hj06039t.051

No. 51

STATE OF MICHIGAN

JOURNAL

OF THE

House of Representatives

90th Legislature

REGULAR SESSION OF 1999

House Chamber, Lansing, Wednesday, June 2, 1999.

10:00 a.m.

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

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

Allen--present

Baird--present

Basham--present

Birkholz--present

Bisbee--present

Bishop--present

Bogardus--present

Bovin--present

Bradstreet--present

Brater--present

Brewer--present

Brown, Bob--present

Brown, Cameron--present

Byl--present

Callahan--present

Cassis--present

Caul--present

Cherry--present

Clark--present

Clarke--present

Daniels--present

DeHart--present

Dennis--present

DeRossett--present

DeVuyst--present

DeWeese--present

Ehardt--present

Faunce--present

Frank--present

Garcia--present

Garza--present

Geiger--present

Gieleghem--present

Gilbert--present

Godchaux--present

Gosselin--present

Green--present

Hager--present

Hale--present

Hanley--present

Hansen--present

Hardman--excused

Hart--present

Howell--present

Jacobs--present

Jamnick--present

Jansen--present

Jelinek--present

Jellema--present

Johnson, Rick--present

Johnson, Ruth--excused

Julian--present

Kelly--present

Kilpatrick--present

Koetje--present

Kowall--present

Kuipers--present

Kukuk--present

LaForge--present

LaSata--present

Law--present

Lemmons--present

Lockwood--present

Mans--e/d/s

Martinez--present

Mead--present

Middaugh--present

Minore--present

Mortimer--present

Neumann--present

O'Neil--present

Pappageorge--present

Patterson--present

Perricone--present

Pestka--present

Price--present

Prusi--present

Pumford--present

Quarles--present

Raczkowski--present

Reeves--present

Richardville--present

Richner--present

Rison--e/d/s

Rivet--present

Rocca--present

Sanborn--present

Schauer--present

Schermesser--present

Scott--present

Scranton--present

Shackleton--present

Sheltrown--present

Shulman--present

Spade--present

Stallworth--present

Stamas--present

Switalski--present

Tabor--present

Tesanovich--present

Thomas--present

Toy--present

Vander Roest--present

Van Woerkom--present

Vaughn--present

Vear--present

Voorhees--present

Wojno--present

Woodward--present

Woronchak--present

e/d/s = entered during session

Reverend Philip VanDop, Pastor of the First Congregational United Church of Christ in Reed City, offered the following invocation:

"Creator God, in the shadow of the memories of those who gave their service in the defense of this country and the freedoms that we now enjoy, we ask Your blessing as we gather to do the business of this state. With regard to the business of this body, may all who are given the responsibility to govern remember that theirs is an entrusted position given to them by the people and ultimately ordained by You. For those who are tired physically, we ask that Your Spirit rest upon them so that they may be able to give the best of themselves as they represent their districts. For those who are busy in the art of negotiations, may Your Spirit rest upon them as they seek to achieve forward progress but always in the context of an ethical manner. Dear God, guide these legislators as they carefully consider the merits of new legislation. May the legislation that is needed be wisely chosen from among the many other distracting efforts. And now, God, we ask that the process and order of today's work be guided by You and that in the end You and the people of the State of Michigan will be served honestly, fairly and wisely. We ask all of this humbly in the name of Jesus Christ. Amen."

______

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

The motion prevailed.

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

The motion prevailed.

Second Reading of Bills

House Bill No. 4659, entitled

A bill to amend 1986 PA 32, entitled "Emergency telephone service enabling act," (MCL 484.1101 to 484.1604) by adding chapter VII; and to repeal acts and parts of acts.

The bill was read a second time.

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

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

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

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

______

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

The motion prevailed.

By unanimous consent the House returned to the order of

Third Reading of Bills

House Bill No. 4659, entitled

A bill to amend 1986 PA 32, entitled "Emergency telephone service enabling act," (MCL 484.1101 to 484.1604) by adding chapter VII; and to repeal acts and parts of acts.

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

Roll Call No. 638 Yeas--103

Allen Ehardt Kuipers Rocca

Baird Faunce Kukuk Sanborn

Basham Frank LaForge Schauer

Birkholz Garcia LaSata Schermesser

Bisbee Garza Law Scott

Bishop Gieleghem Lemmons Scranton

Bogardus Gilbert Lockwood Shackleton

Bovin Gosselin Martinez Sheltrown

Bradstreet Green Mead Shulman

Brater Hager Middaugh Spade

Brewer Hale Minore Stallworth

Brown, B. Hanley Mortimer Stamas

Brown, C. Hansen Neumann Switalski

Byl Hart O'Neil Tabor

Callahan Howell Pappageorge Tesanovich

Cassis Jacobs Patterson Thomas

Caul Jamnick Pestka Toy

Cherry Jansen Price Van Woerkom

Clark, I. Jelinek Prusi Vander Roest

Clarke, H. Jellema Pumford Vaughn

Daniels Johnson, Rick Quarles Vear

DeHart Julian Raczkowski Voorhees

Dennis Kelly Reeves Wojno

DeRossett Kilpatrick Richardville Woodward

DeVuyst Koetje Richner Woronchak

DeWeese Kowall Rivet

Nays--0

In The Chair: Patterson

The House agreed to the title of the bill.

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

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

Second Reading of Bills

House Bill No. 4658, entitled

A bill to amend 1986 PA 32, entitled "Emergency telephone service enabling act," by amending section 201 (MCL 484.1201), as amended by 1994 PA 29, and by adding sections 407, 408, 409, 410, 411, and 412; 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-2) previously recommended by the Committee on Energy and Technology,

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

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

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

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

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

By unanimous consent the House returned to the order of

Third Reading of Bills

House Bill No. 4658, entitled

The bill was read a third time.

The question being on the passage of the bill,

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

The motion prevailed.

Second Reading of Bills

House Bill No. 4733, entitled

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

(The bill was read a second time, committee amendments defeated, substitute (H-1) adopted, amended, amendments offered and bill postponed temporarily on June 1, see House Journal No. 50, p. 1240.)

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

Rep. Martinez withdrew the amendment.

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

Rep. Martinez withdrew the amendment.

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

Rep. Martinez withdrew the amendment.

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

1. Amend page 10, line 6, after "TOWNSHIPS" by striking out the balance of the subsection and inserting "DOES NOT REJECT THE DESIGNATION BY A VOTE OF THE ELECTED LEGISLATIVE BODY OF THE CITY, VILLAGE, OR TOWNSHIP, WITHIN 30 DAYS OF THE PROPOSAL TO DESIGNATE THE RENAISSANCE ZONE BY THE MICHIGAN STRATEGIC FUND.".

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

Rep. Martinez demanded the yeas and nays.

The demand was supported.

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

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

Roll Call No. 639 Yeas--6

Bishop Gosselin Hart Vander Roest

Bradstreet Green

Nays--100

Allen Faunce Kukuk Rivet

Baird Frank LaForge Rocca

Basham Garcia LaSata Sanborn

Birkholz Garza Law Schauer

Bisbee Geiger Lemmons Schermesser

Bogardus Gieleghem Lockwood Scott

Bovin Gilbert Martinez Scranton

Brater Godchaux Mead Shackleton

Brewer Hager Middaugh Sheltrown

Brown, B. Hale Minore Shulman

Brown, C. Hanley Mortimer Spade

Byl Hansen Neumann Stallworth

Callahan Howell O'Neil Stamas

Cassis Jacobs Pappageorge Switalski

Caul Jamnick Patterson Tabor

Cherry Jansen Perricone Tesanovich

Clark, I. Jelinek Pestka Thomas

Clarke, H. Jellema Price Toy

Daniels Johnson, Rick Prusi Van Woerkom

DeHart Julian Pumford Vaughn

Dennis Kelly Quarles Vear

DeRossett Kilpatrick Raczkowski Voorhees

DeVuyst Koetje Reeves Wojno

DeWeese Kowall Richardville Woodward

Ehardt Kuipers Richner Woronchak

In The Chair: Patterson

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

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

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

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

By unanimous consent the House returned to the order of

Third Reading of Bills

House Bill No. 4733, 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. 640 Yeas--79

Allen Frank Kuipers Rivet

Baird Garcia Kukuk Rocca

Basham Geiger LaSata Sanborn

Birkholz Gilbert Law Schauer

Bisbee Godchaux Lemmons Scranton

Bishop Gosselin Lockwood Shackleton

Bogardus Green Martinez Sheltrown

Brown, B. Hager Mead Shulman

Brown, C. Hart Middaugh Spade

Byl Howell Minore Stamas

Cassis Jacobs Mortimer Tabor

Caul Jamnick Neumann Thomas

Cherry Jansen O'Neil Toy

Clarke, H. Jelinek Pappageorge Van Woerkom

Dennis Jellema Patterson Vander Roest

DeRossett Johnson, Rick Pestka Vear

DeVuyst Julian Pumford Voorhees

DeWeese Kilpatrick Reeves Woodward

Ehardt Koetje Richardville Woronchak

Faunce Kowall Richner

Nays--26

Bovin DeHart LaForge Scott

Bradstreet Garza Price Stallworth

Brater Gieleghem Prusi Switalski

Brewer Hale Quarles Tesanovich

Callahan Hanley Raczkowski Vaughn

Clark, I. Hansen Schermesser Wojno

Daniels Kelly

In The Chair: Patterson

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

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

The motion prevailed.

The House agreed to the title as amended.

______

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

The motion prevailed.

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

The motion prevailed.

By unanimous consent the House returned to the order of

Messages from the Senate

The Speaker laid before the House

House Bill No. 4025, entitled

A bill to amend 1978 PA 368, entitled "Public health code," by amending sections 10204 and 16215 (MCL 333.10204 and 333.16215), section 10204 as amended by 1988 PA 63 and section 16215 as amended by 1990 PA 279.

(The bill was received from the Senate on June 1, with substitute (S-1), full title inserted and immediate effect given by the Senate, consideration of which, under the rules, was postponed until today, see House Journal No. 50, p. 1267.)

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

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

Roll Call No. 641 Yeas--102

Allen Ehardt Kuipers Rivet

Baird Faunce Kukuk Rocca

Basham Frank LaForge Sanborn

Birkholz Garcia LaSata Schauer

Bisbee Garza Law Schermesser

Bishop Gieleghem Lemmons Scott

Bogardus Godchaux Lockwood Scranton

Bovin Gosselin Martinez Shackleton

Bradstreet Green Mead Sheltrown

Brater Hager Middaugh Shulman

Brewer Hale Minore Spade

Brown, B. Hanley Mortimer Stallworth

Brown, C. Hansen Neumann Stamas

Byl Hart O'Neil Switalski

Callahan Howell Pappageorge Tabor

Cassis Jacobs Patterson Tesanovich

Caul Jamnick Pestka Thomas

Cherry Jansen Price Toy

Clark, I. Jelinek Prusi Van Woerkom

Clarke, H. Jellema Pumford Vander Roest

Daniels Johnson, Rick Quarles Vaughn

DeHart Julian Raczkowski Vear

Dennis Kelly Reeves Voorhees

DeRossett Kilpatrick Richardville Wojno

DeVuyst Koetje Richner Woronchak

DeWeese Kowall

Nays--0

In The Chair: Patterson

The House agreed to the full title of the bill.

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

The Speaker laid before the House

House Bill No. 4466, entitled

A bill to amend 1927 PA 175, entitled "The code of criminal procedure," by amending section 13 of chapter XVII (MCL 777.13), as added by 1998 PA 317.

(The bill was received from the Senate on June 1, with amendment, full title inserted and immediate effect given by the Senate, consideration of which, under the rules, was postponed until today, see House Journal No. 50, p. 1267.)

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

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

Roll Call No. 642 Yeas--104

Allen Ehardt Koetje Richner

Baird Faunce Kowall Rivet

Basham Frank Kuipers Rocca

Birkholz Garcia Kukuk Sanborn

Bisbee Garza LaForge Schauer

Bishop Geiger LaSata Schermesser

Bogardus Gieleghem Law Scott

Bovin Gilbert Lemmons Scranton

Bradstreet Godchaux Lockwood Shackleton

Brater Gosselin Martinez Sheltrown

Brewer Green Mead Shulman

Brown, B. Hager Middaugh Spade

Brown, C. Hale Minore Stallworth

Byl Hanley Mortimer Stamas

Callahan Hansen Neumann Switalski

Cassis Hart O'Neil Tabor

Caul Howell Pappageorge Tesanovich

Cherry Jacobs Patterson Thomas

Clark, I. Jamnick Pestka Toy

Clarke, H. Jansen Price Van Woerkom

Daniels Jelinek Prusi Vander Roest

DeHart Jellema Pumford Vaughn

Dennis Johnson, Rick Quarles Vear

DeRossett Julian Raczkowski Voorhees

DeVuyst Kelly Reeves Wojno

DeWeese Kilpatrick Richardville Woronchak

Nays--0

In The Chair: Patterson

The House agreed to the full title of the bill.

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

The Speaker laid before the House

Senate Bill No. 381, entitled

A bill to amend 1978 PA 368, entitled "Public health code," (MCL 333.1101 to 333.25211) by adding section 10205.

(The bill was received from the Senate on June 1, with amendment to the House substitute (H-1), consideration of which, under the rules, was postponed until today, see House Journal No. 50, p. 1268.)

The question being on concurring in the adoption of the amendment made to the House substitute (H-1) by the Senate,

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

Roll Call No. 643 Yeas--102

Allen Ehardt Koetje Richardville

Baird Faunce Kowall Richner

Basham Frank Kuipers Rocca

Birkholz Garcia Kukuk Sanborn

Bisbee Garza LaForge Schauer

Bishop Geiger LaSata Schermesser

Bogardus Gieleghem Law Scott

Bovin Gilbert Lemmons Scranton

Bradstreet Godchaux Lockwood Shackleton

Brater Gosselin Martinez Sheltrown

Brewer Green Mead Shulman

Brown, B. Hager Middaugh Spade

Brown, C. Hale Minore Stamas

Byl Hanley Mortimer Switalski

Callahan Hansen Neumann Tabor

Cassis Hart O'Neil Tesanovich

Caul Howell Pappageorge Toy

Cherry Jacobs Patterson Van Woerkom

Clark, I. Jamnick Pestka Vander Roest

Clarke, H. Jansen Price Vaughn

Daniels Jelinek Prusi Vear

DeHart Jellema Pumford Voorhees

Dennis Johnson, Rick Quarles Wojno

DeRossett Julian Raczkowski Woodward

DeVuyst Kelly Reeves Woronchak

DeWeese Kilpatrick

Nays--0

In The Chair: Patterson

______

The Speaker Pro Tempore assumed the Chair.

Rep. Mans entered the House Chambers.

Rep. Koetje moved that Reps. DeVuyst and Patterson be excused temporarily from today's session.

The motion prevailed.

Second Reading of Bills

Senate Bill No. 306, entitled

A bill to amend 1949 PA 300, entitled "Michigan vehicle code," by amending sections 307, 315, and 319 (MCL 257.307, 257.315, and 257.319), section 307 as amended by 1998 PA 330 and section 319 as amended by 1998 PA 347, and by adding section 50a.

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

The substitute (H-1) was not adopted, a majority of the members serving not voting therefor.

Rep. Rick Johnson 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. Brewer moved to amend the bill as follows:

1. Amend page 11, line 21, after "VOTING." by inserting "HOWEVER, A PERSON MAY SUBMIT TO THE SECRETARY OF STATE A MAILING ADDRESS THAT IS DIFFERENT THAN HIS OR HER RESIDENCE ADDRESS.".

2. Amend page 12, line 12, after "ADDRESS" by inserting "OR THE MAILING ADDRESS AS".

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

Rep. Brewer moved that the amendments be considered separately.

The motion prevailed.

The question being on the adoption of amendment No. 1 offered by Rep. Brewer,

Rep. Brewer demanded the yeas and nays.

The demand was supported.

The question being on the adoption of the amendment No. 1 offered by Rep. Brewer,

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

Roll Call No. 644 Yeas--94

Allen Garza LaForge Sanborn

Baird Gieleghem LaSata Schauer

Basham Gilbert Law Schermesser

Birkholz Godchaux Lemmons Scott

Bisbee Green Lockwood Scranton

Bishop Hager Mans Shackleton

Bogardus Hale Martinez Sheltrown

Bovin Hanley Mead Shulman

Brater Hansen Middaugh Spade

Brewer Hart Minore Stallworth

Brown, B. Howell Neumann Stamas

Brown, C. Jacobs O'Neil Switalski

Callahan Jamnick Pestka Tabor

Cassis Jansen Price Tesanovich

Caul Jelinek Prusi Thomas

Cherry Jellema Pumford Toy

Clark, I. Johnson, Rick Quarles Van Woerkom

Clarke, H. Julian Raczkowski Vander Roest

Daniels Kelly Reeves Vaughn

DeHart Kilpatrick Richardville Voorhees

Dennis Koetje Richner Wojno

Faunce Kowall Rivet Woodward

Frank Kuipers Rocca Woronchak

Garcia Kukuk

Nays--9

Bradstreet Ehardt Gosselin Pappageorge

DeRossett Geiger Mortimer Vear

DeWeese

In The Chair: Birkholz

The question being on the adoption of amendment No. 2 offered previously by Rep. Brewer,

Rep. Brewer withdrew the amendment.

Rep. Middaugh moved to amend the bill as follows:

1. Amend page 2, line 3, after "number." by inserting "THE APPLICANT MAY PROVIDE A MAILING ADDRESS IF THE APPLICANT RECEIVES MAIL AT AN ADDRESS DIFFERENT FROM HIS OR HER RESIDENCE ADDRESS.".

2. Amend page 12, line 12, after "STATE" by inserting "OR IF THE PERSON HAS PROVIDED THE SECRETARY OF STATE A MAILING ADDRESS DIFFERENT FROM HIS OR HER RESIDENCE ADDRESS AND THERE IS NO RESPONSE TO A NOTICE MAILED TO THAT MAILING ADDRESS".

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

Rep. Tabor moved to amend the bill as follows:

1. Amend page 11, line 13, after "APPLICATION" by inserting "UNLESS THE PERSON REGISTERS TO VOTE IN A CITY, VILLAGE, OR TOWNSHIP THAT PROHIBITS THE OPERATION OF MOTOR VEHICLES BY LAW OR ORDINANCE".

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

Rep. Baird moved to amend the bill as follows:

1. Amend page 2, line 20, after "LOCATED."." by inserting "THIS SUBDIVISION DOES NOT APPLY TO THOSE PERSONS SPECIFICALLY DESCRIBED IN SUBSECTION (13).".

2. Amend page 10, following line 26, by inserting:

"(13) A PERSON WHO IS A STUDENT AT AN INSTITUTION OF HIGHER EDUCATION IN THIS STATE, A PERSON EMPLOYED IN THE SERVICE OF THE UNITED STATES OR OF THIS STATE, A PERSON ENGAGED IN THE NAVIGATION OF THE WATERS OF THIS STATE OR OF THE UNITED STATES OR ON THE HIGH SEAS, A PERSON WHO IS A PATIENT AT A NURSING HOME, OR A PERSON WHO IS A RESIDENT OF A MENTAL HEALTH FACILITY OPERATED BY THE DEPARTMENT OF COMMUNITY HEALTH MAY CHANGE THE RESIDENCE ADDRESS ON HIS OR HER OPERATOR'S OR CHAUFFEUR'S LICENSE WITHOUT CHANGING HIS OR HER RESIDENCE ADDRESS ON THE QUALIFIED VOTER FILE OR MAY CHANGE HIS OR HER RESIDENCE ADDRESS ON THE QUALIFIED VOTER FILE WITHOUT CHANGING THE RESIDENCE ADDRESS ON HIS OR HER OPERATOR'S OR CHAUFFEUR'S LICENSE.".

3. Amend page 11, line 18, after "STATE" by inserting a comma and "EXCEPT FOR THOSE PERSONS SPECIFICALLY DESCRIBED IN SECTION 307(13),".

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

Rep. Baird demanded the yeas and nays.

The demand was supported.

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

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

The motion prevailed.

By unanimous consent the House returned to the order of

Messages from the Senate

The Speaker laid before the House

House Bill No. 4648, entitled

A bill to amend 1949 PA 300, entitled "Michigan vehicle code," by amending section 904d (MCL 257.904d), as added by 1998 PA 358.

(The bill was received from the Senate on June 1, with amendments, full title inserted and immediate effect given by the Senate, consideration of which, under the rules, was postponed until today, see House Journal No. 50, p. 1267.)

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

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

Roll Call No. 645 Yeas--104

Allen Ehardt Kowall Rivet

Baird Faunce Kuipers Rocca

Basham Frank Kukuk Sanborn

Birkholz Garcia LaForge Schauer

Bisbee Garza LaSata Schermesser

Bishop Geiger Law Scott

Bogardus Gieleghem Lemmons Scranton

Bovin Gilbert Lockwood Shackleton

Bradstreet Godchaux Mans Sheltrown

Brater Gosselin Martinez Shulman

Brewer Green Mead Spade

Brown, B. Hager Middaugh Stallworth

Brown, C. Hale Minore Stamas

Byl Hanley Mortimer Switalski

Callahan Hansen Neumann Tabor

Cassis Hart O'Neil Tesanovich

Caul Howell Pappageorge Thomas

Cherry Jacobs Pestka Toy

Clark, I. Jamnick Price Van Woerkom

Clarke, H. Jansen Prusi Vander Roest

Daniels Jellema Pumford Vaughn

DeHart Johnson, Rick Quarles Vear

Dennis Julian Raczkowski Voorhees

DeRossett Kelly Reeves Wojno

DeVuyst Kilpatrick Richardville Woodward

DeWeese Koetje Richner Woronchak

Nays--0

In The Chair: Birkholz

The House agreed to the full title of the bill.

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

______

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

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

The motion prevailed.

Third Reading of Bills

Senate Bill No. 509, entitled

A bill to amend 1950 (Ex Sess) PA 23, entitled "Airport zoning act," by amending section 24 (MCL 259.454).

(The bill was read a third time and postponed for the day on June 1, see House Journal No. 50, p. 1239.)

The question being on the passage of the bill,

The bill was then passed, a majority of the members serving voting therefor, by yeas and nays, as follows:

Roll Call No. 646 Yeas--89

Allen Ehardt Kowall Rocca

Baird Faunce Kuipers Sanborn

Basham Frank Kukuk Schauer

Birkholz Garcia LaSata Schermesser

Bisbee Geiger Law Scranton

Bishop Gieleghem Lockwood Shackleton

Bogardus Gilbert Mans Sheltrown

Bovin Gosselin Mead Shulman

Bradstreet Green Middaugh Spade

Brewer Hager Minore Stallworth

Brown, B. Hale Mortimer Stamas

Brown, C. Hanley Neumann Switalski

Byl Hart O'Neil Tabor

Callahan Howell Pappageorge Tesanovich

Cassis Jacobs Pestka Thomas

Caul Jamnick Price Toy

Cherry Jansen Prusi Van Woerkom

Clarke, H. Jelinek Pumford Vander Roest

DeHart Jellema Quarles Vear

Dennis Johnson, Rick Raczkowski Voorhees

DeRossett Julian Richardville Woodward

DeVuyst Koetje Rivet Woronchak

DeWeese

Nays--14

Brater Hansen Lemmons Richner

Clark, I. Kelly Martinez Scott

Daniels Kilpatrick Reeves Wojno

Garza LaForge

In The Chair: Scranton

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

"An act to empower and direct the Michigan aeronautics commission to adopt airport approach plans for publicly owned airports within this state; to empower the Michigan aeronautics commission, municipalities, and other political subdivisions to promulgate, adopt, establish, administer, and enforce airport zoning regulations limiting the height of structures and objects of natural growth, and otherwise regulating the use of property in the vicinity of publicly owned airports, and to acquire, by purchase, grant, condemnation, or otherwise, air rights and other interests in land; to provide for the establishment of zoning commissions, administrative agencies, and boards of appeals to administer the provisions of this act, and to provide for their organization and procedure and appeals therefrom; and to provide penalties and remedies for violations of this act or ordinances or regulations made under the authority herein conferred; to provide for reciprocity with adjoining states maintaining and operating airports; and to repeal any inconsistent act or parts of acts,".

The House agreed to the full title.

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

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

______

Rep. Minore moved that Rep. Gieleghem be excused temporarily from today's session.

The motion prevailed.

Senate Bill No. 515, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending sections 30510 and 30512 (MCL 324.30510 and 324.30512), as added by 1995 PA 59.

(The bill was read a third time and postponed temporarily on June 1, see House Journal No. 50, p. 1240.)

The question being on the passage of the bill,

The bill was then passed, a majority of the members serving voting therefor, by yeas and nays, as follows:

Roll Call No. 647 Yeas--104

Allen Ehardt Kowall Rivet

Baird Faunce Kuipers Rocca

Basham Frank Kukuk Sanborn

Birkholz Garcia LaForge Schauer

Bisbee Garza LaSata Schermesser

Bishop Geiger Law Scott

Bogardus Gilbert Lemmons Scranton

Bovin Godchaux Lockwood Shackleton

Bradstreet Gosselin Mans Sheltrown

Brater Green Martinez Shulman

Brewer Hager Mead Spade

Brown, B. Hale Middaugh Stallworth

Brown, C. Hanley Minore Stamas

Byl Hansen Mortimer Switalski

Callahan Hart Neumann Tabor

Cassis Howell O'Neil Tesanovich

Caul Jacobs Pappageorge Thomas

Cherry Jamnick Pestka Toy

Clark, I. Jansen Price Van Woerkom

Clarke, H. Jelinek Prusi Vander Roest

Daniels Jellema Pumford Vaughn

DeHart Johnson, Rick Quarles Vear

Dennis Julian Raczkowski Voorhees

DeRossett Kelly Reeves Wojno

DeVuyst Kilpatrick Richardville Woodward

DeWeese Koetje Richner Woronchak

Nays--0

In The Chair: Scranton

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

"An act to protect the environment and natural resources of the state; to codify, revise, consolidate, and classify laws relating to the environment and natural resources of the state; to regulate the discharge of certain substances into the environment; to regulate the use of certain lands, waters, and other natural resources of the state; to prescribe the powers and duties of certain state and local agencies and officials; to provide for certain charges, fees, and assessments; to provide certain appropriations; to prescribe penalties and provide remedies; to repeal certain parts of this act on a specific date; and to repeal certain acts and parts of acts,".

The House agreed to the full title.

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

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

______

Rep. Rison entered the House Chambers.

Second Reading of Bills

Senate Bill No. 516, entitled

A bill to amend 1943 PA 183, entitled "County zoning act," by amending section 20 (MCL 125.220).

The bill was read a second time.

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

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

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

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

By unanimous consent the House returned to the order of

Third Reading of Bills

Senate Bill No. 516, entitled

A bill to amend 1943 PA 183, entitled "County zoning act," by amending section 20 (MCL 125.220).

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

Roll Call No. 648 Yeas--104

Allen Ehardt Kowall Rison

Baird Faunce Kuipers Rivet

Basham Frank Kukuk Rocca

Birkholz Garcia LaForge Sanborn

Bisbee Garza LaSata Schauer

Bishop Geiger Law Schermesser

Bogardus Gieleghem Lemmons Scott

Bovin Gilbert Lockwood Scranton

Bradstreet Gosselin Mans Shackleton

Brater Green Martinez Sheltrown

Brewer Hager Mead Shulman

Brown, B. Hale Middaugh Spade

Brown, C. Hanley Minore Stallworth

Byl Hansen Mortimer Stamas

Callahan Hart Neumann Switalski

Cassis Howell O'Neil Tabor

Caul Jacobs Pappageorge Tesanovich

Cherry Jamnick Pestka Thomas

Clark, I. Jansen Price Toy

Clarke, H. Jelinek Prusi Van Woerkom

Daniels Jellema Pumford Vander Roest

DeHart Johnson, Rick Quarles Vaughn

Dennis Julian Raczkowski Vear

DeRossett Kelly Reeves Voorhees

DeVuyst Kilpatrick Richardville Wojno

DeWeese Koetje Richner Woronchak

Nays--0

In The Chair: Scranton

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

"An act to provide for the establishment in portions of counties lying outside the limits of incorporated cities and villages of zoning districts within which the proper use of land and natural resources may be encouraged or regulated by ordinance, and for which districts provisions may also be adopted designating the location of, the size of, the uses that may be made of, the minimum open spaces, sanitary, safety, and protective measures that are required for, and the maximum number of families that may be housed in dwellings, buildings, and structures that are erected or altered; to designate the use of certain state licensed residential facilities; to provide for a method for the adoption of ordinances and amendments to ordinances; to provide for emergency interim ordinances; to provide by ordinance for the acquisition by purchase, condemnation, or otherwise, of property that does not conform to the requirements of the zoning districts so provided; to provide for the administering of ordinances adopted; to provide for conflicts with other acts, ordinances, or regulations; to provide sanctions for violations; to provide for the assessment, levy, and collection of taxes; to provide for referenda; to provide for appeals; to authorize the purchase of development rights; to authorize the issuance of bonds and notes; to provide for special assessments; and to prescribe penalties and provide remedies,".

The House agreed to the full title.

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

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

Second Reading of Bills

Senate Bill No. 517, entitled

A bill to amend 1943 PA 184, entitled "Township zoning act," by amending section 20 (MCL 125.290).

The bill was read a second time.

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

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

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

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

By unanimous consent the House returned to the order of

Third Reading of Bills

Senate Bill No. 517, entitled

A bill to amend 1943 PA 184, entitled "Township zoning act," by amending section 20 (MCL 125.290).

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

Roll Call No. 649 Yeas--106

Allen Faunce Kuipers Richner

Baird Frank Kukuk Rivet

Basham Garcia LaForge Rocca

Birkholz Garza LaSata Sanborn

Bisbee Geiger Law Schauer

Bishop Gieleghem Lemmons Schermesser

Bogardus Gilbert Lockwood Scott

Bovin Godchaux Mans Scranton

Bradstreet Gosselin Martinez Shackleton

Brater Green Mead Sheltrown

Brewer Hager Middaugh Shulman

Brown, B. Hale Minore Spade

Brown, C. Hanley Mortimer Stallworth

Byl Hansen Neumann Stamas

Callahan Hart O'Neil Switalski

Cassis Howell Pappageorge Tabor

Caul Jacobs Patterson Tesanovich

Cherry Jamnick Perricone Thomas

Clark, I. Jansen Pestka Toy

Clarke, H. Jelinek Price Van Woerkom

Daniels Jellema Prusi Vander Roest

DeHart Johnson, Rick Pumford Vaughn

Dennis Julian Quarles Vear

DeRossett Kelly Raczkowski Voorhees

DeVuyst Kilpatrick Reeves Wojno

DeWeese Koetje Richardville Woodward

Ehardt Kowall

Nays--0

In The Chair: Scranton

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

"An act to provide for the establishment in townships of zoning districts within which the proper use of land and natural resources may be encouraged or regulated by ordinance, and for which districts provisions may also be adopted designating the location of, the size of, the uses that may be made of, the minimum open spaces, sanitary, safety, and protective measures that shall be required for, and the maximum number of families that may be housed in dwellings, buildings, and structures, including tents and trailer coaches, that are erected or altered; to designate the use of certain state licensed residential facilities; to provide for a method for the adoption of ordinances and amendments to ordinances; to provide for emergency interim ordinances; to provide for the acquisition by purchase, condemnation, or otherwise of nonconforming property; to provide for the administering of ordinances adopted; to provide for conflicts with other acts, ordinances, or regulations; to provide sanctions for violations; to provide for the assessment, levy, and collection of taxes; to provide for the collection of fees for building permits; to provide for petitions, public hearings, and referenda; to provide for appeals; to authorize the purchase of development rights; to authorize the issuance of bonds and notes; to provide for special assessments; and to prescribe penalties and provide remedies,".

The House agreed to the full title.

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

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

______

Associate Speaker Pro Tempore Patterson resumed the Chair.

Second Reading of Bills

Senate Bill No. 518, entitled

A bill to amend 1921 PA 207, entitled "City and village zoning act," by amending section 5 (MCL 125.585), as amended by 1986 PA 191.

The bill was read a second time.

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

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

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

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

______

Rep. Minore moved that Rep. Gieleghem be excused temporarily from today's session.

The motion prevailed.

By unanimous consent the House returned to the order of

Third Reading of Bills

Senate Bill No. 518, entitled

A bill to amend 1921 PA 207, entitled "City and village zoning act," by amending section 5 (MCL 125.585), as amended by 1986 PA 191.

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

Roll Call No. 650 Yeas--106

Allen Faunce LaForge Rivet

Baird Frank LaSata Rocca

Basham Garcia Law Sanborn

Birkholz Garza Lemmons Schauer

Bisbee Geiger Lockwood Schermesser

Bishop Gilbert Mans Scott

Bogardus Godchaux Martinez Scranton

Bovin Gosselin Mead Shackleton

Bradstreet Green Middaugh Sheltrown

Brater Hager Minore Shulman

Brewer Hale Mortimer Spade

Brown, B. Hanley Neumann Stallworth

Brown, C. Hansen O'Neil Stamas

Byl Hart Pappageorge Switalski

Callahan Howell Patterson Tabor

Cassis Jacobs Perricone Tesanovich

Caul Jamnick Pestka Thomas

Cherry Jansen Price Toy

Clark, I. Jelinek Prusi Van Woerkom

Clarke, H. Jellema Pumford Vander Roest

Daniels Johnson, Rick Quarles Vaughn

DeHart Julian Raczkowski Vear

Dennis Kelly Reeves Voorhees

DeRossett Kilpatrick Richardville Wojno

DeVuyst Kowall Richner Woodward

DeWeese Kuipers Rison Woronchak

Ehardt Kukuk

Nays--0

In The Chair: Patterson

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

"An act to provide for the establishment in cities and villages of districts or zones within which the use of land and structures and the height, area, size, and location of buildings may be regulated by ordinance, and for which districts regulations shall be established for the light and ventilation of those buildings, and for which districts or zones the density of population may be regulated by ordinance; to designate the use of certain state licensed residential facilities; to provide by ordinance for the acquisition by purchase, condemnation, or otherwise of private property that does not conform to the regulations and restrictions of the various zones or districts provided; to provide for the administering of this act; to provide for amendments, supplements, or changes in zoning ordinances, zones, or districts; to provide for conflict with the state housing code or other acts, ordinances, or regulations; to provide sanctions for the violation of this act; to authorize the purchase of development rights; to authorize the issuance of bonds and notes; and to provide for special assessments,".

The House agreed to the full title.

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

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

Second Reading of Bills

House Bill No. 4028, entitled

A bill to amend 1954 PA 116, entitled "Michigan election law," by amending section 613a (MCL 168.613a), as amended by 1995 PA 87.

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

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

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

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

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

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

By unanimous consent the House returned to the order of

Third Reading of Bills

House Bill No. 4028, entitled

A bill to amend 1954 PA 116, entitled "Michigan election law," by amending section 613a (MCL 168.613a), as amended by 1995 PA 87.

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

Roll Call No. 651 Yeas--106

Allen Faunce Kukuk Rison

Baird Frank LaForge Rivet

Basham Garcia LaSata Rocca

Birkholz Garza Law Sanborn

Bisbee Gieleghem Lemmons Schauer

Bishop Gilbert Lockwood Schermesser

Bogardus Godchaux Mans Scott

Bovin Gosselin Martinez Shackleton

Bradstreet Green Mead Sheltrown

Brater Hager Middaugh Shulman

Brewer Hale Minore Spade

Brown, B. Hanley Mortimer Stallworth

Brown, C. Hansen Neumann Stamas

Byl Hart O'Neil Switalski

Callahan Howell Pappageorge Tabor

Cassis Jacobs Patterson Tesanovich

Caul Jamnick Perricone Thomas

Cherry Jansen Pestka Toy

Clark, I. Jelinek Price Van Woerkom

Clarke, H. Jellema Prusi Vander Roest

Daniels Johnson, Rick Pumford Vaughn

DeHart Julian Quarles Vear

Dennis Kelly Raczkowski Voorhees

DeRossett Kilpatrick Reeves Wojno

DeVuyst Koetje Richardville Woodward

DeWeese Kowall Richner Woronchak

Ehardt Kuipers

Nays--0

In The Chair: Patterson

The House agreed to the title of the bill.

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

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

Second Reading of Bills

House Bill No. 4408, entitled

A bill to amend 1954 PA 116, entitled "Michigan election law," by amending sections 614a and 615a (MCL 168.614a and 168.615a), section 614a as added by 1988 PA 275 and section 615a as amended by 1995 PA 87.

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

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

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

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

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

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

By unanimous consent the House returned to the order of

Third Reading of Bills

House Bill No. 4408, 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. 652 Yeas--102

Allen Frank Kukuk Rocca

Baird Garcia LaForge Sanborn

Basham Garza LaSata Schauer

Birkholz Gieleghem Law Schermesser

Bisbee Gilbert Lemmons Scott

Bishop Godchaux Lockwood Scranton

Bovin Gosselin Mans Shackleton

Bradstreet Green Martinez Sheltrown

Brater Hager Mead Shulman

Brewer Hale Middaugh Spade

Brown, B. Hanley Mortimer Stallworth

Brown, C. Hansen Neumann Stamas

Callahan Hart O'Neil Switalski

Cassis Howell Pappageorge Tabor

Caul Jacobs Patterson Tesanovich

Cherry Jamnick Pestka Thomas

Clark, I. Jansen Price Toy

Clarke, H. Jelinek Prusi Van Woerkom

Daniels Jellema Pumford Vander Roest

DeHart Johnson, Rick Raczkowski Vaughn

Dennis Julian Reeves Vear

DeRossett Kelly Richardville Voorhees

DeVuyst Kilpatrick Richner Wojno

DeWeese Koetje Rison Woodward

Ehardt Kowall Rivet Woronchak

Faunce Kuipers

Nays--0

In The Chair: Patterson

The House agreed to the title of the bill.

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

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

The House returned to the consideration of

Senate Bill No. 306, entitled

(The bill was considered earlier today, see today's Journal, p. 1280.)

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

After debate,

Rep. Green demanded the previous question.

The demand was supported.

The question being, "Shall the main question now be put?"

The previous question was ordered.

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

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

Roll Call No. 653 Yeas--53

Baird Frank Lockwood Schauer

Basham Garza Mans Schermesser

Bogardus Gieleghem Martinez Scott

Bovin Godchaux Minore Sheltrown

Brater Hale Neumann Spade

Brewer Hanley O'Neil Stallworth

Brown, B. Hansen Pestka Stamas

Callahan Jacobs Price Switalski

Cherry Jamnick Prusi Tesanovich

Clark, I. Kelly Quarles Thomas

Clarke, H. Kilpatrick Reeves Vaughn

Daniels LaForge Rison Wojno

DeHart Lemmons Rivet Woodward

Dennis

Nays--50

Allen Garcia Kuipers Richner

Birkholz Gilbert Kukuk Rocca

Bisbee Gosselin LaSata Sanborn

Bishop Green Law Shackleton

Bradstreet Hager Mead Shulman

Brown, C. Hart Middaugh Tabor

Cassis Howell Mortimer Toy

Caul Jansen Pappageorge Van Woerkom

DeRossett Jelinek Patterson Vander Roest

DeVuyst Johnson, Rick Pumford Vear

DeWeese Julian Raczkowski Voorhees

Ehardt Koetje Richardville Woronchak

Faunce Kowall

In The Chair: Patterson

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

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

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

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

By unanimous consent the House returned to the order of

Third Reading of Bills

Senate Bill No. 306, entitled

The bill was read a third time.

The question being on the passage of the bill,

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

The motion prevailed.

By unanimous consent the House returned to the order of

Reports of Standing Committees

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

House Bill No. 4691, entitled

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

With the recommendation that the bill pass.

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

Favorable Roll Call

HB 4691 To Report Out:

Yeas: Reps. Cassis, Woronchak, Allen, Faunce, Gilbert, Gosselin, Koetje, Vander Roest, Vear, Jamnick, Minore, Switalski,

Nays: None.

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

House Bill No. 4744, entitled

A bill to amend 1937 PA 94, entitled "Use tax act," by amending sections 3, 4, and 4h (MCL 205.93, 205.94, and 205.94h), section 3 as amended by 1995 PA 67, section 4 as amended by 1998 PA 491, and section 4h as added by 1986 PA 13, and by adding sections 4o, 4p, 4q, 4r, 8, and 9a.

With the recommendation that the substitute (H-4) be adopted and that the bill then pass.

The bill and substitute were referred to the order of Second Reading of Bills.

Favorable Roll Call

HB 4744 To Report Out:

Yeas: Reps. Cassis, Woronchak, Allen, Faunce, Gilbert, Gosselin, Koetje, Patterson, Vander Roest, Vear,

Nays: Reps. Quarles, Basham, Garza, Jamnick, Minore, Switalski.

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

House Bill No. 4745, entitled

A bill to amend 1975 PA 228, entitled "Single business tax act," by amending sections 4, 5, 6, 37c, 37d, and 49 (MCL 208.4, 208.5, 208.6, 208.37c, 208.37d, and 208.49), section 4 as amended by 1995 PA 285, section 5 as amended by 1987 PA 253, and sections 37c and 37d as amended by 1996 PA 470, and by adding section 19.

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.

Favorable Roll Call

HB 4745 To Report Out:

Yeas: Reps. Cassis, Woronchak, Allen, Faunce, Gilbert, Gosselin, Koetje, Patterson, Vander Roest,

Nays: Reps. Quarles, Basham, Garza, Jamnick, Minore, Switalski.

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

Senate Bill No. 466, entitled

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

With the recommendation that the bill pass.

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

Favorable Roll Call

SB 466 To Report Out:

Yeas: Reps. Cassis, Woronchak, Allen, Faunce, Gosselin, Koetje, Vander Roest, Vear, Jamnick, Minore, Switalski,

Nays: None.

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

Senate Bill No. 544, entitled

A bill to amend 1933 PA 167, entitled "General sales tax act," by amending section 4g (MCL 205.54g), as amended by 1998 PA 60, and by adding section 4r.

With the recommendation that the substitute (H-6) be adopted and that the bill then pass.

The bill and substitute were referred to the order of Second Reading of Bills.

Favorable Roll Call

SB 544 To Report Out:

Yeas: Reps. Cassis, Woronchak, Allen, Faunce, Gilbert, Gosselin, Koetje, Patterson, Vander Roest, Vear,

Nays: Reps. Quarles, Basham, Garza, Jamnick, Minore, Switalski.

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, June 2, 1999, at 8:00 a.m.,

Present: Reps. Cassis, Woronchak, Allen, Faunce, Gilbert, Gosselin, Koetje, Patterson, Vander Roest, Vear, Quarles, Basham, Garza, Jamnick, Minore, O'Neil, Switalski.

Second Reading of Bills

House Bill No. 4691, entitled

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

The bill was read a second time.

Rep. Shackleton moved to substitute (H-2) the bill.

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

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

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

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

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

By unanimous consent the House returned to the order of

Third Reading of Bills

House Bill No. 4691, entitled

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

The bill was read a third time.

The question being on the passage of the bill,

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

The motion prevailed.

Second Reading of Bills

Senate Bill No. 466, entitled

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

The bill was read a second time.

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

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

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

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

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

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

By unanimous consent the House returned to the order of

Third Reading of Bills

Senate Bill No. 466, entitled

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

The bill was read a third time.

The question being on the passage of the bill,

Rep. Shackleton moved to amend the bill as follows:

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

"Enacting section 1. This amendatory act is effective for taxes levied after May 29, 1990.".

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

The question being on the passage of the bill,

The bill was then passed, a majority of the members serving voting therefor, by yeas and nays, as follows:

Roll Call No. 654 Yeas--75

Allen Frank Kukuk Rocca

Birkholz Garcia LaForge Sanborn

Bisbee Gilbert LaSata Schauer

Bishop Godchaux Law Scranton

Bovin Gosselin Mans Shackleton

Bradstreet Green Mead Sheltrown

Brown, B. Hager Middaugh Shulman

Brown, C. Hart Mortimer Spade

Byl Howell Neumann Stamas

Cassis Jamnick Pappageorge Tabor

Caul Jansen Patterson Tesanovich

Cherry Jelinek Pestka Toy

Clarke, H. Jellema Price Van Woerkom

DeHart Johnson, Rick Prusi Vander Roest

DeRossett Julian Pumford Vear

DeVuyst Kelly Raczkowski Voorhees

DeWeese Koetje Richardville Woodward

Ehardt Kowall Richner Woronchak

Faunce Kuipers Rivet

Nays--31

Baird Dennis Lemmons Schermesser

Basham Garza Lockwood Scott

Bogardus Gieleghem Martinez Stallworth

Brater Hale Minore Switalski

Brewer Hanley O'Neil Thomas

Callahan Hansen Quarles Vaughn

Clark, I. Jacobs Reeves Wojno

Daniels Kilpatrick Rison

In The Chair: Patterson

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

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

The motion prevailed.

The House agreed to the title as amended.

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

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

House Bill No. 4498, entitled

A bill to amend 1979 PA 94, entitled "The state school aid act of 1979," by amending sections 3, 4, 6, 6b, 8, 8a, 11, 11g, 13, 14, 15, 17a, 17b, 18, 18a, 19, 20, 20b, 24, 25, 25a, 26a, 31a, 31c, 36, 36a, 37, 38, 39, 40, 41, 51a, 52, 53a, 54, 56, 57, 61a, 62, 63, 67, 68, 74, 81, 91b, 94, 99, 101, 102, 104a, 105, 107, 109, 118, 124, 147, 151, 152, 158, 158b, 161a, 163, 165, 166b, 167, 168, 169, and 169a, (MCL 388.1603, 388.1604, 388.1606, 388.1606b, 388.1608, 388.1608a, 388.1611, 388.1611g, 388.1613, 388.1614, 388.1615, 388.1617a, 388.1617b, 388.1618, 388.1618a, 388.1619, 388.1620, 388.1620b, 388.1624, 388.1625, 388.1625a, 388.1626a, 388.1631a, 388.1631c, 388.1636, 388.1636c, 388.1637, 388.1638, 388.1639, 388.1640, 388.1641, 388.1651a, 388.1652, 388.1653a, 388.1654, 388.1656, 388.1657, 388.1661a, 388.1662, 388.1663, 388.1667, 388.1668, 388.1674, 388.1681, 388.1691b, 388.1694, 388.1699, 388.1701, 388.1702, 388.1704a, 388.1705, 388.1707, 388.1709, 388.1718, 388.1724, 388.1747, 388.1751, 388.1752, 388.1758, 388.1758b, 388.1761a, 388.1763, 388.1765, 388.1766b, 388.1767, 388.1768, 388.1769, and 388.1769a), sections 6, 11, 11g, 17b, 20, 20b, 26a, 31a, 51a, 63, 81, and 105 as amended by 1998 PA 553, and sections 25a and 161a as added by 1998 PA 553, and sections 8a, 24, 31c, 36, 36a, 41, 53a, 54, 56, 57, 61a, 62, 68, 74, 94, 99, 101, 107, 147, and 166b as amended by 1998 PA 339, and section 165 as added by 1998 PA 339, and section 104a as amended by 1997 PA 176, and sections 8, 39 and 67 as amended by 1997 PA 142, and sections 3, 25, 52, 124, 151, 167, and 169a as amended by 1997 PA 93, and section 6b as added by 1997 PA 24, and sections 13, 15, 17a, 18, 18a, 19, 37, 38, 102, and 163 as amended by 1996 PA 300, and section 169 as added by 1996 PA 300, and section 4 as amended by 1995 PA 130, and sections 91b and 118 as added by 1995 PA 130, and section 109 as amended by 1994 PA 283, and section 158b as added by 1994 PA 283, and section 14 as amended by 1993 PA 336, and section 152 as amended by 1993 PA 175, and section 168 as added by 1993 PA 175, and section 40 as amended by 1991 PA 118, and section 158 as amended by 1990 PA 207, and by adding sections 105c and 166c; and to repeal acts and parts of acts.

(The bill was read a third time and postponed for the day on June 1, see House Journal No. 50, p. 1261.)

The question being on the passage of the bill,

The bill was then passed, a majority of the members serving voting therefor, by yeas and nays, as follows:

Roll Call No. 655 Yeas--93

Allen Faunce LaSata Rivet

Baird Frank Lemmons Rocca

Basham Garza Lockwood Sanborn

Birkholz Gieleghem Mans Schauer

Bisbee Gilbert Martinez Schermesser

Bishop Godchaux Mead Scott

Bogardus Hager Middaugh Scranton

Bovin Hale Minore Shackleton

Brater Hanley Mortimer Sheltrown

Brewer Hansen Neumann Shulman

Brown, B. Hart O'Neil Spade

Brown, C. Howell Pappageorge Stallworth

Byl Jacobs Patterson Switalski

Callahan Jamnick Pestka Tabor

Cassis Jelinek Price Tesanovich

Caul Jellema Prusi Thomas

Cherry Johnson, Rick Pumford Toy

Clark, I. Julian Quarles Van Woerkom

Clarke, H. Kelly Raczkowski Vander Roest

Daniels Kilpatrick Reeves Vaughn

DeHart Koetje Richardville Wojno

Dennis Kowall Richner Woodward

DeRossett LaForge Rison Woronchak

DeWeese

Nays--12

Bradstreet Garcia Jansen Stamas

DeVuyst Gosselin Kuipers Vear

Ehardt Green Kukuk Voorhees

In The Chair: Patterson

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

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

A bill to amend 1979 PA 94, entitled "The state school aid act of 1979," by amending sections 6, 11, 11g, 13, 17b, 18, 20, 20b, 24, 26a, 31a, 31c, 36, 36a, 51a, 53a, 56, 61a, 62, 63, 67, 68, 81, 91b, 101, 104a, 105, 147, and 166b (MCL 388.1606, 388.1611, 388.1611g, 388.1613, 388.1617b, 388.1618, 388.1620, 388.1620b, 388.1624, 388.1626a, 388.1631a, 388.1631c, 388.1636, 388.1636a, 388.1651a, 388.1653a, 388.1656, 388.1661a, 388.1662, 388.1663, 388.1667, 388.1668, 388.1681, 388.1691b, 388.1701, 388.1704a, 388.1705, 388.1747, and 388.1766b), sections 6, 11, 11g, 17b, 20, 20b, 26a, 31a, 51a, 63, 81, and 105 as amended by 1998 PA 553, sections 13 and 18 as amended by 1996 PA 300, sections 24, 31c, 36, 36a, 53a, 56, 61a, 62, 68, 101, 147, and 166b as amended by 1998 PA 339, section 67 as amended by 1997 PA 142, section 91b as added by 1995 PA 130, and section 104a as amended by 1997 PA 176, and by adding sections 20j, 20k, 20l, 32, 43, 44, and 169c; and to repeal acts and parts of acts.

The motion prevailed.

The House agreed to the title as amended.

______

Reps. DeVuyst and Ehardt, 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 believe in fully funding our public schools, however, cannot justify a vote which would create disparity among districts and would leave our schools in a financial mess in the future. Operating with fiscal responsibility is a commitment I made to my constituents, and is one I fully intend to keep. I voted no on House Bill 4498 because it is 443 million dollars over the current K-12 school budget for the year, and because it would leave the state with a negative school aid budget of 64 million dollars. This is a funding level we cannot sustain in the long term, and in all good conscience I cannot support a bill that will harm our schools in the future. Further, House Bill 4498 is riddled with special categoricals for certain districts, and does not spread funding evenly through the foundation grant for all school districts. Funding for our public schools must be equitable, sustainable and responsible."

The House returned to the consideration of

House Bill No. 4658, entitled

(The bill was considered earlier today, see today's Journal, p. 1275.)

The question being on the passage of the bill,

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

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

Second Reading of Bills

House Bill No. 4658, entitled

Rep. Gosselin moved to amend the bill as follows:

1. Amend page 2, line 14, after "(1)" by striking out the balance of the line through "SECTION," on line 18.

2. Amend page 2, line 19, after "OF" by striking out "52" and inserting "47".

3. Amend page 4, line 9, after "(4)," by striking out "10 CENTS" and inserting "8 CENTS FOR THE FIRST 2 YEARS AFTER THE EFFECTIVE DATE OF THIS SECTION AND 5 CENTS THEREAFTER".

4. Amend page 4, line 19, after "(4)," by striking out "15 CENTS" and inserting "12 CENTS FOR THE FIRST 2 YEARS AFTER THE EFFECTIVE DATE OF THIS SECTION AND 15 CENTS THEREAFTER".

5. Amend page 6, line 1, by striking out all of subdivision (E).

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

Rep. Middaugh moved that the amendment Nos. 1 and 2 and amendment Nos. 3 through 5 be considered separately.

The motion prevailed.

The question being on the adoption of amendment Nos. 1 and 2 offered by Rep. Gosselin,

Rep. Gosselin demanded the yeas and nays.

The demand was supported.

The question being on the adoption of amendment Nos. 1 and 2 offered by Rep. Gosselin,

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

Roll Call No. 656 Yeas--35

Birkholz DeVuyst Jellema Richardville

Bisbee DeWeese Koetje Rison

Bishop Ehardt Kowall Rocca

Bradstreet Faunce Kukuk Sanborn

Brewer Garcia LaSata Shulman

Brown, C. Gosselin Law Van Woerkom

Cassis Green Middaugh Vander Roest

Caul Hart Mortimer Voorhees

DeRossett Jansen Raczkowski

Nays--69

Allen Gieleghem Martinez Scott

Baird Gilbert Mead Scranton

Basham Godchaux Minore Shackleton

Bogardus Hager Neumann Sheltrown

Bovin Hale O'Neil Spade

Brater Hansen Pappageorge Stallworth

Brown, B. Howell Patterson Stamas

Byl Jacobs Perricone Switalski

Callahan Jamnick Pestka Tabor

Cherry Jelinek Price Tesanovich

Clark, I. Johnson, Rick Prusi Thomas

Clarke, H. Julian Pumford Toy

Daniels Kuipers Quarles Vaughn

DeHart LaForge Richner Vear

Dennis Lemmons Rivet Wojno

Frank Lockwood Schauer Woodward

Garza Mans Schermesser Woronchak

Geiger

In The Chair: Patterson

The question being on the adoption of amendment Nos. 3-5 offered previously by Rep. Gosselin,

Rep. Gosselin withdrew the amendments.

Reps. Cassis, Scranton and Birkholz moved to amend the bill as follows:

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

"(5) THE AUDITOR GENERAL SHALL AUDIT THE FUND AT LEAST ANNUALLY.".

2. Amend page 11, following line 3, by inserting:

"(3) UPON RECEIPT OF THE REPORT, THE LEGISLATURE MUST CONSIDER THE FINDINGS OF THE REPORT AND DETERMINE WHETHER AN ADJUSTMENT TO THE FEE IS NECESSARY.".

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

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

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

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

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

______

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

The motion prevailed.

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

The motion prevailed.

By unanimous consent the House returned to the order of

Third Reading of Bills

House Bill No. 4658, entitled

The bill was read a third time.

The question being on the passage of the bill,

Rep. Bradstreet moved that the bill be re-referred to the Committee on Energy and Technology.

The question being on the motion by Rep. Bradstreet,

Rep. Bradstreet demanded the yeas and nays.

The demand was supported.

The question being on the motion by Rep. Bradstreet,

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

Roll Call No. 657 Yeas--35

Allen DeRossett Johnson, Rick Rocca

Birkholz DeWeese Koetje Sanborn

Bisbee Gilbert Kuipers Shackleton

Bishop Gosselin Kukuk Shulman

Bradstreet Green LaSata Vander Roest

Brewer Hart Minore Vear

Brown, C. Jansen Mortimer Voorhees

Callahan Jelinek Richardville Wojno

Cassis Jellema Richner

Nays--68

Baird Frank Martinez Schauer

Basham Garcia Mead Schermesser

Bogardus Geiger Middaugh Scott

Bovin Gieleghem Neumann Scranton

Brater Godchaux O'Neil Sheltrown

Brown, B. Hager Pappageorge Spade

Byl Hale Patterson Stallworth

Caul Hansen Perricone Stamas

Cherry Howell Pestka Switalski

Clark, I. Jacobs Price Tabor

Clarke, H. Julian Prusi Tesanovich

Daniels Kowall Pumford Thomas

DeHart LaForge Quarles Toy

Dennis Law Raczkowski Van Woerkom

DeVuyst Lemmons Reeves Vaughn

Ehardt Lockwood Rison Woodward

Faunce Mans Rivet Woronchak

In The Chair: Patterson

The question being on the passage of the bill,

The bill was then passed, a majority of the members serving voting therefor, by yeas and nays, as follows:

Roll Call No. 658 Yeas--77

Allen Ehardt Law Schauer

Baird Faunce Lemmons Schermesser

Basham Garcia Lockwood Scott

Bogardus Garza Mans Scranton

Bovin Geiger Martinez Shackleton

Brater Gieleghem Mead Sheltrown

Brewer Godchaux Minore Spade

Brown, B. Green Neumann Stallworth

Brown, C. Hager O'Neil Stamas

Byl Hale Pappageorge Switalski

Callahan Hanley Patterson Tabor

Caul Hansen Pestka Thomas

Cherry Howell Price Toy

Clark, I. Jacobs Pumford Van Woerkom

Clarke, H. Jamnick Quarles Vaughn

Daniels Johnson, Rick Reeves Vear

DeHart Julian Richardville Wojno

Dennis Kowall Rison Woodward

DeVuyst LaForge Rivet Woronchak

DeWeese

Nays--29

Birkholz Gosselin Kukuk Richner

Bisbee Hart LaSata Rocca

Bishop Jansen Middaugh Sanborn

Bradstreet Jelinek Mortimer Shulman

Cassis Jellema Perricone Tesanovich

DeRossett Koetje Prusi Vander Roest

Frank Kuipers Raczkowski Voorhees

Gilbert

In The Chair: Patterson

The House agreed to the title of the bill.

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

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

______

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:

On April 15 of this year, tax day, I renewed a pledge which I made to the citizens of the 42nd district who elected me to the House. This was the 'No New Taxes' pledge. To vote 'yes' on this bill would be to violate that pledge."

Rep. Sanborn, 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 house bill 4658 because the debate on the floor and data provided clearly indicated that it was a tax hike for my citizens of the 32nd district."

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

"Mr. Speaker and members of the House:

I support the concept that our current 911 service needs to be updated to trace where calls are coming from. This is an important safety measure. However, currently we have no hard data on how much money is needed or how much would be generated by this bill. For that reason, I do not support this large increase on consumers at this time. Cell phones will continue to have access to emergency services without this bill."

Rep. Birkholz, 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:

The need for Enhanced 911 statewide in Michigan is well documented. The cost of the program is not documented! And everyone who has read the information available on the issue knows full well that 55¢ per month/per cell phone is too much. Therefore, I had to vote no on HB 4658."

Reps. Shulman and Bishop, 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:

While the implementation of a wireless emergency telephone service is a laudable and worth idea, the increase in the user fee on a cellular owner's monthly bill without any evidence or justification of the need for the increase is unsound fiscal policy.

This bill was deserving of the time and careful cost research so that it was assured that it would not be an albatross on the neck of the citizens of this great state of Michigan."

Rep. Bradstreet, 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:

This bill represents a necessary service that needs to be provided. Unfortunately, this bill is a travesty as a funding source for that needed service. There was absolutely no cost evidence provided to the House Committee on Energy and Technology by the supporters of this bill."

Second Reading of Bills

Senate Bill No. 492, entitled

A bill to amend 1986 PA 32, entitled "Emergency telephone service enabling act," by amending sections 102, 303, 316, 601, 602, and 604 (MCL 484.1102, 484.1303, 484.1316, 484.1601, 484.1602, and 484.1604), section 102 as amended by 1996 PA 313, sections 303 and 602 as amended by 1994 PA 29, and section 601 as amended by 1989 PA36, and by adding section 605.

The bill was read a second time.

Rep. Woodward moved to amend the bill as follows:

1. Amend page 12, line 24, after the first "for" by inserting "COMMERCIAL MOBILE RADIO SERVICE AND EXCEPT FOR".

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

Rep. Woodward demanded the yeas and nays.

The demand was supported.

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

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

Roll Call No. 659 Yeas--44

Baird Dennis Martinez Rivet

Basham Frank Minore Schauer

Bogardus Garza Neumann Schermesser

Bovin Gieleghem O'Neil Scott

Brater Hale Patterson Sheltrown

Brewer Hanley Pestka Spade

Callahan Jacobs Price Switalski

Cherry Jamnick Prusi Tesanovich

Clark, I. LaForge Quarles Vaughn

Clarke, H. Lockwood Reeves Wojno

DeHart Mans Rison Woodward

Nays--58

Allen Garcia Kowall Rocca

Birkholz Geiger Kuipers Sanborn

Bisbee Gilbert Kukuk Scranton

Bishop Godchaux LaSata Shackleton

Bradstreet Gosselin Law Shulman

Brown, C. Green Mead Stallworth

Byl Hager Middaugh Stamas

Cassis Hart Mortimer Tabor

Caul Howell Pappageorge Toy

Daniels Jansen Perricone Van Woerkom

DeRossett Jelinek Pumford Vander Roest

DeVuyst Jellema Raczkowski Vear

DeWeese Johnson, Rick Richardville Voorhees

Ehardt Julian Richner Woronchak

Faunce Koetje

In The Chair: Patterson

Rep. Baird moved to amend the bill as follows:

1. Amend page 13, line 8, after "misconduct." by inserting "AS USED IN THIS SECTION, "SERVICE SUPPLIER" DOES NOT INCLUDE A CMRS SUPPLIER THAT DOES NOT HAVE THE ABILITY TO IDENTIFY IN AT LEAST 67% OF 9-1-1 CALLS THE LOCATION OF THE CALLER WITHIN A RADIUS OF NO MORE THAN 125 METERS.".

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

Rep. Baird demanded the yeas and nays.

The demand was supported.

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

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

The motion prevailed.

Senate Bill No. 493, entitled

A bill to amend 1986 PA 32, entitled "Emergency telephone service enabling act," by amending sections 401, 403, 404, 405, 406, and 505 (MCL 484.1401, 484.1403, 484.1404, 484.1405, 484.1406, and 484.1505), sections 401, 403, and 405 as amended and section 406 as added by 1994 PA 29.

The bill was read a second time.

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

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

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

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

______

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

The motion prevailed.

By unanimous consent the House returned to the order of

Third Reading of Bills

Senate Bill No. 493, 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. 660 Yeas--100

Allen Ehardt Kuipers Rison

Baird Faunce Kukuk Rocca

Basham Garcia LaForge Sanborn

Birkholz Garza LaSata Schauer

Bisbee Geiger Law Schermesser

Bishop Gieleghem Lemmons Scott

Bogardus Gilbert Lockwood Scranton

Bovin Godchaux Mans Shackleton

Brater Green Martinez Sheltrown

Brewer Hager Mead Shulman

Brown, B. Hale Middaugh Spade

Brown, C. Hanley Minore Stallworth

Byl Hansen Neumann Stamas

Callahan Hart O'Neil Switalski

Cassis Howell Pappageorge Tabor

Caul Jacobs Patterson Tesanovich

Cherry Jamnick Perricone Thomas

Clark, I. Jansen Pestka Toy

Clarke, H. Jelinek Price Van Woerkom

Daniels Jellema Prusi Vaughn

DeHart Johnson, Rick Pumford Vear

Dennis Julian Raczkowski Voorhees

DeRossett Kelly Reeves Wojno

DeVuyst Koetje Richardville Woodward

DeWeese Kowall Richner Woronchak

Nays--4

Bradstreet Gosselin Mortimer Vander Roest

In The Chair: Patterson

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

"An act to provide for the establishment of emergency telephone districts; to provide for the installation, operation, modification, and maintenance of universal emergency number service systems; to provide for the imposition and collection of certain charges; to provide the powers and duties of certain state agencies, local units of government, public officers, telephone service suppliers, and others; to create an emergency telephone service committee; to provide remedies; to provide penalties; and to repeal certain parts of this act on specific dates,".

The House agreed to the full title.

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

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

Second Reading of Bills

The House returned to the consideration of

Senate Bill No. 492, entitled

(The bill was considered earlier today, see today's Journal, p. 1302.)

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

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

Roll Call No. 661 Yeas--46

Baird Frank Martinez Rivet

Basham Garza Minore Schauer

Bogardus Gieleghem Neumann Schermesser

Bovin Hale O'Neil Scott

Brater Hanley Patterson Sheltrown

Brewer Hansen Pestka Spade

Callahan Jacobs Price Switalski

Cherry Jamnick Prusi Tesanovich

Clark, I. Kelly Quarles Vaughn

Clarke, H. LaForge Reeves Wojno

DeHart Lemmons Rison Woodward

Dennis Mans

Nays--59

Allen Garcia Kowall Rocca

Birkholz Geiger Kuipers Sanborn

Bisbee Gilbert Kukuk Scranton

Bishop Godchaux LaSata Shackleton

Bradstreet Gosselin Law Shulman

Brown, C. Green Lockwood Stallworth

Byl Hager Mead Stamas

Cassis Hart Middaugh Tabor

Caul Howell Mortimer Toy

Daniels Jansen Pappageorge Van Woerkom

DeRossett Jelinek Perricone Vander Roest

DeVuyst Jellema Pumford Vear

DeWeese Johnson, Rick Raczkowski Voorhees

Ehardt Julian Richardville Woronchak

Faunce Koetje Richner

In The Chair: Patterson

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

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

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

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

By unanimous consent the House returned to the order of

Third Reading of Bills

Senate Bill No. 492, 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. 662 Yeas--98

Allen Faunce Kuipers Rivet

Baird Frank Kukuk Rocca

Basham Garcia LaForge Sanborn

Birkholz Garza LaSata Schauer

Bisbee Geiger Law Schermesser

Bishop Gieleghem Lemmons Scott

Bogardus Gilbert Lockwood Scranton

Bovin Godchaux Mans Shackleton

Brater Green Martinez Sheltrown

Brewer Hager Mead Shulman

Brown, B. Hale Middaugh Spade

Brown, C. Hanley Minore Stallworth

Byl Hansen Neumann Stamas

Callahan Hart O'Neil Switalski

Cassis Howell Pappageorge Tabor

Caul Jacobs Patterson Tesanovich

Clark, I. Jamnick Pestka Thomas

Clarke, H. Jansen Price Toy

Daniels Jelinek Prusi Van Woerkom

DeHart Jellema Pumford Vaughn

Dennis Johnson, Rick Raczkowski Vear

DeRossett Julian Reeves Voorhees

DeVuyst Kelly Richardville Wojno

DeWeese Koetje Richner Woronchak

Ehardt Kowall

Nays--5

Bradstreet Mortimer Vander Roest Woodward

Gosselin

In The Chair: Patterson

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

The House agreed to the full title.

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

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

______

Rep. Woodward, 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 SB 492 because it did not adequately protect the consumers of the State of Michigan. I am a strong supporter of the E911 program, and feel that it will help improve the safety of citizens who use cell phones in our state. However, I cannot fairly represent my district and support a bill that grants immunity from all liability if a provider's service does not work the way it should, and injury on the user occurs. Cell phone using taxpayers are being asked to pay $.55 per month for a technology that is not even completely known, for a service that is less reliable than landline phones to an unregulated industry without any accountability to consumers. For these reasons, I voted NO! I still, however, strongly support the E911 program."

By unanimous consent the House returned to the order of

Reports of Standing Committees

The Committee on Criminal Law and Corrections, by Rep. Howell, Vice-Chair, reported

House Bill No. 4656, entitled

A bill to amend 1927 PA 175, entitled "The code of criminal procedure," by amending section 16d of chapter XVII (MCL 777.16d), as added by 1998 PA 317.

With the recommendation that the following amendment be adopted and that the bill then pass.

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

"Enacting section 1. This amendatory act does not take effect unless Senate Bill No. 546 of the 90th Legislature is enacted into law.

Enacting section 2. This amendatory act takes effect October 1, 1999.".

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

Favorable Roll Call

HB 4656 To Report Out:

Yeas: Reps. Faunce, Howell, Bishop, Julian, Richner, Sanborn, Shulman, O'Neil,

Nays: Reps. Baird, Jacobs.

The Committee on Criminal Law and Corrections, by Rep. Howell, Vice-Chair, reported

Senate Bill No. 546, entitled

A bill to amend 1931 PA 328, entitled "The Michigan penal code," (MCL 750.1 to 750.568) by adding section 90g.

With the recommendation that the substitute (H-1) be adopted and that the bill then pass.

The bill and substitute were referred to the order of Second Reading of Bills.

Favorable Roll Call

SB 546 To Report Out:

Yeas: Reps. Faunce, Howell, Bishop, Julian, Sanborn, O'Neil,

Nays: Reps. Baird, Jacobs.

COMMITTEE ATTENDANCE REPORT

The following report, submitted by Rep. Howell, Vice-Chair of the Committee on Criminal Law and Corrections, was received and read:

Meeting held on: Wednesday, June 2, 1999, at 8:30 a.m.,

Present: Reps. Faunce, Howell, Bishop, Julian, Richner, Sanborn, Shulman, Baird, Jacobs, O'Neil,

Absent: Rep. Callahan,

Excused: Rep. Callahan.

Messages from the Senate

House Bill No. 4182, 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 section 13 (MCL 247.663), as amended by 1997 PA 79.

The Senate has passed the bill and ordered that it be given immediate effect.

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

House Bill No. 4358, entitled

A bill to amend 1998 PA 386, entitled "Estates and protected individuals code," by amending section 5509 (MCL 700.5509).

The Senate has passed the bill 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. 4018, entitled

A bill to amend 1917 PA 138, entitled "An act to authorize the creation of county libraries; to authorize the contracting by the board of supervisors of any county for library service; to authorize the contracting by the board of supervisors of any county or the board of trustees of any regional library with any other municipality for the furnishing of such service; and to provide for a tax for the purposes of this act," by amending section 2 (MCL 397.302), as amended by 1994 PA 77.

The Senate has substituted (S-1) the bill.

The Senate has passed the bill as substituted (S-1) and ordered that it be given immediate effect.

The Speaker announced that pursuant to Rule 45, the bill was laid over one day.

House Bill No. 4168, entitled

The Senate has substituted (S-2) the bill.

The Senate has passed the bill as substituted (S-2) and ordered that it be given immediate effect.

The Speaker announced that pursuant to Rule 45, the bill was laid over one day.

House Bill No. 4605, entitled

A bill to amend 1949 PA 300, entitled "Michigan vehicle code," by amending section 676a (MCL 257.676a), as amended by 1998 PA 224.

The Senate has amended the bill as follows:

1. Amend page 3, line 8, after "DEPARTMENT." by striking out "Any" and inserting "THE STATE TRANSPORTATION DEPARTMENT MAY ENTER INTO AGREEMENTS TO ALLOW LOGO SIGNAGE, AND ANY".

2. Amend page 3, line 10, after "the" by striking out the balance of the subsection and inserting "STATE TRUNK LINE FUND ESTABLISHED UNDER SECTION 11 OF 1951 PA 51, MCL 247.661.".

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.

House Bill No. 4606, entitled

A bill to amend 1941 PA 205, entitled "An act to provide for the construction, establishment, opening, use, discontinuing, vacating, closing, altering, improvement, and maintenance of limited access highways and facilities ancillary to those highways; to permit the acquiring of property and property rights and the closing or other treatment of intersecting roads for these purposes; to provide for the borrowing of money and for the issuing of bonds or notes payable from special funds for the acquisition, construction or improvement of such highways; and to provide for the receipt and expenditure of funds generated from the facilities," by amending section 2 (MCL 252.52), as amended by 1998 PA 223.

The Senate has amended the bill as follows:

1. Amend page 4, line 26, after "DEPARTMENT." by striking out "Any" and inserting "THE STATE TRANSPORTATION DEPARTMENT MAY ENTER INTO AGREEMENTS TO ALLOW LOGO SIGNAGE, AND ANY".

2. Amend page 5, line 1, after "the" by striking out the balance of the subsection and inserting "STATE TRUNK LINE FUND ESTABLISHED UNDER SECTION 11 OF 1951 PA 51, MCL 247.661.".

The Senate has passed the bill as amended and ordered that it be given immediate effect.

The Speaker announced that pursuant to Rule 45, the bill was laid over one day.

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, Friday, May 28:

Senate Bill Nos. 612 613 614 615 616 617 618 619 620 621 622 623 624 625

Communications from State Officers

The following communication from the Calhoun Intermediate School District was received and read:

May 21, 1999

Enclosed are copies of the Program Year 1999 Job Training Plans for funding under the Job Training Partnership Act (JTPA) and Systems Plan Summary, as developed by the Workforce Development Board and Chief Elected Officials of the Barry, Branch and Calhoun Michigan Works! service delivery area.

Yours Truly,

Elaine Furu-Baker

WFD Planning Administrator

The communication was referred to the Clerk.

Introduction of Bills

Reps. Kowall, Bishop, Pappageorge, Gosselin, Bradstreet, Vear, Byl, Woronchak, Mortimer, Howell, Patterson, LaSata, Richner, VanderRoest, Spade, Wojno, Rivet, O'Neil, Frank, Prusi, Godchaux, DeHart, Schermesser, Rocca, Clarke, Garcia, Kuipers, Tabor, Ehardt, Law, Faunce, BobBrown, Price, Green, Hager, Gilbert, Sanborn, Toy, DeVuyst, LaForge, Birkholz and Lemmons introduced

House Bill No. 4748, entitled

A bill to prohibit the switching of a customer's natural gas supplier or distributor and the adding of optional services without the customer's authorization; to prescribe the powers and duties of certain state agencies and officials; and to provide penalties and other remedies.

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

Reps. Gosselin, Jelinek, Hale, RickJohnson, Ehardt, Hart, Richner, Bishop, Voorhees and Bradstreet introduced

House Bill No. 4749, entitled

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

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

Rep. LaSata introduced

House Bill No. 4750, entitled

A bill to amend 1961 PA 236, entitled "Revised judicature act of 1961," by amending section 8511 (MCL 600.8511), as amended by 1996 PA 79.

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

Reps. Law, Howell, Caul, Bisbee, VanWoerkom, DeRossett, Woronchak, Faunce, Richardville, Hager, Julian, Koetje, Toy, Shackleton, DeWeese and Green introduced

House Bill No. 4751, entitled

A bill to prohibit the payment of money or other consideration as a condition of awarding a prize under certain circumstances; to prescribe the disclosure of certain information to certain persons; to prescribe the powers and duties of certain state and local officials relating to the regulation of certain prizes and sweepstakes; and to prescribe penalties and provide remedies.

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

Reps. Cassis, Tabor, DeWeese, Gosselin, Scranton, Birkholz, Voorhees, Sanborn, Shackleton, Gilbert, Kowall, Hager, Richardville, Julian, DeRossett, Mead, Hale, Hart, Bishop, Ehardt, Toy, Jansen, DeHart and Lemmons introduced

House Bill No. 4752, entitled

A bill to amend 1998 PA 58, entitled "Michigan liquor control code of 1998," by amending section 203 (MCL 436.1203).

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

Quorum Call

Rep. Raczkowski questioned the presence of a quorum and moved that the roll be called and printed in the Journal.

The motion prevailed.

The roll was called and the Clerk announced that a quorum was present.

The following is the roll call:

Roll Call No. 663 Yeas--101

Allen Faunce Kuipers Rison

Baird Frank Kukuk Rivet

Basham Garcia LaForge Rocca

Birkholz Garza LaSata Sanborn

Bisbee Gieleghem Law Schauer

Bishop Gilbert Lemmons Schermesser

Bogardus Godchaux Lockwood Scott

Bovin Gosselin Mans Scranton

Bradstreet Green Martinez Shackleton

Brater Hager Mead Sheltrown

Brown, B. Hale Middaugh Shulman

Brown, C. Hanley Mortimer Spade

Byl Hansen Neumann Stallworth

Callahan Hart O'Neil Stamas

Cassis Howell Pappageorge Switalski

Caul Jacobs Patterson Thomas

Cherry Jamnick Perricone Toy

Clark, I. Jansen Pestka Van Woerkom

Clarke, H. Jelinek Price Vander Roest

Daniels Jellema Prusi Vaughn

DeHart Johnson, Rick Pumford Vear

Dennis Julian Quarles Voorhees

DeRossett Kelly Raczkowski Wojno

DeVuyst Koetje Richardville Woodward

DeWeese Kowall Richner Woronchak

Ehardt

In The Chair: Patterson

By unanimous consent the House returned to the order of

Messages from the Senate

The Speaker laid before the House

House Bill No. 4300, entitled

A bill to make appropriations for the department of corrections and certain state purposes related to corrections for the fiscal year ending September 30, 2000; to provide for the expenditure of the appropriations; to provide for reports; to provide for the creation of certain advisory committees and boards; to prescribe certain powers and duties of the department of corrections, certain other state officers and agencies, and certain advisory committees and boards; to provide for the collection of certain funds; and to provide for the disposition of fees and other income received by certain state agencies.

(The bill was received from the Senate on May 27, with substitute (S-1), title amendment and immediate effect given by the Senate, consideration of which, under the rules, was postponed until today, see House Journal No. 49, p. 1168.)

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

Reps. Baird and Martinez moved to amend the Senate substitute (S-1) as follows:

1. Amend page 52, line 13, after "806." by striking out "(1)".

2. Amend page 52, following line 20, by striking out all of subsections (2) and (3).

3. Amend page 64, following line 10, by striking out all of section 1502.

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

Reps. LaSata and Prusi moved to amend the bill as follows:

1. Amend page 4, line 22, by striking out all of lines 22 and 23 and adjusting the subtotals, totals, and section 201 accordingly.

2. Amend page 38, line 19, by striking out all of section 228.

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

______

Rep. Julian moved that Rep. Tabor be excused temporarily from today's session.

The motion prevailed.

Rep. LaSata moved to amend the bill as follows:

1. Amend page 32, line 8, by striking out all of section 213 and inserting:

"Sec. 213. (1) The department shall submit to the department of management and budget, the house and senate appropriations committees, the house and senate fiscal agencies, and the house and senate standing committees having jurisdiction over technology issues, quarterly reports on the department's efforts to change the department's computer software and hardware as necessary to perform properly in the year 2000 and beyond. These reports shall identify actual progress in comparison to the department's approved work plan for these efforts.

(2) Beginning with the report on April 1, 2000, the department shall submit to the department of management and budget, the senate and house appropriations committees, the senate and house fiscal agencies, and the senate and house standing committees having jurisdiction over technology issues, quarterly reports identifying for the immediately preceding quarter of significant problems with information systems, occurrences of information system failure as a result of noncompliance with year 2000 standards, and previously unidentified areas of significant impact. These reports shall identify systems needing corrective action and the contractual obligations of accountable parties. These reports shall give the status of the progress made in repairing and testing applications, the status of vendor supplied solutions to problems, information on the activation of manual or contract processes used to correct problems, and an itemization of the additional costs incurred.

(3) The department may present progress billings to the department of management and budget for the costs incurred in changing computer software and hardware as necessary to perform properly in the year 2000 and beyond, and for costs incurred as a result of initiating corrective actions. At the time progress billings are presented for reimbursement, the department shall identify the funding sources that should support the work performed, and the department of management and budget shall forward the appropriate funding.".

2. Amend page 37, line 14, by striking out all of sections 226 and 227.

3. Amend page 41, line 22, by striking out all of section 308 and inserting:

"Sec. 308. The departments and agencies receiving appropriations under this act shall receive and retain copies of all reports funded from appropriations in part 1. Federal and state guidelines for short-term and long-term retention of records shall be followed.".

4. Amend page 42, line 3, by striking out all of section 310 and inserting:

"Sec. 310. The department shall provide a report prepared by the department's internal auditor on the activities of the internal auditor for the prior fiscal year. This report shall include a listing of each audit or investigation performed by the internal auditor pursuant to sections 486(4) and 487 of the management and budget act, 1984 PA 431, MCL 18.1486 and 18.1487. The report shall identify the proportion of time spent on each of the statutory responsibilities listed in sections 485(4), 486(4), and 487 of the management and budget act, 1984 PA 431, MCL 18.1485, 18.1486, and 18.1487, and the time spent on all other activities performed in the internal audit function. The first report shall be due on March 1, 2000 and biennially thereafter beginning on May 1, 2001 and shall be submitted to the governor, auditor general, the senate and house appropriations committees, the senate and house fiscal agencies, and the director.".

5. Amend page 42, line 17, by striking out all of section 311 and inserting:

"Sec. 311. The department shall pilot the placement of reports required by this act on the Internet with electronic notification to legislative offices of Internet access to reports. During fiscal year 2000, all reports shall continue to be distributed to the legislature in the current printed format.".

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

The question being on concurring in the Senate substitute (S-1), as amended,

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

Roll Call No. 664 Yeas--98

Allen Faunce Kuipers Rison

Baird Frank Kukuk Rivet

Basham Garcia LaSata Rocca

Birkholz Garza Law Sanborn

Bisbee Geiger Lemmons Schauer

Bishop Gieleghem Lockwood Schermesser

Bogardus Gilbert Mans Scott

Bovin Godchaux Mead Scranton

Bradstreet Green Middaugh Shackleton

Brewer Hager Mortimer Shulman

Brown, B. Hale Neumann Spade

Brown, C. Hanley O'Neil Stallworth

Byl Hansen Pappageorge Stamas

Callahan Hart Patterson Switalski

Cassis Howell Perricone Tesanovich

Caul Jacobs Pestka Toy

Cherry Jamnick Price Van Woerkom

Clark, I. Jansen Prusi Vander Roest

Clarke, H. Jelinek Pumford Vaughn

Daniels Jellema Quarles Vear

DeHart Johnson, Rick Raczkowski Voorhees

DeRossett Julian Reeves Wojno

DeVuyst Kelly Richardville Woodward

DeWeese Koetje Richner Woronchak

Ehardt Kowall

Nays--7

Brater LaForge Minore Thomas

Gosselin Martinez Sheltrown

In The Chair: Patterson

The House agreed to the title as amended.

Second Reading of Bills

House Bill No. 4745, entitled

Was read a second time, and the question being on the adoption of the proposed substitute (H-3) previously recommended by the Committee on Tax Policy,

The substitute (H-3) was adopted, a majority of the members serving voting therefor.

Rep. Cassis moved to amend the bill as follows:

1. Amend page 21, following line 13, by inserting:

"Sec. 45a. (1) ~~Except as provided in subsection (2) and for~~ FOR tax years beginning after December 31, 1998, all of the tax base, other than the tax base derived principally from transportation, financial, or insurance carrier services or specifically allocated, shall be apportioned to this state by multiplying the tax base by a percentage, which is the sum of all of the following percentages:

(a) The property factor multiplied by 5%.

(b) The payroll factor multiplied by 5%.

(2) For tax years beginning after December 31, 1998 if section 23(e) is not in effect, all of the tax base, other than the tax base derived principally from transportation, financial, or insurance carrier services or specifically allocated, shall be apportioned to this state by multiplying the tax base by a percentage, which is the sum of all of the following percentages:

~~(a) The property factor multiplied by 15%.~~

~~(b) The payroll factor multiplied by 15%.~~

~~(c) The sales factor multiplied by 70%.~~

(2) ~~(3)~~ For purposes of this section, a taxpayer that has a 52- or 53-week tax year beginning not more than 7 days before December 31 of any year is considered to have a tax year beginning after December 31 of that year.".

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

Rep. Neumann moved to substitute (H-9) the bill.

The question being on the adoption of the substitute (H-9) offered by Rep. Neumann,

Rep. Neumann demanded the yeas and nays.

The demand was supported.

The question being on the adoption of the substitute (H-9) offered by Rep. Neumann,

The substitute (H-9) was not adopted, a majority of the members serving not voting therefor, by yeas and nays, as follows:

Roll Call No. 665 Yeas--51

Baird Dennis Mans Schermesser

Basham Frank Martinez Scott

Bogardus Garza Minore Shackleton

Bovin Gieleghem Neumann Sheltrown

Brater Hale O'Neil Spade

Brewer Hanley Pestka Stallworth

Brown, B. Hansen Price Switalski

Callahan Jacobs Prusi Tesanovich

Cherry Jamnick Quarles Thomas

Clark, I. Kelly Reeves Vaughn

Clarke, H. LaForge Rison Wojno

Daniels Lemmons Rivet Woodward

DeHart Lockwood Schauer

Nays--56

Allen Garcia Koetje Richardville

Birkholz Geiger Kowall Richner

Bisbee Gilbert Kuipers Rocca

Bishop Godchaux Kukuk Sanborn

Bradstreet Gosselin LaSata Scranton

Brown, C. Green Law Shulman

Byl Hager Mead Stamas

Cassis Hart Middaugh Tabor

Caul Howell Mortimer Toy

DeRossett Jansen Pappageorge Van Woerkom

DeVuyst Jelinek Patterson Vander Roest

DeWeese Jellema Perricone Vear

Ehardt Johnson, Rick Pumford Voorhees

Faunce Julian Raczkowski Woronchak

In The Chair: Patterson

Rep. Pestka moved to amend the bill as follows:

1. Amend page 28, following line 21, by inserting:

"(c) House Bill No. 4657.".

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

Rep. Pestka demanded the yeas and nays.

The demand was supported.

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

After debate,

Rep. Frank demanded the previous question.

The demand was supported.

The question being, "Shall the main question now be put?"

The previous question was ordered.

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

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

Roll Call No. 666 Yeas--50

Baird Dennis Mans Schauer

Basham Frank Martinez Schermesser

Bogardus Garza Minore Scott

Bovin Gieleghem Neumann Sheltrown

Brater Hale O'Neil Spade

Brewer Hanley Pestka Stallworth

Brown, B. Hansen Price Switalski

Callahan Jacobs Prusi Tesanovich

Cherry Jamnick Quarles Thomas

Clark, I. Kelly Reeves Vaughn

Clarke, H. LaForge Rison Wojno

Daniels Lemmons Rivet Woodward

DeHart Lockwood

Nays--57

Allen Geiger Kowall Richner

Birkholz Gilbert Kuipers Rocca

Bisbee Godchaux Kukuk Sanborn

Bishop Gosselin LaSata Scranton

Bradstreet Green Law Shackleton

Brown, C. Hager Mead Shulman

Byl Hart Middaugh Stamas

Cassis Howell Mortimer Tabor

Caul Jansen Pappageorge Toy

DeRossett Jelinek Patterson Van Woerkom

DeVuyst Jellema Perricone Vander Roest

DeWeese Johnson, Rick Pumford Vear

Ehardt Julian Raczkowski Voorhees

Faunce Koetje Richardville Woronchak

Garcia

In The Chair: Patterson

Rep. Price moved to amend the bill as follows:

1. Amend page 21, following line 13, by inserting:

"SEC. 39D. (1) FOR TAX YEARS THAT BEGIN AFTER DECEMBER 31, 1999, A TAXPAYER MAY CLAIM A CREDIT AGAINST THE TAX IMPOSED BY THIS ACT EQUAL TO 10% OF THE PAYMENTS FOR THE CARE OF THE DEPENDENTS OF THE TAXPAYER'S EMPLOYEES MADE BY THE TAXPAYER DURING THE TAX YEAR TO A QUALIFIED PROVIDER.

(2) IF THE AMOUNT OF THE CREDIT ALLOWED UNDER THIS SECTION EXCEEDS THE TAX LIABILITY OF THE TAXPAYER FOR THE TAX YEAR, THAT PORTION OF THE CREDIT THAT EXCEEDS THE TAX LIABILITY SHALL BE REFUNDED.

(3) THE MAXIMUM AMOUNT OF ALL CREDITS ALLOWED UNDER THIS SECTION FOR THE TAX YEAR SHALL NOT EXCEED $100,000,000.00. THE DEPARTMENT SHALL REDUCE EACH CREDIT UNDER THIS SECTION BY THE PERCENTAGE NECESSARY TO LIMIT THE TOTAL CREDITS TO THE MAXIMUM PROVIDED BY THIS SUBSECTION.

(4) AS USED IN THIS SECTION:

(A) "DEPENDENT" MEANS EITHER OF THE FOLLOWING:

(i) A CHILD WHO LIVES WITH THE TAXPAYER'S EMPLOYEE AND WHO IS LESS THAN 13 YEARS OF AGE.

(ii) AN INDIVIDUAL WHO LIVES WITH THE TAXPAYER'S EMPLOYEE AND WHO IS EITHER OF THE FOLLOWING:

(A) THIRTEEN YEARS OF AGE OR OLDER AND HAS A DISABILITY.

(B) SIXTY-FIVE YEARS OF AGE OR OLDER AND IN NEED OF CARE AND SUPERVISION.

(B) "DISABILITY" MEANS DEVELOPMENTAL DISABILITY AS THAT TERM IS DEFINED IN SECTION 100A OF THE MENTAL HEALTH CODE, 1974 PA 258, MCL 330.1100A.

(i) A CHILD CARE CENTER, DAY CARE CENTER, OR FAMILY DAY CARE PROVIDER THAT IS LICENSED OR REGISTERED UNDER 1973 PA 116, MCL 722.111 TO 722.128.

(ii) ANY OTHER PROVIDER THAT OFFERS CARE AND SERVICES TO A PERSON WITH A DEVELOPMENTAL DISABILITY THAT ARE RELATED TO THE NEEDS OF THE PERSON BASED ON HIS OR HER DISABILITY.

(iii) ANY OTHER PROVIDER THAT OFFERS CARE AND SERVICES TO A PERSON DESCRIBED IN SUBDIVISION (A)(ii)(B) THAT ARE RELATED TO THAT PERSON'S NEED OF CARE AND SUPERVISION.".

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

Rep. Price demanded the yeas and nays.

The demand was supported.

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

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

Roll Call No. 667 Yeas--50

Baird Dennis Mans Schauer

Basham Frank Martinez Schermesser

Bogardus Garza Minore Scott

Bovin Gieleghem Neumann Sheltrown

Brater Hale O'Neil Spade

Brewer Hanley Pestka Stallworth

Brown, B. Hansen Price Switalski

Callahan Jacobs Prusi Tesanovich

Cherry Jamnick Quarles Thomas

Clark, I. Kelly Reeves Vaughn

Clarke, H. LaForge Rison Wojno

Daniels Lemmons Rivet Woodward

DeHart Lockwood

Nays--57

Allen Geiger Kowall Richner

Birkholz Gilbert Kuipers Rocca

Bisbee Godchaux Kukuk Sanborn

Bishop Gosselin LaSata Scranton

Bradstreet Green Law Shackleton

Brown, C. Hager Mead Shulman

Byl Hart Middaugh Stamas

Cassis Howell Mortimer Tabor

Caul Jansen Pappageorge Toy

DeRossett Jelinek Patterson Van Woerkom

DeVuyst Jellema Perricone Vander Roest

DeWeese Johnson, Rick Pumford Vear

Ehardt Julian Raczkowski Voorhees

Faunce Koetje Richardville Woronchak

Garcia

In The Chair: Patterson

Rep. Switalski moved to amend the bill as follows:

1. Amend page 18, line 1, after "THAN" by striking out "$250,000,000.00" and inserting "$500,000,000.00".

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

Rep. Switalski demanded the yeas and nays.

The demand was supported.

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

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

Roll Call No. 668 Yeas--50

Baird Dennis Martinez Schermesser

Basham Frank Minore Scott

Bogardus Garza Neumann Sheltrown

Bovin Gieleghem O'Neil Spade

Brater Hale Pestka Stallworth

Brewer Hanley Price Switalski

Brown, B. Hansen Prusi Tesanovich

Callahan Jacobs Quarles Thomas

Cherry Jamnick Reeves Vaughn

Clark, I. Kelly Rison Wojno

Clarke, H. Lemmons Rivet Woodward

Daniels Lockwood Schauer Woronchak

DeHart Mans

Nays--55

Allen Garcia Koetje Richner

Birkholz Geiger Kowall Rocca

Bisbee Gilbert Kuipers Sanborn

Bishop Godchaux Kukuk Scranton

Bradstreet Gosselin LaSata Shackleton

Brown, C. Green Law Shulman

Byl Hager Mead Stamas

Cassis Hart Middaugh Tabor

Caul Howell Mortimer Toy

DeRossett Jansen Pappageorge Van Woerkom

DeVuyst Jelinek Patterson Vander Roest

DeWeese Jellema Pumford Vear

Ehardt Johnson, Rick Raczkowski Voorhees

Faunce Julian Richardville

In The Chair: Patterson

Rep. Bogardus moved to amend the bill as follows:

1. Amend page 18, following line 9, by inserting:

"(7) THE GOVERNOR SHALL APPOINT A 10-MEMBER BIPARTISAN COMMISSION TO PREPARE A REPORT TO BE SUBMITTED TO A JOINT MEETING OF THE HOUSE TAX POLICY COMMITTEE AND THE SENATE FINANCE COMMITTEE NOT LATER THAN DECEMBER 15, 1999 TO SUGGEST ALTERNATIVE TAXES TO THE TAX IMPOSED UNDER THIS ACT. THE BIPARTISAN COMMISSION SHALL CONSIST OF THE FOLLOWING MEMBERS:

(A) TWO MEMBERS FROM THE MAJORITY PARTY OF THE HOUSE OF REPRESENTATIVES.

(B) TWO MEMBERS FROM THE MINORITY PARTY OF THE HOUSE OF REPRESENTATIVES.

(D) TWO MEMBERS FROM THE MINORITY PARTY OF THE SENATE.

(E) TWO MEMBERS APPOINTED BY THE GOVERNOR.".

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

Rep. Quarles moved to amend the bill as follows:

1. Amend page 21, following line 13, by inserting:

"SEC. 39D. (1) FOR TAX YEARS BEGINNING AFTER DECEMBER 31, 1998, A TAXPAYER MAY CLAIM A CREDIT AGAINST THE TAX IMPOSED UNDER THIS ACT FOR QUALIFIED RESEARCH AND DEVELOPMENT EXPENSES AS DETERMINED IN THIS SECTION.

(2) EXCEPT AS PROVIDED IN SUBSECTION (3), THE CREDIT ALLOWED UNDER THIS SECTION IS EQUAL TO 5% OF THE AMOUNT DETERMINED BY SUBTRACTING THE BASE YEAR QUALIFIED RESEARCH AND DEVELOPMENT PERCENTAGE FROM THE CREDIT YEAR QUALIFIED RESEARCH AND DEVELOPMENT PERCENTAGE AND THEN MULTIPLYING THE RESULTING PERCENTAGE IF THAT PERCENTAGE IS GREATER THAN ZERO BY THE CREDIT YEAR QUALIFIED RESEARCH AND DEVELOPMENT EXPENSES.

(3) FOR TAXPAYERS THAT HAVE NOT CLAIMED A CREDIT UNDER SECTION 41 OF THE INTERNAL REVENUE CODE FOR ALL OF THE 5 YEARS IMMEDIATELY PRECEDING THE TAX YEAR IN WHICH A TAXPAYER FIRST CLAIMS A CREDIT UNDER THIS SECTION, THE CREDIT SHALL BE DETERMINED AS FOLLOWS:

(A) FOR THE FIRST YEAR THAT A TAXPAYER CLAIMS A CREDIT UNDER THIS SECTION, THE CREDIT EQUALS 10% OF THE CREDIT YEAR QUALIFIED RESEARCH AND DEVELOPMENT EXPENSES OF THE TAXPAYER.

(B) FOR THE SECOND YEAR THAT A TAXPAYER CLAIMS A CREDIT UNDER THIS SECTION, THE CREDIT EQUALS 11% OF THE CREDIT YEAR QUALIFIED RESEARCH AND DEVELOPMENT EXPENSES OF THE TAXPAYER.

(C) FOR THE THIRD YEAR THAT A TAXPAYER CLAIMS A CREDIT UNDER THIS SECTION, THE CREDIT EQUALS 12% OF THE CREDIT YEAR QUALIFIED RESEARCH AND DEVELOPMENT EXPENSES OF THE TAXPAYER.

(D) FOR THE FOURTH YEAR THAT A TAXPAYER CLAIMS A CREDIT UNDER THIS SECTION, THAT CREDIT SHALL BE DETERMINED USING THE FORMULA UNDER SUBSECTION (2) EXCEPT THAT THE BASE YEAR QUALIFIED RESEARCH AND DEVELOPMENT PERCENTAGE AND THE BASE YEAR QUALIFIED RESEARCH AND DEVELOPMENT EXPENSES SHALL BE DETERMINED USING THE 3 YEARS IMMEDIATELY PRECEDING THE CREDIT YEAR.

(E) FOR THE FIFTH YEAR THAT A TAXPAYER CLAIMS A CREDIT UNDER THIS SECTION, THAT CREDIT SHALL BE DETERMINED USING THE FORMULA UNDER SUBSECTION (2) EXCEPT THAT THE BASE YEAR QUALIFIED RESEARCH AND DEVELOPMENT PERCENTAGE AND THE BASE YEAR QUALIFIED RESEARCH AND DEVELOPMENT EXPENSES SHALL BE DETERMINED USING THE 4 YEARS IMMEDIATELY PRECEDING THE CREDIT YEAR.

(4) FOR TAXPAYERS THAT CLAIMED A CREDIT UNDER SECTION 41 OF THE INTERNAL REVENUE CODE FOR 1 OR MORE OF THE 5 YEARS IMMEDIATELY PRECEDING THE FIRST YEAR IN WHICH THE TAXPAYER CLAIMS A CREDIT UNDER THIS SECTION, THE CREDIT SHALL BE DETERMINED AS IF THE YEARS FOR WHICH THE FEDERAL CREDIT WAS CLAIMED WERE YEARS FOR WHICH A CREDIT WAS CLAIMED UNDER THIS SECTION.

(5) IF THE CREDIT ALLOWED UNDER THIS SECTION FOR THE TAX YEAR AND ANY UNUSED CARRYFORWARD OF THE CREDIT ALLOWED BY THIS SECTION EXCEED THE TAXPAYER'S TAX LIABILITY FOR THE TAX YEAR, THAT PORTION THAT EXCEEDS THE TAX LIABILITY FOR THE TAX YEAR SHALL NOT BE REFUNDED BUT MAY BE CARRIED FORWARD TO OFFSET TAX LIABILITY IN SUBSEQUENT TAX YEARS FOR 10 YEARS OR UNTIL USED UP, WHICHEVER OCCURS FIRST.

(6) AS USED IN THIS SECTION:

(A) "BASE YEAR QUALIFIED RESEARCH AND DEVELOPMENT EXPENSES" MEANS THE EXPENSES FOR QUALIFIED RESEARCH AND DEVELOPMENT OF THE TAXPAYER FOR THE 5 YEARS IMMEDIATELY PRECEDING THE CREDIT YEAR DIVIDED BY 5.

(B) "BASE YEAR QUALIFIED RESEARCH AND DEVELOPMENT PERCENTAGE" MEANS THE EXPENSES FOR QUALIFIED RESEARCH AND DEVELOPMENT OF THE TAXPAYER FOR THE 5 YEARS IMMEDIATELY PRECEDING THE CREDIT YEAR DIVIDED BY THE GROSS RECEIPTS OF THE TAXPAYER FOR THAT SAME PERIOD.

(D) "CREDIT YEAR QUALIFIED RESEARCH AND DEVELOPMENT EXPENSES" MEANS THE EXPENSES FOR QUALIFIED RESEARCH AND DEVELOPMENT OF THE TAXPAYER FOR THE YEAR IN WHICH A CREDIT IS CLAIMED.

(E) "CREDIT YEAR QUALIFIED RESEARCH AND DEVELOPMENT PERCENTAGE" MEANS THE EXPENSES FOR QUALIFIED RESEARCH AND DEVELOPMENT OF THE TAXPAYER FOR THE YEAR IN WHICH A CREDIT IS CLAIMED DIVIDED BY THE GROSS RECEIPTS OF THE TAXPAYER FOR THE SAME YEAR.

(F) "QUALIFIED RESEARCH AND DEVELOPMENT" MEANS QUALIFIED RESEARCH AS DEFINED IN SECTION 41(d) OF THE INTERNAL REVENUE CODE AS THAT SECTION PROVIDED BEFORE JUNE 30, 1998.

(G) "QUALIFIED RESEARCH AND DEVELOPMENT EXPENSES" MEANS QUALIFIED RESEARCH EXPENSES AS DEFINED IN SECTION 41(b) OF THE INTERNAL REVENUE CODE AS THAT SECTION PROVIDED BEFORE JUNE 30, 1998.".

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

Rep. Quarles demanded the yeas and nays.

The demand was supported.

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

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

Roll Call No. 669 Yeas--49

Baird Dennis Mans Schauer

Basham Frank Martinez Schermesser

Bogardus Garza Minore Scott

Bovin Gieleghem Neumann Sheltrown

Brater Hale O'Neil Spade

Brewer Hanley Pestka Stallworth

Brown, B. Hansen Price Switalski

Callahan Jacobs Prusi Tesanovich

Cherry Jamnick Quarles Thomas

Clark, I. Kelly Reeves Vaughn

Clarke, H. Lemmons Rison Wojno

Daniels Lockwood Rivet Woodward

DeHart

Nays--57

Allen Geiger Kuipers Richner

Birkholz Gilbert Kukuk Rocca

Bisbee Gosselin LaForge Sanborn

Bishop Green LaSata Scranton

Bradstreet Hager Law Shackleton

Brown, C. Hart Mead Shulman

Byl Howell Middaugh Stamas

Cassis Jansen Mortimer Tabor

Caul Jelinek Pappageorge Toy

DeRossett Jellema Patterson Van Woerkom

DeVuyst Johnson, Rick Perricone Vander Roest

DeWeese Julian Pumford Vear

Ehardt Koetje Raczkowski Voorhees

Faunce Kowall Richardville Woronchak

Garcia

In The Chair: Patterson

Rep. Rivet moved to amend the bill as follows:

1. Amend page 18, line 1, after "$250,000,000.00" by inserting a comma and "AS ADJUSTED UNDER SUBSECTION (7),".

2. Amend page 18, following line 9, by inserting:

"(7) THE ENDING BALANCE IN THE COUNTERCYCLICAL BUDGET AND ECONOMIC STABILIZATION FUND CREATED UNDER SECTION 351 OF THE MANAGEMENT AND BUDGET ACT, 1984 PA 431, MCL 18.1351, AND REFERRED TO IN SUBSECTION (5) SHALL BE ADJUSTED BY THE PERCENTAGE INCREASE IN THE UNITED STATES CONSUMER PRICE INDEX FOR THE IMMEDIATELY PRECEDING CALENDAR YEAR.".

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

Rep. Rivet demanded the yeas and nays.

The demand was supported.

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

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

Roll Call No. 670 Yeas--49

Basham Frank Mans Schauer

Bogardus Garza Martinez Schermesser

Bovin Gieleghem Minore Scott

Brater Hale Neumann Sheltrown

Brewer Hanley O'Neil Spade

Brown, B. Hansen Pestka Stallworth

Callahan Jacobs Price Switalski

Cherry Jamnick Prusi Tesanovich

Clark, I. Kelly Quarles Thomas

Clarke, H. LaForge Reeves Vaughn

Daniels Lemmons Rison Wojno

DeHart Lockwood Rivet Woodward

Dennis

Nays--56

Allen Garcia Koetje Richner

Birkholz Geiger Kowall Rocca

Bisbee Gilbert Kuipers Sanborn

Bishop Godchaux Kukuk Scranton

Bradstreet Gosselin LaSata Shackleton

Brown, C. Green Law Shulman

Byl Hager Mead Stamas

Cassis Hart Middaugh Tabor

Caul Howell Mortimer Toy

DeRossett Jansen Pappageorge Van Woerkom

DeVuyst Jelinek Patterson Vander Roest

DeWeese Jellema Pumford Vear

Ehardt Johnson, Rick Raczkowski Voorhees

Faunce Julian Richardville Woronchak

In The Chair: Patterson

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

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

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

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

______

Associate Speaker Pro Tempore Scranton resumed the Chair.

By unanimous consent the House returned to the order of

Third Reading of Bills

House Bill No. 4745, 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. 671 Yeas--61

Allen Geiger Kuipers Rocca

Birkholz Gilbert Kukuk Sanborn

Bisbee Godchaux LaSata Scranton

Bishop Gosselin Law Shackleton

Bradstreet Green Mead Sheltrown

Brown, C. Hager Middaugh Shulman

Byl Hart Mortimer Spade

Cassis Howell Pappageorge Stamas

Caul Jansen Patterson Tabor

DeRossett Jelinek Perricone Toy

DeVuyst Jellema Pestka Van Woerkom

DeWeese Johnson, Rick Pumford Vander Roest

Ehardt Julian Raczkowski Vear

Faunce Koetje Richardville Voorhees

Frank Kowall Richner Woronchak

Garcia

Nays--45

Baird Dennis Lockwood Rivet

Basham Garza Mans Schauer

Bogardus Gieleghem Martinez Schermesser

Brater Hale Minore Scott

Brewer Hanley Neumann Stallworth

Brown, B. Hansen O'Neil Switalski

Callahan Jacobs Price Tesanovich

Cherry Jamnick Prusi Thomas

Clark, I. Kelly Quarles Vaughn

Clarke, H. LaForge Reeves Wojno

Daniels Lemmons Rison Woodward

DeHart

In The Chair: Scranton

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

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

A bill to amend 1975 PA 228, entitled "Single business tax act," by amending sections 3, 4, 5, 23, 23b, 31, 45a, 49, 71, 77, and 78 (MCL 208.3, 208.4, 208.5, 208.23, 208.23b, 208.31, 208.45a, 208.49, 208.71, 208.77, and 208.78), section 4 as amended by 1995 PA 285, section 5 as amended by 1987 PA 253, sections 23 and 23b as amended by 1998 PA 504, section 31 as amended by 1994 PA 247, section 45a as added by 1995 PA 282, and section 71 as amended by 1984 PA 281, and by adding sections 19, 35a, and 54; and to repeal acts and parts of acts.

The motion prevailed.

The House agreed to the title as amended.

Reps. Allen, Birkholz, Bisbee, Bishop, Bradstreet, Cameron Brown, Caul, DeRossett, DeVuyst, DeWeese, Ehardt, Faunce, Garcia, Gilbert, Gosselin, Hager, Hart, Howell, Jansen, Jelinek, Jellema, Rick Johnson, Julian, Koetje, Kowall, Kuipers, Kukuk, LaSata, Law, Mead, Middaugh, Mortimer, Pappageorge, Patterson, Pumford, Raczkowski, Richner, Rocca, Sanborn, Scranton, Shackleton, Shulman, Stamas, Tabor, Toy, Van Woerkom, Vander Roest, Vear, Voorhees and Woronchak were named co-sponsors of the bill.

______

Reps. Scott, Jacobs, Hansen, Wojno, Lemmons, Basham, Vaughn, O'Neil, Hanley, Quarles, Gieleghem, Minore, Daniels, Clarke and Woodward, 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 final passage of House Bill 4745 (H-3) because this legislation will eliminate taxes for the largest, wealthiest corporations in Michigan and shift the entire burden of funding state government onto the backs of families and individual taxpayers. This is wrong for my constituents and bad public policy for the State of Michigan.

The Single Business Tax (SBT) generates nearly $3 billion in state revenue annually--about one-third of the general fund. Yet, a source has not been identified to compensate for this lost revenue once the SBT has been eliminated. This is irresponsible. It will lead to a much greater tax burden on individuals and families, who will be forced to pick up the load for public services as big business gets off without paying their fair share.

About 75 percent of current SBT collections are generated by about 5 percent of Michigan businesses. These giant, wealthy corporations will be the true beneficiaries of eliminating the SBT. In fact, most Michigan businesses do not pay SBT. That's why I tried tonight to lower the tax burden on smaller enterprises which are being left behind by HB 4745 (H-3). During the debate, I supported a substitute bill which would have expanded the number of small businesses which are exempt from paying any SBT; which would have exempted employer-provided health care from SBT calculations; which would have exempted businesses earning as much as $1 million from SBT if they provide health care for employees. This substitute was defeated by a majority party more concerned about politics than good public policy.

I supported the substitute because I agree that the current SBT is burdensome to business, and I am willing to look at responsible means of reducing that burden. That is why I also voted for an amendment that would have established a bipartisan commission to suggest alternative replacement revenue to ensure that this bill is not a long-term budget buster.

Finally, I voted no because Michigan's families and individual taxpayers deserve their fair share of tax relief from the state budget surplus. The surplus is estimated to be $425 million in 1999. Yet, HB 4745 (H-3) gives these taxpayers nothing, and gives big business everything. This is blatantly unfair to the constituents I represent."

Rep. Garza, 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 vote no on House bill 4745 H3 because Michigan families and individual taxpayers deserve their fair share of tax relief from the state budget surplus. The surplus is estimated to be $425 million in 1999 yet 4745(H3) gives these taxpayers nothing and gives big businesses everything. This is unfair to the constituents I represent."

Rep. Irma Clark, 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 HB 4745(H-3) because it did nothing to assist small business. This bill will shift the entire burden of funding state government from wealthy corporations to the backs of families and individuals. This is bad public policy and irresponsible. I supported a proposal to return the $425 million surplus back to taxpayers in the form of a rebate of $50.00 per person. We owe it to our constituents to "Give the Money Back."

Rep. Rivet, 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 final passage of House Bill 4745 because it did not significantly address the real needs of tax fairness of the business community. First, the process was unacceptable. The bill did not receive a fair hearing in committee. The package was delivered to members in their final form within three hours of the vote. I did not have an appropriate opportunity to study it. Many individuals I spoke to said it would actually hurt many companies in the state for the next several years. There was not any ability to delay action on this bill. The 23 year phase out, without attention to the health care add-back does not address the major concerns with the single business tax. Although I support changes to the single business tax, the content and process of this bill were unacceptable."

Rep. Schauer, 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:

House Bill 4745, substitute H-3 was hastily prepared, rushed through the Tax Policy Committee in unprecedented fashion and, the same day, taken up for passage behalf the House of Representatives. The intent of this bill is to reduce the tax burden on Michigan businesses, which I applaud.

There are many problems, however, with HB 4745 (H-3). I voted no on final passage of this bill because it will eliminate taxes for only 35% of Michigan businesses--Michigan's largest corporations--while leaving 65% of our businesses without tax relief. This is wrong for my constituents and bad public policy.

The Single Business Tax (SBT) generates $2.7 million annually in state revenue--about one-third of the general fund. The SBT elimination will invariably represent a tax shift to individuals and families in our state.

Since most Michigan businesses don't pay the SBT, tonight I tried to lower the tax burden on smaller enterprises which are left behind by HB 4745 (H-3). I supported a substitute bill which would have expanded the number of small businesses exempt from paying the SBT; which would have exempted employer-provided health care (the "health care add-back"); and which would have exempted businesses earning as much as $1 million from SBT if they provide health care for employees. I also supported the creation of a bi-partisan commission to explore alternatives to the SBT, rather than a drawn-out, 23-year phase-out.

We can do better, and Michigan families, workers, and businesses--large and small--deserve better, fairer tax relief."

Rep. Bogardus, 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 4745 because it is not really a tax cut. It is a tax shift. Business will not pay a fair share of taxes and individual tax payers will have to bear the burden of paying for necessary state services. The single business tax was passed to simplify the Michigan business tax system and provide a constant revenue stream for the state through good or bad economic times. I proposed an amendment to set up a bipartisan commission to bring forth a responsible alternative for the single business tax. That amendment was rejected. This legislature has a responsibility to provide a services needed and demanded by our constituents. To eliminate a large portion of the revenue which pays for those services and shift the cost onto the shoulders of individual tax payers is irresponsible and bad public policy."

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

"Mr. Speaker and members of the House:

I'm voting no for several reasons

1. Committee process was less than respectful; giving members at least one inch of papers to read this morning relating to 3 bills not even on the meeting notice. Today was the second time in this Committee that it was suggested I should be prepared to vote because an issue had been covered by the news media.

2. Checking with constituents in my District 17 was learned that they don't consider this an elimination, but political puffery extending almost a quarter of a century. I would be much more preferred to reduce for a lesser period of time, remove health care add-back, change the "Cliff" which determines when an amount is due and/or change the cumbersome and expensive form.

3. Earlier today we passed legislation providing for more Renaissance Zones which provides for exemption of the Single Business Tax which creates a difference in payments within a community.

4. Treasurer Murray earlier today made 2 statements to the Tax Policy Committee.

A) A budget stabilization balance of $250,000,000 will fund our state government for 4 days (depending on your business, it is suggested a fund balance should equal a 30, 60, or 90 day equivalent of operating cash needs)

B) There are 250,000 businesses in Michigan. 160,000 will actually complete the Single Business Tax form, but only 90,000 will have to pay the tax.

5. This is a loss of revenue not only for the state, but also our local governments."

Rep. Callahan, 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:

This eliminates 1/3 of the gen. fund with no proposed replacement.

Only benefits 35% of all businesses.

Is flawed by the cliff effect. ($250,001.00) threshold.

It retains the health care "add-back".

It increases taxes by $138 m. to solve the Michigan Bell "First Use Fix" settlement."

Rep. DeHart, 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 the elimination of the SBT for several reasons. First of all, we are making decisions for the next 12 legislative sessions. My job is not to tell future legislators that they have to worry about a budget deficit. Also, 65% of Michigan's businesses will not see any impact on the diminishment of their taxes with the passage of this legislation. If we give this "corporate welfare" to businesses who are making record profits, then the shortfall in the budget will have to be met. The state will have to get the money from somewhere. This brings me to, what I believe, is the most important reason for my "no" vote. Whenever there is a shortfall and keep in mind businesses are now exempt from paying taxes, guess who is going to make up the difference? The taxpayers of this state. If you were to put a question on the ballot for our citizens to vote on and ask "would you agree businesses in this state should not have to pay taxes and that the everyday working man and woman would have to pay and make up the budget shortfall", I can guarantee there would be a resounding "no" vote--probably a 85% "no" vote. I truly believe my "no" vote reflects the wishes of my constituents and the people of the State of Michigan."

Rep. Martinez, 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 am proud today to cast my no vote and voice my protest on the passage of this bill by the Michigan House of Representatives. This bill is tax shift, not a tax cut. The people of the State of Michigan will pay for the elimination of the single business tax. This legislation will eliminate taxes for the largest and wealthiest corporations in Michigan. This is wrong for my constituents and bad policy for the State of Michigan.

I also oppose the process by which this bill has been brought to this vote. The bill was passed from the Tax Policy Committee today, with almost no public discussion. There has not been sufficient time for the public to analyze or debate this measure. This is not a legitimate democratic process.

I support changes in the Single Business Tax. It is tax that has problems, and I am proud to have supported amendments that would have tackled some of the real problems with the tax. We should eliminate the add back for employee benefits. We should provide credits for research and development. We should smooth the $250,000.00 cliff at which business becomes fully liable for the tax. We should not eliminate the tax.

About 75% of the current SBT collections are paid by about 5% of Michigan businesses. These largest, wealthiest corporations will be the true beneficiaries of this legislation.

Michigan currently boasts the highest number of new businesses who are locating in the state. Michigan also is embarrassed by the highest increase in the number of families who are working but living below the poverty level. It will not help to eliminate the SBT and transfer this burden to the people of Michigan."

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:

I voted no on final passage of HB 4745 because of the shift in tax burden that will take place. This bill will reduce the General Fund Budget by one third which will affect state revenue sharing with local governments and, in turn, will reduce state services to those governments. It also gives only thirty-five percent of the businesses in this state a tax cut and leaves out the other sixty-five percent according to state treasurer Mark Murray. This tax cut does not address the needs of not only the majority of businesses in this state, but it will only shift the tax burden onto the local tax payer."

Rep. Baird, 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 final passage of House Bill 4745 (H-3) because this legislation will eliminate taxes for the wealthiest corporations in Michigan and shift the entire burden of funding state government to individual taxpayers. This is wrong for my constituents and bad public policy for the State of Michigan.

The Single Business Tax (SBT) generates nearly $3 billion in state revenue annually--about one-third of the general fund. Yet, a source has not been identified to compensate for this lost revenue once the SBT has been eliminated. This is irresponsible. It will lead to a much greater tax burden on individuals, who will be forced to pick up the load for public services as business gets off without paying their share.

About 75 percent of current SBT collections are generated by about 5 percent of Michigan businesses. These wealthy corporations will be the beneficiaries of eliminating the SBT. Most Michigan businesses do not pay SBT. During the debate, I supported a substitute bill which would have expanded the number of small businesses which are exempt from paying any SBT; which would have exempted employer-provided health care from SBT calculations; which would have exempted businesses earning as much as $1 million from SBT if they provide health care for employees. This substitute was defeated by a majority party.

I voted no because Michigan's taxpayers deserve their fair share of tax relief from the state budget surplus. The surplus is estimated to be $425 million in 1999. Yet, HB 4745 (H-3) gives these taxpayers nothing, and gives big businesses everything. This is blatantly unfair to the constituents I represent."

Second Reading of Bills

House Bill No. 4744, entitled

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

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

Rep. Cassis moved to amend the bill as follows:

1. Amend page 32, line 20, after "No." by striking out "4245" and inserting "4745".

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

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

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

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

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

By unanimous consent the House returned to the order of

Third Reading of Bills

House Bill No. 4744, 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. 672 Yeas--57

Allen Geiger Kowall Richner

Birkholz Gilbert Kuipers Rocca

Bisbee Godchaux Kukuk Sanborn

Bishop Gosselin LaForge Scranton

Bradstreet Green LaSata Shackleton

Brown, C. Hager Law Shulman

Byl Hart Mead Stamas

Cassis Howell Middaugh Tabor

Caul Jansen Pappageorge Toy

DeRossett Jelinek Patterson Van Woerkom

DeVuyst Jellema Perricone Vander Roest

DeWeese Johnson, Rick Pumford Vear

Ehardt Julian Raczkowski Voorhees

Faunce Koetje Richardville Woronchak

Garcia

Nays--50

Baird Dennis Martinez Schauer

Basham Frank Minore Schermesser

Bogardus Garza Mortimer Scott

Bovin Gieleghem Neumann Sheltrown

Brater Hale O'Neil Spade

Brewer Hanley Pestka Stallworth

Brown, B. Hansen Price Switalski

Callahan Jacobs Prusi Tesanovich

Cherry Jamnick Quarles Thomas

Clark, I. Kelly Reeves Vaughn

Clarke, H. Lemmons Rison Wojno

Daniels Lockwood Rivet Woodward

DeHart Mans

In The Chair: Scranton

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

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

The motion prevailed.

The House agreed to the title as amended.

______

Reps. Woodward, Jamnick, Dennis and Minore, 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 4744 because according to the Michigan Department of Treasury the bill constitutes a $137.9 million tax increase. For some companies these changes undo the positive changes resulting from the court decision, bringing these taxes back to bear on the businesses. In addition, this bill will provide very limited tax breaks for a limited number of businesses, unfairly treating the businesses in Michigan."

Rep. Bogardus, 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 HB 4744 because it is basically a tax increase for most businesses in MI."

Rep. Callahan, 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:

This is a $137 million tax increase and for some companies this will undo the positive results of the court decision, bringing these taxes back to bear on the businesses. In addition, this bill will provide 'very limited' tax breaks for only a few businesses."

Second Reading of Bills

House Bill No. 4586, entitled

A bill to amend 1937 PA 94, entitled "Use tax act," by amending section 4k (MCL 205.94k), as amended by 1996 PA 477.

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

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

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

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

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

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

By unanimous consent the House returned to the order of

Third Reading of Bills

House Bill No. 4586, entitled

A bill to amend 1937 PA 94, entitled "Use tax act," by amending section 4k (MCL 205.94k), as amended by 1996 PA 477.

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

Roll Call No. 673 Yeas--77

Allen Faunce Kuipers Richner

Basham Frank Kukuk Rivet

Birkholz Garcia LaSata Rocca

Bisbee Geiger Law Sanborn

Bishop Gilbert Lemmons Schauer

Bovin Godchaux Mead Scranton

Bradstreet Gosselin Middaugh Shackleton

Brewer Green Mortimer Sheltrown

Brown, B. Hager Neumann Shulman

Brown, C. Hanley O'Neil Spade

Byl Hart Pappageorge Stamas

Cassis Howell Patterson Tabor

Caul Jansen Perricone Thomas

Cherry Jelinek Pestka Toy

Clark, I. Jellema Prusi Van Woerkom

Clarke, H. Johnson, Rick Pumford Vander Roest

DeRossett Julian Raczkowski Vear

DeVuyst Koetje Reeves Voorhees

DeWeese Kowall Richardville Woronchak

Ehardt

Nays--29

Baird Gieleghem Lockwood Scott

Bogardus Hale Mans Stallworth

Brater Hansen Martinez Switalski

Callahan Jacobs Minore Tesanovich

Daniels Jamnick Price Vaughn

DeHart Kelly Rison Wojno

Dennis LaForge Schermesser Woodward

Garza

In The Chair: Scranton

The House agreed to the title of the bill.

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

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

______

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

The motion prevailed.

Second Reading of Bills

Senate Bill No. 544, entitled

A bill to amend 1933 PA 167, entitled "General sales tax act," by amending section 4g (MCL 205.54g), as amended by 1998 PA 60, and by adding section 4r.

Was read a second time, and the question being on the adoption of the proposed substitute (H-6) previously recommended by the Committee on Tax Policy,

The substitute (H-6) was adopted, a majority of the members serving voting therefor.

Rep. Allen moved to amend the bill as follows:

1. Amend page 35, following line 27, by inserting:

"(iii) A COUNTY LONG-TERM MEDICAL CARE FACILITY BUILT AFTER DECEMBER 31, 1995 IN WHICH MEDICAL ATTENTION IS PROVIDED.".

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

Rep. Cassis moved to amend the bill as follows:

1. Amend page 34, line 20, after "SECTION." by striking out the balance of the subsection and inserting "THERE IS AN IRREBUTTABLE PRESUMPTION THAT 90% OF TOTAL USE IS PROVIDED FOR EXEMPT PURPOSES. THIS PRESUMPTION IS IN EFFECT UNTIL APRIL 1, 2006, AT WHICH TIME THE PRESUMPTION SHALL BE REVIEWED AND REDETERMINED BY THE DEPARTMENT OF TREASURY USING NONEXEMPT AND EXEMPT USER INFORMATION FOR THE PREVIOUS 12-MONTH PERIOD. THAT REDETERMINED IRREBUTTABLE PRESUMPTION SHALL BE IN EFFECT FOR THE FOLLOWING 7 YEARS. THE IRREBUTTABLE PRESUMPTION SHALL BE REVIEWED AND REDETERMINED EVERY 7 YEARS AFTER APRIL 1, 2006 AND APPLIED TO THE FOLLOWING 7 YEARS.".

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

Rep. Martinez demanded the yeas and nays.

The demand was supported.

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

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

Roll Call No. 674 Yeas--61

Allen Geiger Kowall Rocca

Birkholz Gilbert Kuipers Sanborn

Bisbee Godchaux Kukuk Schauer

Bishop Gosselin LaSata Scranton

Bradstreet Green Law Shackleton

Brater Hager Mead Shulman

Brown, B. Hart Middaugh Stamas

Brown, C. Howell Mortimer Tabor

Cassis Jamnick Pappageorge Thomas

Caul Jansen Patterson Toy

DeRossett Jelinek Perricone Van Woerkom

DeVuyst Jellema Pumford Vander Roest

DeWeese Johnson, Rick Raczkowski Vear

Ehardt Julian Richardville Voorhees

Faunce Koetje Richner Woronchak

Garcia

Nays--43

Baird Dennis Martinez Schermesser

Basham Garza Minore Scott

Bogardus Gieleghem Neumann Sheltrown

Bovin Hale O'Neil Spade

Brewer Hanley Pestka Stallworth

Callahan Hansen Price Switalski

Cherry Jacobs Prusi Tesanovich

Clark, I. LaForge Quarles Vaughn

Clarke, H. Lemmons Reeves Wojno

Daniels Lockwood Rison Woodward

DeHart Mans Rivet

In The Chair: Scranton

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

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

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

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

By unanimous consent the House returned to the order of

Third Reading of Bills

Senate Bill No. 544, entitled

A bill to amend 1933 PA 167, entitled "General sales tax act," by amending section 4g (MCL 205.54g), as amended by 1998 PA 60, and by adding section 4r.

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

Roll Call No. 675 Yeas--58

Allen Geiger Kuipers Rocca

Birkholz Gilbert Kukuk Sanborn

Bisbee Godchaux LaSata Scranton

Bishop Gosselin Law Shackleton

Bradstreet Green Mead Shulman

Brown, C. Hager Middaugh Stamas

Byl Hart Mortimer Tabor

Cassis Howell Pappageorge Thomas

Caul Jansen Patterson Toy

DeRossett Jelinek Perricone Van Woerkom

DeVuyst Jellema Pumford Vander Roest

DeWeese Johnson, Rick Raczkowski Vear

Ehardt Julian Richardville Voorhees

Faunce Koetje Richner Woronchak

Garcia Kowall

Nays--48

Baird DeHart Lemmons Rison

Basham Dennis Lockwood Rivet

Bogardus Frank Mans Schauer

Bovin Garza Martinez Schermesser

Brater Gieleghem Minore Scott

Brewer Hale Neumann Sheltrown

Brown, B. Hanley O'Neil Spade

Callahan Hansen Pestka Switalski

Cherry Jacobs Price Tesanovich

Clark, I. Jamnick Prusi Vaughn

Clarke, H. Kelly Quarles Wojno

Daniels LaForge Reeves Woodward

In The Chair: Scranton

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

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

A bill to amend 1933 PA 167, entitled "An act to provide for the raising of additional public revenue by prescribing certain specific taxes, fees, and charges to be paid to the state for the privilege of engaging in certain business activities; to provide, incident to the enforcement thereof, for the issuance of licenses to engage in such occupations; to provide for the ascertainment, assessment and collection thereof; to appropriate the proceeds thereof; and to prescribe penalties for violations of the provisions of this act," by amending sections 1, 4a, 4g, 4j, and 4q (MCL 205.51, 205.54a, 205.54g, 205.54j, and 205.54q), section 1 as amended by 1998 PA 451, section 4a as amended by 1998 PA 490, section 4g as amended by 1998 PA 60, section 4j as added by 1985 PA 225, and section 4q as added by 1998 PA 258, and by adding sections 4r, 4s, 4t, 4u, 4v, and 4w.

The motion prevailed.

The House agreed to the title as amended.

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

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

______

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

"Mr. Speaker and members of the House:

I voted no on Senate Bill 544 (H-6) because it increases the tax burden on certain businesses. For some companies these changes undo the positive changes resulting from a court decision, bringing these taxes back to bear on the businesses. These bills will provide very limited tax breaks for a limited number of businesses. In the long run, it will reduce funds to the School Aid Fund."

By unanimous consent the House returned to the order of

Motions and Resolutions

Rep. Raczkowski moved that a respectful message be sent to the Senate requesting the return of Senate Bill No. 556.

The motion prevailed.

Rep. Raczkowski moved that part of Rule 45 be suspended.

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

Rep. Raczkowski moved that the Committee on Constitutional Law and Ethics be discharged from further consideration of Senate Bill No. 51.

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

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

Rep. Raczkowski moved that part of Rule 45 be suspended.

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

Rep. Raczkowski moved that the Committee on Local Government and Urban Policy be discharged from further consideration of Senate Bill No. 496.

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

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

Rep. Raczkowski moved that part of Rule 45 be suspended.

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

Rep. Raczkowski moved that the Committee on House Oversight and Operations be discharged from further consideration of House Bill No. 4386.

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

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

______

Rep. Raczkowski moved that when the House adjourns today it stand adjourned until Thursday, June 3, at 10:00 a.m.

The motion prevailed.

Rep. Mead moved that the House adjourn.

The motion prevailed, the time being 10:50 p.m.

Associate Speaker Pro Tempore Scranton declared the House adjourned until Thursday, June 3, at 10:00 a.m.

GARY L. RANDALL

Clerk of the House of Representatives.