No. 50

STATE OF MICHIGAN

JOURNAL

OF THE

House of Representatives

92nd Legislature


REGULAR SESSION OF 2003


House Chamber, Lansing, Wednesday, June 11, 2003.

1:00 p.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.

Accavitti--present Garfield--present Meyer--present Sheen--present

Acciavatti--present Gieleghem--present Middaugh--present Sheltrown--present

Adamini--present Gillard--present Milosch--present Shulman--present

Amos--present Gleason--present Minore--present Smith--present

Anderson--present Hager--present Moolenaar--present Spade--present

Bieda--present Hardman--present Mortimer--present Stahl--present

Bisbee--present Hart--present Murphy--present Stakoe--present

Bradstreet--present Hood--present Newell--present Stallworth--present

Brandenburg--present Hoogendyk--present Nitz--present Steil--present

Brown--present Hopgood--present Nofs--present Stewart--present

Byrum--present Howell--present O'Neil--present Tabor--excused

Casperson--present Huizenga--present Paletko--present Taub--present

Caswell--present Hummel--present Palmer--present Tobocman--present

Caul--present Hune--present Palsrok--present Vagnozzi--present

Cheeks--present Hunter--present Pappageorge--present Van Regenmorter--present

Clack--present Jamnick--present Pastor--present Vander Veen--present

Condino--present Johnson, Rick--present Phillips--present Voorhees--present

Daniels--present Johnson, Ruth--present Plakas--present Walker--present

Dennis--present Julian--present Pumford--present Ward--present

DeRoche--present Koetje--present Reeves--present Waters--present

DeRossett--excused Kolb--present Richardville--present Wenke--present

Drolet--present Kooiman--present Rivet--present Whitmer--present

Ehardt--present LaJoy--present Robertson--present Williams--present

Elkins--present LaSata--present Rocca--present Wojno--present

Emmons--present Law--present Sak--present Woodward--present

Farhat--present Lipsey--present Shackleton--present Woronchak--present

Farrah--present McConico--present Shaffer--present Zelenko--present

Gaffney--present Meisner--present

e/d/s = entered during session

Rep. Andy Meisner, from the 27th District, offered the following invocation:

"Our God and God of our ancestors, we ask Your blessings and protection for our country, for its government, for its leader and advisors, for all who exercise just and rightful authority and for our soldiers on the battlefield. Teach them insights of Your Torah, that they may administer all affairs of state fairly, that peace and security, happiness and prosperity, justice and freedom may forever abide in our midst. Creator of all flesh, bless all the inhabitants of our country with Your spirit. May citizens of all races and creeds forge a common bond in true harmony to banish all hatred and bigotry, and to safeguard the ideals and free institutions which are the pride and glory of our country. May this land under Your Providence be an influence for good throughout the world, uniting all people in peace and freedom and helping them to fulfill the vision of Your prophet, 'Nation shall not lift up sword against nation, neither shall they experience war any more.' And let us say Amen."

______

Rep. Palmer moved that Reps. DeRossett and Tabor be excused from today's session.

The motion prevailed.

Reports of Standing Committees

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

House Bill No. 4524, entitled

A bill to amend 1984 PA 431, entitled "The management and budget act," by amending section 361 (MCL 18.1361).

Without amendment and with the recommendation that the bill pass.

The bill was referred to the order of Second Reading of Bills and laid over one day.

Favorable Roll Call

To Report Out:

Yeas: Reps. Wenke, Sheen, Koetje, Meyer, Drolet, Hummel, Milosch, Nofs, Stakoe, O'Neil, Minore, Farrah, Bieda, Zelenko and Condino

Nays: None

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

House Bill No. 4710, entitled

A bill to amend 1967 PA 281, entitled "Income tax act of 1967," by amending section 311 (MCL 206.311), as amended by 1987 PA 254.

Without amendment and with the recommendation that the bill pass.

The bill was referred to the order of Second Reading of Bills and laid over one day.

Favorable Roll Call

To Report Out:

Yeas: Reps. Wenke, Sheen, Koetje, Meyer, Hummel, Milosch, Nofs, Stakoe, O'Neil, Farrah, Bieda, Zelenko and Condino

Nays: None

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

House Bill No. 4712, entitled

A bill to amend 1964 PA 284, entitled "City income tax act," by amending section 32 of chapter 2 (MCL 141.632).

Without amendment and with the recommendation that the bill pass.

The bill was referred to the order of Second Reading of Bills and laid over one day.

Favorable Roll Call

To Report Out:

Yeas: Reps. Wenke, Sheen, Koetje, Drolet, Hummel, Milosch, Nofs, Stakoe, O'Neil, Farrah and Bieda

Nays: None

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

Senate Bill No. 362, entitled

A bill to amend 1979 PA 72, entitled "An act to require the governor to report certain tax expenditure items with the annual budget message to the legislature," by amending the title and sections 1, 2, and 3 (MCL 21.271, 21.272, and 21.273), section 2 as amended by 1996 PA 32 and section 3 as amended by 1983 PA 7.

Without amendment and with the recommendation that the bill pass.

The bill was referred to the order of Second Reading of Bills and laid over one day.

Favorable Roll Call

To Report Out:

Yeas: Reps. Wenke, Sheen, Koetje, Meyer, Drolet, Hummel, Milosch, Nofs, Stakoe, O'Neil, Minore, Farrah, Bieda, Zelenko and Condino

Nays: None

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Wednesday, June 11, 2003, at 9:00 a.m.

Present: Reps. Wenke, Sheen, Koetje, Meyer, Drolet, Hummel, Milosch, Nofs, Stakoe, O'Neil, Minore, Farrah, Bieda, Zelenko and Condino

Absent: Reps. Woronchak and Palmer

Excused: Reps. Woronchak and Palmer

The Committee on Criminal Justice, by Rep. Van Regenmorter, Chair, reported

House Bill No. 4715, entitled

A bill to amend 1966 PA 189, entitled "An act to provide procedures for making complaints for, obtaining, executing and returning search warrants; and to repeal certain acts and parts of acts," by amending section 1 (MCL 780.651), as amended by 2002 PA 506.

Without amendment and with the recommendation that the bill pass.

The bill was referred to the order of Second Reading of Bills and laid over one day.

Favorable Roll Call

To Report Out:

Yeas: Reps. Van Regenmorter, Stakoe, Howell, LaSata, Gaffney, Nofs, Meisner, Condino and Hood

Nays: None

The Committee on Criminal Justice, by Rep. Van Regenmorter, Chair, reported

House Resolution No. 66.

A resolution to urge the Michigan Lottery Bureau to join the Amber Alert system.

(For text of resolution, see House Journal No. 42, p. 634.)

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

To Report Out:

Yeas: Reps. Van Regenmorter, Stakoe, Howell, Gaffney, Nofs, Meisner, Condino and Hood

Nays: None

COMMITTEE ATTENDANCE REPORT

The following report, submitted by Rep. Van Regenmorter, Chair of the Committee on Criminal Justice, was received and read:

Meeting held on: Wednesday, June 11, 2003, at 10:30 a.m.

Present: Reps. Van Regenmorter, Stakoe, Howell, LaSata, Gaffney, Nofs, Meisner, Condino and Hood

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

Senate Bill No. 281, entitled

A bill to make appropriations for the judicial branch for the fiscal year ending September 30, 2004; 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.

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 and laid over one day.

Favorable Roll Call

To Report Out:

Yeas: Reps. Shulman, Emmons, Caul, Pumford, Shackleton, Kooiman, Newell, Stewart, Acciavatti, Amos, Caswell, Farhat, Moolenaar, Pastor, Shaffer, Steil, Taub, Walker, Brandenburg, Mortimer, Whitmer, Brown, Kolb, Phillips, Plakas, Reeves, Williams, Cheeks, Hunter, Paletko, Sak and Zelenko

Nays: None

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

Senate Bill No. 286, 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, 2004; 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.

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 and laid over one day.

Favorable Roll Call

To Report Out:

Yeas: Reps. Shulman, Emmons, Caul, Pumford, Shackleton, Kooiman, Newell, Stewart, Acciavatti, Amos, Caswell, Farhat, Moolenaar, Pastor, Shaffer, Steil, Taub, Walker, Brandenburg, Mortimer, Whitmer, Brown, Kolb, Phillips, Plakas, Reeves, Williams, Cheeks, Hunter, Paletko, Sak and Zelenko

Nays: None

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

Senate Bill No. 288, entitled

A bill to make appropriations for the department of agriculture for the fiscal year ending September 30, 2004; 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.

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 and laid over one day.

Favorable Roll Call

To Report Out:

Yeas: Reps. Shulman, Emmons, Caul, Pumford, Shackleton, Kooiman, Newell, Stewart, Acciavatti, Amos, Caswell, Farhat, Hoogendyk, Moolenaar, Pastor, Shaffer, Steil, Taub, Walker, Brandenburg, Mortimer, Whitmer, Brown, Kolb, Phillips, Plakas, Reeves, Williams, Cheeks, Hunter, Paletko, Sak and Zelenko

Nays: None

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

House Resolution No. 33.

A resolution to memorialize the Congress of the United States to appropriate an additional $5 billion for road and bridge improvement projects.

(For text of resolution, see House Journal No. 26, p. 325.)

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

To Report Out:

Yeas: Reps. Shulman, Emmons, Caul, Pumford, Shackleton, Kooiman, Newell, Stewart, Acciavatti, Amos, Caswell, Farhat, Moolenaar, Pastor, Shaffer, Steil, Taub, Walker, Brandenburg, Mortimer, Whitmer, Brown, Kolb, Phillips, Plakas, Reeves, Williams, Cheeks, Hunter, Paletko, Sak and Zelenko

Nays: None

COMMITTEE ATTENDANCE REPORT

The following report, submitted by Rep. Shulman, Chair of the Committee on Appropriations, was received and read:

Meeting held on: Wednesday, June 11, 2003, at 11:00 a.m.

Present: Reps. Shulman, Emmons, Caul, Pumford, Shackleton, Kooiman, Newell, Stewart, Acciavatti, Amos, Caswell, Farhat, Hoogendyk, Moolenaar, Pastor, Shaffer, Steil, Taub, Walker, Brandenburg, Mortimer, Whitmer, Brown, Kolb, Phillips, Plakas, Reeves, Williams, Cheeks, Hunter, Paletko, Sak and Zelenko

COMMITTEE ATTENDANCE REPORT

The following report, submitted by Rep. Bradstreet, Chair of the Committee on Energy and Technology, was received and read:

Meeting held on: Wednesday, June 11, 2003, at 9:00 a.m.

Present: Reps. Bradstreet, Huizenga, Middaugh, Bisbee, Casperson, DeRoche, Garfield, LaJoy, Nitz, Palsrok, Stahl, McConico, Rivet, Daniels, Woodward, Hopgood, Murphy and Stallworth

Absent: Rep. LaSata

Excused: Rep. LaSata

COMMITTEE ATTENDANCE REPORT

The following report, submitted by Rep. Julian, Chair of the Committee on Insurance, was received and read:

Meeting held on: Wednesday, June 11, 2003, at 10:30 a.m.

Present: Reps. Julian, Hune, Bisbee, Ehardt, Middaugh, Mortimer, Hummel, Garfield, Robertson, Sheen, Daniels, Woodward, Anderson, Wojno, Hood, Gillard and Condino

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 on Friday, June 6:

Senate Bill Nos. 537 538 539 540 541 542 543 544 545 546 547 548 549 550 551 552 553 555 556 557 558 559 560 561

The Clerk announced the enrollment printing and presentation to the Governor on Wednesday, June 11, for her approval of the following bills:

Enrolled House Bill No. 4561 at 11:42 a.m.

Enrolled House Bill No. 4567 at 11:44 a.m.

Enrolled House Bill No. 4568 at 11:46 a.m.

Enrolled House Bill No. 4569 at 11:48 a.m.

The Clerk announced that the following bills had been printed and placed upon the files of the members on Wednesday, June 11:

House Bill Nos. 4812 4813 4814 4815 4816 4817 4818 4819 4820 4821 4822 4823 4824 4825 4826 4827 4828

The Clerk announced that the following Senate bills had been received on Wednesday, June 11:

Senate Bill Nos. 352 530

By unanimous consent the House returned to the order of

Messages from the Senate

House Bill No. 4330, entitled

A bill to amend 1949 PA 300, entitled "Michigan vehicle code," by amending section 803e (MCL 257.803e), as amended by 1998 PA 68.

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. 4556, entitled

A bill to amend 1967 PA 281, entitled "Income tax act of 1967," by amending section 110 (MCL 206.110), as amended by 1996 PA 484.

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. 4333, entitled

A bill to amend 1949 PA 300, entitled "Michigan vehicle code," by amending section 907 (MCL 257.907), as amended by 2002 PA 534.

The Senate has amended the bill as follows:

1. Amend page 6, following line 2, by inserting:

"Enacting section 1. This amendatory act takes effect October 1, 2003.".

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.

Senate Bill No. 352, entitled

A bill to designate March 31 of each year as Cesar E. Chavez day in the state of Michigan.

The Senate has passed the bill.

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

Senate Bill No. 530, entitled

A bill to amend 2001 PA 142, entitled "Michigan memorial highway act," (MCL 250.1001 to 250.1100) by adding section 86.

The Senate has passed the bill.

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

Communications from State Officers

The following communication from the Department of Consumer and Industry Services was received and read:

May 30, 2003

Pursuant to Section 314 of P.A. 527 of 2002, we are enclosing a copy of the following reports:

Type of ReportFacilityReport #License #

Interim Approval Report Shawono Center CS200201404

Special Inv. Report Arbor Heights 2003C0212039 CS810200952

Community Justice Ctr.

This report was performed in compliance with the requirements of P.A. 116 of 1973 as amended, and the Administrative Rules for Child Caring Institutions. The report may also be viewed on our website under "Inside CIS" at the following address: http://www.michigan.gov/cis/.

If you have any questions regarding this information, please feel free to contact me at 373-3892.

Sincerely,

Allan R. Pohl

Acting Director

Finance and Administrative Services

The communication was referred to the Clerk.

The following communications from the Auditor General were received and read:

June 5, 2003

Enclosed is a copy of the following audit report and/or report summary:

Performance Audit of the

Automated Information Systems

Department of Treasury

June 2003

June 6, 2003

Enclosed is a copy of the following audit report and/or report summary:

Performance Audit of the

Division of Chronic Disease and Injury Control

Community Public Health Agency

Department of Community Health

June 2003

June 9, 2003

Enclosed is a copy of the following audit report and/or report summary:

Financial Audit, Including the Provisions

of the Single Audit Act, of the

Department of Agriculture

October 1, 2000 through September 30, 2002

June 9, 2003

Enclosed is a copy of the following audit report and/or report summary:

Performance Audit of the

Federal Cash Management Improvement Act Program

Department of Treasury

June 2003

Sincerely,

Thomas H. McTavish, C.P.A.

Auditor General

The communications were referred to the Clerk and the accompanying reports referred to the Committee on Government Operations.

By unanimous consent the House returned to the order of

Reports of Standing Committees

The Speaker laid before the House

House Resolution No. 62.

A resolution to memorialize the Congress of the United States and the Federal Trade Commission to address the issue of unsolicited commercial email, otherwise known as spam, on a national basis.

(For text of resolution, see House Journal No. 42, p. 632.)

(The resolution was reported by the Committee on Energy and Technology on June 4, consideration of which, under the rules, was postponed until June 5.)

The question being on the adoption of the resolution,

The resolution was adopted.

The Speaker laid before the House

House Resolution No. 67.

A resolution to memorialize the Congress of the United States to enact H.R. 369, a bill to waive time limitations for the consideration of the Congressional Medal of Honor in a certain case.

(For text of resolution, see House Journal No. 43, p. 659.)

(The resolution was reported by the Committee on Local Government and Urban Policy on June 10, consideration of which, under the rules, was postponed until today.)

The question being on the adoption of the resolution,

The resolution was adopted.

Second Reading of Bills

Senate Bill No. 277, entitled

A bill to make appropriations for the department of state police and certain other state purposes for the fiscal year ending September 30, 2004; to provide for the expenditure of those appropriations; to provide for certain reports and the consideration of those reports; to provide for the disposition of other income received by the various state agencies; to provide for the testing of certain persons; to provide for certain emergency powers; and to provide for the powers and duties of certain committees, certain state agencies, and certain employees.

Was read a second time, and the question being on the adoption of the proposed substitute (H-1) previously recommended by the Committee on Appropriations,

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

Rep. Cheeks moved to amend the bill as follows:

1. Amend page 21, following line 15, by inserting:

"Sec. 503. (1) Subject to subsection (2), in addition to the funds appropriated under part 1, $1,500,000.00 is appropriated from the state general fund for local forensic laboratory grants. The appropriated funds shall be distributed to those municipalities receiving funds under the forensic laboratory funding act, 1994 PA 35, MCL 12.201 to 12.212, proportional to the number of criminal investigations reported by each municipality under section 7(2) of the forensic laboratory funding act, 1994 PA 35, MCL 12.207.

(2) The appropriation in subsection (1) shall be effective only if 1 or more driver's license fees are increased under the Michigan vehicle code, 1949 PA 300, MCL 257.1 to 257.923, effective during the fiscal year ending September 30, 2004.".

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

Rep. Reeves demanded the yeas and nays.

The demand was supported.

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

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

Roll Call No. 200 Yeas--43

Accavitti Farrah McConico Sak

Adamini Gaffney Meisner Smith

Amos Gieleghem Minore Stallworth

Anderson Hardman Murphy Tobocman

Brown Hood Nofs Vagnozzi

Byrum Hopgood O'Neil Waters

Cheeks Hunter Paletko Whitmer

Clack Jamnick Phillips Williams

Condino Kolb Plakas Woodward

Daniels Law Reeves Zelenko

Dennis Lipsey Rivet

Nays--65

Acciavatti Hager Milosch Sheltrown

Bieda Hart Moolenaar Shulman

Bisbee Hoogendyk Mortimer Spade

Bradstreet Howell Newell Stahl

Brandenburg Huizenga Nitz Stakoe

Casperson Hummel Palmer Steil

Caswell Hune Palsrok Stewart

Caul Johnson, Rick Pappageorge Taub

DeRoche Johnson, Ruth Pastor Van Regenmorter

Drolet Julian Pumford Vander Veen

Ehardt Koetje Richardville Voorhees

Elkins Kooiman Robertson Walker

Emmons LaJoy Rocca Ward

Farhat LaSata Shackleton Wenke

Garfield Meyer Shaffer Wojno

Gillard Middaugh Sheen Woronchak

Gleason

In The Chair: Julian

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

The motion prevailed.

Rep. Huizenga 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. 277, entitled

A bill to make appropriations for the department of state police and certain other state purposes for the fiscal year ending September 30, 2004; to provide for the expenditure of those appropriations; to provide for certain reports and the consideration of those reports; to provide for the disposition of other income received by the various state agencies; to provide for the testing of certain persons; to provide for certain emergency powers; and to provide for the powers and duties of certain committees, certain state agencies, and certain employees.

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

Roll Call No. 201 Yeas--108

Accavitti Garfield Meisner Shaffer

Acciavatti Gieleghem Meyer Sheen

Adamini Gillard Middaugh Sheltrown

Amos Gleason Milosch Shulman

Anderson Hager Minore Smith

Bieda Hardman Moolenaar Spade

Bisbee Hart Mortimer Stahl

Bradstreet Hood Murphy Stakoe

Brandenburg Hoogendyk Newell Stallworth

Brown Hopgood Nitz Steil

Byrum Howell Nofs Stewart

Casperson Huizenga O'Neil Taub

Caswell Hummel Paletko Tobocman

Caul Hune Palmer Vagnozzi

Cheeks Hunter Palsrok Van Regenmorter

Clack Jamnick Pappageorge Vander Veen

Condino Johnson, Rick Pastor Voorhees

Daniels Johnson, Ruth Phillips Walker

Dennis Julian Plakas Ward

DeRoche Koetje Pumford Waters

Drolet Kolb Reeves Wenke

Ehardt Kooiman Richardville Whitmer

Elkins LaJoy Rivet Williams

Emmons LaSata Robertson Wojno

Farhat Law Rocca Woodward

Farrah Lipsey Sak Woronchak

Gaffney McConico Shackleton Zelenko

Nays--0

In The Chair: Julian

The House agreed to the title of the bill.

Rep. Huizenga 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

The Speaker laid before the House

House Resolution No. 37.

A resolution to memorialize the Congress of the United States to enact legislation that would remove the unfair advantages that Federal Prison Industries has in competition for business.

(For text of resolution, see House Journal No. 29, p. 375.)

(The resolution was reported by the Committee on Government Operations on June 4, consideration of which, under the rules, was postponed until June 5.)

The question being on the adoption of the resolution,

The resolution was adopted.

Second Reading of Bills

Senate Bill No. 266, entitled

A bill to make appropriations for the department of military and veterans affairs for the fiscal year ending September 30, 2004; 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.

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. Williams moved to amend the bill as follows:

1. Amend page 4, line 11, by striking out "885,900" and inserting "886,000".

2. Amend page 4, line 12, by striking out "732,300" and inserting "732,400".

3. Amend page 4, line 13, by striking out "336,200" and inserting "336,300".

4. Amend page 4, line 14, by striking out "464,700" and inserting "464,800".

5. Amend page 4, line 15, by striking out "885,900" and inserting "886,000".

6. Amend page 4, line 16, by striking out "165,600" and inserting "165,700".

7. Amend page 4, line 17, by striking out "157,800" and inserting "157,900".

8. Amend page 4, line 19, by striking out "41,100" and inserting "41,200".

9. Amend page 4, line 20, by striking out "41,100" and inserting "41,200".

10. Amend page 4, line 22, by striking out "159,400" and inserting "159,500".

11. Amend page 4, line 23, by striking out "41,100" and inserting "41,200" and adjusting the subtotals, totals, and section 201 accordingly.

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

Rep. Williams demanded the yeas and nays.

The demand was supported.

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

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

Roll Call No. 202 Yeas--47

Accavitti Farrah McConico Smith

Adamini Gieleghem Meisner Spade

Anderson Gillard Minore Stallworth

Bieda Gleason Murphy Tobocman

Brown Hardman O'Neil Vagnozzi

Byrum Hood Paletko Waters

Cheeks Hopgood Phillips Whitmer

Clack Hunter Plakas Williams

Condino Jamnick Reeves Wojno

Daniels Kolb Rivet Woodward

Dennis Law Sak Zelenko

Elkins Lipsey Sheltrown

Nays--61

Acciavatti Hart Milosch Shaffer

Amos Hoogendyk Moolenaar Sheen

Bisbee Howell Mortimer Shulman

Bradstreet Huizenga Newell Stahl

Brandenburg Hummel Nitz Stakoe

Casperson Hune Nofs Steil

Caswell Johnson, Rick Palmer Stewart

Caul Johnson, Ruth Palsrok Taub

DeRoche Julian Pappageorge Van Regenmorter

Drolet Koetje Pastor Vander Veen

Ehardt Kooiman Pumford Voorhees

Emmons LaJoy Richardville Walker

Farhat LaSata Robertson Ward

Gaffney Meyer Rocca Wenke

Garfield Middaugh Shackleton Woronchak

Hager

In The Chair: Julian

Rep. Mortimer moved to amend the bill as follows:

1. Amend page 2, line 20, by increasing the amount by $10,000.00 and adjusting the subtotals, totals, and section 201 accordingly.

2. Amend page 13, following line 12, by inserting:

"Sec. 303. From the funds appropriated in section 102 for headquarters and armories, $10,000.00 shall be expended by the department for distribution of prepaid phone cards by the state family program office to Army, Navy, Air Force, Marine Corps., and Coast Guard Reservists deployed overseas on active duty.".

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

Reps. Nofs and Sheltrown moved to amend the bill as follows:

1. Amend page 2, line 20, by increasing the amount by $10,000.00 and adjusting the subtotals, totals, and section 201 accordingly.

2. Amend page 13, following line 12, by inserting:

"Sec. 303. From the funds appropriated in section 102 for headquarters and armories, $10,000.00 shall be expended by the department for distribution of prepaid phone cards by the state family program office to national guard members deployed overseas on active duty.".

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

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

The motion prevailed.

Rep. Huizenga 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. 266, entitled

A bill to make appropriations for the department of military and veterans affairs for the fiscal year ending September 30, 2004; 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.

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

Roll Call No. 203 Yeas--107

Accavitti Garfield Meisner Sheen

Acciavatti Gieleghem Meyer Sheltrown

Adamini Gillard Middaugh Shulman

Amos Gleason Milosch Smith

Anderson Hager Minore Spade

Bieda Hardman Moolenaar Stahl

Bisbee Hart Mortimer Stakoe

Bradstreet Hood Murphy Stallworth

Brandenburg Hoogendyk Newell Steil

Brown Hopgood Nitz Stewart

Byrum Howell Nofs Taub

Casperson Huizenga O'Neil Tobocman

Caswell Hummel Paletko Vagnozzi

Caul Hune Palmer Van Regenmorter

Cheeks Hunter Palsrok Vander Veen

Clack Jamnick Pappageorge Voorhees

Condino Johnson, Rick Pastor Walker

Daniels Johnson, Ruth Phillips Ward

Dennis Julian Plakas Waters

DeRoche Koetje Pumford Wenke

Drolet Kolb Reeves Whitmer

Ehardt Kooiman Richardville Williams

Elkins LaJoy Rivet Wojno

Emmons LaSata Robertson Woodward

Farhat Law Rocca Woronchak

Farrah Lipsey Sak Zelenko

Gaffney McConico Shaffer

Nays--1

Shackleton

In The Chair: Julian

The House agreed to the title of the bill.

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

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

______

Rep. Shackleton, 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:

In challenging economic times, the state must fund it's priorities. Helping care for our aged veterans should be one of our top priorities. I voted no on the final passage of the Military and Veterans Affairs budget because it reflects a decrease in the amount of state support to our two veterans homes."

______

Rep. Huizenga 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. Sheltrown, Tabor, Rivet, Brown, Elkins, Gillard, Lipsey, Adamini and DeRossett offered the following resolution:

House Resolution No. 82.

A resolution to memorialize the Congress of the United States not to enact any legislation that would ban bear baiting on federal lands.

Whereas, Michigan, along with other states throughout the country, has been very successful in its wildlife management strategies. While there is always more progress to be made, the increasing numbers of game animals and effective control of wildlife populations in Michigan and other states reflect the wisdom of local management of wildlife and hunting matters; and

Whereas, Congress is considering legislation, H. R. 1472, that would require the adoption and enforcement of regulations that would prohibit the intentional feeding of bears on federal lands in order to end what is known as "bear baiting"; and

Whereas, Of the states that allow bear hunting, Michigan is one of several that permit bear baiting. The experience in Michigan and the other states that permit bear baiting is that this technique is a valuable and highly effective wildlife management tool. The voters of Michigan overwhelmingly rejected a 1996 ballot proposal that included a ban of bear baiting. Bear baiting is part of an overall strategy that effectively controls the bear population and does so more humanely than hunting techniques that may result in higher rates of injuries for the animals. This mechanism has clearly allowed Michigan to keep the bear population at appropriate levels; and

Whereas, Michigan is a state that includes extensive federal lands. The citizens of our state have used these lands respectfully, and our state's hunting and fishing management efforts have enhanced these lands over the years. Michigan's proven effectiveness in dealing with wildlife management challenges should not be negated by federal control of the matter of bear hunting; now, therefore, be it

Resolved by the House of Representatives, That we memorialize the Congress of the United States not to enact any legislation that would ban bear baiting on federal lands; and be it further

Resolved, That copies of this resolution be transmitted to the President of the United States Senate, the Speaker of the United States House of Representatives, and the members of the Michigan congressional delegation.

The resolution was referred to the Committee on Conservation and Outdoor Recreation.

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Rep. Kooiman moved that the House adjourn.

The motion prevailed, the time being 4:55 p.m.

The Speaker Pro Tempore declared the House adjourned until Thursday, June 12, at 10:00 a.m.

GARY L. RANDALL

Clerk of the House of Representatives