The House was called to order by Acting Speaker DeHart.

 

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

 

 

Agee--present

Alley--absent

Anthony--present

Baade--present

Baird--present

Bankes--present

Basham--absent

Birkholz--present

Bobier--present

Bodem--present

Bogardus--present

Brackenridge--present

Brater--present

Brewer--present

Brown--present

Byl--present

Callahan--present

Cassis--present

Cherry--present

Ciaramitaro--present

Crissman--present

Cropsey--present

Curtis--present

Dalman--present

DeHart--present

DeVuyst--present

Dobb--present

Dobronski--present

Emerson--present

Fitzgerald--present

Frank--present

Freeman--present

Gagliardi--present

Galloway--present

Geiger--present

Gernaat--present

Gilmer--present

Gire--excused

Godchaux--present

Goschka--present

Green--present

Griffin--present

Gubow--present

Gustafson--present

Hale--present

Hammerstrom--present

Hanley--present

Harder--present

Hertel--present

Hood--present

Horton--present

Jansen--present

Jaye--present

Jelinek--present

Jellema--present

Johnson--present

Kaza--present

Kelly--present

Kilpatrick--present

Kukuk--present

LaForge--present

Law--excused

Leland--present

LeTarte--present

Llewellyn--present

London--present

Lowe--present

Mans--present

Martinez--present

Mathieu--present

McBryde--present

McManus--present

McNutt--present

Middaugh--present

Middleton--present

Murphy--present

Nye--present

Olshove--present

Owen--present

Oxender--present

Palamara--present

Parks--present

Perricone--present

Price--present

Profit--present

Prusi--present

Quarles--present

Raczkowski--present

Rhead--present

Richner--present

Rison--present

Rocca--present

Schauer--present

Schermesser--present

Schroer--present

Scott--present

Scranton--present

Sikkema--present

Stallworth--present

Tesanovich--present

Thomas--present

Varga--present

Vaughn--present

Voorhees--present

Walberg--excused

Wallace--present

Wetters--present

Whyman--present

Willard--present

Wojno--present

 

 

e/d/s = entered during session

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Curtis Horton

 

 

Nays--56

 

 

 

 

In The Chair: Hertel

 

 

The question being on concurring in the Senate substitute (S-4), as amended,

The Senate substitute (S-4), as amended, was concurred in, a majority of the members serving voting therefor, by yeas and nays, as follows:

 

 

Roll Call No. 774 Yeas--85

 

 

Freeman

 

 

Nays--19

 

 

 

 

In The Chair: Hertel

 

 

Reps. DeVuyst, Gustafson, Johnson, Kelly and Murphy were named co-sponsors of the bill.

 

Rep. Brackenridge moved that his name be removed as sponsor of the bill.

The motion prevailed.

 

Rep. Dobb moved that her name be removed as sponsor of the bill.

The motion prevailed.

 

Rep. Gubow moved that his name be removed as sponsor of the bill.

The motion prevailed.

 

Rep. Wetters moved that his name be removed as sponsor of the bill.

The motion prevailed.

 

 

 

 

Rep. Wetters, having reserved the right to explain his nay vote, made the following statement:

"Mr. Speaker and members of the House:

The Senate replaced the language the House added to HB 4191 that opened the tax credit up to all college students. The Senate believes that the family of a college student should only receive a income tax credit if they chose the right university which complied with the Senate's view of how a university should be run. What arrogance! What pride! What a mistake! Families never know when they choose a university whether it will meet the litmus test the Senate has ordained.

Oh no! Marge, ABD University raised their tuition more than the Senate liked to replace that building they lost in the fire. I guess we don't get a tax credit for our son or daughter. If we had only known we would have sent them to XYZ University then we would have gotten the credit.

I cannot support the changes the Senate made nor the removal of the Dobb amendment.

God so loved the world, he didn't send a committee. Its to bad he agreed to allow us to create and pass our own laws."

 

Rep. Dobb, having reserved the right to explain her nay vote, made the following statement:

"Mr. Speaker and members of the House:

I voted no on HB4191 because I feel strongly that the tuition credit should be offered to all taxpayers attending Michigan colleges and universities and not just those on a select list. Parents and students have little control over tuition increases. The legislature, however, can influence the colleges' administrations through the appropriations process. This House passed the tuition credit overwhelmingly without the CPI limiter. It's a shame that members compromised fair public policy for the sake of a tax increase package with very limited, very targeted tax credits."

Senate Bill No. 303, 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 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 certain acts and parts of acts," by amending the title and sections 10, 10e, 11, 12, and 13 (MCL 247.660, 257.660e, 247.661, 247.662, and 247.663), the title as amended by 1992 PA 223 and sections 10, 11, 12, and 13 as amended by 1993 PA 294, and by adding sections 1g, 1h, 9b, 15a, and 15b.

The Senate has amended the House substitute (H-3) as follows:

1. Amend page 7, line 25, after "appropriated," by striking out the balance of the line through "(G)" on line 26 and inserting "FOR THE FISCAL YEARS ENDING SEPTEMBER 30, 1993 THROUGH SEPTEMBER 30, 1998".

2. Amend page 9, following line 3, by striking out all of subdivisions (C), (D), and (E) and inserting:

"(C) REVENUE FROM 3 CENTS OF THE TAX LEVIED UNDER SECTION 2(1) OF 1950 PA 127, MCL 207.102, TO THE STATE TRUNK LINE FUND, COUNTY ROAD COMMISSIONS, AND CITIES AND VILLAGES IN THE PERCENTAGES PROVIDED IN SUBDIVISION (H).

(D) REVENUE FROM 1 CENT OF THE TAX LEVIED UNDER SECTION 2(1) OF 1950 PA 127, MCL 207.102, TO THE STATE TRUNK LINE FUND FOR REPAIR OF STATE BRIDGES UNDER SECTION 11.

(E) $43,000,000.00 TO THE STATE TRUNK LINE FUND FOR DEBT SERVICE COSTS ON STATE OF MICHIGAN PROJECTS.".

3. Amend page 10, line 3, after "THROUGH" by striking out "(E)" and inserting "(G)".

4. Amend page 10, line 18, after "(2)" by striking out the balance of the line through "law," on line 19 and inserting "If a distribution formula is not enacted into law for any time period beginning after September 30, 1998,".

5. Amend page 10, line 21, after "year" by inserting "thereafter".

6. Amend page 10, following line 23, by inserting:

"(A) 80% OF THE REVENUE RECEIVED IN THE SAME PERCENTAGES AS THE DISTRIBUTION FORMULA IN EFFECT BEFORE OCTOBER 1, 1998 TO THE STATE TRUNK LINE FUND UNDER THE CONDITIONS PROVIDED IN SECTION 11, TO THE COMPREHENSIVE TRANSPORTATION FUND UNDER THE CONDITIONS PROVIDED IN SECTION 10E, TO THE COUNTY ROAD COMMISSIONS UNDER THE CONDITIONS PROVIDED IN SECTION 12, AND TO THE CITIES AND VILLAGES UNDER THE CONDITIONS PROVIDED IN SECTION 13." and relettering the remaining subdivisions.

7. Amend page 11, line 26, after "(4)" by striking out the balance of the line and inserting "The distribution formula enacted into law after September 30, 1998".

8. Amend page 12, line 18, by striking out all of subsection (6) and renumbering the remaining subsection.

9. Amend page 15, line 7, after the first "of" by inserting "up to".

10. Amend page 16, line 2, after the first "of" by inserting "up to".

11. Amend page 21, line 22, after the first "FOR" by inserting "EITHER MATCHING FEDERAL FUNDS FOR LOCAL BUS CAPITAL OR".

12. Amend page 32, line 23, after "tion" by striking out "10(1)(D)" and inserting "10(1)(G)".

13. Amend page 39, line 21, after "section" by striking out "10(1)(D)" and inserting "10(1)(G)".

14. Amend page 45, line 8, after "ARE" by striking out the balance of the line through "$10,000.00" on line 9 and inserting "EXTRAS AND OVERRUNS SUFFICIENT TO REQUIRE APPROVAL OF EITHER THE STATE ADMINISTRATIVE BOARD OR THE COMMISSION, OR BOTH,".

15. Amend page 46, following line 3, by inserting:

"(13) ANY PERFORMANCE AUDITS OF THE DEPARTMENT SHALL BE CONDUCTED ACCORDING TO GOVERNMENT AUDITING STANDARDS ISSUED BY THE UNITED STATES GENERAL ACCOUNTING OFFICE.

Sec. 11c. All federal aid construction projects, and all other projects of the department concerning highways, streets, roads, and bridges, whose cost exceeds $20,000.00 $100,000.00 for construction or maintenance as defined in section 11, shall be performed by contract awarded by competitive bidding unless the department shall affirmatively find that under the circumstances relating to those projects, some other method is in the public interest. All of those findings shall be reported to the state transportation commission 90 days before work is commenced and promptly in writing to the appropriations committees of the senate and house of representatives. However, in a case in which the department determines emergency action is required, the reports need not be filed before work is commenced but shall be promptly filed. LOCAL ROAD AGENCIES THAT MAKE A DECISION NOT TO PERFORM CONSTRUCTION OR MAINTENANCE PROJECTS EXCEEDING $100,000.00 SHALL CONTRACT FOR THIS WORK THROUGH COMPETITIVE BIDDING.".

16. Amend page 50, line 4, after "(9)" by striking out "MONEY" and inserting "Not to exceed 30% per year of the amount".

17. Amend page 50, line 7, after "county." by inserting "Not to exceed 15% per year of the amount returned to a county for expenditure on the county local road system may be used, with or without matching, on the county primary road system of that county, and not to exceed an additional 15% per year of the amount returned to a county for expenditure on the county local road system, may, in case of an emergency or with the approval of the state transportation department, be expended, with or without matching, on the county primary road system of that county.".

18. Amend page 50, line 22, by inserting:

"(10) Not less than 20% per year of the funds returned to a county by this section shall be expended for snow and ice removal, the construction or reconstruction of a new highway or existing highway, and the acquisition of a necessary right of way for those highways, and work incidental to those highways, or for the servicing of bonds issued by the county for these purposes. Surplus funds may be expended for the development, construction, or repair of an off-street parking facility." and renumbering the remaining subsections.

19. Amend page 59, line 12, after "OFFICE." by inserting "THE DEPARTMENT OF TREASURY SHALL PROVIDE 6 MONTHS NOTICE TO THE COUNTY ROAD COMMISSION OR COUNTY BOARD OF COMMISSIONERS, AS APPLICABLE, OF THE STANDARDS TO BE USED FOR AUDITS PERFORMED UNDER THIS SUBSECTION PRIOR TO THE FISCAL YEAR IN WHICH THE AUDIT IS CONDUCTED. THE DEPARTMENT SHALL NOTIFY THE COUNTY ROAD COMMISSION OR COUNTY BOARD OF COMMISSIONERS OF ANY SUBSEQUENT CHANGES TO THE STANDARDS.".

20. Amend page 59, line 15, by striking out all of subsections (22), (23), and (24).

21. Amend page 66, line 6, after "(a)" by striking out the balance of the subdivision and inserting "Not to exceed 25% per year of the amount returned to a city or village for use on the major street system, may be expended on the local street system of that city or village and not to exceed an additional 15% per year of the amount returned to an incorporated city or village for expenditure on the major street system, may, in case of an emergency or with the approval of the state transportation department, be expended on the local street system of that city or village.".

22. Amend page 66, line 16, by inserting:

"(b) Money returned for expenditure on the major street system may be expended on the local street system in an amount equal to the amount of local revenues, as provided in subsection (5), expended by the city or village on the major street system or on state trunk line highways, and to the extent that that amount of major street money is not transferred for expenditure on the local street system in that year, major street money received during the next succeeding 2 years may be transferred for expenditure on the local system until the amount so authorized for transfer is fully expended." and relettering the remaining subdivisions.

23. Amend page 68, line 21, after "OFFICE." by inserting "THE DEPARTMENT OF TREASURY SHALL PROVIDE NOTICE TO CITIES AND VILLAGES OF THE STANDARDS TO BE USED FOR AUDITS UNDER THIS SUBSECTION PRIOR TO THE FISCAL YEAR IN WHICH THE AUDIT IS CONDUCTED. THE DEPARTMENT SHALL NOTIFY CITIES AND VILLAGES OF ANY SUBSEQUENT CHANGES TO THE STANDARDS.".

24. Amend page 68, line 23, by striking out all of subsections (11) and (12).

25. Amend page 69, following line 15, section 15B, by striking out all of subsection (4) and inserting:

"(4) A RIGHT-OF-WAY MAY BE MOWED AS NECESSARY TO MAINTAIN HEALTH AND SAFETY.".

26. Amend page 69, following line 15, enacting section 1, by striking out "(c) House Bill No. 4371." and inserting "(c) Senate Bill No. 208.".

The Senate has concurred in the House substitute (H-3) as amended and amended the title to read as follows:

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 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 certain acts and parts of acts," by amending the title and sections 10, 10e, 11, 11c, 12, and 13 (MCL 247.660, 247.660e, 247.661, 247.661c, 247.662, and 247.663), the title as amended by 1992 PA 223 and sections 10, 11, 11c, 12, and 13 as amended by 1993 PA 294, and by adding sections 1g, 1h, 9b, 15a, and 15b.

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

Rep. Gagliardi moved that Rule 45 be suspended.

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

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. 775 Yeas--79

 

 

 

 

Nays--25

 

 

Freeman

 

 

In The Chair: Hertel

 

 

The House agreed to the title as amended.

 

 

 

 

Rep. Jaye, having reserved the right to explain his nay vote, made the following statement:

"Mr. Speaker and members of the House:

This bill does not require Indian run gas stations to pay gas tax and undergo compliance audits.

This bill expands racist minority preferences in road contracts which currently cost taxpayers over $28 million annually in overcharges. Taxpayers also currently pay for $2 million in minority compliance bureaucrats at MDOT and private road firms must pay approximately $6 million in company bureaucrats to produce all the compliance reports for the minority bureaucrats. This bill continues the diversion of 59% of gas tax money ($286 million) to non road projects like mass transit, state bureaucrats, wetland creation and corporate welfare of train subsidies. This bill simply raises taxes and fees permanently by $269.1 million without implimenting the following reforms:

Twenty-four specific reforms of Michigan's road bureaucracy saving approximately $640 million annually is offered as an alternative to increasing the gas tax.

1. Require State and local bureaucrats to contribute 5% of salary to their health care -- saving $11 million.

2. Cut State's and local bureaucrats' car fleet and travel allowances -- no take home cars -- saving $40 million.

3. End minority business set asides saving $26 million in overcharges to taxpayers and eliminating $2 million in MDOT minority oversight bureaucrats -- total savings $28 million.

4. Require able bodied welfare recipients and low risk prisoners to perform road maintenance, keep all existing state & local maintenance bureaucrats, saving 10% of maintenance costs -- saving $18 million.

5. End gas tax subsidy of other state operations -- saving $108 million:

6. End the special 10% of gas tax money which goes to mass transit before any allocations to Act 51 funding formula -- saving $69 million.

7. End special Detroit Subsidies of Trolley car $500,000 and Detroit People Mover $4.2 million, and maintenance of Detroit Highways $25 million -- total savings $30 million.

8. Eliminate state money for road and infrastructure improvements for new Tiger Stadium, transfer funds to improve existing local roads -- saving $55 million.

9. Lawsuit reform by strictly limiting government liability for road maintenance Stille/Jaye Legislation: cutting lawsuits budget by 80% at MDOT, and also saving another 5% of maintenance in excessive tree removal and unnecessary signs -- saving $35 million.

10. Eliminate the corporate welfare of special Diesel fuel tax breaks -- saving $12 million.

11. Increase fares for non poor/handicapped uses of mass transit, people mover fare 50 cents, carnival rides cost $1.25 -- saving $9 million.

12. Eliminate Corporate welfare of train freight and passenger subsidy -- saving $4.4 million.

13. Eliminate Corporate welfare of commercial forest road maintenance -- saving $5 million.

14. Repeal the union wage overcharges and pay local wage rate -- saving $35 million.

15. Eliminate public Transportation Discretionary special grants -- saving $20 million.

16. Sell State owned rail tracks - saving $33 million.

17. 10% cut in land acquisitions -- saving $6 million.

18. 5% cut in capitol outlays -- saving $21 million.

19. End subsidy of rich people and vacationers Drummond Island Boat ferry -- saving $1 million.

20. Have private firms run rest stops not state bureaucrats -- saving $496,000.

21. Moderate excessive environmental regulations on road & bridge projects like 2 for 1 wetland replacement -- saving $15 million.

22. Privatize the engineering functions at MDOT -- 10% savings $75 million.

23. Reduce Michigans' truck cargo weight laws which are the highest in the nation.

24. Make farmers subject to all fuel taxes.

* Michigans' higher speed limits means more gas burned and more gas tax generated.

 

Rep. Kaza, having reserved the right to explain his nay vote, made the following statement:

"Mr. Speaker and members of the House:

This so-called reform legislation continues the practice of preferential treatment in awarding contracts on transportation projects.

This is the second time we have been asked to approve legislation that continues the practice of preferential treatment.

Preferential treatment as a public policy needs to be addressed and repealed when awarding transportation contracts.

The Senate-passed version also increases the threshold on when the state Department of Transportation must engage in competitive bidding from $20,000 to $100,000. In short, it is long on political rhetoric and short on real reform."

 

Rep. Goschka, having reserved the right to explain his nay vote, made the following statement:

"Mr. Speaker and members of the House:

I voted "No" on Senate Bill 303 because it contains one very serious flaw. It allows for guaranteed set-aside minority contracts which does a tremendous disservice to both minorities and taxpayers. The wording of this bill requires MDOT to establish technical assistance programs to minority contractors, and that those contractors would be required to be in enterprise or empowerment zones.

I support the right of minority contractors to bid competitively, and I would fight for their right to be involved in the process every step of the way. However, when contracts are guaranteed to anyone, there is inherently the lack of a competitive bid. Not only does this send the wrong message that minority contractors cannot make it on their own when they certainly can and do, the taxpayers lose out because they may possibly pay top dollar for jobs that would cost less.

We put the sunset back on this bill and many good reforms are in, but this provision of which I have spoken is unacceptable."

 

 

The Speaker laid before the House

House Bill No. 4872, entitled

A bill to amend 1927 PA 150, entitled "An act to prescribe a privilege tax for the use of the public highways by owners and drivers of motor vehicles by imposing a specific tax upon the sale or use, within the state of Michigan, of motor fuel; to prescribe the manner and the time of paying this tax and the duties of officials and others respecting the payment and collection of this tax; to provide for the licensing of wholesale distributors, certain retail dealers, exporters, and suppliers as defined in this act; to fix a time when this tax and interest and penalties thereon become a lien upon the property of persons, firms, partnerships, associations, or corporations, subject to the payment of this tax; to provide for the enforcement of this lien; to permit the inspection and testing of petroleum products; to provide for certain exemptions and refunds and for the disposition of the proceeds of this tax; and to prescribe penalties for the violation of this act," by amending the title and sections 2 and 22 (MCL 207.102 and 207.122), section 2 as amended by 1992 PA 225 and section 22 as amended by 1995 PA 52, and by adding chapter 7; and to repeal acts and parts of acts.

(The bill was received from the Senate on July 10, with substitute (S-8), title amendment and immediate effect given by the Senate, consideration of which, under the rules, was postponed until July 15, see House Journal No. 67, p. 1862.)

The question being on concurring in the adoption of the substitute (S-8) made to the bill by the Senate,

Rep. Alley moved to amend the Senate substitute (S-8) as follows:

1. Amend page 5, line 14, after the first "the" by striking out "twentieth" and inserting "TENTH, TWENTIETH, AND THIRTIETH".

2. Amend page 5, line 14, after the second "the" by striking out "twentieth" and inserting "TENTH, TWENTIETH, AND THIRTIETH".

3. Amend page 5, line 22, after "preceding" by striking out "calendar month" and inserting "10 DAYS".

4. Amend page 6, line 20, after "preceding" by striking out "calendar month" and inserting "10 DAYS".

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

Rep. Basham moved to amend the Senate substitute (S-8) as follows:

1. Amend page 3, line 25, after "CENTS" by inserting a comma and "EXCEPT THE TAX IMPOSED ON DIESEL MOTOR FUEL FOR USE IN NONCOMMERCIAL BOATS OR RECREATIONAL VEHICLES IS 15 CENTS".

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

Rep. Harder moved to amend the Senate substitute (S-8) as follows:

1. Amend page 10, line 21, by striking out all of enacting section 1 and inserting:

"Enacting section 1. This amendatory act does not take effect unless all of the following bills of the 89th Legislature are enacted into law:

(a) House Bill No. 4180.

(b) House Bill No. 4191.

(c) House Bill No. 4371.".

Rep. Gubow moved to amend the Harder amendment as follows:

1. Amend the Harder amendment, page 10, line 21, following subdivision (c), by inserting:

"(d) House Bill No. 4813.".

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

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

Rep. Harder withdrew the amendment.

Rep. Profit moved to amend the Senate substitute (S-8) as follows:

1. Amend page 3, line 23, after "1997" by inserting "AND AFTER JULY 31, 2002".

2. Amend page 3, line 24, after "1997" by inserting "AND BEFORE AUGUST 1, 2002".

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

Rep. Gubow moved to amend the Senate substitute (S-8) as follows:

1. Amend page 3, line 23, after "1997" by inserting "AND AFTER SEPTEMBER 30, 1998".

2. Amend page 3, line 24, after "1997" by inserting "AND BEFORE SEPTEMBER 30, 1998".

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

Reps. Gubow and Nye moved to amend the Senate substitute (S-8) as follows:

1. Amend page 3, line 24, after "1997" by inserting "AND BEFORE JANUARY 1, 1999".

2. Amend page 3, line 27, after "1997" by inserting "AND BEFORE JANUARY 1, 1999".

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

Rep. Gilmer moved to amend the Senate substitute (S-8) as follows:

1. Amend page 3, line 27, after "1997," by striking out "15" and inserting "19".

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

Reps. Voorhees, Goschka and Raczkowski moved to amend the Senate substitute (S-8) as follows:

1. Amend page 10, line 21, by striking out all of enacting section 1 and inserting:

"Enacting section 1. This amendatory act does not take effect unless all of the following bills of the 89th Legislature are enacted into law:

(a) Senate Bill No. 303.

(b) House Bill No. 4642.

(c) House Bill No. 4643.".

The question being on the adoption of the amendment offered by Reps. Voorhees, Goschka and Raczkowski,

Rep. Voorhees demanded the yeas and nays.

The demand was supported.

The question being on the adoption of the amendment offered by Reps. Voorhees, Goschka and Raczkowski,

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

 

 

Roll Call No. 776 Yeas--34

 

 

Gernaat Llewellyn

 

 

Nays--70

 

 

Dobronski Jansen

 

 

In The Chair: Hertel

 

 

 

 

Rep. Wetters, having reserved the right to explain his nay vote, made the following statement:

"Mr. Speaker and members of the House:

The offset of a gas tax increase by reducing the sales tax cuts funding to local government by $84 million per year and funding to the school aid fund by $170 million. Given that the net increase in funding for roads is around $90 million and that local governments spend million of dollars on road maintenance and repair, it is likely that this proposal would result in a cut in funding for local roads.

Let's see, less money for schools, less money for local government, and less money for local roads. This proposal is the same proposal the Senate passed when it adopted the substitute offered by Senator from the 34th District. Both of these proposals create far more problems than they solve. I cannot support this amendment or any proposal which would so dramatically cut funding for local services and K-12 and sacrifice those essential programs."

 

Rep. Gubow moved to amend the Senate substitute (S-8) as follows:

1. Amend page 10, line 21, by striking out all of enacting section 1 and inserting:

"Enacting section 1. This amendatory act does not take effect unless House Bill No. 4813 of the 89th Legislature is enacted into law.".

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

Rep. Jaye moved to amend the Senate substitute (S-8) as follows:

1. Amend page 5, following line 11, by inserting:

"SEC. 3C. MONEY SHALL NOT BE SPENT BY THIS STATE OR A COUNTY TO REPAIR OR CONSTRUCT ROADS LOCATED ON AN INDIAN RESERVATION IN THIS STATE UNLESS ALL RETAILERS OF MOTOR FUEL LOCATED ON THE RESERVATION REMIT TO THE DEPARTMENT ALL SALES TAX ON ALL MOTOR FUEL SOLD AND ALL OTHER GOODS SOLD BY THE RETAILER AND THE DEPARTMENT OF TREASURY CERTIFIES THAT THE SALES TAX HAS BEEN PAID.".

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

The question being on concurring in the substitute (S-8) made to the bill by the Senate,

The substitute (S-8) was concurred in, a majority of the members serving voting therefor, by yeas and nays, as follows:

 

 

Roll Call No. 777 Yeas--56

 

 

 

 

Nays--48

 

 

 

 

In The Chair: Hertel

 

 

The House agreed to the title as amended.

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

 

 

 

 

Rep. Dobb, having reserved the right to explain her nay vote, made the following statement:

"Mr. Speaker and members of the House:

I voted no on HB 4872 for the following reasons:

1) this is a broad-based tax imposed on everyone who buys fuel; teenagers, seniors, adults with children and adults without children