hj03281t.026

No. 26

STATE OF MICHIGAN

JOURNAL

OF THE

House of Representatives

91st Legislature

REGULAR SESSION OF 2001

House Chamber, Lansing, Wednesday, March 28, 2001.

10:00 a.m.

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

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

Adamini--present

Allen--present

Anderson--present

Basham--present

Bernero--present

Birkholz--present

Bisbee--present

Bishop--present

Bogardus--e/d/s

Bovin--present

Bradstreet--present

Brown, Bob--present

Brown, Cameron--present

Brown, Rich--present

Callahan--present

Cassis--present

Caul--present

Clark--present

Clarke--present

Daniels--e/d/s

Dennis--present

DeRossett--present

DeVuyst--present

DeWeese--present

Drolet--present

Ehardt--present

Faunce--present

Frank--present

Garcia--excused

Garza--present

George--present

Gieleghem--present

Gilbert--present

Godchaux--present

Gosselin--present

Hager--present

Hale--present

Hansen--present

Hardman--e/d/s

Hart--present

Howell--present

Jacobs--present

Jamnick--present

Jansen--present

Jelinek--present

Johnson, Rick--present

Johnson, Ruth--present

Julian--present

Kilpatrick--present

Koetje--present

Kolb--present

Kooiman--present

Kowall--present

Kuipers--present

LaSata--present

Lemmons--e/d/s

Lipsey--present

Lockwood--present

Mans--present

McConico--present

Mead--present

Meyer--present

Middaugh--present

Minore--present

Mortimer--present

Murphy--present

Neumann--present

Newell--present

O'Neil--present

Pappageorge--present

Patterson--present

Pestka--present

Phillips--present

Plakas--present

Pumford--present

Quarles--present

Raczkowski--present

Reeves--present

Richardville--present

Richner--e/d/s

Rison--present

Rivet--present

Rocca--present

Sanborn--present

Schauer--present

Schermesser--excused

Scranton--e/d/s

Shackleton--present

Sheltrown--present

Shulman--present

Spade--present

Stallworth--present

Stamas--present

Stewart--present

Switalski--present

Tabor--present

Thomas--present

Toy--present

Vander Roest--present

Vander Veen--present

Van Woerkom--present

Vear--present

Voorhees--present

Waters--present

Whitmer--present

Williams--present

Wojno--present

Woodward--present

Woronchak--present

Zelenko--present

e/d/s = entered during session

Father Bob Flickinger, Pastor of St. Catherine's of Sienna Church in Portage, offered the following invocation:

"As you begin your work today, may you once again be reminded of the great honor you have been given and the important responsibility you bear to serve well the people of the districts you have been elected to represent. You have been called to be public servants of the people and to merit the trust and confidence that has been placed in you. Your responsibilities are many and you are called upon to offer a vision and direction that will serve the diverse needs of the great people of the state of Michigan.

What you discuss and decide here are not just bills and legislative agendas. What you discuss and decide here changes lives, brings hope to the voiceless, creates jobs for the poor, protects the young and the elderly, provides educational opportunity for all, and provides an environment where we can all live now in dignity and find trust in the future. It is an awesome privilege you have and a heavy burden you carry.

Because what you do here in this chamber is so very important, I ask all of you to call upon the God of your choice or the source of guidance you lean upon to direct you and watch over you in this session you now begin. May you be guided to make good decisions. May your decisions be based upon that which is right, just, fair, and good. May the God of your choice bless your every effort here and bless your families, your loved ones, and bless the people of our great state of Michigan. Amen."

______

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

The motion prevailed.

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

The motion prevailed.

Rep. Vander Veen, 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 Nos. 52 and 53. Had I been present, I would have voted 'yea'."

Third Reading of Bills

House Bill No. 4257, entitled

A bill to make appropriations for the department of environmental quality for the fiscal year ending September 30, 2002; to provide for the expenditure of those appropriations; to create funds and accounts; to require reports; to prescribe certain powers and duties of certain state agencies and officials; to authorize certain transfers by certain state agencies; and to provide for the disposition of fees and other income received by the various state agencies.

The bill was read a third time.

The question being on the passage of the bill,

Rep. Mead moved that consideration of the bill be postponed for the day.

The motion prevailed.

House Bill No. 4476, entitled

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

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

Roll Call No. 54 Yeas--89

Adamini Frank McConico Schauer

Allen Garza Mead Shackleton

Anderson George Meyer Sheltrown

Basham Gieleghem Middaugh Spade

Bernero Gilbert Minore Stallworth

Birkholz Gosselin Mortimer Stamas

Bisbee Hager Murphy Switalski

Bishop Hale Neumann Tabor

Bovin Hansen Newell Thomas

Bradstreet Howell O'Neil Toy

Brown, B. Jacobs Pappageorge Van Woerkom

Brown, C. Jamnick Patterson Vander Roest

Brown, R. Johnson, Rick Pestka Vander Veen

Callahan Julian Phillips Vear

Cassis Kilpatrick Plakas Voorhees

Caul Kolb Quarles Waters

Clark, I. Kooiman Reeves Whitmer

Clarke, H. Kowall Richardville Williams

DeVuyst Kuipers Rison Wojno

DeWeese Lipsey Rivet Woodward

Drolet Lockwood Rocca Woronchak

Ehardt Mans Sanborn Zelenko

Faunce

Nays--12

Dennis Jansen Koetje Raczkowski

Godchaux Jelinek LaSata Shulman

Hart Johnson, Ruth Pumford Stewart

In The Chair: Julian

The House agreed to the title of the bill.

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

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

______

Rep. Koetje, 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:

The bill caps the sales tax on natural gas and this cap may have a negative effect on school funding and a negative effect on K-12 budgeting. This may be unconstitutional and it also alters the Proposal A formula for funding K-12 education."

Reps. Jelinek, Pumford and Hart, 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 House Bill No. 4476 because I question the constitutionality of these bills. I also object to the reallocation of sales tax funds that are constitutionally dedicated to the S.A.F. and the operation of public schools."

Rep. Dennis, 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 voted no on House Bill 4476 because I question the constitutionality of these bills. I also object to the reallocation of sales tax funds that are constitutionally dedicated to the School Aid Fund and the operation of public schools."

Rep. Lemmons entered the House Chambers.

House Bill No. 4477, entitled

A bill to amend 1937 PA 94, entitled "Use tax act," (MCL 205.91 to 205.111) by adding section 4w.

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

Roll Call No. 55 Yeas--92

Adamini Faunce Lockwood Rocca

Allen Frank Mans Sanborn

Anderson Garza McConico Schauer

Basham George Mead Shackleton

Bernero Gieleghem Meyer Sheltrown

Birkholz Gilbert Middaugh Spade

Bisbee Gosselin Minore Stallworth

Bishop Hager Mortimer Stamas

Bovin Hale Murphy Switalski

Bradstreet Hansen Neumann Tabor

Brown, B. Howell Newell Thomas

Brown, C. Jacobs O'Neil Toy

Brown, R. Jamnick Pappageorge Van Woerkom

Callahan Johnson, Rick Patterson Vander Roest

Cassis Julian Pestka Vander Veen

Caul Kilpatrick Phillips Vear

Clark, I. Koetje Plakas Voorhees

Clarke, H. Kolb Quarles Waters

DeRossett Kooiman Raczkowski Williams

DeVuyst Kowall Reeves Wojno

DeWeese Kuipers Richardville Woodward

Drolet Lemmons Rison Woronchak

Ehardt Lipsey Rivet Zelenko

Nays--10

Dennis Jansen LaSata Shulman

Godchaux Jelinek Pumford Stewart

Hart Johnson, Ruth

In The Chair: Julian

The House agreed to the title of the bill.

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

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

______

Reps. Jelinek and Pumford, 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 House Bill No. 4477 because I question the constitutionality of these bills. I also object to the reallocation of sales tax funds that are constitutionally dedicated to the S.A.F. and the operation of public schools."

Rep. Dennis, 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 voted no on House Bill 4477 because I question the constitutionality of these bills. I also object to the reallocation of sales tax funds that are constitutionally dedicated to the School Aid Fund and the operation of public schools."

House Bill No. 4478, entitled

A bill to levy a replacement energy tax on the price of natural gas; to provide for the administration and collection of the replacement energy tax revenues; and to provide for the disposition of revenues.

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

Roll Call No. 56 Yeas--95

Adamini Frank Mans Schauer

Allen Garza McConico Shackleton

Anderson George Mead Sheltrown

Basham Gieleghem Meyer Shulman

Bernero Gilbert Middaugh Spade

Birkholz Gosselin Minore Stallworth

Bisbee Hager Mortimer Stamas

Bishop Hale Murphy Switalski

Bovin Hansen Neumann Tabor

Bradstreet Howell Newell Thomas

Brown, B. Jacobs O'Neil Toy

Brown, C. Jamnick Pappageorge Van Woerkom

Brown, R. Johnson, Rick Patterson Vander Roest

Callahan Julian Pestka Vander Veen

Cassis Kilpatrick Phillips Vear

Caul Koetje Plakas Voorhees

Clark, I. Kolb Quarles Waters

Clarke, H. Kooiman Raczkowski Whitmer

DeRossett Kowall Reeves Williams

DeVuyst Kuipers Richardville Wojno

DeWeese LaSata Rison Woodward

Drolet Lemmons Rivet Woronchak

Ehardt Lipsey Rocca Zelenko

Faunce Lockwood Sanborn

Nays--8

Dennis Hart Jelinek Pumford

Godchaux Jansen Johnson, Ruth Stewart

In The Chair: Julian

The House agreed to the title of the bill.

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

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

Reps. Jelinek, Pumford, and Stewart 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 House Bill No. 4478 because I question the constitutionality of these bills. I also object to the reallocation of sales tax funds that are constitutionally dedicated to the S.A.F. and the operation of public schools."

Rep. Dennis, 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 voted no on House Bill 4478 because I question the constitutionality of these bills. I also object to the reallocation of sales tax funds that are constitutionally dedicated to the School Aid Fund and the operation of public schools."

House Bill No. 4484, entitled

A bill to amend 1939 PA 3, entitled "An act to provide for the regulation and control of public utilities and other services affected with a public interest within this state; to provide for alternative energy suppliers; to provide for licensing; to include municipally owned utilities and other providers of energy under certain provisions of this act; to create a public service commission and to prescribe and define its powers and duties; to abolish the Michigan public utilities commission and to confer the powers and duties vested by law on the public service commission; to provide for the continuance, transfer, and completion of certain matters and proceedings; to abolish automatic adjustment clauses; to prohibit certain rate increases without notice and hearing; to qualify residential energy conservation programs permitted under state law for certain federal exemption; to create a fund; to provide for a restructuring of the manner in which energy is provided in this state; to encourage the utilization of resource recovery facilities; to prohibit certain acts and practices of providers of energy; to allow for the securitization of stranded costs; to reduce rates; to provide for appeals; to provide appropriations; to declare the effect and purpose of this act; to prescribe remedies and penalties; and to repeal acts and parts of acts," by amending section 10t (MCL 460.10t), as added by 2000 PA 141.

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

Roll Call No. 57 Yeas--102

Adamini Garza Lipsey Sanborn

Allen George Lockwood Schauer

Anderson Gieleghem Mans Shackleton

Basham Gilbert McConico Sheltrown

Bernero Godchaux Mead Shulman

Birkholz Gosselin Meyer Spade

Bisbee Hager Middaugh Stallworth

Bishop Hale Minore Stamas

Bovin Hansen Mortimer Stewart

Bradstreet Hart Murphy Switalski

Brown, B. Howell Neumann Tabor

Brown, C. Jacobs Newell Thomas

Brown, R. Jamnick O'Neil Toy

Callahan Jansen Pappageorge Van Woerkom

Cassis Jelinek Patterson Vander Roest

Caul Johnson, Rick Pestka Vander Veen

Clark, I. Johnson, Ruth Phillips Vear

Clarke, H. Julian Plakas Voorhees

Dennis Kilpatrick Pumford Waters

DeRossett Koetje Raczkowski Whitmer

DeVuyst Kolb Reeves Williams

DeWeese Kooiman Richardville Wojno

Drolet Kowall Rison Woodward

Ehardt Kuipers Rivet Woronchak

Faunce LaSata Rocca Zelenko

Frank Lemmons

Nays--0

In The Chair: Julian

The House agreed to the title of the bill.

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

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

House Bill No. 4485, 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. 58 Yeas--99

Adamini Garza Lipsey Schauer

Allen George Lockwood Shackleton

Anderson Gieleghem Mans Sheltrown

Bernero Gilbert McConico Shulman

Birkholz Godchaux Mead Spade

Bisbee Gosselin Meyer Stallworth

Bishop Hager Middaugh Stamas

Bovin Hale Minore Stewart

Bradstreet Hansen Mortimer Switalski

Brown, B. Hart Murphy Tabor

Brown, C. Howell Neumann Thomas

Brown, R. Jacobs Newell Toy

Callahan Jamnick O'Neil Van Woerkom

Cassis Jansen Pappageorge Vander Roest

Caul Jelinek Patterson Vander Veen

Clark, I. Johnson, Rick Pestka Vear

Clarke, H. Johnson, Ruth Phillips Voorhees

Dennis Julian Pumford Waters

DeRossett Koetje Quarles Whitmer

DeVuyst Kolb Raczkowski Williams

DeWeese Kooiman Reeves Wojno

Drolet Kowall Richardville Woodward

Ehardt Kuipers Rivet Woronchak

Faunce LaSata Rocca Zelenko

Frank Lemmons Sanborn

Nays--0

In The Chair: Julian

The House agreed to the title of the bill.

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

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

______

Reps. Hardman and Scranton entered the House Chambers.

House Bill No. 4411, entitled

A bill to amend 1967 PA 281, entitled "Income tax act of 1967," by amending section 527a (MCL 206.527a), as amended by 1996 PA 484.

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

Roll Call No. 59 Yeas--103

Adamini Garza Lockwood Schauer

Allen George Mans Scranton

Anderson Gieleghem McConico Shackleton

Basham Gilbert Mead Sheltrown

Bernero Gosselin Meyer Shulman

Birkholz Hager Middaugh Spade

Bisbee Hale Minore Stallworth

Bishop Hansen Mortimer Stamas

Bovin Hardman Murphy Stewart

Bradstreet Hart Neumann Switalski

Brown, B. Howell Newell Tabor

Brown, C. Jacobs O'Neil Thomas

Brown, R. Jamnick Pappageorge Toy

Callahan Jansen Patterson Van Woerkom

Cassis Jelinek Pestka Vander Roest

Caul Johnson, Rick Phillips Vander Veen

Clark, I. Johnson, Ruth Plakas Vear

Clarke, H. Julian Pumford Voorhees

Dennis Koetje Quarles Waters

DeRossett Kolb Raczkowski Whitmer

DeVuyst Kooiman Reeves Williams

DeWeese Kowall Richardville Wojno

Drolet Kuipers Rison Woodward

Ehardt LaSata Rivet Woronchak

Faunce Lemmons Rocca Zelenko

Frank Lipsey Sanborn

Nays--1

Godchaux

In The Chair: Julian

The House agreed to the title of the bill.

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

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

House Bill No. 4479, entitled

A bill to amend 1967 PA 281, entitled "Income tax act of 1967," (MCL 206.1 to 206.532) by adding section 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. 60 Yeas--102

Adamini George Mans Schauer

Allen Gieleghem McConico Scranton

Anderson Gilbert Mead Shackleton

Basham Godchaux Meyer Sheltrown

Bernero Gosselin Middaugh Shulman

Birkholz Hager Minore Spade

Bisbee Hale Mortimer Stallworth

Bishop Hansen Murphy Stamas

Bradstreet Hardman Neumann Stewart

Brown, B. Hart Newell Switalski

Brown, C. Howell O'Neil Tabor

Brown, R. Jacobs Pappageorge Thomas

Callahan Jamnick Patterson Toy

Cassis Jelinek Pestka Van Woerkom

Caul Johnson, Rick Phillips Vander Roest

Clark, I. Johnson, Ruth Plakas Vander Veen

Clarke, H. Julian Pumford Vear

Dennis Kilpatrick Quarles Voorhees

DeRossett Kolb Raczkowski Waters

DeVuyst Kooiman Reeves Whitmer

DeWeese Kowall Richardville Williams

Drolet Kuipers Rison Wojno

Ehardt LaSata Rivet Woodward

Faunce Lemmons Rocca Woronchak

Frank Lipsey Sanborn Zelenko

Garza Lockwood

Nays--2

Jansen Koetje

In The Chair: Julian

The House agreed to the title of the bill.

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

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

House Bill No. 4480, entitled

A bill to amend 1967 PA 281, entitled "Income tax act of 1967," by amending section 527a (MCL 206.527a), as amended by 1996 PA 484.

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

Roll Call No. 61 Yeas--100

Adamini George Lipsey Schauer

Allen Gieleghem Lockwood Scranton

Anderson Gilbert Mans Shackleton

Basham Gosselin McConico Sheltrown

Bernero Hager Mead Shulman

Birkholz Hale Meyer Spade

Bisbee Hansen Middaugh Stallworth

Bishop Hardman Mortimer Stamas

Bradstreet Hart Murphy Stewart

Brown, B. Howell Neumann Switalski

Brown, C. Jacobs Newell Tabor

Brown, R. Jamnick O'Neil Thomas

Callahan Jansen Pappageorge Toy

Cassis Jelinek Patterson Van Woerkom

Caul Johnson, Rick Pestka Vander Roest

Clark, I. Johnson, Ruth Phillips Vander Veen

Clarke, H. Julian Plakas Vear

Dennis Kilpatrick Pumford Voorhees

DeRossett Koetje Raczkowski Waters

DeVuyst Kolb Reeves Whitmer

DeWeese Kooiman Richardville Williams

Drolet Kowall Rison Wojno

Ehardt Kuipers Rivet Woodward

Faunce LaSata Rocca Woronchak

Frank Lemmons Sanborn Zelenko

Nays--2

Godchaux Minore

In The Chair: Julian

The House agreed to the title of the bill.

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

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

Reps. Basham, Bernero, Bisbee, Cameron Brown, Callahan, Cassis, Clarke, DeRossett, DeWeese, Drolet, Ehardt, George, Hager, Hansen, Hardman, Jacobs, Jansen, Jelinek, Ruth Johnson, Koetje, Kolb, Kowall, Lipsey, Mans, McConico, Mead, Murphy, Neumann, Newell, Pestka, Phillips, Plakas, Pumford, Spade, Stallworth, Stewart, Switalski, Williams and Zelenko were named co-sponsors of the bill.

______

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:

My no vote on HB 4480 represents a token 'no' on the home heating package. As a whole, the package is a small, but inadequate step in the right direction. The expansion of the credit to those at 125% of poverty level is commendable, but it really needs to go to 150%. Combined with tax credits that ostensibly would serve 'the poor' but really don't; I offer my token no to demonstrate concern about a package that I consider very good politics--but inadequate as it pertains to good public policy."

House Bill No. 4481, entitled

A bill to amend 1967 PA 281, entitled "Income tax act of 1967," by amending section 527a (MCL 206.527a), as amended by 1996 PA 484.

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

Roll Call No. 62 Yeas--102

Adamini George Mans Schauer

Allen Gieleghem McConico Scranton

Anderson Gilbert Mead Shackleton

Basham Gosselin Meyer Sheltrown

Bernero Hager Middaugh Shulman

Birkholz Hale Minore Spade

Bisbee Hansen Mortimer Stallworth

Bishop Hardman Murphy Stamas

Bradstreet Hart Neumann Stewart

Brown, B. Howell Newell Switalski

Brown, C. Jacobs O'Neil Tabor

Brown, R. Jamnick Pappageorge Thomas

Callahan Jelinek Patterson Toy

Cassis Johnson, Rick Pestka Van Woerkom

Caul Johnson, Ruth Phillips Vander Roest

Clark, I. Julian Plakas Vander Veen

Clarke, H. Kilpatrick Pumford Vear

Dennis Koetje Quarles Voorhees

DeRossett Kolb Raczkowski Waters

DeVuyst Kooiman Reeves Whitmer

DeWeese Kowall Richardville Williams

Drolet Kuipers Rison Wojno

Ehardt LaSata Rivet Woodward

Faunce Lemmons Rocca Woronchak

Frank Lipsey Sanborn Zelenko

Garza Lockwood

Nays--1

Jansen

In The Chair: Julian

The House agreed to the title of the bill.

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

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

House Bill No. 4482, entitled

A bill to amend 1967 PA 281, entitled "Income tax act of 1967," (MCL 206.1 to 206.532) by adding section 438.

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

Roll Call No. 63 Yeas--101

Adamini Gieleghem Mans Schauer

Allen Gilbert McConico Scranton

Anderson Gosselin Mead Shackleton

Basham Hager Meyer Sheltrown

Bernero Hale Middaugh Shulman

Birkholz Hansen Minore Spade

Bisbee Hardman Mortimer Stallworth

Bishop Hart Murphy Stamas

Bradstreet Howell Neumann Stewart

Brown, B. Jacobs Newell Switalski

Brown, C. Jansen O'Neil Tabor

Brown, R. Jelinek Pappageorge Thomas

Callahan Johnson, Rick Patterson Toy

Cassis Johnson, Ruth Pestka Van Woerkom

Caul Julian Phillips Vander Roest

Clark, I. Kilpatrick Plakas Vander Veen

Clarke, H. Koetje Pumford Vear

DeRossett Kolb Quarles Voorhees

DeVuyst Kooiman Raczkowski Waters

DeWeese Kowall Reeves Whitmer

Drolet Kuipers Richardville Williams

Ehardt LaSata Rison Wojno

Faunce Lemmons Rivet Woodward

Frank Lipsey Rocca Woronchak

Garza Lockwood Sanborn Zelenko

George

Nays--0

In The Chair: Julian

The House agreed to the title of the bill.

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

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

______

Rep. Jacobs moved that Rep. Bovin be excused from the balance of today's session.

The motion prevailed.

Rep. Clark moved that Rep. Dennis be excused temporarily from today's session.

The motion prevailed.

House Bill No. 4483, entitled

A bill to establish the state home heating credit fund in the department of treasury; and to provide certain powers and duties of the department of treasury with respect to the home heating credit fund.

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

Roll Call No. 64 Yeas--100

Adamini George Lockwood Sanborn

Allen Gieleghem Mans Schauer

Anderson Gilbert McConico Scranton

Basham Gosselin Mead Shackleton

Bernero Hager Meyer Sheltrown

Birkholz Hale Middaugh Shulman

Bisbee Hansen Minore Spade

Bishop Hardman Mortimer Stallworth

Bradstreet Hart Murphy Stamas

Brown, B. Howell Neumann Stewart

Brown, C. Jacobs Newell Switalski

Brown, R. Jamnick O'Neil Tabor

Callahan Jansen Pappageorge Thomas

Cassis Jelinek Patterson Toy

Caul Johnson, Rick Pestka Van Woerkom

Clark, I. Johnson, Ruth Phillips Vander Roest

Clarke, H. Julian Plakas Vander Veen

DeRossett Koetje Pumford Vear

DeVuyst Kolb Quarles Voorhees

DeWeese Kooiman Raczkowski Waters

Drolet Kowall Reeves Whitmer

Ehardt Kuipers Richardville Williams

Faunce LaSata Rison Wojno

Frank Lemmons Rivet Woronchak

Garza Lipsey Rocca Zelenko

Nays--0

In The Chair: Julian

The House agreed to the title of the bill.

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

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

______

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

The motion prevailed.

House Bill No. 4345, entitled

A bill to amend 1978 PA 368, entitled "Public health code," by amending section 21773 (MCL 333.21773).

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

Roll Call No. 65 Yeas--101

Adamini Gilbert Lockwood Schauer

Allen Godchaux Mans Scranton

Anderson Gosselin McConico Shackleton

Basham Hager Mead Sheltrown

Bernero Hale Meyer Shulman

Birkholz Hansen Middaugh Spade

Bisbee Hardman Minore Stallworth

Bishop Hart Mortimer Stamas

Bradstreet Howell Murphy Stewart

Brown, B. Jacobs Neumann Switalski

Brown, C. Jamnick Newell Tabor

Brown, R. Jansen O'Neil Thomas

Callahan Jelinek Pappageorge Toy

Cassis Johnson, Rick Patterson Van Woerkom

Caul Johnson, Ruth Pestka Vander Roest

Clark, I. Julian Phillips Vander Veen

Clarke, H. Kilpatrick Plakas Vear

Dennis Koetje Pumford Voorhees

DeRossett Kolb Raczkowski Waters

DeVuyst Kooiman Reeves Whitmer

DeWeese Kowall Richardville Williams

Faunce Kuipers Rison Wojno

Frank LaSata Rivet Woodward

Garza Lemmons Rocca Woronchak

George Lipsey Sanborn Zelenko

Gieleghem

Nays--0

In The Chair: Julian

The House agreed to the title of the bill.

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

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

House Bill No. 4451, entitled

A bill to amend 1978 PA 368, entitled "Public health code," (MCL 333.1101 to 333.25211) by adding section 21769.

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

Roll Call No. 66 Yeas--102

Adamini George Lockwood Schauer

Allen Gieleghem Mans Scranton

Anderson Gilbert McConico Shackleton

Basham Godchaux Mead Sheltrown

Bernero Gosselin Meyer Shulman

Birkholz Hager Middaugh Spade

Bisbee Hale Minore Stallworth

Bishop Hansen Mortimer Stamas

Bradstreet Hardman Murphy Stewart

Brown, B. Hart Neumann Switalski

Brown, C. Howell Newell Tabor

Brown, R. Jacobs O'Neil Thomas

Callahan Jamnick Pappageorge Toy

Cassis Jansen Patterson Van Woerkom

Caul Jelinek Pestka Vander Roest

Clark, I. Johnson, Rick Phillips Vander Veen

Clarke, H. Johnson, Ruth Plakas Vear

Dennis Julian Pumford Voorhees

DeRossett Koetje Quarles Waters

DeVuyst Kolb Raczkowski Whitmer

DeWeese Kooiman Reeves Williams

Drolet Kowall Richardville Wojno

Ehardt Kuipers Rivet Woodward

Faunce LaSata Rocca Woronchak

Frank Lemmons Sanborn Zelenko

Garza Lipsey

Nays--0

In The Chair: Julian

The House agreed to the title of the bill.

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

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

Reps. Allen, Anderson, Basham, Bernero, Bisbee, Cameron Brown, Cassis, Caul, Clarke, DeWeese, Drolet, Ehardt, Faunce, Garza, Gosselin, Hager, Hansen, Hardman, Ruth Johnson, Kowall, Mead, Meyer, Middaugh, Mortimer, Murphy, Newell, Pappageorge, Patterson, Pumford, Reeves, Rocca, Sanborn, Shackleton, Shulman, Stewart, Vander Roest, Vander Veen, Vear, Wojno and Zelenko were named co-sponsors of the bill.

By unanimous consent the House returned to the order of

Motions and Resolutions

Reps. Garza, DeWeese, Hansen, Ehardt, Richardville, Spade, Gieleghem, Thomas, Callahan, Wojno, DeRossett, Dennis, Sheltrown, Jacobs, Hale, Bovin, Kilpatrick, Woodward, Adamini, Faunce, Clark, Schauer, Lipsey, Rich Brown, Minore, Kolb, Jamnick, Clarke, Anderson, Birkholz, Toy, Reeves and Hardman offered the following resolution:

House Resolution No. 67.

A resolution to commemorate the birthday of Cesar E. Chavez.

Whereas, Cesar E. Chavez was born March 31, 1927, on a small farm near Yuma, Arizona, and died on April 23, 1993; and

Whereas, Numerous holidays, schools, parks, libraries, and other structures and events have been named after Cesar E. Chavez, internationally and in California, New York, Michigan, Indiana, Oklahoma, Arizona, Illinois, Minnesota, Colorado, New Mexico, Massachusetts, Texas, and Hawaii, with many more planned; and

Whereas, Cesar E. Chavez was a recipient of the Martin Luther King, Jr., Peace Prize during his lifetime and was awarded the Presidential Medal of Freedom by President Clinton on August 8, 1994; and

Whereas, The grandson of a Mexican immigrant and settler, he grew up working with migrant farm workers, himself picking grapes, melons, beans, and other staple crops at low wages and for long hours, during which time he developed a strong work ethic and respect for the farm workers his father called 'the children of God'; and

Whereas, At the age of 18, Cesar E. Chavez entered the United States Navy and served his country with distinction for 2 years; and

Whereas, As early as 1949, Cesar E. Chavez committed himself to organizing farm workers to campaign for safe and fair working conditions, reasonable wages, decent housing, and the outlawing of child labor; and

Whereas, In 1962, Cesar E. Chavez founded the National Farm Workers Association, predecessor of the United Farm Workers of America, which brought hope to farm workers that they might one day realize the basic protections and workers' rights to which all Americans aspire; and

Whereas, Through his commitment to nonviolence, Cesar E. Chavez brought dignity and respect to the farm workers who organized themselves, and became an inspiration and a resource to other Americans and people engaged in human rights struggles throughout the world; and

Whereas, Cesar E. Chavez was an advocate for nonviolence at a time when violence penetrated every level of our society; and

Whereas, Cesar E. Chavez and his family also dedicated themselves to the education of farm workers' children through migrant schools, many of whom graduated and worked as teachers, doctors, nurses, and in other professional occupations; and

Whereas, The legacy of Cesar E. Chavez includes healthy working conditions that yield uncontaminated food for America's tables and the enforcement of employer sanctions for those who hire illegal immigrants; and

Whereas, Cesar E. Chavez's influence extends far beyond agriculture and provides inspiration for those working to better human rights through his example of organizing voter registration drives in urban and farm areas, initiating complaints against mistreatment by police and welfare officials, and empowering everyday workers to seek advancement in education and politics; and

Whereas, Cesar E. Chavez lived alongside his campesino brothers and sisters in humble surroundings and upon his passing was laid to rest where he lived and worked for 23 years on the grounds of the headquarters of the United Farm Workers of America, known as Nuestra Senora de La Paz (Our Lady of Peace), located in the Tehachapi Mountains at Keene, California: now, therefore, be it

Resolved by the House of Representatives, That Cesar E. Chavez be honored for his tireless commitment to improve the plight of farm workers and the poor throughout the United States and for the inspiration his heroic efforts gave to so many Americans to work nonviolently for justice in their communities and that a Federal holiday be recognized throughout the United States, and that all Americans be encouraged to commit themselves to working for justice through nonviolence in their communities and remind themselves of the work of the people who put food on the tables of America.

Pending the reference of the resolution to a committee,

Rep. Patterson moved that Rule 77 be suspended and the resolution be considered at this time.

The motion prevailed, 3/5 of the members present voting therefor.

The question being on the adoption of the resolution,

The resolution was adopted.

Reports of Standing Committees

The Committee on House Oversight and Operations, by Rep. Patterson, Chair, reported

House Resolution No. 63.

A resolution to memorialize the Congress of the United States to investigate airfare pricing, especially in markets where mergers have eroded competition.

(For text of resolution, see House Journal No. 24, p. 304.)

With the recommendation that the resolution be adopted.

The Speaker announced that under Rule 77 the resolution would lie over one day.

Favorable Roll Call

HR 63 To Report Out:

Yeas: Reps. Patterson, Kuipers, Jacobs, Lipsey,

Nays: None.

The Committee on House Oversight and Operations, by Rep. Patterson, Chair, reported

House Concurrent Resolution No. 20.

A concurrent resolution to memorialize the Congress of the United States to investigate airfare pricing, especially in markets where mergers have eroded competition.

(For text of resolution, see House Journal No. 24, p. 304.)

With the recommendation that the concurrent resolution be adopted.

The Speaker announced that under Rule 77 the concurrent resolution would lie over one day.

Favorable Roll Call

HCR 20 To Report Out:

Yeas: Reps. Patterson, Kuipers, Jacobs, Lipsey,

Nays: None.

COMMITTEE ATTENDANCE REPORT

The following report, submitted by Rep. Patterson, Chair of the Committee on House Oversight and Operations, was received and read:

Meeting held on: Wednesday, March 28, 2001, at 8:00 a.m.,

Present: Reps. Patterson, Kuipers, Jacobs, Lipsey,

Absent: Rep. Howell,

Excused: Rep. Howell.

The Committee on Tax Policy, by Rep. Cassis, Chair, reported

House Bill No. 4454, entitled

A bill to repeal 1987 PA 248, entitled "Airport parking tax act," (MCL 207.371 to 207.383).

Without amendment and with the recommendation that the bill pass.

The bill was referred to the order of Second Reading of Bills.

Favorable Roll Call

HB 4454 To Report Out:

Yeas: Reps. Cassis, Vear, Birkholz, Faunce, Gosselin, Kowall, Meyer, Newell, Richardville, Woronchak, Bob Brown,

Nays: Reps. Quarles, Basham, Hale, Minore, O'Neil.

COMMITTEE ATTENDANCE REPORT

The following report, submitted by Rep. Cassis, Chair of the Committee on Tax Policy, was received and read:

Meeting held on: Wednesday, March 28, 2001, at 9:00 a.m.,

Present: Reps. Cassis, Vear, Birkholz, Faunce, Gosselin, Kowall, Meyer, Newell, Richardville, Woronchak, Quarles, Basham, Bob Brown, Hale, Minore, O'Neil, Wojno.

Communications from State Officers

The following communication from the Department of State was received and read:

March 13, 2001

Enclosed is a corrected copy of the Conviction Disposition Summary for your 1999 Alcohol Audit. Thank you for your assistance.

Sincerely,

Peggy Leece

Court Liaison

The communication was referred to the Clerk.

The following communications from the Department of Management and Budget were received and read:

March 26, 2001

I am pleased to present to you with a copy of the Annual Report for the Michigan Public School Employees Retirement System, the State Employees Retirement System, the State Police Retirement System and the Judges Retirement System for the fiscal year ending September 30, 2000.

If I can provide further information, please let me know.

March 26, 2001

Pursuant to section 38(1) of Act No. 240 of the Public Acts of 1943, I am hereby submitting to the legislature the actuarial valuation for the State Employees' Retirement System for the fiscal year ended September 30, 2000. This transmittal conforms to the requirement of section 38(1).

Sincerely,

Duane E. Berger

Acting Director

The communications were referred to the Clerk.

Introduction of Bills

Rep. Mead introduced

House Bill No. 4538, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending section 82110 (MCL 324.82110), as added by 1995 PA 58.

The bill was read a first time by its title and referred to the Committee on Conservation and Outdoor Recreation.

Reps. Bernero, Murphy, Whitmer, Plakas, Spade and Waters introduced

House Bill No. 4539, entitled

A bill to amend 1931 PA 328, entitled "The Michigan penal code," (MCL 750.1 to 750.568) by adding section 411t.

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

Reps. Kowall, Patterson, Basham, Minore, Richardville, O'Neil, Sanborn, Meyer, Bishop, Vear, Woronchak, Ehardt, Faunce, Scranton, Vander Veen, Gilbert, Richner, Stewart and Daniels introduced

House Bill No. 4540, entitled

A bill to amend 1933 PA 167, entitled "General sales tax act," by amending section 17 (MCL 205.67), as amended by 2000 PA 242.

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

Rep. Gilbert introduced

House Bill No. 4541, entitled

A bill to amend 1976 PA 451, entitled "The revised school code," by amending section 1233 (MCL 380.1233), as amended by 2000 PA 288.

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

Reps. Spade, Wojno, Bovin, Adamini, Rich Brown and Richardville introduced

House Bill No. 4542, entitled

A bill to amend 1949 PA 300, entitled "Michigan vehicle code," by amending section 675 (MCL 257.675), as amended by 1999 PA 34.

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

Rep. Bisbee introduced

House Bill No. 4543, entitled

A bill to amend 1937 PA 94, entitled "Use tax act," by amending section 2 (MCL 205.92), as amended by 2000 PA 391.

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

Reps. Switalski, Adamini, Wojno, Spade, Raczkowski, Jacobs, Pestka, Sheltrown, Gieleghem, Rivet, Jamnick, Woodward, Garza, Kolb, Bovin, Schermesser, Scranton, Jelinek, Rocca and Anderson introduced

House Bill No. 4544, entitled

A bill to amend 1949 PA 300, entitled "Michigan vehicle code," by amending section 907 (MCL 257.907), as amended by 1998 PA 103.

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

Reps. Switalski, Adamini, Raczkowski, Jacobs, Gieleghem, Rivet, Jamnick, Woodward, Garza, Kolb, Bovin, Schermesser, Scranton and Lockwood introduced

House Bill No. 4545, entitled

A bill to amend 1951 PA 51, entitled "An act to provide for the classification of all public roads, streets, and highways in this state, and for the revision of that classification and for additions to and deletions from each classification; to set up and establish the Michigan transportation fund; to provide for the deposits in the Michigan transportation fund of specific taxes on motor vehicles and motor vehicle fuels; to provide for the allocation of funds from the Michigan transportation fund and the use and administration of the fund for transportation purposes; to set up and establish the truck safety fund; to provide for the allocation of funds from the truck safety fund and administration of the fund for truck safety purposes; to set up and establish the Michigan truck safety commission; to establish certain standards for road contracts for certain businesses; to provide for the continuing review of transportation needs within the state; to authorize the state transportation commission, counties, cities, and villages to borrow money, issue bonds, and make pledges of funds for transportation purposes; to authorize counties to advance funds for the payment of deficiencies necessary for the payment of bonds issued under this act; to provide for the limitations, payment, retirement, and security of the bonds and pledges; to provide for appropriations and tax levies by counties and townships for county roads; to authorize contributions by townships for county roads; to provide for the establishment and administration of the state trunk line fund, critical bridge fund, comprehensive transportation fund, and certain other funds; to provide for the deposits in the state trunk line fund, critical bridge fund, comprehensive transportation

fund, and certain other funds of money raised by specific taxes and fees; to provide for definitions of public transportation functions and criteria; to define the purposes for which Michigan transportation funds may be allocated; to provide for Michigan transportation fund grants; to provide for review and approval of transportation programs; to provide for submission of annual legislative requests and reports; to provide for the establishment and functions of certain advisory entities; to provide for conditions for grants; to provide for the issuance of bonds and notes for transportation purposes; to provide for the powers and duties of certain state and local agencies and officials; to provide for the making of loans for transportation purposes by the state transportation department and for the receipt and repayment by local units and agencies of those loans from certain specified sources; and to repeal acts and parts of acts," by amending sections 1c, 11, 12, and 13 (MCL 247.651c, 247.661, 247.662, and 247.663), section 1c as amended by 1982 PA 438, section 11 as amended by 2000 PA 188, section 12 as amended by 1997 PA 79, and section 13 as amended by 1999 PA 54.

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

Reps. Hart, Scranton, Bernero, Tabor, Bogardus, Schauer, Ruth Johnson, Jelinek, Vander Veen, Kooiman, Kuipers, Pappageorge, Waters, Caul, Bisbee, Van Woerkom, Bradstreet, Voorhees, Rivet, Richner, Kowall, Minore, George, DeVuyst, O'Neil, Jansen, Stamas and Birkholz introduced

House Bill No. 4546, entitled

A bill to amend 1970 PA 91, entitled "Child custody act of 1970," by amending sections 2 and 5 (MCL 722.22 and 722.25), section 2 as amended by 1999 PA 156 and section 5 as amended by 1993 PA 259.

The bill was read a first time by its title and referred to the Committee on Civil Law and the Judiciary.

______

Rep. Daniels entered the House Chambers.

Quorum Call

Rep. Patterson 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. 67 Yeas--95

Adamini Gieleghem McConico Shackleton

Allen Gilbert Mead Sheltrown

Anderson Godchaux Meyer Shulman

Basham Gosselin Middaugh Spade

Bernero Hager Minore Stallworth

Birkholz Hansen Mortimer Stamas

Bishop Hart Murphy Stewart

Bradstreet Howell Neumann Switalski

Brown, B. Jacobs Newell Tabor

Brown, C. Jamnick O'Neil Thomas

Brown, R. Jansen Pappageorge Toy

Callahan Jelinek Patterson Van Woerkom

Cassis Johnson, Rick Pestka Vander Roest

Caul Johnson, Ruth Phillips Vander Veen

Daniels Julian Plakas Vear

Dennis Kilpatrick Pumford Voorhees

DeRossett Koetje Quarles Waters

DeVuyst Kolb Raczkowski Whitmer

DeWeese Kooiman Richardville Williams

Drolet Kowall Rison Wojno

Ehardt Kuipers Rivet Woodward

Faunce LaSata Rocca Woronchak

Frank Lipsey Sanborn Zelenko

George Lockwood Schauer

In The Chair: Julian

By unanimous consent the House returned to the order of

Second Reading of Bills

House Bill No. 4258, entitled

A bill to make appropriations for the state institutions of higher education and certain state purposes related to education for the fiscal year ending September 30, 2002; to provide for the expenditures of those appropriations; and to prescribe the powers and duties of certain state departments, institutions, agencies, employees, and officers.

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. Raczkowski moved to amend the bill as follows:

1. Amend page 10, following line 2, by inserting:

"SEC. 217. FUNDS APPROPRIATED IN PART 1 SHALL NOT BE EXPENDED TO PURCHASE OR LEASE LUXURY VEHICLES FOR USE BY UNIVERSITY OFFICIALS OR TO HIRE CHAUFFEURS FOR UNIVERSITY OFFICIALS.".

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

Rep. Woodward moved to amend the bill as follows:

1. Amend page 25, following line 21, by inserting:

"Sec. 435. Each institution of higher education shall conduct a study on the installation of automatic sprinkler and other fire safety systems in dormitories.".

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

Rep. Adamini moved to amend the Woodward amendment as follows:

1. Amend the Woodward amendment, page 25, following line 21, section 435, after "dormitories" by inserting a comma and "and shall report to the Legislature on or before January 1, 2003 the existence or nonexistence of such systems and the estimated cost of installing automatic sprinkler systems where they do not exist".

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

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

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

______

Rep. Bogardus entered the House Chambers.

Rep. Bishop moved to amend the bill as follows:

1. Amend page 1, line 7, by striking out all of line 7 through the balance of part 1 and inserting:

"HIGHER EDUCATION

Full-time equated classified positions 1.0

GROSS APPROPRIATION $ 1,993,829,610

Total interdepartmental grants and intradepartmental transfers $ 0

ADJUSTED GROSS APPROPRIATION $ 1,993,829,610

Appropriated from:

Federal revenues:

Total federal revenues 4,900,000

Special revenue funds:

Total local revenues 0

Total private revenues 0

Total other state restricted revenues 158,977,600

State general fund/general purpose $ 1,829,952,010

Sec. 102. CENTRAL MICHIGAN UNIVERSITY

Operations $ 94,740,620

GROSS APPROPRIATION $ 94,740,620

Appropriated from:

State general fund/general purpose $ 94,740,620

Sec. 103. EASTERN MICHIGAN UNIVERSITY

Operations $ 88,954,880

GROSS APPROPRIATION $ 88,954,880

Appropriated from:

State general fund/general purpose $ 88,954,880

Sec. 104. FERRIS STATE UNIVERSITY

Operations $ 56,355,240

GROSS APPROPRIATION $ 56,355,240

Appropriated from:

State general fund/general purpose $ 56,355,240

Sec. 105. GRAND VALLEY STATE UNIVERSITY

Operations $ 66,589,500

GROSS APPROPRIATION $ 66,589,500

Appropriated from:

State general fund/general purpose $ 66,589,500

Sec. 106. LAKE SUPERIOR STATE UNIVERSITY

Operations $ 14,483,130

GROSS APPROPRIATION $ 14,483,130

Appropriated from:

State general fund/general purpose $ 14,483,130

Sec. 107. MICHIGAN STATE UNIVERSITY

Operations $ 335,712,900

GROSS APPROPRIATION $ 335,712,900

Appropriated from:

State general fund/general purpose $ 335,712,900

Sec. 108. MICHIGAN TECHNOLOGICAL UNIVERSITY

Operations $ 56,075,040

GROSS APPROPRIATION $ 56,075,040

Appropriated from:

State general fund/general purpose $ 56,075,040

Sec. 109. NORTHERN MICHIGAN UNIVERSITY

Operations $ 52,799,550

GROSS APPROPRIATION $ 52,799,550

Appropriated from:

State general fund/general purpose $ 52,799,550

Sec. 110. OAKLAND UNIVERSITY

Operations $ 55,142,660

GROSS APPROPRIATION $ 55,142,660

Appropriated from:

State general fund/general purpose $ 55,142,660

Sec. 111. SAGINAW VALLEY STATE UNIVERSITY

Operations $ 28,953,010

GROSS APPROPRIATION $ 28,953,010

Appropriated from:

State general fund/general purpose $ 28,953,010

Sec. 112. UNIVERSITY OF MICHIGAN-ANN ARBOR

Operations $ 368,941,860

GROSS APPROPRIATION $ 368,941,860

Appropriated from:

State general fund/general purpose $ 368,941,860

Sec. 113. UNIVERSITY OF MICHIGAN-DEARBORN

Operations $ 28,406,460

GROSS APPROPRIATION $ 28,406,460

Appropriated from:

State general fund/general purpose $ 28,406,460

Sec. 114. UNIVERSITY OF MICHIGAN-FLINT

Operations $ 24,431,800

GROSS APPROPRIATION $ 24,431,800

Appropriated from:

State general fund/general purpose $ 24,431,800

Sec. 115. WAYNE STATE UNIVERSITY

Operations $ 257,469,460

GROSS APPROPRIATION $ 257,469,460

Appropriated from:

State general fund/general purpose $ 257,469,460

Sec. 116. WESTERN MICHIGAN UNIVERSITY

Operations $ 131,289,450

GROSS APPROPRIATION $ 131,289,450

Appropriated from:

State general fund/general purpose $ 131,289,450

Sec. 117. STATE AND REGIONAL PROGRAMS

Full-time equated classified positions 1.0

Agricultural experiment station $ 37,031,110

Cooperative extension service 31,940,475

Michigan molecular institute 238,095

Japan center for Michigan universities 425,415

Higher education database modernization and conversion--1.0 FTE position 275,000

Midwest higher education compact 82,500

GROSS APPROPRIATION $ 69,992,595

Appropriated from:

State general fund/general purpose $ 69,992,595

Sec. 118. MARTIN LUTHER KING, JR. - CESAR CHAVEZ -

ROSA PARKS PROGRAM

Select student supportive services $ 2,184,790

Michigan college/university partnership program 655,435

Morris Hood, Jr. educator development program 165,950

GROSS APPROPRIATION $ 3,006,175

Appropriated from:

State general fund/general purpose $ 3,006,175

Sec. 119. GRANTS AND FINANCIAL AID

State competitive scholarships $ 36,527,205

Tuition grants 66,445,440

Michigan work-study program 8,057,595

Part-time independent student program 2,918,155

Grant for Michigan resident dental graduates 5,078,605

Grant for general degree graduates 6,352,310

Grant for allied health graduates 939,940

Michigan education opportunity grants 2,292,180

Robert C. Byrd honors scholarship program 1,600,000

Michigan merit award program 125,023,850

Tuition incentive program/high school completion 5,250,000

GROSS APPROPRIATION $ 260,485,280

Appropriated from:

Federal revenues:

Higher education act of 1965, title IV, 20 U.S.C. . 3,300,000

Higher education act of 1965, title IV, part A 1,600,000

Special revenue funds:

Michigan merit award trust fund 158,977,600

State general fund/general purpose $ 96,607,680".

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

Rep. Bishop demanded the yeas and nays.

The demand was supported.

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

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

Roll Call No. 68 Yeas--45

Adamini Garza Lemmons Rison

Anderson Gieleghem Lockwood Rocca

Bishop Godchaux Mans Scranton

Bogardus Hale McConico Shackleton

Brown, B. Hansen Minore Spade

Brown, R. Hardman Neumann Stallworth

Callahan Jacobs Phillips Thomas

Cassis Jamnick Pumford Toy

Clark, I. Kilpatrick Raczkowski Wojno

Clarke, H. Kolb Reeves Woodward

Daniels Kowall Richardville Woronchak

Frank

Nays--46

Allen George Kooiman Sanborn

Bernero Gilbert Kuipers Schauer

Birkholz Gosselin LaSata Sheltrown

Bisbee Hager Lipsey Shulman

Bradstreet Hart Mead Stamas

Brown, C. Howell Meyer Tabor

Caul Jansen Middaugh Van Woerkom

DeRossett Jelinek Murphy Vander Roest

DeVuyst Johnson, Rick Newell Vander Veen

DeWeese Johnson, Ruth Pappageorge Vear

Drolet Julian Patterson Whitmer

Faunce Koetje

In The Chair: Julian

Rep. Frank moved to amend the bill as follows:

1. Amend page 23, line 17, after "A" by inserting "bipartisan".

2. Amend page 23, line 17, after "senate" by inserting "appropriations".

3. Amend page 23, line 23, after "The" by inserting "bipartisan".

4. Amend page 23, line 24, after the second "the" by inserting "appropriations".

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 2, line 11, by striking out "158,977,600" and inserting "173,977,600".

2. Amend page 6, line 5, by striking out "36,527,205" and inserting "51,527,205".

3. Amend page 6, line 16, by striking out "260,485,280" and inserting "275,485,280".

4. Amend page 6, line 22, by striking out "158,977,600" and inserting "173,977,600" and adjusting the subtotals, totals, and section 201 accordingly.

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

Rep. Frank demanded the yeas and nays.

The demand was supported.

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

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

Roll Call No. 69 Yeas--50

Adamini Garza McConico Schauer

Anderson Gieleghem Minore Sheltrown

Basham Hale Murphy Spade

Bernero Hansen Neumann Stallworth

Bogardus Hardman O'Neil Switalski

Brown, B. Jacobs Pestka Thomas

Brown, R. Jamnick Phillips Waters

Callahan Kilpatrick Plakas Whitmer

Clark, I. Kolb Quarles Williams

Clarke, H. Lemmons Reeves Wojno

Daniels Lipsey Rison Woodward

Dennis Lockwood Rivet Zelenko

Frank Mans

Nays--56

Allen George Kowall Sanborn

Birkholz Gilbert Kuipers Scranton

Bisbee Godchaux LaSata Shackleton

Bishop Gosselin Mead Shulman

Bradstreet Hager Meyer Stamas

Brown, C. Hart Middaugh Stewart

Cassis Howell Mortimer Tabor

Caul Jansen Newell Toy

DeRossett Jelinek Pappageorge Van Woerkom

DeVuyst Johnson, Rick Patterson Vander Roest

DeWeese Johnson, Ruth Pumford Vander Veen

Drolet Julian Raczkowski Vear

Ehardt Koetje Richardville Voorhees

Faunce Kooiman Rocca Woronchak

In The Chair: Julian

Rep. Pumford moved to amend the bill as follows:

1. Amend page 20, line 19, by striking out all of section 403.

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

Rep. Pumford demanded the yeas and nays.

The demand was supported.

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

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

Roll Call No. 70 Yeas--17

Bisbee Jacobs Minore Rivet

Clarke, H. Jamnick Pappageorge Scranton

DeVuyst Kolb Phillips Stallworth

Godchaux Lemmons Pumford Switalski

Hansen

Nays--88

Adamini Frank Lipsey Schauer

Allen Garza Lockwood Shackleton

Anderson George Mans Sheltrown

Basham Gieleghem McConico Shulman

Bernero Gilbert Mead Spade

Birkholz Gosselin Meyer Stamas

Bishop Hager Middaugh Stewart

Bradstreet Hale Mortimer Tabor

Brown, B. Hardman Murphy Thomas

Brown, C. Hart Neumann Toy

Brown, R. Howell Newell Van Woerkom

Callahan Jansen O'Neil Vander Roest

Cassis Jelinek Patterson Vander Veen

Caul Johnson, Rick Pestka Vear

Clark, I. Johnson, Ruth Plakas Voorhees

Daniels Julian Quarles Waters

Dennis Kilpatrick Raczkowski Whitmer

DeRossett Koetje Reeves Williams

DeWeese Kooiman Richardville Wojno

Drolet Kowall Rison Woodward

Ehardt Kuipers Rocca Woronchak

Faunce LaSata Sanborn Zelenko

In The Chair: Julian

Rep. Minore moved to amend the bill as follows:

1. Amend page 2, line 24, by striking out "55,810,240" and inserting "56,905,240".

2. Amend page 2, line 25, by striking out "55,810,240" and inserting "56,905,240".

3. Amend page 3, line 1, by striking out "55,810,240" and inserting "56,905,240".

4. Amend page 3, line 8, by striking out "14,343,130" and inserting "14,624,130".

5. Amend page 3, line 9, by striking out "14,343,130" and inserting "14,624,130".

6. Amend page 3, line 11, by striking out "14,343,130" and inserting "14,624,130".

7. Amend page 3, line 23, by striking out "52,284,550" and inserting "53,309,550".

8. Amend page 3, line 24, by striking out "52,284,550" and inserting "53,309,550".

9. Amend page 3, line 26, by striking out "52,284,550" and inserting "53,309,550".

10. Amend page 4, line 17, by striking out "28,146,460" and inserting "28,681,460".

11. Amend page 4, line 18, by striking out "28,146,460" and inserting "28,681,460".

12. Amend page 4, line 20, by striking out "28,146,460" and inserting "28,681,460".

13. Amend page 4, line 22, by striking out "24,193,800" and inserting "24,668,800".

14. Amend page 4, line 23, by striking out "24,193,800" and inserting "24,668,800".

15. Amend page 4, line 25, by striking out "24,193,800" and inserting "24,668,800" and adjusting the subtotals, totals, and section 201 accordingly.

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

Rep. Minore demanded the yeas and nays.

The demand was supported.

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

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

Roll Call No. 71 Yeas--48

Adamini Garza McConico Shackleton

Anderson Gieleghem Minore Sheltrown

Basham Hale Neumann Spade

Bogardus Hansen O'Neil Stallworth

Brown, B. Hardman Pestka Switalski

Brown, R. Jacobs Phillips Thomas

Callahan Jamnick Plakas Waters

Clark, I. Kilpatrick Pumford Williams

Clarke, H. Kolb Quarles Wojno

Daniels Lemmons Reeves Woodward

Dennis Lockwood Rison Woronchak

Frank Mans Rivet Zelenko

Nays--54

Allen Faunce Kowall Richardville

Bernero George Kuipers Rocca

Birkholz Gilbert LaSata Sanborn

Bisbee Gosselin Lipsey Scranton

Bishop Hager Mead Shulman

Bradstreet Hart Meyer Stamas

Brown, C. Howell Middaugh Tabor

Cassis Jansen Mortimer Van Woerkom

Caul Jelinek Murphy Vander Roest

DeRossett Johnson, Rick Newell Vander Veen

DeVuyst Johnson, Ruth Pappageorge Vear

DeWeese Julian Patterson Voorhees

Drolet Koetje Raczkowski Whitmer

Ehardt Kooiman

In The Chair: Julian

Reps. Frank, Rich Brown and Schauer moved to amend the bill as follows:

1. Amend page 3, line 18, by striking out "55,530,040" and inserting "56,344,430".

2. Amend page 3, line 19, by striking out "55,530,040" and inserting "56,344,430".

3. Amend page 3, line 21, by striking out "55,530,040" and inserting "56,344,430".

4. Amend page 4, line 17, by striking out "28,146,460" and inserting "28,556,460".

5. Amend page 4, line 18, by striking out "28,146,460" and inserting "28,556,460".

6. Amend page 4, line 20, by striking out "28,146,460" and inserting "28,556,460".

7. Amend page 5, line 6, by striking out "132,529,450" and inserting "134,379,450".

8. Amend page 5, line 7, by striking out "132,529,450" and inserting "134,379,450".

9. Amend page 5, line 9, by striking out "132,529,450" and inserting "134,379,450" and adjusting the subtotals, totals, and section 201 accordingly.

The question being on the adoption of the amendments offered by Reps. Frank, Rich Brown and Schauer,

Rep. Frank demanded the yeas and nays.

The demand was supported.

The question being on the adoption of the amendments offered by Reps. Frank, Rich Brown and Schauer,

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

Roll Call No. 72 Yeas--50

Adamini Gieleghem McConico Sheltrown

Anderson Hale Minore Spade

Basham Hansen Neumann Stallworth

Bogardus Hardman O'Neil Switalski

Brown, B. Jacobs Pestka Thomas

Brown, R. Jamnick Phillips Toy

Callahan Johnson, Ruth Plakas Waters

Clark, I. Kilpatrick Quarles Williams

Clarke, H. Kolb Rison Wojno

Daniels Lemmons Rivet Woodward

Dennis Lipsey Schauer Woronchak

Frank Lockwood Shackleton Zelenko

Garza Mans

Nays--53

Allen Faunce Kooiman Richardville

Bernero George Kowall Rocca

Birkholz Gilbert Kuipers Sanborn

Bisbee Godchaux LaSata Scranton

Bishop Gosselin Mead Shulman

Bradstreet Hager Meyer Stamas

Brown, C. Hart Middaugh Tabor

Cassis Howell Mortimer Van Woerkom

Caul Jansen Murphy Vander Roest

DeRossett Jelinek Pappageorge Vander Veen

DeVuyst Johnson, Rick Patterson Vear

DeWeese Julian Pumford Voorhees

Drolet Koetje Raczkowski Whitmer

Ehardt

In The Chair: Julian

Rep. Caul moved to amend the bill as follows:

1. Amend page 23, line 24, after the second "the" by inserting "house and senate".

2. Amend page 33, line 18, after "of" by striking out the balance of the section and inserting "undergraduate students who receive need-based grants, merit-based scholarships and grants, loans, and work-study financial aid for the academic year 2000-2001.".

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 1, line 7, by striking out all of line 7 through the balance of part 1 and inserting:

"HIGHER EDUCATION

Full-time equated classified positions 1.0

GROSS APPROPRIATION $ 1,993,829,610

Total interdepartmental grants and intradepartmental transfers $ 0

ADJUSTED GROSS APPROPRIATION $ 1,993,829,610

Appropriated from:

Federal revenues:

Total federal revenues 4,900,000

Special revenue funds:

Total local revenues 0

Total private revenues 0

Total other state restricted revenues 158,977,600

State general fund/general purpose $ 1,829,952,010

Sec. 102. CENTRAL MICHIGAN UNIVERSITY

Operations $ 94,740,621

GROSS APPROPRIATION $ 94,740,621

Appropriated from:

State general fund/general purpose $ 94,740,621

Sec. 103. EASTERN MICHIGAN UNIVERSITY

Operations $ 88,954,879

GROSS APPROPRIATION $ 88,954,879

Appropriated from:

State general fund/general purpose $ 88,954,879

Sec. 104. FERRIS STATE UNIVERSITY

Operations $ 56,355,240

GROSS APPROPRIATION $ 56,355,240

Appropriated from:

State general fund/general purpose $ 56,355,240

Sec. 105. GRAND VALLEY STATE UNIVERSITY

Operations $ 66,589,500

GROSS APPROPRIATION $ 66,589,500

Appropriated from:

State general fund/general purpose $ 66,589,500

Sec. 106. LAKE SUPERIOR STATE UNIVERSITY

Operations $ 14,483,130

GROSS APPROPRIATION $ 14,483,130

Appropriated from:

State general fund/general purpose $ 14,483,130

Sec. 107. MICHIGAN STATE UNIVERSITY

Operations $ 335,712,900

GROSS APPROPRIATION $ 335,712,900

Appropriated from:

State general fund/general purpose $ 335,712,900

Sec. 108. MICHIGAN TECHNOLOGICAL UNIVERSITY

Operations $ 56,075,040

GROSS APPROPRIATION $ 56,075,040

Appropriated from:

State general fund/general purpose $ 56,075,040

Sec. 109. NORTHERN MICHIGAN UNIVERSITY

Operations $ 52,799,550

GROSS APPROPRIATION $ 52,799,550

Appropriated from:

State general fund/general purpose $ 52,799,550

Sec. 110. OAKLAND UNIVERSITY

Operations $ 55,142,660

GROSS APPROPRIATION $ 55,142,660

Appropriated from:

State general fund/general purpose $ 55,142,660

Sec. 111. SAGINAW VALLEY STATE UNIVERSITY

Operations $ 28,953,010

GROSS APPROPRIATION $ 28,953,010

Appropriated from:

State general fund/general purpose $ 28,953,010

Sec. 112. UNIVERSITY OF MICHIGAN-ANN ARBOR

Operations $ 368,941,860

GROSS APPROPRIATION $ 368,941,860

Appropriated from:

State general fund/general purpose $ 368,941,860

Sec. 113. UNIVERSITY OF MICHIGAN-DEARBORN

Operations $ 28,406,460

GROSS APPROPRIATION $ 28,406,460

Appropriated from:

State general fund/general purpose $ 28,406,460

Sec. 114. UNIVERSITY OF MICHIGAN-FLINT

Operations $ 24,431,800

GROSS APPROPRIATION $ 24,431,800

Appropriated from:

State general fund/general purpose $ 24,431,800

Sec. 115. WAYNE STATE UNIVERSITY

Operations $ 257,469,460

GROSS APPROPRIATION $ 257,469,460

Appropriated from:

State general fund/general purpose $ 257,469,460

Sec. 116. WESTERN MICHIGAN UNIVERSITY

Operations $ 131,289,450

GROSS APPROPRIATION $ 131,289,450

Appropriated from:

State general fund/general purpose $ 131,289,450

Sec. 117. STATE AND REGIONAL PROGRAMS

Full-time equated classified positions 1.0

Agricultural experiment station $ 37,031,110

Cooperative extension service 31,940,475

Michigan molecular institute 238,095

Japan center for Michigan universities 425,415

Higher education database modernization and conversion--1.0 FTE position 275,000

Midwest higher education compact 82,500

GROSS APPROPRIATION $ 69,992,595

Appropriated from:

State general fund/general purpose $ 69,992,595

Sec. 118. MARTIN LUTHER KING, JR. - CESAR CHAVEZ -

ROSA PARKS PROGRAM

Select student supportive services $ 2,184,790

Michigan college/university partnership program 655,435

Morris Hood, Jr. educator development program 165,950

GROSS APPROPRIATION $ 3,006,175

Appropriated from:

State general fund/general purpose $ 3,006,175

Sec. 119. GRANTS AND FINANCIAL AID

State competitive scholarships $ 36,527,205

Tuition grants 66,445,440

Michigan work-study program 8,057,595

Part-time independent student program 2,918,155

Grant for Michigan resident dental graduates 5,078,605

Grant for general degree graduates 6,352,310

Grant for allied health graduates 939,940

Michigan education opportunity grants 2,292,180

Robert C. Byrd honors scholarship program 1,600,000

Michigan merit award program 125,023,850

Tuition incentive program/high school completion 5,250,000

GROSS APPROPRIATION $ 260,485,280

Appropriated from:

Federal revenues:

Higher education act of 1965, title IV, 20 U.S.C. . 3,300,000

Higher education act of 1965, title IV, part A 1,600,000

Special revenue funds:

Michigan merit award trust fund 158,977,600

State general fund/general purpose $ 96,607,680".

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

Rep. Basham demanded the yeas and nays.

The demand was supported.

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

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

Roll Call No. 73 Yeas--53

Adamini Gieleghem McConico Rocca

Anderson Godchaux Minore Scranton

Basham Hale Neumann Spade

Bishop Hansen O'Neil Stallworth

Bogardus Hardman Pestka Switalski

Brown, B. Jacobs Phillips Thomas

Brown, R. Jamnick Plakas Toy

Callahan Kilpatrick Pumford Waters

Cassis Kolb Quarles Williams

Clark, I. Kowall Raczkowski Wojno

Clarke, H. Lemmons Reeves Woodward

Daniels Lockwood Richardville Woronchak

Frank Mans Rison Zelenko

Garza

Nays--50

Allen George Kuipers Sanborn

Bernero Gilbert LaSata Schauer

Birkholz Gosselin Lipsey Sheltrown

Bisbee Hager Mead Shulman

Bradstreet Hart Meyer Stamas

Brown, C. Howell Middaugh Tabor

Caul Jansen Mortimer Van Woerkom

Dennis Jelinek Murphy Vander Roest

DeRossett Johnson, Rick Newell Vander Veen

DeVuyst Johnson, Ruth Pappageorge Vear

DeWeese Julian Patterson Voorhees

Drolet Koetje Rivet Whitmer

Faunce Kooiman

In The Chair: Julian

Rep. Caul moved that the bill be placed on the order of Third Reading of Bills.

The motion prevailed.

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

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

______

Rep. Richner entered the House Chambers.

By unanimous consent the House returned to the order of

Third Reading of Bills

House Bill No. 4258, 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. 74 Yeas--64

Allen Hager Meyer Shackleton

Bernero Hart Middaugh Sheltrown

Birkholz Howell Mortimer Shulman

Bisbee Jansen Murphy Spade

Bradstreet Jelinek Neumann Stamas

Brown, B. Johnson, Rick Newell Tabor

Brown, C. Johnson, Ruth Pappageorge Toy

Caul Julian Patterson Van Woerkom

Dennis Koetje Pestka Vander Roest

DeRossett Kooiman Phillips Vander Veen

DeVuyst Kowall Pumford Vear

DeWeese Kuipers Richardville Voorhees

Ehardt LaSata Rivet Whitmer

Faunce Lipsey Rocca Williams

George Mans Sanborn Wojno

Gilbert Mead Schauer Woronchak

Nays--42

Adamini Drolet Kilpatrick Reeves

Anderson Frank Kolb Richner

Basham Garza Lemmons Rison

Bishop Gieleghem Lockwood Scranton

Bogardus Godchaux McConico Stallworth

Brown, R. Gosselin Minore Switalski

Callahan Hale O'Neil Thomas

Cassis Hansen Plakas Waters

Clark, I. Hardman Quarles Woodward

Clarke, H. Jacobs Raczkowski Zelenko

Daniels Jamnick

In The Chair: Julian

The House agreed to the title of the bill.

______

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

"Mr. Speaker and members of the House:

I vote 'no' on this budget because it includes funding for the University of Michigan, which has spent hundreds of thousands of taxpayer dollars defending a policy which illegally discriminates against deserving students who have

been victimized in admissions by raced-based preferential treatment. I do not believe that we should subsidize discrimination on the basis of race in state college and university admissions. A federal judge has called UM's policy 'practically indistinguishable from a quota system'."

Reps. Plakas, Garza, Woodward, Bogardus, Basham, Callahan, Waters, Rich Brown, Jacobs, Reeves and Anderson, 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 HB 4258 for a number of reasons. This bill was passed from appropriations subcommittee without appropriate oversight and without appropriate input. The bill was not made available to committee members until after the subcommittee meeting started, making it impossible to provide the kind of deliberative oversight that is necessary to insure our higher educational institutions are funded appropriately.

In these times of tighter revenues, this bill provides for an inequitable distribution of funding for our institutions of higher education. It is important to remember that we fund these institutions to ensure that our young people have an opportunity for the best education possible and that that education creates the best trained and educated workforce to help Michigan compete in the global economy. This bill provides for winners and losers."

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

"Mr. Speaker and members of the House:

I voted no on HB 4258. This bill was passed from appropriations subcommittee without appropriate oversight and without appropriate input. The bill was not made available to committee members until after the subcommittee meeting started, making it impossible to provide the kind of deliberative oversight that is necessary to insure our higher educational institutions are funded appropriately.

Rep. Lockwood, 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:

Alternative funding proposals were offered on the House floor by Representatives Bishop and Basham. These proposals would have created a more equitable funding plan for nine of our universities. Unfortunately, the proposals were not adopted. Therefore, I cannot support passage of House Bill 4258."

Rep. Adamini, 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:

While there are many things in the bill that I approve of, the process was so unfair as to render the final product unacceptable. We can, and should do better. We owe our children, grandchildren and the citizens of Michigan a better and more fair process of making these decisions."

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:

Funding for higher education is one of the most important budget bills before the House. I voted no on this budget bill for several reasons:

* The gross inequity between increases ranging from a low of 2% to a high of 13%

* The flawed process which saw the bill move too rapidly through the House without adequate consideration either in subcommittee or the full appropriations committee

* The retention of a tuition cap at 4% when several schools received only 2% increases

* The disparity between the need for expansion of educational opportunity and the inadequate overall funding for higher education

* The apparent 'targeting' of the three UM schools for miserly increases

* And finally, the apparent abdication of the House responsibility in sending to the Senate a bill so seriously flawed that virtually everyone believes it will be so altered upon Senate passage that it will be virtually unrecognizable."

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

"Mr. Speaker and members of the House:

I voted No on this budget because it fails to meet the goal of keeping Michigan on target as a state that supports world class higher education. It fails to equitably fund all of our institutions of higher education and it was developed without the benefit of a deliberative process with input from all of the members serving on the Higher Education Sub Committee. This bill was more about picking winners and losers rather than lifting up all of our colleges and universities. Furthermore, this bill fails to recognize the challenges being faced by higher education institutions with higher energy costs, increasing health care costs and investments in new technology."

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

"Mr. Speaker and members of the House:

I voted no on HB 4258 because the bill was developed through a flawed process that denied input by members of the Higher Education Subcommittee members, and did not reflect the testimony of the Universities themselves. The resulting bill shows that the process was flawed. This bill gave six universities health increases (ranging from 7 to 12.72%), but left nine universities, their students and faculty behind, by giving them minor increases of 2%. An equitable solution does not give some universities increases that are three times the increase of their comparable institutions of higher learning. An equitable solution does not make 6 universities winners and 9 universities losers.

If we are to have a world class public university system we must make the appropriate investment in our institutes of higher education. All of the universities told us of their increasing costs due to raising energy costs, increasing health care costs, and the ongoing costs of technology. The House did not to it's job today, to ensure that we make adequate investments in our public universities. If we are to have a world class economy and a world class state, we must have a world class system of higher education. If we had done our job today we would have lifted every university up, not just some. The students at the universities who were not granted equitable increases will be the ones to suffer any negative consequences of our actions. That is the real tragedy of the vote today. The students at nine of our public universities were the ones we hurt today through our failure to pass a truly equitable funding solution."

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

"Mr. Speaker and members of the House:

Less than two weeks ago, we were warned by the Senate Fiscal Agency that general fund revenues could be down as much as $541 million from the January estimate.

So are we tightening our belts and finally exercising fiscal restraint in this Higher Education budget? No. We're playing games by shifting tobacco lawsuit money to avoid the discipline which a slowing economy demands. Michigan households and businesses have to prioritize spending, and we should do the same.

Also, the tobacco lawsuit money this budget uses to avoid fiscal discipline is not our money. It belongs to the taxpayers. Supposedly, the state sued the tobacco companies because taxpayers were getting stuck with smoker's health care expenses. So if anyone deserves the proceeds from the lawsuit, it is the taxpayers. Let's give it back to them, not use it for budget shenanigans."

______

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

The motion prevailed.

Rep. Patterson moved that when the House adjourns today it stand adjourned until Thursday, March 29, at 10:00 a.m.

The motion prevailed.

Announcement by the Clerk of Printing and Enrollment

The Clerk announced that the following bills had been printed and placed upon the files of the members, Thursday, March 22:

Senate Bill Nos. 350 351 352 353

The Clerk announced that the following bills and joint resolution had been printed and placed upon the files of the members, Friday, March 23:

Senate Bill Nos. 354 355

Senate Joint Resolution P

The Clerk announced that the following bills had been printed and placed upon the files of the members, Wednesday, March 28:

House Bill Nos. 4520 4521 4522 4523 4524 4525 4526 4527 4528 4529 4530 4531 4532 4533 4534 4535 4536 4537

The Clerk announced that the following Senate bills had been received on Wednesday, March 28:

Senate Bill Nos. 105 116 230 232 233 234 235 236 237 238 239 283

By unanimous consent the House returned to the order of

Messages from the Senate

House Bill No. 4234, entitled

A bill to amend 1993 PA 354, entitled "Railroad code of 1993," by amending section 315 (MCL 462.315).

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.

Senate Bill No. 105, entitled

A bill to amend 1984 PA 431, entitled "The management and budget act," (MCL 18.1101 to 18.1594) by adding section 353f.

The Senate has passed the bill.

The bill was read a first time by its title and referred to the Committee on Land Use and Environment.

Senate Bill No. 116, entitled

A bill to amend 1917 PA 273, entitled "An act to regulate and license pawnbrokers in cities and incorporated villages of this state, having a population of more than 3,000," by amending the title and sections 1, 2, 3, 5, 6, 8, and 19 (MCL 446.201, 446.202, 446.203, 446.205, 446.206, 446.208, and 446.219), section 5 as amended by 1998 PA 233.

The Senate has passed the bill.

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

Senate Bill No. 230, entitled

A bill to make appropriations for the department of agriculture for the fiscal year ending September 30, 2002; 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.

The Senate has passed the bill.

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

Senate Bill No. 232, entitled

A bill to make appropriations for the department of career development and the Michigan strategic fund and certain other state purposes for the fiscal year ending September 30, 2002; to provide for the expenditure of the appropriations; and to provide for the disposition of fees and other income received by the state agencies.

The Senate has passed the bill.

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

Senate Bill No. 233, 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, 2002; 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 Senate has passed the bill.

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

Senate Bill No. 234, entitled

A bill to make appropriations for the departments of attorney general, civil rights, civil service, management and budget, state, and treasury, the executive office, and the legislative branch for the fiscal year ending September 30, 2002; to provide for the expenditure of these appropriations; to provide for the funding of certain work projects; to provide for the imposition of certain fees; to establish or continue certain funds, programs, and categories; to transfer certain funds; to prescribe certain requirements for bidding on state contracts; to provide for disposition of year-end balances for the fiscal year ending September 30, 2002; to prescribe the powers and duties of certain principal executive departments and state agencies, officials, and employees; and to provide for the disposition of fees and other income received by the various principal executive departments and state agencies.

The Senate has passed the bill.

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

Senate Bill No. 235, entitled

A bill to make appropriations for the family independence agency and certain state purposes related to public welfare services for the fiscal year ending September 30, 2002; to provide for the expenditure of the appropriations; to create funds; to provide for the imposition of fees; to provide for reports; to provide for the disposition of fees and other income received by the state agency; and to provide for the powers and duties of certain individuals, local governments, and state departments, agencies, and officers.

The Senate has passed the bill.

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

Senate Bill No. 236, entitled

A bill to make appropriations for the judicial branch for the fiscal year ending September 30, 2002; 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.

The Senate has passed the bill.

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

Senate Bill No. 237, entitled

A bill to make appropriations for the department of military and veterans affairs for the fiscal year ending September 30, 2002; 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 Senate has passed the bill.

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

Senate Bill No. 238, entitled

A bill to make appropriations for the department of state police and certain other state purposes for the fiscal year ending September 30, 2002; to provide for the expenditure of those appropriations; to provide for certain reports and the consideration of those reports; to provide for the disposition of other income received by the various state agencies; to provide for the testing of certain persons; to provide for certain emergency powers; and to provide for the powers and duties of certain committees, certain state agencies, and certain employees.

The Senate has passed the bill.

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

Senate Bill No. 239, entitled

A bill to make appropriations for the state transportation department and certain transportation purposes for the fiscal year ending September 30, 2002; 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.

The Senate has passed the bill.

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

Senate Bill No. 283, entitled

A bill to make, supplement, and adjust appropriations for capital outlay and certain state departments and agencies for the fiscal year ending September 30, 2001; to implement the appropriations within the budgetary process; to provide for the expenditure of appropriations; and to repeal acts and parts of acts.

The Senate has passed the bill.

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

Senate Concurrent Resolution No. 7.

A concurrent resolution to change the scope of the School of Natural Resources S.T. Dana Building project at the University of Michigan.

Whereas, The University of Michigan School of Natural Resources S.T. Dana Building project was authorized in 1999 PA 265 with a total project cost of $15,000,000; and

Whereas, The University of Michigan has estimated that the total cost to complete the School of Natural Resources S.T. Dana Building has increased to $17,700,000; and

Whereas, The University of Michigan has agreed to fund the increase in the project cost of $2,700,000 from University of Michigan internal sources; and

Whereas, Pursuant to section 246 of 1984 PA 431, as amended, being MCL § 18.1246, the authorized cost of projects shall only be established or revised by specific reference in a budget act, by concurrent resolution adopted by both houses of the legislature, or inferred by the total amount of any appropriations made to complete plans and construction; now, therefore, be it

Resolved by the Senate (the House of Representatives concurring), That the Michigan Legislature recognizes the need to increase the total authorized cost for the University of Michigan School of Natural Resources S.T. Dana Building project to an amount not to exceed $17,700,000 (State Building Authority share $11,249,900; State General Fund/General Purpose share $100; and University of Michigan share $6,450,000), and that the legislature intends to continue to appropriate funds for construction subject to the limitations herein stated, in amounts not to exceed the authorized cost, subject to the ordinary vicissitudes of the legislative process; and be it further

Resolved, That copies of this resolution be transmitted to the State Budget Director, the Director of the Department of Management and Budget, and the University of Michigan.

The Senate has adopted the concurrent resolution.

The concurrent resolution was referred to the Committee on Appropriations.

______

Rep. Schauer moved that the House adjourn.

The motion prevailed, the time being 4:15 p.m.

Associate Speaker Pro Tempore Julian declared the House adjourned until Thursday, March 29, at 10:00 a.m.

GARY L. RANDALL

Clerk of the House of Representatives.

Adamini	Frank	McConico	Schauer
Allen	Garza	Mead	Shackleton
Anderson	George	Meyer	Sheltrown
Basham	Gieleghem	Middaugh	Spade
Bernero	Gilbert	Minore	Stallworth
Birkholz	Gosselin	Mortimer	Stamas
Bisbee	Hager	Murphy	Switalski
Bishop	Hale	Neumann	Tabor
Bovin	Hansen	Newell	Thomas
Bradstreet	Howell	O'Neil	Toy
Brown, B.	Jacobs	Pappageorge	Van Woerkom
Brown, C.	Jamnick	Patterson	Vander Roest
Brown, R.	Johnson, Rick	Pestka	Vander Veen
Callahan	Julian	Phillips	Vear
Cassis	Kilpatrick	Plakas	Voorhees
Caul	Kolb	Quarles	Waters
Clark, I.	Kooiman	Reeves	Whitmer
Clarke, H.	Kowall	Richardville	Williams
DeVuyst	Kuipers	Rison	Wojno
DeWeese	Lipsey	Rivet	Woodward
Drolet	Lockwood	Rocca	Woronchak
Ehardt	Mans	Sanborn	Zelenko

Dennis	Jansen	Koetje	Raczkowski
Godchaux	Jelinek	LaSata	Shulman
Hart	Johnson, Ruth	Pumford	Stewart

GROSS APPROPRIATION	$	1,993,829,610
Total interdepartmental grants and intradepartmental transfers	$	0
ADJUSTED GROSS APPROPRIATION	$	1,993,829,610

Adamini	Garza	Lemmons	Rison
Anderson	Gieleghem	Lockwood	Rocca
Bishop	Godchaux	Mans	Scranton
Bogardus	Hale	McConico	Shackleton
Brown, B.	Hansen	Minore	Spade
Brown, R.	Hardman	Neumann	Stallworth
Callahan	Jacobs	Phillips	Thomas
Cassis	Jamnick	Pumford	Toy
Clark, I.	Kilpatrick	Raczkowski	Wojno
Clarke, H.	Kolb	Reeves	Woodward
Daniels	Kowall	Richardville	Woronchak