2003-HJ-02-20-013

No. 13

STATE OF MICHIGAN

JOURNAL

OF THE

House of Representatives

92nd Legislature

REGULAR SESSION OF 2003

House Chamber, Lansing, Thursday, February 20, 2003.

10:00 a.m.

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

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

Accavitti--present Garfield--present Meisner--present Sheen--present

Acciavatti--present Gieleghem--present Meyer--present Sheltrown--present

Adamini--present Gillard--present Middaugh--present Shulman--present

Amos--present Gleason--present Milosch--present Smith--present

Anderson--present Hager--present Minore--present Spade--present

Bieda--present Hardman--present Moolenaar--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--present

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--present 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

e/d/s = entered during session

Rep. John Stahl, from the 82nd District, offered the following invocation:

"Lord, we are truly thankful to come into this house of responsibility. We invite Your spirit to come in. We ask for Your wisdom to lead. With all the decisions that have been made by the Governor and will be made by us, we ask that we will do it in the best interest of the state; for our constituents; that we'll come together; that we will be united in thought for our fellow man and woman. We ask You to give us patience and let us have character with kindness--treating each other as we were all made in Your image. We ask this in Jesus' name. Amen."

Second Reading of Bills

House Bill No. 4010, entitled

A bill to amend 1974 PA 198, entitled "An act to provide for the establishment of plant rehabilitation districts and industrial development districts in local governmental units; to provide for the exemption from certain taxes; to levy and collect a specific tax upon the owners of certain facilities; to impose and provide for the disposition of an administrative fee; to provide for the disposition of the tax; to provide for the obtaining and transferring of an exemption certificate and to prescribe the contents of those certificates; to prescribe the powers and duties of the state tax commission and certain officers of local governmental units; and to provide penalties," by amending section 2 (MCL 207.552), as amended by 2002 PA 280.

The bill was read a second time.

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

The motion prevailed.

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

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

By unanimous consent the House returned to the order of

Third Reading of Bills

House Bill No. 4010, 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. 5 Yeas--108

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 Murphy Stakoe

Bradstreet Hood Newell Stallworth

Brandenburg Hoogendyk Nitz Steil

Brown Hopgood Nofs Stewart

Byrum Howell O'Neil Tabor

Casperson Huizenga Paletko Taub

Caswell Hummel Palmer Tobocman

Caul Hune Palsrok Vagnozzi

Cheeks Hunter Pappageorge Van Regenmorter

Clack Jamnick Pastor Vander Veen

Condino Johnson, Rick Phillips Voorhees

Daniels Johnson, Ruth Plakas Walker

Dennis Julian Pumford Ward

DeRoche Koetje Reeves Waters

DeRossett Kolb Richardville Wenke

Ehardt Kooiman Rivet Whitmer

Elkins LaJoy Robertson Williams

Emmons LaSata Rocca Wojno

Farhat Law Sak Woodward

Farrah Lipsey Shackleton Woronchak

Gaffney McConico Shaffer Zelenko

Nays--1

Drolet

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.

Reps. Woronchak, Plakas, Anderson, Stewart, O'Neil, Gieleghem, Shulman, Pappageorge, Phillips, Minore, Kolb, Jamnick, Richardville, Spade, Bisbee, Murphy, Tabor, Koetje, Voorhees, Middaugh, Hager, Ehardt, Meyer, Julian, Newell, Vander Veen, Dennis, Howell, Caul, Pumford, Sheltrown, Adamini, Brown, Gaffney, Cheeks, Tobocman, Farrah, Paletko, Pastor, LaJoy, Law, Brandenburg, Wojno, Acciavatti, Clack, Condino, Accavitti, Amos, Stakoe, Garfield, Hune, Gleason, Caswell, Shaffer, Hoogendyk, Nofs, Wenke, Ward, Emmons, Steil, Nitz, Stahl, Sheen, Huizenga, Farhat, Elkins, Moolenaar, Palsrok, Gillard and Casperson were named co-sponsors of the bill.

Notices

February 19, 2003

The Honorable Jennifer M. Granholm

Governor of the State of Michigan

2nd Floor Romney Building

Lansing, MI 48909

Dear Governor Granholm:

Pursuant to the authority vested in you by Article V, Section 20 of the Constitution of the State of Michigan and language contained in P.A. 431 of 1984, as amended: I, Representative Marc Shulman, Chair of the House Appropriations Committee of the Michigan State Legislature, hereby certify that the official minutes of our Committee show that the majority of the members of our Committee, elected and serving, are recorded as approving Executive Order No. 2003 - 3 dated February 19, 2003.

Sincerely,

Representative Marc Shulman, Chair

House Appropriations Committee

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, February 20:

House Bill Nos. 4250 4251 4252 4253 4254 4255 4256 4257

Introduction of Bills

Reps. Pappageorge, Spade, Vander Veen, Voorhees, Garfield, Rocca, LaSata, Caul, Ruth Johnson, Sheen, Huizenga, Meyer, Woronchak, Steil, Pastor, Pumford, Hart, Shulman, Hager, Brandenburg, Drolet, Bradstreet, Milosch, Caswell, Casperson, Howell, Hune, DeRoche, Brown, Elkins, Sheltrown, Accavitti, Wojno and Vagnozzi introduced

House Bill No. 4259, entitled

A bill to amend 1929 PA 152, entitled "An act to provide for the state-owned and operated Michigan public safety communications system for police and public safety purposes; to provide for acquisition, construction, implementation, operation, and maintenance of the property and equipment necessary to operate the system; and to prescribe the powers and duties of certain state agencies and officials," by amending section 3 (MCL 28.283), as amended by 1996 PA 538.

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

Reps. Van Regenmorter, Stewart, LaJoy, Brandenburg, Garfield, Rocca, Nofs, Pappageorge, Steil and Ehardt introduced

House Bill No. 4260, entitled

A bill to amend 1931 PA 328, entitled "The Michigan penal code," by amending section 174a (MCL 750.174a), as added by 2000 PA 222.

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

Reps. Condino, Meisner, Gleason, Bieda, Lipsey, Hopgood, Brown, Tobocman, Hood, Vagnozzi, Paletko, Accavitti, Nofs, Gaffney, Wojno, Reeves, Smith, Hunter, Gieleghem and Adamini introduced

House Bill No. 4261, entitled

A bill to amend 1967 PA 281, entitled "Income tax act of 1967," (MCL 206.1 to 206.532) by adding section 269.

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

Reps. Anderson, Paletko, Hopgood, O'Neil, Accavitti, Law, Spade, Minore and Murphy introduced

House Bill No. 4262, entitled

A bill to amend 1949 PA 300, entitled "Michigan vehicle code," by amending section 627 (MCL 257.627), as amended by 1990 PA 165.

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

By unanimous consent the House returned to the order of

Second Reading of Bills

House Bill No. 4072, entitled

A bill to create the Detroit area regional transportation authority; to transfer certain powers of authorities to the Detroit area regional transportation authority; to provide regional transportation for senior citizens, citizens with disabilities, citizens without the economic means to provide their own personal transportation, and all other citizens; to continue the suburban mobility authority for regional transportation; to prescribe certain powers and duties of the authorities; to provide for the addition and withdrawal of certain local entities from the authority; to provide for the powers and duties of certain state agencies with respect to the authority; to provide for the issuance of bonds and notes; to provide for the state to guarantee payment of certain claims against the authority and give the state a lien in satisfaction of payment; to protect the rights of employees of existing public transportation systems; to provide for the pledge of taxes, revenues, assessments, tax levies, and other funds for bond and note payments; to authorize certain local entities to levy property taxes and make special assessments to fulfill their obligations under certain contracts with the authority; and to repeal acts and parts of acts.

Was read a second time, and the question being on the adoption of the proposed substitute (H-4) previously recommended by the Committee on Commerce,

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

Rep. Meisner moved to amend the bill was follows:

1. Amend page 26, following line 16, by inserting:

"Sec. 17a. (1) The authority shall provide a competitive process for the procurement of any public transportation or related service, which it shall conduct in accordance with all applicable state and federal requirements. The request for proposals or related documents shall specify the evaluation factors to be used in the determination of the most advantageous proposal, including cost, and shall identify the relative weight and order of importance of those factors. The authority may make its selection on the basis of the initial proposals submitted, or on the basis of the best and final offer the authority determines is within the competitive range based upon the proposer's initial submission.

(2) Before final selection of a bid under subsection (1), the authority shall prepare a cost analysis of the service to be performed under the contract. In making the cost analysis, the authority shall determine and consider the costs of monitoring and otherwise administering contract performance.

(3) The authority shall not enter into, renew, or extend any contract with a total value of more than $100,000.00 after the effective date of this act unless all of the following conditions are met:

(a) The contractor and its subsidiaries, affiliates, principals, and managerial and supervisory employees do not have a record of serious or repetitive noncompliance with federal or state law regarding the operation of a business, including, but not limited to, laws concerning labor relations, occupational health and safety, environmental protection, nondiscrimination and affirmative action, and taxes.

(b) The contractor certifies that its hiring practices meet applicable nondiscrimination and affirmative action standards.

(4) After consulting the appropriate exclusive collective bargaining representative of employees of SMART or DDOT, the authority shall, not less than 45 days before any solicitation of bids or proposals, provide appropriate information to those encouraging and assisting the employees and their exclusive collective bargaining representatives to submit proposals to provide the service being procured. The authority shall evaluate any proposals submitted by the employees or their exclusive collective bargaining representatives based on the factors established pursuant to subsection (1). Proposals by employees or their representatives may be made as a joint venture with other persons.

(5) Any exclusive collective bargaining representative of employees of SMART or DDOT may at any time before the date on which procurement proposals are due propose amendments to any relevant collective bargaining agreement to which the exclusive collective bargaining representative is party, for the purpose of improving the cost competitiveness of their exclusive bargaining representative's proposal. Those amendments shall take effect only if the exclusive collective bargaining representative's proposal is selected by the authority for award.

(6) Any competitive service contract entered into pursuant to this section shall include provisions requiring the contractor to comply with its applicable obligations under section 17. This subsection does not require a successful contractor to assume or apply the terms and conditions of any collective bargaining agreement between SMART or DDOT.

(7) As used in this section, "DDOT" means the department of transportation of the city of Detroit.".

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

Rep. Meisner demanded the yeas and nays.

The demand was supported.

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

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

Roll Call No. 6 Yeas--46

Accavitti Farrah McConico Spade

Adamini Gieleghem Meisner Stallworth

Anderson Gillard Minore Tobocman

Bieda Gleason Murphy Vagnozzi

Brown Hardman Paletko Waters

Byrum Hood Phillips Whitmer

Cheeks Hopgood Reeves Williams

Clack Hunter Rivet Wojno

Condino Jamnick Rocca Woodward

Daniels Kolb Sheltrown Woronchak

Dennis Law Smith Zelenko

Elkins Lipsey

Nays--57

Acciavatti Hoogendyk Milosch Sheen

Amos Howell Moolenaar Shulman

Bisbee Huizenga Newell Stahl

Bradstreet Hummel Nitz Stakoe

Brandenburg Hune Nofs Steil

Casperson Johnson, Rick Palmer Stewart

Caswell Johnson, Ruth Palsrok Tabor

Caul Julian Pappageorge Taub

DeRoche Koetje Pastor Van Regenmorter

Drolet Kooiman Pumford Vander Veen

Emmons LaJoy Richardville Voorhees

Farhat LaSata Robertson Walker

Gaffney Meyer Shackleton Ward

Garfield Middaugh Shaffer Wenke

Hager

In The Chair: Julian

Rep. Accavitti moved to amend the bill as follows:

1. Amend page 9, line 16, after "employees" by inserting "within each bargaining unit".

2. Amend page 9, line 17, after "DDOT" by inserting "and does not negatively impact the economic condition of 1 transportation system as compared to the other".

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

Rep. Accavitti demanded the yeas and nays.

The demand was supported.

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

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

Roll Call No. 7 Yeas--47

Nays--57

Acciavatti Hoogendyk Milosch Sheen

Amos Howell Moolenaar Shulman

Bisbee Huizenga Newell Stahl

Bradstreet Hummel Nitz Stakoe

Brandenburg Hune Nofs Steil

Casperson Johnson, Rick Palmer Stewart

Caswell Johnson, Ruth Palsrok Tabor

DeRoche Julian Pappageorge Taub

Drolet Koetje Pastor Van Regenmorter

Emmons Kooiman Pumford Vander Veen

Farhat LaJoy Richardville Voorhees

Gaffney LaSata Robertson Walker

Garfield Meyer Shackleton Ward

Hager Middaugh Shaffer Wenke

Hart

In The Chair: Julian

______

Rep. Waters moved that Rep. O'Neil be excused temporarily from today's session.

The motion prevailed.

Rep. Zelenko moved to amend the bill as follows:

1. Amend page 25, line 20, after "5333(b)." by inserting "Arrangements described in this subsection shall also apply to the operation by the authority or other transit system of any public transportation service or public transportation facility authorized under this act.".

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

Rep. Zelenko demanded the yeas and nays.

The demand was supported.

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

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

Roll Call No. 8 Yeas--46

Accavitti Farrah McConico Stallworth

Adamini Gieleghem Meisner Tobocman

Anderson Gillard Minore Vagnozzi

Bieda Gleason Murphy Waters

Brown Hardman Paletko Whitmer

Byrum Hood Phillips Williams

Cheeks Hopgood Reeves Wojno

Clack Hunter Rivet Woodward

Condino Jamnick Sak Woronchak

Daniels Kolb Sheltrown Zelenko

Dennis Law Smith

Elkins Lipsey Spade

Nays--60

Acciavatti Hager Middaugh Shaffer

Amos Hart Milosch Sheen

Bisbee Hoogendyk Moolenaar Shulman

Bradstreet Howell Newell Stahl

Brandenburg Huizenga Nitz Stakoe

Casperson Hummel Nofs Steil

Caswell Hune Palmer Stewart

Caul Johnson, Rick Palsrok Tabor

DeRoche Johnson, Ruth Pappageorge Taub

Drolet Julian Pastor Van Regenmorter

Ehardt Koetje Pumford Vander Veen

Emmons Kooiman Richardville Voorhees

Farhat LaJoy Robertson Walker

Gaffney LaSata Rocca Ward

Garfield Meyer Shackleton Wenke

In The Chair: Julian

Rep. Condino moved to substitute (H-6) the bill.

The question being on the adoption of the substitute (H-6) offered by Rep. Condino,

Rep. Condino demanded the yeas and nays,

The demand was supported.

The question being on the adoption of the substitute (H-6) offered by Rep. Condino,

The substitute (H-6) was not adopted, a majority of the members serving not voting therefor, by yeas and nays, as follows:

Roll Call No. 9 Yeas--41

Accavitti Gieleghem McConico Smith

Adamini Gillard Meisner Spade

Brown Gleason Minore Stallworth

Byrum Hardman Murphy Tobocman

Cheeks Hood O'Neil Vagnozzi

Clack Hopgood Phillips Waters

Condino Hunter Reeves Whitmer

Daniels Jamnick Rivet Williams

Dennis Kolb Sak Woodward

Elkins Lipsey Sheltrown Zelenko

Farrah

Nays--66

Acciavatti Hager Milosch Sheen

Amos Hart Moolenaar Shulman

Anderson Hoogendyk Newell Stahl

Bieda Howell Nitz Stakoe

Bisbee Huizenga Nofs Steil

Bradstreet Hummel Paletko Stewart

Brandenburg Hune Palmer Tabor

Casperson Johnson, Rick Palsrok Taub

Caswell Johnson, Ruth Pappageorge Van Regenmorter

Caul Julian Pastor Vander Veen

DeRoche Koetje Pumford Voorhees

Drolet Kooiman Richardville Walker

Ehardt LaJoy Robertson Ward

Emmons LaSata Rocca Wenke

Farhat Law Shackleton Wojno

Gaffney Meyer Shaffer Woronchak

Garfield Middaugh

In The Chair: Julian

Reps. Reeves and McConico moved to substitute (H-5) the bill.

The motion did not prevail and the substitute (H-5) was not adopted, a majority of the members serving not voting therefor.

Rep. Bisbee moved to amend the bill as follows:

1. Amend page 3, line 13, after "transportation." by striking out the balance of the subdivision and inserting "Public transportation does not include taxis, limousines, motor bus, charter services, or operations that are not acquired by the authority or SMART, sightseeing services, private intercity bus services, or transportation that is used exclusively for school or church purposes.".

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

Rep. Phillips moved to amend the bill as follows:

1. Amend page 45, line 9, after "facility," by striking out "the authority" and inserting "SMART".

2. Amend page 45, line 11, after "with" by striking out "the".

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

Rep. Richardville moved to reconsider the vote by which the House did not adopt the amendments offered by Rep. Phillips.

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

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

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

Rep. Dennis moved to amend the bill as follows:

1. Amend page 24, line 10, after "purchased," by inserting "constructed, controlled, operated, contracted, leased".

2. Amend page 24, line 13, after "acquired" by inserting a comma and "constructed, controlled, operated, contracted, or leased".

3. Amend page 24, line 15, after "acquired" by inserting a comma and "constructed, controlled, operated, contracted, or leased".

4. Amend page 24, line 18, after "acquires" by inserting a comma and "constructs, controls, operates, contracts, or leases".

5. Amend page 24, line 25, after "acquired" by inserting a comma and "constructed, controlled, operated, contracted, or leased".

6. Amend page 25, line 10, after "acquired" by inserting a comma and "constructed, controlled, operated, contracted, or leased".

7. Amend page 25, line 11, after "acquired" by inserting a comma and "constructed, controlled, operated, contracted, or leased".

8. Amend page 25, line 12, after "acquired" by inserting a comma and "constructed, controlled, operated, contracted, or leased".

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

Rep. Dennis demanded the yeas and nays.

The demand was supported.

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

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

Roll Call No. 10 Yeas--47

Accavitti Farrah McConico Smith

Adamini Gieleghem Meisner Spade

Anderson Gillard Minore Tobocman

Bieda Gleason Murphy Vagnozzi

Brown Hardman O'Neil Waters

Byrum Hood Paletko Whitmer

Cheeks Hopgood Phillips Williams

Clack Hunter Reeves Wojno

Condino Jamnick Rivet Woodward

Daniels Kolb Rocca Woronchak

Dennis Law Sak Zelenko

Elkins Lipsey Sheltrown

Nays--59

Acciavatti Hager Middaugh Sheen

Amos Hart Milosch Shulman

Bisbee Hoogendyk Moolenaar Stahl

Bradstreet Howell Newell Stakoe

Brandenburg Huizenga Nitz Steil

Casperson Hummel Nofs Stewart

Caswell Hune Palmer Tabor

Caul Johnson, Rick Palsrok Taub

DeRoche Johnson, Ruth Pappageorge Van Regenmorter

Drolet Julian Pastor Vander Veen

Ehardt Koetje Pumford Voorhees

Emmons Kooiman Richardville Walker

Farhat LaJoy Robertson Ward

Gaffney LaSata Shackleton Wenke

Garfield Meyer Shaffer

In The Chair: Julian

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

The motion prevailed.

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

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

By unanimous consent the House returned to the order of

Third Reading of Bills

House Bill No. 4072, 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. 11 Yeas--58

Accavitti Hummel Newell Stahl

Bisbee Hune Nitz Stakoe

Byrum Jamnick Nofs Steil

Caswell Johnson, Rick O'Neil Stewart

Condino Johnson, Ruth Palmer Tabor

Dennis Julian Palsrok Taub

DeRoche Koetje Pappageorge Van Regenmorter

DeRossett Kolb Pastor Vander Veen

Drolet Kooiman Pumford Walker

Emmons LaJoy Richardville Ward

Gaffney Lipsey Rivet Wenke

Hager Meisner Shackleton Woodward

Hart Meyer Sheltrown Woronchak

Howell Middaugh Shulman Zelenko

Huizenga Moolenaar

Nays--48

Acciavatti Farhat Law Shaffer

Amos Farrah McConico Sheen

Anderson Garfield Milosch Smith

Bieda Gieleghem Minore Spade

Bradstreet Gillard Murphy Stallworth

Brandenburg Gleason Paletko Tobocman

Casperson Hardman Phillips Vagnozzi

Caul Hood Plakas Voorhees

Cheeks Hoogendyk Reeves Waters

Clack Hopgood Robertson Whitmer

Daniels Hunter Rocca Williams

Elkins LaSata Sak Wojno

In The Chair: Julian

The House agreed to the title of the bill.

______

Rep. Acciavatti, 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:

No Vote Explanation After consulting with Township officials in my district and closely reviewing House Bill 4072, I voted no for the following reasons: House Bill 4072 was written to create DARTA, a Detroit Area Regional Transportation Authority. The initial membership would include all counties, cities, townships, villages, and local government consortiums within a region comprising of Macomb, Monroe, Oakland, Washtenaw, and Wayne counties. DARTA was designed to replace two systems that currently operate separately, the Regional Transit Coordinating Council (RTCC) and the Suburban Mobility Authority for Regional Transportation (SMART), with one entity that would control all routes and funding. DARTA would provide regional transportation for senior citizens, the disabled, those without the economic means to provide their own personal transportation, and all other citizens. According to the original bill, ALL of the above mentioned localities would be required to participate in DARTA, even if the new system doesn't meet the needs of the individual communities. I am pleased that the substitute version for HB 4072 provides an opt out option allowing individual communities to choose not to participate, which will benefit rural townships such as those in Macomb County which would likely never see DARTA service. Rural areas should not be made to shoulder the burden of paying for an urban transit system that will not serve their community. However, I believe that it is fiscally irresponsible to implement an all new transportation system in light of the fact that just yesterday, the House and Senate Appropriations Committees approved a $150 million executive order budget cut yesterday, and we still have a $1.7 billion budget deficit to deal with. In light of the huge budget crisis facing Michigan, this is not the time to be making such large capitol investments, especially while communities are being served currently by an adequate transportation system. While I do believe that the creation of a world-class transportation system is important to the communities of southeast Michigan, I also believe that our current fiscal situation requires the state to exercise a great deal of fiscal restraint. As such, I cannot support this bill at this time."

Rep. Milosch, 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:

When we think of mass transit, we typically envision a system built to transport people to and from a centralized business district. Transit efforts in Metro Detroit have been met with nothing but failure for the last forty years, mainly because metro Detroit does not have a centralized downtown business district. Much of the commerce is conducted throughout its vast system of suburbs; where residential and commercial establishments reside side-by-side.

The Suburban Mobility Authority for Regional Transportation (SMART), which currently governs much of the Macomb, Oakland and Wayne County areas, has been marked by immense deficits, requiring officials to seek additional local funding sources. The Detroit Area Regional Transportation Authority (DARTA), created by this proposal, will provide years of bloated budgets and wasted taxes. Empty mass transit vehicles indicate inefficiencies inherent in the system. For example, over the last three decades, transit operating costs have increased four times faster than the rate of inflation, while system rider use has decreased.

At a time when Michigan roads and highways are among the worst in the United States, Michigan should direct more of its efforts and assets on improving our existing transportation infrastructure. Instead, establishing DARTA, would simply allow tax dollars to be thrown at a plan that has yet to deliver any indication of efficiency. Those who drive their own cars and trucks mostly pay their own way through gas and diesel taxes, licensing fees, and various other funding mechanisms. They are also expected to pay for the transit users, as governments diverts a substantial fraction of gas taxes and fees toward mass transit subsidies.

Likewise, the 55th District would not be served well by this plan. Much of my constituency is currently served by other regional transit authorities. Therefore, proper demand is not present, at least in my district, to support such a system. Additionally, similar schemes have given way to local property tax increases in the past. Although this piece of legislation does not statutorily establish a tax increase, it certainly lays the foundation for future tax increases, misappropriated public dollars and additional government regulations."

Second Reading of Bills

House Bill No. 4073, entitled

A bill to amend 1982 PA 432, entitled "Motor bus transportation act," by amending section 4 (MCL 474.104), as amended by 1989 PA 233.

The bill was read a second time.

Rep. Bisbee moved to substitute (H-1) the bill.

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

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

The motion prevailed.

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

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

By unanimous consent the House returned to the order of

Third Reading of Bills

House Bill No. 4073, entitled

A bill to amend 1982 PA 432, entitled "Motor bus transportation act," by amending section 4 (MCL 474.104), as amended by 1989 PA 233.

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

Roll Call No. 12 Yeas--91

Accavitti Hager Meyer Smith

Adamini Hardman Middaugh Stahl

Bieda Hart Minore Stakoe

Bisbee Hood Moolenaar Stallworth

Brown Hoogendyk Murphy Steil

Byrum Hopgood Newell Stewart

Caswell Howell Nitz Tabor

Cheeks Huizenga Nofs Taub

Clack Hummel O'Neil Tobocman

Condino Hune Palmer Vagnozzi

Daniels Hunter Palsrok Van Regenmorter

Dennis Jamnick Pappageorge Vander Veen

DeRoche Johnson, Rick Pastor Walker

DeRossett Johnson, Ruth Phillips Ward

Drolet Julian Plakas Waters

Ehardt Koetje Pumford Wenke

Elkins Kolb Reeves Whitmer

Emmons Kooiman Richardville Williams

Farrah LaJoy Rivet Wojno

Gaffney LaSata Sak Woodward

Gieleghem Lipsey Shackleton Woronchak

Gillard McConico Sheltrown Zelenko

Gleason Meisner Shulman

Nays--18

Acciavatti Casperson Milosch Shaffer

Amos Caul Paletko Sheen

Anderson Farhat Robertson Spade

Bradstreet Garfield Rocca Voorhees

Brandenburg Law

In The Chair: Julian

The House agreed to the title of the bill.

______

Rep. Brandenburg, 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,

Mass transit has behind it forty years of failure, both here in Michigan and across the nation. The new transit authority being created by this proposal will provide for forty more years of bloated budgets, wasted taxes, and empty mass transit vehicles. Examples of inefficient bus transit systems are numerous. Examples of recent rail transit attempts are all bad beyond comprehension. Nationally, buses operate with about 15% of their seats full. As a result, these great, big, empty buses patrol our city streets producing more pollution and less efficiency than the average personal car.

SEMCOG, a prime cheerleader for this new authority, has promised to use it to build SmartLink, the People Mover on wheels. When this proposal becomes law, all of Southeastern Michigan could be tied to the wasteful thinking that produces disasters such as the People Mover. We are all familiar with the People Mover, which ran 50% over budget, and now serves only 20% of those who were projected to ride it. In 1998, facing perpetual operating deficits as a result of this boondoggle, the city of Detroit considered cutting back on its police force. Looking ahead, the pricetag for SmartLink will be $2 billion to develop, and $200 million per year to operate. There isn't going to be a lot of road money left in Southeastern Michigan.

Those billions of dollars will go down a rat hole of unimaginable depth. Nationally, operating and capital subsidies for highways are just seven-tenths of a penny per passenger mile. Those who drive their own cars and trucks mostly pay their own way, in the form of gas taxes, licensing fees, and various other funding mechanisms. They are also expected to pay for the transit users, as governments divert a substantial fraction of gas taxes and fees toward mass transit subsidies. Nationwide, operating and capital subsidies for mass transit are nearly 50 cents per passenger mile.

Fifty cents versus seven-tenths of a penny. Mass transit is about 700 times less efficient than driving your own car, and it keeps getting worse. Over the last three decades, transit operating costs have increased four times faster than the rate of inflation.

As we dump staggering sums into this demonstrable failure, we continue to ignore what has worked in the past. During the early 1960's, 95% of mass transit was privately owned and paid taxes rather spent them. Likewise, our roads have provided incredible mobility at a tiny fraction of transit's cost. All historical evidence would indicate that we limit our exposure to publicly funded and operated mass transit.

Oblivious to history, supporters of this new authority claim that it is needed because the existing transit authorities are insufficient. Their proposed solution violates the rule of holes: 'When you get in one, stop digging!'."

Second Reading of Bills

House Bill No. 4074, 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 10c, 10h, 10l, and 10n (MCL 247.660c, 247.660h, 247.660l, and 247.660n), sections 10c and 10h as amended by 2002 PA 498, section 10l as amended by 1987 PA 234, and section 10n as amended by 2002 PA 329.

The bill was read a second time.

Reps. Shackleton and Kooiman moved to substitute (H-2) the bill.

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

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

The motion prevailed.

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

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

By unanimous consent the House returned to the order of

Third Reading of Bills

House Bill No. 4074, 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. 13 Yeas--84

Accavitti Gaffney Lipsey Sheltrown

Acciavatti Garfield Meisner Shulman

Adamini Gieleghem Meyer Stahl

Bieda Gleason Middaugh Stakoe

Bisbee Hager Minore Stallworth

Bradstreet Hart Moolenaar Steil

Brown Hoogendyk Murphy Stewart

Byrum Hopgood Newell Tabor

Casperson Howell Nitz Taub

Caswell Huizenga Nofs Vagnozzi

Caul Hummel O'Neil Van Regenmorter

Clack Hune Palmer Vander Veen

Condino Jamnick Palsrok Voorhees

Dennis Johnson, Rick Pappageorge Walker

DeRoche Johnson, Ruth Pastor Ward

DeRossett Julian Plakas Wenke

Drolet Koetje Pumford Whitmer

Ehardt Kolb Richardville Williams

Emmons Kooiman Rivet Woodward

Farhat LaJoy Sak Woronchak

Farrah LaSata Shackleton Zelenko

Nays--25

Amos Hardman Paletko Sheen

Anderson Hood Phillips Smith

Brandenburg Hunter Reeves Spade

Cheeks Law Robertson Tobocman

Daniels McConico Rocca Waters

Elkins Milosch Shaffer Wojno

Gillard

In The Chair: Julian

The House agreed to the title of the bill.

______

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

Reports of Standing Committees

The Committee on Land Use and Environment, by Rep. Ruth Johnson, Chair, reported

House Bill No. 4087, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," (MCL 324.101 to 324.90106) by adding part 317.

With the recommendation that the substitute (H-3) 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. Ruth Johnson, LaJoy, Brandenburg, Milosch, Nitz and Ward

Nays: None

The Committee on Land Use and Environment, by Rep. Ruth Johnson, Chair, reported

House Bill No. 4097, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending section 32714 (MCL 324.32714), as added by 1996 PA 434.

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. Ruth Johnson, LaJoy, Brandenburg, Milosch, Nitz and Ward

Nays: None

COMMITTEE ATTENDANCE REPORT

The following report, submitted by Rep. Ruth Johnson, Chair of the Committee on Land Use and Environment, was received and read:

Meeting held on: Wednesday, February 19, 2003, at 2:45 p.m.

Present: Reps. Ruth Johnson, LaJoy, DeRossett, Brandenburg, Milosch, Nitz, Ward, Farrah, Gieleghem, Dennis and Law

The Committee on Government Operations, by Rep. Koetje, Chair, reported

House Bill No. 4206, entitled

A bill to provide for the incorporation of a regional water supply and sewerage authority; to provide for a regional assembly and regional authority board; to transfer certain ownership rights in water supply and sewerage facilities; to provide for payment for water supply and sewerage services and facilities through fees, charges, taxes, special assessments, and other means; to provide for the issuance and payment of bonds; and to provide for the powers and duties of certain governmental officials and entities.

With the recommendation that the substitute (H-2) be adopted and that the bill then pass.

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

Favorable Roll Call

To Report Out:

Yeas: Reps. Koetje, Drolet and Howell

Nays: Reps. Waters and Lipsey

The Committee on Government Operations, by Rep. Koetje, Chair, reported

House Resolution No. 20.

A resolution to express opposition to the University of Michigan's admissions policies that factor race, geography, or other non-meritorious factors into the evaluation of applicants and to urge the United States Supreme Court to rule against the University's policies in the pending case.

(For text of resolution, see House Journal No. 12, p. 134.)

With the recommendation that the following substitute (H-1) be adopted and that the resolution then be adopted.

Substitute for House Resolution No. 20.

Whereas, The purpose of a university or any institution of higher learning is to foster academic growth through academic debate among scholars who have been selected to attend institutions of higher learning because of their excellent achievement in previous studies; and

Whereas, Granting preferential admissions to students on the basis of their race, geography, or other non-meritorious criteria neither fosters healthy academic debate nor advances the most basic purposes of higher learning; and

Whereas, Such preferential treatment in university admissions policies fails to recognize and celebrate the academic achievement of individual students, and the policies are at odds with the principle of the Declaration of Independence and the belief that "all men are created equal" and;

Whereas, Such preferential admissions policies are also fundamentally at odds with the United States Constitution's principle of equality under law and violate the spirit of Article I, Section 2 of the Constitution of the State of Michigan of 1963, which states that no person shall "be denied the enjoyment of his civil or political rights or be discriminated against in the exercise thereof because of religion, race, color or national origin"; and

Whereas, As Justice Douglas wrote in his opinion in DeFunis v. Odegaard (416 U.S. 312 [1974]): "A [person] who is white is entitled to no advantage by reason of that fact; nor is he subject to any disability, no matter what his race or color. Whatever his race, he had a constitutional right to have his application considered on its individual merits in a racially neutral matter"; and

Whereas, The State of Michigan has a compelling interest in promoting scholarship and higher learning, as it serves to benefit the welfare of the people of this state; and

Whereas, The State of Michigan recognizes the merits of the plaintiffs participating in Grutter v. Bollinger, et al. and Gratz and Hamacher v. Bollinger, et al.; now, therefore, be it

Resolved by the House of Representatives, That we express our opposition to the University of Michigan's admissions policies that factor race, geography, or other non-meritorious criteria into the evaluation of applicants. We urge the University of Michigan to end such policies, and we urge the United States Supreme Court to rule against the university's policies in Grutter v. Bollinger, et al. and Gratz and Hamacher v. Bollinger, et al.; and be it further

Resolved, That a copy of this resolution be transmitted to the United States Supreme Court and the Board of Regents and the President of the University of Michigan.

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

Favorable Roll Call

To Report Out:

Yeas: Reps. Koetje, Drolet and Howell

Nays: Reps. Waters and Lipsey

COMMITTEE ATTENDANCE REPORT

The following report, submitted by Rep. Koetje, Chair of the Committee on Government Operations, was received and read:

Meeting held on: Thursday, February 20, 2003, at 9:00 a.m.

Present: Reps. Koetje, Drolet, Howell, Waters and Lipsey

The Committee on Employment Relations, Training and Safety, by Rep. Drolet, Chair, reported

House Bill No. 4160, entitled

A bill to amend 1964 PA 154, entitled "Minimum wage law of 1964," by amending the title and section 3 (MCL 408.383).

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. Drolet, Middaugh, Pappageorge, Huizenga, LaJoy and Van Regenmorter

Nays: Reps. Minore, Dennis and Bieda

COMMITTEE ATTENDANCE REPORT

The following report, submitted by Rep. Drolet, Chair of the Committee on Employment Relations, Training and Safety, was received and read:

Meeting held on: Wednesday, February 19, 2003, at 2:25 p.m.

Present: Reps. Drolet, Middaugh, Pappageorge, Huizenga, LaJoy, Van Regenmorter, Minore, Dennis and Bieda

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Wednesday, February 19, 2003, at 11:30 a.m.

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

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Wednesday, February 19, 2003, at 12:30 p.m.

COMMITTEE ATTENDANCE REPORT

The following report, submitted by Rep. Hager, Chair of the Committee on Family and Children Services, was received and read:

Meeting held on: Wednesday, February 19, 2003, at 2:55 p.m.

Present: Reps. Hager, Stahl, Hart, Vander Veen, Voorhees, Sheen, Hardman, Clack and Elkins

COMMITTEE ATTENDANCE REPORT

The following report, submitted by Rep. Voorhees, Chair of the Committee on Higher Education, was received and read:

Meeting held on: Thursday, February 20, 2003, at 9:00 a.m.

Present: Reps. Voorhees, Hart, LaSata, Stakoe, Dennis, Zelenko and Smith

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Thursday, February 20, 2003, at 9:00 a.m.

Present: Reps. DeRossett, Casperson, Hummel, DeRoche, Gaffney, Hune, Huizenga, LaJoy, Robertson, Ward, Anderson, Jamnick, Gleason, Tobocman, Adamini, Murphy and Elkins

______

Rep. Caswell moved that the House adjourn.

The motion prevailed, the time being 1:00 p.m.

The Speaker Pro Tempore declared the House adjourned until Tuesday, February 25, at 1:00 p.m.

GARY L. RANDALL

Clerk of the House of Representatives

Accavitti--present	Garfield--present	Meisner--present	Sheen--present
Acciavatti--present	Gieleghem--present	Meyer--present	Sheltrown--present
Adamini--present	Gillard--present	Middaugh--present	Shulman--present
Amos--present	Gleason--present	Milosch--present	Smith--present
Anderson--present	Hager--present	Minore--present	Spade--present
Bieda--present	Hardman--present	Moolenaar--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--present
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--present	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

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	Murphy	Stakoe
Bradstreet	Hood	Newell	Stallworth
Brandenburg	Hoogendyk	Nitz	Steil
Brown	Hopgood	Nofs	Stewart
Byrum	Howell	O'Neil	Tabor
Casperson	Huizenga	Paletko	Taub
Caswell	Hummel	Palmer	Tobocman
Caul	Hune	Palsrok	Vagnozzi
Cheeks	Hunter	Pappageorge	Van Regenmorter
Clack	Jamnick	Pastor	Vander Veen
Condino	Johnson, Rick	Phillips	Voorhees
Daniels	Johnson, Ruth	Plakas	Walker
Dennis	Julian	Pumford	Ward
DeRoche	Koetje	Reeves	Waters
DeRossett	Kolb	Richardville	Wenke
Ehardt	Kooiman	Rivet	Whitmer
Elkins	LaJoy	Robertson	Williams
Emmons	LaSata	Rocca	Wojno
Farhat	Law	Sak	Woodward
Farrah	Lipsey	Shackleton	Woronchak
Gaffney	McConico	Shaffer	Zelenko