.93a, 205.94, and 205.94k), section 3a as amended by 1998 PA 366, section 4 as amended by 1999 PA 117, and section 4k as amended by 1999 PA 70.

(The bill was read a second time, motion made to re-refer the bill to the Committee on Tax Policy defeated, committee substitute (H-1) adopted, amended and bill postponed temporarily on May 31, see House Journal No. 51, p. 1401.)

Rep. Minore moved to amend the bill as follows:

1. Amend page 9, line 25, after "ACTIVITY." by inserting "THE STATE TREASURER SHALL ESTIMATE ON JANUARY 1 EACH YEAR THE REVENUE LOST BY THIS ACT FROM THE SCHOOL AID FUND AND DEPOSIT THAT AMOUNT INTO THE SCHOOL AID FUND FROM THE GENERAL FUND.".

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

Rep. Minore demanded the yeas and nays.

The demand was supported.

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

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

Roll Call No. 745 Yeas--95

Allen Faunce Law Rivet

Baird Frank Lemmons Rocca

Basham Garcia Lockwood Sanborn

Birkholz Geiger Mans Schermesser

Bisbee Gieleghem Martinez Shackleton

Bishop Gilbert Mead Sheltrown

Bogardus Green Middaugh Shulman

Bovin Hager Minore Spade

Brater Hale Mortimer Stallworth

Brewer Hansen Neumann Stamas

Brown, B. Hardman O'Neil Switalski

Brown, C. Howell Pappageorge Tabor

Byl Jacobs Patterson Tesanovich

Callahan Jamnick Perricone Thomas

Cassis Jansen Pestka Toy

Caul Jelinek Price Van Woerkom

Cherry Jellema Prusi Vander Roest

Clark, I. Johnson, Rick Pumford Vaughn

Clarke, H. Julian Quarles Vear

Daniels Kelly Raczkowski Voorhees

DeHart Kilpatrick Reeves Wojno

Dennis Kowall Richardville Woodward

DeRossett LaForge Richner Woronchak

Ehardt LaSata Rison

Nays--10

Bradstreet Godchaux Koetje Kukuk

DeVuyst Gosselin Kuipers Scranton

DeWeese Hart

In The Chair: Birkholz

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. Tesanovich moved that Rep. Price 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. 630, entitled

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

Roll Call No. 746 Yeas--100

Allen Ehardt Koetje Richner

Baird Faunce Kowall Rison

Basham Frank Kuipers Rivet

Birkholz Garcia Kukuk Rocca

Bisbee Garza LaSata Sanborn

Bishop Geiger Law Schermesser

Bogardus Gieleghem Lemmons Shackleton

Bovin Gilbert Lockwood Sheltrown

Bradstreet Gosselin Mans Shulman

Brater Green Mead Spade

Brewer Hager Middaugh Stallworth

Brown, B. Hale Minore Stamas

Brown, C. Hansen Mortimer Switalski

Callahan Hardman Neumann Tabor

Cassis Hart O'Neil Tesanovich

Caul Howell Pappageorge Thomas

Cherry Jacobs Patterson Toy

Clark, I. Jamnick Perricone Van Woerkom

Clarke, H. Jansen Pestka Vander Roest

Daniels Jelinek Prusi Vaughn

DeHart Jellema Pumford Vear

Dennis Johnson, Rick Quarles Voorhees

DeRossett Julian Raczkowski Wojno

DeVuyst Kelly Reeves Woodward

DeWeese Kilpatrick Richardville Woronchak

Nays--5

Byl LaForge Martinez Scranton

Godchaux

In The Chair: Birkholz

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 amend 1937 PA 94, entitled "An act to provide for the levy, assessment and collection of a specific excise tax on the storage, use or consumption in this state of tangible personal property and certain services; to appropriate the proceeds thereof; and to prescribe penalties for violations of the provisions of this act," by amending sections 4 and 4k (MCL 205.94 and 205.94k), section 4 as amended by 1999 PA 117 and section 4k as amended by 1999 PA 70.

The motion prevailed.

The House agreed to the title as amended.

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

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

______

Rep. Tesanovich moved that Rep. Martinez be excused temporarily from today's session.

The motion prevailed.

The House returned to the consideration of

Senate Bill No. 1194, entitled

A bill to amend 1933 PA 167, entitled "General sales tax act," by amending section 25 (MCL 205.75), as amended by 1993 PA 325.

(The bill was considered earlier today, see today's journal, p. 1645.)

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. 747 Yeas--92

Allen DeWeese Kowall Richner

Baird Ehardt Kuipers Rison

Basham Faunce Kukuk Rivet

Birkholz Frank LaForge Rocca

Bisbee Garcia LaSata Sanborn

Bishop Garza Law Schermesser

Bovin Gieleghem Lockwood Shackleton

Bradstreet Gilbert Mans Sheltrown

Brater Gosselin Mead Shulman

Brewer Green Middaugh Spade

Brown, B. Hager Minore Stamas

Brown, C. Hansen Mortimer Switalski

Byl Hardman Neumann Tabor

Callahan Hart O'Neil Tesanovich

Cassis Howell Pappageorge Toy

Caul Jacobs Patterson Van Woerkom

Cherry Jansen Perricone Vander Roest

Clark, I. Jelinek Pestka Vaughn

Clarke, H. Jellema Prusi Vear

DeHart Johnson, Rick Pumford Voorhees

Dennis Julian Quarles Wojno

DeRossett Kelly Raczkowski Woodward

DeVuyst Koetje Richardville Woronchak

Nays--9

Bogardus Hale Reeves Stallworth

Daniels Jamnick Scranton Thomas

Godchaux

In The Chair: Birkholz

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

The House agreed to the full title.

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

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

______

Rep. Jamnick, having reserved the right to explain her protest against the passage of the bill, made the following statement:

"Mr. Speaker and members of the House:

I support the restriction of monies for improvements to airports, however, this bill as amended causes restrictions for only one, Willow Run.

I do recognize runway extension concerns of neighboring townships, but still can't support the restriction for only one airport."

Second Reading of Bills

Senate Bill No. 1195, entitled

A bill to amend 1937 PA 94, entitled "Use tax act," by amending section 21 (MCL 205.111), as amended by 1994 PA 34.

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. Patterson moved to amend the bill as follows:

1. Amend page 2, line 9, after "EXPENDED" by striking out the balance of the line through "AIRPORT" on line 10.

2. Amend page 2, line 10, after "EXTENSIONS" by inserting "AT AN AIRPORT LOCATED WITHIN 15 MILES OF AN AIRPORT THAT SERVICES 4,000,000 OR MORE EMPLANEMENTS ANNUALLY".

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

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. 1195, entitled

A bill to amend 1937 PA 94, entitled "Use tax act," by amending section 21 (MCL 205.111), as amended by 1994 PA 34.

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

Roll Call No. 748 Yeas--90

Allen Faunce Kowall Richner

Baird Frank Kuipers Rison

Basham Garcia Kukuk Rocca

Birkholz Garza LaForge Sanborn

Bisbee Geiger LaSata Schauer

Bishop Gieleghem Lockwood Shackleton

Bovin Gilbert Mans Sheltrown

Bradstreet Gosselin Mead Shulman

Brewer Green Middaugh Spade

Brown, B. Hager Minore Stamas

Brown, C. Hale Mortimer Switalski

Byl Hansen Neumann Tabor

Callahan Hardman O'Neil Tesanovich

Cassis Hart Pappageorge Toy

Caul Howell Patterson Van Woerkom

Cherry Jacobs Perricone Vander Roest

Clark, I. Jansen Pestka Vaughn

Clarke, H. Jelinek Prusi Vear

Dennis Jellema Pumford Voorhees

DeRossett Johnson, Rick Quarles Wojno

DeVuyst Julian Raczkowski Woodward

DeWeese Kelly Richardville Woronchak

Ehardt Koetje

Nays--9

Daniels Jamnick Schermesser Stallworth

DeHart Reeves Scranton Thomas

Godchaux

In The Chair: Birkholz

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

"An act to provide for the levy, assessment and collection of a specific excise tax on the storage, use or consumption in this state of tangible personal property and certain services; to appropriate the proceeds thereof; and to prescribe penalties for violations of the provisions of this act,".

The House agreed to the full title.

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

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

______

Rep. Jamnick, having reserved the right to explain her protest against the passage of the bill, made the following statement:

"Mr. Speaker and members of the House:

I support the restriction of monies for improvements to airports, however, this bill as amended causes restrictions for only one, Willow Run.

I do recognize runway extension concerns of neighboring townships, but still can't support the restriction for only one airport."

Senate Bill No. 1275, entitled

A bill to amend 1984 PA 431, entitled "The management and budget act," by amending section 358 (MCL 18.1358).

(The bill was read a third time and postponed for the day on June 7, see House Journal No. 54, p. 1603.)

The question being on the passage of the bill,

Rep. Scranton moved to reconsider the vote by which the House placed the bill on the order of Third Reading of Bills.

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

Second Reading of Bills

Senate Bill No. 1275, entitled

A bill to amend 1984 PA 431, entitled "The management and budget act," by amending section 358 (MCL 18.1358).

Rep. Scranton moved to amend the bill as follows:

1. Amend page 1, line 1, after "IN" by striking out "SUBSECTION (3)" and inserting "THIS SECTION".

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

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. Vander Roest moved that Rep. Ehardt 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. 1275, entitled

A bill to amend 1984 PA 431, entitled "The management and budget act," by amending section 358 (MCL 18.1358).

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. 749 Yeas--79

Allen Garcia Kukuk Richner

Basham Geiger LaSata Rocca

Birkholz Gilbert Lemmons Sanborn

Bisbee Godchaux Lockwood Schauer

Bishop Gosselin Mans Scranton

Bogardus Green Martinez Shackleton

Bovin Hager Mead Sheltrown

Bradstreet Hansen Middaugh Shulman

Brown, B. Hart Mortimer Spade

Brown, C. Howell Neumann Stamas

Byl Jansen O'Neil Tabor

Cassis Jelinek Pappageorge Toy

Caul Jellema Patterson Van Woerkom

Cherry Johnson, Rick Perricone Vander Roest

Clarke, H. Julian Pestka Vear

DeRossett Kelly Price Voorhees

DeVuyst Kilpatrick Prusi Wojno

DeWeese Koetje Pumford Woodward

Faunce Kowall Raczkowski Woronchak

Frank Kuipers Richardville

Nays--26

Baird Dennis Jamnick Schermesser

Brater Garza LaForge Stallworth

Brewer Gieleghem Minore Switalski

Callahan Hale Reeves Tesanovich

Clark, I. Hanley Rison Thomas

Daniels Hardman Rivet Vaughn

DeHart Jacobs

In The Chair: Birkholz

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

"An act to prescribe the powers and duties of the department of management and budget; to define the authority and functions of its director and its organizational entities; to authorize the department to issue directives; to provide for the capital outlay program; to provide for the leasing, planning, constructing, maintaining, altering, renovating, demolishing, conveying of lands and facilities; to provide for centralized administrative services such as purchasing, payroll, record retention, data processing, and publishing and for access to certain services; to provide for a system of internal accounting and administrative control for certain principal departments; to provide for an internal auditor in certain principal departments; to provide for certain powers and duties of certain state officers and agencies; to codify, revise, consolidate, classify, and add to the powers, duties, and laws relative to budgeting, accounting, and the regulating of appropriations; to provide for the implementation of certain constitutional provisions; to create funds and accounts; to make appropriations; to prescribe remedies and penalties; to rescind certain executive reorganization orders; to prescribe penalties; and to repeal certain acts and parts of acts,".

The House agreed to the full title.

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

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

______

Rep. Minore, 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:

Although this bill includes assistance for my district; I voted no on SB 1275 because I believe that borrowing years into the future for roads is a bad precedent.

Along with reduced revenues into the foreseeable future, committing expenditures into the next 15 years will result in shortfalls for critical programs in medical care, education, local revenue sharing, and other programs critical to Michigan citizens.

The expenditures may also fuel urban sprawl--adding to the problems of urban areas and the loss of farmland.

Economically and environmentally, this is bad legislation."

Rep. Jamnick, having reserved the right to explain her protest against the passage of the bill, made the following statement:

"Mr. Speaker and members of the House:

We have passed many tax cuts reducing our state revenues for many years into the future. This bill represents the restriction of dollars in the Budget Stabilization Fund for 15 years into the future to pay bonded debt for roads.

I question the legislature's fiscal responsibility as we support creating debt, long term, as we continue to experience such a strong economy."

Reps. Baird, Daniels, Clark, Garza, Callahan and Dennis having reserved the right to explain their protest against the passage of the bill, made the following statement:

"Mr. Speaker and members of the House:

I voted no on Senate Bill 1275, the Build Michigan III program, because of a number of factors. Three years ago, Governor Engler came to the legislature and demanded an increase in the gasoline tax which he received. Build Michigan III ignores the fact that citizens are paying higher taxes at the pump to repair our roads and bridges. It borrows $900 million which will be repaid, along with interest, by taxpayers for years to come. This borrowing is uncalled for in strong economic times, when we have adequate funds to finance road repairs, and it is certainly uncalled for just three years after gasoline taxes were raised. Furthermore, there are too many unanswered questions concerning how projects are being chosen and what criteria are used in project selection. I have concerns about the lack of legislative oversight. Finally, the governor proposes to finance this program by raiding the Budget Stabilization Fund of nearly $100 million. Raiding the Rainy Day Fund during flush economic times is unjustifiable. For all these reasons, I oppose this legislation."

By unanimous consent the House returned to the order of

Reports of Select Committees

First Conference Report

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

House Bill No. 5282, entitled

A bill to make appropriations for the department of state police and certain other state purposes for the fiscal year ending September 30, 2001; to provide for the expenditure of those appropriations; to provide for certain reports and the consideration of those reports; to provide for the disposition of other income received by the various state agencies; to provide for the testing of certain persons; to provide for certain emergency powers; and to provide for the powers and duties of certain committees, certain state agencies, and certain employees.

Recommends:

First: That the House and Senate agree to the Substitute of the Senate as passed by the Senate, amended to read as follows:

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

PART 1

LINE-ITEM APPROPRIATIONS

Sec. 101. Subject to the conditions set forth in this act, the amounts listed in this part are appropriated for the department of state police for the fiscal year ending September 30, 2001, from the funds indicated in this part. The following is a summary of the appropriations in this part:

DEPARTMENT OF STATE POLICE

Full-time equated unclassified positions 5.0

Full-time equated classified positions 3,618.5

GROSS APPROPRIATION $ 404,926,100

Interdepartmental grant revenues:

Total interdepartmental grants and intradepartmental transfers $ 23,306,500

ADJUSTED GROSS APPROPRIATION $ 381,619,600

Federal revenues:

Total federal revenues 34,329,300

Special revenue funds:

Total local revenues 3,495,300

Total private revenues 0

Total state restricted revenues 43,231,600

State general fund/general purpose $ 300,563,400

Sec. 102. EXECUTIVE DIRECTION

Full-time equated unclassified positions 5.0

Full-time equated classified positions 52.0

Unclassified positions $ 413,700

Executive direction--45.0 FTE positions 3,845,500

Auto theft prevention program--7.0 FTE positions 6,528,200

GROSS APPROPRIATION $ 10,787,400

Appropriated from:

Special revenue funds:

Auto theft prevention fees 6,528,200

State general fund/general purpose $ 4,259,200

Sec. 103. DEPARTMENTWIDE APPROPRIATIONS

Special maintenance and utilities $ 467,900

Rent and building occupancy charges 8,814,000

Worker's compensation 2,539,000

Fleet leasing 13,190,300

In-service training 850,000

Narcotics investigation funds 265,000

GROSS APPROPRIATION $ 26,126,200

Appropriated from:

Interdepartmental grant revenues:

IDT-Michigan justice training fund 850,000

Federal revenues:

Federal narcotics investigation revenues 95,000

Special revenue funds:

Narcotics investigation revenues 170,000

State general fund/general purpose $ 25,011,200

Sec. 104. SUPPORT SERVICES

Full-time equated classified positions 132.5

Human resources--28.5 FTE positions $ 2,133,500

Management services--60.0 FTE positions 4,065,600

Training administration--44.0 FTE positions 4,823,500

GROSS APPROPRIATION $ 11,022,600

Appropriated from:

Interdepartmental grant revenues:

IDG-training academy charges 2,663,600

Special revenue funds:

Local-LEIN fees 31,900

Auto theft prevention fees 21,000

Reimbursements 10,000

Precision driving track fees 264,100

Narcotics investigation revenues 40,600

Motor carrier fees 76,300

State general fund/general purpose $ 7,915,100

Sec. 105. HIGHWAY SAFETY PLANNING

Full-time equated classified positions 26.0

State program planning and administration--14.0 FTE positions $ 1,214,100

Grants to local governments and nonprofit organizations 4,000,000

Secondary road patrol administration--1.0 FTE position 86,200

Secondary road patrol and traffic accident basic grants 6,272,300

Secondary road patrol and traffic accident enhanced grants 6,152,300

Truck safety program--2.0 FTE positions 3,021,600

Field coordination and analysis--8.0 FTE positions 1,360,000

Highway traffic safety--1.0 FTE position 3,113,800

GROSS APPROPRIATION $ 25,220,300

Appropriated from:

Federal revenues:

DOT-NHTSA 8,903,300

DOJ-OJJDP 200,000

Special revenue funds:

Truck driver safety fund 2,971,600

Secondary road patrol and training fund 6,152,300

State general fund/general purpose $ 6,993,100

Sec. 106. CENTRAL RECORDS

Full-time equated classified positions 78.5

Central records division--60.0 FTE positions $ 4,669,800

Criminal records improvement--1.0 FTE position 2,727,600

Traffic safety--17.5 FTE positions 1,513,000

GROSS APPROPRIATION $ 8,910,400

Appropriated from:

Interdepartmental grant revenues:

IDG-MDOS 307,900

IDG-MDOT, state trunkline fund 330,900

Federal revenues:

DOJ-BJS, national criminal history improvement program (NCHIP) 2,627,400

DOJ-BJA, drug control and system improvements, formula grants 100,200

DOT-NHTSA 386,700

Special revenue funds:

Central records service fees 2,030,700

State general fund/general purpose $ 3,126,600

Sec. 107. CRIMINAL JUSTICE DATA CENTER

Full-time equated classified positions 69.0

State police-management information systems--24.5 FTE positions $ 3,146,500

Local LEIN services--23.5 FTE positions 5,255,100

Automated fingerprint identification system--21.0 FTE positions 2,869,300

Computer services 655,600

GROSS APPROPRIATION $ 11,926,500

Appropriated from:

Special revenue funds:

Local-LEIN fees 2,026,400

Local-AFIS fees 33,000

State general fund/general purpose $ 9,867,100

Sec. 108. FORENSIC SCIENCES

Full-time equated classified positions 212.0

Laboratory operations--193.0 FTE positions $ 16,294,600

DNA analysis program--19.0 FTE positions 2,307,800

Grant to city of Detroit 921,100

GROSS APPROPRIATION $ 19,523,500

Appropriated from:

Federal revenues:

DOJ-BJA, drug control and system improvement, formula grants 580,200

Special revenue funds:

Forensic science reimbursement fees 15,000

State forensic laboratory fund 455,000

State general fund/general purpose $ 18,473,300

Sec. 109. COMMISSION ON LAW ENFORCEMENT STANDARDS

Full-time equated classified positions 28.0

Standards and training--24.0 FTE positions $ 2,035,400

Training only to local units 659,400

Officer's survivor tuition program 50,000

Michigan justice training commission--4.0 FTE positions 9,026,100

GROSS APPROPRIATION $ 11,770,900

Appropriated from:

Federal revenues:

DOJ-OJP 360,000

Special revenue funds:

Secondary road patrol and training fund 659,400

Michigan justice training fund 9,026,100

State general fund/general purpose $ 1,725,400

Sec. 110. FIRE MARSHAL

Full-time equated classified positions 54.0

Fire marshal programs--44.0 FTE positions $ 3,925,000

Fire investigation training to locals 51,500

Fire fighters training council--10.0 FTE positions 1,505,600

GROSS APPROPRIATION $ 5,482,100

Appropriated from:

Federal revenues:

FEMA-PTED, hazardous material assistance program 50,000

DOT-RSPA, interagency hazardous materials public sector and planning grants 50,000

State general fund/general purpose $ 5,382,100

Sec. 111. EMERGENCY MANAGEMENT

Full-time equated classified positions 49.0

Emergency management planning and administration--32.0 FTE positions $ 2,896,700

Grants to local government 2,182,100

FEMA program assistance--3.0 FTE positions 954,600

Nuclear power plant emergency planning--6.0 FTE positions 1,124,200

Hazardous materials transportation--1.0 FTE position 613,000

Hazardous materials programs--7.0 FTE positions 1,834,200

GROSS APPROPRIATION $ 9,604,800

Appropriated from:

Federal revenues:

FEMA-PTED, hazardous material assistance program 4,613,900

DOT-RSPA, interagency hazardous materials public sector training and planning grants 613,000

DOJ-BJA, anti-terrorism training 249,900

Special revenue funds:

Nuclear plant emergency planning reimbursement 1,124,200

Hazardous materials training center fees 1,249,100

State general fund/general purpose $ 1,754,700

Sec. 112. UNIFORM SERVICES

Full-time equated classified positions 2,077.5

Uniform services--610.0 FTE positions $ 50,124,800

Security guards--35.0 FTE positions 1,456,000

Reimbursed services 666,900

At-post troopers--1,432.5 FTE positions 117,097,400

State commercial mobile radio service projects 837,000

Firearms awareness and safety 350,000

GROSS APPROPRIATION $ 170,532,100

Appropriated from:

Interdepartmental grant revenues:

IDG-MDMB, building occupancy charges 610,100

IDG-MDOC 102,000

IDG-MDTR, emergency telephone fund 837,000

Federal revenues:

DOL-ETA 150,000

DOJ-COPS 500,000

Special revenue funds:

Highway safety fund 6,555,600

State police service fees 666,900

State general fund/general purpose $ 161,110,500

Sec. 113. SPECIAL OPERATIONS

Full-time equated classified positions 156.5

Operational support--35.0 FTE positions $ 2,470,200

Traffic services--13.5 FTE positions 3,564,400

Aviation program--8.0 FTE positions 1,693,500

Communications--100.0 FTE positions 14,727,600

GROSS APPROPRIATION $ 22,455,700

Appropriated from:

Interdepartmental grant revenues:

IDG-MDOC, contract 76,000

Federal revenues:

DOT-NHTSA 2,040,700

Special revenue funds:

Rental of department aircraft 201,300

Drunk driving prevention and training fund 833,600

State general fund/general purpose $ 19,304,100

Sec. 114. CRIMINAL INVESTIGATIONS

Full-time equated classified positions 465.5

Criminal investigations--341.5 FTE positions $ 33,664,100

Federal anti-drug initiatives--72.0 FTE positions 9,884,100

Reimbursed services, materials, and equipment 1,715,600

Auto theft prevention--10.0 FTE positions 1,129,300

Casino gaming oversight--42.0 FTE positions 5,309,600

GROSS APPROPRIATION $ 51,702,700

Appropriated from:

Interdepartmental grant revenues:

IDT-Auto theft funds 863,600

IDG-MDTR, casino gaming fees 5,309,600

IDG-MDCH, tobacco tax 656,900

Federal revenues:

Federal investigations-reimbursed services 311,600

DOJ-BJA, drug control and system improvement, formula grants 7,396,400

Federal narcotics investigation revenues 379,700

Special revenue funds:

Local-reimbursed services 1,404,000

Narcotics investigation revenues 535,100

Forfeiture funds 269,500

Licensing fees 415,400

State general fund/general purpose $ 34,160,900

Sec. 115. MOTOR CARRIER ENFORCEMENT

Full-time equated classified positions 218.0

Motor carrier enforcement--135.0 FTE positions $ 11,791,500

Truck safety enforcement team operations--15.0 FTE positions 1,022,400

Safety inspections--45.5 FTE positions 4,357,400

School bus inspections--16.0 FTE positions 1,480,100

Safety projects--6.5 FTE positions 1,209,500

GROSS APPROPRIATION $ 19,860,900

Appropriated from:

Interdepartmental grant revenues:

IDT, truck safety fund 1,094,100

IDG-MDOT, state trunkline fund 9,604,800

Federal revenues:

DOT-NHTSA 4,721,300

Special revenue funds:

Motor carrier fees 2,960,600

State general fund/general purpose $ 1,480,100

PART 2

PROVISIONS CONCERNING APPROPRIATIONS

GENERAL SECTIONS

Sec. 201. Pursuant to section 30 of article IX of the state constitution of 1963, total state spending from state resources under part 1 for fiscal year 2000-2001 is $343,795,000.00 and state spending from state resources to be paid to local units of government for fiscal year 2000-2001 is $20,120,300.00. The itemized statement below identifies appropriations from which spending to units of local government will occur:

DEPARTMENT OF STATE POLICE

OFFICE OF HIGHWAY SAFETY PLANNING

Secondary road patrol and traffic accident basic grants $ 6,272,300

Secondary road patrol and traffic accident enhanced grants 6,152,300

FORENSIC SCIENCES

Grant to city of Detroit $ 921,100

COMMISSION ON LAW ENFORCEMENT STANDARDS

Training only to local units $ 659,400

Michigan justice training commission 5,624,700

FIRE MARSHAL

Fire fighters training council $ 439,000

Fire investigation training for locals 51,500

TOTAL $ 20,120,300

Sec. 202. The appropriations authorized under this act are subject to the management and budget act, 1984 PA 431, MCL 18.1101 to 18.1594.

Sec. 203. As used in this act:

(a) "AFIS" means the automated fingerprint identification system.

(b) "COLES" means the commission on law enforcement standards.

(d) "DNA" means deoxyribonucleic acid.

(e) "DOJ" means the United States department of justice.

(f) "DOJ-BJA" means the DOJ bureau of justice assistance.

(g) "DOJ-BJS" means the United States DOJ bureau of justice statistics.

(h) "DOJ-COPS" means the DOJ community oriented policing services.

(i) "DOJ-OJJDP" means the DOJ office of juvenile justice and delinquency prevention.

(j) "DOJ-OJP" means the DOJ office of justice programs.

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

(l) "DOL-ETA" means the DOL employment and training administration.

(m) "DOT" means the United States department of transportation.

(n) "DOT-NHTSA" means DOT national highway traffic safety administration.

(o) "DOT-FHWA" means the DOT federal highway administration.

(p) "DOT-RSPA" means the DOT research and special programs administration.

(q) "FEMA" means the federal emergency management agency.

(r) "FEMA-PTED" means the FEMA preparedness, training, and exercises directorate.

(s) "FTE" means full-time equated.

(t) "IDG" means interdepartmental grant.

(u) "IDT" means intradepartmental transfer.

(v) "LEIN" means law enforcement information network.

(w) "MDCH" means the Michigan department of community health.

(x) "MDMB" means the Michigan department of management and budget.

(y) "MDOC" means the Michigan department of corrections.

(z) "MDOS" means the Michigan department of state.

(aa) "MDOT" means the Michigan department of transportation.

(bb) "MDTR" means the Michigan department of treasury.

Sec. 204. The department of civil service shall bill departments and agencies at the end of the first fiscal quarter for the 1% charge authorized by section 5 of article XI of the state constitution of 1963. Payments shall be made for the total amount of the billing by the end of the second fiscal quarter.

Sec. 205. (1) Beginning October 1, a hiring freeze is imposed on the state classified civil service. State departments and agencies are prohibited from hiring any new full-time state classified civil service employees and prohibited from filling any vacant state classified civil service positions. This hiring freeze does not apply to internal transfers of classified employees from 1 position to another within a department or to positions that are funded with 80% or more federal or restricted funds.

(2) The state budget director shall grant exceptions to this hiring freeze when the state budget director believes that the hiring freeze will result in rendering a state department or agency unable to deliver basic services. The state budget director shall report by the fifteenth of each month to the chairpersons of the senate and house of representatives standing committees on appropriations the number of exceptions to the hiring freeze approved during the previous month and the justification for the exception.

Sec. 206. (1) In addition to the funds appropriated in part 1, there is appropriated an amount not to exceed $10,000,000.00 for federal contingency funds. These funds are not available for expenditure until they have been transferred to another line item in this act under section 393(2) of the management and budget act, 1984 PA 431, MCL 18.1393.

(2) In addition to the funds appropriated in part 1, there is appropriated an amount not to exceed $3,500,000.00 for state restricted contingency funds. These funds are not available for expenditure until they have been transferred to another line item in this act under section 393(2) of the management and budget act, 1984 PA 431, MCL 18.1393.

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

(4) In addition to the funds appropriated in part 1, there is appropriated an amount not to exceed $200,000.00 for private contingency funds. These funds are not available for expenditure until they have been transferred to another line item in this act under section 393(2) of the management and budget act, 1984 PA 431, MCL 18.1393.

Sec. 207. At least 60 days before beginning any effort to privatize, the department shall submit a complete project plan to the appropriate senate and house of representatives appropriations subcommittees and the senate and house fiscal agencies. The plan shall include the criteria under which the privatization initiative will be evaluated. The evaluation shall be completed and submitted to the appropriate senate and house of representatives appropriations subcommittees and the senate and house fiscal agencies within 30 months.

Sec. 208. The department shall continue to pilot the use of the Internet to fulfill the reporting requirements of this act. This may include transmission of reports via electronic mail to the recipients identified for each reporting requirement or it may include placement of reports on the Internet or legislative Intranet site. The senate and house of representatives appropriations subcommittees and senate and house fiscal agencies shall be notified in writing of the Internet or Intranet site of any such report. Quarterly, the department shall provide a cumulative listing of the reports submitted during the most recent 3-month period along with the Internet or Intranet site of each report, and a list of those reports expected to be transmitted in the following quarter.

Sec. 209. Funds appropriated in part 1 shall not be used for the purchase of foreign goods or services, or both, if competitively priced and of comparable quality American goods or services, or both, are available.

Sec. 210. The director of each department receiving appropriations in part 1 shall take all reasonable steps to ensure businesses in deprived and depressed communities compete for and perform contracts to provide services or supplies, or both, for the department. The director shall strongly encourage firms with which the department contracts to subcontract with certified businesses in depressed and deprived communities for services or supplies, or both.

Sec. 211. It is the intent of the legislature that personnel of the department who request and are eligible for reimbursement of expenses related to the operation of the department be reimbursed from the appropriations provided in this act within 30 days after submitting a request, or the eligible personnel shall be paid an additional amount equal to 0.75% of the payment due. The department shall pay an additional amount equal to 0.75% of the payment due for the first month and each succeeding month or portion of a month the payment remains past due.

Sec. 212. Of the state general fund/general purpose revenue appropriated in this act, $89,079,600.00 represents a state spending increase over the amount provided to the department of state police for the fiscal year ending September30, 1994, and may be used to meet state match requirements of programs contained in the violent crime control and law enforcement act of 1994, Public Law 103-322, 108 Stat. 1796, or successor grant programs, so that any additional federal money received supplements funding provided to the department of state police in this act.

Sec. 213. The department is authorized to receive and to expend upon receipt any federal or state forfeiture money. Each quarter, the department shall notify the state police appropriations subcommittees of the house and senate and the house and senate fiscal agencies of the receipt of any federal or state forfeiture money.

Sec. 214. Any law enforcement entity receiving GF/GP funds from this act shall not evaluate an employee or consider an employee for promotion or assignment on the basis of motor vehicle citations issued.

Sec. 215. (1) Money appropriated under this act shall be used to maintain a sex offenders registry website on the Internet. The website shall be capable of being linked to and immediately be accessible from the websites of public officials, including legislators. The sex offenders registry website shall contain a listing of all those persons in the state convicted of a sex offense and required to be registered with the state under the sex offenders registration act, 1994 PA295, MCL 28.721 to 28.732. Persons listed on the sex offenders registry website shall have information listed about them including, but not limited to, their name, aliases, date of birth, address, physical description, including a photograph, and a list of sex offenses of which they were convicted.

(2) There are sufficient funds appropriated in part 1 for maintaining the accuracy of the information contained in the sex offender registry website. The department shall assign sufficient personnel to ensure the accuracy and completeness of information concerning each registrant on the website by verifying the accuracy of registrants' addresses on a regular basis. The department shall vigorously apprehend and prosecute those who fail to comply with the sex offenders registration act.

Sec. 216. (1) It is the intent of the legislature that the department shall not provide any subsidy for contractual services it provides.

(2) When the department provides contractual services to a local unit of government, the department shall be reimbursed for all costs incurred in providing the services, including, but not limited to, retirement and overtime costs.

(3) Contractual services provided to an entity other than a local unit of government may be provided by department personnel, but only on an overtime basis outside the normal work schedule of the personnel.

(4) This section does not apply to state agencies.

Sec. 217. In conjunction with the department of transportation, the department of state police shall develop plans for the maintenance, scheduling, and use of all state-owned aircraft. It is the intent of the legislature that these plans maximize the safe and cost-efficient use of the state transportation air fleet. The department shall prepare a joint report, coordinated by the department of transportation, on the development of these plans.

Sec. 218. The department shall create and retain copies of reports for all money appropriated under part 1.

Sec. 219. Not later than March 15, 2001 and September 30, 2001, the department shall report to the state police appropriations subcommittees of the house and senate and the house and senate fiscal agencies. The report shall contain the following information regarding the department's activities related to casino gaming oversight:

(a) The amount of money received and expended.

(b) The nature and structure of the casino gaming oversight unit.

(d) The number of full-time and part-time employees and the aggregate number of FTEs.

(e) The number of enlisted and civilian positions.

(f) The duties and responsibilities of the assigned employees.

(g) The immediate past position of the enlisted employees assigned.

Sec. 220. The state police shall collect and computerize the vehicle identification number of all vehicles that are entered into the state accident data collection system and make this and other vehicle information available to the public.

Sec. 221. Of the funds appropriated in part 1, $50,000.00 shall be expended by the department to create a toll-free hotline in collaboration with the department of education. The toll-free hotline shall be operated 24 hours per day, 7days per week, and shall provide students, school officials, and other individuals an opportunity to report specific threats of imminent school violence or other suspicious or criminal conduct by juveniles to the appropriate local law enforcement entities for investigation.

Sec. 222. Of the funds appropriated in part 1, not more than $100,000.00 shall be expended by the department to comply with section 16b of the code of criminal procedure, 1927 PA 175, MCL 769.16b, section 464a of the mental health code, 1974 PA 258, MCL 330.1464a, and section 5107 of the estates and protected individuals code, 1998 PA386, MCL 700.5107.

FIRE MARSHAL

Sec. 301. (1) The department shall prepare a detailed report and deliver it to the senate and house subcommittees on the state police not later than May 15, 2001.

(2) The report shall contain input from a delegate appointed from and by the following organizations:

(a) Michigan fire chiefs association.

(b) Michigan state fireman's association.

(d) Michigan fire service instructors association.

(e) Michigan fire inspectors society.

(f) Michigan chapter of the international association of arson investigators.

(3) The report shall contain information about the quality and adequacy of service from the state fire investigation, education, and training under the reorganization of the fire marshal division responsibilities. The report shall be based on the performance of the fire marshal division in the performance of its fire safety duties during the first 6 months of fiscal year 2000-2001.

HIGHWAY SAFETY PLANNING

Sec. 401. In addition to the money appropriated in section 105 and section 109, the department may receive and expend state restricted funds for the support of the secondary road patrol and traffic accident enhanced grants program and training to local units in accordance with section 629e of the Michigan vehicle code, 1949 PA 300, MCL 257.629e. Expenditures for the support of the secondary road patrol and traffic accident enhanced grants and training to local units program shall not exceed revenues received.

Sec. 402. Of the funds appropriated in section 105, a grant of $50,000.00 shall be made to Michigan Technological University to be used for a study of the distribution and nature of log truck accidents and the characteristics of log trucks and log loads. The findings of this study shall be forwarded to the house and senate appropriations committees, the house and senate fiscal agencies, and the state budget director.

CRIMINAL JUSTICE DATA CENTER

Sec. 501. The money appropriated in section 107 for computer services shall be funded by LEIN user fees sufficient to pay 1/3 of the service and contract maintenance costs of the LEIN mainframe computer system.

Sec. 503. A portion of the funds appropriated in section 107 for the criminal justice data center shall be used by the department to produce a written report detailing departmental policies regarding access to and use of information from the law enforcement information network. The report shall include a description of departmental measures to protect the security of information in the law enforcement information network including safeguards that would prevent unauthorized persons from obtaining information from the law enforcement information network. The department shall deliver a copy of this report to the senate and house appropriations committees no later than April 1, 2001.

Sec. 504. The criminal justice information systems policy council shall encourage members of the law enforcement agencies in the state to be sensitive to, and note when necessary, activities or circumstances that may suggest the unauthorized access or misuse of information from the law enforcement information network. The criminal justice information systems policy council shall advise LEIN auditors, as a part of their audit of law enforcement agencies, to investigate in depth all suspected incidents of improper access or improper use of information from the law enforcement information network and determine whether or not those incidents were illegal. In those incidents which may be determined to be illegal, the executive secretary for the council shall determine whether those incidents were of a negligent or criminal nature. When an incident is determined to be an illegal act, the council shall inform the chairs of both the senate and house appropriations committees.

FORENSIC SCIENCES

Sec. 601. It is the intent of the legislature that the grant to the city of Detroit under section 108 be allocated by the city to supplement the city's appropriations for the Detroit crime lab and the Detroit police special events account. The city of Detroit shall provide a report to the department detailing the expenditures made and the services provided from the money appropriated for the grant. This report shall be forwarded by the department to the house and senate appropriations subcommittees on state police, the house and senate fiscal agencies, and the state budget director by January 15, 2001.

Sec. 602. (1) The department shall distribute a copy of the department's protocol for retaining and purging DNA analysis samples and records to each police agency in this state.

(2) The department shall report to the house and senate appropriations subcommittees on state police and the house and senate fiscal agencies whenever any changes to the department's DNA protocol are made.

COMMISSION ON LAW ENFORCEMENT STANDARDS

Sec. 701. The money appropriated to the COLES for maintenance and delivery of training to locals is provided in accordance with a state reimbursement policy in which 100% of the determined state reimbursement rate shall be distributed upon certification by the COLES.

Sec. 702. The money appropriated in section 109 for community policing coordination shall be used by the department to work in conjunction with local criminal justice agencies to implement and update an appropriate curriculum to support community policing. The department shall work as a coordinator to deliver community policing training.

Sec. 703. From the appropriations in section 109 for the training of new Michigan state troopers, other new police officers in the state, and the continuing education of all law enforcement officers in the state, sufficient funds shall be used for the purpose of including curricula on the content and application of federal firearms laws, including the procedures necessary for law enforcement to use to turn appropriate cases over to the federal bureau of alcohol, tobacco and firearms or any other applicable federal criminal justice agency.

EMERGENCY MANAGEMENT

Sec. 801. (1) The state director of emergency management may expend money appropriated under this act to call upon any agency or department of the state or any resource of the state to protect life or property or to provide for the health or safety of the population in any area of the state in which the governor proclaims a state of emergency or state of disaster under 1945 PA 302, MCL 10.31 to 10.33, or under the emergency management act, 1976 PA 390, MCL 30.401 to 30.420. The state director of emergency management may expend the amounts the director considers necessary to accomplish these purposes. The director shall submit to the state budget director as soon as possible a complete report of all actions taken under the authority of this section. The report shall contain, as a separate item, a statement of all money expended that is not reimbursable from federal money. The state budget director shall review the expenditures and submit recommendations to the legislature in regard to any possible need for a supplemental appropriation.

(2) In addition to the money appropriated in this act, the department may receive and expend money from local, private, federal, or state sources for the purpose of providing emergency management training to local or private interests and for the purpose of supporting emergency preparedness, response, recovery, and mitigation activity.

UNIFORM SERVICES

Sec. 901. The department shall not expend any portion of the money appropriated in this act, including any expenditure made under an executive order, to plan for or to implement a roadblock or check lane system that has as its primary objective the deterrence or detection of intoxicated drivers in this state.

Sec. 902. It is the intent of the legislature that the department maintain the maximum number of troopers on the road from the available money appropriated in this act.

Sec. 903. State police enlisted personnel who are employed to enforce traffic laws as provided in section 629e of the Michigan vehicle code, 1949 PA 300, MCL 257.629e, shall not be prohibited from responding to crimes in progress or other emergency situations, and are responsible for protecting every citizen of this state from harm.

Sec. 905. Of the funds appropriated in section 112 for reimbursed services, up to $500,000.00 shall be expended for construction zone traffic law enforcement.

Sec. 906. Money appropriated under section 112 for firearms awareness and safety shall be expended by the department, in collaboration with the Michigan State University school of criminal justice, to develop a curriculum for K-12 students on gun awareness and safety, and to train 400 police officers to deliver the curriculum to school-age youth. The gun safety curriculum shall include teaching children to prevent gun accidents by instructing them to "stop, don't touch, leave the area and tell an adult" should a child encounter a gun. The curriculum shall not include instruction on how to use a gun.

SPECIAL OPERATIONS

Sec. 1001. (1) Money appropriated under section 113 for the Michigan public safety communications system shall be expended upon approval of an expenditure plan by the state budget director.

(2) The department of state police shall assess all subscribers of the Michigan public safety communications system reasonable access and maintenance fees.

(3) All money received by the department of state police under this section shall be deposited to the state general fund pursuant to section 443 of the management and budget act, 1984 PA 431, MCL 18.1443.

(4) The department of state police shall provide a report to the house and senate appropriations committees, house and senate fiscal agencies, and the state budget director on April 15, 2001, and on October 15, 2001, indicating the amount of revenue collected under this section and deposited to the state general fund for the immediately preceding 6-month period.

Sec. 1002. In addition to the appropriations in section 113 to the department of state police for the aviation program, the department is authorized to sell its aircraft and the proceeds from the sale are appropriated and may be applied to the renovation cost of replacement aircraft.

CRIMINAL INVESTIGATIONS

Sec. 1101. (1) There is sufficient money appropriated in section 114 to criminal investigations to ensure that the citizens in a service area of any state police post in the vicinity of a state prison do not experience a downgrading of state police services in their area. Criminal investigations shall be available by temporary or permanent assignment of a detective when either a temporary or permanent prison facility is opened.

(2) If the department is unable to comply with subsection (1) and there is a prison scheduled to open, the department shall provide troopers to serve as investigators on an interim basis.

Sec. 1102. In addition to the money appropriated in part 1, the department may receive and expend state restricted funds for the support of the private security guard licensure program. Expenditures for the support of the private security guard licensure program shall not exceed revenues received.

MOTOR CARRIER ENFORCEMENT

Sec. 1201. The appropriation in section 115 for school bus inspections shall be used by the department of state police to inspect each school bus and pupil transportation vehicle annually, as required under section 715a of the Michigan vehicle code, 1949 PA 300, MCL 257.715a, and section 39 of the pupil transportation act, 1990 PA 187, MCL 257.1839. The department shall award a certificate to a school system if the system's school buses all received a 100% successful state inspection upon the first inspection in a given year.

CENTRAL RECORDS

Sec. 1301. Of the funds appropriated in section 106, there are sufficient funds for the department to gather and report statistical information on applications for pistol purchases in the state during fiscal year 2000-2001. A report shall be produced that will include a statistical sampling of several hundred applications in the state from a variety of jurisdictions, including those from both rural and urban areas of the state. The data collected shall include the number of background checks performed, the number of persons failing background checks according to various state and federal regulations, and the specific reason for each of the pistol purchases denied. The report shall be delivered to the senate and house appropriations subcommittees on state police and military and veterans affairs no later than November 15, 2001.

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

Cameron Brown

John Pappageorge

A. T. Frank

Conferees for the House

Philip E. Hoffman

Walter North

Jackie Vaughn, III

Conferees for the Senate

The Speaker announced that under Joint Rule 9 the conference report would lie over one day.

Rep. Raczkowski moved pursuant to Joint Rule 9, that the Journal printing requirement be suspended, printed copies of the conference report having been placed on the members' desks.

The motion prevailed.

The question being on the adoption of the conference report,

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

Roll Call No. 750 Yeas--105

Allen Frank Kukuk Rison

Baird Garcia LaForge Rivet

Basham Garza LaSata Rocca

Birkholz Geiger Law Sanborn

Bisbee Gieleghem Lemmons Schauer

Bishop Gilbert Lockwood Schermesser

Bogardus Godchaux Mans Scranton

Bovin Green Martinez Shackleton

Bradstreet Hager Mead Sheltrown

Brater Hale Middaugh Shulman

Brewer Hansen Minore Spade

Brown, B. Hardman Mortimer Stallworth

Brown, C. Hart Neumann Stamas

Byl Howell O'Neil Switalski

Callahan Jacobs Pappageorge Tabor

Cassis Jamnick Patterson Tesanovich

Caul Jansen Perricone Thomas

Cherry Jelinek Pestka Toy

Clark, I. Jellema Price Van Woerkom

Clarke, H. Johnson, Rick Prusi Vander Roest

Daniels Julian Pumford Vaughn

DeHart Kelly Quarles Vear

Dennis Kilpatrick Raczkowski Voorhees

DeRossett Koetje Reeves Wojno

DeVuyst Kowall Richardville Woodward

DeWeese Kuipers Richner Woronchak

Faunce

Nays--1

Gosselin

In The Chair: Birkholz

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

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

______

Rep. DeVuyst moved that Rep. Green be excused temporarily from today's session.

The motion prevailed.

First Conference Report

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

House Bill No. 5284, entitled

A bill to make appropriations for the state transportation department and certain transportation purposes for the fiscal year ending September 30, 2001; to provide for the imposition of fees; to provide for reports; to create certain funds and programs; to prescribe requirements for certain railroad and bus 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.

Recommends:

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

1. Amend page 2, line 5, by striking out "$2,993,030,600" and inserting "$2,990,967,600".

2. Amend page 2, line 10, by striking out "$2,982,571,100" and inserting "$2,980,508,100".

3. Amend page 2, line 14, by striking out "862,749,000" and inserting "868,912,000".

4. Amend page 2, line 17, by striking out "918,449,000" and inserting "924,612,000".

5. Amend page 2, line 22, by striking out "1,033,898,200" and inserting "1,031,307,800".

6. Amend page 2, line 25, by striking out "705,183,800" and inserting "707,774,200".

7. Amend page 3, line 5, by striking out "$8,226,000" and inserting "$0".

8. Amend page 3, line 26, by striking out all of line 26.

9. Amend page 4, following line 1, by inserting:

"STF grant to attorney general 2,590,400".

10. Amend page 4, line 22, by striking out "58,482,500" and inserting "55,892,100".

11. Amend page 4, line 24, by striking out "12,499,500" and inserting "15,089,900".

12. Amend page 8, line 4, by striking out "214,803,000" and inserting "220,966,000".

13. Amend page 8, line 8, by striking out "592,890,500" and inserting "589,890,500".

14. Amend page 8, line 10, by striking out "$2,108,971,500" and inserting "$2,112,134,500".

15. Amend page 8, line 14, by striking out "841,549,000" and inserting "847,712,000".

16. Amend page 8, line 19, by striking out "$3,000,000" and inserting "$0".

17. Amend page 10, line 21, by striking out all of line 21.

18. Amend page 11, line 1, by striking out "$32,705,800" and inserting "$27,479,800".

19. Amend page 11, line 12, by striking out "$5,226,000" and inserting "$0".

20. Amend page 12, line 14, by striking out "$2,058,422,100.00" and inserting "$2,050,196,100.00".

21. Amend page 12, line 16, by striking out "$1,161,228,500.00" and inserting "$1,158,228,500.00".

22. Amend page 12, line 23, by striking out "592,890,500" and inserting "589,890,500".

23. Amend page 13, line 8, by striking out "$1,161,228,500" and inserting "$1,158,228,500".

24. Amend page 18, line 13, after "a" by inserting "1-time".

25. Amend page 21, line 1, by striking out all of section 320.

26. Amend page 22, following line 9, by inserting:

"Sec. 334. With regard to interdepartmental contracts between the department and the attorney general, the department shall determine how much time the attorney general spends on services financed with transportation funds. The determination shall include a breakdown of the following:

(a) The time spent by the attorney general on activities which are general in nature and which are of benefit to all transportation programs or which cannot be readily identified with specific transportation programs.

(b) The time spent by the attorney general on activities which are of specific benefit to state trunkline programs, local road agency programs, public transportation programs, and aeronautics programs, respectively.".

27. Amend page 22, following line 12, by inserting:

"Sec. 337. The department may provide funding for widening and resurfacing Grand River avenue between Beck and Novi roads, in the city of Novi, and in coordination with current project improvements.".

28. Amend page 22, following line 27, by striking out all of section 341.

29. Amend page 22, following line 27, following section 343, by striking out all of section 344.

30. Amend page 24, following line 15, by inserting:

"(5) Twenty percent of all federal aid bridge funds shall be allocated to the critical bridge fund for the purpose of repairing or replacing bridges in the local off-system categories and local on-system categories." and renumbering the remaining subsections.

31. Amend page 25, line 25, after "247.913" by inserting a comma and "and section 11b of 1951 PA 51, MCL 247.661b".

32. Amend page 29, line 2, after "up to" by striking out "$4,000,000.00" and inserting "$400,000.00".

33. Amend page 29, line 11, after "the" by striking out "appropriation to county road commissions" and inserting "local federal aid and road and bridge construction appropriation".

34. Amend page 29, line 12, after "$3,000,000.00" by striking out "from the state general fund".

35. Amend page 31, line 7, after "up to" by striking out "$5,000,000.00" and inserting "$500,000.00".

36. Amend page 31, following line 16, by inserting:

"Sec. 614. From funds appropriated in part 1, the department may construct a 1-mile extension of the soundwall and pursue other noise abatement measures along I-696 in Southfield.".

37. Amend page 34, following line 27, by inserting:

"Sec. 717. As a condition of receiving funds from the local bus operating appropriation, DDOT and SMART shall jointly submit to the house of representatives and senate appropriations subcommittees on transportation and to the house and senate fiscal agencies copies of reports prepared by KPMG Peat Marwick regarding merger or coordination of services between the 2 systems. On or before November 1, 2000, the directors of DDOT and SMART shall jointly report to the house of representatives and senate appropriations subcommittees on transportation the findings of the KPMG Peat Marwick report.".

38. Amend page 39, line 8, after "part 1" by inserting "from the comprehensive transportation fund for rail passenger service".

39. Amend page 39, line 9, after "with" by striking out "Amtrak or another" and inserting "a rail".

40. Amend page 39, line 10, after the second "Chicago" by striking out the balance of the subsection and inserting "on a 7-day basis.".

41. Amend page 39, line 13, after "with" by striking out "Amtrak" and inserting "the rail carrier".

42. Amend page 40, line 4, after "(4)" by striking out "The" and inserting "If the chosen rail carrier is Amtrak, the".

43. Amend page 40, line 6, after "costs" by inserting "prior to receiving any state funding".

44. Amend page 40, line 8, after "(5)" by striking out "Amtrak" and inserting "The rail carrier".

45. Amend page 40, line 9, after "monitor" by striking out "and collect" and inserting a comma and "collect, and resolve".

46. Amend page 40, line 19, after "shall" by inserting "continue to".

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

Judith Scranton

Jon Jellema

Conferees for the House

Philip E. Hoffman

Joe Young, Jr.

Conferees for the Senate

The Speaker announced that under Joint Rule 9 the conference report would lie over one day.

Rep. Raczkowski moved pursuant to Joint Rule 9, that the Journal printing requirement be suspended, printed copies of the conference report having been placed on the members' desks.

The motion prevailed.

The question being on the adoption of the conference report,

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

Roll Call No. 751 Yeas--78

Allen Faunce Kowall Richner

Baird Frank Kuipers Rocca

Basham Garcia Kukuk Sanborn

Birkholz Geiger LaSata Schauer

Bisbee Gieleghem Law Scranton

Bishop Gilbert Mans Shackleton

Bovin Godchaux Martinez Sheltrown

Bradstreet Gosselin Mead Shulman

Brown, B. Hager Middaugh Spade

Brown, C. Hansen Mortimer Stamas

Byl Hart Neumann Switalski

Callahan Howell O'Neil Tabor

Cassis Jacobs Pappageorge Toy

Caul Jamnick Patterson Van Woerkom

Clarke, H. Jansen Perricone Vear

Dennis Jelinek Pestka Voorhees

DeRossett Jellema Pumford Wojno

DeVuyst Johnson, Rick Raczkowski Woodward

DeWeese Julian Richardville Woronchak

Ehardt Koetje

Nays--27

Bogardus Garza Lockwood Schermesser

Brater Hale Minore Stallworth

Brewer Hanley Price Tesanovich

Cherry Hardman Prusi Thomas

Clark, I. Kelly Reeves Vander Roest

Daniels LaForge Rison Vaughn

DeHart Lemmons Rivet

In The Chair: Birkholz

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

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

First Conference Report

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

House Bill No. 5280, entitled

A bill to make appropriations for the department of military and veterans affairs for the fiscal year ending September 30, 2001; to provide for the expenditure of the appropriations; to provide for certain powers and duties of the department of military and veterans affairs, other state agencies, and local units of government related to the appropriations; and to provide for the preparation of certain reports related to the appropriations.

Recommends:

First: That the House and Senate agree to the Substitute of the Senate as passed by the Senate, amended to read as follows:

A bill to make appropriations for the department of military and veterans affairs for the fiscal year ending September30, 2001; to provide for the expenditure of the appropriations; to provide for certain powers and duties of the department of military and veterans affairs, other state agencies, and local units of government related to the appropriations; and to provide for the preparation of certain reports related to the appropriations.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

PART 1

LINE-ITEM APPROPRIATIONS

Sec. 101. Subject to the conditions set forth in this act, the amounts listed in this part are appropriated for the department of military and veterans affairs for the fiscal year ending September 30, 2001, from the funds indicated in this part. The following is a summary of the appropriations in this part:

DEPARTMENT OF MILITARY AND VETERANS AFFAIRS

Full-time equated unclassified positions 7.0

Full-time equated classified positions 1,081.0

GROSS APPROPRIATION $ 101,172,700

Total interdepartmental grants and intradepartmental transfers $ 0

ADJUSTED GROSS APPROPRIATION $ 101,172,700

Total federal revenues 35,952,600

Total local revenues 0

Total private revenues 375,000

Total other state restricted revenues 22,988,200

State general fund/general purpose $ 41,856,900

Sec. 102. HEADQUARTERS AND ARMORIES

Full-time equated unclassified positions 7.0

Full-time equated classified positions 144.0

Headquarters and armories--105.0 FTE positions $ 10,392,200

Unclassified military personnel 616,900

Military appeals tribunal 900

Michigan emergency volunteers and civil air patrol 25,000

State active duty 60,100

Challenge program--39.0 FTE positions 2,808,400

GROSS APPROPRIATION $ 13,903,500

Appropriated from:

Federal revenues:

DOD-DOA-NGB 4,017,700

Special revenue funds:

Armory rentals 350,000

Mackinac bridge authority 40,000

State general fund/general purpose $ 9,495,800

Sec. 103. MILITARY TRAINING SITES AND SUPPORT FACILITIES

Full-time equated classified positions 229.0

Military training sites and support facilities--229.0 FTE positions $ 15,541,000

Military training sites and support facilities test projects 100,000

GROSS APPROPRIATION $ 15,641,000

Appropriated from:

Federal revenues:

DOD-DOA-NGB 11,920,200

Special revenue funds:

Test project fees 100,000

State general fund/general purpose $ 3,620,800

Sec. 104. DEPARTMENTWIDE APPROPRIATIONS

Departmentwide accounts $ 2,147,400

Special maintenance-state 616,200

Special maintenance-federal 2,302,000

Military retirement 2,231,900

Counter narcotic operations 50,000

Starbase grant 402,000

GROSS APPROPRIATION $ 7,749,500

Appropriated from:

Federal revenues:

DOD-DOA-NGB 3,976,000

DOJ-DEA 50,000

State general fund/general purpose $ 3,723,500

Sec. 105. VETERANS SERVICE ORGANIZATIONS

American legion $ 886,000

Disabled American veterans 732,400

Marine corps veterans 336,300

American veterans of World War II and Korea 464,800

Veterans of foreign wars 886,000

Michigan paralyzed veterans of America 165,700

Purple heart 157,900

Veterans of World War I 100

Polish legion of American veterans 41,200

Jewish veterans of America 41,200

State of Michigan council Vietnam veterans of America 159,500

Catholic war veterans 13,300

GROSS APPROPRIATION $ 3,884,400

Appropriated from:

State general fund/general purpose $ 3,884,400

Sec. 106. GRAND RAPIDS VETERANS' HOME

Full-time equated classified positions 539.0

Grand Rapids veterans' home--539.0 FTE positions $ 41,539,300

Board of managers 300,000

GROSS APPROPRIATION $ 41,839,300

Appropriated from:

Federal revenues:

DVA-VHA 11,688,200

HHS-HCFA, Medicare, hospital insurance 663,100

Special revenue funds:

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

Income and assessments 13,537,600

Lease revenue 35,000

State general fund/general purpose $ 15,615,400

Sec. 107. D.J. JACOBETTI VETERANS' HOME

Full-time equated classified positions 153.0

D.J. Jacobetti veterans' home--153.0 FTE positions $ 12,992,500

Board of managers 75,000

GROSS APPROPRIATION $ 13,067,500

Appropriated from:

Federal revenues:

DVA-VHA 3,311,900

HHS-HCFA, Medicare, hospital insurance 325,500

Special revenue funds:

Private-veterans' home post and posthumous funds 75,000

Income and assessments 4,189,300

State general fund/general purpose $ 5,165,800

Sec. 108. MICHIGAN VETERANS' TRUST FUND

Full-time equated classified positions 16.0

Veterans' affairs directorate administration---3.0 FTE positions $ 351,200

Administration---13.0 FTE positions 989,800

Veterans' trust fund grants 3,746,500

GROSS APPROPRIATION $ 5,087,500

Appropriated from:

Special revenue funds:

Michigan veterans' trust fund 4,736,300

State general fund/general purpose $ 351,200

PART 2

PROVISIONS CONCERNING APPROPRIATIONS

GENERAL SECTIONS

Sec. 201. Pursuant to section 30 of article IX of the state constitution of 1963, total state spending from state resources under part 1 for fiscal year 2000-2001 is $64,845,100.00 and state spending from state resources to be paid to local units of government for fiscal year 2000-2001 is $120,000.00. The itemized statement below identifies appropriations from which spending to units of local government will occur:

DEPARTMENT OF MILITARY AND VETERANS AFFAIRS

MILITARY TRAINING SITES AND SUPPORT FACILITIES

Payments in lieu of taxes $ 70,000

MICHIGAN VETERANS' TRUST FUND

County counselor travel expenses $ 50,000

TOTAL $ 120,000

Sec. 202. The appropriations authorized under this act are subject to the management and budget act, 1984 PA 431, MCL 18.1101 to 18.1594.

Sec. 203. As used in this act:

(a) "Department" means the department of military and veterans affairs.

(b) "Director" means the director of the department of military and veterans affairs.

(d) "DOD-DOA-NGB" means the DOD department of the army, national guard bureau.

(e) "DOJ" means the United States department of justice.

(f) "DOJ-DEA" means the DOJ drug enforcement agency.

(g) "DVA" means the United States department of veterans' affairs.

(h) "DVA-VHA" means the DVA veterans' health administration.

(i) "FTE" means full-time equated.

(j) "HHS" means the United States department of health and human services.

(k) "HHS-HCFA" means the HHS health care financing administration.

Sec. 206. (1) In addition to the funds appropriated in part 1, there is appropriated an amount not to exceed $2,900,000.00 for federal contingency funds. These funds are not available for expenditure until they have been transferred to another line item in this act under section 393(2) of the management and budget act, 1984 PA 431, MCL 18.1393.

(2) In addition to the funds appropriated in part 1, there is appropriated an amount not to exceed $1,500,000.00 for state restricted contingency funds. These funds are not available for expenditure until they have been transferred to another line item in this act under section 393(2) of the management and budget act, 1984 PA 431, MCL 18.1393.

(3) In addition to the funds appropriated in part 1, there is appropriated an amount not to exceed $100,000.00 for local contingency funds. These funds are not available for expenditure until they have been transferred to another line item in this act under section 393(2) of the management and budget act, 1984 PA 431, MCL 18.1393.

(4) In addition to the funds appropriated in part 1, there is appropriated an amount not to exceed $100,000.00 for private contingency funds. These funds are not available for expenditure until they have been transferred to another line item in this act under section 393(2) of the management and budget act, 1984 PA 431, MCL 18.1393.

Sec. 210. The director of each department receiving appropriations in part 1 shall take all reasonable steps to ensure businesses in deprived and depressed communities compete for and perform contracts to provide services or supplies, or both. Each director shall strongly encourage firms with which the department contracts to subcontract with certified businesses in depressed and deprived communities for services, supplies, or both.

Sec. 212. The department may provide advice and assistance to nonprofit organizations in the state who seek the acquisition of surplus military equipment for display or museum purposes.

Sec. 214. The department shall create and retain reports for all money appropriated under part 1.

Sec. 216. (1) Of the funds appropriated in section 103 for military training sites and support facilities, there shall be established a Michigan national guard education assistance program. Disbursements to the educational assistance program shall not exceed $2,000,000.00 without legislative approval. Under the program, a member of the national guard who is in active service and who enrolls as a full- or part-time student at a public or private state college or university may be eligible to receive up to an equivalent of 50% of the total cost of tuition not to exceed $2,000.00, as education assistance, in any academic year.

(2) An eligible person means a member of the Michigan national guard who is in active service, as defined in section 105 of the Michigan military act, 1967 PA 150, MCL 32.505. An eligible person does not include a member of the Michigan national guard or air national guard who is absent without leave or who is under charges as described in the Michigan code of military justice of 1980, 1980 PA 523, MCL 32.1001 to 32.1148.

(3) The department of military and veterans affairs, office of the adjutant general shall administer the education assistance program and prescribe forms and procedures to effectively carry out the education assistance program.

(4) An eligible person shall apply to the department of military and veterans affairs, office of the adjutant general for education assistance and shall provide evidence of attendance and completion of the course of study with a grade of at least 2.0 on a 4.0 scale, or its equivalent. The adjutant general shall approve the application for reimbursement if the applicant meets the definition of an eligible person under subsection (2) and other criteria as established by the adjutant general.

(5) The education assistance program applies to any course of instruction that is included in an associate, undergraduate, or postgraduate degree program offered by a college or university of this state.

(6) The education assistance program applies to an eligible person notwithstanding any other educational incentive or benefit received by the eligible person under any other educational assistance program provided by any other state.

(7) An eligible person who successfully completes the course of study with a grade of at least 2.0 on a 4.0 scale, or its equivalent, shall be eligible for reimbursement.

(8) The department of military and veterans affairs may use funds from the appropriated funds to administer the education assistance program.

(9) Reimbursed members who do not complete their national guard obligation shall pay the state for money received from the state for tuition. Members who fail to repay the state within the time limits established by the adjutant general shall be indebted to the state. The department shall work in conjunction with the department of treasury for inclusion in the tax intercept program for amounts due the state.

(10) A portion of the funds for the Michigan national guard education assistance program may be used by the department for the purpose of promoting the program and for encouraging those persons the department wishes to have enlist or reenlist in the Michigan national guard.

Sec. 217. In conjunction with the department of transportation, the department of military and veterans affairs shall develop plans for the maintenance, scheduling, and use of all state-owned, noncombat aircraft. It is the intent of the legislature that these plans maximize the cost-efficient use of the state transportation air fleet. The departments shall prepare a joint report, coordinated by the department of transportation, on the development of these plans.

HEADQUARTERS AND ARMORIES

Sec. 301. Money appropriated in this act for the military duty contingency fund shall be used to fund nonfederally supported missions of the national guard when called to state duty.

Sec. 302. The department may charge a reasonable rental fee for renting an armory. The fee shall include the cost of overtime compensation, insurance coverage, and any maintenance required.

Sec. 303. Of the funds appropriated in section 102 for Michigan emergency volunteers and civil air patrol, $20,000.00 shall be appropriated for the civil air patrol and $5,000.00 shall be appropriated for the Michigan emergency volunteers. The appropriations for the civil air patrol shall be used for the purchase of search and rescue equipment.

DEPARTMENTWIDE APPROPRIATIONS

Sec. 401. Money available from the Michigan national guard armory construction fund created in section 382a of the Michigan military act, 1967 PA 150, MCL 32.782a, is appropriated for expenditure for the purposes specified in that section.

VETERANS SERVICE ORGANIZATIONS

Sec. 501. (1) Money appropriated in section 105 for grants to veterans service organizations shall be used only for salaries, wages, related personnel costs, training, and equipment for accredited veteran service advocacy officers and necessary support and managerial staff. Training shall be provided for service advocacy officers and shall be conducted by accredited advocacy officers.

(2) To receive a grant from the money appropriated in section 105, a veterans service organization shall meet the following eligibility requirements:

(a) Be congressionally chartered by the United States Congress.

(b) Be an active participating member of the Michigan veterans organizations' rehabilitation and veterans service committee and abide by its rules, guidelines, and programs.

(d) Comply with the department's and the legislature's requirements of accounting audits, service work activity, accounting of recoveries, listing of volunteer hours, budget requests, and other requirements specified in subsection(3).

(e) For a veterans service organization founded after September 30, 1989, be in operation and providing service to Michigan veterans for not less than 2 years before receiving an initial state grant. During this 2-year period of time, the organization shall file a listing of service work activity and an accounting of recoveries with the department, the senate and house fiscal agencies, and the senate and house of representatives subcommittees on military affairs on forms as prescribed by the department.

(3) A veterans service organization receiving a grant from the money appropriated in section 105 shall file with the department a certified accounting of its expenditures within 120 days after the organization's fiscal year end. Each organization shall provide a detailed budget request for the fiscal year ending September 30, 2002 to the department by November 15, 2000 within the format as prescribed by the department to be used in the development of the budget for the fiscal year ending September 30, 2002. Each veterans service organization shall provide 5 copies of a listing of all service activity, an accounting of recoveries, and a listing of volunteer hours for the fiscal year ending September30, 2000 to the department by January 31, 2001. The listing of volunteer hours shall include the hours, services, and donations provided to residents of the Grand Rapids veterans' home and the D. J. Jacobetti veterans' home. Each veterans service organization shall provide a copy of the most recent and completed internal revenue service form 990 to the department at the end of the fiscal year ending September 30, 2000. A veterans service organization receiving a grant from the money appropriated in section 105 shall use the forms recommended by the Michigan veterans organizations' rehabilitation and veterans service committee for filing reports required by this act. The department shall forward information required under this section to the senate and house fiscal agencies and to the senate and house of representatives appropriations subcommittees on military affairs.

Sec. 502. Appropriations in section 105 for veterans service organizations shall include funding to provide services to veterans of World War I.

VETERANS' HOMES

Sec. 601. Appropriations in this act for the Grand Rapids veterans' home and the D. J. Jacobetti veterans' home shall not be used for any purpose other than for veterans and veterans' families.

Sec. 602. The Grand Rapids veterans' home and the D. J. Jacobetti veterans' home, together with the department and the department of management and budget, shall produce and deliver to the senate and house of representatives appropriations subcommittees on state police and military affairs an annual written report. The report shall include an accounting of member populations and bed space available; a description and accounting of services and activities provided to members; financial information; current state nursing home licensure status; the steps required for Medicaid certification, including a listing of any personnel, equipment, supplies, or budgetary increases required; and whether or not steps are being taken toward Medicaid certification. The annual report shall be submitted to the senate and house of representatives appropriations subcommittees on military affairs no later than February 1, 2001.

Sec. 603. The money appropriated in this act for the boards of managers may be expended for facility improvements, the purchase and repair of equipment and furnishings, member services, and other purposes that benefit the Grand Rapids veterans' home and the D. J. Jacobetti veterans' home.

Sec. 604. The money appropriated in this act for the boards of managers of the Grand Rapids veterans' home and the D. J. Jacobetti veterans' home shall be considered a work project account, and unexpended money remaining at the close of the fiscal year shall not lapse to the general fund but shall be carried forward to the subsequent fiscal year.

VETERANS' TRUST FUND

Sec. 701. In compliance with the various veterans' benefit programs funded by this state, a veteran who is denied benefits as a result of lack of properly disseminated information or due to misinformation relative to benefit eligibility shall be provided a review hearing by the Michigan veterans' trust fund board.

Sec. 702. The department may receive and expend revenue deposited to the Vietnam veterans memorial monument fund created under section 3 of the Michigan Vietnam veterans memorial act, 1988 PA 234, MCL 35.1053.

Sec. 703. (1) By April 1, 2001, the department shall submit to the senate and house of representatives appropriations subcommittees on military affairs a detailed annual report of the Michigan veterans' trust fund for fiscal year 1999-2000. The report shall include information on grants provided from the emergency grant program and the veterans survivor tuition program, including details concerning the methodology of allocations, the selection of emergency grant program authorized agents, and a detailed breakdown of trust fund expenditures for that year. The report shall also provide an update on the department's efforts to reduce program administrative costs.

(2) The annual report required under subsection (1) shall provide detailed information on the number of emergency grant applications denied during fiscal year 1999-2000, including an accounting of the reasons for denial. This information also shall include the number of persons denied an emergency grant because of individual ineligibility, because of insufficient funds, and because the applicant's request did not meet minimum program criteria.

(3) The annual report required under subsection (1) shall contain information on the veterans survivors tuition program, including the number of participants, where the participants attended school, payments made to each school, the average grade point and number of college credits earned by each participant, the number of participants suspended by the program, and the number of participants who earned a degree during fiscal year 1999-2000.

Sec. 704. The Michigan veterans affairs directorate administration and the Michigan veterans trust fund administration shall take steps to assist the county veterans counselors of the state to obtain training necessary for the execution of their duties.

Sec. 705. The Michigan veterans' memorial park commission may receive and expend gifts, contributions, and bequests from any person, public or private corporation, organization, foundation, governmental entity, or any other source for the purpose of establishing a veterans' memorial park as described in Executive Order No. 1992-4. Money contributed to the Michigan veterans' memorial park commission shall be deposited in the state treasury through the department and shall be available for expenditure. Project costs authorized by this act shall not exceed the gifts, contributions, and bequests received. Money under this section and any specific work orders or projects adopted by the Michigan veterans' memorial park commission in accordance with section 451(2) of the management and budget act, 1984 PA 431, MCL 18.1451, do not lapse at the end of this fiscal year but are available for expenditure until September30, 2002. Expenditures shall be in accordance with methods and procedures approved by the Michigan veterans' memorial park commission, the department, and appropriate state agencies.

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

A bill to make appropriations for the department of military and veterans affairs for the fiscal year ending September30, 2001; to provide for the expenditure of the appropriations; to provide for certain powers and duties of the department of military and veterans affairs, other state agencies, and local units of government related to the appropriations; and to provide for the preparation of certain reports related to the appropriations.

Cameron Brown

John Pappageorge

A. T. Frank

Conferees for the House

Philip E. Hoffman

Walter North

Jackie Vaughn, III

Conferees for the Senate

The Speaker announced that under Joint Rule 9 the conference report would lie over one day.

Rep. Raczkowski moved pursuant to Joint Rule 9, that the Journal printing requirement be suspended, printed copies of the conference report having been placed on the members' desks.

The motion prevailed.

The question being on the adoption of the conference report,

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

Roll Call No. 752 Yeas--105

Allen Faunce Kukuk Rison

Baird Frank LaForge Rivet

Basham Garcia LaSata Rocca

Birkholz Garza Law Sanborn

Bisbee Geiger Lemmons Schauer

Bishop Gieleghem Lockwood Schermesser

Bogardus Gilbert Mans Scranton

Bovin Godchaux Martinez Shackleton

Bradstreet Hager Mead Sheltrown

Brater Hale Middaugh Shulman

Brewer Hanley Minore Spade

Brown, B. Hansen Mortimer Stallworth

Brown, C. Hardman Neumann Stamas

Byl Hart O'Neil Switalski

Callahan Howell Pappageorge Tabor

Cassis Jacobs Patterson Tesanovich

Caul Jamnick Perricone Thomas

Cherry Jansen Pestka Toy

Clark, I. Jelinek Price Van Woerkom

Clarke, H. Jellema Prusi Vander Roest

Daniels Johnson, Rick Pumford Vaughn

DeHart Julian Quarles Vear

Dennis Kelly Raczkowski Voorhees

DeRossett Koetje Reeves Wojno

DeVuyst Kowall Richardville Woodward

DeWeese Kuipers Richner Woronchak

Ehardt

Nays--1

Gosselin

In The Chair: Birkholz

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

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

Messages from the Senate

The Speaker laid before the House

House Bill No. 5526, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," (MCL 324.101 to 324.90106) by adding part 802; and to repeal acts and parts of acts.

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

Rep. Callahan moved to amend the Senate substitute (S-1) as follows:

1. Amend page 17, line 3, after "80213," by striking out "OR".

2. Amend page 17, line 3, after "80215" by inserting "OR 80216".

The motion did not prevail and the amendments were not adopted, a majority of the members serving not voting therefor.

The question being on concurring in 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. 753 Yeas--105

Allen Garcia Kukuk Rison

Baird Garza LaForge Rivet

Basham Geiger LaSata Rocca

Birkholz Gieleghem Law Sanborn

Bisbee Gilbert Lemmons Schauer

Bishop Godchaux Lockwood Schermesser

Bogardus Gosselin Mans Scranton

Bovin Hager Martinez Shackleton

Bradstreet Hale Mead Sheltrown

Brater Hanley Middaugh Shulman

Brown, B. Hansen Minore Spade

Brown, C. Hardman Mortimer Stallworth

Callahan Hart Neumann Stamas

Cassis Howell O'Neil Switalski

Caul Jacobs Pappageorge Tabor

Cherry Jamnick Patterson Tesanovich

Clark, I. Jansen Perricone Thomas

Clarke, H. Jelinek Pestka Toy

Daniels Jellema Price Van Woerkom

DeHart Johnson, Rick Prusi Vander Roest

Dennis Julian Pumford Vaughn

DeRossett Kelly Quarles Vear

DeVuyst Kilpatrick Raczkowski Voorhees

DeWeese Koetje Reeves Wojno

Ehardt Kowall Richardville Woodward

Faunce Kuipers Richner Woronchak

Frank

Nays--0

In The Chair: Birkholz

The House agreed to the full title of the bill.

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

Second Reading of Bills

Senate Bill No. 1222, entitled

A bill to amend 1927 PA 175, entitled "The code of criminal procedure," by amending section 15 of chapter IV (MCL 764.15), as amended by 1999 PA 269.

Was read a second time, and the question being on the adoption of the proposed substitute (H-2) previously recommended by the Committee on Criminal Law and Corrections,

The substitute (H-2) was adopted, a majority of the members serving voting therefor.

Rep. Faunce moved to amend the bill as follows:

1. Amend page 5, line 15, after "effect" by striking out the balance of the enacting section and inserting "August 21, 2000.".

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

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. 1222, entitled

A bill to amend 1927 PA 175, entitled "The code of criminal procedure," by amending section 15 of chapter IV (MCL 764.15), as amended by 1999 PA 269.

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

Roll Call No. 754 Yeas--92

Allen Ehardt Kowall Richner

Baird Faunce Kuipers Rison

Basham Frank Kukuk Rivet

Birkholz Garcia LaForge Rocca

Bisbee Geiger LaSata Sanborn

Bishop Gieleghem Law Schauer

Bogardus Gilbert Lemmons Schermesser

Bovin Godchaux Lockwood Scranton

Bradstreet Gosselin Mans Shackleton

Brewer Green Mead Sheltrown

Brown, B. Hager Middaugh Shulman

Brown, C. Hanley Minore Spade

Byl Hansen Mortimer Stamas

Callahan Hart Neumann Switalski

Cassis Howell O'Neil Tabor

Caul Jacobs Patterson Toy

Cherry Jamnick Perricone Van Woerkom

Clarke, H. Jansen Pestka Vander Roest

DeHart Jelinek Prusi Vear

Dennis Johnson, Rick Pumford Voorhees

DeRossett Julian Quarles Wojno

DeVuyst Kelly Raczkowski Woodward

DeWeese Koetje Richardville Woronchak

Nays--13

Brater Hardman Martinez Tesanovich

Clark, I. Jellema Price Thomas

Garza Kilpatrick Reeves Vaughn

Hale

In The Chair: Birkholz

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

"An act to revise, consolidate, and codify the laws relating to criminal procedure and to define the jurisdiction, powers, and duties of courts, judges, and other officers of the court under the provisions of this act; to provide laws relative to the rights of persons accused of criminal offenses and ordinance violations; to provide for the arrest of persons charged with or suspected of criminal offenses and ordinance violations; to provide for bail of persons arrested for or accused of criminal offenses and ordinance violations; to provide for the examination of persons accused of criminal offenses; to regulate the procedure relative to grand juries, indictments, informations, and proceedings before trial; to provide for trials of persons complained of or indicted for criminal offenses and ordinance violations and to provide for the procedure in those trials; to provide for judgments and sentences of persons convicted of criminal offenses and ordinance violations; to establish a sentencing commission and to prescribe its powers and duties; to provide for procedure relating to new trials and appeals in criminal and ordinance violation cases; to provide a uniform system of probation throughout this state and the appointment of probation officers; to prescribe the powers, duties, and compensation of probation officers; to provide penalties for the violation of the duties of probation officers; to provide for procedure governing proceedings to prevent crime and proceedings for the discovery of crime; to provide for fees of officers, witnesses, and others in criminal and ordinance violation cases; to set forth miscellaneous provisions as to criminal procedure in certain cases; to provide penalties for the violation of certain provisions of this act; and to repeal all acts and parts of acts inconsistent with or contravening any of the provisions of this act,".

The House agreed to the full title.

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

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

By unanimous consent the House returned to the order of

Reports of Standing Committees

Meeting held on June 7, 2000

The Committee on Appropriations, by Rep. Geiger, Chair, reported

Senate Bill No. 968, entitled

A bill to make, supplement, and adjust appropriations for various state departments and agencies for the fiscal year ending September 30, 2000; to provide for the expenditure of the appropriations; and to repeal acts and parts of acts.

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 968 To Report Out:

Yeas: Reps. Geiger, Jellema, Cameron Brown, Byl, Caul, Godchaux, Jelinek, Kukuk, LaSata, Mead, Mortimer, Pappageorge, Pumford, Scranton, Stamas, Toy, Price, Cherry, Clarke, Kelly, Martinez, Pestka, Prusi, Stallworth, Tesanovich,

Nays: Rep. Frank.

Second Reading of Bills

Senate Bill No. 968, entitled

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.

Reps. Kukuk and Faunce moved to amend the bill as follows:

1. Amend page 4, following line 25, by inserting:

"Macomb county - juvenile youth home 1,000,000"

and adjusting the subtotals, totals and section 201 accordingly.

The motion did not prevail and the amendment was not adopted, a majority of the members serving not voting therefor.

Rep. Caul moved to amend the bill as follows:

1. Amend page 47, line 25, by striking out all of subsection (2), and inserting:

"(2) Funds shall not be distributed to a public broadcasting entity described in subsection (1), unless that public broadcasting entity agrees to prohibit all of the following:

(a) The rental, sale, or exchange of the name or other personally identifiable information of a contributor or a donor to any federal, state, or local candidate, political party, independent, or political committee.

(b) The disclosure of the name or other personally identifiable information of a contributor or donor to any nonaffiliated third party unless:

(i) The public broadcasting entity clearly and conspicuously discloses to the contributor or donor that such information may be disclosed to a nonaffiliated third party.

(ii) The contributor or donor is given the opportunity, before disclosure of the information, to direct that personally identifiable information not be disclosed to a nonaffiliated third party.

(iii) The contributor or donor is provided an explanation of how the contributor or donor may exercise the nondisclosure option described in subsection (ii).".

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

Rep. Caul moved to amend the bill as follows:

1. Amend page 32, following line 9, by inserting:

"(6) SPECIAL OPERATIONS

Firearm safety device grants to locals $ 1,000,000

GROSS APPROPRIATION $ 1,000,000

Appropriated from:

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

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

2. Amend page 32, line 10, by striking out "(6)" and inserting "(7)".

3. Amend page 32, line 17, by striking out "(7)" and inserting "(8)".

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

"(xx) State police, firearm safety device grants to locals (estimated amount $1,000,000.00).". and relettering the remaining subdivisions.

5. Amend page 59, following line 23, by inserting:

"Sec. 578. (1) The funds appropriated in section 121 for firearm safety device, grants to locals shall be expended to provide local units with firearm safety devices for distribution to persons residing in the grantees' respective communities. The department of state police shall establish guidelines for the distribution of firearm safety devices to local units for their distribution to firearm owners.

(2) The state shall not be liable for any injury resulting from the use of the safety device, or any injury or death resulting from the discharge of a firearm equipped with a safety device provided under this act.".

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

Rep. Pappageorge moved to amend the bill as follows:

1. Amend page 5, following line 10, by inserting:

"Department of state - iron ore museum 500,000''

and adjusting subtotals, totals, and section 201 accordingly.

2. Amend page 30, by striking out all of line 19.

3. Amend page 50, following line 17, by inserting:

"Sec. 413b. (1) From the funds appropriated in part 1, to the department of state for the iron ore museum, the department of state shall undertake a work project and make expenditures up to $500,000.00 to expand the Michigan iron industry museum in Negaunee.

(2) The purpose of this work project is to expand the exhibit space at the museum for artifact protection, additional exhibit displays, and public programming, especially for school-age children. The department of state shall accomplish its construction objective by using standard state procurement procedures and performance billings and payments. The estimated completion cost to be incurred by the department of state is $500,000.00, and the anticipated completion date is September 30, 2004.

(3) The funding appropriated for this work project shall not lapse at the end of the fiscal year but shall continue to be available for expenditure until the project is completed or the funding is depleted, whichever occurs first.".

4. Amend page 59, line 5, by striking out all of section 550.

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

Rep. Pappageorge moved to amend the bill as follows:

1. Amend page 24, following line 19, by inserting:

"(4) LEGISLATIVE COUNCIL

Legislative council $ (198,200)

GROSS APPROPRIATION $ (198,200)

Appropriated from:

State general fund/general purpose $ (198,200)

Sec. 115a. LIBRARY OF MICHIGAN

(1) APPROPRIATION SUMMARY

GROSS APPROPRIATION $ 98,200

ADJUSTED GROSS APPROPRIATION $ 98,200

State general fund/general purpose $ 98,200

(2) LIBRARY OF MICHIGAN

Operations $ 98,200

GROSS APPROPRIATION $ 98,200

Appropriated from:

State general fund/general purpose $ 98,200".

2. Amend page 30, following line 19, by inserting:

"Michigan historical center foundation challenge grant 100,000"

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

3. Amend page 52, following line 21, by inserting:

"LIBRARY OF MICHIGAN

Sec. 428. The $98,200.00 appropriated in part 1 to the library of Michigan shall be used only for hiring 2 full-time employees, a library assistant II, and a library development specialist.".

4. Amend page 59, following line 18, by inserting:

"Sec. 551. The $100,000.00 appropriated in part 1 to the department of state, for the Michigan historical center foundation challenge grant, is contingent upon the foundation providing a dollar for dollar cash match.".

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

Rep. Garcia moved to amend the bill as follows:

1. Amend page 32, following line 11, by inserting:

"Project exile coordinating commission 1,500,000"

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

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

"(xx) State police, project exile coordinating commission (estimated amount $1,500,000.00)." and relettering the remaining subdivisions.

3. Amend page 59, following line 23, following section 578, by inserting:

"Sec. 579. The funds appropriated in section 121 for the project exile coordinating commission shall be expended to provide information, training, and technical assistance to law enforcement and prosecution, to coordinate criminal prosecutions under firearms laws of this state and federal law and penalties under those laws, and to provide funding to law enforcement agencies and prosecutors in the form of grants and loans for these stated purposes. Funds may be expended to hire a sufficient number of prosecutors and support staff as deemed necessary by the commission to fulfill the purposes of the commission. Funds may be expended on programs to inform the public of the commission and its duties.".

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

Rep. Jellema moved to amend the bill as follows:

1. Amend page 44, line 26, by striking out "228,780" and inserting "228,779".

2. Amend page 46, line 2, by striking out "8,798,250" and inserting "8,798,800".

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

Rep. Vaughn moved to reconsider the vote by which the House adopted the amendments offered previously by Rep.Garcia.

The question being on the motion made by Rep. Vaughn,

Rep. Vaughn demanded the yeas and nays.

The demand was supported.

The question being on the motion made by Rep. Vaughn,

The motion did not prevail, a majority of the members present not voting therefor, by yeas and nays, as follows:

Roll Call No. 755 Yeas--47

Baird DeHart Lemmons Schauer

Basham Dennis Lockwood Schermesser

Bogardus Frank Mans Sheltrown

Bovin Gieleghem Martinez Spade

Brater Hanley Minore Stallworth

Brewer Hansen Neumann Switalski

Brown, B. Hardman O'Neil Tesanovich

Callahan Jacobs Pestka Thomas

Cherry Jamnick Prusi Vaughn

Clark, I. Kelly Quarles Wojno

Clarke, H. Kilpatrick Rison Woodward

Daniels LaForge Rivet

Nays--59

Allen Garza Koetje Richner

Birkholz Geiger Kowall Rocca

Bisbee Gilbert Kuipers Sanborn

Bishop Godchaux Kukuk Scranton

Bradstreet Gosselin LaSata Shackleton

Brown, C. Green Law Shulman

Byl Hager Mead Stamas

Cassis Hale Middaugh Tabor

Caul Hart Mortimer Toy

DeRossett Howell Pappageorge Van Woerkom

DeVuyst Jansen Patterson Vander Roest

DeWeese Jelinek Perricone Vear

Ehardt Jellema Pumford Voorhees

Faunce Johnson, Rick Raczkowski Woronchak

Garcia Julian Richardville

In The Chair: Birkholz

______

The Speaker Pro Tempore called Associate Speaker Pro Tempore Scranton to the Chair.

Rep. Faunce moved to reconsider the vote by which the House did not adopt the amendment offered previously by Reps. Kukuk and Faunce.

The question being on the motion made by Rep. Faunce,

Rep. Faunce demanded the yeas and nays.

The demand was supported.

The question being on the motion made by Rep. Faunce,

The motion did not prevail, a majority of the members present not voting therefor, by yeas and nays, as follows:

Roll Call No. 756 Yeas--18

Bradstreet Garcia Lockwood Stallworth

Byl Gieleghem Patterson Switalski

Callahan Godchaux Rocca Voorhees

Ehardt Kukuk Sanborn Wojno

Faunce Law

Nays--86

Allen DeWeese Koetje Richardville

Baird Garza Kowall Richner

Basham Geiger Kuipers Rison

Birkholz Gilbert LaForge Rivet

Bisbee Gosselin LaSata Schermesser

Bishop Green Lemmons Scranton

Bogardus Hager Mans Shackleton

Bovin Hale Mead Sheltrown

Brater Hanley Middaugh Shulman

Brewer Hansen Minore Spade

Brown, B. Hardman Mortimer Stamas

Brown, C. Hart Neumann Tabor

Cassis Howell O'Neil Tesanovich

Caul Jacobs Pappageorge Thomas

Cherry Jamnick Perricone Toy

Clark, I. Jansen Pestka Van Woerkom

Clarke, H. Jelinek Price Vander Roest

Daniels Jellema Prusi Vaughn

DeHart Johnson, Rick Pumford Vear

Dennis Julian Quarles Woodward

DeRossett Kelly Raczkowski Woronchak

DeVuyst Kilpatrick

In The Chair: Scranton

Rep. Woronchak moved to amend the bill as follows:

1. Amend page 31, line 10, by striking out all of subsection (2) and inserting:

"(2) CENTRAL RECORDS

Full-time equated classified positions 3.0

Central records division--3.0 FTE positions $ 750,000

Law enforcement information technology projects 3,100,000

GROSS APPROPRIATION $ 3,850,000

Appropriated from:

Federal revenues:

Total federal revenues 300,000

State general fund/general purpose $ 3,550,000"

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

2. Amend page 41, following line 11, by inserting:

"(vv) State police, central records division (estimated amount $750,000.00)." and relettering the remaining subdivisions.

3. Amend page 59, following line 23, by inserting:

"Sec. 576. The funds appropriated in section 121 for the central records division shall be expended for the purposes of conducting criminal history background checks on persons applying through the department of consumer and industry services for a license to operate a child care organization, or a certificate of registration to operate a family day care home, and persons applying through the family independence agency to become an enrolled day care aide or an enrolled relative care provider.".

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

______

Rep. Lemmons moved that Rep. Reeves be excused temporarily from today's session.

The motion prevailed.

Rep. Frank moved to amend the bill as follows:

1. Amend page 32, following line 9, by inserting:

"(6) SPECIAL OPERATIONS

Canine Unit $ 250,000

GROSS APPROPRIATION $ 250,000

Appropriated from:

State general fund/general purpose $ 250,000"

adjusting the subtotals, totals, and section 201 accordingly; and renumbering the remaining subsections.

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

"(xx) State police, canine unit (estimated amount $250,000)." 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. 757 Yeas--55

Baird Frank Lemmons Rocca

Basham Garza Lockwood Schauer

Bogardus Gieleghem Mans Schermesser

Bovin Hale Martinez Shackleton

Brater Hanley Minore Sheltrown

Brewer Hansen Neumann Spade

Brown, B. Hardman O'Neil Stallworth

Callahan Jacobs Pestka Switalski

Cherry Jamnick Price Tesanovich

Clark, I. Julian Prusi Thomas

Clarke, H. Kelly Quarles Vaughn

Daniels Kilpatrick Richardville Wojno

DeHart Kowall Rison Woodward

Dennis LaForge Rivet

Nays--52

Allen Faunce Johnson, Rick Raczkowski

Birkholz Garcia Koetje Richner

Bisbee Geiger Kuipers Sanborn

Bishop Gilbert Kukuk Scranton

Bradstreet Godchaux LaSata Shulman

Brown, C. Gosselin Law Stamas

Byl Green Mead Tabor

Cassis Hager Middaugh Toy

Caul Hart Mortimer Van Woerkom

DeRossett Howell Pappageorge Vander Roest

DeVuyst Jansen Patterson Vear

DeWeese Jelinek Perricone Voorhees

Ehardt Jellema Pumford Woronchak

In The Chair: Scranton

Rep. Frank moved to amend the bill as follows:

1. Amend page 32, following line 11, by inserting:

"Internet crime unit 1,200,000"

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

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

"(xx) State police, internet crime unit (estimated amount $1,200,000)." and relettering the remaining subdivisions.

3. Amend page 59, following line 23, by inserting:

"Sec. 576. The funds appropriated in section 121 for the Internet crime unit shall be used to establish such a unit within the department of state police.".

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. 758 Yeas--55

Baird Faunce LaForge Rivet

Basham Frank Lemmons Rocca

Bogardus Garza Lockwood Schauer

Bovin Gieleghem Mans Schermesser

Brater Hager Martinez Sheltrown

Brewer Hale Minore Spade

Brown, B. Hanley Neumann Stallworth

Callahan Hansen O'Neil Switalski

Cherry Hardman Pestka Tesanovich

Clark, I. Jacobs Price Thomas

Clarke, H. Jamnick Prusi Vaughn

Daniels Julian Quarles Wojno

DeHart Kelly Richardville Woodward

Dennis Kilpatrick Rison

Nays--48

Allen Garcia Koetje Raczkowski

Bisbee Geiger Kuipers Richner

Bishop Gilbert Kukuk Sanborn

Bradstreet Godchaux LaSata Scranton

Brown, C. Gosselin Law Shulman

Byl Green Mead Stamas

Cassis Hart Middaugh Tabor

Caul Howell Mortimer Toy

DeRossett Jansen Pappageorge Van Woerkom

DeVuyst Jelinek Patterson Vander Roest

DeWeese Jellema Perricone Vear

Ehardt Johnson, Rick Pumford Voorhees

In The Chair: Scranton

Rep. Frank moved to amend the bill as follows:

1. Amend page 31, line 10, by striking out all of subsection (2) and adjusting the subtotals, totals, and section 201 accordingly.

2. Amend page 41, line 12, by striking out all of subdivision (vv) 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. 759 Yeas--45

Basham Dennis LaForge Rivet

Bogardus Frank Lemmons Schauer

Bovin Garza Lockwood Schermesser

Brater Gieleghem Mans Sheltrown

Brewer Hale Minore Stallworth

Brown, B. Hansen Neumann Switalski

Callahan Hardman O'Neil Tesanovich

Cherry Jacobs Price Thomas

Clark, I. Jamnick Prusi Vaughn

Clarke, H. Kelly Quarles Wojno

Daniels Kilpatrick Rison Woodward

DeHart

Nays--54

Allen Geiger Kuipers Sanborn

Birkholz Gilbert Kukuk Scranton

Bisbee Godchaux LaSata Shackleton

Bishop Gosselin Law Shulman

Bradstreet Hager Mead Spade

Brown, C. Hart Middaugh Stamas

Cassis Howell Mortimer Tabor

Caul Jansen Pappageorge Toy

DeRossett Jelinek Patterson Van Woerkom

DeVuyst Jellema Pumford Vander Roest

DeWeese Johnson, Rick Raczkowski Vear

Ehardt Julian Richner Voorhees

Faunce Koetje Rocca Woronchak

Garcia Kowall

In The Chair: Scranton

Rep. Jansen moved to amend the bill as follows:

1. Amend page 2, following line 23, by inserting:

"Agriculture development initiatives $ 5,000,000".

2. Amend page 3, following line 1, by inserting:

"Uncollected allowance recovery fund 5,000,000"

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

3. Amend page 43, following line 4, by inserting:

"Sec. 304. Of the funds appropriated in part 1 for agriculture development initiatives, the department shall expend funds for local grant promotions for agricultural value initiatives from the uncollectible allowance recovery fund pursuant to rule 35(3) of the Michigan administrative code, being R 460.2135.".

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

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

1. Amend page 25, line 7, by striking out "9,600,000" and inserting "13,600,000" and adjusting the subtotals, totals, and section 201 accordingly.

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

Rep. Martinez moved to amend the bill as follows:

1. Amend page 55, line 8, by striking out all of subsection (10), and inserting:

"(10) Fifteen days prior to award of the funds, notification shall be provided to the speaker of the house of representatives, the senate majority leader, the members of the house and senate appropriations committees, and the house and senate fiscal agencies.".

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

Rep. Godchaux moved to amend the bill as follows:

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

"Regional emergency operations mobile command post 50,000".

2. Amend page 41, following line 20, by inserting:

"(aaa) Consumer and industry services, regional emergency operations mobile command post (estimated amount ($50,000.00).".

3. Amend page 50, following line 24, by inserting:

"CONSUMER AND INDUSTRY SERVICES

Sec. 44a. The appropriation in part 1 for the regional emergency operations mobile command post shall be distributed to the Oakland county sheriff's department and shall be matched on an equal dollar for dollar basis.".

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

Rep. Godchaux demanded the yeas and nays.

The demand was supported.

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

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

Roll Call No. 760 Yeas--32

Bishop Garza LaForge Quarles

Brater Gieleghem Law Rison

Cassis Godchaux Lockwood Shulman

Caul Gosselin Martinez Stallworth

Cherry Hansen Minore Switalski

Clarke, H. Jacobs Pappageorge Tesanovich

DeRossett Jamnick Price Thomas

Frank Kowall Prusi Woodward

Nays--73

Allen Faunce Kuipers Rocca

Baird Garcia Kukuk Sanborn

Basham Geiger LaSata Schauer

Birkholz Gilbert Lemmons Schermesser

Bisbee Green Mans Scranton

Bogardus Hager Mead Shackleton

Bovin Hale Middaugh Sheltrown

Bradstreet Hardman Mortimer Spade

Brewer Hart Neumann Stamas

Brown, B. Howell O'Neil Tabor

Brown, C. Jansen Patterson Toy

Byl Jelinek Pestka Van Woerkom

Callahan Jellema Pumford Vander Roest

Clark, I. Johnson, Rick Raczkowski Vaughn

Daniels Julian Reeves Vear

DeHart Kelly Richardville Voorhees

DeVuyst Kilpatrick Richner Wojno

DeWeese Koetje Rivet Woronchak

Ehardt

In The Chair: Scranton

______

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

The motion prevailed.

Reps. Faunce and Switalski moved to amend the bill as follows:

1. Amend page 22, following line 16, by inserting:

"(8) JUVENILE JUSTICE SERVICES

County juvenile justice facility renovation pool $ 10,000,000

GROSS APPROPRIATION $ 10,000,000

Appropriated from:

State general fund/general purpose $ 10,000,000"

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

2. Amend page 52, following line 2, by inserting:

"Sec. 419. From the funds appropriated in part 1, the family independence agency shall expend $10,000,000.00 to establish a grant pool to fund renovation projects in county juvenile justice facilities.".

The question being on the adoption of the amendments offered by Reps. Faunce and Switalski,

Rep. Faunce demanded the yeas and nays.

The demand was supported.

The question being on the adoption of the amendments offered by Reps. Faunce and Switalski,

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

Roll Call No. 761 Yeas--65

Baird Frank Law Sanborn

Basham Garza Lemmons Schauer

Bogardus Gieleghem Lockwood Schermesser

Bovin Godchaux Mans Shackleton

Brater Hager Minore Sheltrown

Brewer Hale Neumann Spade

Brown, B. Hansen O'Neil Stallworth

Callahan Hardman Pestka Switalski

Caul Howell Price Tesanovich

Cherry Jacobs Prusi Thomas

Clark, I. Jamnick Quarles Toy

Clarke, H. Julian Reeves Van Woerkom

Daniels Kelly Richardville Vaughn

DeHart Kilpatrick Rison Voorhees

Dennis Kowall Rivet Wojno

Ehardt LaForge Rocca Woodward

Faunce

Nays--38

Allen DeWeese Koetje Raczkowski

Birkholz Garcia Kuipers Richner

Bisbee Geiger LaSata Scranton

Bishop Gilbert Mead Shulman

Bradstreet Gosselin Middaugh Stamas

Brown, C. Green Mortimer Tabor

Byl Hart Pappageorge Vander Roest

Cassis Jelinek Patterson Vear

DeRossett Jellema Pumford Woronchak

DeVuyst Johnson, Rick

In The Chair: Scranton

Rep. Prusi moved to amend the bill as follows:

1. Amend page 34, following line 23, by inserting:

"Supplemental revenue sharing payments-counties 322,000".

2. Amend page 34, line 26, by striking out "1,200,000" and inserting "1,522,000" and adjusting the subtotals, totals, and section 201 accordingly.

3. Amend page 41, following line 20, by inserting:

"(aaa) Treasury, supplemental revenue sharing payments-counties (estimated amount $322,000).".

4. Amend page 61, following line 5, by inserting:

"Sec. 703. The appropriation in part 1 for supplemental revenue sharing payments-counties will be distributed to counties whose 2000 population is less then the counties 1990 population according to the United States bureau of the census. Each county who experiences this population decline shall be eligible to receive a supplemental payment equal to the difference between the amount of fiscal year 2000-2001 total revenue sharing payments the county would have received utilizing their 1990 population and the amount of revenue sharing payments the county received in the fiscal year 2000-2001 pursuant to the Glenn Steil state revenue sharing act of 1971, 1971 PA 140, MCL 141.901 to 141.921. The department of treasury shall reduce these supplemental payments proportionally if the amount appropriated in part1 is insufficient to fully fund these payments. The supplemental payments to eligible counties shall be distributed by September 30, 2001.".

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

Rep. Prusi demanded the yeas and nays.

The demand was supported.

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

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

Roll Call No. 762 Yeas--50

Baird Dennis Lockwood Schauer

Basham Frank Mans Schermesser

Bogardus Garza Martinez Shackleton

Bovin Gieleghem Minore Sheltrown

Brater Hale Neumann Spade

Brewer Hansen Pestka Stallworth

Brown, B. Hardman Price Tesanovich

Callahan Jacobs Prusi Thomas

Cherry Jamnick Quarles Vaughn

Clark, I. Kelly Reeves Wojno

Clarke, H. Kilpatrick Rison Woodward

Daniels LaForge Rivet Woronchak

DeHart Lemmons

Nays--53

Allen Garcia Julian Richardville

Birkholz Geiger Koetje Richner

Bisbee Gilbert Kowall Rocca

Bishop Godchaux Kuipers Sanborn

Bradstreet Gosselin Kukuk Scranton

Brown, C. Green LaSata Shulman

Byl Hager Law Stamas

Cassis Hart Mead Tabor

Caul Howell Middaugh Toy

DeRossett Jansen Mortimer Van Woerkom

DeVuyst Jelinek Pappageorge Vander Roest

DeWeese Jellema Patterson Vear

Ehardt Johnson, Rick Pumford Voorhees

Faunce

In The Chair: Scranton

Rep. Frank moved to amend the bill as follows:

1. Amend page 32, following line 18, by inserting:

"Grant to Michigan commission on law enforcement standards 750,000"

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

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

Rep. Vander Roest moved to amend the bill as follows:

1. Amend page 50, following line 17, following section 413b, by inserting:

"Sec. 413c. The funds appropriated in part 1, for the Kalamazoo aviation history museum shall only be expended if Michigan is selected as the project site."

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

Rep. Byl moved to amend the bill as follows:

1. Amend page 20, following line 13, by inserting:

"(3) GRANTS

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

GROSS APPROPRIATION $ 50,000

Appropriated from:

State general fund/general purpose $ 50,000"

and adjusting the subtotals, totals and section 201 accordingly.

2. Amend page 51, following line 9, by inserting:

"DEPARTMENT OF ENVIRONMENTAL QUALITY

Sec. 416. The appropriation in part 1 for the volunteer river, stream, and creek cleanup program shall be granted for river debris cleanup projects conducted in the year 2000. The local matching requirement in section 8802(4) of the natural resources and environmental protection act, 1994 PA 451, MCL 324.8802, may be satisfied by local contributions, landfill fee credits, and donated equipment.".

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 29, following line 20, by inserting:

"City of Taylor/heritage park 100,000

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

The motion did not prevail and the amendment was not adopted, a majority of the members serving not voting therefor.

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

1. Amend page 61, following line 3, by inserting:

"Sec. 603. It is the intent of the legislature to review, prior to beginning construction, all build Michigan III projects approved by the department to be funded with state transportation revenues. No later than October 31, 2000, the department shall report to the senate and house of representatives appropriations subcommittees on transportation and the senate and house fiscal agencies the following information regarding those build Michigan III projects approved by the department to be funded, in whole or in part, from state transportation revenues:

(a) Project description.

(b) Total project costs.

(d) The amount of local match, if any.".

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

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

1. Amend page 43, following line 4, by inserting:

"Sec. 303. Of the funds appropriated for food safety and quality assurance, the department shall allocate funding to provide a system that will provide the following:

(a) Establish inspection priorities based upon current risk knowledge.

(b) Provide for automatic data capture and uploading at the field level, eliminating the need for duplicative data entry.

(d) Provide a centralized complaint reporting and tracking system that will be phased in as funding becomes available.

(e) Provide web-based information for consumer access.

(f) Provide critical enforcement data for oversight and uniformity.".

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

Rep. LaForge moved to amend the bill as follows:

1. Amend page 28, line 16, by striking out "18,000" and inserting, "50,000,000" and adjusting the subtotals, totals, and section 201 accordingly.

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

Rep. LaForge demanded the yeas and nays.

The demand was supported.

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

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

Roll Call No. 763 Yeas--54

Baird Dennis Lemmons Rivet

Basham Frank Lockwood Schauer

Birkholz Garza Mans Schermesser

Bogardus Gieleghem Middaugh Shackleton

Bovin Gilbert Minore Sheltrown

Brater Green Neumann Spade

Brown, B. Hale O'Neil Stallworth

Byl Hanley Pestka Switalski

Callahan Hansen Price Tesanovich

Cherry Hardman Prusi Thomas

Clark, I. Jacobs Quarles Vaughn

Clarke, H. Jamnick Reeves Wojno

Daniels Kelly Rison Woodward

DeHart LaForge

Nays--45

Allen Hager LaSata Sanborn

Bisbee Hart Law Scranton

Bishop Howell Mead Shulman

Bradstreet Jansen Mortimer Stamas

Brown, C. Jelinek Pappageorge Tabor

Cassis Jellema Patterson Toy

Caul Johnson, Rick Pumford Van Woerkom

DeVuyst Julian Raczkowski Vander Roest

DeWeese Koetje Richardville Vear

Faunce Kuipers Richner Voorhees

Geiger Kukuk Rocca Woronchak

Gosselin

In The Chair: Scranton

______

The Speaker Pro Tempore resumed the Chair.

Rep. Vander Roest moved that Rep. Garcia be excused temporarily from today's session.

The motion prevailed.

Rep. LaForge moved to amend the bill as follows:

1. Amend page 28, line 16, by striking out "18,000" and inserting, "100,000,000" and adjusting the subtotals, totals, and section 201 accordingly.

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

Rep. LaForge demanded the yeas and nays.

The demand was supported.

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

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

Roll Call No. 764 Yeas--55

Baird Frank LaForge Rivet

Basham Garza Lemmons Schauer

Bogardus Gieleghem Lockwood Schermesser

Bovin Gilbert Mans Shackleton

Brater Green Martinez Sheltrown

Brown, B. Hager Middaugh Spade

Byl Hale Minore Stallworth

Callahan Hanley Neumann Switalski

Cherry Hansen O'Neil Tesanovich

Clark, I. Hardman Pestka Thomas

Clarke, H. Jacobs Price Vaughn

Daniels Jamnick Prusi Wojno

DeHart Kelly Reeves Woodward

Dennis Kilpatrick Rison

Nays--49

Allen Geiger Kuipers Rocca

Birkholz Godchaux Kukuk Sanborn

Bisbee Gosselin LaSata Scranton

Bishop Hart Law Shulman

Bradstreet Howell Mead Stamas

Brown, C. Jansen Mortimer Tabor

Cassis Jelinek Pappageorge Toy

Caul Jellema Patterson Van Woerkom

DeRossett Johnson, Rick Pumford Vander Roest

DeVuyst Julian Raczkowski Vear

DeWeese Koetje Richardville Voorhees

Ehardt Kowall Richner Woronchak

Faunce

In The Chair: Birkholz

Rep. Jansen moved to amend the bill as follows:

1. Amend page 21, line 24, following "fund" by striking out "grants".

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

Rep. Jansen moved to amend the bill as follows:

1. Amend page 51, line 15, after "financing" by inserting "shall not be made until 30 days after notifying the chairs of the house and senate appropriations subcommittees on the family independence agency budget and house and senate fiscal agencies, and".

2. Amend page 51, line 16, after "authorization." by striking out the balance of the section.

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

Rep. Frank moved to amend the bill as follows:

1. Amend page 59, following line 23, following section 579, by inserting:

"Sec. 580. Expenditures for new criminal justice information technology initiatives, from the funds appropriated for law enforcement information technology project in part 1, shall be consistent with the standards and guidelines of the criminal justice information systems policy council for integrated and inter-operable criminal justice information systems.".

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

Rep. Kowall moved to amend the bill as follows:

1. Amend page 32, following line 4, by inserting:

"Firearms safety and awareness 150,000"

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

2. Amend page 41, following line 15, following subdivision (xx), by inserting:

"(aaa) State police, firearms safety and awareness (estimated amount $150,000.00)." and relettering the remaining subdivisions.

3. Amend page 59, following line 23, by inserting:

"Sec. 577. The funds appropriated in section 121 for firearms safety and awareness shall be expended by the department of state police, in collaboration with the Michigan state university school of criminal justice, to develop a curriculum for K-12 students on gun awareness and safety and to train 400 police officers to deliver the curriculum to school-age youth. The gun safety curriculum shall include teaching children to prevent gun accidents by instructing them to "stop, don't touch, leave the area, and tell an adult" should a child encounter a gun. The curriculum shall not include instruction on how to use a gun.".

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

Rep. Kowall demanded the yeas and nays.

The demand was supported.

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

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

Roll Call No. 765 Yeas--101

Allen Frank Kuipers Rison

Baird Garza Kukuk Rivet

Basham Geiger LaForge Rocca

Birkholz Gieleghem LaSata Sanborn

Bisbee Gilbert Law Schauer

Bishop Godchaux Lemmons Schermesser

Bogardus Green Lockwood Scranton

Bovin Hager Mans Shackleton

Bradstreet Hale Martinez Sheltrown

Brater Hanley Mead Shulman

Brewer Hansen Middaugh Spade

Brown, B. Hardman Minore Stamas

Brown, C. Hart Mortimer Switalski

Byl Howell Neumann Tabor

Callahan Jacobs O'Neil Tesanovich

Cassis Jamnick Pappageorge Thomas

Caul Jansen Patterson Toy

Cherry Jelinek Pestka Van Woerkom

Clark, I. Jellema Price Vander Roest

Clarke, H. Johnson, Rick Prusi Vaughn

DeHart Julian Pumford Vear

Dennis Kelly Raczkowski Voorhees

DeRossett Kilpatrick Reeves Wojno

DeVuyst Koetje Richardville Woodward

DeWeese Kowall Richner Woronchak

Faunce

Nays--0

In The Chair: Birkholz

Rep. Clarke moved to amend the bill as follows:

1. Amend page 43, following line 4, by inserting:

"Sec. 303. Funds appropriated in part 1 of 1999 PA 112 for Michigan state fair operations or part 1 of this act shall not be used to facilitate the operation of a motor vehicle racing track at the Michigan state fairgrounds in the largest city of a charter county as of 2000.".

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,

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

Roll Call No. 766 Yeas--50

Baird Garza Lemmons Reeves

Basham Gieleghem Lockwood Rison

Birkholz Gilbert Mans Rivet

Bogardus Godchaux Martinez Schauer

Brater Hager Middaugh Schermesser

Brewer Hale Minore Sheltrown

Brown, B. Hansen Neumann Spade

Clark, I. Hardman Patterson Switalski

Clarke, H. Jacobs Pestka Thomas

Daniels Jamnick Price Vaughn

DeHart Jelinek Quarles Woodward

Dennis Kuipers Raczkowski Woronchak

Faunce LaForge

Nays--54

Allen Frank Koetje Sanborn

Bisbee Garcia Kowall Scranton

Bishop Geiger Kukuk Shackleton

Bovin Gosselin LaSata Shulman

Bradstreet Green Mead Stallworth

Brown, C. Hanley Mortimer Stamas

Byl Hart O'Neil Tabor

Cassis Howell Pappageorge Tesanovich

Caul Jansen Prusi Toy

Cherry Jellema Pumford Van Woerkom

DeRossett Johnson, Rick Richardville Vander Roest

DeVuyst Julian Richner Vear

DeWeese Kelly Rocca Voorhees

Ehardt Kilpatrick

In The Chair: Birkholz

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

The motion prevailed.

By unanimous consent the House returned to the order of

Messages from the Senate

The Senate returned, in accordance with the request of the House

Senate Bill No. 965, entitled

A bill to make appropriations for the department of corrections and certain state purposes related to corrections for the fiscal year ending September 30, 2001; to provide for the expenditure of the appropriations; to provide for reports; to provide for the creation of certain advisory committees and boards; to prescribe certain powers and duties of the department of corrections, certain other state officers and agencies, and certain advisory committees and boards; to provide for the collection of certain funds; and to provide for the disposition of fees and other income received by certain state agencies.

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. 782, entitled

A bill to regulate the ownership, possession, and care of certain large carnivores; to prohibit the ownership and possession of certain large carnivores; to impose fees; to prescribe the powers and duties of certain governmental entities and officials; 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. Law moved to substitute (H-4) the bill.

The motion prevailed and the substitute (H-4) was adopted, a majority of the members serving voting therefor.

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. 782, entitled

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

Roll Call No. 767 Yeas--98

Allen Ehardt Koetje Rivet

Baird Faunce Kowall Rocca

Basham Frank Kuipers Sanborn

Birkholz Garcia Kukuk Schauer

Bisbee Geiger LaForge Schermesser

Bogardus Gieleghem LaSata Shackleton

Bovin Gilbert Law Sheltrown

Bradstreet Godchaux Lockwood Shulman

Brater Gosselin Martinez Spade

Brewer Hager Mead Stallworth

Brown, B. Hale Middaugh Stamas

Brown, C. Hanley Minore Switalski

Byl Hansen Neumann Tabor

Callahan Hardman O'Neil Tesanovich

Cassis Hart Patterson Thomas

Caul Howell Pestka Toy

Cherry Jacobs Price Van Woerkom

Clark, I. Jamnick Prusi Vander Roest

Clarke, H. Jansen Pumford Vaughn

Daniels Jelinek Quarles Vear

DeHart Jellema Raczkowski Voorhees

Dennis Johnson, Rick Reeves Wojno

DeRossett Julian Richardville Woodward

DeVuyst Kelly Rison Woronchak

DeWeese Kilpatrick

Nays--1

Bishop

In The Chair: Birkholz

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

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

The motion prevailed.

The House agreed to the title as amended.

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. 705, entitled

A bill to regulate the ownership, possession, and care of certain wolf-dog crosses; to prohibit the ownership and possession of certain wolf-dog crosses; to impose fees; to prescribe the powers and duties of certain governmental entities and officials; 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. Law moved to substitute (H-4) the bill.

The motion prevailed and the substitute (H-4) was adopted, a majority of the members serving voting therefor.

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. Woodward moved that Rep. Lemmons be excused temporarily from today's session.

The motion prevailed.

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

The motion prevailed.

Rep. Vander Roest moved that Reps. Pappageorge and Hart 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. 705, entitled

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

Roll Call No. 768 Yeas--88

Allen DeWeese Koetje Rocca

Baird Faunce LaForge Sanborn

Basham Frank LaSata Schauer

Bisbee Garcia Law Schermesser

Bogardus Garza Lockwood Scranton

Bovin Geiger Mans Shackleton

Brater Gieleghem Martinez Shulman

Brewer Godchaux Mead Spade

Brown, B. Green Middaugh Stallworth

Brown, C. Hager Neumann Stamas

Byl Hale O'Neil Switalski

Callahan Hansen Patterson Tabor

Cassis Hardman Pestka Tesanovich

Caul Howell Price Thomas

Cherry Jacobs Prusi Toy

Clark, I. Jamnick Pumford Van Woerkom

Clarke, H. Jelinek Quarles Vander Roest

Daniels Jellema Raczkowski Vaughn

DeHart Johnson, Rick Reeves Vear

Dennis Julian Richardville Wojno

DeRossett Kelly Richner Woodward

DeVuyst Kilpatrick Rivet Woronchak

Nays--11

Birkholz Gilbert Kowall Sheltrown

Bishop Gosselin Kuipers Voorhees

Bradstreet Jansen Kukuk

In The Chair: Birkholz

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 regulate the ownership, possession, and care of certain wolf-dog crosses; to prohibit the ownership and possession of certain wolf-dog crosses; to prohibit the false advertising of certain canids as wolf-dog crosses; to impose fees; to prescribe the powers and duties of certain governmental entities and officials and of certain veterinarians; and to prescribe penalties and provide remedies.

The motion prevailed.

The House agreed to the title as amended.

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

House Bill No. 5243, entitled

A bill to amend 1990 PA 187, entitled "The pupil transportation act," by amending section 55 (MCL 257.1855), as amended by 1991 PA 184.

Was read a second time, and the question being on the adoption of the proposed substitute (H-2) previously recommended by the Committee on Education,

The substitute (H-2) was adopted, a majority of the members serving voting therefor.

Rep. Thomas 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. LaSata moved that Rep. Kukuk be excused temporarily from today's session.

The motion prevailed.

By unanimous consent the House returned to the order of

Third Reading of Bills

House Bill No. 5243, entitled

A bill to amend 1990 PA 187, entitled "The pupil transportation act," by amending section 55 (MCL 257.1855), as amended by 1991 PA 184.

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

Roll Call No. 769 Yeas--87

Allen DeWeese Kowall Rivet

Baird Ehardt LaForge Rocca

Basham Faunce LaSata Sanborn

Birkholz Garcia Law Schauer

Bisbee Garza Lockwood Schermesser

Bogardus Geiger Mans Shackleton

Bradstreet Gieleghem Martinez Sheltrown

Brater Gilbert Mead Spade

Brewer Green Middaugh Stallworth

Brown, B. Hager Minore Stamas

Brown, C. Hale Mortimer Switalski

Callahan Hansen Neumann Tabor

Cassis Hardman O'Neil Tesanovich

Caul Howell Patterson Toy

Cherry Jacobs Perricone Van Woerkom

Clark, I. Jamnick Pestka Vaughn

Clarke, H. Jansen Price Vear

Daniels Jelinek Prusi Voorhees

DeHart Johnson, Rick Pumford Wojno

Dennis Julian Reeves Woodward

DeRossett Kelly Richardville Woronchak

DeVuyst Kilpatrick Richner

Nays--8

Bishop Gosselin Koetje Shulman

Godchaux Jellema Kuipers Vander Roest

In The Chair: Birkholz

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 amend 1990 PA 187, entitled "The pupil transportation act," by amending section 55 (MCL 257.1855), as amended by 2000 PA 49.

The motion prevailed.

The House agreed to the title as amended.

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

House Bill No. 5672, entitled

A bill to amend 1964 PA 170, entitled "An act to make uniform the liability of municipal corporations, political subdivisions, and the state, its agencies and departments, officers, employees, and volunteers thereof, and members of certain boards, councils, and task forces when engaged in the exercise or discharge of a governmental function, for injuries to property and persons; to define and limit this liability; to define and limit the liability of the state when engaged in a proprietary function; to authorize the purchase of liability insurance to protect against loss arising out of this liability; to provide for defending certain claims made against public officers and paying damages sought or awarded against them; to provide for the legal defense of public officers and employees; to provide for reimbursement of public officers and employees for certain legal expenses; and to repeal certain acts and parts of acts," (MCL 691.1401 to 691.1415) by adding section 7a.

Was read a second time, and the question being on the adoption of the proposed substitute (H-2) previously recommended by the Committee on Family and Civil Law,

The substitute (H-2) was adopted, a majority of the members serving voting therefor.

Rep. LaSata moved to amend the bill as follows:

1. Amend page 2, line 15, after "DISPUTE" by inserting a comma and "OR IF THE ACTS OR SERVICES PERFORMED CONSTITUTE A PROPRIETARY FUNCTION".

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

Rep. Raczkowski moved to amend the bill as follows:

1. Amend page 2, following line 12, by inserting:

"(2) THIS SECTION DOES NOT APPLY IF AN AGREEMENT BETWEEN A PRIVATE ENTITY AND A POLICE OFFICER OR GOVERNMENTAL AGENCY COVERING AN ACT OR SERVICE OF THE POLICE OFFICER OR GOVERNMENTAL AGENCY INCLUDES A PROVISION THAT INDEMNIFIES OR OTHERWISE HOLDS HARMLESS THE PRIVATE ENTITY FOR AN ACT OR OMISSION OF THE POLICE OFFICER OR GOVERNMENTAL AGENCY." and renumbering the remaining subsections.

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

Rep. Richner 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. 5672, entitled

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

Roll Call No. 770 Yeas--98

Allen Ehardt Kowall Richner

Baird Faunce Kuipers Rivet

Basham Frank Kukuk Rocca

Birkholz Garcia LaForge Sanborn

Bisbee Garza LaSata Schauer

Bishop Geiger Lockwood Schermesser

Bogardus Gieleghem Mans Scranton

Bovin Gilbert Martinez Shackleton

Bradstreet Godchaux Mead Sheltrown

Brater Gosselin Middaugh Shulman

Brewer Green Minore Spade

Brown, B. Hager Mortimer Stamas

Brown, C. Hale Neumann Switalski

Byl Hansen O'Neil Tabor

Callahan Hart Pappageorge Tesanovich

Cassis Howell Patterson Thomas

Caul Jacobs Perricone Toy

Clark, I. Jamnick Pestka Van Woerkom

Clarke, H. Jansen Price Vander Roest

Daniels Jelinek Prusi Vear

DeHart Jellema Pumford Voorhees

Dennis Johnson, Rick Quarles Wojno

DeRossett Julian Raczkowski Woodward

DeVuyst Kelly Richardville Woronchak

DeWeese Koetje

Nays--6

Hardman Lemmons Stallworth Vaughn

Kilpatrick Reeves

In The Chair: Birkholz

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

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

The motion prevailed.

The House agreed to the title as amended.

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. 661, entitled

A bill to amend 1949 PA 300, entitled "Michigan vehicle code," (MCL 257.1 to 257.923) by amending the title, as amended by 1991 PA 98, and by adding section 710g.

The bill was read a second time.

Rep. Geiger moved to amend the bill as follows:

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

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

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

The motion prevailed.

Rep. Allen moved that Rep. Rick Johnson be excused temporarily from today's session.

The motion prevailed.

Associate Speaker Pro Tempore Scranton resumed the Chair.

By unanimous consent the House returned to the order of

Third Reading of Bills

Senate Bill No. 661, entitled

A bill to amend 1949 PA 300, entitled "Michigan vehicle code," (MCL 257.1 to 257.923) by amending the title, as amended by 1991 PA 98, and by adding section 710g.

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

Roll Call No. 771 Yeas--104

Allen Ehardt Kowall Richardville

Baird Faunce Kuipers Richner

Basham Frank Kukuk Rivet

Birkholz Garcia LaForge Rocca

Bisbee Geiger LaSata Sanborn

Bishop Gieleghem Law Schauer

Bogardus Gilbert Lemmons Schermesser

Bovin Godchaux Lockwood Scranton

Bradstreet Gosselin Mans Shackleton

Brater Green Martinez Sheltrown

Brewer Hager Mead Shulman

Brown, B. Hale Middaugh Spade

Brown, C. Hanley Minore Stallworth

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 Vear

Dennis Julian Pumford Voorhees

DeRossett Kelly Quarles Wojno

DeVuyst Kilpatrick Raczkowski Woodward

DeWeese Koetje Reeves Woronchak

Nays--0

In The Chair: Scranton

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

"An act to provide for the registration, titling, sale, transfer, and regulation of certain vehicles operated upon the public highways of this state or any other place open to the general public or generally accessible to motor vehicles and distressed vehicles; to provide for the licensing of dealers; to provide for the examination, licensing, and control of operators and chauffeurs; to provide for the giving of proof of financial responsibility and security by owners and operators of vehicles; to provide for the imposition, levy, and collection of specific taxes on vehicles, and the levy and collection of sales and use taxes, license fees, and permit fees; to provide for the regulation and use of streets and highways; to create certain funds; to provide penalties and sanctions for a violation of this act; to provide for civil liability of owners and operators of vehicles and service of process on residents and nonresidents; to provide for the levy of certain assessments; to provide for the enforcement of this act; to provide for the creation of and to prescribe the powers and duties of certain state and local agencies; to repeal all other acts or parts of acts inconsistent with this act or contrary to this act; and to repeal certain parts of this act on a specific date,".

The House agreed to the full title.

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

The House returned to the consideration of

Senate Bill No. 968, entitled

(The bill was considered earlier today, see today's journal, p. 1677.)

Rep. Gosselin moved to amend the bill as follows:

1. Amend page 2, line 18, by striking out "14,500,000" and inserting "4,350,000" and adjusting the subtotals, totals, and section 201 accordingly.

2. Amend page 2, line 23, by striking out "250,000" and inserting "75,000" and adjusting the subtotals, totals, and section 201 accordingly.

3. Amend page 4, line 14, by striking out "44,989,800" and inserting "13,497,000" and adjusting the subtotals, totals, and section 201 accordingly.

4. Amend page 4, line 16, by striking out "8,798,800" and inserting "2,640,000" and adjusting the subtotals, totals, and section 201 accordingly.

5. Amend page 4, line 18, by striking out "2,213,000" and inserting "664,000" and adjusting the subtotals, totals, and section 201 accordingly.

6. Amend page 4, line 23, by striking out "10,000,000" and inserting "3,000,000" and adjusting the subtotals, totals, and section 201 accordingly.

7. Amend page 4, line 25, by striking out "1,600,000" and inserting "480,000" and adjusting the subtotals, totals, and section 201 accordingly.

8. Amend page 5, line 4, by striking out "5,000,000" and inserting "1,500,000" and adjusting the subtotals, totals, and section 201 accordingly.

9. Amend page 5, line 5, by striking out "5,000,000" and inserting "1,500,000" and adjusting the subtotals, totals, and section 201 accordingly.

10. Amend page 5, line 6, by striking out "5,000,000" and inserting "1,500,000" and adjusting the subtotals, totals, and section 201 accordingly.

11. Amend page 5, line 8, by striking out "15,904,800" and inserting "4,771,000" and adjusting the subtotals, totals, and section 201 accordingly.

12. Amend page 5, line 10, by striking out "6,500,000" and inserting "1,950,000" and adjusting the subtotals, totals, and section 201 accordingly.

13. Amend page 11, line 14, by striking out "28,300,000" and inserting "8,490,000" and adjusting the subtotals, totals, and section 201 accordingly.

14. Amend page 11, line 21, by striking out "407,700" and inserting "122,300" and adjusting the subtotals, totals, and section 201 accordingly.

15. Amend page 13, line 9, by striking out "10,000,000" and inserting "3,000,000" and adjusting the subtotals, totals, and section 201 accordingly.

16. Amend page 13, line 10, by striking out "10,000,000" and inserting "3,000,000" and adjusting the subtotals, totals, and section 201 accordingly.

17. Amend page 14, line 17, by striking out "1,200,000" and inserting "360,000" and adjusting the subtotals, totals, and section 201 accordingly.

18. Amend page 16, line 3, by striking out "749,000" and inserting "225,000" and adjusting the subtotals, totals, and section 201 accordingly.

19. Amend page 16, line 11, by striking out "300,000" and inserting "90,000" and adjusting the subtotals, totals, and section 201 accordingly.

20. Amend page 17, line 7, by striking out "1,000,000" and inserting "300,000" and adjusting the subtotals, totals, and section 201 accordingly.

21. Amend page 17, line 8, by striking out "2,000,000" and inserting "600,000" and adjusting the subtotals, totals, and section 201 accordingly.

22. Amend page 17, line 18, by striking out "1,377,200" and inserting "413,000" and adjusting the subtotals, totals, and section 201 accordingly.

23. Amend page 19, line 18, by striking out "220,000" and inserting "66,000" and adjusting the subtotals, totals, and section 201 accordingly.

24. Amend page 21, line 10, by striking out "(8,000,000)" and inserting "(2,400,000)" and adjusting the subtotals, totals, and section 201 accordingly.

25. Amend page 21, line 11, by striking out "8,000,000" and inserting "2,400,000" and adjusting the subtotals, totals, and section 201 accordingly.

26. Amend page 21, line 13, by striking out "1,000,000" and inserting "300,000" and adjusting the subtotals, totals, and section 201 accordingly.

27. Amend page 21, line 24, by striking out "13,145,200" and inserting "3,943,600" and adjusting the subtotals, totals, and section 201 accordingly.

28. Amend page 22, line 6, by striking out "18,813,200" and inserting "5,644,000" and adjusting the subtotals, totals, and section 201 accordingly.

29. Amend page 23, line 22, by striking out "2,300,000" and inserting "690,000" and adjusting the subtotals, totals, and section 201 accordingly.

30. Amend page 23, line 23, by striking out "250,000" and inserting "75,000" and adjusting the subtotals, totals, and section 201 accordingly.

31. Amend page 24, line 16, by striking out "400,000" and inserting "120,000" and adjusting the subtotals, totals, and section 201 accordingly.

32. Amend page 25, line 7, by striking out "9,600,000" and inserting "2,880,000" and adjusting the subtotals, totals, and section 201 accordingly.

33. Amend page 25, line 8, by striking out "350,000" and inserting "105,000" and adjusting the subtotals, totals, and section 201 accordingly.

34. Amend page 26, line 6, by striking out "50,000,000" and inserting "15,000,000" and adjusting the subtotals, totals, and section 201 accordingly.

35. Amend page 26, line 16, by striking out "500,000" and inserting "150,000" and adjusting the subtotals, totals, and section 201 accordingly.

36. Amend page 26, line 21, by striking out "400,000" and inserting "120,000" and adjusting the subtotals, totals, and section 201 accordingly.

37. Amend page 27, line 20, by striking out "17,000,000" and inserting "5,100,000" and adjusting the subtotals, totals, and section 201 accordingly.

38. Amend page 28, line 11, by striking out "850,000" and inserting "255,000" and adjusting the subtotals, totals, and section 201 accordingly.

39. Amend page 29, line 2, by striking out "1,500,000" and inserting "450,000" and adjusting the subtotals, totals, and section 201 accordingly.

40. Amend page 29, line 15, by striking out "4,500,000" and inserting "1,350,000" and adjusting the subtotals, totals, and section 201 accordingly.

41. Amend page 30, line 13, by striking out "395,200" and inserting "118,500" and adjusting the subtotals, totals, and section 201 accordingly.

42. Amend page 30, line 18, by striking out "300,000" and inserting "90,000" and adjusting the subtotals, totals, and section 201 accordingly.

43. Amend page 30, line 19, by striking out "500,000" and inserting "150,000" and adjusting the subtotals, totals, and section 201 accordingly.

44. Amend page 31, line 11, by striking out "3,100,000" and inserting "930,000" and adjusting the subtotals, totals, and section 201 accordingly.

45. Amend page 31, line 22, by striking out "197,000" and inserting "59,000" and adjusting the subtotals, totals, and section 201 accordingly.

46. Amend page 34, following line 16, by inserting:

"Grants to taxpayers $ 225,000,000"

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

47. Amend page 34, line 23, by striking out "1,200,000" and inserting "360,000" and adjusting the subtotals, totals, and section 201 accordingly.

48. Amend page 37, line 21, by striking out all of section 211 and inserting:

"Sec. 211. The unexpended portions of the appropriations in part 1 for the departments and agencies listed in this section are considered work project appropriations. The projects will be accomplished by the use of department personnel and contracting with private consultants with estimated completion dates of September 30, 2002. The projects are as follows:

(a) Agriculture, bovine tuberculosis programs (estimated amount $4,350,000.00).

(b) Agriculture, fairs and expositions/horse racing grants/office of racing commission (estimated amount $1,307,300.00).

(d) Capital outlay, Detroit zoological park (estimated amount $3,000,000.00).

(e) Capital outlay, Niles state police post/public safety complex (estimated amount $1,950,000.00).

(f) Capital outlay, Kalamazoo aviation history museum (estimated amount $1,500,000.00).

(g) Capital outlay, southwest Michigan innovations center (estimated amount $1,500,000.00).

(h) Career development, focus: HOPE (estimated amount $3,000,000.00).

(i) Career development, community service alliance (estimated amount $3,000,000.00).

(j) Civil rights, staffing replacement plan (estimated amount $1,000,000.00).

(k) Civil service, HRMN fiscal year 2000 needs (estimated amount $360,000.00).

(l) Community health, QHP encounter data system (estimated amount $4,200,000.00).

(m) Community health, bovine tuberculosis programs (estimated amount $225,000.00).

(n) Community health, health insurance data automation (estimated amount $7,000,000.00).

(o) Community health, child car seat program (estimated amount $90,000.00).

(p) Community health, Wayne county juvenile health services (estimated amount $4,455,300.00).

(q) Consumer and industry services, fire and emergency training center (estimated amount $300,000.00).

(r) Consumer and industry services, regional EMS training center (estimated amount $600,000.00).

(s) Corrections, 800 MHz radios (estimated amount $413,000.00).

(t) Education, troops for teachers (estimated amount $40,000.00).

(u) Education, reading plan for Michigan (estimated amount $2,250,000.00).

(v) Education, NAEP test incentives (estimated amount $66,000.00).

(w) Education, refugee children school impact grant (estimated amount $950,000.00).

(x) Education, study of teacher preparation (estimated amount $240,000.00).

(y) Family independence agency, food stamp reinvestment (estimated amount $5,644,000.00).

(z) Family independence agency, p.c. upgrades (3 years) (estimated amount $15,000,000.00).

(aa) Family independence agency, teen pregnancy reduction project (estimated amount $20,000,000.00).

(bb) Family independence agency, family opportunity project (estimated amount $50,000,000.00).

(cc) Family independence agency community services block grants (estimated amount $300,000.00).

(dd) Higher education, Michigan merit awards (estimated amount $11,200,000.00).

(ee) Judiciary, trial court improvements (estimated amount $690,000.00).

(ff) Judiciary, implementation of commercial motor vehicle legislation (estimated amount $1,650,000.00).

(gg) Judiciary, 27th district court (estimated amount $75,000.00).

(hh) Management and budget, e-Michigan (estimated amount $23,200,000.00).

(ii) Management and budget, arts and cultural grants (estimated amount $2,880,000.00).

(jj) Management and budget, council of state governments annual meeting expenses (estimated amount $105,000.00).

(kk) Management and budget, EFT/vendor enrollment (estimated amount $2,000,000.00).

(ll) Management and budget, census and redistricting (estimated amount $500,000.00).

(mm) Military affairs, Vietnam veterans memorial (estimated amount $150,000.00).

(nn) Military affairs, Grand Rapids veterans' home (estimated amount $120,000.00).

(oo) Natural resources, bovine tuberculosis programs (estimated amount $1,350,000.00).

(pp) Natural resources, general law enforcement (estimated amount $450,000.00).

(qq) Natural resources, forest fire protection (estimated amount $255,000.00).

(rr) Natural resources, fisheries resource management (estimated amount $960,000.00).

(ss) Natural resources, Dober mine settlement project (estimated amount $312,000.00).

(tt) Natural resources, tribal fishing settlement (estimated amount $5,100,000.00).

(uu) State, branch computer upgrade (estimated amount $208,500.00).

(vv) State police, information technology (estimated amount $930,000.00).

(ww) State police, 911 priority projects (estimated amount $837,000.00).

(xx) Transportation, bus capital (estimated amount $29,100,000.00).

(yy) Transportation, freight preservation and development (estimated amount $600,000.00).

(zz) Treasury, MEAP test development (estimated amount $1,000,000.00).".

49. Amend page 44, line 23, by striking out all of sections 402, 403, 404, 405, and 406.

50. Amend page 50, line 20, after "coordination," by striking out "$300,000.00" and inserting "$90,000.00".

51. Amend page 59, line 21, after "government," by striking out "$197,000.00" and inserting "$59,000.00".

52. Amend page 61, following line 19, by inserting:

"Sec. 703. From the funds appropriated in part 1 for grants to taxpayers, the department shall grant those funds equally to each individual who filed an income tax return under the income tax act of 1967, 1967 PA 281, MCL 206.1 to 206.532, for the 1999 tax year, and to the dependents of that individual, on a per capita basis.".

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

Rep. Gosselin demanded the yeas and nays.

The demand was supported.

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

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

Roll Call No. 772 Yeas--36

Baird DeHart Kelly Rocca

Bisbee Dennis Kilpatrick Schermesser

Bishop DeVuyst Kowall Shulman

Brewer Garza Lemmons Thomas

Brown, B. Gieleghem Mans Vander Roest

Cassis Gosselin Pappageorge Voorhees

Caul Green Patterson Wojno

Clark, I. Hardman Raczkowski Woodward

Clarke, H. Julian Reeves Woronchak

Nays--59

Allen Geiger LaForge Rivet

Basham Gilbert LaSata Sanborn

Birkholz Godchaux Lockwood Schauer

Bovin Hager Martinez Scranton

Bradstreet Hale Mead Shackleton

Brater Hanley Middaugh Sheltrown

Brown, C. Hansen Minore Stallworth

Byl Howell Mortimer Stamas

Callahan Jacobs O'Neil Switalski

Cherry Jamnick Perricone Tabor

DeRossett Jansen Price Tesanovich

DeWeese Jelinek Prusi Toy

Ehardt Jellema Pumford Van Woerkom

Faunce Kuipers Richardville Vear

Garcia Kukuk Richner

In The Chair: Scranton

Rep. Raczkowski moved to reconsider the vote by which the House did not adopt the amendments offered by Rep. Gosselin.

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

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

The amendments were not adopted, a majority of the members serving not voting therefor.

______

The Speaker Pro Tempore resumed the Chair.

Rep. Kelly moved to amend the bill as follows:

1. Amend page 42, following line 13, by inserting:

"Sec. 215. Reduce all general fund line items by 65% up to 250,000,000.00 of the savings realized shall be appropriated to the school aid fund.".

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

Roll Call No. 773 Yeas--41

Baird Daniels Kelly Rivet

Basham DeHart Kilpatrick Schermesser

Bogardus Dennis LaForge Sheltrown

Bovin Frank Lemmons Stallworth

Brater Gieleghem Lockwood Switalski

Brewer Hale Mans Tesanovich

Brown, B. Hansen Minore Thomas

Callahan Hardman Price Wojno

Cherry Jacobs Quarles Woodward

Clark, I. Jamnick Reeves Woronchak

Clarke, H.

Nays--54

Allen Garcia Kowall Rocca

Birkholz Geiger Kuipers Sanborn

Bisbee Gilbert Kukuk Scranton

Bishop Godchaux LaSata Shackleton

Bradstreet Gosselin Mead Shulman

Brown, C. Green Middaugh Spade

Byl Hager Mortimer Stamas

Cassis Hart Pappageorge Tabor

Caul Howell Patterson Toy

DeRossett Jansen Perricone Van Woerkom

DeVuyst Jellema Raczkowski Vander Roest

DeWeese Johnson, Rick Richardville Vear

Ehardt Julian Richner Voorhees

Faunce Koetje

In The Chair: Birkholz

Rep. Scranton moved to amend the bill as follows:

1. Amend page 50, following line 17, by inserting:

"Sec. 413b. Of the funds appropriated in part 1 to the public safety communications system, the project scope shall include the use of $1,000,000.00 to ensure that the entire region bounded by the I-96, M-36, M-59, and US-23 highways be provided full coverage by the system of 800 megahertz towers.".

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

Rep. Scranton demanded the yeas and nays.

The demand was supported.

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

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

Roll Call No. 774 Yeas--13

Basham Hale Kowall Scranton

Brown, B. Hansen Lockwood Switalski

Callahan Julian Rocca Thomas

Godchaux

Nays--87

Allen Frank Kukuk Reeves

Birkholz Garcia LaForge Richardville

Bisbee Geiger LaSata Richner

Bishop Gieleghem Law Rivet

Bogardus Gilbert Lemmons Sanborn

Bovin Gosselin Mans Schauer

Bradstreet Green Martinez Shackleton

Brater Hager Mead Sheltrown

Brewer Hanley Middaugh Shulman

Brown, C. Hardman Minore Spade

Byl Hart Mortimer Stamas

Cassis Howell Neumann Tabor

Caul Jacobs O'Neil Tesanovich

Cherry Jamnick Pappageorge Toy

Clark, I. Jansen Patterson Van Woerkom

Clarke, H. Jelinek Perricone Vander Roest

Dennis Jellema Pestka Vear

DeRossett Johnson, Rick Price Voorhees

DeVuyst Kelly Prusi Wojno

DeWeese Kilpatrick Pumford Woodward

Ehardt Koetje Quarles Woronchak

Faunce Kuipers Raczkowski

In The Chair: Birkholz

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. Raczkowski 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. 968, entitled

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

Roll Call No. 775 Yeas--99

Allen Faunce Kukuk Richner

Baird Frank LaForge Rivet

Basham Garcia LaSata Rocca

Birkholz Geiger Law Sanborn

Bisbee Gieleghem Lemmons Schauer

Bishop Gilbert Lockwood Schermesser

Bogardus Godchaux Mans Scranton

Bovin Green Martinez Shackleton

Bradstreet Hager Mead Sheltrown

Brater Hale Middaugh Shulman

Brown, B. Hansen Minore Spade

Brown, C. Hardman Mortimer Stallworth

Byl Hart Neumann Switalski

Callahan Howell O'Neil Tabor

Caul Jacobs Pappageorge Tesanovich

Cherry Jamnick Patterson Thomas

Clark, I. Jansen Perricone Toy

Clarke, H. Jelinek Pestka Van Woerkom

Daniels Jellema Price Vander Roest

DeHart Johnson, Rick Prusi Vear

Dennis Julian Pumford Voorhees

DeRossett Kelly Quarles Wojno

DeVuyst Kilpatrick Raczkowski Woodward

DeWeese Koetje Reeves Woronchak

Ehardt Kowall Richardville

Nays--4

Cassis Gosselin Kuipers Stamas

In The Chair: Birkholz

______

Rep. Raczkowski moved that House Committees be given leave to meet during the balance of today's session.

The motion prevailed.

By unanimous consent the House returned to the order of

Motions and Resolutions

Reps. DeWeese, Mead, Cassis, Howell, Voorhees, Kowall, Julian, Koetje, Bishop, DeRossett, Switalski, Birkholz, Ehardt, Raczkowski, Bradstreet, Bogardus, Spade, Hansen, Vaughn, Martinez, Jellema, Richardville, Rocca, Lockwood, Jamnick, Wojno, Bovin, Gosselin, Callahan, Caul, Tabor, Middaugh, Cherry, Faunce, Woronchak, Shulman, Thomas, Shackleton, Toy, Hardman, Allen, Vander Roest, Neumann, Kelly, Schauer, Brater, DeHart, Baird, Clarke, Jacobs, Schermesser, Garza, Hale, Van Woerkom, Garcia, Vear, Scranton and Mortimer offered the following resolution:

House Resolution No. 371.

A resolution to honor state workers by declaring September 6, 2000, as State Employee Appreciation Day in the State of Michigan.

Whereas, Public service is a noble calling which has great dignity and deserves a place of honor and appreciation. State workers are more than office clerks and administrators of government bureaus. They are the custodians of our most noble ambitions. On a daily basis they help protect our environment, uphold our civil rights, build safer communities, and protect our most vulnerable residents; and

Whereas, State of Michigan employees are among our best educated and most dedicated professionals. Their motivation for entering public service springs from a desire to make life better for all members of the community. Their legacy is not one of personal wealth or power, but of daily service and an enduring commitment to ensure a safer, more decent, and higher quality of life for all; and

Whereas, The ambition to serve others deserves the recognition and appreciation of all Michigan residents. Our state employees deserve to be thanked for their efforts in making Michigan one of the best states in the nation to call home; now, therefore, be it

Resolved by the House of Representatives, That members of this Legislative body join together in honoring Michigan's state employees by declaring September 6, 2000 as State Employee Appreciation Day.

Pending the reference of the resolution to a committee,

Rep. Raczkowski moved that Rule 77 be suspended and the resolution be considered at this time.

The motion prevailed, 3/5 of the members present voting therefor.

The question being on the adoption of the resolution,

The resolution was adopted.

Reps. Hanley, Cassis, Howell, Voorhees, Julian, Rivet, DeRossett, Switalski, Birkholz, Ehardt, Bogardus, Spade, Hansen, Vaughn, Martinez, Richardville, Rocca, Lockwood, Jamnick, Gieleghem, Wojno, Dennis, Minore, Bovin, Callahan, Cherry, Faunce, Shulman, Thomas, Hardman, Neumann, Kelly, Schauer, Brater, DeHart, Quarles, Baird, Clarke, Jacobs, Garza, Reeves, Hale, Van Woerkom, Garcia, Vear, Scranton and Mortimer offered the following resolution:

House Resolution No. 372.

A resolution honoring Arthur Hill High School and Memorial Stadium.

Whereas, It is with great pleasure we commend the students, teachers, staff, and parents of Arthur Hill High School upon the rededication of their football stadium honoring the memory of those Arthur Hill students who gave their lives for their country. This recognition is a well-earned milestone symbolic of innovation, planning, and the personal commitment of many people who believe in the importance of recognizing and remembering those who bravely fought for freedom; and

Whereas, It is with thanks for all the time, hard work, and sacrifices they have contributed to the protection of our state and nation that we salute those Arthur Hill High School students who made the ultimate sacrifice for our nation; and

Whereas, Superintendent Dr. Foster Gibbs, Principal John Paine, and all the good parents of Arthur Hill High School realize that a key part of achieving great results is by expecting great results. We thank those involved for their dedication and their vision in building such a fine stadium for Arthur Hill High School, one whose beauty and design still ranks it among the state's outstanding high school sports facilities; now, therefore, be it

Resolved by the House of Representatives, That the members of this legislative body congratulate the students, teachers, staff, and parents of Arthur Hill High School as they receive honors for the rededication of Arthur Hill Memorial Stadium. We look forward to the continuation of this excellent record; and be it further

Resolved, That a copy of this resolution be transmitted to Arthur Hill High School as a token of our esteem.

Pending the reference of the resolution to a committee,

Rep. Raczkowski moved that Rule 77 be suspended and the resolution be considered at this time.

The motion prevailed, 3/5 of the members present voting therefor.

The question being on the adoption of the resolution,

The resolution was adopted.

Reps. Cassis, Mead, Voorhees, Kowall, Julian, Koetje, Bishop, DeRossett, Switalski, Birkholz, Ehardt, Raczkowski, Bradstreet, Bogardus, Spade, Hansen, Vaughn, Martinez, Jellema, Richardville, Rocca, Jamnick, Gieleghem, Wojno, Gosselin, Caul, Tabor, Cherry, Faunce, Woronchak, Shulman, Shackleton, Toy, Allen, Vander Roest, Kelly, Brater, Baird, Clarke, Jacobs, DeVuyst, Reeves, Hale, Van Woerkom, Garcia, Vear, Scranton and Mortimer offered the following resolution:

House Resolution No. 373.

A resolution honoring Novi High School on their selection as a national Blue Ribbon school.

Whereas, It is indeed a pleasure to join with the students, parents, staff, administrators, and Board of Education in recognition of Novi High School's selection as one of the most exemplary secondary schools in the nation. On behalf of the people of this community, we thank everyone who has contributed to this success. Clearly, their diligent and conscientious efforts have made a difference; and

Whereas, After continued accomplishments as one of the top secondary schools in the State of Michigan, Novi High School has received the national credit it so richly deserves. Novi High School is one of 178 middle and high schools selected by the United States Department of Education to receive the Blue Ribbon honor. This award is a symbol of Novi High School's outstanding teaching, high student achievement, supportive learning environment, and positive relationship with the community. These impressive achievements of Novi High School have made it most deserving of this recognition; and

Whereas, The United States Department of Education cited Novi High School's revised curriculum and block schedule, along with extra and co-curricular activities, as factors worthy of Blue Ribbon recognition. Novi High School's commitment to excellence and wealth of opportunities available to students also made it stand out as one of the premier schools in the nation. The students, staff, and parents have established a strong partnership at the school and this teamwork has certainly contributed to this outstanding achievement. We salute everyone's efforts and thank them for making this honor possible; now, therefore, be it

Resolved by the House of Representatives, That we commend and congratulate Novi High School as one of the 178 middle and high schools in the United States selected for Blue Ribbon recognition; and be it further

Resolved, That a copy of this resolution be transmitted to Novi High School and its members as a reflection of our congratulations.

Pending the reference of the resolution to a committee,

Rep. Raczkowski moved that Rule 77 be suspended and the resolution be considered at this time.

The motion prevailed, 3/5 of the members present voting therefor.

The question being on the adoption of the resolution,

The resolution was adopted.

Reps. Cassis, Mead, Voorhees, Kowall, Julian, Koetje, Bishop, DeRossett, Switalski, Birkholz, Ehardt, Raczkowski, Bradstreet, Spade, Hansen, Vaughn, Richardville, Rocca, Jamnick, Gieleghem, Wojno, Gosselin, Tabor, Middaugh, Cherry, Faunce, Woronchak, Shulman, Shackleton, Toy, Allen, Kelly, Brater, DeHart, Baird, Clarke, Jacobs, DeVuyst, Reeves, Hale, Van Woerkom, Garcia, Vear and Mortimer offered the following resolution:

House Resolution No. 374.

A resolution to honor Kenneth and Ruth O'Rear on the celebration of their 50th Wedding Anniversary.

Whereas, It is a distinct honor to join with the family and friends of Kenneth and Ruth O'Rear of Novi, Michigan, as they celebrate their 50th wedding anniversary. As they gather to mark this milestone in their lives, it is most appropriate to commend them for the manner in which their strong relationship has enhanced the lives of all those fortunate enough to know these two extraordinary people; and

Whereas, On October 7, 2000, the O'Rears will celebrate the vows they spoke long ago at Saint Peter's in Kansas City, Missouri. In the years since, they have been renewing these vows every day, not by words, but by the commitment they make in their deeds in coping with the challenges of life and the joys of this world. As the O'Rears would quickly affirm, no marriage can reach the milestone of 50 years without this constant devotion and renewal; and

Whereas, The center point of their 50 years of marriage is their family to whom they have given countless gifts. To their five children and eight grandchildren, they have given their time by putting three boys through travel hockey and staying constantly involved in the lives of their family. The O'Rears can take pride in other accomplishments as well. Through Ruth's work at the Novi Public Library and Kenneth's thirty-eight years with the Ford Motor Company, their marriage has allowed them to reach out in countless ways to their community. We who congratulate them on this special anniversary can take to heart the model they have established for a strong and enduring marriage and, by example, showing us the way to share our talents with others; now, therefore, be it

Resolved by the House of Representatives, That we congratulate Kenneth and Ruth O'Rear as they mark their 50th wedding anniversary. May they continue to grow closer to one another with each passing day; and be it further

Resolved, That a copy of this resolution be transmitted to Kenneth and Ruth O'Rear as a reflection of our acclamation.

Pending the reference of the resolution to a committee,

Rep. Raczkowski moved that Rule 77 be suspended and the resolution be considered at this time.

The motion prevailed, 3/5 of the members present voting therefor.

The question being on the adoption of the resolution,

The resolution was adopted.

Reps. Bovin, Mead, Cassis, Voorhees, Kowall, Julian, Koetje, Rivet, DeRossett, Switalski, Birkholz, Ehardt, Raczkowski, Bradstreet, Bogardus, Spade, Hansen, Vaughn, Martinez, Jellema, Richardville, Rocca, Lockwood, Jamnick, Gieleghem, Wojno, Dennis, Minore, Gosselin, Callahan, Caul, Tabor, Middaugh, Cherry, Faunce, Woronchak, Shulman, Thomas, Shackleton, Hardman, Vander Roest, Neumann, Kelly, Schauer, Brater, DeHart, Baird, Clarke, Jacobs, Schermesser, Garza, Hale, Van Woerkom, Garcia, Vear, Scranton, Mortimer and Hanley offered the following resolution:

House Resolution No. 375.

A resolution designating June 14, 2000, as the United States Army's 225th Birthday and declaring the period from June 12-18, 2000, as United States Army Week.

Whereas, As the 225th Birthday of the United States Army approaches, we exhort all citizens to join in this salute as we express our gratitude to those who have served and those who are now serving to protect our nation and its freedoms; and

Whereas, The United States Army was established by the First Continental Congress on the 14th day of June, 1775. This elite group of men and women exist to defend the freedom of our citizens and our nation's security interests. Many citizens of Michigan have served their nation in the United States Army and have given the ultimate sacrifice in defense for our freedom; and

Whereas, It is proper to recognize the United States Army annually on its birthday, and to thank those who have served and those who are presently serving; now, therefore, be it

Resolved by the House of Representatives, That the members of this legislative body designate June 14, 2000, as the United States Army's 225th Birthday and declare the period from June 12-18, 2000, as United States Army Week.

Pending the reference of the resolution to a committee,

Rep. Raczkowski moved that Rule 77 be suspended and the resolution be considered at this time.

The motion prevailed, 3/5 of the members present voting therefor.

The question being on the adoption of the resolution,

The resolution was adopted.

Reps. Vander Roest, Mead, Cassis, Howell, Voorhees, Kowall, Julian, Koetje, Bishop, DeRossett, Switalski, Birkholz, Ehardt, Raczkowski, Bradstreet, Spade, Vaughn, Richardville, Rocca, Jamnick, Wojno, Gosselin, Caul, Middaugh, Cherry, Faunce, Woronchak, Shulman, Toy, Allen, Kelly, Brater, DeHart, Baird, Clarke, Jacobs, DeVuyst, Hale, VanWoerkom, Garcia, Vear, Mortimer and Hanley offered the following resolution:

House Resolution No. 376.

A resolution recognizing and commemorating the many contributions of Gene Autry, Roy Rogers, Rex Allen, Sr., and Dale Evans to country music as the last of the "singing cowboys".

Whereas, Gene Autry, known as "America's Favorite Cowboy", was born on September 29, 1907 in Tioga, Texas. At age 16, Autry worked as a baggage hauler at the depot. He later became a telegrapher on the Fisco Railroad, where Will Rogers heard him singing to himself. Impressed with his ability to sing, Rogers encouraged him to go into the music business; and

Whereas, Gene Autry traveled to New York with the idea of making a phonograph record, where he was told to get radio experience. Later he filled a spot on KVOO in Tulsa as "Oklahoma's Yodeling Cowboy." A year later, Gene returned to New York and recorded That Silver Haired Daddy of Mine. As a singing cowboy, he attracted contracts to appear in movies such as Old Santa Fe with Ken Maynard. It is claimed that Gene Autry's movies drew an audience averaging 40 million people, who attended 10,000 theaters in the U.S. and Canada; and

Whereas, Roy Rogers known internationally as the "King of the Cowboys", was born in 1911 in Cincinnati, Ohio under the name Leonard Slye. He began his music career in 1930. Rogers performed with the O-Bar-O Cowboys and in 1933 he formed the music group called, Pioneer Trio which in 1934 became the Sons of the Pioneers. This group's first studio session was for Decca Records, where they recorded Tumbling Tumbleweeds, a trademark song; and

Whereas, His first movie contract as a singing cowboy was with Republic Pictures in 1937. He used his given name, Len Slye, until 1938 when he changed it to Roy Rogers. Having appeared in more than 100 films throughout his entire career, Roy also starred in 87 musical westerns for Republic Pictures. For 12 consecutive years, in the 1940s and 1950s, he was the number one western movie box office star. He also had his own television specials on NBC. On radio, his shows aired on more than 500 stations and was heard by more than 20 million people. Walt Disney Productions later produced an album, entitled "Partners", where nine of the fourteen great cowboy songs were from Roy's other recorded labels. He is the only performer to be elected to the Country Music Hall of Fame, twice. Roy Rogers also has four stars on the Hollywood Walk of Fame; and

Whereas, Dale Evans, born in Uvalde, Texas on October 31, 1912 under the name, Frances Octavia Smith. Dale worked for an insurance claims adjuster who gave her an opportunity to sing popular music and play the piano on a local radio show. She later left the radio show to sing at WHAS in Louisville, Kentucky where she changed her name to Dale Evans. Later she moved to Dallas, Texas where she was a band singer on WFAA's show called The Early Birds. Dale continued to sing with dance bands and ended up as a staff singer on WBBM, CBS Chicago; and

Whereas, Dale Evans moved to Hollywood to appear on 20th Century Fox and NBC's The Chase and Sanborn Hour on the Edgar Bergen Show. Hearing her sing, Republic Pictures signed a contract with Evans. Later she appeared on Roy Rogers Western Musical Series for 26 pictures. Roy Rogers and Dale Evans were married on New Year's Eve in 1947. In addition to singing and acting, Dale wrote 28 books. Dale Evans also has three stars on the Hollywood Walk of Fame and in 1996 was inducted into the National Cowgirl Hall of Fame; and

Whereas, Rex Allen, known as the "Last of the silver screen cowboys", was also known by some as a skinny, cross-eyed kid called Elvie. He was born in Wilcox, Arizona on December 31, 1920. Growing up in Wilcox, Elvie would play country tunes on a Sears Roebuck guitar at a barbershop, where folks receiving hair cuts would toll dimes and nickels to hear him sing cowboy tunes. His heroes were cowboys like Gene Autry and Roy Rogers. By the age of 12, he began accompanying his father on guitar at local dances and fiddle contests. He soon got into show business and people recognized his potential; and

Whereas, While in Chicago, Rex went to an eye clinic to have his eyes corrected. After his successful surgery, his income went from $50 to $1,500 a week. He made the "Big Time" as a highly successful country and western singer and then as a celebrity in western films. Rex's horse, Koko the Wonder Horse, was in every movie that he made; and

Whereas, Each of these four entertainers were truly pioneers in the entertainment profession. Personifying all that was good, they gave kids a positive image to live up to. Their wholesome and high moral standards in a profession that is often tainted with violence and negative images is worth more than any type of recognition or honor; and

Whereas, Gene Autry, Roy Rogers, Rex Allen, Sr., and Dale Evans are real American success stories coming from varied backgrounds and childhoods. They left a legacy whereby each will be remembered for promoting and reflecting the values and traditions of America, touching the lives of millions. Each can be recognized for their own personal achievements. Yet their similar interest in country western entertainment is what places them together in a league of their own--the last of the "Singing Cowboys"; now, therefore, be it

Resolved by the House of Representatives, That this legislative body recognize and commemorate the many contributions of Gene Autry, Roy Rogers, Rex Allen, Sr., and Dale Evans.

Pending the reference of the resolution to a committee,

Rep. Raczkowski moved that Rule 77 be suspended and the resolution be considered at this time.

The motion prevailed, 3/5 of the members present voting therefor.

The question being on the adoption of the resolution,

The resolution was adopted.

Reps. Brewer, Brater, Schauer, Bovin, Kelly, Thomas, Bob Brown, Vaughn, Stallworth, Lockwood, Callahan, Wojno, Hansen, Jamnick, Minore, Gieleghem, Dennis, Garza, Clark, Lemmons, Hardman, Sheltrown, Frank, Pestka, Switalski, Neumann, Rivet, LaForge, DeHart, Prusi, Schermesser, Hale, Bogardus, Spade, Martinez, Baird, Clarke and Jacobs offered the following resolution:

House Resolution No. 377.

A resolution to amend the Standing Rules of the House of Representatives.

Resolved by the House of Representatives, That Rule 35 of the Standing Rules of the House of Representatives be hereby amended to read as follows:

"Names and Number of Members.

Rule 35. (a) All standing committees shall be appointed by the Speaker except where the House shall otherwise order.

(b) The standing committees of the House and the number of Members shall be as follows:

1. Agriculture and Resource Management (17)

2. Appropriations (27)

3. Conservation and Outdoor Recreation (15)

4. Constitutional Law and Ethics (9)

5. Criminal Law and Corrections (11)

6. Economic Development (9)

7. Education (17)

8. Employment Relations, Training and Safety (7)

9. Energy and Technology (21)

10. Family and Children Services (9)

11. Family and Civil Law (11)

12. Gaming and Casino Oversight (9)

13. Great Lakes and Tourism (17)

14. Health Policy (17)

15. House Oversight and Operations (7)

16. House Television and Oversight (6)

17. Insurance and Financial Services (21)

18. Local Government and Urban Policy (11)

19. MENTAL HEALTH (9)

19 20. Regulatory Reform (9)

20 21. Senior Health, Security and Retirement (11)

21 22. Tax Policy (17)

22 23. Transportation (17)

23 24. Veterans Affairs (7)

Statutory Standing Committees:

1. Administrative Rules (5)

2. House Fiscal Agency (6)

3. Legislative Council (6)

4. Legislative Retirement (4)

5. Michigan Capitol Committee (4)

(c) Any Member of any committee who is absent from attendance at any such committee meetings for three committee meetings, unless excused from attendance by the committee according to Rule 36, shall be automatically dropped from membership on such committee, and the committee automatically reduced unless the Speaker of the House shall fill such vacancy. Each committee clerk shall keep a record of attendance at all committee meetings, and shall make a written report to the office of the Clerk of the House showing the names of those present, the names of those absent, and the names of those excused from attendance, which shall be entered upon the journal of the House. When a Member has been absent for three meetings of a committee without proper excuse, the Clerk of the House shall report the name of such Member, together with the dates of said meetings, to the Speaker of the House, and advise the Member of such action. The Speaker of the House shall then fill such vacancy by appointing a Member to the committee.

(d) The daily journal of the House shall report the roll call on all motions to report bills, joint resolutions and reorganization orders. (See Const 1963, Art 4 § 17)

(e) Committees shall adopt a meeting schedule at the commencement of each term which shall be printed in the journal of the House. Additional meetings may be called by the Chair or by a majority of the Members in writing to the Clerk of the House. The Chair may cancel any scheduled meeting, except one called by a majority of the Members, by notice to the Members."

The resolution was referred to the Committee on House Oversight and Operations.

Reps. DeVuyst, Middaugh, Mead, Cassis, Voorhees, Kowall, Julian, Koetje, Bishop, Rivet, DeRossett, Switalski, Birkholz, Ehardt, Raczkowski, Bradstreet, Bogardus, Spade, Hansen, Vaughn, Martinez, Richardville, Rocca, Jamnick, Gieleghem, Wojno, Bovin, Gosselin, Callahan, Caul, Tabor, Cherry, Faunce, Woronchak, Shulman, Shackleton, Hardman, Allen, Vander Roest, Kelly, Brater, DeHart, Baird, Clarke, Jacobs, Schermesser, Hale, Van Woerkom, Garcia, Vear, Scranton and Mortimer offered the following resolution:

House Resolution No. 378.

A resolution observing September 18-24, 2000, as Pollution Prevention Week.

Whereas, Pollution prevention is being promoted as a priority in achieving environmental quality in the state of Michigan in a week of observance, education, and outreach; and

Whereas, The people of Michigan are proud of our state's beauty, natural resources, and environment; and

Whereas, The presence of pollutants may pose a threat to our environment, public health, and safety. Pollution prevention is a fundamental approach to protect the environment and maintain the health and safety of workers in the workplace by stopping pollution before it occurs. It can benefit businesses by increasing industrial efficiency through process and material waste reduction, thereby saving businesses time and money. With a proactive approach to pollution prevention, Michigan can meet the challenges of having both a sustainable environment and healthy economy for its citizens and businesses; and

Whereas, The passage of the Clean Michigan Initiative Bond Fund has provided valuable new funding for pollution prevention activities and will result in a greater citizen awareness and support for pollution prevention throughout the state; and

Whereas, Pollution Prevention Week is an opportunity for the people of Michigan to join together for a clean vibrant Michigan by taking action in promoting the reduction of waste at its source of generation and identifying where this is not feasible on reuse and recycling; now, therefore, be it

Resolved by the House of Representatives, That we observe September 18-24, 2000, as Pollution Prevention Week in Michigan, and we encourage all businesses and community members to participate in local and regional celebratory and educational activities; and be it further

Resolved, That a copy of this resolution be transmitted to the organizers of this event as evidence of our respect and esteem.

Pending the reference of the resolution to a committee,

Rep. Raczkowski moved that Rule 77 be suspended and the resolution be considered at this time.

The motion prevailed, 3/5 of the members present voting therefor.

The question being on the adoption of the resolution,

The resolution was adopted.

Reps. Lockwood, Rivet, Gieleghem, Minore, Bogardus, Neumann, Schermesser, DeHart, Dennis, O'Neil, Woodward, Callahan, Schauer, Jacobs, Vaughn, Spade, Thomas, Jamnick, Rison, Switalski, Mans, Cassis, Voorhees, Julian, Birkholz, Ehardt, Raczkowski, Hansen, Martinez, Richardville, Rocca, Wojno, Bovin, Caul, Cherry, Shulman, Shackleton, Hardman, Vander Roest, Kelly, Brater, Baird, Clarke, Garza, Reeves, Hale, Van Woerkom, Garcia, Scranton, Mortimer, Clark and Hanley offered the following resolution:

House Resolution No. 379.

A resolution to urge the Health Care Financing Administration of the United States Department of Health and Human Services to streamline the reporting process required for home health services.

Whereas, Home-based services constitute a vital component of the quality of our nation's health care resources. Over the years, home health care services, especially through Medicare, have increased significantly. This increase has been prompted by several factors, including advances in treatment, legislative reforms, and the steady rise in the number of older Americans; and

Whereas, Providing health services in a person's home has proven to bring many benefits. Treatment in a patient's home is far more advantageous to many patients, and it can reduce costs compared to care in an institutional setting. It is a welcome choice for most families. However, the decentralization of the services has also made it important for policymakers to establish and use procedures to prevent fraud and other abuses of these services. In the attempt to document thoroughly all actions and expenditures for home care, home health providers spend more and more time and energy complying with the filing and processing requirements. Handling the paperwork takes time away from the central mission of offering quality health care services. Many home health providers have expressed frustration with current policies; and

Whereas, With the new communications tools available today and the increasing need for home health care all across the country, solutions need to be found to remove as much of the barrier of paperwork as possible from the process of meeting the health needs of our elderly and infirm; now, therefore, be it

Resolved by the House of Representatives, That we urge the Health Care Financing Administration of the United States Department of Health and Human Services to streamline the reporting process required for home health services; and be it further

Resolved, That copies of this resolution be transmitted to the United States Secretary of Health and Human Services and the Health Care Financing Administration.

The resolution was referred to the Committee on House Oversight and Operations.

Reps. Brater, Hanley, Baird, Jacobs, Woodward, Dennis, Schauer, Wojno, Garza, Sheltrown, Bovin, Minore, Hansen, Pestka, Thomas, Reeves, Clark, Clarke, Bogardus, Hale, Rison, Martinez, Neumann, Quarles, Basham, Lockwood, Brewer, Daniels, Stallworth, Kelly, LaForge, DeHart, Schermesser, Prusi, Tesanovich, Switalski, O'Neil, Vaughn, Cherry, Bob Brown, Jamnick, Price, Frank, Hardman, Kilpatrick, Lemmons, Rivet, Birkholz, Gieleghem and Callahan offered the following resolution:

House Resolution No. 380.

A resolution to call on the United States Senate to address the backlog of judicial nominees awaiting confirmation.

Whereas, In recent years, the strength of our judicial branch of the federal government has been threatened by the failure of the United States Senate to carry out its constitutional responsibilities to review nominations to the federal bench. As a result, there is a significant backlog of nominees waiting for the Senate to exercise its powers of advice and consent by confirming or disapproving candidates for federal judgeships across the country; and

Whereas, Over the past few years, the number of vacancies in federal district courts has been much higher than usual. As of November of 1999, there were 42 nominations awaiting Senate action and 61 total vacancies. The level of unfilled vacancies has been so high that in late 1997 the Chief Justice of the United States Supreme Court publicly voiced his concerns that the quality of justice was suffering. Other judges have expressed similar worries; and

Whereas, The mechanism of checks and balances built into our system of self-government is vital to our nation. In order for this important component of our delicate governmental structure to be meaningful and productive, all of our institutions must fulfill their responsibilities with thoroughness and timeliness. Other considerations should not obscure our need for a fully functioning federal court system. To continue to delay consideration, approval, or disapproval of judicial appointments erodes the public's faith in the integrity of government; now, therefore, be it

Resolved by the House of Representatives, That we call on the United States Senate to address the backlog of judicial nominees awaiting confirmation; and be it further

Resolved, That copies of this resolution be transmitted to the President of the Senate, the Senate Majority Leader, and Michigan's senators.

The resolution was referred to the Committee on House Oversight and Operations.

Reps. Lockwood, Rivet, Gieleghem, DeHart, Minore, Bogardus, Neumann, Schermesser, Dennis, O'Neil, Mans, Woodward, Callahan, Schauer, Jacobs, Vaughn, Spade, Thomas, Jamnick, Rison, Switalski, Cassis, Voorhees, Julian, Birkholz, Ehardt, Raczkowski, Hansen, Martinez, Richardville, Rocca, Wojno, Bovin, Caul, Cherry, Shackleton, Hardman, Allen, Vander Roest, Kelly, Brater, Baird, Clarke, Garza, Reeves, Hale, Van Woerkom, Garcia, Scranton, Mortimer, Clark and Hanley offered the following concurrent resolution:

House Concurrent Resolution No. 108.

A concurrent resolution to urge the Health Care Financing Administration of the United States Department of Health and Human Services to streamline the reporting process required for home health services.

Resolved by the House of Representatives (the Senate concurring), That we urge the Health Care Financing Administration of the United States Department of Health and Human Services to streamline the reporting process required for home health services; and be it further

Resolved, That copies of this resolution be transmitted to the United States Secretary of Health and Human Services and the Health Care Financing Administration.

The concurrent resolution was referred to the Committee on House Oversight and Operations.

Reps. Brater, Hanley, Baird, Jacobs, Woodward, Dennis, Schauer, Wojno, Garza, Sheltrown, Bovin, Minore, Hansen, Pestka, Thomas, Reeves, Clark, Clarke, Bogardus, Hale, Rison, Martinez, Neumann, Quarles, Basham, Lockwood, Brewer, Daniels, Stallworth, Kelly, LaForge, DeHart, Schermesser, Prusi, Tesanovich, Switalski, O'Neil, Vaughn, Cherry, Bob Brown, Jamnick, Price, Frank, Hardman, Kilpatrick, Lemmons, Rivet, Birkholz, Ehardt, Gieleghem and Callahan offered the following concurrent resolution:

House Concurrent Resolution No. 109.

A concurrent resolution to call on the United States Senate to address the backlog of judicial nominees awaiting confirmation.

Resolved by the House of Representatives (the Senate concurring), That we call on the United States Senate to address the backlog of judicial nominees awaiting confirmation; and be it further

Resolved, That copies of this resolution be transmitted to the President of the Senate, the Senate Majority Leader, and Michigan's senators.

The concurrent resolution was referred to the Committee on House Oversight and Operations.

Messages from the Governor

The following message from the Governor, approving and signing the following bill at the time designated below, was received and read:

Date: June 7, 2000

Time: 8:00 p.m.

To the Speaker of the House of Representatives:

Sir--I have this day approved and signed

Enrolled House Bill No. 5468 (Public Act No. 150, I.E.), being

An act to amend 1980 PA 300, entitled "An act to provide a retirement system for the public school employees of this state; to create certain funds for this retirement system; to provide for the creation of a retirement board within the department of management and budget; to prescribe the powers and duties of the retirement board; to prescribe the powers and duties of certain state departments, agencies, officials, and employees; to prescribe penalties and provide remedies; and to repeal acts and parts of acts," by amending section 5 (MCL 38.1305), as amended by 1998 PA 123.

(Filed with the Secretary of State June 8, 2000, at 9:25 a.m.)

Respectfully,

John Engler

Governor

______

The Speaker Pro Tempore called Associate Speaker Pro Tempore Patterson to the Chair.

Quorum Call

Rep. Raczkowski questioned the presence of a quorum and moved that the roll be called and printed in the Journal.

The motion prevailed.

The roll was called and the Clerk announced that a quorum was present.

The following is the roll call:

Roll Call No. 776 Yeas--99

Baird Ehardt Kuipers Rison

Basham Faunce Kukuk Rocca

Birkholz Frank LaForge Sanborn

Bisbee Garcia LaSata Schauer

Bishop Gieleghem Law Schermesser

Bogardus Gilbert Lemmons Scranton

Bovin Godchaux Lockwood Shackleton

Bradstreet Gosselin Mans Sheltrown

Brater Hager Martinez Shulman

Brewer Hale Mead Spade

Brown, B. Hanley Middaugh Stallworth

Brown, C. Hansen Minore Stamas

Byl Hardman Mortimer Switalski

Callahan Hart Neumann Tabor

Cassis Howell O'Neil Tesanovich

Caul Jacobs Pappageorge Thomas

Cherry Jamnick Patterson Toy

Clark, I. Jansen Pestka Van Woerkom

Clarke, H. Jellema Price Vander Roest

Daniels Johnson, Rick Prusi Vear

DeHart Julian Pumford Voorhees

Dennis Kelly Quarles Wojno

DeRossett Kilpatrick Reeves Woodward

DeVuyst Koetje Richardville Woronchak

DeWeese Kowall Richner

In The Chair: Patterson

By unanimous consent the House returned to the order of

Second Reading of Bills

Senate Bill No. 538, entitled

A bill to amend 1893 PA 206, entitled "The general property tax act," by amending section 24f (MCL 211.24f), as amended by 1994 PA 189.

The bill was read a second time.

Rep. Cassis moved to substitute (H-2) the bill.

The motion prevailed and the substitute (H-2) was adopted, a majority of the members serving voting therefor.

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. Bisbee moved that Rep. Cassis be excused temporarily from today's session.

The motion prevailed.

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

The motion prevailed.

Rep. DeVuyst moved that Rep. Green 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. 538, entitled

A bill to amend 1893 PA 206, entitled "The general property tax act," by amending section 24f (MCL 211.24f), as amended by 1994 PA 189.

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

Roll Call No. 777 Yeas--101

Allen Frank Kukuk Rison

Baird Garcia LaForge Rivet

Basham Gieleghem LaSata Rocca

Birkholz Gilbert Law Sanborn

Bisbee Godchaux Lemmons Schauer

Bishop Gosselin Lockwood Schermesser

Bogardus Hager Mans Scranton

Bovin Hale Martinez Shackleton

Bradstreet Hanley Mead Sheltrown

Brater Hansen Middaugh Shulman

Brewer Hardman Minore Spade

Brown, B. Hart Mortimer Stamas

Brown, C. Howell Neumann Switalski

Byl Jacobs O'Neil Tabor

Callahan Jamnick Pappageorge Tesanovich

Caul Jansen Patterson Thomas

Clark, I. Jelinek Pestka Toy

Clarke, H. Jellema Price Van Woerkom

Daniels Johnson, Rick Prusi Vander Roest

DeHart Julian Pumford Vaughn

Dennis Kelly Quarles Vear

DeRossett Kilpatrick Raczkowski Voorhees

DeVuyst Koetje Reeves Wojno

DeWeese Kowall Richardville Woodward

Ehardt Kuipers Richner Woronchak

Faunce

Nays--1

Cherry

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 amend 1893 PA 206, entitled "An act to provide for the assessment of rights and interests, including leasehold interests, in property and the levy and collection of taxes on property, and for the collection of taxes levied; making those taxes a lien on the property taxed, establishing and continuing the lien, providing for the sale or forfeiture and conveyance of property delinquent for taxes, and for the inspection and disposition of lands bid off to the state and not redeemed or purchased; to provide for the establishment of a delinquent tax revolving fund and the borrowing of money by counties and the issuance of notes; to define and limit the jurisdiction of the courts in proceedings in connection with property delinquent for taxes; to limit the time within which actions may be brought; to prescribe certain limitations with respect to rates of taxation; to prescribe certain powers and duties of certain officers, departments, agencies, and political subdivisions of this state; to provide for certain reimbursements of certain expenses incurred by units of local government; to provide penalties for the violation of this act; and to repeal acts and parts of acts," by amending section 24f (MCL 211.24f), as amended by 1999 PA 248.

The motion prevailed.

The House agreed to the title as amended.

______

Rep. Kilpatrick moved that Rep. Garza be excused temporarily from today's session.

The motion prevailed.

By unanimous consent the House returned to the order of

Messages from the Senate

House Bill No. 5351, entitled

A bill to amend 1976 PA 451, entitled "The revised school code," (MCL 380.1 to 380.1852) by adding sections 15 and 602.

The Senate has amended the bill as follows:

1. Amend page 5, following line 16 by inserting:

"SEC. 1475. A FEDERAL TRIBALLY CONTROLLED COMMUNITY COLLEGE BOARD MAY PROVIDE COLLEGE LEVEL COURSES OR PARTICIPATE IN OTHER ACTIVITIES UNDER THIS ACT ONLY IF ALL OF THE FOLLOWING ARE IN EFFECT:

(A) THE MEMBERS OF THE BOARD OF THE FEDERAL TRIBALLY CONTROLLED COMMUNITY COLLEGE EXECUTE THE CONSTITUTIONAL OATH OF OFFICE AS A PUBLIC OFFICER OF THE STATE OF MICHIGAN.

(B) THE MEMBERS OF THE BOARD OF THE FEDERAL TRIBALLY CONTROLLED COMMUNITY COLLEGE CERTIFY TO THE STATE DEPARTMENT OF EDUCATION THAT THE MEMBERS WILL ACT AS A PUBLIC EDUCATIONAL BODY OR OFFICER OF THIS STATE SUBJECT ONLY TO THE CONSTITUTION AND LAWS OF THIS STATE IN EXERCISING THE POWERS OR CARRYING OUT THE FUNCTIONS AND THAT THEIR FUNCTIONS ARE UNDER THE EXCLUSIVE CONTROL OF THE STATE.

(C) A MEMBER OF THE BOARD OF THE FEDERAL TRIBALLY CONTROLLED COMMUNITY COLLEGE ACTING AS A PUBLIC OFFICER UNDER THIS SECTION SHALL BE SUBJECT TO REMOVAL OR SUSPENSION BY THE SUPERINTENDENT OF PUBLIC INSTRUCTION FOR VIOLATING THE PROVISIONS OF THIS SECTION.

(D) THIS SECTION DOES NOT AUTHORIZE THE USE OF ANY FUNDS APPROPRIATED FOR A COMMUNITY COLLEGE DISTRICT ESTABLISHED UNDER THE COMMUNITY COLLEGE ACT, 1966 PA 331, MCL 389.11 TO 389.84.".

The Senate has passed the bill as amended, ordered that it be given immediate effect and amended the title to read as follows:

A bill to amend 1976 PA 451, entitled "An act to provide a system of public instruction and elementary and secondary schools; to revise, consolidate, and clarify the laws relating to elementary and secondary education; to provide for the organization, regulation, and maintenance of schools, school districts, public school academies, and intermediate school districts; to prescribe rights, powers, duties, and privileges of schools, school districts, public school academies, and intermediate school districts; to provide for the regulation of school teachers and certain other school employees; to provide for school elections and to prescribe powers and duties with respect thereto; to provide for the levy and collection of taxes; to provide for the borrowing of money and issuance of bonds and other evidences of indebtedness; to establish a fund and provide for expenditures from that fund; to provide for and prescribe the powers and duties of certain state departments, the state board of education, and certain other boards and officials; to provide for licensure of boarding schools; to prescribe penalties; and to repeal acts and parts of acts," (MCL 380.1 to 380.1852) by adding sections 15, 602, and 1475.

The Speaker announced that pursuant to Rule 45, the bill was laid over one day.

Rep. Raczkowski moved that Rule 45 be suspended.

The motion prevailed, 3/5 of the members present voting therefor.

The question being on concurring in the amendment made to the bill by the Senate,

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

Roll Call No. 778 Yeas--103

Allen Faunce Kukuk Rivet

Baird Garcia LaForge Rocca

Basham Geiger LaSata Sanborn

Birkholz Gieleghem Law Schauer

Bisbee Gilbert Lemmons Schermesser

Bishop Godchaux Lockwood Scranton

Bogardus Gosselin Mans Shackleton

Bovin Green Martinez Sheltrown

Bradstreet Hager Mead Shulman

Brater Hale Middaugh Spade

Brown, B. Hanley Minore Stallworth

Brown, C. Hansen Mortimer Stamas

Byl Hardman Neumann Switalski

Callahan Hart O'Neil Tabor

Cassis Howell Pappageorge Tesanovich

Caul Jacobs Patterson Thomas

Cherry Jamnick Pestka Toy

Clark, I. Jansen Price Van Woerkom

Clarke, H. Jelinek Prusi Vander Roest

Daniels Jellema Pumford Vaughn

DeHart Johnson, Rick Quarles Vear

Dennis Julian Raczkowski Voorhees

DeRossett Kelly Reeves Wojno

DeVuyst Koetje Richardville Woodward

DeWeese Kowall Richner Woronchak

Ehardt Kuipers Rison

Nays--0

In The Chair: Patterson

The House agreed to the title as amended.

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

______

Rep. Neumann moved that Rep. Brewer be excused temporarily from today's session.

The motion prevailed.

Rep. Scranton moved that Rep. Godchaux be excused temporarily from today's session.

The motion prevailed.

House Bill No. 5570, entitled

A bill to amend 1984 PA 44, entitled "Motor fuels quality act," by amending section 3 (MCL 290.643), as amended by 1993 PA 231.

The Senate has amended the bill as follows:

1. Amend page 3, line 11, after "BEGINNING" by striking out "JANUARY" and inserting "JUNE".

2. Amend page 3, line 13, after the first "STATE." by striking out "THE DIRECTOR SHALL REQUIRE NOTIFICATION TO THE DEPARTMENT OF WHICH ADDITIVE OR ADDITIVES ARE USED TO REPLACE MTBE.".

3. Amend page 3, line 13, after the second "STATE." by striking out "THE DIRECTOR SHALL NOT ALLOW THE LEVEL OF BENZENE IN GASOLINE TO INCREASE AS A REPLACEMENT FOR MTBE.".

4. Amend page 3, line 22, after "THE" by striking out "JANUARY" and inserting "JUNE".

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

The Speaker announced that pursuant to Rule 45, the bill was laid over one day.

Rep. Raczkowski moved that Rule 45 be suspended.

The motion prevailed, 3/5 of the members present voting therefor.

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

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

Roll Call No. 779 Yeas--58

Allen Geiger Kukuk Sanborn

Birkholz Gilbert LaSata Scranton

Bisbee Gosselin Law Shackleton

Bishop Green Mans Sheltrown

Bradstreet Hager Mead Shulman

Brown, C. Hart Middaugh Spade

Byl Howell Mortimer Stamas

Cassis Jansen Pappageorge Tabor

Caul Jelinek Patterson Toy

DeRossett Jellema Pumford Van Woerkom

DeVuyst Johnson, Rick Raczkowski Vander Roest

DeWeese Julian Richardville Vear

Ehardt Koetje Richner Voorhees

Faunce Kowall Rocca Woronchak

Garcia Kuipers

Nays--45

Baird Dennis LaForge Rison

Basham Frank Lemmons Rivet

Bogardus Gieleghem Lockwood Schauer

Bovin Hale Martinez Schermesser

Brater Hanley Minore Stallworth

Brown, B. Hansen Neumann Switalski

Callahan Hardman Pestka Tesanovich

Cherry Jacobs Price Thomas

Clark, I. Jamnick Prusi Vaughn

Clarke, H. Kelly Quarles Wojno

Daniels Kilpatrick Reeves Woodward

DeHart

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.

______

Rep. Vander Roest moved that Rep. DeRossett be excused temporarily from today's session.

The motion prevailed.

House Bill No. 5670, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending section 48726 (MCL 324.48726), as added by 1995 PA 57.

The Senate has amended the bill as follows:

1. Amend page 1, line 8, after "ORDERS" by striking out "PRESCRIBING" and inserting "INCREASING".

2. Amend page 2, line 3, after "WATERS." by inserting "THE DEPARTMENT SHALL HAVE THE AUTHORITY TO DECREASE THE NUMBER OF RODS PER ANGLER. HOWEVER, THE DEPARTMENT SHALL NOT REDUCE THE NUMBER OF RODS PER ANGLER TO LESS THAN TWO.".

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

The Speaker announced that pursuant to Rule 45, the bill was laid over one day.

Rep. Raczkowski moved that Rule 45 be suspended.

The motion prevailed, 3/5 of the members present voting therefor.

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

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

Roll Call No. 780 Yeas--101

Allen Frank Kuipers Rivet

Baird Garcia Kukuk Rocca

Basham Geiger LaForge Sanborn

Birkholz Gieleghem LaSata Schauer

Bisbee Gilbert Law Schermesser

Bishop Gosselin Lemmons Scranton

Bogardus Green Lockwood Shackleton

Bovin Hager Mans Sheltrown

Bradstreet Hale Martinez Shulman

Brater Hanley Mead Spade

Brown, B. Hansen Middaugh Stallworth

Brown, C. Hardman Minore Stamas

Byl Hart Mortimer Switalski

Callahan Howell Neumann Tabor

Cassis Jacobs Pappageorge Tesanovich

Caul Jamnick Patterson Thomas

Cherry Jansen Pestka Toy

Clark, I. Jelinek Price Van Woerkom

Clarke, H. Jellema Prusi Vander Roest

Daniels Johnson, Rick Pumford Vaughn

DeHart Julian Raczkowski Vear

Dennis Kelly Reeves Voorhees

DeVuyst Kilpatrick Richardville Wojno

DeWeese Koetje Richner Woodward

Ehardt Kowall Rison Woronchak

Faunce

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.

______

Rep. Cassis, under Rule 33, made the following statement:

"Mr. Speaker and members of the House:

I was absent from the Chamber when the vote was taken on Roll Call No. 777. Had I been present, I would have voted 'yea'."

Rep. Hale moved that Rep. Mans be excused temporarily from today's session.

The motion prevailed.

By unanimous consent the House returned to the order of

Reports of Select Committees

Senate Bill No. 966, entitled

A bill to make appropriations for the department of education and certain other purposes relating to education for the fiscal year ending September 30, 2001; to provide for the expenditure of the appropriations; to prescribe the powers and duties of certain state departments, school districts, and other governmental bodies; and to provide for the disposition of fees and other income received by certain legal entities and state agencies.

The Senate has adopted the report of the Committee of Conference and ordered that the bill be given immediate effect;

The Conference Report was read as follows:

First Conference Report

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

Senate Bill No. 966, entitled

Recommends:

First: That the Senate and House agree to the Substitute of the House as passed by the House, amended to read as follows:

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

PART 1

LINE-ITEM APPROPRIATIONS

Sec. 101. Subject to the conditions set forth in this act, the amounts listed in this part are appropriated for the department of education for the fiscal year ending September 30, 2001, from the funds indicated in this part. The following is a summary of the appropriations in this part:

DEPARTMENT OF EDUCATION

APPROPRIATION SUMMARY:

Full-time equated unclassified positions 6.0

Full-time equated classified positions 457.6

GROSS APPROPRIATION $ 929,563,300

Interdepartmental grant revenues:

Interdepartmental grant from corrections academy lease 518,000

Total interdepartmental grants and intradepartmental transfers 518,000

ADJUSTED GROSS APPROPRIATION $ 929,045,300

Federal revenues:

Total federal revenues 873,591,700

Special revenue funds:

Local cost sharing (schools for blind/deaf) 6,262,400

Local school district service fees 252,600

Total local revenues 6,515,000

Gifts, bequests, and donations 470,100

Private foundations 132,200

Total private revenues 602,300

Total local and private revenues 7,117,300

Certification fees 2,726,800

Commodity distribution fees 46,600

Driver fees 8,113,400

Lansing, Michigan school for the blind rent 739,000

Motorcycle license fees 1,009,100

Safety education fund 313,100

School loan exception fees 63,000

Student insurance revenue 205,100

Teacher testing fees 321,500

Training and orientation workshop fees 100,000

Total other state restricted revenues 13,637,600

State general fund/general purpose $ 34,698,700

Sec. 102. STATE BOARD OF EDUCATION/OFFICE OF THE SUPERINTENDENT

Full-time equated unclassified positions 6.0

Full-time equated classified positions 14.0

State board of education, per diem payments $ 19,400

Unclassified positions--6.0 FTE positions 505,500

State board/superintendent operations--14.0 FTE positions 2,307,700

GROSS APPROPRIATION $ 2,832,600

Appropriated from:

Federal revenues:

Federal revenues 573,200

Special revenue funds:

Private foundations 8,000

State general fund/general purpose $ 2,251,400

Sec. 103. CENTRAL SUPPORT

Full-time equated classified positions 45.2

Central support--45.2 FTE positions $ 5,614,400

Worker's compensation 108,000

Education commission of the states 95,500

Building occupancy charges - property management services 1,118,700

Training and orientation workshops 100,000

Terminal leave payments 440,500

GROSS APPROPRIATION $ 7,477,100

Appropriated from:

Federal revenues:

Federal revenues 4,081,400

Special revenue funds:

Certification fees 153,900

Commodity distribution fees 4,800

Driver fees 19,900

Local cost sharing 60,800

Motorcycle license fees 3,900

Safety education fund 2,300

School loan exception fees 63,000

Teacher testing fees 8,800

Training and orientation workshop fees 100,000

State general fund/general purpose $ 2,978,300

Sec. 104. SCHOOL SUPPORT SERVICES

Full-time equated classified positions 41.4

School support operations--41.4 FTE positions $ 4,876,300

GROSS APPROPRIATION $ 4,876,300

Appropriated from:

Federal revenues:

Federal revenues 3,875,500

Special revenue funds:

Commodity distribution fees 41,800

Driver fees 482,900

Motorcycle license fees 137,900

Safety education fund 116,500

State general fund/general purpose $ 221,700

Sec. 105. DATA AND TECHNOLOGY SERVICES

Full-time equated classified positions 37.2

Data and technology operations--37.2 FTE positions $ 5,127,400

GROSS APPROPRIATION $ 5,127,400

Appropriated from:

Interdepartmental grant revenues:

Federal revenues:

Federal revenues 2,759,100

Special revenue funds:

Certification fees 256,600

Driver fees 10,600

State general fund/general purpose $ 2,101,100

Sec. 106. SPECIAL EDUCATION SERVICES

Full-time equated classified positions 55.6

Special education operations--55.6 FTE positions $ 7,140,900

GROSS APPROPRIATION $ 7,140,900

Appropriated from:

Federal revenues:

Federal revenues 6,922,500

Special revenue funds:

Certification fees 19,900

State general fund/general purpose $ 198,500

Sec. 107. LANSING, MICHIGAN SCHOOL FOR THE BLIND FORMER SITE

General services $ 1,267,000

GROSS APPROPRIATION $ 1,267,000

Appropriated from:

Interdepartmental grant revenues:

Interdepartmental grant from corrections academy lease 518,000

Special revenue funds:

Gifts, bequests, and donations 10,000

Lansing, Michigan school for the blind rent 739,000

State general fund/general purpose $ 0

Sec. 108. MICHIGAN SCHOOLS FOR THE DEAF AND BLIND

Full-time equated classified positions 120.3

Michigan schools for the deaf and blind operations--117.0 FTE positions $ 11,117,200

Technical resource and reproduction center 1,250,000

Summer institute 312,100

Michigan deaf/blind center--2.3 FTE positions 306,400

Camp Tuhsmeheta--1.0 FTE position 250,100

Private gifts - blind 90,000

Private gifts - deaf 50,000

GROSS APPROPRIATION $ 13,375,800

Appropriated from:

Federal revenues:

Federal revenues 2,448,200

Special revenue funds:

Local cost sharing (schools for blind/deaf) 6,201,600

Local school district service fees 252,600

Gifts, bequests, and donations 460,100

Student insurance revenue 205,100

State general fund/general purpose $ 3,808,200

Sec. 109. PROFESSIONAL PREPARATION SERVICES

Full-time equated classified positions 26.5

Professional preparation operations--26.5 FTE positions $ 2,679,900

Teacher quality enhancement 2,500,000

Department of attorney general 50,000

GROSS APPROPRIATION $ 5,229,900

Appropriated from:

Federal revenues:

Federal revenues 2,720,800

Special revenue funds:

Certification fees 2,246,400

Teacher testing fees 262,700

State general fund/general purpose $ 0

Sec. 110. FIELD SERVICES

Full-time equated classified positions 41.0

Field services operations--41.0 FTE positions $ 4,099,800

GROSS APPROPRIATION $ 4,099,800

Appropriated from:

Federal revenues:

Federal revenues 3,673,200

State general fund/general purpose $ 426,600

Sec. 111. OFFICE OF SCHOOL EXCELLENCE

Full-time equated classified positions 45.3

School excellence operations--45.3 FTE positions $ 6,531,100

GROSS APPROPRIATION $ 6,531,100

Appropriated from:

Federal revenues:

Federal revenues 3,955,200

Private foundations 29,400

State general fund/general purpose $ 2,546,500

Sec. 112. GOVERNMENT SERVICES

Full-time equated classified positions 12.3

Government services operations--12.3 FTE positions $ 1,081,300

GROSS APPROPRIATION $ 1,081,300

Appropriated from:

Federal revenues:

Federal revenues 635,800

State general fund/general purpose $ 445,500

Sec. 113. SAFE SCHOOLS AND ADMINISTRATIVE LAW

Full-time equated classified positions 11.0

Safe schools operations--2.0 FTE positions $ 475,500

Administrative law operations--9.0 FTE positions 847,400

State tenure commission per diem 11,100

GROSS APPROPRIATION $ 1,334,000

Appropriated from:

Federal revenues:

Federal revenues 293,400

Special revenue funds:

Teacher testing fees 50,000

State general fund/general purpose $ 990,600

Sec. 114. EDUCATION OPTIONS, CHARTERS, AND CHOICE

Full-time equated classified positions 7.8

Education options operations--7.8 FTE positions $ 1,372,100

GROSS APPROPRIATION $ 1,372,100

Appropriated from:

Federal revenues:

Federal revenues 879,800

State general fund/general purpose $ 492,300

Sec. 115. GRANTS AND DISTRIBUTIONS

FEDERAL PROGRAMS:

Acquired immunodeficiency syndrome education grants $ 600,000

Class size reduction grants 50,275,700

Competitive child care and development 576,000

Drug-free schools grant 16,758,400

Eisenhower mathematics and science grants 12,940,000

Emergency immigrant 1,455,000

Goals 2000 grants 17,082,200

Handicapped infants and toddlers 16,000,000

Homeless children and youth 1,041,000

Michigan charter school subgrant program 6,000,000

Michigan model partnership for character education 247,600

Preschool grants (PL 94-142) 13,500,000

Refugee children school impact grant 950,000

School-age child care grants 757,500

School lunch program-federal share 244,500,000

Serve America grants 840,000

Special education (250,000 GF/GP) 20,339,800

Surplus commodity 2,506,000

Technology literacy challenge grants 17,784,300

Title I, comprehensive school reform 5,889,200

Title I, disadvantaged children 346,000,000

Title I, even start 5,500,000

Title I, migrant 12,000,000

Title VI, innovative strategies 13,480,900

STATE PROGRAMS:

Christa McAuliffe grants $ 94,800

Driver education 7,600,000

Innovative program demonstration grants 400,000

Innovative curriculum development grants 560,000

Motorcycle safety education 867,300

National board certification 50,000

Off-road vehicle safety training grant 194,300

Reading plan for Michigan grants 34,000,000

School breakfast programs 4,128,000

School readiness grants 12,900,000

GROSS APPROPRIATION $ 867,818,000

Appropriated from:

Federal revenues:

DAG, food and nutrition service, national school lunch 244,500,000

DAG, the emergency food assistance program 2,506,000

DED-OBEMLA, emergency immigrant education assistance 1,455,000

DED-OESE, charter schools 6,000,000

DED-OESE, class size reduction 50,275,700

DED-OESE, drug-free schools and communities 16,758,400

DED-OESE, goals 2000 22,082,200

DED-OESE, Eisenhower mathematics and science administration 12,940,000

DED-OESE, reading excellence act 29,000,000

DED-OESE, technology literacy challenge fund 17,784,300

DED-OESE, title I, comprehensive school reform 5,031,900

DED-OESE, title I, disadvantaged children 346,000,000

DED-OESE, title I, even start 5,500,000

DED-OESE, title I, migrant education 12,000,000

DED-OESE, title VI, innovative strategies 13,480,900

DED-OESE, title X, comprehensive school reform 857,300

DED-OESE, title X, fund for improvement of education 247,600

DED-OSERS, handicapped infants and toddlers 16,000,000

DED-OSERS, handicapped preschool incentive grants 13,500,000

DED-OSERS, handicapped program, individuals with disabilities act 20,089,800

DED-OVAE, homeless children and youth 1,041,000

HHS-ACF, at-risk child care 576,000

HHS-ACF, refugee children 950,000

HHS-CDCP, AIDS education 600,000

HHS-ACF, dependent care block grant 757,500

Corporation for national and community service 840,000

Special revenue funds:

Certification fees 50,000

Driver fees 7,600,000

Motorcycle license fees 867,300

Safety education fund 194,300

Private foundations 94,800

State general fund/general purpose $ 18,238,000

PART 2

PROVISIONS CONCERNING APPROPRIATIONS

GENERAL SECTIONS

Sec. 201. Pursuant to section 30 of article IX of the state constitution of 1963, total state spending from state resources under part 1 for fiscal year 2000-2001 is $48,336,300.00 and state spending from state resources to be paid to local units of government for fiscal year 2000-2001 is $14,054,400.00. The itemized statement below identifies appropriations from which spending to units of local government will occur:

GRANTS AND DISTRIBUTIONS

STATE PROGRAMS:

Driver education $ 7,600,000

School readiness grants 1,667,500

Motorcycle safety education 601,000

Off-road vehicle safety training grant 57,900

School lunch and breakfast $ 4,128,000

TOTAL $ 14,054,400

Sec. 202. The appropriations authorized under this act are subject to the management and budget act, 1984 PA 431, MCL 18.1101 to 18.1594.

Sec. 203. As used in this act:

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

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

(d) "DED-OESE" means the DED office of elementary and secondary education.

(e) "DED-OSERS" means the DED office of special education and rehabilitative services.

(f) "DED-OVAE" means the DED office of vocational and adult education.

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

(h) "District" means a local school district as defined in section 6 of the revised school code, 1976 PA 451, MCL 380.6, or a public school academy as defined in section 5 of the revised school code, 1976 PA 451, MCL 380.5.

(i) "FTE" means full-time equated.

(j) "HHS" means the United States department of health and human services.

(k) "HHS-ACF" means the HHS administration for children and families.

(l) "HHS-CDCP" means the HHS center for disease control and prevention.

(m) "RPM" means reading plan for Michigan.

Sec. 206. (1) In addition to the funds appropriated in part 1, there is appropriated an amount not to exceed $20,000,000.00 for federal contingency funds. These funds are not available for expenditure until they have been transferred to another line item in this act under section 393(2) of the management and budget act, 1984 PA 431, MCL 18.1393.

(2) In addition to the funds appropriated in part 1, there is appropriated an amount not to exceed $700,000.00 for state restricted contingency funds. These funds are not available for expenditure until they have been transferred to another line item in this act under section 393(2) of the management and budget act, 1984 PA 431, MCL 18.1393.

(3) In addition to the funds appropriated in part 1, there is appropriated an amount not to exceed $250,000.00 for local contingency funds. These funds are not available for expenditure until they have been transferred to another line item in this act under section 393(2) of the management and budget act, 1984 PA 431, MCL 18.1393.

(4) In addition to the funds appropriated in part 1, there is appropriated an amount not to exceed $3,000,000.00 for private contingency funds. These funds are not available for expenditure until they have been transferred to another line item in this act under section 393(2) of the management and budget act, 1984 PA 431, MCL 18.1393.

Sec. 210. The director of each department receiving appropriations in part 1 shall take all reasonable steps to ensure businesses in deprived and depressed communities compete for and perform contracts to provide services or supplies, or both. Each director shall strongly encourage firms with which the department contracts to subcontract with certified businesses in depressed and deprived communities for services, supplies, or both.

Sec. 211. The department may carry into the succeeding fiscal year unexpended federal pass-through funds to local institutions and governments that do not require additional state matching funds. Federal pass-through funds to local institutions and governments that are received in amounts in addition to those included in part 1 and that do not require additional state matching funds are appropriated for the purposes intended.

Sec. 212. The department shall provide the state budget director and the senate and house fiscal agencies with copies of the state board of education agenda and all supporting documents at the time the agenda and supporting documents are provided to state board of education members.

Sec. 213. Money in the school loan exception fee fund that is unexpended at the end of the fiscal year shall not revert to the general fund but shall be carried over to the succeeding fiscal year.

Sec. 214. (1) From the amount appropriated in part 1 for the office for safe schools, the department is allocated an amount not to exceed $200,000.00 and $50,000.00 in state restricted funds to continue the office for safe schools within the department. The office for safe schools shall work with local school boards, law enforcement agencies, community leaders, and the office of drug control policy for the prevention of school violence. The office for safe schools shall develop and implement, and serve as coordinator of, a statewide clearinghouse for information, program development, model programs and policies, and technical assistance on school violence prevention.

(2) To accomplish its functions under this section, the office for safe schools shall do all of the following:

(a) Evaluate the effectiveness of, and make recommendations to local school boards concerning, public school violence prevention programs, including, but not limited to, programs aimed at reducing the possession of weapons and the incidence of other violent behaviors on school campuses, violence prevention curricula, conflict resolution and peer mediation training, interagency cooperative referral and treatment programs, parental involvement programs, and school safety planning.

(b) In consultation with appropriate organizations, develop and distribute to school districts and public school academies a model code of conduct for pupils.

(c) Coordinate with the office of drug control policy in the department of community health to ensure that there is a meaningful linkage between the efforts under this act to provide safe schools and the initiatives undertaken through that office, including, but not limited to, school districts' safe and drug-free school plans, and to facilitate timely applications for and distribution of available grant money.

(d) Provide through the Internet the availability to and information regarding the state model policy on locker searches, the state model policy on firearm safety and awareness, and any other state or local safety policies that the office considers exemplary.

(e) Work in collaboration with the department of state police in establishing a toll-free school violence hotline.

Sec. 215. The department shall require all public school districts to maintain complete records within the personnel file of a teacher or school employee of any disciplinary actions taken by the local school board against the teacher or employee for sexual misconduct. The records shall not be destroyed or removed from the teacher's or employee's personnel file except as required by a court order.

Sec. 216. For fiscal year 2000-2001, the department shall contract with and provide administration for the same local sponsors that participated in the emergency food assistance program under an agreement that was agreed to by the department for fiscal year 1999-2000, unless the local sponsor elects not to participate in the program.

Sec. 217. The departments and state agencies receiving appropriations under this act shall receive and retain copies of all reports funded from appropriations in part 1. These departments and state agencies shall follow federal and state guidelines for short-term and long-term retention of these reports and records.

Sec. 218. (1) The department of management and budget and each principal executive department and agency shall provide to the senate and house of representatives standing committees on appropriations and the senate and house fiscal agencies a monthly report on all personal service contracts awarded without competitive bidding, pricing, or rate-setting. The notification shall include all of the following:

(a) The total dollar amount of the contract.

(b) The duration of the contract.

(d) The type of service to be provided.

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

(a) The total dollar amount of the contract.

(b) The duration of the contract.

(d) The type of service to be provided.

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

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

Sec. 220. The funds appropriated in part I shall include a fine arts consultant.

Sec. 221. The department will be revising the administrative rules for special education. Drafts of proposed special education rules processed under the administrative procedures act of 1969, 1969 PA 306, MCL 24.201 to 24.328, shall be provided to the senate and house appropriation subcommittees on the department of education.

STATE BOARD/OFFICE OF THE SUPERINTENDENT

Sec. 301. (1) The appropriations in part 1 may be used for per diem payments to members of boards, committees, and commissions for each day's board, committee, or commission work at which a quorum is present; for attending a hearing as authorized by the respective board, committee, or commission; or for performing official business as authorized by the respective board, committee, or commission. The per diem payments shall be at a rate as follows:

(a) State board of education - president $ 110.00 per day

(b) State board of education - member other than president $ 100.00 per day

(2) A state board of education member shall not be paid a per diem for more than 24 days per year.

(3) The administrative secretary of the state board of education shall report to the public, the senate and house fiscal agencies, and the state budget director the previous quarter's expenses by fund source for members of the state board of education related to the performance of their responsibilities.

Sec. 302. From the amount appropriated in part 1 to the state board of education, not more than $35,000.00 shall be expended for travel.

MICHIGAN SCHOOLS FOR THE DEAF AND BLIND

Sec. 401. The employees at the Michigan schools for the deaf and blind who work on a school year basis shall be considered annual employees for purposes of service credits, retirement, and insurance benefits.

Sec. 402. For each student enrolled at the Michigan schools for the deaf and blind, the department shall assess the intermediate school district of residence 100% of the cost of operating the student's instructional program. The amount shall exclude room and board related costs and the cost of weekend transportation between the school and the student's home.

Sec. 403. (1) The department may assess rent to any state agency for the use of any facility at the Michigan school for the blind's former site in Lansing. The rental rates and all leasing arrangements shall be subject to the approval of the department of management and budget.

(2) In addition to those funds appropriated in part 1, the department may receive and expend additional funds from lease agreements at the Michigan school for the blind's former site in Lansing that have been negotiated with the approval of the department of management and budget. These funds are appropriated to the department for operation, maintenance, and renovation expenses associated with the leased space.

(3) The department shall not rent, lease, or declare as surplus property the superintendent's house on the Michigan school for the blind's former site without prior consent from the house and senate appropriations subcommittees on education. Amounts received under section 107 for general services may be expended by the department for operation, maintenance, and renovation expenses associated with the superintendent's house.

(4) Security guards or other patrols at the Michigan school for the blind's former site shall not be funded through section 108 funds appropriated for the Michigan schools for the deaf and blind.

(5) If the department leases real property to a person or organization that is not a department of state government, the department shall not expend funds in excess of the lease revenue received to replace, renovate, or repair that real property. This section shall not apply to emergency repairs or costs associated with technological renovations.

(6) The department shall not lease real property for less than fair market value.

(7) The unexpended balances of appropriations and any surplus restricted revenue for the former school for the blind site in Lansing shall not lapse to the state general fund at the end of the fiscal year. Any unexpended and unencumbered funds remaining on September 30, 2001, shall be carried forward as a work project or as restricted revenue and expended for special maintenance and repairs of facilities at the former Michigan school for the blind site in Lansing. The work project shall be performed by state employees or by contract when necessary at an estimated cost of $100,000.00. The estimated completion date of the work project is September 30, 2002.

Sec. 404. (1) The department may assess rent or lease excess property located on the campus of the Michigan schools for the deaf and blind in Flint to private or publicly funded organizations.

(2) In addition to those funds appropriated in part 1, the department may receive and expend additional funds from lease agreements at the Michigan schools for the deaf and blind Flint campus that have been negotiated with the approval of the department of management and budget. These funds are appropriated to the department for the operation, maintenance, and renovation expenses associated with the leased space.

(3) Proceeds from the sale of surplus property and facilities at the Michigan schools for the deaf and blind are appropriated for the purposes of repairs, renovations, and maintenance of the Flint campus.

(4) The unexpended balances of appropriations for school for deaf and blind operations, and from proceeds of the sale of surplus property and facilities at the Michigan schools for the deaf and blind shall not lapse to the state general fund at the end of the fiscal year. Any unexpended and unencumbered funds remaining on September 30, 2001 shall be carried forward as a work project or as restricted revenue and expended for special maintenance and repairs of facilities at the campus of the Michigan schools for the deaf and blind in Flint. The work shall be carried out by state employees, or by contract as necessary, at an estimated cost of $250,000.00. The estimated completion date of the work is September 30, 2002.

Sec. 405. The department may assist the department of community health, other departments, and local school districts to secure reimbursement for eligible services provided in Michigan schools from the federal Medicaid program. The department may submit reports of direct expenses related to this effort to the department of community health for reimbursement.

Sec. 406. (1) The Michigan schools for the deaf and blind may promote its residential program as a possible appropriate option for children who are deaf or hard of hearing or who are blind or visually impaired. The Michigan schools for the deaf and blind shall distribute information detailing its services to all intermediate school districts in the state.

(2) Upon knowledge of or recognition by an intermediate school district that a child in the district is deaf or hard of hearing or blind or visually impaired, the intermediate school district shall provide to the parents of the child the literature distributed by the Michigan schools for the deaf and blind to intermediate school districts under subsection (1).

(3) It is the intent of the legislature that parents continue to have a choice regarding the educational placement of their deaf or hard of hearing children.

Sec. 407. The department shall report to the house and senate appropriations subcommittees on education detailed information on the expenditures made from the amount authorized in part 1 for general services for the Michigan school for the blind's former site.

Sec. 408. In addition to those funds appropriated in part 1, the department may receive and expend funds from the mid-Michigan academy for capital improvements. These additional funds are appropriated specifically for capital improvements authorized by the department of management and budget and shall be negotiated as part of the lease agreement.

PROFESSIONAL PREPARATION SERVICES

Sec. 501. From the funds appropriated in part 1 for professional preparation services, the department shall maintain the professional personnel register and certificate revocation/felony conviction files.

Sec. 502. The department shall authorize teacher preparation institutions to provide an alternative program by which up to 1/2 of the required student internship or student teaching credits may be earned through substitute teaching. The department shall require that teacher preparation institutions collaborate with school districts to ensure that the quality of instruction provided to student teachers is comparable to that required in a traditional student teaching program.

EDUCATION OPTIONS, CHARTERS, AND CHOICE

Sec. 601. (1) From the amount appropriated in section 114 for education options, charters, and choice, there is allocated $350,000.00 and 3.5 FTE positions to operate a charter school office to administer charter school legislation and associated regulations, and to coordinate the activities of the department relating to charter schools.

(2) From the amount appropriated in part 1 for education options, charters, and choice, there is allocated up to $250,000.00 to fund an exchange program between teachers in Michigan school districts and teachers in Michigan's sister state of Shiga in Japan.

(3) If an audit finds that a public school district has significantly misrepresented its enrollment membership or financial data to the department, its funding shall be withheld and the public school district shall be required to reimburse the state any appropriations made as a result of the misrepresentations.

(4) A public school district found to have misrepresented its enrollment membership may utilize the same appeal process as a school district.

GRANTS AND DISTRIBUTIONS

Sec. 701. The department shall disburse the funds to a general fund grantee in accordance with the same standards of timing and amount that apply to disbursements made by the department to a federal fund grantee. The disbursement shall be restricted to the minimum amount needed for immediate disbursement by the grantee. The department may waive this section if extenuating circumstances warrant and are substantiated in the grantee's application or other appropriate documentation. A waiver granted pursuant to this section shall not be effective until 15 days after written notice of the proposed waiver is given to the state budget director and the chairpersons of the senate and house appropriations subcommittees having jurisdiction over the department budget.

Sec. 702. The funds appropriated in part 1 for school breakfast programs shall be made available to all eligible applicant public school districts as follows:

(a) The public school district participates in the federal school breakfast program and meets all standards as prescribed by 7 C.F.R. parts 220 and 245.

(b) Payment is made for each breakfast served meeting standards prescribed in subdivision (a).

(c) The payment for a public school district is at a per meal rate equal to the lesser of the district's or public school's actual cost, or 100% of the cost of a breakfast served by an efficiently operated breakfast program as determined by the department, less federal reimbursement, participant payments, and other state reimbursement. Determination of efficient cost by the department shall be determined by using a statistical sampling of statewide and regional cost as reported in a manner approved by the department for the preceding school year.

(d) The payment determined under subdivision (c) is prorated if the appropriation in part 1 is not sufficient to fund all payments determined under this section.

Sec. 703. (1) The funds appropriated in part 1 for school readiness programs shall be made available through a competitive application process as follows:

(a) An applicant may be any public or private nonprofit legal entity or agency other than a local or intermediate school district except a local or intermediate school district acting as a fiscal agent for a child caring organization regulated under 1973 PA 116, MCL 722.111 to 722.128.

(b) Applications shall be submitted in a form and manner as required by the department.

(c) Applications shall be reviewed by a diverse interagency committee composed of representatives of the department, appropriate community, volunteer, and social service agencies and organizations, and parents.

(d) Priority in the recommendation for awarding of grants by the superintendent of public instruction to applicants shall be based upon the following criteria:

(i) Compliance with standards for early childhood development consistent with programs for 4-year-olds, as approved by the state board of education.

(ii) Active and continuous involvement of the parents or guardians of the children participating in the program.

(iii) Employment of teachers possessing proper training in early childhood development, including an early childhood (ZA) endorsement or child development associate, and trained support staff.

(iv) Evidence of collaboration with the community of providers in early childhood development programs including documentation of the total number of children in the community who would meet the criteria established in subparagraph (vi), and who are being served by other providers, and the number of children who will remain unserved by other community early childhood programs if this program is funded.

(v) The extent to which these funds will supplement other federal, state, local, or private funds.

(vi) The extent to which these funds will be targeted to children who will be at least 4, but less than 5, years of age as of December 1 of the year in which the programs are offered and who show evidence of 2 or more "at-risk" factors asdefined in the state board of education report entitled, "children at risk" that was adopted by the state board on April 5, 1988.

(e) Whether the application contains a comprehensive evaluation plan that includes implementation of all program components required and an assessment of the gains of children participating in an early childhood development program.

(f) Applications shall provide for the establishment of a school readiness advisory committee that shall be involved in the planning and evaluation of the program and provides for the involvement of parents and appropriate community, volunteer, and social service agencies and organizations. There shall be on the committee at least 1 parent or guardian of a program participant for every 18 children enrolled in the program, with a minimum of 2 parent or guardian representatives. The committee shall do all of the following:

(i) Review the mechanisms and criteria used to determine referrals for participation in the school readiness program.

(ii) Review the health screening program for all participants.

(iii) Review the nutritional services provided to all participants.

(iv) Review the mechanisms in place for the referral of families to community social service agencies, as appropriate.

(v) Review the collaboration with and the involvement of appropriate community, volunteer, and social service agencies and organizations in addressing all aspects of education disadvantage.

(vi) Review, evaluate, and make recommendations for changes in the school readiness program.

(g) More than 50% of the children participating in the program shall meet the income eligibility criteria for free or reduced price lunch, as determined under the national school lunch act, chapter 281, 60 Stat. 230, 42 U.S.C. 1751 to 1753, 1755 to 1761, 1762a, 1765 to 1766b, and 1769 to 1769h, or meet income and all other eligibility criteria for participation in the Michigan family independence agency unified child day care program.

(2) Grant awards by the superintendent of public instruction may be at whatever level the superintendent determines appropriate. A grant, when combined with other sources of state revenue for this program, shall not exceed $3,300.00 per child or the cost of the program, whichever is less.

(3) Except as otherwise provided, an applicant that received a grant under this section in the 1999-2000 fiscal year shall receive priority for funding in 2000-2001. However, continuation of funding is contingent on the availability of funds and documented evidence of grantee compliance with standards for early childhood development consistent with programs for 4-year-olds, as approved by the state board of education, and with all operational, fiscal, administrative, and other program requirements. After 3 years of funding, a program that received a grant under this section may reapply for funding, but will compete for available funds with other new programs and other programs also completing their third year of funding under this section. A program which offers supplementary day care and thereby offers full-day programs as part of its early childhood development program shall receive priority in the allocation of these competitive funds.

Sec. 704. (1) The reading plan for Michigan (RPM) is a series of elementary education strategies created for the purpose of improving reading skills of K-3 students so that all students are reading at an appropriate grade level prior to the start of the fourth grade. The RPM shall be developed by the department in consultation with the RPM advisory council as created by Executive Order 1998-4.

(2) In order to implement the RPM, the department shall do at least all of the following:

(a) Develop a model summer reading program for students who will be attending grades 1 through 4 in the following school year and who have demonstrated the need for additional reading skills training, as evidenced by standardized test results on tests approved by the department for this purpose. The model reading program shall be in conformance with the national education goals and shall also meet criteria for DED-OESE, Title I program funding.

(b) Recommend diagnostic tools and student assessments to local districts to determine reading readiness and ensure progress in reading skills.

(c) Develop and disseminate reading readiness kits to parents of students in preschool and kindergarten to provide parents with information about how they can prepare their children for reading success.

(d) Develop and make available a statewide resource guide of public and private service providers to assist parents in improving their children's reading skills.

(3) The funds appropriated in part 1 for the reading plan for Michigan grants shall be allocated by the department on a competitive grant basis to districts, intermediate districts, or consortia of districts which meet the following criteria:

(a) The district must offer a summer reading program based upon the model reading program developed by the department under subsection (2) beginning after the close of the 1999-2000 school year.

(b) The district must identify money from other sources available to the district which will be used to support at least 50% of the total costs of the summer reading program.

(4) Applications for funding must be submitted to the department no later than December 31, 2000. The department shall notify recipients of the grants no later than March 30, 2001.

(5) Not later than the 2002-2003 school year, a pupil shall not be promoted to the next grade level at the end of the school year if the pupil has not met the standards for pupil promotion adopted by the local school district.

(6) If any federally funded requirement of this section is in conflict with federal law, the federal law will control.

(7) The legislature intends that the department shall work with high need school districts whose summer reading programs were not funded in fiscal year 1999-2000 to improve the quality of its proposal for the purpose of increasing the possibility that the program would be funded in the next grant cycle.

Sec. 705. If there is appropriated for fiscal year 2000-2001 not more than $4,000,000.00 from the general fund/general purpose revenues from the state school aid act to develop early childhood education programs for children ages 0 to 3, the department shall administer the grant program in accordance with the criteria stated for the early childhood education program in the state school aid act.

Sec. 706. From the funds appropriated in part 1 for national board certification, the department shall pay 1/2 of the application fee for teachers who are deemed by the department by March 1, 2000 to be qualified to apply to the national board for professional teaching standards for professional teaching certificates or licenses and to provide grants to recognize and reward teachers who receive certification or licensure.

Sec. 707. The department shall work with Grand Valley State University to establish or enhance the teacher certification program for autism impaired students.

Sec. 710. (1) From the funds appropriated in section 115, $400,000.00 shall be used for innovative program demonstration grants as provided under this section. From the $400,000.00 appropriated for this section, $200,000.00 shall be used for the fiscal year 2000-2001 and the remaining $200,000.00 for the fiscal year 2001-2002. The balance of the $400,000.00 not expended in fiscal year 2000-2001 shall not revert to the general fund but continue to be available in fiscal year 2001-2002 for the awarding of grants under this section. The department may use up to 4% of the funds appropriated for this section for administration of the innovative program demonstration grants awarded under this section. The department shall use the balance of the appropriation to provide grants to local school districts and intermediate school districts to develop the following innovative programs:

(a) School safety programs to examine creative ways to ensure safe schools in this state. The measures the program should examine include, but are not limited to, school uniforms, identification tags for staff, students, and volunteers, a school safety hotline, and the use of a school resource officer.

(b) Parental involvement programs to explore ways to increase parental and community involvement in schools. A funded program should focus on developing ways to utilize parents and community members as volunteers in the schools, increasing parent and teacher attendance at parent/teacher conferences, and provide training to teachers and administrators on utilizing parents as a valuable resource.

(c) Expanding curriculum programs to identify additions to the curriculum. A program shall have the approval of the local school board before applying for a grant. Programs such as stress management, conflict resolution, and character education are areas that can be included in a proposal under this subdivision and should be targeted at each grade level. A program can also look at parent/student/school contracts and should include expanding or implementing a gifted and talented program or hiring a resource coordinator for existing gifted and talented programs.

(2) The following are the primary goals for the innovative programs development grants:

(a) To provide the means for schools to experiment with new and innovative programs to improve school safety, parental involvement, and curriculum development.

(b) To demonstrate the value of the programs to justify continued local funding once the grant program has ended.

(d) To share information between the schools regarding successful innovative programs. This should include the posting of the information on the school's and department's website.

(3) The department shall use the following criteria in determining the awarding of grants under this section:

(a) The state shall be divided into 5 regions to ensure equality of funding. Each region shall receive at least 1 grant in each of the program areas.

(b) Although a school may apply for funding under all 3 program areas, it can be awarded grant funds in only 1 of the program areas.

(d) Although the focus of the programs should be on new programs, it may include innovative programs already in place.

(e) Each program shall receive $10,000.00 for each fiscal year.

(f) Of the $200,000.00 appropriated each fiscal year, $10,000.00 each fiscal year shall be earmarked for each of the 5 regions for the development of parental involvement programs. These funds shall be used to hire a volunteer coordinator.

(g) Any other criteria the department considers necessary to implement this section.

(4) No later than September 30, 2002, a district receiving funding under this section shall report to the department on the results achieved by each innovative program. The report filed under this subsection shall include all of the following for each program:

(a) A description of the program and what steps were taken to implement the program.

(b) Any statistical data available before and after the funding period regarding the target area of the program.

(d) An analysis of the overall impact the program had on the students, school, community, and parents.

(e) The decision and reasoning as to why the program will be either continued or terminated after grant funding has ended.

(5) No later than November 29, 2002, the department shall compile the information received under subsection (3) and submit a report to the house and senate standing committees on education, the house and senate appropriations subcommittees on the department of education, the house and senate fiscal agencies, and the state board of education. The reports shall be posted on the department's website.

Sec. 711. (1) From the funds appropriated in section 115, $560,000.00 shall be used for the innovative curriculum development grant program. The department shall use the appropriation to provide grants for programs that promote systemic innovative reform programs in the areas of curriculum development, pilot alternative education programs, civic education, special education, teacher education, math and science education, and other innovative programs through a competitive grant application process. The department shall use all of the following criteria to implement the program:

(a) The applicant shall be a public or private nonprofit legal entity.

(b) The applications shall be submitted in a form and manner as required by the department.

(c) Evidence of collaboration with universities, private colleges, and community colleges with teacher certification programs.

(d) The extent to which the funds will be matched with other federal, local, or private funds.

(e) Whether the application contains a comprehensive evaluation plan that includes all segments of the program.

(f) Ability to implement the program on a statewide basis.

(g) Each applicant is eligible for funding under only 1 program.

(h) Any other criteria the department considers necessary to implement the program.

(2) As a condition of funding, no later than February 1, 2001, entities receiving funding under this section shall submit a preliminary report to the department on the results achieved by each innovative program. The report shall include all of the following:

(a) A description of the goals, objectives, and outcomes of the program.

(b) Any statistical data on the number of stakeholders who benefited from the program.

(d) An analysis of the overall impact of the program on students, school, community, and parents.

(e) The total amount of funds expended and the purpose for which those funds were spent.

(3) The department shall compile the information received under subsection (2) and submit a report to the house and senate appropriations subcommittees on the department of education, the house and senate fiscal agencies, and the state board of education no later than March 30, 2001. A final report is due September 4, 2001. These reports shall be posted on the department's website.

Sec. 712. From the funds appropriated in part 1, $20,000.00 shall be used to fund 1/3 of an FTE for the hiring of a certified school nurse in the position of school health services consultant.

TECHNOLOGY AND INFORMATION SERVICES

Sec. 901. Included in the appropriation for technology and information services in part 1 is $50,000.00 to publish and distribute the Michigan school report.

Sec. 902. The department shall coordinate with the Michigan information center on the development of an educational information system.

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

Leon Stille

Loren Bennett

Kenneth DeBeaussaert

Conferees for the Senate

Ron Jelinek

Tony Stamas

Thomas Kelly

Conferees for the House

The Speaker announced that under Joint Rule 9 the conference report would lie over one day.

Rep. Raczkowski moved pursuant to Joint Rule 9, that the Journal printing requirement be suspended, printed copies of the conference report having been placed on the members' desks.

The motion prevailed.

The question being on the adoption of the conference report,

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

Roll Call No. 781 Yeas--102

Allen Faunce Kukuk Rivet

Baird Frank LaForge Rocca

Basham Garcia LaSata Sanborn

Birkholz Gieleghem Law Schauer

Bisbee Gilbert Lemmons Schermesser

Bishop Godchaux Lockwood Scranton

Bogardus Gosselin Martinez Shackleton

Bovin Green Mead Sheltrown

Bradstreet Hager Middaugh Shulman

Brater Hale Minore Spade

Brown, B. Hansen Mortimer Stallworth

Brown, C. Hardman Neumann Stamas

Byl Hart O'Neil Switalski

Callahan Howell Pappageorge Tabor

Cassis Jacobs Patterson Tesanovich

Caul Jamnick Pestka Thomas

Cherry Jansen Price Toy

Clark, I. Jelinek Prusi Van Woerkom

Clarke, H. Jellema Pumford Vander Roest

Daniels Johnson, Rick Quarles Vaughn

DeHart Julian Raczkowski Vear

Dennis Kelly Reeves Voorhees

DeRossett Kilpatrick Richardville Wojno

DeVuyst Koetje Richner Woodward

DeWeese Kowall Rison Woronchak

Ehardt Kuipers

Nays--0

In The Chair: Patterson

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

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

Messages from the Senate

House Bill No. 5624, entitled

A bill to amend 1949 PA 300, entitled "Michigan vehicle code," by amending sections 629e, 674, 675d, and 742 (MCL 257.629e, 257.674, 257.675d, and 257.742), section 629e as amended by 1991 PA 163, section 674 as amended by 2000 PA 76, section 675d as amended by 1992 PA 230, and section 742 as amended by 1998 PA 68.

The Senate has substituted (S-2) the bill.

The Senate has passed the bill as substituted (S-2), ordered that it be given immediate effect and amended the title to read as follows:

residents and nonresidents; to provide for the levy of certain assessments; to provide for the enforcement of this act; to provide for the creation of and to prescribe the powers and duties of certain state and local agencies; to repeal all other acts or parts of acts inconsistent with this act or contrary to this act; and to repeal certain parts of this act on a specific date," by amending sections 629e, 674, 675a, 675b, 675c, 675d, and 742 (MCL 257.629e, 257.674, 257.675a, 257.675b, 257.675c, 257.675d, and 257.742), section 629e as amended by 1991 PA 163, section 674 as amended by 2000 PA 76, sections 675a and 675b as amended and section 675c as added by 1980 PA 518, section 675d as amended by 1992 PA 230, and section 742 as amended by 1998 PA 68.

The Speaker announced that pursuant to Rule 45, the bill was laid over one day.

Rep. Raczkowski moved that Rule 45 be suspended.

The motion prevailed, 3/5 of the members present voting therefor.

The question being on concurring in the substitute (S-2) made to the bill by the Senate,

The substitute (S-2) was concurred in, a majority of the members serving voting therefor, by yeas and nays, as follows:

Roll Call No. 782 Yeas--97

Allen Ehardt Kowall Rison

Baird Faunce Kuipers Rivet

Basham Frank Kukuk Rocca

Birkholz Garcia LaForge Sanborn

Bisbee Gieleghem LaSata Schauer

Bishop Gilbert Law Schermesser

Bogardus Godchaux Lemmons Scranton

Bovin Gosselin Lockwood Shackleton

Bradstreet Hager Mead Sheltrown

Brewer Hale Middaugh Shulman

Brown, B. Hanley Minore Spade

Brown, C. Hansen Mortimer Stallworth

Byl Hart Neumann Stamas

Callahan Howell O'Neil Switalski

Cassis Jacobs Pappageorge Tabor

Caul Jamnick Patterson Thomas

Cherry Jansen Pestka Toy

Clark, I. Jelinek Price Van Woerkom

Clarke, H. Jellema Pumford Vander Roest

Daniels Johnson, Rick Quarles Vear

DeHart Julian Raczkowski Voorhees

Dennis Kelly Reeves Wojno

DeRossett Kilpatrick Richardville Woodward

DeVuyst Koetje Richner Woronchak

DeWeese

Nays--5

Brater Prusi Tesanovich Vaughn

Martinez

In The Chair: Patterson

The House agreed to the title as amended.

Reps. DeHart, DeVuyst, DeWeese, Ehardt, Garcia, Hager, Howell, Kowall, Lemmons, Patterson, Raczkowski, Richardville, Shackleton and Tabor were named co-sponsors of the bill.

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

______

The Speaker Pro Tempore resumed the Chair.

Second Reading of Bills

House Bill No. 4392, entitled

A bill to amend 1949 PA 300, entitled "Michigan vehicle code," (MCL 257.1 to 257.923) by adding section 682b.

Was read a second time, and the question being on the adoption of the proposed substitute (H-2) previously recommended by the Committee on Transportation,

The substitute (H-2) was adopted, a majority of the members serving voting therefor.

Rep. Sheltrown moved to amend the bill as follows:

1. Amend page 2, following line 6, by inserting:

"(F) A MOTOR VEHICLE USED TO TRANSPORT A DISABLED MOTORCYCLE OR OTHER DISABLED VEHICLE THAT MAY BE SECURED WITHIN THE OPEN BED OF THE VEHICLE.".

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

Rep. Cherry moved to reconsider the vote by which the House adopted the amendment offered by Rep. Sheltrown.

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

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

The amendment was not adopted, a majority of the members serving not voting therefor.

Rep. Patterson moved to amend the bill as follows:

1. Amend page 1, line 1, after "A" by striking out "person" and inserting "dependent minor".

2. Amend page 1, line 3, by striking out "person" and inserting "dependent minor".

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

Rep. Patterson demanded the yeas and nays.

The demand was supported.

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

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

Roll Call No. 783 Yeas--57

Allen Garcia Kowall Rocca

Basham Geiger Kuipers Sanborn

Bisbee Gieleghem Kukuk Scranton

Bishop Gilbert Mead Shackleton

Bovin Gosselin Middaugh Shulman

Bradstreet Green Mortimer Spade

Cassis Hager Pappageorge Stamas

Caul Hardman Patterson Tabor

DeHart Hart Perricone Tesanovich

DeRossett Jansen Pumford Toy

DeVuyst Jelinek Raczkowski Vander Roest

DeWeese Johnson, Rick Reeves Vear

Ehardt Julian Richardville Voorhees

Faunce Koetje Richner Woodward

Frank

Nays--44

Baird Daniels LaForge Rison

Birkholz Dennis LaSata Rivet

Bogardus Godchaux Law Schauer

Brater Hale Lemmons Schermesser

Brewer Hanley Lockwood Sheltrown

Brown, C. Hansen Martinez Stallworth

Byl Howell Minore Switalski

Callahan Jacobs Neumann Thomas

Cherry Jellema O'Neil Van Woerkom

Clark, I. Kelly Pestka Vaughn

Clarke, H. Kilpatrick Price Woronchak

In The Chair: Birkholz

______

The Speaker Pro Tempore called Associate Speaker Pro Tempore Patterson to the Chair.

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

The motion prevailed.

Rep. Pappageorge moved that Rep. Geiger be excused temporarily from today's session.

The motion prevailed.

Reps. DeHart and Tesanovich moved to amend the bill as follows:

1. Amend page 2, following line 6, by inserting:

"(F) A MOTOR VEHICLE USED TO TRANSPORT HUNTERS OR FISHERPERSONS FROM A HABITAT OR CABIN TO A HUNTING OR FISHING SITE.".

The question being on the adoption of the amendment offered by Reps. DeHart and Tesanovich,

Rep. O'Neil demanded the yeas and nays.

The demand was supported.

The question being on the adoption of the amendment offered by Reps. DeHart and Tesanovich,

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

Roll Call No. 784 Yeas--51

Allen DeWeese Johnson, Rick Richardville

Basham Ehardt Julian Rivet

Birkholz Frank Kowall Rocca

Bisbee Garcia Kuipers Sanborn

Bishop Gilbert Kukuk Shackleton

Bovin Gosselin Mead Sheltrown

Bradstreet Green Middaugh Shulman

Cassis Hager Patterson Tabor

Caul Hale Perricone Tesanovich

Clark, I. Hardman Price Vander Roest

DeHart Hart Pumford Vear

DeRossett Jansen Raczkowski Voorhees

DeVuyst Jelinek Reeves

Nays--50

Baird Gieleghem Lemmons Schauer

Bogardus Godchaux Lockwood Schermesser

Brater Hanley Martinez Scranton

Brewer Hansen Minore Spade

Brown, B. Howell Mortimer Stamas

Brown, C. Jacobs Neumann Switalski

Byl Jamnick O'Neil Thomas

Callahan Kelly Pappageorge Toy

Cherry Kilpatrick Pestka Van Woerkom

Clarke, H. Koetje Quarles Wojno

Daniels LaForge Richner Woodward

Dennis LaSata Rison Woronchak

Faunce Law

In The Chair: Patterson

Rep. Cherry 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. 4392, entitled

A bill to amend 1949 PA 300, entitled "Michigan vehicle code," (MCL 257.1 to 257.923) by adding section 682b.

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

Roll Call No. 785 Yeas--86

Allen Ehardt Kowall Rison

Baird Faunce LaForge Rivet

Basham Garcia LaSata Rocca

Birkholz Gieleghem Law Sanborn

Bisbee Gilbert Lemmons Schauer

Bogardus Green Lockwood Schermesser

Bradstreet Hager Martinez Scranton

Brater Hale Mead Shackleton

Brewer Hanley Middaugh Sheltrown

Brown, B. Hansen Minore Spade

Brown, C. Hardman Mortimer Stallworth

Byl Hart Neumann Stamas

Callahan Howell O'Neil Switalski

Caul Jacobs Pappageorge Tabor

Cherry Jamnick Patterson Thomas

Clark, I. Jansen Perricone Toy

Clarke, H. Jelinek Pestka Van Woerkom

Daniels Jellema Price Vear

Dennis Johnson, Rick Pumford Wojno

DeRossett Julian Richardville Woodward

DeVuyst Kilpatrick Richner Woronchak

DeWeese Koetje

Nays--16

Bishop Godchaux Prusi Tesanovich

Bovin Gosselin Raczkowski Vander Roest

DeHart Kuipers Reeves Vaughn

Frank Kukuk Shulman Voorhees

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.

By unanimous consent the House returned to the order of

Messages from the Senate

House Bill No. 5767, 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 2 (MCL 207.552), as amended by 1999 PA 140.

The Senate has passed the bill and ordered that it be given immediate effect.

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

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

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

______

Rep. Vander Roest moved that Rep. Mortimer be excused temporarily from today's session.

The motion prevailed.

House Bill No. 5222, entitled

A bill to amend 1998 PA 363, entitled "An act to authorize the state administrative board to convey certain state owned property in Ingham county; to authorize the department of natural resources to convey certain parcels of state owned property in Roscommon county; to prescribe conditions for the conveyance; to provide for certain powers and duties of the department of management and budget and certain municipalities in regard to certain property; and to provide for disposition of the revenue derived from the conveyance," by amending the title and sections 2 and 3 and by adding section 15.

The Senate has amended the bill as follows:

1. Amend page 2, following line 8, by inserting:

"(3) IF ANY FEE, TERM, OR CONDITION FOR THE USE OF THE PROPERTY CONVEYED UNDER SECTION 1 IS IMPOSED ON MEMBERS OF THE PUBLIC, OR IF ANY OF THOSE FEES, TERMS, OR CONDITIONS IS WAIVED FOR USE OF THIS PROPERTY, RESIDENT AND NONRESIDENT MEMBERS OF THE PUBLIC SHALL BE SUBJECT TO THE SAME FEES, TERMS, CONDITIONS, OR WAIVERS.".

2. Amend page 2, following line 15, section 15, following subsection (5), by inserting:

"(6) IF ANY FEE, TERM, OR CONDITION FOR THE USE OF THE PROPERTY CONVEYED UNDER SECTION 15 IS IMPOSED ON MEMBERS OF THE PUBLIC, OR IF ANY OF THOSE FEES, TERMS, OR CONDITIONS IS WAIVED FOR USE OF THIS PROPERTY, RESIDENT AND NONRESIDENT MEMBERS OF THE PUBLIC SHALL BE SUBJECT TO THE SAME FEES, TERMS, CONDITIONS, OR WAIVERS.".

The Senate has passed the bill as amended and ordered that it be given immediate effect.

The Speaker announced that pursuant to Rule 45, the bill was laid over one day.

Rep. Raczkowski moved that Rule 45 be suspended.

The motion prevailed, 3/5 of the members present voting therefor.

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

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

Roll Call No. 786 Yeas--103

Allen Ehardt Kowall Rivet

Baird Faunce Kuipers Rocca

Basham Frank Kukuk Sanborn

Birkholz Garcia LaForge Schauer

Bisbee Gieleghem LaSata Schermesser

Bishop Gilbert Law Scranton

Bogardus Godchaux Lemmons Shackleton

Bovin Gosselin Lockwood Sheltrown

Bradstreet Green Martinez Shulman

Brater Hager Mead Spade

Brewer Hale Middaugh Stallworth

Brown, B. Hanley Minore Stamas

Brown, C. Hansen Neumann Switalski

Byl Hardman O'Neil Tabor

Callahan Hart Pappageorge Tesanovich

Cassis Howell Patterson Thomas

Caul Jacobs Perricone Toy

Cherry Jamnick Pestka Van Woerkom

Clark, I. Jansen Prusi Vander Roest

Clarke, H. Jelinek Pumford Vaughn

Daniels Jellema Quarles Vear

DeHart Johnson, Rick Raczkowski Voorhees

Dennis Julian Reeves Wojno

DeRossett Kelly Richardville Woodward

DeVuyst Kilpatrick Richner Woronchak

DeWeese Koetje Rison

Nays--0

In The Chair: Patterson

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

House Bill No. 5813, entitled

A bill to amend 1954 PA 99, entitled "An act authorizing the international bridge authority of Michigan, created by Act No. 237 of the Public Acts of 1935, as amended, being sections 254.201 to 254.216, inclusive, of the Compiled Laws of 1948, to construct, maintain, repair and operate a bridge or tunnel project from the Upper Peninsula of Michigan to the province of Ontario, Canada, and providing for the acquisition and operation of the existing ferry system and buses in connection with such project; defining the powers and duties of the authority; granting to the authority power to acquire necessary real and personal property and to exercise the power of condemnation; providing for financing such project by the issuance of revenue bonds of the authority, payable solely from tolls and other revenues; providing that no debt of the state shall be incurred in the exercise of any such powers; providing for the collection of tolls and other revenues to pay such bonds and the interest thereon and the cost of maintenance, repair and operation of such project; exempting from taxes and assessments such project and such bonds and the income therefrom; authorizing the issuance of revenue refunding bonds; prescribing the rights and remedies of the holders of bonds issued under the provisions of this act; making an appropriation; and repealing certain acts and parts of acts," by amending the title and sections 1, 3, 4, 7, and 16 (MCL 254.221, 254.223, 254.224, 254.227, and 254.236), section 3 as amended by 1994 PA 44, and by adding section 3a; and to repeal acts and parts of acts.

The Senate has substituted (S-1) the bill.

The Senate has passed the bill as substituted (S-1) and ordered that it be given immediate effect.

The Speaker announced that pursuant to Rule 45, the bill was laid over one day.

Rep. Raczkowski moved that Rule 45 be suspended.

The motion prevailed, 3/5 of the members present voting therefor.

The question being on concurring in 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. 787 Yeas--103

Allen Faunce Kukuk Rivet

Baird Frank LaForge Rocca

Basham Garcia LaSata Sanborn

Birkholz Gieleghem Law Schauer

Bisbee Gilbert Lemmons Schermesser

Bishop Godchaux Lockwood Scranton

Bogardus Gosselin Martinez Shackleton

Bovin Green Mead Sheltrown

Bradstreet Hager Middaugh Shulman

Brater Hale Minore Spade

Brewer Hansen Mortimer Stallworth

Brown, B. Hardman Neumann Stamas

Brown, C. Hart O'Neil Switalski

Byl Howell Pappageorge Tabor

Callahan Jacobs Patterson Tesanovich

Cassis Jamnick Perricone Thomas

Caul Jansen Pestka Toy

Clark, I. Jelinek Price Van Woerkom

Clarke, H. Jellema Prusi Vander Roest

Daniels Johnson, Rick Pumford Vaughn

DeHart Julian Quarles Vear

Dennis Kelly Raczkowski Voorhees

DeRossett Kilpatrick Reeves Wojno

DeVuyst Koetje Richardville Woodward

DeWeese Kowall Richner Woronchak

Ehardt Kuipers Rison

Nays--0

In The Chair: Patterson

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

______

Associate Speaker Pro Tempore Scranton resumed the Chair.

Second Reading of Bills

Senate Bill No. 757, entitled

A bill to amend 1982 PA 295, entitled "Support and parenting time enforcement act," by amending sections 31 and 32 (MCL 552.631 and 552.632), as amended by 1996 PA 301.

Was read a second time, and the question being on the adoption of the proposed substitute (H-2) previously recommended by the Committee on Family and Civil Law,

The substitute (H-2) was adopted, a majority of the members serving voting therefor.

Rep. Richner moved to amend the bill as follows:

1. Amend page 4, following line 21, by inserting:

"Enacting section 1. This amendatory act takes effect October 1, 2000.".

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

Rep. Schermesser moved to amend the bill as follows:

1. Amend page 4, following line 21, by inserting:

"(6) IF THE PAYER DOES NOT POST THE BOND OR CASH UNDER THIS SECTION AND REMAINS IN CUSTODY, THE COURT SHALL HOLD THE SHOW CAUSE HEARING WITHIN 72 HOURS AFTER THE ARREST.".

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

Reps. Pestka, Raczkowski, Richner and Schermesser moved to amend the bill as follows:

1. Amend page 2, line 8, after "AMOUNT" by inserting "OF AT LEAST 25%".

2. Amend page 2, line 8, after "ARREARAGE." by striking out the balance of the line through "INAPPROPRIATE." on line 14, and inserting "THE COURT MAY SET THE REQUIRED DEPOSIT AT A DIFFERENT AMOUNT IF THE COURT DETERMINES FROM THE FACTS OF THE CASE THAT REQUIRING BOND OR CASH IN THE AMOUNT OF AT LEAST 25% OF THE ARREARAGE WOULD BE UNJUST OR INAPPROPRIATE AND SETS FORTH IN WRITING OR ON THE RECORD THE REASONS WHY REQUIRING BOND OR CASH IN SUCH AN AMOUNT WOULD BE UNJUST OR INAPPROPRIATE.".

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

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. 757, entitled

A bill to amend 1982 PA 295, entitled "Support and parenting time enforcement act," by amending sections 31 and 32 (MCL 552.631 and 552.632), as amended by 1996 PA 301.

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

Roll Call No. 788 Yeas--73

Allen Ehardt Koetje Rison

Baird Faunce Kukuk Rivet

Basham Frank Law Rocca

Bisbee Geiger Lockwood Schauer

Bogardus Gieleghem Mead Schermesser

Bovin Gilbert Minore Scranton

Bradstreet Godchaux Mortimer Shackleton

Brater Green Neumann Sheltrown

Brown, B. Hager O'Neil Spade

Byl Hansen Pappageorge Stamas

Callahan Howell Patterson Switalski

Cassis Jacobs Perricone Thomas

Caul Jamnick Pestka Toy

Cherry Jansen Prusi Van Woerkom

Clark, I. Jelinek Pumford Voorhees

Clarke, H. Jellema Quarles Wojno

Dennis Johnson, Rick Richardville Woodward

DeRossett Julian Richner Woronchak

DeWeese

Nays--33

Birkholz Hale LaForge Sanborn

Bishop Hanley LaSata Shulman

Brewer Hardman Lemmons Stallworth

Brown, C. Hart Martinez Tabor

Daniels Kelly Middaugh Tesanovich

DeHart Kilpatrick Price Vander Roest

DeVuyst Kowall Raczkowski Vaughn

Garcia Kuipers Reeves Vear

Gosselin

In The Chair: Scranton

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 amend 1982 PA 295, entitled "An act to provide for and to supplement statutes that provide for the enforcement of support, health care, and parenting time orders with respect to divorce, separate maintenance, paternity, child custody, and spouse support; to prescribe certain provisions of those orders; to prescribe the powers and duties of the circuit court and friend of the court; to prescribe certain duties of certain employers and other sources of income; to provide for penalties and remedies; and to repeal acts and parts of acts," by amending sections 31 and 32 (MCL 552.631 and 552.632), section 31 as as amended by 1996 PA 301 and section 32 as amended by 1999 PA 160.

The motion prevailed.

The House agreed to the title as amended.

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

House Bill No. 5854, entitled

A bill to amend 1855 PA 105, entitled "An act to regulate the disposition of the surplus funds in the state treasury; to provide for the deposit of surplus funds in certain financial institutions; to lend surplus funds pursuant to loan agreements secured by certain commercial, agricultural, or industrial real and personal property; to authorize the loan of surplus funds to certain municipalities; to authorize the participation in certain loan programs; to authorize an appropriation; and to prescribe the duties of certain state agencies," by amending sections 2c, 3 and 7 (MCL 21.142, 21.143, and 21.147), section 2c as added by 1990 PA 360 and sections 3 and 7 as amended by 1997 PA 32, and by adding section 2d.

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 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. 5854, entitled

The bill was read a third time.

The question being on the passage of the bill,

Point of Order

Rep. Martinez requested a ruling from the Chair regarding whether this bill falls under the provisions of House Rule 49 requiring an appropriation bill to be on the calendar for five days prior to being read a third time and further whether under Article IV, Section 30 of the State Constitution, the bill would require approval of two-thirds of the members elected and serving in each house of the legislature for the appropriation of public money or property for local or private purposes.

The Chair ruled that this bill does not make an appropriation. It merely establishes a vehicle for the state treasurer to invest surplus funds in certificates of deposit or other instruments of a qualified financial institution for the purpose of facilitating marina dredging loans. Since the bill is not an appropriation bill, it is not required to be on the calendar for five days prior to being read a third time and the number of votes required to pass this bill would be a majority of the members elected and serving.

Rep. Martinez appealed the second decision of the Chair.

The question being, "Shall the judgment of the Chair stand as the judgment of the House?"

The judgment of the Chair stood as the judgment of the House, a majority of the members present and voting, voting therefor, by yeas and nays, as follows:

Roll Call No. 789 Yeas--56

Allen Garcia Kowall Richner

Birkholz Geiger Kuipers Rocca

Bisbee Gilbert Kukuk Sanborn

Bishop Godchaux LaSata Scranton

Bradstreet Gosselin Law Shackleton

Brewer Hager Mead Shulman

Brown, C. Hart Middaugh Stamas

Byl Howell Mortimer Tabor

Cassis Jansen Pappageorge Toy

Caul Jelinek Patterson Van Woerkom

DeRossett Jellema Perricone Vander Roest

DeVuyst Johnson, Rick Pumford Vear

DeWeese Julian Raczkowski Voorhees

Faunce Koetje Richardville Woronchak

Nays--47

Basham Frank Lockwood Schauer

Bogardus Gieleghem Martinez Schermesser

Bovin Hale Minore Sheltrown

Brater 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

Dennis Lemmons Rivet

In The Chair: Scranton

______

The Speaker Pro Tempore resumed the Chair.

The question being on the passage of the bill,

After debate,

Rep. Basham 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. 790 Yeas--84

Allen Ehardt Kukuk Rivet

Basham Faunce LaSata Rocca

Birkholz Frank Law Sanborn

Bisbee Garcia Lemmons Schauer

Bishop Geiger Lockwood Schermesser

Bovin Gieleghem Mead Scranton

Bradstreet Gilbert Middaugh Shackleton

Brewer Godchaux Mortimer Sheltrown

Brown, B. Gosselin Neumann Shulman

Brown, C. Green O'Neil Stamas

Callahan Hager Pappageorge Switalski

Cassis Hanley Patterson Tabor

Caul Hart Pestka Tesanovich

Cherry Howell Price Thomas

Clark, I. Jamnick Prusi Toy

Clarke, H. Jansen Pumford Van Woerkom

DeHart Jelinek Quarles Vander Roest

Dennis Johnson, Rick Raczkowski Vear

DeRossett Julian Richardville Voorhees

DeVuyst Kowall Richner Wojno

DeWeese Kuipers Rison Woronchak

Nays--17

Baird Hansen Koetje Reeves

Bogardus Hardman LaForge Spade

Brater Jacobs Martinez Vaughn

Byl Kelly Minore Woodward

Hale

In The Chair: Birkholz

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 amend 1855 PA 105, entitled "An act to regulate the disposition of the surplus funds in the state treasury; to provide for the deposit of surplus funds in certain financial institutions; to lend surplus funds pursuant to loan agreements secured by certain commercial, agricultural, or industrial real and personal property; to authorize the loan of surplus funds to certain municipalities; to authorize the participation in certain loan programs; to authorize an appropriation; and to prescribe the duties of certain state agencies," by amending sections 3 and 7 (MCL 21.143 and 21.147), as amended by 1997 PA 32, and by adding section 2d.

The motion prevailed.

The House agreed to the title as amended.

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

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

Reps. Basham, Bovin, Bradstreet, Cameron Brown, Clarke, DeHart, Dennis, DeRossett, Frank, Rick Johnson, LaSata, Mead, Mortimer, Prusi, Pumford, Raczkowski, Richner, Sanborn, Shulman, Van Woerkom and Vear were named co-sponsors of the bill.

Second Reading of Bills

Senate Bill No. 1201, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending section 3112a (MCL 324.3112a), as amended by 1998 PA 3.

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 and Outdoor Recreation,

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

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. 1201, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending section 3112a (MCL 324.3112a), as amended by 1998 PA 3.

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

Roll Call No. 791 Yeas--103

Allen Ehardt Kowall Rison

Baird Faunce Kuipers Rivet

Basham Frank Kukuk Rocca

Birkholz Garcia LaForge Sanborn

Bisbee Gieleghem LaSata Schauer

Bishop Gilbert Law Schermesser

Bogardus Godchaux Lemmons Scranton

Bovin Gosselin Lockwood Shackleton

Bradstreet Green Martinez Sheltrown

Brater Hager Mead Shulman

Brewer Hale Middaugh Spade

Brown, B. Hanley Minore Stamas

Brown, C. Hansen Mortimer Switalski

Byl Hardman Neumann Tabor

Callahan Hart O'Neil Tesanovich

Cassis Howell Pappageorge Thomas

Caul Jacobs Patterson Toy

Cherry Jamnick Pestka Van Woerkom

Clark, I. Jansen Price Vander Roest

Clarke, H. Jelinek Prusi Vaughn

Daniels Jellema Pumford Vear

DeHart Johnson, Rick Quarles Voorhees

Dennis Julian Raczkowski Wojno

DeRossett Kelly Reeves Woodward

DeVuyst Kilpatrick Richardville Woronchak

DeWeese Koetje Richner

Nays--0

In The Chair: Birkholz

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

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

The House agreed to the full title.

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. 1216, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," (MCL 324.101 to 324.90106) by adding section 3112c.

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 and Outdoor Recreation,

The substitute (H-1) 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. Middaugh moved that the bill be placed on its immediate passage.

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

______

Rep. Middaugh moved that Rep. Raczkowski 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. 1216, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," (MCL 324.101 to 324.90106) by adding section 3112c.

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

Roll Call No. 792 Yeas--102

Allen Ehardt Kowall Rison

Baird Faunce Kuipers Rivet

Basham Frank Kukuk Rocca

Birkholz Garcia LaForge Sanborn

Bisbee Gieleghem LaSata Schauer

Bishop Gilbert Law Schermesser

Bogardus Godchaux Lemmons Scranton

Bovin Gosselin Lockwood Shackleton

Bradstreet Green Martinez Sheltrown

Brater Hager Mead Shulman

Brewer Hale Middaugh Spade

Brown, B. Hanley Minore Stallworth

Brown, C. Hansen Mortimer Stamas

Byl Hardman Neumann Switalski

Callahan Hart O'Neil Tabor

Cassis Howell Pappageorge Thomas

Caul Jacobs Patterson Toy

Cherry Jamnick Pestka Van Woerkom

Clark, I. Jansen Price Vander Roest

Clarke, H. Jelinek Prusi Vaughn

Daniels Jellema Pumford Vear

DeHart Johnson, Rick Quarles Voorhees

Dennis Julian Reeves Wojno

DeRossett Kelly Richardville Woodward

DeVuyst Kilpatrick Richner Woronchak

DeWeese Koetje

Nays--0

In The Chair: Birkholz

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

The House agreed to the full title.

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

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

By unanimous consent the House returned to the order of

Messages from the Senate

The Senate requested the return of

House Bill No. 4007, entitled

A bill to amend 1974 PA 369, entitled "An act to regulate the business of conducting a driver training school; to require licenses in relation thereto; to prescribe certain fees; to prescribe the powers and duties of certain persons and state departments; and to prescribe remedies and penalties," by amending sections 5 and 5b (MCL 256.605 and 256.605b), section 5 as amended and section 5b as added by 1998 PA 11.

Rep. Middaugh moved that the request of the Senate be granted.

The motion prevailed.

House Bill No. 5573, entitled

A bill to amend 1980 PA 350, entitled "The nonprofit health care corporation reform act," by amending section 404 (MCL 550.1404), as amended by 1996 PA 516.

The Senate has amended the bill as follows:

1. Amend page 2, line 7, after "than" by striking out "25" and inserting "35".

2. Amend page 2, line 11, by striking out "25-CALENDAR-DAY" and inserting "35-CALENDAR-DAY".

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

The Speaker announced that pursuant to Rule 45, the bill was laid over one day.

Rep. Middaugh moved that Rule 45 be suspended.

The motion prevailed, 3/5 of the members present voting therefor.

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

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

Roll Call No. 793 Yeas--64

Allen Faunce Koetje Richner

Baird Garcia Kowall Rocca

Birkholz Geiger Kuipers Sanborn

Bisbee Gilbert Kukuk Schermesser

Bishop Godchaux LaSata Scranton

Bradstreet Gosselin Law Shackleton

Brown, B. Green Mead Shulman

Brown, C. Hager Middaugh Stamas

Byl Hart Mortimer Tabor

Cassis Howell O'Neil Thomas

Caul Jansen Pappageorge Toy

DeHart Jelinek Patterson Van Woerkom

DeRossett Jellema Perricone Vander Roest

DeVuyst Johnson, Rick Pumford Vear

DeWeese Julian Raczkowski Voorhees

Ehardt Kilpatrick Richardville Woronchak

Nays--42

Basham Frank Lockwood Rivet

Bogardus Gieleghem Martinez Schauer

Bovin Hale Minore Sheltrown

Brater Hanley Neumann Spade

Brewer Hansen Pestka Stallworth

Callahan Hardman Price Switalski

Cherry Jacobs Prusi Tesanovich

Clark, I. Jamnick Quarles Vaughn

Clarke, H. Kelly Reeves Wojno

Daniels LaForge Rison Woodward

Dennis Lemmons

In The Chair: Birkholz

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.

______

Reps. Vaughn, Lemmons, Jacobs, Clarke, Hardman, Woodward, Dennis, Clark, Basham, Minore, Jamnick, Lockwood, Callahan and Wojno having reserved the right to explain their nay vote, made the following statement:

"Mr. Speaker and members of the House:

I voted no on HB 5573 because this bill is part of a package that is not true HMO reform. It institutes too much bureaucracy. It shuts doctors out of decision making. It fails to give patients any recourse through the courts if they are harmed because their HMO denied them necessary medical treatment. The package reinforces a system where bureaucrats have more power over health decisions that doctors, where seriously ill patients and their families are forced to deal with a cumbersome bureaucracy, and where people who are injured are denied their day in court. This is not the HMO reform the people of Michigan expect and deserve from their state legislature."

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

"Mr. Speaker and members of the House:

I voted no on HB 5573 concurrence because this bill is part of a package that is not true HMO reform. It institutes too much bureaucracy. It shuts doctors out of decision making. It fails to give patients any recourse through the courts if they are harmed because their HMO denied them necessary medical treatment. The package reinforces a system where bureaucrats have more power over health decisions that doctors, where seriously ill patients and their families are forced to deal with a cumbersome bureaucracy, and where people who are injured are denied their day in court. This is not the HMO reform the people of Michigan expect and deserve from their state legislature."

House Bill No. 5576, entitled

A bill to provide review of certain health care coverage adverse determinations made by health carriers; to prescribe eligibility, powers, and duties of certain independent review organizations; to prescribe the powers and duties of certain health carriers; to prescribe the powers and duties of certain persons; to prescribe the powers and duties of certain state officials; to provide for the reporting of certain information; to provide fees; and to provide penalties for violations of this act.

The Senate has amended the bill as follows:

1. Amend page 8, line 4, after "review" by inserting "for an adverse determination issued before the service is provided to a covered person".

2. Amend page 8, line 6, after " (a) " by striking out the balance of the line and inserting "A".

3. Amend page 8, line 7, after "of' by inserting "all of".

4. Amend page 8, line 22, after "within" by striking out the balance of the line through "agreed" on line 26 and inserting "the required time and without the covered person or the covered person's authorized representative requesting or agreeing".

5. Amend page 9, following line 17, by inserting:

"(4) The written notice of the right to request an external review for an adverse determination issued after the service was provided to the covered person shall be in plain English, shall include the standard external review procedures information required in subsection (3), and shall be provided to the covered person in the manner prescribed by the commissioner.".

6. Amend page 15, line 24, after "7" by inserting "business".

7. Amend page 29, line 3, after "violation." by striking out the balance of the subdivision.

8. Amend page 29, following line 9, by inserting:

"(2) If the commissioner finds that a health carrier has deliberately refused to pay for a covered benefit, the commissioner may order any of the following:

(a) For a first offense, payment of a civil fine of not more than $25,000.00 and recovery of the cost of the investigation.

(b) For a second offense, payment of a civil fine of not more than $50,000.00 and recovery of the cost of the investigation.

(c) For a third or subsequent offense or if the commissioner determines that the health carrier has deliberately engaged in a pattern of refusing to pay for a covered benefit, both of the following:

(i) The greater of the following:

(A) Payment of a civil fine of not more than $280,000.00.

(B) Payment of a civil fine which shall be the amount of the health carrier's total liability for the covered benefits denied.

(ii) Recovery of the cost of the investigation.

(3) A fine collected under this section shall be placed in the cancer clinical trials fund created in subsection (7)." and renumbering the remaining subsections.

9. Amend page 29, line 24, after "both." by striking out the balance of the subsection.

10. Amend page 30, following line 3, by inserting:

"(7) The cancer clinical trials fund is created as a separate fund in the state treasury. The money in the fund shall be used as provided in this subsection. The state treasurer shall credit to the cancer clinical trials fund all fines collected under this section. The state treasurer may invest money in the fund in any manner authorized by law for the investment of state money, and earnings shall be credited to the fund. Money may be appropriated from the fund to hospitals, outpatient oncology centers, and other facilities located in this state involved in national institutes of health phase III or IV cancer clinical trials that apply for fund money to partially defray costs of patient participation in cancer clinical trials not covered by pharmaceutical manufacturers or health carriers. Money may be appropriated from the fund in amounts that shall not exceed $5,000.00 per facility per year. Money in the cancer clinical trials fund at the close of the fiscal year shall remain in the fund and shall not lapse to the general fund.".

The Senate has passed the bill as amended, ordered that it be given immediate effect and amended the title to read as follows:

A bill to provide review of certain health care coverage adverse determinations made by health carriers; to prescribe eligibility, powers, and duties of certain independent review organizations; to prescribe the powers and duties of certain health carriers; to prescribe the powers and duties of certain persons; to prescribe the powers and duties of certain state officials; to provide for the reporting of certain information; to establish the cancer clinical trials fund; to provide fees; and to provide penalties for violations of this act.

The Speaker announced that pursuant to Rule 45, the bill was laid over one day.

Rep. Middaugh moved that Rule 45 be suspended.

The motion prevailed, 3/5 of the members present voting therefor.

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

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

Roll Call No. 794 Yeas--57

Allen Geiger Kowall Richner

Birkholz Gilbert Kuipers Rocca

Bisbee Godchaux Kukuk Sanborn

Bishop Gosselin LaSata Scranton

Bradstreet Green Law Shackleton

Brown, C. Hager Mead Shulman

Byl Hart Middaugh Stamas

Cassis Howell Mortimer Tabor

Caul Jansen Pappageorge Toy

DeRossett Jelinek Patterson Van Woerkom

DeVuyst Jellema Perricone Vander Roest

DeWeese Johnson, Rick Pumford Vear

Ehardt Julian Raczkowski Voorhees

Faunce Koetje Richardville Woronchak

Garcia

Nays--45

Baird Dennis Lemmons Rison

Basham Frank Lockwood Rivet

Bogardus Gieleghem Martinez Schauer

Bovin Hale Minore Schermesser

Brater Hanley Neumann Sheltrown

Brewer Hansen O'Neil Spade

Callahan Hardman Pestka Switalski

Cherry Jacobs Price Tesanovich

Clark, I. Jamnick Prusi Vaughn

Clarke, H. Kelly Quarles Wojno

Daniels LaForge Reeves Woodward

DeHart

In The Chair: Birkholz

The House agreed to the title as amended.

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

______

Reps. Dennis, Lockwood, Callahan, Clark, Hardman, Basham, Jamnick, Minore, Jacobs, Lemmons, Woodward and Wojno having reserved the right to explain his nay vote, made the following statement:

"Mr. Speaker and members of the House:

I voted no on HB 5576 because this bill is part of a package that is not true HMO reform. It institutes too much bureaucracy. It shuts doctors out of decision making. It fails to give patients any recourse through the courts if they are harmed because their HMO denied them necessary medical treatment. The package reinforces a system where bureaucrats have more power over health decisions that doctors, where seriously ill patients and their families are forced to deal with a cumbersome bureaucracy, and where people who are injured are denied their day in court. This is not the HMO reform the people of Michigan expect and deserve from their state legislature."

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

"Mr. Speaker and members of the House:

I voted no on HB 5576 concurrence because this bill is part of a package that is not true HMO reform. It institutes too much bureaucracy. It shuts doctors out of decision making. It fails to give patients any recourse through the courts if they are harmed because their HMO denied them necessary medical treatment. The package reinforces a system where bureaucrats have more power over health decisions that doctors, where seriously ill patients and their families are forced to deal with a cumbersome bureaucracy, and where people who are injured are denied their day in court. This is not the HMO reform the people of Michigan expect and deserve from their state legislature."

House Bill No. 5572, entitled

A bill to amend 1956 PA 218, entitled "The insurance code of 1956," (MCL 500.100 to 500.8302) by adding section 3580.

The Senate has amended the bill as follows:

1. Amend page 2, line 20, after "ORGANIZATIONS." by inserting "THE COMMISSIONER SHALL PROMOTE AND PUBLICIZE TO THE GENERAL PUBLIC THE EXISTENCE OF THE ANNUAL CONSUMER GUIDE.".

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

The Speaker announced that pursuant to Rule 45, the bill was laid over one day.

Rep. Middaugh moved that Rule 45 be suspended.

The motion prevailed, 3/5 of the members present voting therefor.

The question being on concurring in the amendment made to the bill by the Senate,

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

Roll Call No. 795 Yeas--103

Allen Ehardt Kowall Rison

Baird Faunce Kuipers Rivet

Basham Frank Kukuk Rocca

Birkholz Garcia LaForge Sanborn

Bisbee Geiger LaSata Schauer

Bishop Gieleghem Law Schermesser

Bogardus Gilbert Lemmons Scranton

Bovin Godchaux Lockwood Shackleton

Bradstreet Gosselin Martinez Sheltrown

Brater Green Mead Shulman

Brewer Hager Middaugh Spade

Brown, B. Hale Minore Stamas

Brown, C. Hanley Neumann Switalski

Byl Hansen O'Neil Tabor

Callahan Hardman Pappageorge Tesanovich

Cassis Hart Patterson Thomas

Caul Howell Perricone Toy

Cherry Jacobs Pestka Van Woerkom

Clark, I. Jamnick Price Vander Roest

Clarke, H. Jansen Prusi Vaughn

Daniels Jelinek Pumford Vear

DeHart Jellema Quarles Voorhees

Dennis Johnson, Rick Raczkowski Wojno

DeRossett Julian Reeves Woodward

DeVuyst Kelly Richardville Woronchak

DeWeese Koetje Richner

Nays--0

In The Chair: Birkholz

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.

Senate Bill No. 1209, entitled

A bill to amend 1956 PA 218, entitled "An act to revise, consolidate, and classify the laws relating to the insurance and surety business; to regulate the incorporation or formation of domestic insurance and surety companies and associations and the admission of foreign and alien companies and associations; to provide their rights, powers, and immunities and to prescribe the conditions on which companies and associations organized, existing, or authorized under this act may exercise their powers; to provide the rights, powers, and immunities and to prescribe the conditions on which other persons, firms, corporations, associations, risk retention groups, and purchasing groups engaged in an insurance or surety business may exercise their powers; to provide for the imposition of a privilege fee on domestic insurance companies and associations and the state accident fund; to provide for the imposition of a tax on the business of foreign and alien companies and associations; to provide for the imposition of a tax on risk retention groups and purchasing groups; to provide for the imposition of a tax on the business of surplus line agents; to provide for the imposition of regulatory fees on certain insurers; to modify tort liability arising out of certain accidents; to provide for limited actions with respect to that modified tort liability and to prescribe certain procedures for maintaining those actions; to require security for losses arising out of certain accidents; to provide for the continued availability and affordability of automobile insurance and homeowners insurance in this state and to facilitate the purchase of that insurance by all residents of this state at fair and reasonable rates; to provide for certain reporting with respect to insurance and with respect to certain claims against uninsured or self-insured persons; to prescribe duties for certain state departments and officers with respect to that reporting; to provide for certain assessments; to establish and continue certain state insurance funds; to modify and clarify the status, rights, powers, duties, and operations of the nonprofit malpractice insurance fund; to provide for the departmental supervision and regulation of the insurance and surety business within this state; to provide for regulation over worker's compensation self-insurers; to provide for the conservation, rehabilitation, or liquidation of unsound or insolvent insurers; to provide for the protection of policyholders, claimants, and creditors of unsound or insolvent insurers; to provide for associations of insurers to protect policyholders and claimants in the event of insurer insolvencies; to prescribe educational requirements for insurance agents and solicitors; to provide for the regulation of multiple employer welfare arrangements; to create an automobile theft prevention authority to reduce the number of automobile thefts in this state; to prescribe the powers and duties of the automobile theft prevention authority; to provide certain powers and duties upon certain officials, departments, and authorities of this state; to repeal acts and parts of acts; and to provide penalties for the violation of this act," by amending sections 102, 224, 240, and 2213 (MCL 500.102, 500.224, 500.240, and 500.2213), section 224 as amended by 1998 PA 121, section 240 as amended by 1987 PA 261, and section 2213 as added by 1996 PA 517, and by adding chapter 35; and to repeal acts and parts of acts.

The Senate has amended the House amendment as follows:

1. Amend House Amendment No. 1, page 13, line 13, after "inserting" by striking out "25" and inserting "35".

2. Amend House Amendment No. 2, page 13, line 15, after "inserting" by striking out "25-CALENDAR-DAY" and inserting "35-CALENDAR-DAY".

3. Amend House Amendment No. 3, page 13, line 17, after "EXCEED" by striking out "5" and inserting "10".

The Senate has concurred in the House amendments as amended, ordered that it be given immediate effect and agreed to the full title.

The Speaker announced that pursuant to Rule 45, the bill was laid over one day.

Rep. Middaugh moved that Rule 45 be suspended.

The motion prevailed, 3/5 of the members present voting therefor.

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

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

Roll Call No. 796 Yeas--57

Allen Geiger Kowall Richner

Birkholz Gilbert Kuipers Rocca

Bisbee Godchaux Kukuk Sanborn

Bishop Gosselin LaSata Scranton

Bradstreet Green Law Shackleton

Brown, C. Hager Mead Shulman

Byl Hart Middaugh Stamas

Cassis Howell Mortimer Tabor

Caul Jansen Pappageorge Toy

DeRossett Jelinek Patterson Van Woerkom

DeVuyst Jellema Perricone Vander Roest

DeWeese Johnson, Rick Pumford Vear

Ehardt Julian Raczkowski Voorhees

Faunce Koetje Richardville Woronchak

Garcia

Nays--46

Baird Dennis Lockwood Rivet

Basham Frank Martinez Schauer

Bogardus Gieleghem Minore Schermesser

Bovin Hale Neumann Sheltrown

Brater Hanley O'Neil Spade

Brewer Hansen Pestka Stallworth

Callahan Hardman Price Switalski

Cherry Jacobs Prusi Tesanovich

Clark, I. Jamnick Quarles Vaughn

Clarke, H. Kelly Reeves Wojno

Daniels LaForge Rison Woodward

DeHart Lemmons

In The Chair: Birkholz

The House agreed to the full title of the bill.

______

Reps. Woodward, Lemmons, Dennis, Quarles, Lockwood, Callahan, Wojno, Jacobs, Vaughn, Hardman, Minore, Clark, Basham, Bogardus, Reeves and Jamnick having reserved the right to explain their nay vote, made the following statement:

"Mr. Speaker and members of the House:

I voted no on SB 1209 because this bill is part of a package that is not true HMO reform. It institutes too much bureaucracy. It shuts doctors out of decision making. It fails to give patients any recourse through the courts if they are harmed because their HMO denied them necessary medical treatment. The package reinforces a system where bureaucrats have more power over health decisions that doctors, where seriously ill patients and their families are forced to deal with a cumbersome bureaucracy, and where people who are injured are denied their day in court. This is not the HMO reform the people of Michigan expect and deserve from their state legislature."

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

"Mr. Speaker and members of the House:

I voted no on SB 1209 concurrence because this bill is part of a package that is not true HMO reform. It institutes too much bureaucracy. It shuts doctors out of decision making. It fails to give patients any recourse through the courts if they are harmed because their HMO denied them necessary medical treatment. The package reinforces a system where bureaucrats have more power over health decisions that doctors, where seriously ill patients and their families are forced to deal with a cumbersome bureaucracy, and where people who are injured are denied their day in court. This is not the HMO reform the people of Michigan expect and deserve from their state legislature."

By unanimous consent the House returned to the order of

Reports of Select Committees

The Speaker laid before the House the conference report relative to

House Bill No. 5275, entitled

A bill to make appropriations for the department of consumer and industry services and certain other state purposes for the fiscal year ending September 30, 2001; to provide for the expenditure of those appropriations; to provide for the imposition of certain fees; to provide for the disposition of fees and other income received by the state agencies; to provide for reports to certain persons; and to prescribe powers and duties of certain state departments and certain state and local agencies and officers.

(The conference report was reported by the conference committee on June 7, consideration of which, under the rules, was postponed until today.)

(For conference report, see House Journal No. 54, p. 1620.)

The question being on the adoption of the conference report,

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

Roll Call No. 797 Yeas--16

Bisbee Hart Kukuk Scranton

Byl Howell Pestka Stamas

Faunce Jansen Raczkowski Tabor

Godchaux Jellema Richardville Thomas

Nays--87

Allen DeWeese Kuipers Rivet

Basham Ehardt LaForge Rocca

Birkholz Frank LaSata Sanborn

Bishop Garcia Law Schauer

Bogardus Geiger Lemmons Schermesser

Bovin Gieleghem Lockwood Shackleton

Bradstreet Gilbert Martinez Sheltrown

Brater Gosselin Mead Shulman

Brewer Green Middaugh Spade

Brown, B. Hager Minore Stallworth

Brown, C. Hale Mortimer Switalski

Callahan Hanley Neumann Tesanovich

Cassis Hansen O'Neil Toy

Caul Hardman Pappageorge Van Woerkom

Cherry Jacobs Patterson Vander Roest

Clark, I. Jamnick Perricone Vaughn

Clarke, H. Jelinek Price Vear

Daniels Johnson, Rick Prusi Voorhees

DeHart Julian Pumford Wojno

Dennis Kelly Quarles Woodward

DeRossett Kilpatrick Reeves Woronchak

DeVuyst Koetje Rison

In The Chair: Birkholz

Messages from the Senate

House Bill No. 5833, entitled

A bill to amend 1961 PA 108, entitled "An act to provide for loans by the state of Michigan to school districts for the payment of principal and interest upon school bonds; to prescribe the terms and conditions of the loans and the conditions upon which levies for bond principal and interest shall be included in computing the amount to be so loaned by the state; to prescribe the powers and duties of the superintendent of public instruction and the state treasurer in relation to such loans; to provide for the repayment of such loans; to provide incentives for repayment of such loans; to provide for other matters in respect to such loans; and to make an appropriation," by amending the title and sections 1, 2, 3, 4, 4a, 5, 6, 7, 8, 9, 9b, 10, 10a, 11, and 12 (MCL 388.951, 388.952, 388.953, 388.954, 388.954a, 388.955, 388.956, 388.957, 388.958, 388.959, 388.959b, 388.960, 388.960a, 388.961, and 388.962), the title and sections 6 and 9 as amended and section 9b as added by 1991 PA 65, sections 2, 4, and 11 as amended by 1992 PA 228, section 3 as amended by 1985 PA 25, section 4a as amended by 1991 PA 22, section 5 as amended by 1983 PA 124, and section 10 as amended and section 10a as added by 1989 PA 6, and by adding sections 1a, 9c, 10b, 10c, and 11a; and to repeal acts and parts of acts.

The Senate has substituted (S-1) the bill.

The Senate has passed the bill as substituted (S-1) and ordered that it be given immediate effect.

The Speaker announced that pursuant to Rule 45, the bill was laid over one day.

House Bill No. 5802, entitled

A bill to amend 1976 PA 451, entitled "The revised school code," by amending sections 1310, 1310a, 1311a, and 1473 (MCL 380.1310, 380.1310a, 380.1311a, and 380.1473), sections 1310 and 1310a as added by 1999 PA 102, section 1311a as added by 1999 PA 104, and section 1473 as added by 1996 PA 159, and by adding sections 1280b, 1282a, and 1531e and part 20B.

The Senate has amended the bill as follows:

1. Amend page 1, following "THE PEOPLE OF THE STATE OF MICHIGAN ENACT:" by inserting:

"Sec. 371. As used in this part:

(a) "Chief executive officer", EXCEPT AS USED IN SUBDIVISION (B), means the chief executive officer appointed for a qualifying school district under section 374.

(b) "Mayor" means the ~~mayor~~ CHIEF EXECUTIVE OFFICER of the city, ~~in which~~ VILLAGE, OR TOWNSHIP WITH THE GREATEST POPULATION AS OF THE MOST RECENT DECENNIAL CENSUS LOCATED WITHIN THE BOUNDARIES OF a qualifying school district. ~~is located.~~

Sec. 372. (1) Not later than ~~30 days after the effective date of the amendatory act that added this part~~ APRIL 25, 1999 OR, IF A QUALIFYING SCHOOL DISTRICT BECOMES A SCHOOL DISTRICT OF THE FIRST CLASS AFTER APRIL 25, 1999, NOT LATER THAN 30 DAYS AFTER THE DATE THE QUALIFYING SCHOOL DISTRICT BECOMES A SCHOOL DISTRICT OF THE FIRST CLASS, the mayor shall appoint a school reform board for a qualifying school district.

(2) A school reform board established under this section shall consist of the following 7 members:

(a) Six members appointed by the mayor.

(b) For a period of 5 years after the ~~effective date of the amendatory act that added this part~~ DATE OF THE INITIAL APPOINTMENT OF THE MEMBERS OF THE SCHOOL REFORM BOARD APPOINTED UNDER SUBDIVISION (A), the superintendent of public instruction or his or her designee. After this period, the mayor shall appoint the seventh member of the school reform board.

(3) A person who is a current member of the elected school board of a qualifying school district is not eligible for appointment as a member of the school reform board for that qualifying school district. Section 1101(1) does not disqualify any person from appointment to a school reform board under this section or from appointment as an officer under section 374. However, at least a majority of the appointed members of a school reform board must be school electors of the qualifying school district.

(4) Except for the superintendent of public instruction or his or her designee, members of a school reform board shall serve at the will of the mayor. The term of an appointed member shall be 4 years, except that of the members first appointed under subsection (2)(a), 2 shall be appointed for a term of 2 years, 2 shall be appointed for a term of 3 years, and 2 shall be appointed for a term of 4 years.

(5) If a member of a school reform board is removed from office by the mayor or is unable to complete his or her term, the mayor shall appoint a successor for the balance of the unexpired term. At the end of a member's term, the mayor shall appoint a successor or reappoint the member.

(6) The mayor shall call the first meeting of the school reform board and shall designate a chairperson of the school reform board from among its members. If there is a vacancy in the office of chairperson, the mayor shall designate a successor.

(7) At the first meeting of the school reform board, the school reform board may elect from among its members other officers as it considers necessary or appropriate. After the first meeting, the school reform board shall meet at least monthly, or more frequently at the call of the chairperson or if requested by 4 or more members.

(8) A majority of the members of the school reform board constitute a quorum for the transaction of business at a meeting of the school reform board. A majority of the members present and serving are required for official action of the school reform board.

(9) Members of the school reform board shall serve without compensation. However, members may be reimbursed for their actual and necessary expenses incurred in the performance of their official duties as members of the school reform board.

Sec. 373. (1) Beginning on the effective date of the amendatory act that added this part OR THE DATE ON WHICH A SCHOOL DISTRICT BECOMES A QUALIFYING SCHOOL DISTRICT, the powers and duties of the elected school board of the qualifying school district and of its secretary and treasurer are suspended unless and until a new school board is elected under section 375. However, until the expiration of each individual member's current term, the members of the elected school board of a qualifying school district may continue to meet as an advisory board to provide input to the school reform board on an advisory basis only. Notwithstanding section 417a or any board policy, bylaw, or resolution to the contrary, these advisory board members shall serve without compensation or reimbursement, and funds of the qualifying school district shall not be used to staff or otherwise support the advisory board in any way.

(2) Beginning on the effective date of the amendatory act that added this part OR THE DATE ON WHICH A SCHOOL DISTRICT BECOMES A QUALIFYING SCHOOL DISTRICT, and until appointment of a school reform board for a qualifying school district under this part, all provisions of this act that would otherwise apply to the school board of the qualifying school district or to the school reform board or chief executive officer apply to the mayor, and the mayor immediately may exercise all the powers and duties otherwise vested by law in the board of the qualifying school district and in its secretary and treasurer, and all powers and duties of the school reform board or chief executive officer as provided under this part. Within 30 days after appointing a school reform board under this part, the mayor shall initiate a financial audit of the qualifying school district. The mayor shall provide the results of this audit to the school reform board.

(3) Upon appointment of a school reform board for a qualifying school district under this part, and until appointment of a chief executive officer under section 374, all provisions of this act that would otherwise apply to the school board of the qualifying school district or to the chief executive officer apply to the school reform board, and the school reform board immediately may exercise all the powers and duties otherwise vested by law in the board of the qualifying school district and in its secretary and treasurer, and all powers and duties of the chief executive officer as provided under this part.

(4) Upon appointment of a chief executive officer for a qualifying school district under section 374, all provisions of this act that would otherwise apply to the elected school board of the qualifying school district apply to the chief executive officer; the chief executive officer immediately may exercise all the powers and duties otherwise vested by law in the elected school board of the qualifying school district and in its secretary and treasurer, and all additional powers and duties provided under this part; and the chief executive officer accedes to all the rights, duties, and obligations of the elected school board of the qualifying school district. These powers, rights, duties, and obligations include, but are not limited to, all of the following:

(a) Authority over the expenditure of all school district funds, including proceeds from bonded indebtedness and other funds dedicated to capital projects.

(b) Rights and obligations under collective bargaining agreements and employment contracts entered into by the elected school board, except for employment contracts of those employees described in subsection (6).

(d) Obligations under any judgments entered against the elected school board.

(e) Rights and obligations under statute, rule, and common law.

(f) Authority to delegate any of the chief executive officer's powers and duties to 1 or more designees, with proper supervision by the school reform board.

(5) In addition to his or her other powers, the chief executive officer appointed under this part may terminate any contract entered into by the elected school board of the qualifying school district except for a collective bargaining agreement. However, this subsection does not allow any termination or diminishment of obligations to pay debt service on legally authorized bonds. A contract terminated by a chief executive officer under this subsection is void.

(6) Beginning on the effective date of the amendatory act that added this part OR THE DATE ON WHICH A SCHOOL DISTRICT BECOMES A QUALIFYING SCHOOL DISTRICT, and until appointment of a school reform board for a qualifying school district under this part, each employee of the qualifying school district whose position is not covered by a collective bargaining agreement is employed at the will of the mayor. Upon appointment of a school reform board for a qualifying school district under this part, and until appointment of a chief executive officer under section 374, each employee of the qualifying school district whose position is not covered by a collective bargaining agreement is employed at the will of the school reform board. Upon appointment of a chief executive officer for a qualifying school district under section 374, each employee of the qualifying school district whose position is not covered by a collective bargaining agreement is employed at the will of the chief executive officer.

(7) Not later than 90 days after the initial appointment of a chief executive officer under this part, and at least annually thereafter, the chief executive officer with the approval of the school reform board shall develop and submit to the school district accountability board created in section 376 a school district improvement plan that includes at least detailed academic, financial, capital, and operational goals and benchmarks for improvement and a description of strategies to be used to accomplish those goals and benchmarks. The plan also shall include an assessment of available resources and recommendations concerning additional resources or changes in statute or rule, if any, needed to meet those goals and benchmarks. The plan also shall include an evaluation of local school governance issues, including criteria for establishing building-level governance.

(8) A chief executive officer with the approval of the school reform board for the qualifying school district shall submit an annual report to the mayor, governor, school district accountability board created in section 376, and legislature and shall make the annual report available to the community in the qualifying school district. The annual report shall contain at least all of the following:

(a) A summary of the initiatives that have been implemented to improve school quality in the qualifying school district.

(b) Measurements that may be useful in determining improvements in school quality in the qualifying school district. These measurements shall indicate changes from baseline data from the school year before the appointment of the school reform board, and shall include at least all of the following:

(i) Standardized test scores of pupils.

(ii) Dropout rates.

(iii) Daily attendance figures.

(iv) Enrollment figures.

(v) High school completion and other pertinent completion rates.

(vi) Changes made in course offerings.

(vii) Proportion of school district resources devoted to direct educational services.

(c) A description of long-term performance goals that may include statewide averages or comparable measures of long-term improvement.

(9) A school reform board may organize and establish community assistance teams to work with the school reform board to implement a cohesive, full service community school program addressing the needs and concerns of the qualifying school district's population. The school reform board may delegate to a community assistance team the authority to devise and implement family, community, cultural, and recreational activities to assure that the academic mission of the schools is successful. The community assistance teams may also develop parental involvement activities that focus on the encouragement of voluntary parenting education, enhancing parent and family involvement in education, and promoting adult and family literacy.

(10) The mayor, superintendent of public instruction, state board, school district accountability board created in section 376, this state, the city in which a qualifying school district is located, a school reform board established under this part, or a chief executive officer or other officer appointed under section 374 is not liable for any obligation of or claim against a qualifying school district resulting from an action taken under this part.

Sec. 374a. For a period of 1 year after leaving office, a member of a school reform board appointed under this part or a chief executive officer of a qualifying school district or another officer appointed under section 374 is ineligible for election or appointment to any elective office of the qualifying school district or of ~~the~~ A city, VILLAGE, OR TOWNSHIP in which ANY PORTION OF the qualifying school district is located.

Sec. 402. A school district that has a pupil membership of at least 100,000 enrolled on the most recent pupil membership count day is a ~~single~~ first class school district governed by this part.".

2. Amend page 18, line 22, after "(3)" by inserting "EACH SCHOOL BUILDING SHALL COLLECT AND KEEP CURRENT ON A WEEKLY BASIS THE INFORMATION REQUIRED FOR THE REPORT UNDER SUBSECTION (2) AND MUST PROVIDE THAT INFORMATION, WITHIN 7 DAYS, UPON REQUEST.".

3. Amend page 18, line 23, after "copy" by inserting "DISAGGREGATED BY SCHOOL BUILDING,".

4. Amend page 30, following line 24, by inserting:

"Enacting section 1. The amendments made by this amendatory act to sections 371, 372, 373, 374a, and 402 of the revised school code, 1976 PA 451, MCL 380.371, 380.372, 380.373, 380.374a, and 380.402, are intended to reaffirm the legislature's initial intent to apply those sections and part 5a and sections 449 and 471a of the revised school code, 1976 PA 451, MCL 380.371 to 380.376, 380.449, and 380.471a to any school district that was a qualifying school district under part 5a of the revised school code at the time of enactment of 1999 PA 10 or that may thereafter become a qualifying school district under part 5a of the revised school code.".

The Senate has passed the bill as amended, ordered that it be given immediate effect and amended the title to read as follows:

A bill to amend 1976 PA 451, entitled "An act to provide a system of public instruction and elementary and secondary schools; to revise, consolidate, and clarify the laws relating to elementary and secondary education; to provide for the organization, regulation, and maintenance of schools, school districts, public school academies, and intermediate school districts; to prescribe rights, powers, duties, and privileges of schools, school districts, public school academies, and intermediate school districts; to provide for the regulation of school teachers and certain other school employees; to provide for school elections and to prescribe powers and duties with respect thereto; to provide for the levy and collection of taxes; to provide for the borrowing of money and issuance of bonds and other evidences of indebtedness; to establish a fund and provide for expenditures from that fund; to provide for and prescribe the powers and duties of certain state departments, the state board of education, and certain other boards and officials; to provide for licensure of boarding schools; to prescribe penalties; and to repeal acts and parts of acts, by amending sections 371, 372, 373, 374a, 402, 1310, 1310a, 1311a, and 1473 (MCL 380.371, 380.372, 380.373, 380.374a, 380.402, 380.1310, 380.1310a, 380.1311a, and 380.1473), sections 371, 372, 373, and 374a as added and section 402 as amended by 1999 PA 10, sections 1310 and 1310a as added by 1999 PA 102, section 1311a as added by 1999 PA 104, and section 1473 as added by 1996 PA 159, and by adding sections 1280b, 1282a, and 1531e and part 20B.

The Speaker announced that pursuant to Rule 45, the bill was laid over one day.

Rep. Raczkowski moved that Rule 45 be suspended.

The motion prevailed, 3/5 of the members present voting therefor.

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

Rep. Hansen moved to amend the Senate amendments as follows:

1. Amend Senate amendment number 1, page 1, following "THE PEOPLE OF THE STATE OF MICHIGAN ENACT:" section 402, after "part" by inserting "THUS ELIGIBLE FOR REIMBURSEMENT OF IMPLEMENTATION COSTS UP TO 1.5% OF DISTRICT FUNDING".

The motion did not prevail and the amendment was not adopted, a majority of the members serving not voting therefor.

Rep. Lemmons moved to amend the Senate amendments as follows:

1. Amend Senate amendment number 1, page 1, following "THE PEOPLE OF THE STATE OF MICHIGAN ENACT" by striking out all of sections 371, 373, and 374a.

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

Rep. Lemmons demanded the yeas and nays.

The demand was supported.

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

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

Roll Call No. 798 Yeas--47

Basham Frank Lockwood Schauer

Bogardus Gieleghem Martinez Schermesser

Bovin Hale Minore Sheltrown

Brater Hanley Neumann Spade

Brewer Hansen O'Neil Stallworth

Brown, B. Hardman Pestka Switalski

Callahan Jacobs Price Tesanovich

Clark, I. Jamnick Prusi Thomas

Clarke, H. Kelly Quarles Vaughn

Daniels Kilpatrick Reeves Wojno

DeHart LaForge Rison Woodward

Dennis Lemmons Rivet

Nays--56

Allen Garcia Kowall Richner

Birkholz Geiger Kuipers Rocca

Bisbee Gilbert Kukuk Sanborn

Bishop Gosselin LaSata Scranton

Bradstreet Green Law Shackleton

Brown, C. Hager Mead Shulman

Byl Hart Middaugh Stamas

Cassis Howell Mortimer Tabor

Caul Jansen Pappageorge Toy

DeRossett Jelinek Patterson Van Woerkom

DeVuyst Jellema Perricone Vander Roest

DeWeese Johnson, Rick Pumford Vear

Ehardt Julian Raczkowski Voorhees

Faunce Koetje Richardville Woronchak

In The Chair: Birkholz

Rep. Lemmons moved to amend the Senate amendments as follows:

1. Amend Senate Amendment No. 1, page 1, following "THE PEOPLE OF THE STATE OF MICHIGAN ENACT:" section 371, after "Sec. 371." by inserting "(1) NOTWITHSTANDING ANY OTHER PROVISION OF THIS ACT, EFFECTIVE MARCH 1, 1999 EACH LOCAL SCHOOL DISTRICT IN THIS STATE SHALL BE GOVERNED BY A LOCALLY ELECTED SCHOOL BOARD. FURTHER, ANY LEGISLATION THAT HAS THE EFFECT OF REMOVING A LOCALLY ELECTED SCHOOL BOARD OR OF LIMITING ITS POWER AND RIGHT TO GOVERN THE SCHOOL DISTRICT MAY BE APPROVED BY A 2/3 VOTE IN EACH HOUSE AND BY A MAJORITY OF THE ELECTORS VOTING THEREON IN THE SCHOOL DISTRICT, AS REQUIRED FOR LOCAL ACTS BY SECTION 29 OF ARTICLE IV OF THE STATE CONSTITUTION OF 1963.

(2)".

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

Rep. Lemmons demanded the yeas and nays.

The demand was supported.

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

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

Roll Call No. 799 Yeas--46

Basham Dennis Lemmons Rivet

Bogardus Frank Lockwood Schermesser

Bovin Gieleghem Martinez Sheltrown

Brater Hale Minore Spade

Brewer Hanley Neumann Stallworth

Brown, B. Hansen O'Neil Switalski

Callahan Hardman Price Tesanovich

Cherry Jacobs Prusi Thomas

Clark, I. Jamnick Quarles Vaughn

Clarke, H. Kelly Reeves Wojno

Daniels Kilpatrick Rison Woodward

DeHart LaForge

Nays--56

Allen Garcia Kowall Richner

Birkholz Geiger Kuipers Rocca

Bisbee Gilbert Kukuk Sanborn

Bishop Gosselin LaSata Scranton

Bradstreet Green Law Shackleton

Brown, C. Hager Mead Shulman

Byl Hart Middaugh Stamas

Cassis Howell Mortimer Tabor

Caul Jansen Pappageorge Toy

DeRossett Jelinek Patterson Van Woerkom

DeVuyst Jellema Perricone Vander Roest

DeWeese Johnson, Rick Pumford Vear

Ehardt Julian Raczkowski Voorhees

Faunce Koetje Richardville Woronchak

In The Chair: Birkholz

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

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

Roll Call No. 800 Yeas--63

Allen Faunce Kuipers Richner

Birkholz Garcia Kukuk Rocca

Bisbee Geiger LaSata Sanborn

Bishop Gilbert Law Scranton

Bradstreet Gosselin Lockwood Shackleton

Brown, B. Green Mead Shulman

Brown, C. Hager Middaugh Spade

Byl Hart Mortimer Stamas

Callahan Howell Neumann Tabor

Cassis Jansen Pappageorge Toy

Caul Jelinek Patterson Van Woerkom

Cherry Jellema Perricone Vander Roest

DeRossett Johnson, Rick Pestka Vear

DeVuyst Julian Pumford Voorhees

DeWeese Koetje Raczkowski Woronchak

Ehardt Kowall Richardville

Nays--39

Basham Frank LaForge Schauer

Bogardus Gieleghem Martinez Schermesser

Bovin Hale Minore Sheltrown

Brater Hanley O'Neil Stallworth

Brewer Hansen Price Switalski

Clark, I. Hardman Prusi Tesanovich

Clarke, H. Jacobs Quarles Thomas

Daniels Jamnick Reeves Wojno

DeHart Kelly Rison Woodward

Dennis Kilpatrick Rivet

In The Chair: Birkholz

The House agreed to the title as amended.

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

______

Reps. Thomas, Clark, Bogardus, Jamnick, Brewer, Rison, Daniels, Jacobs, O'Neil, Clarke, Brater, Gieleghem, Quarles, Stallworth, Kilpatrick and Lemmons, having reserved the right to explain their nay vote, made the following statement:

"Mr. Speaker and members of the House:

I voted no on House Bill 5802 because the language added to this bill by the Senate is an attempt to cover up the unconstitutionality of Senate Bill 297. This language is obviously intended to stop an ongoing lawsuit challenging the validity of the Detroit school takeover legislation. The Michigan Constitution explicitly states that a local act must pass each chamber by a two thirds vote. The Detroit school takeover bill, Senate Bill 297, did not pass this House of Representatives by that margin. The language that the Senate added to House Bill 5802 only attempts to obscure this fact. Adding this language now does not change the fact that Senate Bill 297 only applied to one school district, did not pass by a two thirds vote, and therefore was unconstitutional. When Senate Bill 297 passed, the legislative intent clearly was that it applied only to Detroit. It only applied to first class school districts. Detroit was and is the only first class school district in the state. The passage of House Bill 5802 can not change this fact."

Rep. DeHart, having reserved the right to explain her nay vote, made the following statement:

"Mr. Speaker and members of the House:

I voted no on concurring to the Senate amendments to House Bill 5802 because the language added to this bill by the Senate is an attempt to cover up the unconstitutionality of Senate Bill 297. This language is obviously intended to stop an ongoing lawsuit challenging the validity of the Detroit school takeover legislation. The Michigan Constitution explicitly states that a local act must pass each chamber by a two thirds vote. The Detroit school takeover bill, Senate Bill 297, did not pass this House of Representatives by that margin. The language that the Senate added to House Bill 5802 only attempts to obscure this fact. Adding this language now does not change the fact that Senate Bill 297 only applied to one school district, did not pass by a two thirds vote, and therefore was unconstitutional. When Senate Bill 297 passed, the legislative intent clearly was that it applied only to Detroit. It only applied to first class school districts. Detroit was and is the only first class school district in the state. The passage of House Bill 5802 can not change this fact nor should it be used as a cover up for sins of the past."

Rep. Schermesser, having reserved the right to explain her nay vote, made the following statement:

"Mr. Speaker and members of the House:

I voted no on concurring on the Senate amendments to House Bill 5802 because the language added to this bill by the Senate is an attempt to cover up the unconstitutionality of Senate Bill 297. This language is obviously intended to stop an ongoing lawsuit challenging the validity of the Detroit school takeover legislation. The Michigan Constitution explicitly states that a local act must pass each chamber by a two thirds vote. The Detroit school takeover bill, Senate Bill 297, did not pass this House of Representatives by that margin. The language that the Senate added to House Bill 5802 only attempts to obscure this fact. Adding this language now does not change the fact that Senate Bill 297 only applied to one school district, did not pass by a two thirds vote, and therefore was unconstitutional. When Senate Bill 297 passed, the legislative intent clearly was that it applied only to Detroit. It only applied to first class school districts. Detroit was and is the only first class school district in the state. The passage of House Bill 5802 can not change this fact."

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

"Mr. Speaker and members of the House:

Otherwise sound public policy to establish a Michigan Virtual High School, conduct student testing at the early elementary level, to provide for temporary teacher licenses, and to clarify school violence policies has been undermined and obfuscated by these terrible, unconstitutional Senate amendments."

Reps. Basham, Minore, Wojno and Hale, having reserved the right to explain their nay vote, made the following statement:

"Mr. Speaker and members of the House:

I voted no on House Bill 5802 because the language added to this bill by the Senate appears to be an attempt to cover up the unconstitutionality of Senate Bill 297. This language is intended to stop an ongoing lawsuit challenging the validity of the Detroit school takeover legislation. The Michigan Constitution clearly states that a local act must pass each chamber by a two thirds vote. The Detroit school takeover bill, Senate Bill 297, did not pass by that margin. The language that the Senate added to House Bill 5802 obscures this illegality. Adding this language after the fact does not change the fact that Senate Bill 297 only applied to one school district, did not pass by a two thirds vote, and therefore was unconstitutional."

Rep. Reeves, having reserved the right to explain her nay vote, made the following statement:

"Mr. Speaker and members of the House:

The word of God says 'there is nothing covered that shall not be revealed; neither hid that shall not be known'."

Rep. Martinez, having reserved the right to explain her nay vote, made the following statement:

"Mr. Speaker and members of the House:

Mr. Speaker, I protest the passage of this bill because that it is simply a cynical attempt to correct errors that the Legialture made in providing for a state take-over of the Detroit Public Schools in Senate Bill 297. Seante Bill 297, adopted earlier in this Session, took control of the Detroit School Distict away from the locally eelcted board and put the State in charge of the District. While the Michigan Constitution requires a 2/3 vote of the House and the Senate in adopting local purpose legislation, this bill was adopted by a simple majority of the Legislature.

This action has subsequently been challenged in the courts. In Hosue Bill 5802, the Legislature is attempting to make the case that, because the District is being defined now by a description that can only apply to one district in the State, it is correcting the previous error. I opposed this action."

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

"Mr. Speaker and members of the House:

I voted no on this bill because 'smack dab in the middle' of this so called Virtual High School bill is the Lawsuit Amendment placed in by Senator Stille and approved by the house. How sad!

The school takeover thieves are running for cover. You know and I know that bill (SB 297) was aimed at Detroit and at Detroit only. We warned you at the time that this was a racist move aimed at our 1.5 Billion dollar bond issue and to take control of an education system that was finally beginning to improve and truly educate our children.

No. You decided you had to take over my school system and remove the voting rights of an entire population! Strange bedfellows rose together for this illegal act-The Governor, The Mayor of Detroit, The Unions, Administrators, Teachers, Democrats and Republicans all joined together to vacate my voting rights. How dare you? Now comes the Stille Lawsuit Amendment! Instead of getting angry I should perhaps thank you for helping the lawsuit. Yes this will actually help the lawsuit! It shows there is no integrity here nor at the time 297 was passed. This amendment attempts to create standards for the school takeover when you know there were no standards for the takeover of our schools.

More so this amendment, while trying to clean up a bad act, could very well be a takeover plan for any school district in the State of Michigan.

Why can't the takeover crew admit their failure and unconstitutional act in SB 297 and simply repeal that so called law? That would be the right thing to do. Trying to cover up is much worse than simply admitting SB 297 was bad public policy.

The Watergate cover up caused the loss of an American President that caused his party to loose their control of Congress. Now we have the 'Lansinggate' cover up that could well result in the loss of a governor and the loss of his party's control of the Michigan Legislature. This cover up won't work. It is destined to fail. And it just may take its supporters down with it! Thank you Mr. Speaker."

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

"Mr. Speaker and members of the House:

I voted no on HB 5802 because it attempts to rewrite history and claim that the legislature intended SB 297 to apply to all school districts. The legislation was written specifically for Detroit and only for Detroit. Earlier versions of the bill which included other districts were discarded and language crafted and members assured that it would only affect Detroit.

This continues a sad practice in the House of trying to comply with constitutional strictures be they the requirements for a 2/3 vote on local acts in this case, or the Headlee requirements in the Durant litigation, by after the fact assertions and misrepresentations."

Rep. Dennis, having reserved the right to explain her nay vote, made the following statement:

"Mr. Speaker and members of the House:

I voted no on House Bill 5802 because the language added to this bill is an attempt to cover up the unconstitutionality of Senate Bill 297. This language is obviously intended to stop an ongoing lawsuit challenging the validity of the Detroit school takeover legislation. Not only did I vote no for this reason, but I voted no because the legislature seems to pass laws that vacate lawsuits because it doesn't like the lawsuit. For these reasons, I voted no."

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

"Mr. Speaker and members of the House:

I voted no on concurance of House Bill 5802 because it did not come back from the Senate as it left the House originally. I very much support the vitual high school component of the bill and voted for it when it originally passed the House. But the senate added language to it that addresses a completely different issue - the takeover of the Detroit Public School District. This language was added to thwart a lawsuit that claims the takeover was unconstitutional. I believe these are two separate issues, and should be voted on seperately. It is for these reasons I voted not to concur with the Senate version of House Bill 5802."

The Senate returned, in accordance with the request of the House

Senate Bill No. 1013, entitled

A bill to amend 1974 PA 258, entitled "Mental health code," by amending section 226 (MCL 330.1226), as amended by 1998 PA 417.

Rep. Raczkowski moved that Rule 67 be suspended.

The motion prevailed, 3/5 of the members present voting therefor.

Rep. Raczkowski moved to reconsider the vote by which the House passed the bill.

The question being on the motion made by Rep. Raczkowski,

Rep. Raczkowski moved that consideration of the motion be postponed for the day.

The motion prevailed.

______

Rep. Raczkowski moved that when the House adjourns today it stand adjourned until Tuesday, June 20, at 12:00 Noon.

The motion prevailed.

Announcement by the Clerk of Printing and Enrollment

The Clerk announced the enrollment printing and presentation to the Governor on Thursday, June 8, for his approval of the following bill:

Enrolled House Bill No. 4684 at 11:09 a.m.

The Clerk announced that the following bills had been printed and placed upon the files of the members, Thursday, June 8:

House Bill Nos. 5873 5874 5875

The Clerk announced that the following Senate bills had been received on Thursday, June 8:

Senate Bill Nos. 628 805 943 1273 1276 1280 1301

By unanimous consent the House returned to the order of

Reports of Select Committees

House Bill No. 5058, entitled

A bill to amend 1976 PA 388, entitled "An act to regulate political activity; to regulate campaign financing; to restrict campaign contributions and expenditures; to require campaign statements and reports; to regulate anonymous contributions; to regulate campaign advertising and literature; to provide for segregated funds for political purposes; to provide for the use of public funds for political purposes; to create certain funds; to provide for reversion, retention, or refunding of unexpended balances in certain funds; to require other statements and reports; to regulate acceptance of certain gifts, payments, and reimbursements; to prescribe the powers and duties of certain state departments and state and local officials and employees; to provide appropriations; to prescribe penalties and provide remedies; and to repeal certain acts and parts of acts," by amending section 15 (MCL 169.215), as amended by 1999 PA 238; and to repeal acts and parts of acts.

(For text of conference report, see House Journal No. 53, p. 1507.)

The Senate has adopted the report of the Committee of Conference.

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

House Bill No. 5273, entitled

A bill to make appropriations for the department of agriculture for the fiscal year ending September 30, 2001; to provide for the expenditure of the appropriations; to create funds; to provide for the imposition of fees; to require reports, audits, and plans; to authorize certain transfers by certain state agencies; and to provide for the disposition of fees and other income received by certain state agencies.

(For text of conference report, see House Journal No. 54, p. 1582.)

The Senate has adopted the report of the Committee of Conference.

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

House Bill No. 5279, entitled

A bill to make appropriations for the judicial branch for the fiscal years ending September 30, 2000 and September 30, 2001; 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.

(For text of conference report, see House Journal No. 54, p. 1572.)

The Senate has adopted the report of the Committee of Conference.

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

House Bill No. 5280, entitled

(For text of conference report, see House Journal No. 55, p. 1667.)

The Senate has adopted the report of the Committee of Conference.

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

House Bill No. 5282, entitled

(For text of conference report, see House Journal No. 55, p. 1654.)

The Senate has adopted the report of the Committee of Conference.

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

House Bill No. 5284, entitled

(For text of conference report, see House Journal No. 55, p. 1665.)

The Senate has adopted the report of the Committee of Conference.

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

Messages from the Senate

House Bill No. 4238, entitled

A bill to amend 1927 PA 175, entitled "An act to revise, consolidate, and codify the laws relating to criminal procedure and to define the jurisdiction, powers, and duties of courts, judges, and other officers of the court under the provisions of this act; to provide laws relative to the rights of persons accused of criminal offenses and ordinance violations; to provide for the arrest of persons charged with or suspected of criminal offenses and ordinance violations; to provide for bail of persons arrested for or accused of criminal offenses and ordinance violations; to provide for the examination of persons accused of criminal offenses; to regulate the procedure relative to grand juries, indictments, informations, and proceedings before trial; to provide for trials of persons complained of or indicted for criminal offenses and ordinance violations and to provide for the procedure in those trials; to provide for judgments and sentences of persons convicted of criminal offenses and ordinance violations; to establish a sentencing commission and to prescribe its powers and duties; to provide for procedure relating to new trials and appeals in criminal and ordinance violation cases; to provide a uniform system of probation throughout this state and the appointment of probation officers; to prescribe the powers, duties, and compensation of probation officers; to provide penalties for the violation of the duties of probation officers; to provide for procedure governing proceedings to prevent crime and proceedings for the discovery of crime; to provide for fees of officers, witnesses, and others in criminal and ordinance violation cases; to set forth miscellaneous provisions as to criminal procedure in certain cases; to provide penalties for the violation of certain provisions of this act; and to repeal all acts and parts of acts inconsistent with or contravening any of the provisions of this act," by amending section 27 of chapter IX (MCL 769.27) and by adding section 1g to chapter IX.

The Senate has concurred in the House amendments to the Senate substitute (S-4).

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

House Bill No. 5227, entitled

A bill to amend 1949 PA 300, entitled "An act to provide for the registration, titling, sale, transfer, and regulation of certain vehicles operated upon the public highways of this state or any other place open to the general public or generally accessible to motor vehicles and distressed vehicles; to provide for the licensing of dealers; to provide for the examination, licensing, and control of operators and chauffeurs; to provide for the giving of proof of financial responsibility and security by owners and operators of vehicles; to provide for the imposition, levy, and collection of specific taxes on vehicles, and the levy and collection of sales and use taxes, license fees, and permit fees; to provide for the regulation and use of streets and highways; to create certain funds; to provide penalties and sanctions for a violation of this act; to provide for civil liability of owners and operators of vehicles and service of process on residents and nonresidents; to provide for the levy of certain assessments; to provide for the enforcement of this act; to provide for the creation of and to prescribe the powers and duties of certain state and local agencies; to repeal all other acts or parts of acts inconsistent with this act or contrary to this act; and to repeal certain parts of this act on a specific date," by amending section 232 (MCL 257.232), as amended by 1997 PA 101.

The Senate has concurred in the House amendment to the Senate substitute (S-1).

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

House Bill No. 5230, entitled

A bill to amend 1972 PA 222, entitled "An act to provide for an official personal identification card; to provide for its form, issuance and use; to regulate the use and disclosure of information obtained from the card; to prescribe the powers and duties of the secretary of state; to prescribe fees; and to prescribe certain penalties for violations," by amending section 10 (MCL 28.300), as added by 1997 PA 99.

The Senate has concurred in the House amendment to the Senate substitute (S-1).

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

House Bill No. 5270, entitled

A bill to amend 1994 PA 451, entitled "An act to protect the environment and natural resources of the state; to codify, revise, consolidate, and classify laws relating to the environment and natural resources of the state; to regulate the discharge of certain substances into the environment; to regulate the use of certain lands, waters, and other natural resources of the state; to prescribe the powers and duties of certain state and local agencies and officials; to provide for certain charges, fees, and assessments; to provide certain appropriations; to prescribe penalties and provide remedies; to repeal certain parts of this act on a specific date; and to repeal certain acts and parts of acts," by amending sections 80130a, 80130c, 80315c, 81114c, and 82156c (MCL 324.80130a, 324.80130c, 324.80315c, 324.81114c, and 324.82156c), as added by 1997 PA 102, and by adding section 80108.

The Senate has concurred in the House amendment to the Senate substitute (S-1).

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

House Bill No. 5322, entitled

A bill to amend 1893 PA 206, entitled "The general property tax act," by amending section 30 (MCL 211.30), as amended by 1994 PA 415.

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

The House agreed to the full title.

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

House Bill No. 5543, entitled

A bill to amend 1939 PA 288, entitled "Probate code of 1939," (MCL 710.21 to 712A.32) by adding chapter XII; and to repeal acts and parts of acts.

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

The House agreed to the full title.

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

House Bill No. 5832, entitled

A bill to amend 1961 PA 112, entitled "An act to authorize and provide for the issuance and sale of bonds and notes of the state; to provide funds for making loans to school districts for payment of principal and interest on certain school bonds; to provide for use of moneys repaid to the state by school districts; and to make an appropriation," by amending the title and sections 1 and 2 (MCL 388.981 and 388.982), the title and section 2 as amended by 1991 PA 64, and by adding sections 1a and 1b.

The Senate has passed the bill and ordered that it be given immediate effect.

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

House Bill No. 4260, entitled

A bill to amend 1893 PA 206, entitled "The general property tax act," by amending section 53b (MCL 211.53b), as amended by 1995 PA 74.

The Senate has substituted (S-1) the bill.

The Senate has passed the bill as substituted (S-1), ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title.

The Speaker announced that pursuant to Rule 45, the bill was laid over one day.

House Bill No. 4752, entitled

A bill to amend 1998 PA 58, entitled "Michigan liquor control code of 1998," by amending section 203 (MCL 436.1203).

The Senate has substituted (S-2) the bill.

The Senate has passed the bill as substituted (S-2), ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title.

The Speaker announced that pursuant to Rule 45, the bill was laid over one day.

House Bill No. 5017, entitled

A bill to amend 1893 PA 206, entitled "The general property tax act," by amending section 154 (MCL 211.154), as amended by 1996 PA 476.

The Senate has substituted (S-1) the bill.

The Senate has passed the bill as substituted (S-1), ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title.

The Speaker announced that pursuant to Rule 45, the bill was laid over one day.

Senate Bill No. 628, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending section 40102 (MCL 324.40102), as amended by 1999 PA 66, and by adding section 40115a.

The Senate has passed the bill.

The bill was read a first time by its title and referred to the Committee on Conservation and Outdoor Recreation.

Senate Bill No. 805, entitled

A bill to amend 1937 PA 306, entitled "An act to promote the safety, welfare and educational interests of the people of the state of Michigan by regulating the construction, reconstruction and remodeling of certain public or private school buildings or additions thereto, by regulating the construction, reconstruction and remodeling of buildings leased or acquired for school purposes, and to define the class of buildings affected by this act; to prescribe the powers and duties of the superintendent of public instruction, the state fire marshal, architects, engineers and school board members with respect thereto; to prescribe penalties for the violation of this act; and to repeal all acts and parts of acts, general, local and special, inconsistent with or contrary to the provisions of this act," by amending the title and section1 (MCL 388.851) and by adding section 1b.

The Senate has passed the bill.

The bill was read a first time by its title and referred to the Committee on Employment Relations, Training and Safety.

Senate Bill No. 943, entitled

A bill to amend 1976 PA 451, entitled "The revised school code," by amending sections 1310a and 1311a (MCL 380.1310a and 380.1311a), section 1310a as added by 1999 PA 102 and section 1311a as added by 1999 PA 104.

The Senate has passed the bill.

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

Senate Bill No. 1273, entitled

A bill to define organic agriculture and products; to provide for the establishment of standards relative to organic products, producers and handlers of organic products, and other persons; to provide for designation of certain entities as certifying agents; to provide for registration of certain persons; to create certain funds and provide for their disposition; to create certain advisory committees; to provide for certain powers and duties of certain state agencies; and to provide for penalties and remedies.

The Senate has passed the bill.

The bill was read a first time by its title and referred to the Committee on Agriculture and Resource Management.

Senate Bill No. 1276, entitled

A bill to provide for the establishment of recreational authorities; to provide powers and duties of an authority; to authorize the assessment of a fee, the levy of a property tax, and the issuance of bonds and notes by an authority; and to provide for the powers and duties of certain government officials.

The Senate has passed the bill.

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

Senate Bill No. 1280, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending sections 36103 and 36111 (MCL 324.36103 and 324.36111), section 36103 as amended by 1996 PA 233 and section 36111 as amended by 1996 PA 567.

The Senate has passed the bill.

The bill was read a first time by its title and referred to the Committee on Agriculture and Resource Management.

Senate Bill No. 1301, entitled

A bill to amend 1978 PA 368, entitled "Public health code," by amending section 2891 (MCL 333.2891), as amended by 1992 PA 78.

The Senate has passed the bill.

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

House Concurrent Resolution No. 107.

A concurrent resolution supporting civic education and declaring the third Friday of September as Michigan's Legislators Back to School Day.

(For text of resolution, see House Journal No. 52, p. 1476.)

The Senate has adopted the concurrent resolution and named Senators Young, Goschka and DeBeaussaert as co-sponsors to the concurrent resolution.

The concurrent resolution was referred to the Clerk for record.

Introduction of Bills

Rep. Bovin introduced

House Bill No. 5876, entitled

A bill to amend 1967 PA 281, entitled "Income tax act of 1967," (MCL 206.1 to 206.532) by adding section 267.

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

Rep. Bovin introduced

House Bill No. 5877, entitled

A bill to amend 1980 PA 300, entitled "The public school employees retirement act of 1979," by amending section 81 (MCL 38.1381), as amended by 1989 PA 194.

The bill was read a first time by its title and referred to the Committee on Senior Health, Security and Retirement.

Rep. Raczkowski introduced

House Bill No. 5878, entitled

A bill to amend 1984 PA 431, entitled "The management and budget act," by amending section 237 (MCL 18.1237), as amended by 1999 PA 8, and by adding section 237b.

The bill was read a first time by its title and referred to the Committee on House Oversight and Operations.

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

House Bill No. 5879, entitled

A bill to amend 1943 PA 240, entitled "State employees' retirement act," by amending section 38 (MCL 38.38), as amended by 1996 PA 279.

The bill was read a first time by its title and referred to the Committee on Senior Health, Security and Retirement.

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

House Bill No. 5880, entitled

A bill to amend 1980 PA 300, entitled "The public school employees retirement act of 1979," by amending section41 (MCL 38.1341), as amended by 1997 PA 143.

The bill was read a first time by its title and referred to the Committee on Senior Health, Security and Retirement.

Reps. Woodward, Wojno, Jamnick, Basham, Clark, Reeves, Hardman, Gieleghem, Vaughn, Dennis, Bogardus, Lockwood, Switalski, Jacobs, Quarles and Minore introduced

House Bill No. 5881, entitled

A bill to amend 1976 PA 451, entitled "The revised school code," by amending section 1279 (MCL 380.1279), as amended by 1997 PA 175.

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

Reps. Woodward, Wojno, Jamnick, Basham, Clark, Reeves, Hardman, Gieleghem, Vaughn, Dennis, Bogardus, Lockwood, Switalski, Jacobs, Quarles and Minore introduced

House Bill No. 5882, entitled

A bill to amend 1979 PA 94, entitled "The state school aid act of 1979," by amending section 104a (MCL 388.1704a), as amended by 1999 PA 119.

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

Reps. Shulman, Kowall, Bishop, Pappageorge, Hart, Voorhees and Vander Roest introduced

House Bill No. 5883, entitled

A bill to amend 1893 PA 206, entitled "The general property tax act," by amending section 27 (MCL 211.27), as amended by 1994 PA 415.

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

Reps. Raczkowski, Ehardt, Law and Caul introduced

House Bill No. 5884, entitled

A bill to amend 1956 PA 218, entitled "The insurance code of 1956," (MCL 500.100 to 500.8302) by adding section 2213c.

The bill was read a first time by its title and referred to the Committee on Insurance and Financial Services.

Reps. Ehardt, Raczkowski, Law and Caul introduced

House Bill No. 5885, entitled

A bill to amend 1980 PA 350, entitled "The nonprofit health care corporation reform act," (MCL 550.1101 to 550.1704) by adding section 401i.

The bill was read a first time by its title and referred to the Committee on Insurance and Financial Services.

Reps. Law, Raczkowski, Ehardt and Caul introduced

House Bill No. 5886, entitled

A bill to amend 1978 PA 368, entitled "Public health code," (MCL 333.1101 to 333.25211) by adding section 21053g.

The bill was read a first time by its title and referred to the Committee on Insurance and Financial Services.

Reps. Caul, Raczkowski, Ehardt and Law introduced

House Bill No. 5887, entitled

A bill to amend 1984 PA 218, entitled "Third party administrator act," (MCL 550.901 to 550.962) by adding section 21.

The bill was read a first time by its title and referred to the Committee on Insurance and Financial Services.

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

House Joint Resolution T, entitled

A joint resolution proposing an amendment to the state constitution of 1963, by amending section 24 of article IX, to include health benefits as part of a pension plan for state and local units of government.

The joint resolution was read a first time by its title and referred to the Committee on Constitutional Law and Ethics.

______

Rep. Koetje moved that the House adjourn.

The motion prevailed, the time being 11:58 p.m.

The Speaker Pro Tempore declared the House adjourned until Tuesday, June 20, at 12:00 Noon.

GARY L. RANDALL

Clerk of the House of Representatives.