hj05230t.047

No. 47

STATE OF MICHIGAN

JOURNAL

OF THE

House of Representatives

90th Legislature

REGULAR SESSION OF 2000

House Chamber, Lansing, Tuesday, May 23, 2000.

12:00 Noon.

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

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--present

Hart--present

Howell--present

Jacobs--present

Jamnick--present

Jansen--present

Jelinek--present

Jellema--present

Johnson, Rick--present

Johnson, Ruth--present

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--present

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--excused

Pumford--present

Quarles--present

Raczkowski--present

Reeves--present

Richardville--present

Richner--present

Rison--present

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--excused

Vear--present

Voorhees--present

Wojno--present

Woodward--present

Woronchak--present

e/d/s = entered during session

Rep. Derrick Hale, from the 14th District, offered the following invocation:

"If a task is once begun, never leave it till it's done. Be the labor great or small, do it well or not at all. 'Whatever your hand finds to do, do it with your might.' --Ecclesiastes 9:10. And, let us also remind ourselves, when we do things, do them in the name of the Lord. Amen."

______

Rep. Scott moved that Reps. Prusi and Vaughn be excused from this week's session.

The motion prevailed.

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

The motion prevailed.

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

The motion prevailed.

Messages from the Senate

The Speaker laid before the House

House Bill No. 4664, entitled

A bill to amend 1933 PA 167, entitled "General sales tax act," (MCL 205.51 to 205.78) by adding section 10.

(The bill was received from the Senate on May 18 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. 46, p. 1073.)

The question being on concurring in 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. 437 Yeas--103

Allen Ehardt Kelly Rison

Baird Faunce Kilpatrick Rivet

Basham Frank Koetje Rocca

Birkholz Garcia Kowall Sanborn

Bisbee Garza Kuipers Schermesser

Bishop Geiger Kukuk Scott

Bogardus Gieleghem LaSata Scranton

Bovin Gilbert Lemmons Shackleton

Bradstreet Godchaux Lockwood Sheltrown

Brater Gosselin Mans Shulman

Brewer Green Martinez Spade

Brown, B. Hager Mead Stallworth

Brown, C. Hale Middaugh Stamas

Byl Hanley Minore Switalski

Callahan Hansen Mortimer Tabor

Cassis Hardman Neumann Tesanovich

Caul Hart O'Neil Thomas

Cherry Howell Pappageorge Toy

Clark, I. Jacobs Patterson Van Woerkom

Clarke, H. Jamnick Pestka Vander Roest

Daniels Jansen Price Vear

DeHart Jelinek Pumford Voorhees

Dennis Jellema Quarles Wojno

DeRossett Johnson, Rick Raczkowski Woodward

DeVuyst Johnson, Ruth Richardville Woronchak

DeWeese Julian Richner

Nays--0

In The Chair: Scranton

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 Senate returned, in accordance with the request of the House

Senate Bill No. 1006, entitled

A bill to amend 1974 PA 258, entitled "Mental health code," by amending sections 204a and 210 (MCL 330.1204a and 330.1210), section 204a as added and section 210 as amended by 1995 PA 290.

Rep. Raczkowski moved that Rule 67 be suspended.

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

Rep. Raczkowski moved to reconsider the vote by which the House passed the bill.

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

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

Senate Bill No. 1006, entitled

A bill to amend 1974 PA 258, entitled "Mental health code," by amending sections 204a and 210 (MCL 330.1204a and 330.1210), section 204a as added and section 210 as amended by 1995 PA 290.

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

The motion prevailed and the substitute (H-6) 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.

______

Rep. Bob Brown moved that Rep. Thomas 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. 1006, entitled

A bill to amend 1974 PA 258, entitled "Mental health code," by amending sections 204a and 210 (MCL 330.1204a and 330.1210), section 204a as added and section 210 as amended by 1995 PA 290.

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. 438 Yeas--103

Allen Faunce Koetje Rison

Baird Frank Kowall Rivet

Basham Garcia Kuipers Rocca

Birkholz Garza Kukuk Sanborn

Bisbee Geiger LaForge Schauer

Bishop Gieleghem LaSata Schermesser

Bovin Gilbert Law Scott

Bradstreet Godchaux Lemmons Scranton

Brater Gosselin Lockwood Shackleton

Brewer Green Mans Sheltrown

Brown, B. Hager Martinez Shulman

Brown, C. Hale Mead Spade

Byl Hanley Middaugh Stallworth

Callahan Hansen Minore Stamas

Cassis Hardman Neumann Switalski

Caul Hart O'Neil Tabor

Cherry Howell Pappageorge Tesanovich

Clark, I. Jamnick Patterson Toy

Clarke, H. Jansen Pestka Van Woerkom

Daniels Jelinek Price Vander Roest

DeHart Jellema Pumford Vear

Dennis Johnson, Rick Quarles Voorhees

DeRossett Johnson, Ruth Raczkowski Wojno

DeVuyst Julian Reeves Woodward

DeWeese Kelly Richardville Woronchak

Ehardt Kilpatrick Richner

Nays--0

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 1974 PA 258, entitled "An act to codify, revise, consolidate, and classify the laws relating to mental health; to prescribe the powers and duties of certain state and local agencies and officials and certain private agencies and individuals; to regulate certain agencies and facilities providing mental health services; to provide for certain charges and fees; to establish civil admission procedures for individuals with mental illness or developmental disabilities; to establish guardianship procedures for individuals with development disability; to establish procedures regarding individuals with mental illness or developmental disability who are in the criminal justice system; to provide for penalties and remedies; and to repeal acts and parts of acts," by amending section 204a (MCL 330.1204a), as added by 1995 PA 290.

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.

______

The Speaker Pro Tempore assumed the Chair.

By unanimous consent the House returned to the order of

Motions and Resolutions

May 23, 2000

Honorable John Engler

Governor

State of Michigan

Lansing, Michigan

Dear Sir:

The House of Representatives, in accordance with the concurrence of the Senate, respectfully requests the return of Enrolled House Bill No. 4684, which was presented to you on May 11, 2000, at 11:44 a.m.

Respectfully,

Gary L. Randall

Clerk of the House

Second Reading of Bills

Senate Bill No. 1200, entitled

A bill to amend 1998 PA 58, entitled "Michigan liquor control code of 1998," (MCL 436.1101 to 436.2303) by adding section 514.

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. Godchaux moved that Rep. Scranton 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. 1200, entitled

A bill to amend 1998 PA 58, entitled "Michigan liquor control code of 1998," (MCL 436.1101 to 436.2303) by adding section 514.

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

Roll Call No. 439 Yeas--79

Allen Geiger LaForge Rocca

Baird Gieleghem LaSata Sanborn

Basham Gilbert Law Schauer

Birkholz Godchaux Lockwood Schermesser

Bisbee Hager Mans Scott

Bishop Hale Martinez Shackleton

Bogardus Hanley Mead Sheltrown

Bovin Hansen Middaugh Shulman

Brater Hart Minore Spade

Brewer Howell Neumann Stallworth

Brown, B. Jacobs O'Neil Stamas

Brown, C. Jamnick Pappageorge Switalski

Callahan Jelinek Patterson Tabor

Cherry Jellema Pestka Toy

Daniels Johnson, Rick Price Van Woerkom

DeHart Julian Pumford Vander Roest

DeRossett Kelly Richardville Vear

DeWeese Koetje Richner Wojno

Faunce Kowall Rison Woodward

Frank Kukuk Rivet

Nays--19

Bradstreet Garcia Jansen Reeves

Cassis Garza Johnson, Ruth Tesanovich

Clark, I. Gosselin Kilpatrick Voorhees

DeVuyst Green Kuipers Woronchak

Ehardt Hardman Raczkowski

In The Chair: Birkholz

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

"An act to create a commission for the control of the alcoholic beverage traffic within this state, and to prescribe its powers, duties, and limitations; to provide for powers and duties for certain state departments and agencies; to impose certain taxes for certain purposes; to provide for the control of the alcoholic liquor traffic within this state and to provide for the power to establish state liquor stores; to provide for the care and treatment of alcoholics; to provide for the incorporation of farmer cooperative wineries and the granting of certain rights and privileges to those cooperatives; to provide for the licensing and taxation of activities regulated under this act and the disposition of the money received under this act; to prescribe liability for retail licensees under certain circumstances and to require security for that liability; to provide procedures, defenses, and remedies regarding violations of this act; to provide for the enforcement and to prescribe penalties for violations of this act; to provide for allocation of certain funds for certain purposes; to provide for the confiscation and disposition of property seized under this act; to provide referenda under certain circumstances; and to repeal 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.

Second Reading of Bills

Pending the Second Reading of

House Bill No. 5721, entitled

A bill to amend 1991 PA 179, entitled "Michigan telecommunications act," by amending sections 101 and 304 (MCL 484.2101 and 484.2304), as amended by 1995 PA 216, and by adding section 214.

Point of Order

Rep. Kilpatrick requested a point of order on whether the bill is properly before the House.

The question being on the point of order request made by Rep. Kilpatrick,

Rep. Kilpatrick demanded the yeas and nays.

The demand was supported.

The question being on the point of order request made by Rep. Kilpatrick,

The House ruled that the bill is properly before the House, a majority of the members present voting therefor, by yeas and nays, as follows:

Roll Call No. 440 Yeas--56

Allen Garcia Julian Richardville

Birkholz Geiger Koetje Richner

Bisbee Gilbert Kowall Rocca

Bishop Godchaux Kuipers Sanborn

Bradstreet Gosselin Kukuk Shackleton

Brown, C. Green LaSata Shulman

Byl Hager Law Stamas

Cassis Hart Mead Tabor

Caul Howell Middaugh Toy

DeRossett Jansen Mortimer Van Woerkom

DeVuyst Jelinek Pappageorge Vander Roest

DeWeese Jellema Patterson Vear

Ehardt Johnson, Rick Pumford Voorhees

Faunce Johnson, Ruth Raczkowski Woronchak

Nays--49

Baird Frank Lemmons Rivet

Basham Garza Lockwood Schauer

Bogardus Gieleghem Mans Schermesser

Bovin Hale Martinez Scott

Brater Hanley Minore Sheltrown

Brewer Hansen Neumann Spade

Brown, B. Hardman O'Neil Stallworth

Callahan Jacobs Pestka Switalski

Cherry Jamnick Price Tesanovich

Clark, I. Kelly Quarles Thomas

Daniels Kilpatrick Reeves Wojno

DeHart LaForge Rison Woodward

Dennis

In The Chair: Birkholz

______

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

The bill was read a second time.

The question being on the adoption of the proposed substitute (H-4) previously recommended by the Committee on Energy and Technology,

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

The question being on the motion made by Rep. Kilpatrick,

Rep. Kilpatrick demanded the yeas and nays.

The demand was supported.

The question being on the motion made by Rep. Kilpatrick,

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

Roll Call No. 441 Yeas--51

Baird Dennis Lemmons Schauer

Basham Frank Lockwood Schermesser

Bogardus Garza Mans Scott

Bovin Gieleghem Martinez Shackleton

Brater Hale Minore Sheltrown

Brewer Hanley Neumann Spade

Brown, B. Hansen O'Neil Stallworth

Callahan Hardman Pestka Switalski

Cherry Jacobs Price Tesanovich

Clark, I. Jamnick Quarles Thomas

Clarke, H. Kelly Reeves Wojno

Daniels Kilpatrick Rison Woodward

DeHart LaForge Rivet

Nays--56

Allen Geiger Koetje Richardville

Birkholz Gilbert Kowall Richner

Bisbee Godchaux Kuipers Rocca

Bishop Gosselin Kukuk Sanborn

Bradstreet Green LaSata Scranton

Brown, C. Hager Law Shulman

Cassis Hart Mead Stamas

Caul Howell Middaugh Tabor

DeRossett Jansen Mortimer Toy

DeVuyst Jelinek Pappageorge Van Woerkom

DeWeese Jellema Patterson Vander Roest

Ehardt Johnson, Rick Perricone Vear

Faunce Johnson, Ruth Pumford Voorhees

Garcia Julian Raczkowski Woronchak

In The Chair: Scranton

The question being on the adoption of the proposed substitute (H-4) previously recommended by the Committee on Energy and Technology,

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

Rep. Ruth Johnson moved to amend the bill as follows:

1. Amend page 16, following line 17, by inserting:

"Sec. 312. (1) Except as provided by this act, the commission shall not review or set the rates for toll service.

(2) A provider of toll service may charge the same rate for the service on its routes of similar distance.

(3) The commission shall require that toll service is universally available to all persons within the state.

(4) ALL PROVIDERS OF TOLL SERVICE SHALL MAKE AVAILABLE TO THEIR CUSTOMERS ADJACENT exchange toll calling plans as ordered by the commission on June 19, 1991. ALL PROVIDERS OF TOLL SERVICE SHALL INFORM THEIR CUSTOMERS OF THE AVAILABLE PLANS. THE PLANS shall remain in effect under this act until altered by order of the commission. A provider of toll service shall implement an optional discount plan for calling to exchanges within 20 miles of a customer's home exchange. The plan shall not violate the conditions delineated in the commission's order in case number U-9153, dated September 26, 1989.".

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

Rep. Thomas moved to reconsider the vote by which the amendment was adopted.

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

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

Rep. Thomas moved that consideration of the amendment be postponed temporarily.

The motion prevailed.

Reps. Middaugh and Garcia moved to amend the bill as follows:

1. Amend page 15, line 1, after "PROVIDER" by striking out the balance of the subdivision and inserting "PROVIDES BASIC LOCAL EXCHANGE SERVICE OR BASIC LOCAL EXCHANGE AND TOLL SERVICE TO LESS THAN 250,000 END-USERS.".

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

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

The question being on the motion made by Rep. Cherry,

Rep. Cherry demanded the yeas and nays.

The demand was supported.

The question being on the motion made by Rep. Cherry,

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

Roll Call No. 442 Yeas--50

Baird Dennis Lemmons Rivet

Basham Frank Lockwood Schauer

Bogardus Garza Mans Schermesser

Bovin Gieleghem Martinez Scott

Brater Hale Minore Sheltrown

Brewer Hanley Neumann Spade

Brown, B. Hansen O'Neil Stallworth

Callahan Hardman Pestka Switalski

Cherry Jacobs Price Tesanovich

Clark, I. Jamnick Quarles Thomas

Clarke, H. Kelly Reeves Wojno

Daniels Kilpatrick Rison Woodward

DeHart LaForge

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 Johnson, Rick Perricone Vander Roest

DeWeese Johnson, Ruth Pumford Vear

Ehardt Julian Raczkowski Voorhees

Faunce Koetje Richardville Woronchak

Garcia

In The Chair: Scranton

Reps. Middaugh and Howell moved to amend the bill as follows:

1. Amend page 4, line 18, after "PROTECT" by striking out the balance of the sentence and inserting "COMPETITIONS.".

2. Amend page 9, line 23, after "(1)" by striking out "THE" and inserting "SUBJECT TO SECTION 201, the".

3. Amend page 10, line 1, after "24.328" by striking out the balance of the sentence and inserting a period.

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

Reps. Schauer and Vander Roest moved to amend the bill as follows:

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

"SEC. 214. (1) THE COMMISSION SHALL ISSUE ORDERS THAT ASSIGN THE TELEPHONE DIGITS 2-1-1 TO COMMUNITY RESOURCE INFORMATION AND REFERRAL ANSWERING POINTS ESTABLISHED UNDER SUBSECTION (3) AND PRESCRIBE APPROPRIATE INTERCONNECTION ORDERS TO CARRY OUT THE INTENT OF THIS SECTION.

(2) EACH PROVIDER OF BASIC LOCAL EXCHANGE SERVICE IN THIS STATE SHALL ASSIGN THE TELEPHONE NUMBER 2-1-1 ONLY TO A COMMUNITY RESOURCE INFORMATION AND REFERRAL ANSWERING POINT ESTABLISHED UNDER SUBSECTION (3).

(3) THE COMMISSION SHALL DESIGNATE A COMMUNITY RESOURCE INFORMATION AND REFERRAL ENTITY TO BE THE 2-1-1 ANSWERING POINT FOR VARIOUS GEOGRAPHICAL AREAS WITHIN THIS STATE. IN MAKING ITS DETERMINATION, THE COMMISSION SHALL CONSIDER ALL OF THE FOLLOWING:

(A) THE RECOMMENDATIONS OF THE MICHIGAN ALLIANCE FOR INFORMATION AND REFERRAL SYSTEMS.

(B) WHETHER THE RELEVANT STATE-ENDORSED MULTIPURPOSE COLLABORATIVE BODIES ARE IN AGREEMENT.

(C) WHETHER THE ENTITY HAS ESTABLISHED A FRAMEWORK TO ASSURE THE PROVISION OF COVERAGE OF THE 2-1-1 TELEPHONE NUMBER 24 HOURS PER DAY, 7 DAYS PER WEEK.

(D) WHETHER THE ENTITY MEETS 2-1-1 STANDARDS ADOPTED BY THE MICHIGAN ALLIANCE FOR INFORMATION AND REFERRAL SYSTEMS.

(4) EACH COMMUNITY RESOURCE INFORMATION AND REFERRAL ENTITY DESIGNATED BY THE COMMISSION TO BE THE 2-1-1 ANSWERING POINT FOR A PARTICULAR GEOGRAPHICAL AREA WITHIN THE STATE SHALL ESTABLISH THE FRAMEWORK TO PROVIDE SUFFICIENT RESOURCES TO OPERATE THE 2-1-1 TELEPHONE NUMBER 24 HOURS PER DAY, 7 DAYS PER WEEK.".

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

The question being on the amendment offered previously by Rep. Ruth Johnson,

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

Rep. Quarles moved to amend the bill as follows:

1. Amend page 15, following line 11, by inserting:

"Sec. 304b. (1) A provider of basic local exchange service shall develop and offer various rate plans that reflect residential customer calling patterns that shall include, but not limited to, all of the following at the option of the customer unless it is not technologically feasible:

(a) A flat rate allowing unlimited personal and domestic outgoing calls.

(b) ~~A flat~~ FLAT rate CALLING PLANS allowing personal and domestic outgoing calls ~~up to~~ OF 50, 100, 150, AND 400 calls per month per line. Calls in excess of ~~400~~ EACH PLAN LIMIT per month may be charged at an incremental rate as set by the provider under section 304. If a customer has more than 1 line at the same location that appears on the customer's bill, the allowable calls under this subdivision shall be the aggregate of all the lines regardless from which line the calls originate. A person with disabilities or who is voluntarily providing a service for an organization classified by the internal revenue service as a section 501(c)(3) or (19) organization, or a congressionally chartered veterans organization or their duly authorized foundations, is exempt from the 400 calls per month limitation and shall receive a flat rate allowing unlimited calls per month. A person exempt from the call cap under this subdivision shall not be charged a rate greater than the flat rate charged other residential customers for 400 calls.

(c) A flat rate allowing personal and domestic outgoing calls of not less than 50 nor more than 150 per month, per line. Providers may offer additional plans allowing personal and domestic outgoing calls of not less than 150 per month nor more than 400 per month, per line. Calls in excess of upper per call limit per month may be charged at an incremental rate as set by the provider under section 304. If a customer has more than 1 line at the same location that appears on the customer's bill, the allowable calls under this subdivision shall be the aggregate of all the lines regardless from which line the calls originate.

(C) ~~(d)~~ A rate determined by the time duration of service usage or the distance between the points of service origination and termination.

(D) ~~(e)~~ A rate determined by the number of times the service is used.

(E) ~~(f)~~ A rate that includes 1 or more of the rates allowed by this section.

(F) ~~(g)~~ A rate that includes toll-free calling to contiguous Michigan local calling exchanges.

(2) If an option required under subsection (1) is not being offered by the provider on January 1, 1996, the provider shall set the initial rate for the option.

(3) A provider who, together with any affiliated providers, provides basic local exchange service or basic local exchange and toll service to less than 250,000 end-users in this state is not required to provide a rate plan required under subsection (1) if it is not economically feasible to provide the rate plan.".

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

Rep. Lockwood moved to amend the bill as follows:

1. Amend page 11, following line 17, by inserting:

"(4) THE COMMISSION HAS THE AUTHORITY TO APPROVE OR DENY A PROPOSED ADDITION, ELIMINATION, OR MODIFICATION OF AN AREA CODE IN THIS STATE. THE COMMISSION SHALL GIVE PUBLIC NOTICE AND SHALL CONDUCT A PUBLIC HEARING IN THE AFFECTED GEOGRAPHIC AREA BEFORE AN ADDITION, ELIMINATION, OR MODIFICATION OF AN AREA CODE IS MADE IN THIS STATE.".

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

Rep. Lockwood demanded the yeas and nays.

The demand was supported.

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

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

Roll Call No. 443 Yeas--106

Allen Faunce Kuipers Rison

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. Hansen Mortimer Stallworth

Byl Hardman Neumann Stamas

Callahan Hart O'Neil Switalski

Cassis Howell Pappageorge Tabor

Caul Jamnick Patterson Tesanovich

Cherry Jansen Perricone Thomas

Clark, I. Jelinek Pestka Toy

Clarke, H. Jellema Price Van Woerkom

Daniels Johnson, Rick Pumford Vander Roest

DeHart Johnson, Ruth Quarles Vear

Dennis Julian Raczkowski Voorhees

DeRossett Kelly Reeves Wojno

DeVuyst Kilpatrick Richardville Woodward

DeWeese Koetje Richner Woronchak

Ehardt Kowall

Nays--0

In The Chair: Scranton

Rep. Garcia moved to amend the bill as follows:

1. Amend page 16, line 18, by striking out all of section 316A and inserting:

"SEC. 316A. (1) AS USED IN THIS SECTION:

(A) "AFFORDABLE RATES" MEANS, AT A MINIMUM, RATES IN EFFECT ON JANUARY 1, 2001 OR AS DETERMINED BY THE COMMISSION.

(B) "INTRASTATE UNIVERSAL SERVICE FUND" MEANS A FUND CREATED BY THE COMMISSION TO PROVIDE A SUBSIDY TO CUSTOMERS FOR THE PROVISION OF SUPPORTED TELECOMMUNICATION SERVICES PROVIDED BY ANY TELECOMMUNICATION CARRIER.

(C) "SUPPORTED TELECOMMUNICATION SERVICES" MEANS PRIMARY RESIDENTIAL ACCESS LINES AND A MINIMUM LEVEL OF LOCAL USAGE ON THOSE LINES, AS DETERMINED BY THE COMMISSION.

(D) "UNIVERSAL SERVICE" SHALL MEAN THE PROVISION OF SUPPORTED TELECOMMUNICATION SERVICES BY ANY CARRIER.

(2) NO LATER THAN JULY 1, 2001, THE COMMISSION SHALL INITIATE AN INVESTIGATION TO DETERMINE WHETHER AN INTRASTATE UNIVERSAL SERVICE FUND SHOULD BE CREATED. THE COMMISSION SHALL COMPLETE THE INVESTIGATION NO LATER THAN DECEMBER 1, 2001. ALL PROVIDERS SHALL BE MADE RESPONDENTS IN THE PROCEEDING AND ANY OTHER INTERESTED PARTY MAY PARTICIPATE AND INTERVENE IN THE PROCEEDING.

(3) THE COMMISSION SHALL DETERMINE FOR EACH PROVIDER WHETHER AND TO WHAT EXTENT THE AFFORDABLE RATE LEVEL TO PROVIDE SUPPORTED TELECOMMUNICATION SERVICES IS BELOW EACH PROVIDER'S FORWARD LOOKING ECONOMIC COST OF THE SUPPORTED TELECOMMUNICATION SERVICES.

(4) TO THE EXTENT PROVIDERS PROVIDE SUPPORTED TELECOMMUNICATION SERVICES AT AN AFFORDABLE RATE THAT IS BELOW THE FORWARD LOOKING ECONOMIC COST OF THE SUPPORTED TELECOMMUNICATION SERVICES, THE COMMISSION SHALL CREATE A UNIVERSAL SERVICE FUND TO PROVIDE A SUBSIDY FOR CUSTOMERS IN AN AMOUNT WHICH IS EQUAL TO THE DIFFERENCE BETWEEN THE AFFORDABLE RATE AS DETERMINED BY THE COMMISSION AND THE FORWARD LOOKING ECONOMIC COST OF THE SUPPORTED SERVICES, LESS ANY FEDERAL UNIVERSAL SERVICE SUPPORT RECEIVED FOR THOSE SUPPORTED SERVICES.

(5) ELIGIBILITY FOR CUSTOMERS TO RECEIVE INTRASTATE UNIVERSAL SERVICE SUPPORT UNDER SUBSECTION (4) SHALL BE CONSISTENT WITH THE ELIGIBILITY GUIDELINES OF SECTION 254(E) OF THE TELECOMMUNICATIONS ACT OF 1996 AND THE RULES AND REGULATIONS OF THE FEDERAL COMMUNICATIONS COMMISSION. THE STATE FUND SHALL BE ADMINISTERED BY AN INDEPENDENT THIRD PARTY ADMINISTRATOR SELECTED BY THE COMMISSION.

(6) TO THE EXTENT AN INTRASTATE UNIVERSAL SERVICE FUND IS ESTABLISHED, THE COMMISSION SHALL REQUIRE THAT THE COSTS OF THE FUND BE RECOVERED FROM ALL TELECOMMUNICATION PROVIDERS ON A COMPETITIVELY NEUTRAL BASIS. PROVIDERS CONTRIBUTING TO THE INTRASTATE UNIVERSAL SERVICE FUND MAY RECOVER FROM END-USERS THE COSTS OF THE FINANCIAL SUPPORT THROUGH SURCHARGES ASSESSED ON END-USERS' BILLS.

(7) UPON REQUEST OR ON ITS OWN MOTION, THE COMMISSION, AFTER NOTICE AND HEARING, SHALL DETERMINE IF, BASED UPON CHANGES IN TECHNOLOGY OR OTHER FACTORS, THE FINDINGS MADE UNDER THIS SECTION SHOULD BE REVIEWED.".

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

Rep. Garcia moved to amend the bill as follows:

1. Amend page 23, line 24, after "SECTION," by inserting "EXCEPT FOR RATES CHARGED UNDER CONTRACT".

2. Amend page 24, line 1, after "SERVICE" by inserting "NOT OFFERED UNDER A CONTRACT".

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

Rep. Shulman moved to amend the bill as follows:

1. Amend page 23, line 22, after "(1)" by inserting "EXCEPT FOR SERVICES DETERMINED TO BE COMPETITIVE PURSUANT TO SUBSECTION (3),".

2. Amend page 23, line 23, after "ACT," by striking out "UPON" and inserting "60 DAYS AFTER".

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

______

Rep. Patterson moved that Rep. Toy be excused temporarily from today's session.

The motion prevailed.

Rep. Bob Brown moved to amend the bill as follows:

1. Amend page 24, following line 16, by inserting:

"SEC. 702. IF A CUSTOMER OF A PROVIDER OF A TELECOMMUNICATION SERVICE IS ELIGIBLE TO RECEIVE A DISCOUNT OR REDUCED RATE UNDER ANY RATE PLAN OFFERED BY THE PROVIDER, THE PROVIDER SHALL AUTOMATICALLY APPLY THE DISCOUNT OR REDUCED RATE TO THE CUSTOMER'S SERVICE PACKAGE.".

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

Rep. Bob Brown demanded the yeas and nays.

The demand was supported.

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

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

Roll Call No. 444 Yeas--53

Baird Frank LaForge Rivet

Basham Garza Lemmons Schauer

Bogardus Gieleghem Lockwood Schermesser

Bovin Hale Mans Scott

Brater Hanley Martinez Shackleton

Brewer Hansen Minore Sheltrown

Brown, B. Hardman Neumann Spade

Callahan Jacobs O'Neil Stallworth

Cherry Jamnick Pestka Switalski

Clark, I. Julian Price Tesanovich

Clarke, H. Kelly Quarles Thomas

Daniels Kilpatrick Reeves Wojno

DeHart Kowall Rison Woodward

Dennis

Nays--54

Allen Garcia Koetje Richardville

Birkholz Geiger Kuipers Richner

Bisbee Gilbert Kukuk Rocca

Bishop Godchaux LaSata Sanborn

Bradstreet Gosselin Law Scranton

Brown, C. Green Mead Shulman

Byl Hager Middaugh Stamas

Cassis Hart Mortimer Tabor

Caul Howell Pappageorge Van Woerkom

DeRossett Jansen Patterson Vander Roest

DeVuyst Jelinek Perricone Vear

DeWeese Jellema Pumford Voorhees

Ehardt Johnson, Rick Raczkowski Woronchak

Faunce Johnson, Ruth

In The Chair: Scranton

Rep. Bob Brown moved to amend the bill as follows:

1. Amend page 11, line 3, after "finds" by striking out "both" and inserting "ALL".

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

"(C) THAT THE APPLICANT WILL PROVIDE SERVICES TO EACH CLASS OF CUSTOMERS WITH ITS PROPOSED SERVICE AREA ON THE SAME BASIS AND RATIO AS IS PROVIDED BY THE INCUMBENT LOCAL EXCHANGE CARRIER.".

3. Amend page 11, line 23, after "CUSTOMERS" by striking out "OR" and inserting a comma.

4. Amend page 11, line 24, after "CUSTOMERS" by inserting a comma and "OR HAS NOT COMPLIED WITH SECTION 302(1)(C)".

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

Rep. Bob Brown demanded the yeas and nays.

The demand was supported.

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

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

Roll Call No. 445 Yeas--50

Baird DeHart LaForge Schauer

Basham Dennis Lemmons Schermesser

Bisbee Frank Lockwood Scott

Bogardus Garza Mans Shackleton

Bovin Gieleghem Martinez Sheltrown

Brater Hale Minore Spade

Brewer Hanley Neumann Stallworth

Brown, B. Hansen O'Neil Switalski

Callahan Hardman Pestka Tesanovich

Cherry Jacobs Price Thomas

Clark, I. Jamnick Reeves Wojno

Clarke, H. Kelly Rison Woodward

Daniels Kilpatrick

Nays--56

Allen Geiger Koetje Richardville

Birkholz Gilbert Kowall Richner

Bishop Godchaux Kuipers Rocca

Bradstreet Gosselin Kukuk Sanborn

Brown, C. Green LaSata Scranton

Byl Hager Law Shulman

Cassis Hart Mead Stamas

Caul Howell Middaugh Tabor

DeRossett Jansen Mortimer Toy

DeVuyst Jelinek Pappageorge Van Woerkom

DeWeese Jellema Patterson Vander Roest

Ehardt Johnson, Rick Perricone Vear

Faunce Johnson, Ruth Pumford Voorhees

Garcia Julian Raczkowski Woronchak

In The Chair: Scranton

Rep. Thomas moved to amend the bill as follows:

1. Amend page 16, line 16, after "SHALL" by striking out the balance of the subsection and inserting "BE ELIMINATED AND ANY AMOUNTS COLLECTED FOR THESE CHARGES FROM JANUARY 1, 1995 UNTIL THE EFFECTIVE DATE OF THIS SUBSECTION SHALL BE REBATED TO THE PROVIDER'S CUSTOMERS.".

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

Rep. Bob Brown moved to amend the bill as follows:

1. Amend page 24, line 7, after "A" by inserting "PROVIDER HAS COMPLIED WITH SECTION 303(1) AND ITS".

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

Rep. Bob Brown demanded the yeas and nays.

The demand was supported.

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

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

Roll Call No. 446 Yeas--50

Baird DeHart LaForge Rivet

Basham Dennis Lemmons Schauer

Bisbee Frank Lockwood Schermesser

Bogardus Garza Mans Scott

Bovin Gieleghem Martinez Shackleton

Brater Hale Minore Sheltrown

Brewer Hanley Neumann Spade

Brown, B. Hansen O'Neil Stallworth

Callahan Hardman Pestka Switalski

Cherry Jacobs Price Thomas

Clark, I. Jamnick Reeves Wojno

Clarke, H. Kelly Rison Woodward

Daniels Kilpatrick

Nays--54

Allen Gilbert Kuipers Richner

Birkholz Godchaux Kukuk Rocca

Bishop Gosselin LaSata Sanborn

Bradstreet Hager Law Scranton

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 Johnson, Ruth Pumford Vear

Faunce Julian Raczkowski Voorhees

Garcia Koetje Richardville Woronchak

Geiger Kowall

In The Chair: Scranton

Rep. Thomas moved to amend the bill as follows:

1. Amend page 11, line 1, by striking out all of section 302 and inserting:

"Sec. 302. (1) After notice and hearing, the commission shall approve an application for a license if the commission finds ~~both~~ ALL of the following:

(a) The applicant possesses sufficient technical, financial, and managerial resources and abilities to provide basic local exchange service to every person within the geographic area of the license.

(B) THE APPLICANT HAS COMMITTED TO OFFER ALL SERVICES ON A NONDISCRIMINATORY BASIS TO ALL CUSTOMERS AND CLASSES OF CUSTOMERS WHO ARE POTENTIAL USERS OF THE SERVICES WITHIN THE GEOGRAPHIC AREA OF THE LICENSE. THE SERVICES SHALL BE OFFERED WITHIN 2 YEARS OF THE FILING OF THE APPLICATION.

(2) THE COMMISSION SHALL AS A CONDITION TO THE GRANTING OF A LICENSE REQUIRE THE PROCUREMENT OF A PERFORMANCE BOND, LETTER OF CREDIT, OR OTHER INSTRUMENT OF SECURITY SUFFICIENT TO PROTECT END-USERS OF AT LEAST 100,000 DOLLARS.

(3) ~~(2)~~ The commission shall retain a copy of all granted licenses and make all information contained in the licenses available to the public.

(4) ~~(3)~~ Each provider granted a license shall retain a copy of the license at its principal place of business and make the license available for review to the public.

(5) AFTER GRANTING A LICENSE, THE COMMISSION SHALL ANNUALLY REVIEW WHETHER THE LICENSEE CONTINUES TO POSSESS THE RESOURCES AND ABILITIES SPECIFIED IN SUBSECTION (1)(A) AND IS IN COMPLIANCE WITH THE SCHEDULE REQUIRED UNDER SUBSECTION (1)(B).

(6) THE COMMISSION MAY SUSPEND OR REVOKE THE LICENSE OF ANY PROVIDER OR REQUIRE SECURITY UNDER SUBSECTION (2) IF, AFTER NOTICE AND A HEARING, IT FINDS THAT THE PROVIDER DOES NOT MEET THE REQUIREMENTS OF THIS SECTION.".

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

Rep. Daniels moved to amend the bill as follows:

1. Amend page 18, following line 22, by inserting:

"Sec. 318. (1) A provider of basic local exchange service shall not discriminate in favor of its or an affiliate's payphone service over similar services offered by another provider.

(2) A provider of payphone service shall comply with all nonstructural safeguards adopted by the federal communications commission for payphone service.

(3) A PROVIDER OF PAYPHONE SERVICE SHALL EITHER FURNISH A TELEPHONE DIRECTORY AT EACH PAYPHONE OR PROVIDE THE CALLER WITH FREE DIRECTORY ASSISTANCE.

(4) ALL PROVIDERS OF TELECOMMUNICATION SERVICES SHALL PROVIDE 5 FREE DIRECTORY ASSISTANCE CALLS PER MONTH.".

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

Rep. Daniels demanded the yeas and nays.

The demand was supported.

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

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

Roll Call No. 447 Yeas--54

Baird Faunce Mans Schauer

Basham Frank Martinez Schermesser

Bogardus Garza Minore Scott

Bovin Gieleghem Neumann Shackleton

Brater Hale O'Neil Sheltrown

Brewer Hanley Pestka Spade

Brown, B. Hardman Price Stallworth

Callahan Jacobs Quarles Switalski

Cherry Jamnick Raczkowski Tesanovich

Clark, I. Kilpatrick Reeves Thomas

Clarke, H. Kowall Rison Wojno

Daniels LaForge Rivet Woodward

DeHart Lemmons Rocca Woronchak

Dennis Lockwood

Nays--51

Birkholz Geiger Julian Richardville

Bisbee Gilbert Koetje Richner

Bishop Gosselin Kuipers Sanborn

Bradstreet Green Kukuk Scranton

Brown, C. Hager LaSata Shulman

Byl Hansen Law Stamas

Cassis Hart Mead Tabor

Caul Howell Middaugh Toy

DeRossett Jansen Mortimer Van Woerkom

DeVuyst Jelinek Pappageorge Vander Roest

DeWeese Jellema Patterson Vear

Ehardt Johnson, Rick Perricone Voorhees

Garcia Johnson, Ruth Pumford

In The Chair: Scranton

Rep. Bob Brown moved to amend the bill as follows:

1. Amend page 15, following line 11, by inserting:

"(11) IF A PROVIDER OFFERS A RATE REDUCTION OR DISCOUNT TO ITS COMMERCIAL CUSTOMERS, THE PROVIDER SHALL OFFER THE SAME RATE REDUCTION OR DISCOUNT TO ITS RESIDENTIAL CUSTOMERS.".

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

Rep. Howell moved to amend the bill as follows:

1. Amend page 4, line 25, after "REASONABLE." by inserting "IF THE COMMISSION FINDS THAT EXTRAORDINARY CIRCUMSTANCES EXIST THAT WARRANT EXPEDITED REVIEW BEFORE THE COMMISSION'S ISSUANCE OF A FINAL ORDER, IT SHALL SET A SCHEDULE PROVIDING FOR THE ISSUANCE OF A PARTIAL FINAL ORDER AS TO ALL OR PART OF THE ISSUES FOR WHICH EMERGENCY RELIEF WAS GRANTED WITHIN 90 DAYS OF THE ISSUANCE OF THE EMERGENCY RELIEF ORDER.".

2. Amend page 5, line 13, by striking out "Commission's final order OR" and inserting "SOONER OF ANY OF THE FOLLOWING:

(i) NINETY DAYS AFTER ITS ISSUANCE.

(ii) ISSUANCE OF THE COMMISSION'S PARTIAL ORDER.

(iii)".

3. Amend page 5, line 14, after "COMMISSION." by inserting "NOTWITHSTANDING THIS SUBSECTION, THE COMMISSION MAY EXTEND THE EMERGENCY RELIEF ORDER TO A DATE NO LATER THAN THE DATE ON WHICH THE FINAL ORDER IN THE PROCEEDING IS ISSUED.".

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

Rep. Scranton moved to amend the bill as follows:

1. Amend page 15, following line 11, by inserting:

"(11) A RESIDENTIAL CUSTOMER SHALL NOT BE CHARGED FOR A DIRECTORY ASSISTANCE CALL FOR A NUMBER OUTSIDE THE LATA IN WHICH THE CUSTOMER'S SERVICE ADDRESS IS LOCATED. THE CUSTOMER MAY BE ASSESSED A CHARGE FOR A DIRECTORY ASSISTANCE CALL MADE FOR A NUMBER WITHIN THE LATA OF THEIR SERVICE ADDRESS.".

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

Rep. Daniels moved to amend the bill as follows:

1. Amend page 18, following line 22, by inserting:

"Sec. 318. (1) A provider of basic local exchange service shall not discriminate in favor of its or an affiliate's payphone service over similar services offered by another provider.

(2) A provider of payphone service shall comply with all nonstructural safeguards adopted by the federal communications commission for payphone service.

(3) A PROVIDER OF PAYPHONE SERVICE SHALL EITHER FURNISH A TELEPHONE DIRECTORY AT EACH PAYPHONE OR PROVIDE THE CALLER WITH FREE DIRECTORY ASSISTANCE.".

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

Rep. Bob Brown moved to amend the bill as follows:

1. Amend page 18, following line 22, by inserting:

"(8) THE COMMISSION SHALL MAKE RECOMMENDATIONS TO THE LEGISLATURE REGARDING THE ESTABLISHMENT OF UNIVERSAL SERVICE IN THIS STATE. UNIVERSAL SERVICE SHALL NOT BE ESTABLISHED WITHOUT LEGISLATIVE APPROVAL.".

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

Rep. Bob Brown demanded the yeas and nays.

The demand was supported.

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

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

Roll Call No. 448 Yeas--45

Baird Dennis Kilpatrick Reeves

Basham Frank LaForge Rison

Bogardus Garza Lemmons Rocca

Brater Gieleghem Lockwood Schauer

Brewer Hale Mans Schermesser

Brown, B. Hanley Martinez Scott

Callahan Hansen Minore Stallworth

Cherry Hardman O'Neil Switalski

Clark, I. Jacobs Pestka Thomas

Clarke, H. Jamnick Price Wojno

Daniels Kelly Quarles Woodward

DeHart

Nays--62

Allen Gilbert Kukuk Sanborn

Birkholz Godchaux LaSata Scranton

Bisbee Gosselin Law Shackleton

Bishop Green Mead Sheltrown

Bovin Hager Middaugh Shulman

Bradstreet Hart Mortimer Spade

Brown, C. Howell Neumann Stamas

Byl Jansen Pappageorge Tabor

Cassis Jelinek Patterson Tesanovich

Caul Jellema Perricone Toy

DeRossett Johnson, Rick Pumford Van Woerkom

DeVuyst Johnson, Ruth Raczkowski Vander Roest

DeWeese Julian Richardville Vear

Ehardt Koetje Richner Voorhees

Faunce Kowall Rivet Woronchak

Garcia Kuipers

In The Chair: Scranton

Rep. Thomas moved to amend the bill as follows:

1. Amend page 21, line 12, by striking out all of section 507 and inserting:

"SEC. 507. (1) A TELECOMMUNICATIONS PROVIDER SHALL NOT INCLUDE OR ADD OPTIONAL SERVICES IN AN END-USER'S TELECOMMUNICATIONS SERVICE PACKAGE WITHOUT THE EXPRESS ORAL OR WRITTEN AUTHORIZATION OF THE END-USER.

(2) UPON THE RECEIPT OF A COMPLAINT FILED BY A PERSON ALLEGING A VIOLATION OF THIS SECTION OR UPON THE COMMISSION'S OWN MOTION, THE COMMISSION MAY CONDUCT A CONTESTED CASE AS PROVIDED UNDER SECTION 203.

(3) IF THE COMMISSION FINDS THAT A PERSON HAS VIOLATED THIS SECTION OR AN ORDER ISSUED UNDER THIS SECTION, THE COMMISSION SHALL ORDER REMEDIES AND PENALTIES TO PROTECT AND MAKE WHOLE END-USERS AND OTHER PERSONS WHO HAVE SUFFERED DAMAGES AS A RESULT OF THE VIOLATION, INCLUDING, BUT NOT LIMITED TO, 1 OR MORE OF THE FOLLOWING:

(A) ORDER THE PERSON TO PAY A FINE FOR THE FIRST OFFENSE OF NOT LESS THAN $10,000.00 OR MORE THAN $25,000.00 FOR A SECOND AND ANY SUBSEQUENT OFFENSE, THE COMMISSION SHALL ORDER THE PERSON TO PAY A FINE OF NOT LESS THAN $25,000.00 OR MORE THAN $45,000.00. IF THE COMMISSION FINDS THAT THE SECOND OR ANY OF THE SUBSEQUENT OFFENSES WERE KNOWINGLY MADE IN VIOLATION OF THIS SECTION, THE COMMISSION SHALL ORDER THE PERSON TO PAY A FINE OF NOT MORE THAN $60,000.00.

(B) ORDER THE PROVIDER TO REFUND TO THE END-USER ANY AMOUNT THE END-USER PAID TO THE PROVIDER FOR THE UNAUTHORIZED SERVICES.

(C) IF THE PERSON IS LICENSED UNDER THIS ACT, REVOKE THE LICENSE IF THE COMMISSION FINDS A PATTERN OF VIOLATIONS OF THIS SECTION.

(D) ISSUE CEASE AND DESIST ORDERS.

(4) ONE-HALF OF ANY FINES ORDERED UNDER THIS SECTION SHALL BE PAID TO THE END-USER WHO FILED THE COMPLAINT.".

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

Rep. Bisbee moved to amend the bill as follows:

1. Amend page 21, following line 11, by inserting:

"Sec. 506. (1) Upon the receipt of a complaint filed by a person alleging a violation of section 505 OR 507, an end user who has been switched to another provider OR HAD SERVICES ADDED in violation of section 505 OR 507, or a provider who has been removed as an end user's provider without the end user's authorization, or upon the commission's own motion, the commission may conduct a contested case as provided under section 203.

(2) If the commission finds that a person has violated section 505 OR 507 or an order issued under section 505 OR 507, the commission shall order remedies and penalties to protect and make whole end-users and other persons who have suffered damages as a result of the violation, including, but not limited to, 1 or more of the following:

(a) Order the person to pay a fine for the first offense of not less than $20,000.00 or more than ~~$20,000.00~~ $30,000.00. For a second and any subsequent offense, the commission shall order the person to pay a fine of not less than $30,000.00 or more than ~~$40,000.00~~ $50,000.00. If the commission finds that the second or any of the subsequent offenses were knowingly made in violation of section 505 OR 507, the commission shall order the person to pay a fine of not more than ~~$50,000.00~~ $75,000.00. Each switch made in violation of section 505 OR SERVICE ADDED IN VIOLATION OF SECTION 507 shall be a separate offense under this subdivision.

(b) Order an unauthorized provider to refund to the end-user any amount greater than the end-user would have paid to an authorized provider.

(c) Order an unauthorized provider to reimburse an authorized provider an amount equal to the amount paid by the end-user that should have been paid to the authorized provider.

(d) If the person is licensed under this act, revoke the license if the commission finds a pattern of violations of section 505 OR 507.

(e) Issue cease and desist orders.

(3) Notwithstanding subsection (2), a fine shall not be imposed for a violation of section 505 OR 507 if the provider has otherwise fully complied with ~~section 505~~ SECTIONS 505 AND 507 and shows that the violation was an unintentional and bona fide error notwithstanding the maintenance of procedures reasonably adopted to avoid the error. Examples of a bona fide error include clerical, calculation, computer malfunction, programming, or printing errors. An error in legal judgment with respect to a person's obligations under section 505 is not a bona fide error. The burden of proving that a violation was an unintentional and bona fide error is on the provider.

(4) If the commission finds that a party's complaint or defense filed under this section is frivolous, the commission shall award to the prevailing party costs, including reasonable attorney fees, against the nonprevailing party and their attorney.".

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

Reps. Thomas and Neumann moved to substitute (H-6) the bill.

The question being on the adoption of the substitute (H-6) offered by Reps. Thomas and Neumann,

Rep. Thomas demanded the yeas and nays.

The demand was supported.

The question being on the adoption of the substitute (H-6) offered by Reps. Thomas and Neumann,

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

Roll Call No. 449 Yeas--51

Baird Dennis Lemmons Schauer

Basham Frank Lockwood Schermesser

Bogardus Garza Mans Scott

Bovin Gieleghem Martinez Shackleton

Brater Hale Minore Sheltrown

Brewer Hanley Neumann Spade

Brown, B. Hansen O'Neil Stallworth

Callahan Hardman Pestka Switalski

Cherry Jacobs Price Tesanovich

Clark, I. Jamnick Quarles Thomas

Clarke, H. Kelly Reeves Wojno

Daniels Kilpatrick Rison Woodward

DeHart LaForge Rivet

Nays--55

Allen Gilbert Kowall Richner

Birkholz Godchaux Kuipers Rocca

Bisbee Gosselin Kukuk Sanborn

Bishop Green LaSata Scranton

Bradstreet Hager Law Shulman

Brown, C. Hart Mead Stamas

Byl Howell Middaugh Tabor

Cassis Jansen Mortimer Toy

Caul Jelinek Pappageorge Van Woerkom

DeRossett Jellema Patterson Vander Roest

DeVuyst Johnson, Rick Perricone Vear

Ehardt Johnson, Ruth Pumford Voorhees

Faunce Julian Raczkowski Woronchak

Garcia Koetje Richardville

In The Chair: Scranton

Rep. Thomas moved to amend the bill as follows:

1. Amend page 21, following line 11, by striking out all of section 506, by inserting:

"Sec. 506. (1) Upon the receipt of a complaint filed by a person alleging a violation of section 505 OR 507, an ~~end user~~ END-USER who has been switched to another provider OR HAD SERVICES ADDED in violation of section 505 OR 507, or a provider who has been removed as an end-user's provider without the end-user's authorization, or upon the commission's own motion, the commission may conduct a contested case as provided under section 203. THE COMMISSION SHALL CREATE, AND SHALL SUPPLY UPON REQUEST, A FORM AFFIDAVIT DESIGNED TO ENABLE AN END-USER TO PROVIDE ALL INFORMATION NECESSARY TO PROMOTE EFFICIENT RESOLUTION OF COMPLAINTS ALLEGING A VIOLATION OF SECTION 505 OR 507. HEARINGS CONDUCTED UNDER THIS SECTION SHALL COMPLY WITH THE FOLLOWING REQUIREMENTS:

(A) HEARINGS SHALL BE CONDUCTED IN A MANNER AS TO OPTIMIZE EXPEDIENCY, CONVENIENCE, AND THE ABILITY OF END-USERS TO BRING AND PROSECUTE, WITHOUT THE ASSISTANCE OF COUNSEL, COMPLAINTS ALLEGING VIOLATIONS OF SECTION 505 OR 507, WHILE PRESERVING THE RIGHTS OF THE PARTIES.

(B) IF POSSIBLE, THE COMMISSION SHALL HOLD THE HEARING AT A LOCATION NEAR THE END-USER'S RESIDENCE OR PLACE OF BUSINESS.

(C) IF THE COMPLAINANT HAS SUBMITTED AN AFFIDAVIT, ON THE FORM SUPPLIED BY THE COMMISSION OR OTHERWISE, ALLEGING FACTS SUFFICIENT TO SUPPORT A FINDING OF A VIOLATION OF SECTION 505 OR 507, THE RESPONDENT SHALL HAVE THE BURDEN OF PROVING THAT NO VIOLATION HAS OCCURRED.

(a) Order the person to pay a fine for the first offense of not less than $20,000.00 or more than ~~$20,000.00~~ $30,000.00. For a second and any subsequent offense, the commission shall order the person to pay a fine of not less than $30,000.00 or more than ~~$40,000.00~~ $50,000.00. If the commission finds that the second or any of the subsequent offenses were knowingly made in violation of section 505 OR 507, the commission shall order the person to pay a fine of not more than ~~$50,000.00~~ $70,000.00. Each switch made in violation of section 505 OR SERVICE ADDED IN VIOLATION OF 507 shall be a separate offense under this subdivision. ONE-HALF OF THE FINES ORDERED UNDER THIS SUBDIVISION SHALL BE PAID TO THE PERSON WHO WAS THE SUBJECT OF THE VIOLATION UNDER SECTION 505 OR 507.

(b) Order an unauthorized provider to refund to the end-user any amount greater than the end-user would have paid to an authorized provider.

(c) Order an unauthorized provider to reimburse an authorized provider an amount equal to the amount paid by the end-user that should have been paid to the authorized provider.

(d) If the person is licensed under this act, revoke the license if the commission finds a pattern of violations of section 505 OR 507.

(e) Issue cease and desist orders.

(3) Notwithstanding subsection (2), a fine shall not be imposed for a violation of section 505 OR 507 if the provider has otherwise fully complied with ~~section~~ SECTIONS 505 AND 507 and shows that the violation was an unintentional and bona fide error notwithstanding the maintenance of procedures reasonably adopted to avoid the error. Examples of a bona fide error include clerical, calculation, computer malfunction, programming, or printing errors. An error in legal judgment with respect to a person's obligations under section 505 is not a bona fide error. The burden of proving that a violation was an unintentional and bona fide error is on the provider.

(5) ONE-HALF OF ANY FINES ORDER UNDER SUBSECTION (2) SHALL BE PAID TO THE END-USER WHO WAS VIOLATED UNDER SECTION 505 OR 507.".

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

Rep. Quarles moved to amend the bill as follows:

1. Amend page 15, following line 11, by inserting:

(a) A flat rate allowing unlimited personal and domestic outgoing calls.

(b) ~~A flat~~ FLAT rate CALLING PLANS allowing personal and domestic outgoing calls ~~up to~~ OF 50, 100, 150, AND 500 calls per month per line. Calls in excess of ~~400~~ EACH PLAN LIMIT per month may be charged at an incremental rate as set by the provider under section 304. If a customer has more than 1 line at the same location that appears on the customer's bill, the allowable calls under this subdivision shall be the aggregate of all the lines regardless from which line the calls originate. A person with disabilities or who is voluntarily providing a service for an organization classified by the internal revenue service as a section 501(c)(3) or (19) organization, or a congressionally chartered veterans organization or their duly authorized foundations, is exempt from the 400 calls per month limitation and shall receive a flat rate allowing unlimited calls per month. A person exempt from the call cap under this subdivision shall not be charged a rate greater than the flat rate charged other residential customers for 400 calls.

(C) ~~(d)~~ A rate determined by the time duration of service usage or the distance between the points of service origination and termination.

(D) ~~(e)~~ A rate determined by the number of times the service is used.

(E) ~~(f)~~ A rate that includes 1 or more of the rates allowed by this section.

(F) ~~(g)~~ A rate that includes toll-free calling to contiguous Michigan local calling exchanges.

(2) If an option required under subsection (1) is not being offered by the provider on January 1, 1996, the provider shall set the initial rate for the option.

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. 450 Yeas--49

Baird Dennis LaForge Rivet

Basham Frank Lemmons Schauer

Bogardus Garza Lockwood Schermesser

Bovin Gieleghem Mans Scott

Brater Hale Minore Sheltrown

Brewer Hanley Neumann Spade

Brown, B. Hansen O'Neil Stallworth

Callahan Hardman Pestka Switalski

Cherry Jacobs Price Tesanovich

Clark, I. Jamnick Quarles Thomas

Clarke, H. Kelly Reeves Wojno

Daniels Kilpatrick Rison Woodward

DeHart

Nays--57

Allen Gilbert Kowall Richner

Birkholz Godchaux Kuipers Rocca

Bisbee Gosselin Kukuk 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 Johnson, Ruth Pumford Vear

Ehardt Julian Raczkowski Voorhees

Faunce Koetje Richardville Woronchak

Garcia

In The Chair: Scranton

Rep. Bisbee moved to amend the bill as follows:

1. Amend page 16, following line 17, after section 312, following subsection (4), by inserting:

"(5) A PROVIDER SHALL NOT CHARGE A MANDATORY MINIMUM MONTHLY OF MANDATORY FLAT-RATE CHARGE FOR TOLL CALLS EXCEPT IN CONNECTION WITH AN OPTIONAL DISCOUNT TOLL CALLING PLAN.".

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

Rep. Daniels moved to amend the bill as follows:

1. Amend page 18, following line 22, by inserting:

"Sec. 318. (1) A provider of basic local exchange service shall not discriminate in favor of its or an affiliate's payphone service over similar services offered by another provider.

(2) A provider of payphone service shall comply with all nonstructural safeguards adopted by the federal communications commission for payphone service.

(3) A PROVIDER OF PAYPHONE SERVICE SHALL FURNISH A TELEPHONE DIRECTORY AT EACH PAYPHONE AND/OR PROVIDE THE CALLER WITH FREE DIRECTORY ASSISTANCE.".

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

Rep. Daniels demanded the yeas and nays.

The demand was supported.

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

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

Roll Call No. 451 Yeas--48

Baird Dennis Lemmons Schauer

Basham Garza Lockwood Schermesser

Bogardus Gieleghem Mans Scott

Bovin Hale Minore Shackleton

Brewer Hanley Neumann Sheltrown

Brown, B. Hansen O'Neil Spade

Callahan Hardman Pestka Stallworth

Cherry Jacobs Price Switalski

Clark, I. Jamnick Quarles Tesanovich

Clarke, H. Kelly Reeves Thomas

Daniels Kilpatrick Rison Wojno

DeHart LaForge Rivet Woodward

Nays--57

Allen Geiger Koetje Richardville

Birkholz Gilbert Kowall Richner

Bisbee Godchaux Kuipers Rocca

Bishop Gosselin Kukuk Sanborn

Bradstreet Green LaSata Scranton

Brown, C. Hager Law Shulman

Byl Hart Mead Stamas

Cassis Howell Middaugh Tabor

Caul Jansen Mortimer Toy

DeRossett Jelinek Pappageorge Van Woerkom

DeVuyst Jellema Patterson Vander Roest

DeWeese Johnson, Rick Perricone Vear

Ehardt Johnson, Ruth Pumford Voorhees

Faunce Julian Raczkowski Woronchak

Garcia

In The Chair: Scranton

Rep. Bob Brown moved to amend the bill as follows:

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

"Sec. 301. (1) A telecommunication provider shall not provide or resell basic local exchange service in this state, without a license issued from the commission pursuant to this act.

(2) Pending the determination of an application for a license, the commission without notice and hearing may issue a temporary license for a period not to exceed 1 year.

(3) FOR PURPOSES OF THIS SECTION, A HOTEL, INN OR LODGING HOUSE AS DEFINED IN 1913 PA 188, MCL 427.1, THAT IMPOSES OR PERMITS THE IMPOSITION OF A CHARGE FOR MAKING A LOCAL CALL SHALL BE CONSIDERED TO BE A RESELLER OF BASIC LOCAL EXCHANGE SERVICE.".

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

Rep. Hale moved to amend the bill as follows:

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

"SEC. 304C. ALL FUNDS RECEIVED BY A PAY-PHONE PROVIDER IN EXCESS OF THE AMOUNT THE PROVIDER ACTUALLY CHARGED THE END-USER SHALL BE CONTRIBUTED TO A FUND TO BE CREATED BY THE COMMISSION TO ASSIST LOW-INCOME AND SENIOR CITIZEN CUSTOMERS IN RECEIVING AFFORDABLE TELECOMMUNICATION SERVICES.".

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

Rep. Hale demanded the yeas and nays.

The demand was supported.

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

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

Roll Call No. 452 Yeas--55

Basham Garza Lockwood Schermesser

Bogardus Gieleghem Mans Scott

Bovin Gilbert Martinez Shackleton

Brater Hager Minore Sheltrown

Brewer Hale Neumann Spade

Brown, B. Hardman O'Neil Stallworth

Clark, I. Jacobs Pestka Switalski

Clarke, H. Jamnick Price Tesanovich

Daniels Julian Quarles Thomas

DeHart Kelly Reeves Van Woerkom

Dennis Kilpatrick Rison Wojno

DeWeese Kowall Rivet Woodward

Faunce LaForge Rocca Woronchak

Frank Lemmons Schauer

Nays--47

Allen Godchaux Kuipers Richardville

Birkholz Gosselin Kukuk Richner

Bisbee Green LaSata Sanborn

Bishop Hansen Law Scranton

Bradstreet Hart Mead Shulman

Brown, C. Howell Middaugh Stamas

Byl Jansen Mortimer Tabor

Cassis Jelinek Pappageorge Toy

Caul Jellema Patterson Vander Roest

DeRossett Johnson, Rick Perricone Vear

DeVuyst Johnson, Ruth Pumford Voorhees

Garcia Koetje Raczkowski

In The Chair: Scranton

Reps. Shulman and Neumann moved to amend the bill as follows:

1. Amend page 16, line 16, after "SHALL" by striking out the balance of the sentence and inserting "BE SET BY THE COMMISSION.".

The question being on the adoption of the amendment offered by Reps. Shulman and Neumann,

Rep. Shulman demanded the yeas and nays.

The demand was supported.

The question being on the adoption of the amendment offered by Reps. Shulman and Neumann,

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

Roll Call No. 453 Yeas--77

Allen Ehardt Kowall Sanborn

Baird Faunce Kukuk Schauer

Birkholz Frank LaForge Schermesser

Bishop Garza LaSata Scott

Bogardus Geiger Lemmons Shackleton

Bovin Gieleghem Lockwood Sheltrown

Bradstreet Gilbert Mans Shulman

Brater Gosselin Martinez Spade

Brewer Hager Mortimer Stamas

Brown, B. Hansen Neumann Switalski

Brown, C. Hardman O'Neil Tabor

Byl Hart Pappageorge Tesanovich

Callahan Howell Patterson Toy

Cassis Jacobs Pestka Van Woerkom

Caul Jamnick Pumford Vear

Cherry Jansen Raczkowski Voorhees

Clarke, H. Johnson, Ruth Richardville Wojno

DeHart Julian Richner Woodward

Dennis Kelly Rocca Woronchak

DeWeese

Nays--28

Basham Green Kuipers Reeves

Bisbee Hale Law Rison

Clark, I. Jelinek Mead Rivet

DeRossett Jellema Middaugh Scranton

DeVuyst Johnson, Rick Perricone Stallworth

Garcia Kilpatrick Price Thomas

Godchaux Koetje Quarles Vander Roest

In The Chair: Scranton

Rep. Thomas moved to amend the bill as follows:

1. Amend page 23, line 25, after "ICE" by inserting "AND SERVICES LISTED IN SECTION 401".

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

Rep. Thomas demanded the yeas and nays.

The demand was supported.

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

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

Roll Call No. 454 Yeas--81

Baird Ehardt Lemmons Sanborn

Basham Faunce Lockwood Schauer

Birkholz Frank Mans Schermesser

Bisbee Garza Martinez Scott

Bishop Gieleghem Middaugh Scranton

Bogardus Godchaux Minore Shackleton

Bovin Hale Neumann Sheltrown

Brater Hansen O'Neil Spade

Brewer Hardman Pappageorge Stallworth

Brown, B. Howell Patterson Stamas

Brown, C. Jacobs Pestka Switalski

Byl Jamnick Price Tabor

Callahan Jellema Pumford Tesanovich

Cassis Johnson, Ruth Quarles Thomas

Caul Julian Raczkowski Toy

Cherry Kelly Reeves Van Woerkom

Clark, I. Kilpatrick Richner Vander Roest

Clarke, H. Koetje Rison Wojno

DeHart LaForge Rivet Woodward

Dennis Law Rocca Woronchak

DeWeese

Nays--25

Allen Gosselin Johnson, Rick Mortimer

Bradstreet Green Kowall Perricone

DeRossett Hager Kuipers Richardville

DeVuyst Hart Kukuk Shulman

Garcia Jansen LaSata Vear

Geiger Jelinek Mead Voorhees

Gilbert

In The Chair: Scranton

Rep. Hale moved to amend the bill as follows:

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

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

Rep. Hale demanded the yeas and nays.

The demand was supported.

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

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

Roll Call No. 455 Yeas--55

Baird Faunce Lemmons Rocca

Basham Frank Lockwood Schauer

Bogardus Garza Mans Schermesser

Bovin Gieleghem Martinez Scott

Brater Hale Minore Shackleton

Brewer Hanley Neumann Sheltrown

Brown, B. Hansen O'Neil Spade

Callahan Hardman Pestka Stallworth

Cherry Jacobs Price Switalski

Clark, I. Jamnick Quarles Tesanovich

Clarke, H. Julian Reeves Thomas

DeHart Kelly Richardville Wojno

Dennis Kilpatrick Rison Woodward

DeWeese LaForge Rivet

Nays--51

Allen Gilbert Kowall Richner

Birkholz Godchaux Kuipers Sanborn

Bisbee Gosselin Kukuk Scranton

Bishop Green LaSata Shulman

Bradstreet Hager Law Stamas

Brown, C. Hart Mead Tabor

Byl Howell Middaugh Toy

Cassis Jansen Mortimer Van Woerkom

Caul Jelinek Pappageorge Vander Roest

DeRossett Jellema Patterson Vear

DeVuyst Johnson, Rick Perricone Voorhees

Ehardt Johnson, Ruth Pumford Woronchak

Garcia Koetje Raczkowski

In The Chair: Scranton

Rep. Bisbee moved to amend the bill as follows:

1. Amend page 16, line 12, after "reduced" by striking out "under section 304a".

2. Amend page 16, line 14, after "amount." by inserting "THE COMMISSION SHALL INVESTIGATE AND ENSURE THAT THE PROVIDER HAS COMPLIED WITH THIS SUBSECTION.".

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

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.

By unanimous consent the House returned to the order of

Third Reading of Bills

House Bill No. 5721, entitled

A bill to amend 1991 PA 179, entitled "Michigan telecommunications act," by amending sections 101 and 304 (MCL 484.2101 and 484.2304), as amended by 1995 PA 216, and by adding section 214.

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

Roll Call No. 456 Yeas--72

Allen Garcia Kuipers Richner

Birkholz Geiger Kukuk Rocca

Bisbee Gilbert LaSata Sanborn

Bishop Godchaux Law Schauer

Bogardus Gosselin Lockwood Scranton

Bradstreet Green Mans Shackleton

Brown, B. Hager Mead Sheltrown

Brown, C. Hansen Middaugh Shulman

Byl Hart Mortimer Spade

Callahan Howell Neumann Stamas

Cassis Jansen O'Neil Tabor

Caul Jelinek Pappageorge Toy

DeRossett Jellema Patterson Van Woerkom

DeVuyst Johnson, Rick Perricone Vander Roest

DeWeese Johnson, Ruth Pestka Vear

Ehardt Julian Pumford Voorhees

Faunce Koetje Raczkowski Wojno

Frank Kowall Richardville Woronchak

Nays--36

Baird DeHart Kelly Rison

Basham Dennis Kilpatrick Rivet

Bovin Garza LaForge Schermesser

Brater Gieleghem Lemmons Scott

Brewer Hale Martinez Stallworth

Cherry Hanley Minore Switalski

Clark, I. Hardman Price Tesanovich

Clarke, H. Jacobs Quarles Thomas

Daniels Jamnick 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 1991 PA 179, entitled "Michigan telecommunications act," by amending sections 101, 103, 201, 203, 203a, 213, 302, 303, 304, 310, 312, 502, 503, 506, and 601 (MCL 484.2101, 484.2103, 484.2201, 484.2203, 484.2203a, 484.2213, 484.2302, 484.2303, 484.2304, 484.2310, 484.2312, 484.2502, 484.2503, 484.2506, and 484.2601), sections 101, 203, 213, 303, 304, 310, 312, and 601 as amended and sections 203a, 502, and 503 as added by 1995 PA 216 and section 506 as added by 1998 PA 259, and by adding sections 214, 316a, 507, and 701; and to repeal acts and parts of acts.

The motion prevailed.

The House agreed to the title as amended.

Reps. Birkholz, Bradstreet, Cameron Brown, Callahan, Cassis, DeRossett, Ehardt, Garcia, Gosselin, Hart, Howell, Jansen, Jelinek, Ruth Johnson, Kuipers, Kukuk, LaSata, Mortimer, Pappageorge, Raczkowski, Richardville, Rocca, Sanborn, Shackleton, Shulman, Vear and Voorhees were named co-sponsors of the bill.

______

Reps. Garza, Clark, Jamnick, Basham, Clarke, Hardman, Lemmons, Jacobs 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 House Bill 5721 (H-4) because this bill fails to provide any significant savings to people who are paying too much for monopolized telephone service in Michigan. I supported a substitute bill which would have provided consumers with millions of dollars in savings by eliminating state access charges, eliminating automatic rate increases, and providing much deeper rate cuts than House Bill 5721 (H-4). Unfortunately, this substitute was rejected by the Majority party. In 1995, when telecommunications deregulation first passed the state legislature, the House Republican Majority was responsible for its passage. That proposal has obviously failed to provide consumers with significant savings and has failed to inject competition in to the telecommunications marketplace. I fear that this approach by the Republican Majority is more of the same--a repeat of the mistakes made in 1995. House Bill 5721 (H-4) does not go far enough to protect consumers, or provide them with substantive rate relief. I therefore vote no."

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

"Mr. Speaker and members of the House:

This bill purports to be a rate cut but in reality, it fails to provide a significant rate cut for residential customers in Michigan.

I suggested a substitute bill which would have provided real costs savings and real protections.

Furthermore, this bill fails to deal with the important issues of furthering competition and outdated zones that inflate phone rates for customers in Macomb County."

Rep. Hale, 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:

With the passage of House Bill 5721, we have failed the telephone consumers of our state. The legislature in its attempt to pass the legislation by a party line vote during the committee process, included several amendments offered by members of the minority caucus. We did not look at providing affordable services to low-income and senior citizen consumers. We did not attempt to address the need for more equitable calling plans for our constituents. We failed to develop fair and reasonable market strategies to deal with the ever growing market place. We did not lower the costs of intra-lata calls on our constituents. In years to come our constituents will be very upset with the legislature of 2000 when the final verdict on this issue when it comes to light."

Second Reading of Bills

House Bill No. 5624, entitled

A bill to amend 1949 PA 300, entitled "Michigan vehicle code," by amending sections 675d and 742 (MCL 257.675d and 257.742), section 675d as amended by 1992 PA 230 and section 742 as amended by 1998 PA 68.

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

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

Rep. Voorhees 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. Voorhees moved to amend the bill as follows:

1. Amend page 7, line 3, after "(1)" by striking out the balance of the line through "STATE" on line 4 and inserting "A law enforcement agency".

2. Amend page 7, line 16, after "government." by inserting "A LAW ENFORCEMENT AGENCY OF A LOCAL UNIT OF GOVERNMENT SHALL NOT IMPLEMENT OR ADMINISTER A PROGRAM UNDER THIS SECTION WITHOUT THE SPECIFIC AUTHORIZATION OF THE GOVERNING BODY OF THAT LOCAL UNIT OF GOVERNMENT.".

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

Rep. Voorhees 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.

______

The Speaker Pro Tempore resumed the Chair.

By unanimous consent the House returned to the order of

Third Reading of Bills

House Bill No. 5624, 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. 457 Yeas--92

Allen Faunce Koetje Richner

Baird Frank Kowall Rivet

Basham Garcia Kuipers Rocca

Birkholz Geiger Kukuk Sanborn

Bisbee Gieleghem LaForge Schauer

Bishop Gilbert LaSata Schermesser

Bogardus Godchaux Law Scranton

Bovin Gosselin Lemmons Shackleton

Bradstreet Green Lockwood Sheltrown

Brown, B. Hager Mans Shulman

Brown, C. Hanley Mead Spade

Byl Hansen Middaugh Stamas

Callahan Hart Minore Switalski

Cassis Howell Mortimer Tabor

Caul Jacobs Neumann Thomas

Cherry Jamnick O'Neil Toy

Clarke, H. Jansen Pappageorge Van Woerkom

DeHart Jelinek Patterson Vander Roest

Dennis Jellema Perricone Vear

DeRossett Johnson, Rick Pestka Voorhees

DeVuyst Johnson, Ruth Pumford Wojno

DeWeese Julian Raczkowski Woodward

Ehardt Kelly Richardville Woronchak

Nays--16

Brater Garza Martinez Rison

Brewer Hale Price Scott

Clark, I. Hardman Quarles Stallworth

Daniels Kilpatrick Reeves Tesanovich

In The Chair: Birkholz

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 1949 PA 300, entitled "Michigan vehicle code," by amending sections 629e, 674, 675d, and 742 (MCL 257.629e, 257.674, 257.675d, and 257.742), section 629e as amended by 1991 PA 163, section 674 as amended by 2000 PA 76, section 675d as amended by 1992 PA 230, and section 742 as amended by 1998 PA 68.

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.

Second Reading of Bills

Senate Bill No. 965, 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, 2001; 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.

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

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

Rep. LaSata 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. DeWeese moved that Rep. Voorhees be excused temporarily from today's session.

The motion prevailed.

Rep. Frank moved to amend the bill as follows:

1. Amend page 20, following line 5, by inserting:

"Sec. 218. Funds appropriated in part 1 shall not be used to produce or distribute potatoes.".

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

Rep. Frank demanded the yeas and nays.

The demand was supported.

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

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

Roll Call No. 458 Yeas--41

Baird Gieleghem Martinez Rivet

Basham Hale Mead Schauer

Bogardus Hanley Minore Schermesser

Bovin Hansen Neumann Scott

Brater Hardman O'Neil Shackleton

Callahan Kelly Pestka Sheltrown

Cherry Kilpatrick Price Stallworth

Clark, I. LaForge Quarles Tesanovich

Daniels Lemmons Reeves Thomas

Dennis Mans Rison Woodward

Frank

Nays--65

Allen Faunce Johnson, Ruth Richardville

Birkholz Garcia Julian Richner

Bisbee Geiger Koetje Rocca

Bishop Gilbert Kowall Sanborn

Bradstreet Godchaux Kuipers Scranton

Brewer Gosselin Kukuk Shulman

Brown, B. Green LaSata Spade

Brown, C. Hager Law Stamas

Byl Hart Lockwood Switalski

Cassis Howell Middaugh Tabor

Caul Jacobs Mortimer Toy

Clarke, H. Jamnick Pappageorge Van Woerkom

DeHart Jansen Patterson Vander Roest

DeRossett Jelinek Perricone Vear

DeVuyst Jellema Pumford Wojno

DeWeese Johnson, Rick Raczkowski Woronchak

Ehardt

In The Chair: Birkholz

Rep. Cherry moved to amend the bill as follows:

1. Amend page 20, following line 5, by inserting:

"Sec. 218. The department shall report by April 1, 2001 to the senate and house of representatives appropriations subcommittees on corrections, the senate and house fiscal agencies, and the state budget director on the amount of milk and milk products produced and distributed, by month and location, during the preceding fiscal year.".

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

______

Rep. Stamas moved that Rep. Pappageorge be excused temporarily from today's session.

The motion prevailed.

Rep. Godchaux moved that Rep. Scranton be excused temporarily from today's session.

The motion prevailed.

Rep. Cherry moved to amend the bill as follows:

1. Amend page 20, following line 5, following section 218, by inserting:

"Sec. 219. (1) The department shall monthly calculate the savings accruing through clinical care services provided through contract with correctional medical services, inc., or its subsidiary or parent organizations, under the contract amendment approved by the state administrative board on May 2, 2000, and any similar contract amendments. These savings shall be deposited in a separate account. At the end of the fiscal year, the funds in the special account shall not revert to the general fund, but instead shall be allocated for substance abuse treatment programs designed to reduce offender recidivism.

(2) The department shall provide to the senate and house appropriations subcommittees on corrections, the senate and house fiscal agencies, and the state budget director quarterly reports on the balance of the special account. Quarterly reports shall also identify the clinical accounts from which savings accrued and describe the source of the savings within those accounts.

(3) By September 30, 2001, the department shall provide the senate and house appropriations subcommittees on corrections, the senate and house fiscal agencies, and the state budget director with a report that identifies the current and projected balance of the special account and sets forth a plan for the expenditure of the account on substance abuse treatment programs designed to reduce offender recidivism.".

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

Rep. Cherry demanded the yeas and nays.

The demand was supported.

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

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

Roll Call No. 459 Yeas--49

Baird Garza Lockwood Rivet

Basham Gieleghem Mans Schauer

Bogardus Hale Martinez Schermesser

Bovin Hanley Minore Scott

Brewer Hansen Neumann Sheltrown

Callahan Hardman O'Neil Spade

Cherry Jacobs Pestka Stallworth

Clark, I. Jamnick Price Switalski

Clarke, H. Kelly Quarles Tesanovich

Daniels Kilpatrick Reeves Thomas

DeHart LaForge Richner Wojno

Dennis Lemmons Rison Woodward

Frank

Nays--56

Allen Faunce Johnson, Ruth Pumford

Birkholz Garcia Julian Raczkowski

Bisbee Geiger Koetje Richardville

Bishop Gilbert Kowall Rocca

Bradstreet Godchaux Kuipers Sanborn

Brown, B. Gosselin Kukuk Shackleton

Brown, C. Green LaSata Shulman

Byl Hager Law Stamas

Cassis Hart Mead Tabor

Caul Howell Middaugh Toy

DeRossett Jansen Mortimer Van Woerkom

DeVuyst Jelinek Pappageorge Vander Roest

DeWeese Jellema Patterson Vear

Ehardt Johnson, Rick Perricone Woronchak

In The Chair: Birkholz

Rep. Cherry moved to amend the bill as follows:

1. Amend page 41, following line 7, by inserting:

"Sec. 904. (1) Funds appropriated in part 1 shall not be used to pay charges for goods or services provided through contract with correctional medical services, inc., or a subsidiary or parent organization of correctional medical services, inc., unless the goods or services were provided under a contract entered into before June 1, 2000 or were provided under a contract entered into on or after June 1, 2000 for which an invitation to bid has been issued for the goods or services in question, and correctional medical services, inc., or its subsidiary or parent organization, was the successful bidder under customary department of management and budget procedures developed in accordance with the management and budget act, 1984 PA 431.".

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

Rep. Cherry demanded the yeas and nays.

The demand was supported.

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

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

Roll Call No. 460 Yeas--53

Baird Frank Lemmons Rivet

Basham Garcia Lockwood Schauer

Bogardus Garza Mans Schermesser

Bovin Gieleghem Martinez Scott

Brater Hale Minore Shackleton

Brewer Hanley Mortimer Sheltrown

Brown, B. Hansen Neumann Spade

Callahan Hardman O'Neil Stallworth

Cherry Jacobs Pestka Switalski

Clark, I. Jamnick Price Tesanovich

Clarke, H. Kelly Quarles Thomas

Daniels Kilpatrick Reeves Wojno

DeHart LaForge Rison Woodward

Dennis

Nays--54

Allen Geiger Koetje Richardville

Birkholz Gilbert Kowall Richner

Bisbee Godchaux Kuipers Rocca

Bishop Gosselin Kukuk Sanborn

Bradstreet Green LaSata Scranton

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 Johnson, Ruth Raczkowski Woronchak

Faunce Julian

In The Chair: Birkholz

Rep. Stallworth moved to amend the bill as follows:

1. Amend page 35, following line 13, by inserting:

"(d) The felon is a parolee convicted on a new felony charge and sentenced to jail.".

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

Rep. Stallworth demanded the yeas and nays.

The demand was supported.

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

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

Roll Call No. 461 Yeas--50

Baird Dennis Lemmons Rivet

Basham Frank Lockwood Schauer

Bogardus Garza Mans Schermesser

Bovin Gieleghem Martinez Scott

Brater Hale Minore Sheltrown

Brewer Hanley Neumann Spade

Brown, B. Hansen O'Neil Stallworth

Callahan Hardman Pestka Switalski

Cherry Jacobs Price Tesanovich

Clark, I. Jamnick Quarles Thomas

Clarke, H. Kelly Reeves Wojno

Daniels Kilpatrick Rison Woodward

DeHart LaForge

Nays--56

Allen Garcia Julian Raczkowski

Birkholz Geiger Koetje Richardville

Bisbee Gilbert Kowall Richner

Bishop Godchaux Kuipers Rocca

Bradstreet Gosselin Kukuk Sanborn

Brown, C. Green LaSata Shackleton

Byl Hager Law Shulman

Cassis Hart Mead Stamas

Caul Howell Middaugh Tabor

DeRossett Jansen Mortimer Toy

DeVuyst Jelinek Pappageorge Van Woerkom

DeWeese Jellema Patterson Vander Roest

Ehardt Johnson, Rick Perricone Vear

Faunce Johnson, Ruth Pumford Woronchak

In The Chair: Birkholz

Rep. LaSata moved to amend the bill as follows:

1. Amend page 17, line 1, after "least" by striking out "60" and inserting "120".

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

Rep. Brater moved to amend the bill as follows:

1. Amend page 20, following line 5, following section 218, by inserting:

"Sec. 219. (1) Not later than July 1 of every odd numbered year beginning with 2001, the department of corrections, in conjunction with the department of community health, shall submit a report to the legislature, the house and senate appropriations subcommittees on corrections, and the house and senate fiscal agencies, based on a joint evaluation, that includes, but is not limited to, all of the following with respect to the 2-year period preceding the report:

(a) A description of the provision of mental health services to prisoners.

(b) The total number of prisoners served.

(c) The number of hearings held pursuant to section 1003c of the mental health code, 1974 PA 258, MCL 330.2003c, and the disposition of each hearing.

(d) The number of developmentally disabled prisoners in the corrections system and a description of the services those prisoners received.

(e) The number of prisoners in the corrections system with a dual diagnosis of both a mental illness and a substance abuse problem and a description of the services those prisoners received.

(f) The number of prisoners in the corrections system who received substance abuse treatment or rehabilitation services and a description of the services those prisoners received.

(g) The number of prisoners with a history of inpatient hospitalization in a state-operated psychiatric hospital, unit, or center and a description of the services those prisoners received.

(h) The number of prisoners who are persons requiring treatment as defined in section 401 of the mental health code, 1974 PA 258, MCL 330.1401, and a description of the services those prisoners received.

(i) The characteristics of the prisoners served and a description of the services they received, including, but not limited to, the length of stay in the corrections mental health program and the type of treatment received.

(j) The number of prisoners receiving services described in subdivisions (a) to (i) in administrative segregation and a breakdown of the services to those prisoners.

(2) The report required under subsection (1) shall include recommendations for appropriate changes in mental health programs for prisoners.".

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

Rep. Brater demanded the yeas and nays.

The demand was supported.

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

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

Roll Call No. 462 Yeas--51

Baird Dennis LaForge Schauer

Basham Frank Lemmons Schermesser

Bogardus Garza Lockwood Scott

Bovin Gieleghem Mans Sheltrown

Brater Hager Martinez Spade

Brewer Hale Minore Stallworth

Brown, B. Hanley Neumann Switalski

Callahan Hansen Pestka Tesanovich

Cherry Hardman Price Thomas

Clark, I. Jacobs Quarles Van Woerkom

Clarke, H. Jamnick Reeves Wojno

Daniels Kelly Rison Woodward

DeHart Kilpatrick Rivet

Nays--54

Allen Garcia Koetje Raczkowski

Birkholz Geiger Kowall Richardville

Bisbee Gilbert Kuipers Richner

Bishop Godchaux Kukuk Rocca

Bradstreet Gosselin LaSata Sanborn

Brown, C. Green Law Shackleton

Byl Hart Mead Shulman

Cassis Howell Middaugh Stamas

Caul Jansen Mortimer Tabor

DeRossett Jelinek Pappageorge Toy

DeVuyst Jellema Patterson Vander Roest

DeWeese Johnson, Rick Perricone Vear

Ehardt Johnson, Ruth Pumford Woronchak

Faunce Julian

In The Chair: Birkholz

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. Vander Roest 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

Senate Bill No. 965, 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. 463 Yeas--94

Allen Ehardt Kowall Rivet

Baird Faunce Kuipers Rocca

Basham Frank Kukuk Sanborn

Birkholz Garcia LaSata Schauer

Bisbee Geiger Law Schermesser

Bishop Gieleghem Lemmons Scranton

Bogardus Gilbert Lockwood Shackleton

Bovin Godchaux Mans Sheltrown

Bradstreet Green Mead Shulman

Brown, B. Hager Middaugh Spade

Brown, C. Hale Mortimer Stallworth

Byl Hanley Neumann Stamas

Callahan Hansen O'Neil Switalski

Cassis Hart Pappageorge Tabor

Caul Howell Patterson Tesanovich

Cherry Jacobs Pestka Thomas

Clark, I. Jansen Price Toy

Clarke, H. Jelinek Pumford Van Woerkom

Daniels Jellema Quarles Vander Roest

DeHart Johnson, Rick Raczkowski Vear

Dennis Johnson, Ruth Richardville Wojno

DeRossett Julian Richner Woodward

DeVuyst Kelly Rison Woronchak

DeWeese Koetje

Nays--12

Brater Gosselin Kilpatrick Minore

Brewer Hardman LaForge Reeves

Garza Jamnick Martinez Scott

In The Chair: Birkholz

The House agreed to the title of the bill.

______

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:

exceeds the rate of inflation for the past year. If the goal is to lock up more prisoners for a longer time, then the department needs to take a more aggressive role in reducing costs by privatizing services and seeking other efficiencies. If to reduce costs it is necessary to make life harder for prisoners, so be it. For these reasons, I must vote 'no' on this budget. This is almost up to 9% more than last year."

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

"Mr. Speaker and members of the House:

I oppose adoption of the Correction budget for several reasons:

(1) It continues warehousing prisoners with little and/or inadequate rehabilitation efforts; and

(2) The budget passes on costs to local government and local jails, in particular, and

(3) The budget includes a contract of significant cost that was not competitively bid and which will be extended virtually automatically and without bids; and

(4) The budget fails to adequately address issues surrounding the incarceration of mentally ill prisoners with little or no treatment."

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 vote no on the Corrections budget because I believe we must begin to spend more dollars for education and health services for our Michigan residents. Dollars spent for these efforts have the potential to reduce our need for warehousing people in jails and persons. In my opinion it is obscene to spend nearly 4 times as much to support a person in prison than to educate a child."

______

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

Rep. Spade moved that Rep. Mans be excused temporarily from today's session.

The motion prevailed.

Second Reading of Bills

Senate Bill No. 963, entitled

A bill to make appropriations for community colleges and certain state purposes related to education for the fiscal year ending September 30, 2001; to provide for the expenditures of those appropriations; to establish or continue certain funds, programs, and categories; and to prescribe the powers and duties of certain state departments, institutions, agencies, employees, and officers.

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

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

Rep. Scott moved to amend the bill as follows:

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

"Highland Park College $ 6,545,650"

and adjusting the subtotals, totals, and section 201 accordingly.

2. Amend page 16, following line 12, by inserting:

"Sec. 236. Upon the establishment of a community college district pursuant to the community college act of 1966, 1966 PA 331, MCL 389.1 to 389.195, the funds appropriated under part 1 shall be used for start-up costs for the new community college under a board of trustees separate and distinct from the board of the school district.".

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

Rep. Scott demanded the yeas and nays.

The demand was supported.

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

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

Roll Call No. 464 Yeas--49

Baird Garza LaForge Rocca

Basham Gieleghem Law Schauer

Bogardus Godchaux Lemmons Schermesser

Bovin Hale Lockwood Scott

Brater Hanley Martinez Scranton

Brown, B. Hansen Minore Stallworth

Callahan Hardman O'Neil Switalski

Cherry Jacobs Price Tesanovich

Clark, I. Jamnick Quarles Thomas

Clarke, H. Kelly Reeves Toy

Daniels Kilpatrick Rison Wojno

DeHart Kowall Rivet Woodward

Dennis

Nays--51

Allen Garcia Koetje Richner

Birkholz Gilbert Kuipers Sanborn

Bisbee Gosselin Kukuk Shackleton

Bishop Green LaSata Sheltrown

Bradstreet Hager Mead Shulman

Brown, C. Hart Middaugh Spade

Byl Howell Mortimer Stamas

Cassis Jansen Pappageorge Tabor

Caul Jelinek Patterson Van Woerkom

DeRossett Jellema Pestka Vander Roest

DeVuyst Johnson, Rick Pumford Vear

Ehardt Johnson, Ruth Raczkowski Woronchak

Faunce Julian Richardville

In The Chair: Scranton

______

Rep. Reeves moved that Rep. Lemmons be excused temporarily from today's session.

The motion prevailed.

Rep. Frank moved to amend the bill as follows:

1. Amend page 2, line 13, by striking out all of lines 13 through line 14, page 3 and inserting:

"Alpena Community College 5,700,793

Bay de Noc Community College 5,502,351

Delta College 15,028,615

Glen Oaks Community College 2,917,625

Gogebic Community College 4,793,930

Grand Rapids Community College 18,859,866

Henry Ford Community College 22,665,587

Jackson Community College 12,873,553

Kalamazoo Valley Community College 12,969,639

Kellogg Community College 10,321,045

Kirtland Community College 3,509,442

Lake Michigan College 5,788,277

Lansing Community College 32,008,113

Macomb Community College 34,312,300

Mid Michigan Community College 4,972,646

Monroe County Community College 4,850,352

Montcalm Community College 3,672,295

Mott Community College 16,466,972

Muskegon Community College 9,594,404

North Central Michigan College 3,582,588

Northwestern Michigan College 9,751,443

Oakland Community College 21,869,620

St. Clair County Community College 7,637,789

Schoolcraft College 12,981,992

Southwestern Michigan College 7,130,608

Washtenaw Community College 13,060,726

Wayne County Community College 17,470,907

West Shore Community College 2,834,878"

and adjusting the subtotals, totals, and section 201 accordingly.

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

Rep. Frank demanded the yeas and nays.

The demand was supported.

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

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

Roll Call No. 465 Yeas--53

Baird Faunce LaForge Schauer

Basham Frank Lockwood Schermesser

Bogardus Garza Martinez Scott

Bovin Gieleghem Minore Shackleton

Brater Hager Neumann Sheltrown

Brown, B. Hale O'Neil Spade

Callahan Hansen Pestka Stallworth

Caul Hardman Price Switalski

Cherry Howell Quarles Tesanovich

Clark, I. Jacobs Reeves Thomas

Clarke, H. Jamnick Rison Wojno

Daniels Kelly Rivet Woodward

DeHart Kilpatrick Rocca Woronchak

Dennis

Nays--48

Allen Garcia Koetje Raczkowski

Birkholz Gilbert Kowall Richardville

Bisbee Godchaux Kuipers Richner

Bishop Gosselin Kukuk Sanborn

Bradstreet Green LaSata Scranton

Brown, C. Hart Law Shulman

Byl Jansen Mead Stamas

Cassis Jelinek Middaugh Tabor

DeRossett Jellema Mortimer Toy

DeVuyst Johnson, Rick Pappageorge Van Woerkom

DeWeese Johnson, Ruth Patterson Vander Roest

Ehardt Julian Pumford Vear

In The Chair: Scranton

Rep. Brewer moved to amend the bill as follows:

1. Amend page 18, line 15, after "2001" by inserting:

"Sec. 304. A community college receiving funds under this act shall have their appropriated funds reduced by 2 times the amount spent to purchase the contract of an administrator or athletic department employee.".

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

Rep. Brewer demanded the yeas and nays.

The demand was supported.

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

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

Roll Call No. 466 Yeas--9

Brewer LaForge Scott Stallworth

Hale Rison Scranton Tesanovich

Kelly

Nays--91

Allen Ehardt Kilpatrick Richardville

Baird Faunce Koetje Richner

Basham Frank Kowall Rivet

Birkholz Garcia Kuipers Rocca

Bisbee Garza Kukuk Sanborn

Bishop Gieleghem LaSata Schauer

Bogardus Gilbert Law Schermesser

Bovin Godchaux Lemmons Shackleton

Bradstreet Gosselin Lockwood Sheltrown

Brown, B. Green Martinez Shulman

Brown, C. Hager Mead Spade

Byl Hansen Middaugh Stamas

Callahan Hardman Mortimer Switalski

Cassis Hart Neumann Tabor

Caul Howell O'Neil Thomas

Cherry Jacobs Pappageorge Toy

Clark, I. Jamnick Patterson Van Woerkom

Daniels Jansen Pestka Vander Roest

DeHart Jelinek Price Vear

Dennis Jellema Pumford Wojno

DeRossett Johnson, Rick Quarles Woodward

DeVuyst Johnson, Ruth Raczkowski Woronchak

DeWeese Julian Reeves

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.

______

Rep. Julian moved that Rep. Toy 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. 963, 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. 467 Yeas--101

Allen Ehardt Kelly Reeves

Baird Faunce Kilpatrick Richardville

Basham Frank Koetje Richner

Birkholz Garcia Kowall Rison

Bisbee Garza Kuipers Rocca

Bishop Geiger Kukuk Sanborn

Bogardus Gieleghem LaForge Schauer

Bovin Gilbert LaSata Schermesser

Bradstreet Godchaux Law Scranton

Brater Green Lemmons Shackleton

Brewer Hager Lockwood Sheltrown

Brown, B. Hale Martinez Shulman

Brown, C. Hanley Mead Spade

Byl Hansen Middaugh Stallworth

Callahan Hardman Minore Stamas

Cassis Hart Mortimer Switalski

Caul Howell Neumann Tabor

Cherry Jacobs O'Neil Tesanovich

Clark, I. Jamnick Pappageorge Thomas

Clarke, H. Jansen Patterson Van Woerkom

Daniels Jelinek Pestka Vander Roest

DeHart Jellema Price Vear

Dennis Johnson, Rick Pumford Wojno

DeRossett Johnson, Ruth Quarles Woodward

DeVuyst Julian Raczkowski Woronchak

DeWeese

Nays--3

Gosselin Rivet Scott

In The Chair: Scranton

The House agreed to the title of the bill.

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:

I vote 'no' on this budget because I was elected on a promise to shrink government, not grow it. The increase in the general purpose/general fund portion of this budget, the portion of the budget which comes from the state taxes, exceeds the rate of inflation for the past year. For this reason, I must vote 'no' on this budget. This is up almost 5.4 % from last year."

Rep. Scott, 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 963 because my city of Highland Park and surrounding communities need the opportunity to establish a new community college to educate their people. $6.5 million is a small amount to request.

Many of our family members in this state were educated from 1912 until 1995 at H.P.C.C. (formerly junior college), the oldest college in this great state."

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 Senate Bill 963, the community college appropriation, due to the bill not prioritizing this initial secondary education opportunity as a major issue in our State. The higher education budget increases dwarf the increases outlined in this budget. In addition, the adjustment of the personal property tables has significantly and negatively impacted our community colleges. This budget has not reflected these revenue reductions. Increases that are only a fraction of those of higher education institutions, with no accounting for local revenue reductions mandated by the State mean only token increases in the appropriations for these important institutions. The most important economic and social activity the State can carry out is to educate its citizens. Community colleges provide the best opportunity to provide this educational opportunity."

Second Reading of Bills

Senate Bill No. 967, entitled

A bill to make appropriations for the state institutions of higher education and certain state purposes related to education for the fiscal year ending September 30, 2001; to provide for the expenditures of those appropriations; and to prescribe the powers and duties of certain state departments, institutions, agencies, employees, and officers.

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

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

Rep. Price moved to amend the bill as follows:

1. Amend page 1, line 7, by striking out all of line 7 through line 24 of page 6 and inserting:

"HIGHER EDUCATION

Full-time equated classified positions 1.0

GROSS APPROPRIATION $ 1,915,733,485

Total interdepartmental grants and intradepartmental transfers $ 0

ADJUSTED GROSS APPROPRIATION $ 1,915,733,485

Appropriated from:

Federal revenues:

Total federal revenues 3,900,000

Special revenue funds:

Total local revenues 0

Total private revenues 0

Total other state restricted revenues 84,250,000

State general fund/general purpose $ 1,827,583,485

Sec. 102. CENTRAL MICHIGAN UNIVERSITY

Operations $ 92,078,347

GROSS APPROPRIATION $ 92,078,347

Appropriated from:

State general fund/general purpose $ 92,078,347

Sec. 103. EASTERN MICHIGAN UNIVERSITY

Operations $ 88,285,187

GROSS APPROPRIATION $ 88,285,187

Appropriated from:

State general fund/general purpose $ 88,285,187

Sec. 104. FERRIS STATE UNIVERSITY

Operations $ 55,445,466

GROSS APPROPRIATION $ 55,445,466

Appropriated from:

State general fund/general purpose $ 55,445,466

Sec. 105. GRAND VALLEY STATE UNIVERSITY

Operations $ 61,787,207

GROSS APPROPRIATION $ 61,787,207

Appropriated from:

State general fund/general purpose $ 61,787,207

Sec. 106. LAKE SUPERIOR STATE UNIVERSITY

Operations $ 14,249,386

GROSS APPROPRIATION $ 14,249,386

Appropriated from:

State general fund/general purpose $ 14,249,386

Sec. 107. MICHIGAN STATE UNIVERSITY

Operations $ 334,238,762

GROSS APPROPRIATION $ 334,238,762

Appropriated from:

State general fund/general purpose $ 334,238,762

Sec. 108. MICHIGAN TECHNOLOGICAL UNIVERSITY

Operations $ 55,167,099

GROSS APPROPRIATION $ 55,167,099

Appropriated from:

State general fund/general purpose $ 55,167,099

Sec. 109. NORTHERN MICHIGAN UNIVERSITY

Operations $ 51,942,819

GROSS APPROPRIATION $ 51,942,819

Appropriated from:

State general fund/general purpose $ 51,942,819

Sec. 110. OAKLAND UNIVERSITY

Operations $ 54,293,750

GROSS APPROPRIATION $ 54,293,750

Appropriated from:

State general fund/general purpose $ 54,293,750

Sec. 111. SAGINAW VALLEY STATE UNIVERSITY

Operations $ 28,201,320

GROSS APPROPRIATION $ 28,201,320

Appropriated from:

State general fund/general purpose $ 28,201,320

Sec. 112. UNIVERSITY OF MICHIGAN-ANN ARBOR

Operations $ 360,548,358

GROSS APPROPRIATION $ 360,548,358

Appropriated from:

State general fund/general purpose $ 360,548,358

Sec. 113. UNIVERSITY OF MICHIGAN-DEARBORN

Operations $ 28,249,519

GROSS APPROPRIATION $ 28,249,519

Appropriated from:

State general fund/general purpose $ 28,249,519

Sec. 114. UNIVERSITY OF MICHIGAN-FLINT

Operations $ 24,351,768

GROSS APPROPRIATION $ 24,351,768

Appropriated from:

State general fund/general purpose $ 24,351,768

Sec. 115. WAYNE STATE UNIVERSITY

Operations $ 253,302,993

GROSS APPROPRIATION $ 253,302,993

Appropriated from:

State general fund/general purpose $ 253,302,993

Sec. 116. WESTERN MICHIGAN UNIVERSITY

Operations $ 128,216,737

GROSS APPROPRIATION $ 128,216,737

Appropriated from:

State general fund/general purpose $ 128,216,737

Sec. 117. STATE AND REGIONAL PROGRAMS

Full-time equated classified positions 1.0

Agricultural experiment station $ 36,745,972

Cooperative extension service 31,693,486

Michigan molecular institute 236,538

Japan center for Michigan universities 422,631

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

Midwest higher education compact 75,000

GROSS APPROPRIATION $ 69,448,628

Appropriated from:

State general fund/general purpose $ 69,448,628

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

ROSA PARKS PROGRAM

Select student supportive services $ 2,170,507

Michigan college/university partnership program 651,152

Morris Hood, Jr. educator development program 164,867

GROSS APPROPRIATION $ 2,986,526

Appropriated from:

State general fund/general purpose $ 2,986,526

Sec. 119. GRANTS AND FINANCIAL AID

State competitive scholarships $ 35,388,818

Tuition grants 66,150,276

Merged institution student grant 100

Michigan work-study program 8,024,037

Part-time independent student program 2,906,000

Grant for Michigan resident dental graduates 5,057,454

Grant for general degree graduates 6,344,274

Grant for allied health graduates 936,023

Michigan education opportunity grants 2,282,632

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

Michigan merit award program 79,000,000

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

GROSS APPROPRIATION $ 212,939,614

Appropriated from:

Federal revenues:

Higher education act of 1965, title IV, 20 U.S.C. 2,300,000

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

Special revenue funds:

Michigan merit award trust fund 84,250,000

State general fund/general purpose $ 124,789,614"

and adjusting the subtotals, totals, and section 201 accordingly.

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. 468 Yeas--55

Baird Ehardt Lemmons Schauer

Basham Frank Lockwood Schermesser

Bogardus Garza Martinez Scott

Bovin Gieleghem Minore Shackleton

Brater Hale Neumann Sheltrown

Brewer Hanley O'Neil Spade

Brown, B. Hansen Pestka Stallworth

Callahan Hardman Price Switalski

Cherry Jacobs Pumford Tesanovich

Clark, I. Jamnick Quarles Thomas

Clarke, H. Kelly Reeves Wojno

Daniels Kilpatrick Richardville Woodward

DeHart Kowall Rison Woronchak

Dennis LaForge Rivet

Nays--49

Allen Geiger Johnson, Ruth Raczkowski

Birkholz Gilbert Julian Richner

Bisbee Godchaux Koetje Rocca

Bishop Gosselin Kuipers Sanborn

Bradstreet Green Kukuk Scranton

Brown, C. Hager LaSata Shulman

Byl Hart Law Stamas

Cassis Howell Mead Tabor

DeRossett Jansen Middaugh Toy

DeVuyst Jelinek Mortimer Van Woerkom

DeWeese Jellema Pappageorge Vander Roest

Faunce Johnson, Rick Patterson Vear

Garcia

In The Chair: Scranton

Rep. Godchaux moved to amend the bill as follows:

1. Amend page 25, following line 24, by inserting:

"Sec. 435. By December 15, 2000, the state budget director shall review the appropriateness of the placement of funding for the Michigan molecular institute in the higher education budget and report to the house and senate appropriations subcommittees on higher education.".

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

Reps. Price and Caul moved to amend the bill as follows:

1. Amend page 19, following line 5, by inserting:

"(15) If the funds appropriated in section 119 from the Michigan merit award trust fund are insufficient to support the tuition incentive program, a sum sufficient to fund the tuition incentive program shall be appropriated from the general fund.".

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

Rep. LaForge moved to amend the bill as follows:

1. Amend page 2, line 14, by striking out "$91,212,949" and inserting "$91,000,000" and adjusting the subtotals, totals, and section 201 accordingly.

2. Amend page 24, line 24, after "academy." and inserting "Central Michigan University shall be appropriated an additional $212,949.00 upon complying with the request of the auditor general in the 1997 performance audit of Central Michigan University's charter school office.".

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

Rep. LaForge demanded the yeas and nays.

The demand was supported.

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

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

Roll Call No. 469 Yeas--48

Baird DeHart Kilpatrick Reeves

Basham Dennis LaForge Rison

Bogardus Frank Lemmons Rivet

Bovin Garza Lockwood Schauer

Brater Gieleghem Mans Schermesser

Brewer Hale Martinez Sheltrown

Brown, B. Hanley Minore Spade

Callahan Hansen Neumann Stallworth

Cherry Hardman O'Neil Switalski

Clark, I. Jacobs Patterson Thomas

Clarke, H. Jamnick Pestka Wojno

Daniels Kelly Quarles Woodward

Nays--53

Allen Geiger Julian Richner

Birkholz Gilbert Koetje Rocca

Bisbee Godchaux Kowall Sanborn

Bishop Gosselin Kuipers Scranton

Bradstreet Green Kukuk Shackleton

Brown, C. Hager LaSata Shulman

Cassis Hart Mead Stamas

Caul Howell Middaugh Tabor

DeRossett Jansen Mortimer Toy

DeVuyst Jelinek Pappageorge Van Woerkom

DeWeese Jellema Pumford Vander Roest

Ehardt Johnson, Rick Raczkowski Vear

Faunce Johnson, Ruth Richardville Woronchak

Garcia

In The Chair: Scranton

Reps. Jellema and Frank moved to amend the bill as follows:

1. Amend page 6, line 5, by striking out "35,077,833" and inserting "35,886,394".

2. Amend page 6, line 6, by striking out "65,539,555" and inserting "67,220,997".

3. Amend page 6, line 8, by striking out "7,948,623" and inserting "8,144,699".

4. Amend page 6, line 9, by striking out "2,878,688" and inserting "2,949,699".

5. Amend page 6, line 10, by striking out "5,009,921" and inserting "5,133,506".

6. Amend page 6, line 11, by striking out "6,273,655" and inserting "6,363,697".

7. Amend page 6, line 12, by striking out "927,226" and inserting "950,099".

8. Amend page 6, line 13, by striking out "2,261,179" and inserting "2,316,957".

9. Amend page 6, line 17, by striking out "211,766,780" and inserting "214,816,148".

10. Amend page 6, line 24, by striking out "123,616,780" and inserting "126,666,148", and adjusting the subtotals, totals, and section 201 accordingly.

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

Reps. Frank and Caul moved to amend the bill as follows:

1. Amend page 34, line 10, after "by" by striking out "September 1, 2001" and inserting "October 15, 2000".

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

Rep. Price moved to amend the bill as follows:

1. Amend page 1, line 7, by striking out all of line 7 through line 24 of page 6 and inserting:

"HIGHER EDUCATION

Full-time equated classified positions 1.0

GROSS APPROPRIATION $ 1,915,733,486

Total interdepartmental grants and intradepartmental transfers $ 0

ADJUSTED GROSS APPROPRIATION $ 1,915,733,486

Appropriated from:

Federal revenues:

Total federal revenues 3,900,000

Special revenue funds:

Total local revenues 0

Total private revenues 0

Total other state restricted revenues 84,250,000

State general fund/general purpose $ 1,827,583,486

Sec. 102. CENTRAL MICHIGAN UNIVERSITY

Operations $ 92,078,347

GROSS APPROPRIATION $ 92,078,347

Appropriated from:

State general fund/general purpose $ 92,078,347

Sec. 103. EASTERN MICHIGAN UNIVERSITY

Operations $ 88,285,187

GROSS APPROPRIATION $ 88,285,187

Appropriated from:

State general fund/general purpose $ 88,285,187

Sec. 104. FERRIS STATE UNIVERSITY

Operations $ 55,445,466

GROSS APPROPRIATION $ 55,445,466

Appropriated from:

State general fund/general purpose $ 55,445,466

Sec. 105. GRAND VALLEY STATE UNIVERSITY

Operations $ 61,787,208

GROSS APPROPRIATION $ 61,787,208

Appropriated from:

State general fund/general purpose $ 61,787,208

Sec. 106. LAKE SUPERIOR STATE UNIVERSITY

Operations $ 14,249,386

GROSS APPROPRIATION $ 14,249,386

Appropriated from:

State general fund/general purpose $ 14,249,386

Sec. 107. MICHIGAN STATE UNIVERSITY

Operations $ 334,238,762

GROSS APPROPRIATION $ 334,238,762

Appropriated from:

State general fund/general purpose $ 334,238,762

Sec. 108. MICHIGAN TECHNOLOGICAL UNIVERSITY

Operations $ 55,167,099

GROSS APPROPRIATION $ 55,167,099

Appropriated from:

State general fund/general purpose $ 55,167,099

Sec. 109. NORTHERN MICHIGAN UNIVERSITY

Operations $ 51,942,819

GROSS APPROPRIATION $ 51,942,819

Appropriated from:

State general fund/general purpose $ 51,942,819

Sec. 110. OAKLAND UNIVERSITY

Operations $ 54,293,750

GROSS APPROPRIATION $ 54,293,750

Appropriated from:

State general fund/general purpose $ 54,293,750

Sec. 111. SAGINAW VALLEY STATE UNIVERSITY

Operations $ 28,201,320

GROSS APPROPRIATION $ 28,201,320

Appropriated from:

State general fund/general purpose $ 28,201,320

Sec. 112. UNIVERSITY OF MICHIGAN-ANN ARBOR

Operations $ 360,548,358

GROSS APPROPRIATION $ 360,548,358

Appropriated from:

State general fund/general purpose $ 360,548,358

Sec. 113. UNIVERSITY OF MICHIGAN-DEARBORN

Operations $ 28,249,519

GROSS APPROPRIATION $ 28,249,519

Appropriated from:

State general fund/general purpose $ 28,249,519

Sec. 114. UNIVERSITY OF MICHIGAN-FLINT

Operations $ 24,351,768

GROSS APPROPRIATION $ 24,351,768

Appropriated from:

State general fund/general purpose $ 24,351,768

Sec. 115. WAYNE STATE UNIVERSITY

Operations $ 253,302,993

GROSS APPROPRIATION $ 253,302,993

Appropriated from:

State general fund/general purpose $ 253,302,993

Sec. 116. WESTERN MICHIGAN UNIVERSITY

Operations $ 128,216,737

GROSS APPROPRIATION $ 128,216,737

Appropriated from:

State general fund/general purpose $ 128,216,737

Sec. 117. STATE AND REGIONAL PROGRAMS

Full-time equated classified positions 1.0

Agricultural experiment station $ 36,745,972

Cooperative extension service 31,693,486

Michigan molecular institute 236,538

Japan center for Michigan universities 422,631

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

Midwest higher education compact 75,000

GROSS APPROPRIATION $ 69,448,628

Appropriated from:

State general fund/general purpose $ 69,448,628

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

ROSA PARKS PROGRAM

Select student supportive services $ 2,170,507

Michigan college/university partnership program 651,152

Morris Hood, Jr. educator development program 164,867

GROSS APPROPRIATION $ 2,986,526

Appropriated from:

State general fund/general purpose $ 2,986,526

Sec. 119. GRANTS AND FINANCIAL AID

State competitive scholarships $ 35,388,818

Tuition grants 66,150,276

Merged institution student grant 100

Michigan work-study program 8,024,037

Part-time independent student program 2,906,000

Grant for Michigan resident dental graduates 5,057,454

Grant for general degree graduates 6,344,274

Grant for allied health graduates 936,023

Michigan education opportunity grants 2,282,632

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

Michigan merit award program 79,000,000

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

GROSS APPROPRIATION $ 212,939,614

Appropriated from:

Federal revenues:

Higher education act of 1965, title IV, 20 U.S.C. 2,300,000

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

Special revenue funds:

Michigan merit award trust fund 84,250,000

State general fund/general purpose $ 124,789,614"

and adjusting the subtotals, totals, and section 201 accordingly.

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

Reps. Shackleton, Woronchak, Pumford, Ehardt, Richardville, Price and Stallworth moved to amend the bill as follows:

1. Amend page 2, line 12, by striking out "1,815,790,904" and inserting "1,830,844,468".

2. Amend page 2, line 14, by striking out "91,212,949" and inserting "92,078,347".

3. Amend page 2, line 19, by striking out "87,455,439" and inserting "88,285,187".

4. Amend page 2, line 24, by striking out "54,924,362" and inserting "55,466,600".

5. Amend page 3, line 3, by striking out "61,787,207" and inserting "62,311,412".

6. Amend page 3, line 8, by striking out "14,115,463" and inserting "14,254,820".

7. Amend page 3, line 13, by striking out "334,238,762" and inserting "337,241,089".

8. Amend page 3, line 18, by striking out "54,648,611" and inserting "55,167,099".

9. Amend page 3, line 23, by striking out "51,454,635" and inserting "51,942,819".

10. Amend page 4, line 2, by striking out "54,179,711" and inserting "54,693,750".

11. Amend page 4, line 7, by striking out "27,936,270" and inserting "28,201,320".

12. Amend page 4, line 12, by striking out "357,159,746" and inserting "360,548,358".

13. Amend page 4, line 17, by striking out "27,984,016" and inserting "28,249,519".

14. Amend page 4, line 22, by striking out "24,122,898" and inserting "24,351,768".

15. Amend page 5, line 1, by striking out "250,922,326" and inserting "253,302,993".

16. Amend page 5, line 6, by striking out "128,216,737" and inserting "129,339,818" and adjusting the subtotals, totals, and section 201 accordingly.

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

Rep. Tesanovich moved to amend the bill as follows:

1. Amend page 2, line 19, by striking out "87,455,439" and inserting "90,468,632."

2. Amend page 2, line 20, by striking out "87,455,439" and inserting "90,468,632."

3. Amend page 2, line 22, by striking out "87,455,439" and inserting "90,468,632."

4. Amend page 2, line 24, by striking out "54,924,362" and inserting "55,466,598".

5. Amend page 2, line 25, by striking out "54,924,362" and inserting "55,466,598".

6. Amend page 3, line 1, by striking out "54,924,362" and inserting "55,466,598".

7. Amend page 3, line 8, by striking out "14,115,463" and inserting "14,254,817".

8. Amend page 3, line 9, by striking out "14,115,463" and inserting "14,254,817".

9. Amend page 3, line 11, by striking out "14,115,463" and inserting "14,254,817".

10. Amend page 3, line 18, by striking out "54,648,611" and inserting "55,688,125".

11. Amend page 3, line 19, by striking out "54,648,611" and inserting "55,688,125".

12. Amend page 3, line 21, by striking out "54,648,611" and inserting "55,688,125".

13. Amend page 3, line 23, by striking out "51,454,635" and inserting "51,962,617".

14. Amend page 3, line 24, by striking out "51,454,635" and inserting "51,962,617".

15. Amend page 3, line 26, by striking out "51,454,635" and inserting "51,962,617".

16. Amend page 4, line 12, by striking out "357,159,746" and inserting "362,185,779".

17. Amend page 4, line 13, by striking out "357,159,746" and inserting "362,185,779".

18. Amend page 4, line 15, by striking out "357,159,746" and inserting "362,185,779".

19. Amend page 5, line 1, by striking out "250,922,326" and inserting "253,899,538".

20. Amend page 5, line 2, by striking out "250,922,326" and inserting "253,899,538".

21. Amend page 5, line 4, by striking out "250,922,326" and inserting "253,899,538" and adjusting the subtotals, totals, and section 201 accordingly.

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

Rep. Shackleton moved to reconsider the vote by which the House adopted the amendments offered previously by Reps. Shackleton, Woronchak, Pumford, Ehardt, Richardville, Price and Stallworth.

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

The question being on the adoption of the amendments offered previously by Reps. Shackleton, Woronchak, Pumford, Ehardt, Richardville, Price and Stallworth,

Rep. Shackleton demanded the yeas and nays.

The demand was supported.

The question being on the adoption of the amendments offered previously by Reps. Shackleton, Woronchak, Pumford, Ehardt, Richardville, Price and Stallworth,

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

Roll Call No. 470 Yeas--81

Allen Faunce LaForge Rivet

Baird Frank LaSata Rocca

Basham Garza Law Schauer

Bishop Gieleghem Lemmons Schermesser

Bogardus Gilbert Lockwood Scott

Bovin Green Mans Shackleton

Brater Hager Martinez Sheltrown

Brewer Hale Minore Shulman

Brown, B. Hanley Neumann Spade

Callahan Hansen O'Neil Stallworth

Caul Hardman Patterson Switalski

Cherry Howell Pestka Tabor

Clark, I. Jacobs Price Tesanovich

Clarke, H. Jamnick Pumford Thomas

Daniels Jelinek Quarles Toy

DeHart Julian Raczkowski Van Woerkom

Dennis Kelly Reeves Vear

DeRossett Kilpatrick Richardville Wojno

DeVuyst Koetje Richner Woodward

DeWeese Kowall Rison Woronchak

Ehardt

Nays--24

Birkholz Garcia Jellema Middaugh

Bisbee Geiger Johnson, Rick Pappageorge

Bradstreet Godchaux Johnson, Ruth Sanborn

Brown, C. Gosselin Kuipers Scranton

Byl Hart Kukuk Stamas

Cassis Jansen Mead Vander Roest

In The Chair: Scranton

Reps. Bradstreet, Kukuk, Garcia, Gosselin, Koetje, Jansen, DeVuyst and Green moved to amend the bill as follows:

1. Amend page 10, following line 4, by inserting:

"Sec. 217. (1) Included in the appropriation in part 1 to each state institution of higher education is an amount equal to 10% of the entire operating budget for each institution of higher education. This set-aside amount is an incentive to accept an "agreement not to use taxpayer dollars to violate broadly accepted social mores" grant. To be eligible to receive the set-aside amount under this grant, a state institution of higher education shall certify to the state budget director by October 1, 2000 that the state institution does not and will not use funds appropriated in part 1 to offer a course meeting both of the following criteria:

(a) The content may be interpreted as promoting or facilitating the participation in a sexual lifestyle or practices other than heterosexual monogamy.

(b) There is a reasonable expectation that a majority of citizens would object to the use of taxpayer dollars for the course.

(2) In the event that a state institution of higher education does not meet or otherwise satisfy the criteria to be eligible to receive the set-aside amount under this grant, the set-aside amount to that institution shall be forfeited and the amount so forfeited shall be divided proportionately among those state institutions of higher education that are eligible to receive the set-aside amount under this grant.".

The question being on the adoption of the amendment offered by Reps. Bradstreet, Kukuk, Garcia, Gosselin, Koetje, Jansen, DeVuyst and Green,

Rep. Bradstreet demanded the yeas and nays.

The demand was supported.

The question being on the adoption of the amendment offered by Reps. Bradstreet, Kukuk, Garcia, Gosselin, Koetje, Jansen, DeVuyst and Green,

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

Roll Call No. 471 Yeas--52

Allen Ehardt Koetje Richardville

Basham Frank Kowall Rocca

Birkholz Garcia Kuipers Sanborn

Bisbee Gilbert Kukuk Schermesser

Bishop Gosselin Mans Shackleton

Bradstreet Green Middaugh Sheltrown

Brown, B. Hager Neumann Shulman

Brown, C. Howell O'Neil Spade

Callahan Jansen Pappageorge Stamas

Cassis Jelinek Patterson Tabor

DeRossett Johnson, Rick Perricone Vander Roest

DeVuyst Johnson, Ruth Pestka Vear

DeWeese Julian Raczkowski Wojno

Nays--44

Baird Geiger LaForge Rison

Brater Gieleghem LaSata Rivet

Byl Godchaux Lemmons Schauer

Caul Hale Lockwood Scott

Cherry Hanley Martinez Scranton

Clark, I. Hansen Mead Stallworth

Clarke, H. Hardman Minore Switalski

Daniels Jacobs Price Thomas

DeHart Jamnick Pumford Toy

Dennis Jellema Quarles Van Woerkom

Garza Kelly Richner Woodward

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. 967, 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. 472 Yeas--104

Allen Faunce Kowall Richner

Baird Frank Kuipers Rison

Basham Garcia Kukuk Rivet

Birkholz Garza LaForge Rocca

Bisbee Geiger LaSata Sanborn

Bishop Gieleghem Law Schauer

Bogardus Gilbert Lemmons Schermesser

Bovin Godchaux Lockwood Scott

Bradstreet Green Mans Scranton

Brater Hager Martinez Shackleton

Brewer Hale Mead Sheltrown

Brown, B. Hanley Middaugh Shulman

Brown, C. Hansen Minore Spade

Byl Hardman Mortimer Stallworth

Callahan Hart Neumann Stamas

Cassis Howell O'Neil Switalski

Caul Jacobs Pappageorge Tabor

Clark, I. Jamnick Patterson Tesanovich

Clarke, H. Jansen Perricone Thomas

Daniels Jelinek Pestka Toy

DeHart Jellema Price Van Woerkom

Dennis Johnson, Rick Pumford Vander Roest

DeRossett Johnson, Ruth Quarles Vear

DeVuyst Julian Raczkowski Wojno

DeWeese Kelly Reeves Woodward

Ehardt Koetje Richardville Woronchak

Nays--3

Cherry Gosselin Kilpatrick

In The Chair: Scranton

The House agreed to the title of the bill.

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:

I vote 'no' on this budget because I was elected on a promise to shrink government, not grow it. The increase in the general purpose/general fund portion of this budget, the portion of the budget which comes from state taxes, exceeds the rate of inflation for the past year.

In addition, this budget includes funding for the University of Michigan, which is spending hundreds of thousands of taxpayer dollars defending itself in a lawsuit brought by deserving students who have been victimized by preferential treatment based on race in university admissions policies. I do not believe that we should subsidize discrimination on the basis of race in state college and university admissions."

Second Reading of Bills

Senate Bill No. 966, entitled

A bill to make appropriations for the department of education and certain other purposes relating to education for the fiscal year ending September 30, 2001; to provide for the expenditure of the appropriations; to prescribe the powers and duties of certain state departments, school districts, and other governmental bodies; and to provide for the disposition of fees and other income received by certain legal entities and state agencies.

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

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

Rep. Gilbert moved to amend the bill as follows:

1. Amend page 18, line 18, after "searches" by adding a comma and "the state model policy on firearm safety and awareness.".

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

Rep. Price moved to amend the bill as follows:

1. Amend page 36, line 24, after "development," by inserting "pilot alternative education programs,".

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

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

The motion prevailed.

Messages from the Governor

May 23, 2000

Mr. Gary L. Randall, Clerk

House of Representatives

State Capitol Building

Lansing, Michigan 48909

Dear Mr. Randall:

Per the request of the House of Representatives, I am returning Enrolled House Bill 4684.

Sincerely,

John Engler

Governor

By unanimous consent the House returned to the order of

Motions and Resolutions

Rep. Raczkowski moved to vacate the enrollment of House Bill No. 4684.

The motion prevailed.

Messages from the Senate

The Senate requested the return of

House Bill No. 4684, entitled

A bill to amend 1961 PA 236, entitled "Revised judicature act of 1961," by amending section 2162 (MCL 600.2162), as amended by 1994 PA 67.

Rep. Raczkowski moved that the request of the Senate be granted.

The motion prevailed.

Second Reading of Bills

The House returned to the consideration of

Senate Bill No. 966, entitled

(The bill was considered earlier today, see today's journal, p. 1135.)

Rep. Hager moved to amend the bill as follows:

1. Amend page 18, following line 19, by inserting:

"(e) Work in collaboration with the department of state police in establishing a toll-free school violence hotline".

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

Rep. Lockwood moved to amend the bill as follows:

1. Amend page 8, following line 25, by inserting:

"Toll-free school violence hotline 200,000".

2. Amend page 9, line 7, by striking out "990,600" and inserting "1,190,600" and adjusting the subtotals, totals, and section 201 accordingly.

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

Rep. Lockwood demanded the yeas and nays.

The demand was supported.

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

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

Roll Call No. 473 Yeas--55

Baird Faunce Lemmons Schauer

Basham Frank Lockwood Schermesser

Bogardus Garza Mans Scott

Bovin Gieleghem Martinez Sheltrown

Brater Hale Minore Spade

Brewer Hanley Neumann Stallworth

Brown, B. Hansen O'Neil Switalski

Callahan Hardman Pestka Tesanovich

Cherry Jacobs Price Thomas

Clark, I. Jamnick Quarles Van Woerkom

Clarke, H. Julian Reeves Wojno

Daniels Kelly Richardville Woodward

DeHart Kilpatrick Rison Woronchak

Dennis LaForge Rivet

Nays--53

Allen Geiger Koetje Raczkowski

Birkholz Gilbert Kowall Richner

Bisbee Godchaux Kuipers Rocca

Bishop Gosselin Kukuk Sanborn

Bradstreet Green LaSata Scranton

Brown, C. Hager Law Shackleton

Byl Hart Mead Shulman

Cassis Howell Middaugh Stamas

Caul Jansen Mortimer Tabor

DeRossett Jelinek Pappageorge Toy

DeVuyst Jellema Patterson Vander Roest

DeWeese Johnson, Rick Perricone Vear

Ehardt Johnson, Ruth Pumford Voorhees

Garcia

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. 966, 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. 474 Yeas--107

Allen Frank Kowall Rison

Baird Garcia Kuipers Rivet

Basham Garza Kukuk Rocca

Birkholz Geiger LaForge Sanborn

Bisbee Gieleghem LaSata Schauer

Bishop Gilbert Law Schermesser

Bogardus Godchaux Lemmons Scott

Bovin Gosselin Lockwood Scranton

Bradstreet Green Mans Shackleton

Brater Hager Martinez Sheltrown

Brewer Hale Mead Shulman

Brown, B. Hanley Middaugh Spade

Brown, C. Hansen Minore Stallworth

Byl Hardman Mortimer Stamas

Callahan Hart Neumann Switalski

Cassis Howell O'Neil Tabor

Caul Jacobs Pappageorge Tesanovich

Cherry Jamnick Patterson Thomas

Clark, I. Jansen Perricone Toy

Clarke, H. Jelinek Pestka Van Woerkom

DeHart Jellema Price Vander Roest

Dennis Johnson, Rick Pumford Vear

DeRossett Johnson, Ruth Quarles Voorhees

DeVuyst Julian Raczkowski Wojno

DeWeese Kelly Reeves Woodward

Ehardt Kilpatrick Richardville Woronchak

Faunce Koetje Richner

Nays--0

In The Chair: Scranton

The House agreed to the title of the bill.

Second Reading of Bills

House Bill No. 5766, entitled

A bill to amend 1986 PA 281, entitled "The local development financing act," by amending sections 2, 4, 10, and 12 (MCL 125.2152, 125.2154, 125.2160, and 125.2162), section 2 as amended by 1998 PA 92 and sections 4, 10, and 12 as amended by 1993 PA 333, and by adding section 12a.

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

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

Rep. Garcia 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.

Reps. Bob Brown and Garcia moved to amend the bill as follows:

1. Amend page 33, line 6, after "AUTHORITY" by striking out "OR" and inserting "AND.".

2. Amend page 33, line 8, after "AUTHORITY" by striking out "OR" and inserting "AND".

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

Rep. Kelly moved to amend the bill as follows:

1. Amend page 34, following line 9, by inserting:

"(11) EACH YEAR, THIS STATE SHALL REIMBURSE EACH COMMUNITY COLLEGE AND LIBRARY FOR ALL REVENUE LOST BY THAT COMMUNITY COLLEGE OR LIBRARY DUE TO THE CREATION AND FINANCING OF A CERTIFIED TECHNOLOGY PARK. AS USED IN THIS SUBSECTION, "LIBRARY" MEANS A DISTRICT LIBRARY ESTABLISHED UNDER THE DISTRICT LIBRARY ESTABLISHMENT ACT, 1989 PA 24, MCL 397.171 TO 397.196, A LIBRARY ESTABLISHED UNDER 1877 PA 164, MCL 397.201 TO 397.217, OR A COUNTY LIBRARY CREATED UNDER 1917 PA 138, MCL 397.301 TO 397.305.".

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

Rep. Kukuk 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. 5766, 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. 475 Yeas--108

Allen Faunce Koetje Richner

Baird Frank Kowall Rison

Basham Garcia Kuipers Rivet

Birkholz Garza Kukuk Rocca

Bisbee Geiger LaForge Sanborn

Bishop Gieleghem LaSata Schauer

Bogardus Gilbert Law Schermesser

Bovin Godchaux Lemmons Scott

Bradstreet Gosselin Lockwood Scranton

Brater Green Mans Shackleton

Brewer Hager Martinez Sheltrown

Brown, B. Hale Mead Shulman

Brown, C. Hanley Middaugh Spade

Byl Hansen Minore Stallworth

Callahan Hardman Mortimer Stamas

Cassis Hart Neumann Switalski

Caul Howell O'Neil Tabor

Cherry Jacobs Pappageorge Tesanovich

Clark, I. Jamnick Patterson Thomas

Clarke, H. Jansen Perricone Toy

Daniels Jelinek Pestka Van Woerkom

DeHart Jellema Price Vander Roest

Dennis Johnson, Rick Pumford Vear

DeRossett Johnson, Ruth Quarles Voorhees

DeVuyst Julian Raczkowski Wojno

DeWeese Kelly Reeves Woodward

Ehardt Kilpatrick Richardville Woronchak

Nays--0

In The Chair: Scranton

The House agreed to the title of the bill.

Second Reading of Bills

House Bill No. 5767, entitled

A bill to amend 1974 PA 198, entitled "An act to provide for the establishment of plant rehabilitation districts and industrial development districts in local governmental units; to provide for the exemption from certain taxes; to levy and collect a specific tax upon the owners of certain facilities; to provide for the disposition of the tax; to provide for the obtaining and transferring of an exemption certificate and to prescribe the contents of those certificates; to prescribe the powers and duties of the state tax commission and certain officers of local governmental units; and to provide penalties," by amending section 2 (MCL 207.552), as amended by 1999 PA 140.

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

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

Rep. Kuipers 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. LaForge moved that Rep. Kelly be excused from the balance of today's session.

The motion prevailed.

By unanimous consent the House returned to the order of

Third Reading of Bills

House Bill No. 5767, 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. 476 Yeas--106

Allen Faunce Kowall Richner

Baird Frank Kuipers Rison

Basham Garcia Kukuk Rocca

Birkholz Garza LaForge Sanborn

Bisbee Geiger LaSata Schauer

Bishop Gieleghem Law Schermesser

Bogardus Gilbert Lemmons Scott

Bovin Godchaux 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 Hardman Neumann Switalski

Cassis Hart O'Neil Tabor

Caul Howell Pappageorge Tesanovich

Cherry Jacobs Patterson Thomas

Clark, I. Jamnick Perricone Toy

Clarke, H. Jansen Pestka Van Woerkom

Daniels Jelinek Price Vander Roest

DeHart Jellema Pumford Vear

Dennis Johnson, Rick Quarles Voorhees

DeRossett Johnson, Ruth Raczkowski Wojno

DeVuyst Julian Reeves Woodward

DeWeese Kilpatrick Richardville Woronchak

Ehardt Koetje

Nays--0

In The Chair: Scranton

The House agreed to the title of the bill.

By unanimous consent the House returned to the order of

Motions and Resolutions

Rep. LaForge moved that the Committee on Senior Health, Security and Retirement be discharged from further consideration of House Bill No. 4159.

(For first notice see House Journal No. 46, p. 1073.)

The question being on the motion made by Rep. LaForge,

Rep. LaForge demanded the yeas and nays.

The demand was supported.

The question being on the motion made by Rep. LaForge,

Rep. Raczkowski moved that consideration of the motion be postponed for the day.

The motion prevailed.

______

Rep. Raczkowski moved that when the House adjourns today it stand adjourned until Wednesday, May 24, at 12:00 Noon.

The motion prevailed.

Reps. Cassis, Richardville, Jellema, Kelly, Bovin, Jacobs, Wojno, Garcia, DeHart, Clarke, Hale, Brater, Kilpatrick, Gieleghem, Cherry, Raczkowski, Koetje, Jamnick, Vander Roest, Schauer, Schermesser, Baird, Van Woerkom, Toy, Shulman, Hansen, Mead, DeRossett, Vear, Faunce, Kowall, Shackleton, Julian, Kukuk, Gosselin, Voorhees, Scott, Rocca, Pappageorge, Perricone, Birkholz, DeVuyst, Spade, Bogardus, Switalski, Caul and Hanley offered the following resolution:

House Resolution No. 356.

A resolution congratulating Joan Garretson of Pleasant Lake Elementary School upon being named the 2000-2001 Michigan Teacher of the Year.

Whereas, It is with great respect for her years of success in education that we congratulate Joan Garretson of Pleasant Lake Elementary School upon being named the 2000-2001 Michigan Teacher of the Year by the Michigan Department of Education. This designation brings honor to the entire Walled Lake School District and is an appropriate recognition of the excellence demonstrated by Joan Garretson in every aspect of her work; and

Whereas, Being a teacher allows Joan to put into action her "belief that each child truly deserves a chance to realize his/her own self worth." Using a variety of challenge initiatives and problem solving activities within the context of the academic curriculum, she provides opportunities for her students to stretch their thinking. Using the principles of Dr. William Glasser's Choice Theory, she facilitates students to take responsibility for their own choices, which leads to their experiencing success; and

Whereas, Starting her professional career in the United States Air Force and in human resources, Joan came to realize that to really make a difference with her life she had to return to her love of working with children. Since high school and throughout college, she worked with children and young people. Fully aware of the nature of committing to teaching children, Joan returned to college to earn her teaching degree. She knew it would mean giving of herself beyond the 8-hour day, 5 days a week. To this day, she regularly becomes involved in the lives of her students to help them realize their own value. She believes the "time students spend with their teachers has great influence and can produce positive long term and lasting effects"; and

Whereas, Joan believes that the most crucial issue facing public education is "the need for better preparation of new teachers and the development of better partnerships between institutions of higher learning and hiring districts in order to better support those teachers in the first few years of their career"; now, therefore, be it

Resolved by the House of Representatives, That the members of this legislative body recognize Joan Garretson as Michigan Teacher of the Year for 2000-2001; and be it further

Resolved, That a copy of this resolution be transmitted to the Joan Garretson as evidence of our admiration and warmest wishes for continued success in every endeavor.

Pending the reference of the resolution to a committee,

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

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

The question being on the adoption of the resolution,

The resolution was adopted.

Reps. Voorhees, Richardville, Kelly, Jacobs, Wojno, Garcia, DeHart, Clarke, Hale, Brater, Kilpatrick, Gieleghem, Cherry, Raczkowski, Koetje, Jamnick, Vander Roest, Schauer, Schermesser, Baird, Van Woerkom, Toy, LaForge, Shulman, Scranton, Hansen, DeRossett, Vear, Faunce, Kowall, Shackleton, Julian, Kukuk, Gosselin, Scott, Rocca, Pappageorge, Perricone, Birkholz, Spade, Bogardus, Switalski, Caul and Hanley offered the following resolution:

House Resolution No. 357.

A resolution commemorating the Thirtieth Anniversary of the Michigan Association of District Court Probation Officers.

Whereas, On May 24-26, 2000, at the Mission Point Resort on Mackinac Island, the members of the Michigan Association of District Court Probation Officers (MADCPO) will gather for their Thirtieth Annual Conference. It is a pleasure and privilege to commemorate this special anniversary and this important conference. We also take this opportunity to commend the hardworking district court probation officers for their effective contributions; and

Whereas, District court probation officers are dedicated individuals who work diligently to help protect Michigan's citizens and to hold offenders accountable for their actions. These highly trained professionals supervise offenders and ensure that they are fulfilling the demands of their probation. In so doing, these officers fulfill a crucial role in the criminal justice system and often have a positive and life-changing influence on these lawbreakers; and

Whereas, The MADCPO is an outstanding organization that greatly assists its members by providing training, support, and education. Members also serve on various committees throughout the state to assist in the judicial system and follow legislation that directly influences probation work. The loyal members are obviously committed to making it a strong and helpful organization; and

Whereas, Clearly, crime is an issue that concerns every citizen. The members of MADCPO are doing their part to keep our streets safe, and they merit our praise for the leadership, concern, and commitment they demonstrate every day--sometimes in life-threatening situations. Too often, their effective efforts go unnoticed, so we are proud to extend to them the recognition and gratitude they deserve; now, therefore, be it

Resolved by the House of Representatives, That we commemorate the Thirtieth Anniversary of the Michigan Association of District Court Probation Officers. We also commend the members for their valuable contributions to the people of Michigan; and be it further

Resolved, That a copy of this resolution be transmitted to MADCPO, Inc., and its members as a reflection of our gratitude.

Pending the reference of the resolution to a committee,

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

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

The question being on the adoption of the resolution,

The resolution was adopted.

Reps. Brater, Quarles, Hardman, Kelly, Bovin, Jacobs, Dennis, Wojno, Garcia, DeHart, Clarke, Hale, Kilpatrick, Garza, Gieleghem, Cherry, Raczkowski, Martinez, Jamnick, Vander Roest, Schauer, Schermesser, Baird, Van Woerkom, Toy, LaForge, Shulman, Scranton, Hansen, DeRossett, Vear, Faunce, Kowall, Gosselin, Voorhees, Scott, Rocca, Perricone, Spade, Bogardus, Switalski, Caul, Hanley, Callahan and Clark offered the following resolution:

House Resolution No. 358.

A resolution honoring Local 190 Plumbers and Pipefitters on their 100th Anniversary.

Whereas, At the turn of the century, fifteen men gathered in Ann Arbor to accept the Charter of Local 190. That document granted them the jurisdictional territory surrounding Washtenaw county; and

Whereas, In its first years, the union suffered an unstable existence, with membership growth at a near standstill. The Local's activities centered around Ann Arbor and the University of Michigan. For nearly two decades, the downtown shops numbered four, the largest was not favorable to the union and a stormy relationship existed. During this period, antiunion interests formed a program called "The American Plan", which caused much unrest with strikes and lockouts. Many members dropped out of the union; and

Whereas, The union was hard hit by the Great Depression in the 1930s. Many of its members dropped out, while those who remained were unemployed and destitute. The Local's office became a distribution center for welfare packages for needy members; and

Whereas, The union began to grow during World War II, when a bomber plant was built at Willow Run. The apprentice training program was established at the close of the war and returning veterans were given priority as trainees. The post-war years brought government wage controls with allowances for fringe benefit programs. Local 190 staged its first strike to obtain the health and welfare plan for its members; and

Whereas, In the early 1950s, industrial expansion at Willow Run raised Local 190 in national prominence, as 800 United Association members came here to work on the "Gold Rush Job". Following that project, the membership swelled and the Local hired its first full-time business manager; and

Whereas, During the 1960s, many of the fringe benefits were negotiated in peaceful settlement. Construction boomed all over the territory and the membership tripled. The housing and apartment field required the hiring of a second full-time agent. The Local became the sole bargaining agent for the gas distribution workers throughout the state and a third agent was hired to cover this field. The late 1960s provided a major agreement with the University of Michigan as the Plant department became a total union shop; and

Whereas, The 1970s produced noteworthy expansion as a nuclear power plant was built in the western part of the state and Local 190 was assigned the monumental task of furnishing piping craftsmen for that project and a temporary branch office was opened in Bridgeman, Michigan. The mid-1970s saw many members travel to the northwest to work on the Alaska Pipeline and the Local's national reputation continued to build and grow; and

Whereas, The 1980s provided a period of readjustment in the written agreements with the Contractors' Association as the Local prepared to combat the continuing threat of nonunion encroachment, particularly in the residential and service fields; and

Whereas, The 1990s brought more changes, including the move to this area by the United Association Instructor Training Program. This program additionally enhanced the already prestigious national reputation that Local 190 enjoys. The membership remained stable over this period, even though employment was very low in the latter part of the 1980s, while the mid- to late 1990s brought full employment to members; and

Whereas, Throughout the history of Local 190, the union has been active in state, local, and civic affairs; now, therefore, be it

Resolved by the House of Representatives, That the members of this legislative body honor Local 190 Plumbers and Pipefitters as they celebrate their 100th anniversary; and be it further

Resolved, That a copy of this resolution by transmitted to Local 190 as evidence of our esteem.

Pending the reference of the resolution to a committee,

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

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

The question being on the adoption of the resolution,

The resolution was adopted.

THIS RESOLUTION IS OFFERED TO COMPLY WITH MCL § 18.1246.

Rep. Jellema offered the following concurrent resolution:

House Concurrent Resolution No. 103.

A concurrent resolution to change the scope of the College of Engineering and Applied Sciences project at Western Michigan University.

Whereas, The Western Michigan University College of Engineering and Applied Sciences project was authorized with a total cost of $50,000,000 by 1996 PA 480, and amended by the adoption of House Concurrent Resolution No. 31 of 1996; and

Whereas, Western Michigan University has estimated that the total cost to complete the College of Engineering and Applied Sciences project has increased to $72,500,000; and

Whereas, Western Michigan University has agreed to fund the increase in the project cost of $22,500,000, with the State commitment remaining at $37,500,000; and

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

Resolved by the House of Representatives (the Senate concurring), That the Michigan Legislature recognizes the need to increase the total authorized cost for the Western Michigan University College of Engineering and Applied Sciences project to an amount not to exceed $72,500,000 (State Building Authority share $37,499,900; State General Fund/General Purpose share $100; Western Michigan University share $35,000,000); and that the Legislature intends to continue to appropriate funds for construction subject to the limitations herein stated, in amounts not to exceed the authorized cost, subject to the ordinary vicissitudes of the legislative process; and be it further

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

The concurrent resolution was referred to the Committee on Appropriations.

THIS RESOLUTION IS OFFERED TO COMPLY WITH MCL §§ 830.415 AND 830.417 AND REQUIRES A RECORD ROLL CALL VOTE.

Rep. Jellema offered the following concurrent resolution:

House Concurrent Resolution No. 104.

A concurrent resolution approving the conveyance of property to the State Building Authority and approving a lease among the State of Michigan, the State Building Authority, and Kalamazoo Valley Community College relative to the Kalamazoo Valley Community College Arcadia Commons Campus Phase II.

Whereas, Section 5 of 1964 PA 183, as amended, being MCL § 830.415, requires the approval of the Board of Trustees of Kalamazoo Valley Community College (the "Educational Institution"), the State Administrative Board, and the Michigan Legislature by concurrent resolution concurred in by a majority of the members elected to and serving in each house, with the votes and names of the members voting thereon entered in the journal, before land owned by the Educational Institution may be conveyed to the State Building Authority (the "Authority"); and

Whereas, The site for the Kalamazoo Valley Community College Arcadia Commons Campus Phase II (the "Facility") is currently owned by the Educational Institution; and

Whereas, Section 7 of 1964 PA 183, as amended, being MCL § 830.417, requires the approval of the State Administrative Board and the Michigan Legislature by concurrent resolution concurred in by a majority of the members elected to and serving in each house, with the votes and names of the members voting thereon entered in the journal, before the State of Michigan (the "State") may enter into a lease with the Authority upon a showing of a public purpose; and

Whereas, Providing additional space to be used by the Educational Institution pursuant to the lease for the Facility is a recognized public purpose; and

Whereas, A lease among the Authority, the State, and the Educational Institution has been prepared providing for the leasing of the Facility by the Authority to the State and the Educational Institution (the "Lease"); and

Whereas, The Executive Director of the Authority has furnished the Joint Capital Outlay Subcommittee of the Legislature with information and documents relative to the Lease; now, therefore, be it

Resolved by the House of Representatives (the Senate concurring), That the Total Facility Cost for the Kalamazoo Valley Community College Arcadia Commons Campus Phase II project shall not exceed $22,400,000 (the Authority share is $11,199,900, the State General Fund/General Purpose share is $100, and the Educational Institution share is $11,200,000), plus interest charges on monies advanced by the State to meet the construction cash flow requirements of the Facility, if any, of which not more than $11,199,900, plus interest charges on monies advanced by the State to meet the construction cash flow requirements of the Facility, if any, shall be financed from bonds issued by the Authority, exclusive of amounts necessary for reserves, interest, or other nonconstruction costs; and be it further

Resolved, That the Legislature hereby approves the necessary conveyances of property to the Authority as more particularly described in the Lease and attachments thereto; and be it further

Resolved, That the Legislature hereby approves the Authority acquiring the Facility and leasing it to the State and the Educational Institution and hereby determines that the leasing of the Facility from the Authority is for a public purpose as authorized by 1964 PA 183, as amended; and be it further

Resolved, That the annual amounts of "True Rental" for the Facility shall be within or below the range of $1,070,000 and $1,850,000, as shall reflect variations that may occur in the components upon which the appraisal of true rental was based, which amounts shall be certified by the appraiser and thereafter approved by the State Administrative Board and the Authority as authorized by 1964 PA 183, as amended; and be it further

Resolved, That the Lease is hereby approved by this concurrent resolution, and the Governor and the Secretary of State are authorized and directed to execute the Lease for and on behalf of the State; and be it further

Resolved, That, by hereby approving the Lease among the State, the Educational Institution, and the Authority, the Legislature agrees to appropriate annually sufficient amounts to pay the rent as obligated pursuant to the Lease; and be it further

Resolved, That a copy of this concurrent resolution be transmitted to the Governor, the Secretary of State, the Authority, the Board of Trustees of Kalamazoo Valley Community College and the State Budget Director.

The concurrent resolution was referred to the Committee on Appropriations.

THIS RESOLUTION IS OFFERED TO COMPLY WITH MCL §§ 830.415 AND 830.417 AND REQUIRES A RECORD ROLL CALL VOTE.

Rep. Jellema offered the following concurrent resolution:

House Concurrent Resolution No. 105.

A concurrent resolution approving the conveyance of property to the State Building Authority and approving a lease among the State of Michigan, the State Building Authority, and the Community College District of Monroe County relative to the Community College District of Monroe County Business and Technical Center, Library, and Welding and Fastening Project.

Whereas, Section 5 of 1964 PA 183, as amended, being MCL § 830.415, requires the approval of the Board of Trustees of the Community College District of Monroe County (the "Educational Institution"), the State Administrative Board, and the Michigan Legislature by concurrent resolution concurred in by a majority of the members elected to and serving in each house, with the votes and names of the members voting thereon entered in the journal, before land owned by the Educational Institution may be conveyed to the State Building Authority (the "Authority"); and

Whereas, The site for the Business and Technical Center, Library, and Welding and Fastening Project (the "Facility") is currently owned by the Educational Institution; and

Whereas, Providing additional space to be used by the Educational Institution pursuant to the lease for the Facility is a recognized public purpose; and

Whereas, The Executive Director of the Authority has furnished the Joint Capital Outlay Subcommittee of the Legislature with information and documents relative to the Lease; now, therefore, be it

Resolved by the House of Representatives (the Senate concurring), That the Total Facility Cost for the the Community College District of Monroe County Business and Technical Center, Library, and Welding and Fastening Project shall not exceed $2,500,000 (the Authority share is $1,249,800, the State General Fund/General Purpose share is $200, and the Educational Institution share is $1,250,000), plus interest charges on monies advanced by the State to meet the construction cash flow requirements of the Facility, if any, of which not more than $1,249,800, plus interest charges on monies advanced by the State to meet the construction cash flow requirements of the Facility, if any, shall be financed from bonds issued by the Authority, exclusive of amounts necessary for reserves, interest, or other nonconstruction costs; and be it further

Resolved, That the Legislature hereby approves the necessary conveyances of property to the Authority as more particularly described in the Lease and attachments thereto; and be it further

Resolved, That the annual amounts of "True Rental" for the Facility shall be within or below the range of $115,000 and $195,000, as shall reflect variations that may occur in the components upon which the appraisal of true rental was based, which amounts shall be certified by the appraiser and thereafter approved by the State Administrative Board and the Authority as authorized by 1964 PA 183, as amended; and be it further

Resolved, That a copy of this concurrent resolution be transmitted to the Governor, the Secretary of State, the Authority, the Board of Trustees of the Community College District of Monroe County, and the State Budget Director.

The concurrent resolution was referred to the Committee on Appropriations.

Reports of Standing Committees

The Committee on Transportation, by Rep. Gilbert, Vice-Chair, reported

House Bill No. 5806, entitled

A bill to amend 1980 PA 119, entitled "Motor carrier fuel tax act," by amending sections 2 and 4 (MCL 207.212 and 207.214), as amended by 1996 PA 584.

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

HB 5806 To Report Out:

Yeas: Reps. Rick Johnson, Gilbert, DeVuyst, Garcia, Hart, Ruth Johnson, Middaugh, Patterson, Shackleton, Tabor,

Nays: None.

The Committee on Transportation, by Rep. Gilbert, Vice-Chair, reported

House Bill No. 5807, 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 sections 8, 22, and 34 (MCL 207.108, 207.122, and 207.134), sections 8 and 34 as amended by 1997 PA 83 and section 22 as amended by 1998 PA 29.

With the recommendation that the bill pass.

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

Favorable Roll Call

HB 5807 To Report Out:

Yeas: Reps. Rick Johnson, Gilbert, DeVuyst, Garcia, Hart, Ruth Johnson, Patterson, Shackleton, Tabor, Kilpatrick,

Nays: None.

The Committee on Transportation, by Rep. Gilbert, Vice-Chair, reported

Senate Bill No. 961, entitled

A bill to amend 1949 PA 300, entitled "Michigan vehicle code," by amending sections 252a and 719 (MCL 257.252a and 257.719), section 252a as amended by 1981 PA 104 and section 719 as amended by 1996 PA 136.

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 961 To Report Out:

Yeas: Reps. Rick Johnson, Gilbert, DeVuyst, Hart, Ruth Johnson, Patterson, Shackleton, Tabor, Kilpatrick, Brewer, Jamnick, Lemmons,

Nays: None.

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Thursday, May 18, 2000, at 3:37 p.m.,

Present: Reps. Rick Johnson, Gilbert, DeVuyst, Garcia, Hart, Ruth Johnson, Middaugh, Patterson, Shackleton, Tabor, Kilpatrick, Brewer, Jamnick, Lemmons, Reeves,

Absent: Reps. Bovin, Schermesser,

Excused: Reps. Bovin, Schermesser.

The Committee on Family and Children Services, by Rep. Hart, Chair, reported

House Bill No. 5548, entitled

A bill to amend 1978 PA 368, entitled "Public health code," by amending section 17015 (MCL 333.17015), as added by 1993 PA 133.

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

HB 5548 To Report Out:

Yeas: Reps. Hart, DeRossett, Cassis, Law, Shulman,

Nays: Rep. Jacobs.

The Committee on Family and Children Services, by Rep. Hart, Chair, reported

Senate Bill No. 738, entitled

A bill to prohibit the use of certain unsafe children's products; to prohibit child care facilities from using or having on the facility premises certain unsafe children's products; to prescribe powers and duties of certain departments, officers, and agencies; to provide for the promulgation of rules to carry out the provisions of this act; and to prescribe penalties for violation of the provisions of this act.

With the recommendation that the bill pass.

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

Favorable Roll Call

SB 738 To Report Out:

Yeas: Reps. Hart, DeRossett, Cassis, Law, Shulman,

Nays: None.

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Tuesday, May 23, 2000, at 8:30 a.m.,

Present: Reps. Hart, DeRossett, Cassis, Law, Shulman, Gieleghem, Jacobs,

Absent: Reps. LaForge, Hardman.

The Committee on Agriculture and Resource Management, by Rep. Green, Chair, reported

House Bill No. 4943, entitled

A bill to designate the cherry burger as the official burger of this state.

With the recommendation that the bill pass.

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

Favorable Roll Call

HB 4943 To Report Out:

Yeas: Reps. Green, Julian, DeRossett, Ehardt, Howell, Rick Johnson, Brater, Hansen, Sheltrown, Spade,

Nays: None.

The Committee on Agriculture and Resource Management, by Rep. Green, Chair, reported

House Bill No. 4992, entitled

A bill to designate an official plant of this state.

With the recommendation that the bill pass.

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

Favorable Roll Call

HB 4992 To Report Out:

Yeas: Reps. Green, Julian, Bradstreet, DeRossett, DeVuyst, Ehardt, Howell, Rick Johnson, Vear, Bogardus, Hansen, Sheltrown, Spade,

Nays: None.

The Committee on Agriculture and Resource Management, by Rep. Green, Chair, reported

Senate Bill No. 709, entitled

A bill to amend 1893 PA 206, entitled "The general property tax act," by amending section 27a (MCL 211.27a), as amended by 1996 PA 476.

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

SB 709 To Report Out:

Yeas: Reps. Green, Julian, Bradstreet, DeRossett, DeVuyst, Ehardt, Howell, Rick Johnson, Koetje, Vear, Rivet, Sheltrown, Spade,

Nays: Rep. LaForge.

The Committee on Agriculture and Resource Management, by Rep. Green, Chair, reported

Senate Bill No. 830, entitled

A bill to amend 1893 PA 206, entitled "The general property tax act," by amending section 9 (MCL 211.9), as amended by 1996 PA 582.

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 830 To Report Out:

Yeas: Reps. Green, Julian, Bradstreet, DeRossett, DeVuyst, Ehardt, Rick Johnson, Koetje, Vear, Hansen, Rivet, Sheltrown, Spade,

Nays: None.

COMMITTEE ATTENDANCE REPORT

The following report, submitted by Rep. Green, Chair of the Committee on Agriculture and Resource Management, was received and read:

Meeting held on: Tuesday, May 23, 2000, at 8:00 a.m.,

Present: Reps. Green, Julian, Bradstreet, DeRossett, DeVuyst, Ehardt, Howell, Rick Johnson, Koetje, Vear, Brater, Bogardus, Hansen, LaForge, Rivet, Sheltrown, Spade.

The Committee on Criminal Law and Corrections, by Rep. Faunce, Chair, reported

House Bill No. 5503, entitled

A bill to amend 1931 PA 328, entitled "The Michigan penal code," by amending section 215 (MCL 750.215), as amended by 1991 PA 145.

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

HB 5503 To Report Out:

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

Nays: None.

The Committee on Criminal Law and Corrections, by Rep. Faunce, Chair, reported

House Bill No. 5504, entitled

A bill to amend 1927 PA 175, entitled "The code of criminal procedure," by amending section 16l of chapter XVII (MCL 777.16l), as amended by 1999 PA 168.

With the recommendation that the bill pass.

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

Favorable Roll Call

HB 5504 To Report Out:

Yeas: Reps. Faunce, Bishop, Richner, Sanborn, Shulman, Baird, Jacobs, O'Neil,

Nays: None.

The Committee on Criminal Law and Corrections, by Rep. Faunce, Chair, reported

Senate Bill No. 373

A bill to amend 1927 PA 175, entitled "The code of criminal procedure," by amending sections 1, 5, 11, 12, 13, 14, 15, 16a, 16b, 16c, 16d, 16e, 16f, 16g, 16h, 16i, 16j, 16k, 16l, 16m, 16n, 16o, 16p, 16q, 16r, 16s, 16t, 16u, 16v, 16w, 16x, 16y, 16z, 17, 18, 19, 21, 35, 36, 43, 47, 48, 54, and 55 of chapter XVII (MCL 777.1, 777.5, 777.11, 777.12, 777.13, 777.14, 777.15, 777.16a, 777.16b, 777.16c, 777.16d, 777.16e, 777.16f, 777.16g, 777.16h, 777.16i, 777.16j, 777.16k, 777.16l, 777.16m, 777.16n, 777.16o, 777.16p, 777.16q, 777.16r, 777.16s, 777.16t, 777.16u, 777.16v, 777.16w, 777.16x, 777.16y, 777.16z, 777.17, 777.18, 777.19, 777.21, 777.35, 777.36, 777.43, 777.47, 777.48, 777.54, and 777.55), sections 1, 5, 12, 14, 15, 16a, 16b, 16c, 16e, 16h, 16i, 16j, 16k, 16l, 16m, 16n, 16o, 16p, 16q, 16r, 16s, 16t, 16u, 16v, 16w, 16x, 16y, 18, 19, 21, 35, 36, 43, 47, 48, 54, and 55 as added by 1998 PA 317, section 11 as amended by 1999 PA 90, section 13 as amended by 1999 PA 61, section 16d as amended by 1999 PA 192, section 16f as amended by 1999 PA 45, section 16g as amended by 1999 PA 39, section 16l as amended by 1999 PA 168, section 16z as amended by 1999 PA 186, and section 17 as amended by 1999 PA 67; and to repeal acts and parts of acts.

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

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

Favorable Roll Call

SB 373 To Report Out:

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

Nays: None.

The Committee on Criminal Law and Corrections, by Rep. Faunce, Chair, reported

Senate Bill No. 1222, entitled

A bill to amend 1927 PA 175, entitled "The code of criminal procedure," by amending section 15 of chapter IV (MCL 764.15), as amended by 1999 PA 269.

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

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

Favorable Roll Call

SB 1222 To Report Out:

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

Nays: None.

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Tuesday, May 23, 2000, at 9:30 a.m.,

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

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

House Bill No. 4245, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending section 2150 (MCL 324.2150), as amended by 1996 PA 585.

With the recommendation that the bill pass.

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

Favorable Roll Call

HB 4245 To Report Out:

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

Nays: None.

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

House Bill No. 4246, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," (MCL 324.101 to 324.90106) by adding section 2150a.

With the recommendation that the bill pass.

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

Favorable Roll Call

HB 4246 To Report Out:

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

Nays: None.

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

House Bill No. 4474, entitled

A bill to amend 1977 PA 89, entitled "State aid to public libraries act," by amending section 5 (MCL 397.555).

With the recommendation that the bill pass.

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

Favorable Roll Call

HB 4474 To Report Out:

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

Nays: None.

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

House Bill No. 5043, entitled

A bill to amend 1967 PA 281, entitled "Income tax act of 1967," by amending section 260 (MCL 206.260), as amended by 1996 PA 484.

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 5043 To Report Out:

Yeas: Reps. Cassis, Woronchak, Allen, Gilbert, Gosselin, Koetje, Patterson, Vander Roest, Vear, Quarles, Minore, O'Neil, Switalski,

Nays: None.

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

Senate Bill No. 1191, entitled

A bill to amend 1993 PA 330, entitled "State real estate transfer tax act," by amending section 6 (MCL 207.526), as amended by 1994 PA 255.

With the recommendation that the bill pass.

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

Favorable Roll Call

SB 1191 To Report Out:

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

Nays: None.

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Tuesday, May 23, 2000, at 9:00 a.m.,

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

Announcement by the Clerk of Printing and Enrollment

The Clerk announced the enrollment printing and presentation to the Governor on Friday, May 19, for his approval of the following bill:

Enrolled House Bill No. 4809 at 11:14 a.m.

The Clerk announced that the following bills had been printed and placed upon the files of the members, Friday, May 19:

House Bill Nos. 5808 5809 5810 5811 5812 5813

The Clerk announced the enrollment printing and presentation to the Governor on Tuesday, May 23, for his approval of the following bills:

Enrolled House Bill No. 4400 at 11:46 a.m.

Enrolled House Bill No. 5227 at 11:48 a.m.

Enrolled House Bill No. 5230 at 11:50 a.m.

Enrolled House Bill No. 5270 at 11:52 a.m.

Enrolled House Bill No. 5443 at 11:54 a.m.

Enrolled House Bill No. 5444 at 11:56 a.m.

Enrolled House Bill No. 5582 at 11:58 a.m.

Enrolled House Bill No. 5592 at 12:00 p.m.

Enrolled House Bill No. 5593 at 12:02 p.m.

Enrolled House Bill No. 5595 at 12:04 p.m.

Enrolled House Bill No. 5596 at 12:06 p.m.

Enrolled House Bill No. 5597 at 12:08 p.m.

Enrolled House Bill No. 5598 at 12:10 p.m.

Enrolled House Bill No. 5600 at 12:12 p.m.

Enrolled House Bill No. 5601 at 12:14 p.m.

Enrolled House Bill No. 5602 at 12:16 p.m.

Enrolled House Bill No. 5603 at 12:18 p.m.

Enrolled House Bill No. 5604 at 12:20 p.m.

Enrolled House Bill No. 5620 at 12:22 p.m.

Enrolled House Bill No. 5626 at 12:24 p.m.

Enrolled House Bill No. 5631 at 12:26 p.m.

Enrolled House Bill No. 5633 at 12:28 p.m.

The Clerk announced that the following Senate bills had been received on Tuesday, May 23:

Senate Bill Nos. 859 937 940 941 945 1108 1109 1212 1251 1253

By unanimous consent the House returned to the order of

Messages from the Senate

House Bill No. 4205, entitled

A bill to amend 1931 PA 328, entitled "The Michigan penal code," by amending section 115 (MCL 750.115).

The Senate has passed the bill, ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title.

The House agreed to the full title.

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

House Bill No. 5316, entitled

A bill to authorize certain governmental units to issue notes or bonds for planning for the acquisition, construction, improvement, or installation of safe drinking water facilities; to provide security for the payment of the principal of and interest on the notes or bonds; and to prescribe the powers and duties of certain governmental units.

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. 4238, entitled

A bill to amend 1927 PA 175, entitled "The code of criminal procedure," by amending section 27 of chapter IX (MCL 769.27) and by adding section 1g to chapter IX.

The Senate has substituted (S-4) the bill.

The Senate has passed the bill as substituted (S-4), ordered that it be given immediate effect and amended the title to read as follows:

A bill to amend 1927 PA 175, entitled "An act to revise, consolidate, and codify the laws relating to criminal procedure and to define the jurisdiction, powers, and duties of courts, judges, and other officers of the court under the provisions of this act; to provide laws relative to the rights of persons accused of criminal offenses and ordinance violations; to provide for the arrest of persons charged with or suspected of criminal offenses and ordinance violations; to provide for bail of persons arrested for or accused of criminal offenses and ordinance violations; to provide for the examination of persons accused of criminal offenses; to regulate the procedure relative to grand juries, indictments, informations, and proceedings before trial; to provide for trials of persons complained of or indicted for criminal offenses and ordinance violations and to provide for the procedure in those trials; to provide for judgments and sentences of persons convicted of criminal offenses and ordinance violations; to establish a sentencing commission and to prescribe its powers and duties; to provide for procedure relating to new trials and appeals in criminal and ordinance violation cases; to provide a uniform system of probation throughout this state and the appointment of probation officers; to prescribe the powers, duties, and compensation of probation officers; to provide penalties for the violation of the duties of probation officers; to provide for procedure governing proceedings to prevent crime and proceedings for the discovery of crime; to provide for fees of officers, witnesses, and others in criminal and ordinance violation cases; to set forth miscellaneous provisions as to criminal procedure in certain cases; to provide penalties for the violation of certain provisions of this act; and to repeal all acts and parts of acts inconsistent with or contravening any of the provisions of this act," by amending sections 1e, 16a, and 27 of chapter IX (MCL 769.1e, 769.16a, and 769.27), section 1e as added by 1993 PA 360 and section 16a as amended by 1999 PA 87, and by adding section 1h to chapter IX.

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

House Bill No. 4239, entitled

A bill to amend 1953 PA 232, entitled "An act to revise, consolidate, and codify the laws relating to probationers and probation officers, to pardons, reprieves, commutations, and paroles, to the administration of correctional institutions, correctional farms, and probation recovery camps, to prisoner labor and correctional industries, and to the supervision and inspection of local jails and houses of correction; to provide for the siting of correctional facilities; to create a state department of corrections, and to prescribe its powers and duties; to provide for the transfer to and vesting in said department of powers and duties vested by law in certain other state boards, commissions, and officers, and to abolish certain boards, commissions, and offices the powers and duties of which are transferred by this act; to allow for the operation of certain facilities by private entities; to prescribe the powers and duties of certain other state departments and agencies; to provide for the creation of a local lockup advisory board; to prescribe penalties for the violation of the provisions of this act; to make certain appropriations; to repeal certain parts of this act on specific dates; and to repeal all acts and parts of acts inconsistent with the provisions of this act," by amending section 64 (MCL 791.264).

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. 5232, entitled

A bill to amend 1961 PA 236, entitled "Revised judicature act of 1961," (MCL 600.101 to 600.9948) by adding section 2955b.

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

The Senate has passed the bill as substituted (S-1), ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title.

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

Senate Bill No. 378, entitled

A bill to amend 1931 PA 328, entitled "An act to revise, consolidate, codify and add to the statutes relating to crimes; to define crimes and prescribe the penalties therefor; to provide for restitution under certain circumstances; to provide for the competency of evidence at the trial of persons accused of crime; to provide immunity from prosecution for certain witnesses appearing at such trials; and to repeal certain acts and parts of acts inconsistent with or contravening any of the provisions of this act," (MCL 750.1 to 750.568) by adding section 174a.

The Senate has amended the House substitute (H-4) as follows:

1. Amend page 5, line 18, by striking out all of line 18 and inserting "90 days after the date it is enacted.".

The Senate has concurred in the House substitute (H-4) as amended, ordered that the bill be given immediate effect and agreed to the full title.

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

Senate Bill No. 597, entitled

A bill to amend 1927 PA 175, entitled "An act to revise, consolidate, and codify the laws relating to criminal procedure and to define the jurisdiction, powers, and duties of courts, judges, and other officers of the court under the provisions of this act; to provide laws relative to the rights of persons accused of criminal offenses and ordinance violations; to provide for the arrest of persons charged with or suspected of criminal offenses and ordinance violations; to provide for bail of persons arrested for or accused of criminal offenses and ordinance violations; to provide for the examination of persons accused of criminal offenses; to regulate the procedure relative to grand juries, indictments, informations, and proceedings before trial; to provide for trials of persons complained of or indicted for criminal offenses and ordinance violations and to provide for the procedure in those trials; to provide for judgments and sentences of persons convicted of criminal offenses and ordinance violations; to establish a sentencing commission and to prescribe its powers and duties; to provide for procedure relating to new trials and appeals in criminal and ordinance violation cases; to provide a uniform system of probation throughout this state and the appointment of probation officers; to prescribe the powers, duties, and compensation of probation officers; to provide penalties for the violation of the duties of probation officers; to provide for procedure governing proceedings to prevent crime and proceedings for the discovery of crime; to provide for fees of officers, witnesses, and others in criminal and ordinance violation cases; to set forth miscellaneous provisions as to criminal procedure in certain cases; to provide penalties for the violation of certain provisions of this act; and to repeal all acts and parts of acts inconsistent with or contravening any of the provisions of this act," by amending section 16i of chapter XVII (MCL 777.16i), as added by 1998 PA 317.

The Senate has amended the House substitute (H-1) as follows:

1. Amend page 2, following line 36, enacting section 1, after "effect" by striking out the balance of the enacting section and inserting "90 days after the date it is enacted.".

The Senate has concurred in the House substitute (H-1) as amended, ordered that the bill be given immediate effect and agreed to the full title.

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

Senate Bill No. 859, entitled

A bill to amend 1949 PA 300, entitled "Michigan vehicle code," (MCL 257.1 to 257.923) by adding section 667a.

The Senate has passed the bill.

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

Senate Bill No. 937, entitled

A bill to amend 1939 PA 3, entitled "An act to provide for the regulation and control of public utilities and other services affected with a public interest within this state; to create a public service commission and to prescribe and define its powers and duties; to abolish the Michigan public utilities commission and to confer the powers and duties vested by law therein on the public service commission; to provide for the continuance, transfer, and completion of certain matters and proceedings; to abolish automatic adjustment clauses; to prohibit rate increases without notice and hearing; to qualify residential energy conservation programs permitted under state law for certain federal exemption; to provide for a restructuring of rates for certain utilities; to encourage the utilization of resource recovery facilities; to provide for appeals; to provide appropriations; to declare the effect of this act; to prescribe penalties; and to repeal all acts contrary to this act," by amending section 6l (MCL 460.6l), as added by 1982 PA 304, and by adding sections 10, 10a, 10b, 10c, 10d, 10e, 10f, 10g, 10p, 10q, 10r, 10s, 10t, 10v, 10w, 10x, 10y, and 10aa.

The Senate has passed the bill.

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

Senate Bill No. 940, entitled

A bill to amend 1951 PA 35, entitled "An act to authorize intergovernmental contracts between municipal corporations; to authorize any municipal corporation to contract with any person or any municipal corporation to furnish any lawful municipal service to property outside the corporate limits of the first municipal corporation for a consideration; to prescribe certain penalties; to authorize contracts between municipal corporations and with certain nonprofit public transportation corporations to form group self-insurance pools; and to prescribe conditions for the performance of those contracts," by amending section 3 (MCL 124.3).

The Senate has passed the bill.

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

Senate Bill No. 941, entitled

A bill to amend 1909 PA 279, entitled "The home rule city act," by amending section 4f (MCL 117.4f).

The Senate has passed the bill.

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

Senate Bill No. 945, entitled

A bill to amend 1974 PA 163, entitled "L.E.I.N. policy council act of 1974," by amending section 4 (MCL 28.214), as amended by 1998 PA 459.

The Senate has passed the bill.

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

Senate Bill No. 1108, entitled

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

The Senate has passed the bill.

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

Senate Bill No. 1109, entitled

A bill to amend 1931 PA 328, entitled "The Michigan penal code," by repealing section 348 (MCL 750.348).

The Senate has passed the bill.

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

Senate Bill No. 1212, entitled

A bill to amend 1949 PA 300, entitled "Michigan vehicle code," (MCL 257.1 to 257.923) by adding section 911.

The Senate has passed the bill.

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

Senate Bill No. 1251, entitled

A bill to amend 1996 PA 376, entitled "Michigan renaissance zone act," by amending sections 3, 4, 6, 7, and 10 (MCL 125.2683, 125.2684, 125.2686, 125.2687, and 125.2690), section 3 as amended by 1999 PA 98 and sections 4, 6, and 10 as amended by 1999 PA 139, and by adding sections 8c and 12a.

The Senate has passed the bill.

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

Senate Bill No. 1253, entitled

A bill to amend 1939 PA 3, entitled "An act to provide for the regulation and control of public utilities and other services affected with a public interest within this state; to create a public service commission and to prescribe and define its powers and duties; to abolish the Michigan public utilities commission and to confer the powers and duties vested by law therein on the public service commission; to provide for the continuance, transfer, and completion of certain matters and proceedings; to abolish automatic adjustment clauses; to prohibit rate increases without notice and hearing; to qualify residential energy conservation programs permitted under state law for certain federal exemption; to provide for a restructuring of rates for certain utilities; to encourage the utilization of resource recovery facilities; to provide for appeals; to provide appropriations; to declare the effect of this act; to prescribe penalties; and to repeal all acts contrary to this act," (MCL 460.1 to 460.8) by adding sections 10h, 10i, 10j, 10k, 10l, 10m, 10n, 10o, and 10z.

The Senate has passed the bill.

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

Notices

I hereby give notice that on the next legislative session day I will move to discharge the Committee on Tax Policy from further consideration of House Bill No. 5080.

Rep. Minore

Introduction of Bills

Reps. Patterson, Toy and Mortimer introduced

House Bill No. 5814, entitled

A bill to amend 1979 PA 94, entitled "The state school aid act of 1979," by amending section 20 (MCL 388.1620), as amended by 1999 PA 119.

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

Reps. Hale, Thomas, Bogardus, Hardman, Daniels, Quarles, Brewer, Neumann, Rison, Clark, Garza, Reeves, Jamnick, Scott, Vaughn, Kilpatrick, Rivet, Hansen, Clarke, Dennis, Stallworth, Price and Lemmons introduced

House Bill No. 5815, entitled

A bill to amend 1967 PA 150, entitled "Michigan military act," (MCL 32.501 to 32.851) by adding section 206.

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

Reps. Schauer, Lockwood, O'Neil, Baird, Jacobs, Hanley, Dennis, Switalski, Spade, Woodward, Wojno, Hansen, Jamnick, Gieleghem, Thomas, Garza, Rivet, Sheltrown, Frank, Pestka, Neumann, Brewer, Quarles, Bogardus, Bob Brown, Callahan, Mans, Clark, Hardman and Lemmons introduced

House Bill No. 5816, entitled

A bill to create certain prescription programs relating to the elderly; to enhance access to prescription drugs to certain elderly residents of the state; to prescribe the powers and duties of certain state departments and agencies; to provide for a fund; and to make appropriations.

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

Reps. Jellema, Caul, Stamas, Gosselin, Birkholz, Richner, Pappageorge, DeVuyst, Garcia and Jansen introduced

House Bill No. 5817, entitled

A bill to amend 1978 PA 368, entitled "Public health code," by amending sections 2803, 2834, 2848, 2850, and 2882 (MCL 333.2803, 333.2834, 333.2848, 333.2850, and 333.2882), section 2882 as amended by 1997 PA 54, and by adding sections 16283 and 20189.

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

Reps. Jellema, Caul, Stamas, Gosselin, Birkholz, Richner, Pappageorge, DeVuyst, Garcia and Jansen introduced

House Bill No. 5818, entitled

A bill to amend 1967 PA 281, entitled "Income tax act of 1967," by amending section 30 (MCL 206.30), as amended by 1999 PA 181; and to repeal acts and parts of acts.

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

Reps. Koetje, Bradstreet, Gosselin, Voorhees, Birkholz, Kuipers, Garcia, Toy, Garza, Hardman, Vander Roest and Jansen introduced

House Bill No. 5819, entitled

A bill to amend 1972 PA 239, entitled "McCauley-Traxler-Law-Bowman-McNeely lottery act," by amending sections 29 and 39 (MCL 432.29 and 432.39).

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

Reps. Koetje, Bradstreet, Gosselin, Voorhees, Birkholz, Kuipers, Garcia, Toy, Garza, Hardman, Vander Roest and Jansen introduced

House Bill No. 5820, entitled

A bill to amend 1995 PA 279, entitled "Horse racing law of 1995," by amending section 17 (MCL 431.317), as amended by 1998 PA 408.

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

Reps. Cassis, Garcia, Bisbee, Thomas, Kukuk, Gilbert, Pappageorge, Richner, O'Neil, Switalski, Gosselin, Minore, Jamnick, Jansen and Birkholz introduced

House Bill No. 5821, entitled

A bill to amend 1967 PA 281, entitled "Income tax act of 1967," by amending section 260 (MCL 206.260), as amended by 1996 PA 484.

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

Reps. Richardville, Scranton, DeRossett, Kukuk, Mans, Lockwood and Garcia introduced

House Bill No. 5822, entitled

A bill to amend 1959 PA 243, entitled "An act to define, license and regulate trailer coach parks; to prescribe the powers and duties of the state health commissioner and other state and local officers; to provide for the levy and collection of specific taxes on occupied trailers in trailer coach parks and the disposition of the revenues therefrom; to provide remedies and penalties for the violation of this act; and to repeal certain acts and parts of acts," by amending the title and sections 35, 41, 42, and 43 (MCL 125.1035, 125.1041, 125.1042, and 125.1043), section 42 as amended by 1994 PA 365.

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

Reps. Daniels, Kowall, Stallworth, Basham, Dennis, Hale, Vaughn, Bogardus, Bob Brown, Prusi, Mead, Cherry, Lockwood, Hanley, Kilpatrick, Thomas, Callahan, Jamnick, Clark, Hardman, Sheltrown, Reeves, Pestka, Stamas, Jellema, Kukuk, Gosselin, Voorhees, Middaugh, Bishop, Faunce, Van Woerkom, DeVuyst, Jansen, Pappageorge, Bradstreet, Hager, Shulman, Richardville, Sanborn and Birkholz introduced

House Bill No. 5823, entitled

A bill to amend 1949 PA 300, entitled "Michigan vehicle code," by amending section 811e (MCL 257.811e), as added by 2000 PA 77, and by adding section 811m.

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

Reps. Schauer, Dennis, Callahan, Scranton and Jacobs introduced

House Bill No. 5824, entitled

A bill to amend 1978 PA 368, entitled "Public health code," by amending sections 7106, 7311, 7401, 16106, 16221, 16226, 17435, 17708, 17750a, 17751, 17763, and 17766 (MCL 333.7106, 333.7311, 333.7401, 333.16106, 333.16221, 333.16226, 333.17435, 333.17708, 333.17750a, 333.17751, 333.17763, and 333.17766), section 7311 as amended by 1993 PA 80, section 7401 as amended by 1998 PA 319, sections 16106, 17708, 17751, and 17763 as amended by 1997 PA 153, section 16221 as amended by 1998 PA 227, section 16226 as amended by 1998 PA 109, sections 17435 and 17750a as added by 1994 PA 384, and section 17766 as amended by 1990 PA 30.

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

Reps. Faunce, Richardville, Law, Voorhees, Tabor, Julian, Rocca, Van Woerkom, Bradstreet, Kowall, Shackleton, LaSata, Kukuk, Cameron Brown and Cassis introduced

House Bill No. 5825, entitled

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

The bill was read a first time by its title and referred to the Committee on Senior Health, Security and Retirement.

Reps. Kowall, Law, Hager, Gilbert, Shackleton, Voorhees, Vander Roest, Julian, Shulman, Richardville, Sanborn, Bisbee, Woronchak, Ruth Johnson, Rocca, Faunce, Tabor, Richner and Jansen introduced

House Bill No. 5826, entitled

A bill to amend 1931 PA 328, entitled "The Michigan penal code," (MCL 750.1 to 750.568) by adding section 506d.

The bill was read a first time by its title and referred to the Committee on Senior Health, Security and Retirement.

Reps. Kukuk, Vander Roest, Law, Richardville, Caul, Ruth Johnson, Faunce, Gilbert, Toy, Tabor, Green, LaSata and Birkholz introduced

House Bill No. 5827, entitled

A bill to amend 1978 PA 368, entitled "Public health code," by amending section 21720a (MCL 333.21720a).

The bill was read a first time by its title and referred to the Committee on Senior Health, Security and Retirement.

Reps. Mortimer, Vear, Julian, Ehardt and Garcia introduced

House Bill No. 5828, entitled

A bill to amend 1937 PA 215, entitled "An act to authorize municipalities to own or control cemetery or burial grounds; to provide for perpetual care and maintenance; and to permit municipalities to authorize the creation of joint cemetery associations," by amending section 2 (MCL 128.2), as added by 1980 PA 366.

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

Reps. Mortimer, Vear, Julian, Ehardt and Garcia introduced

House Bill No. 5829, entitled

A bill to amend 1903 PA 81, entitled "An act to provide for the care and preservation of cemetery lots," by amending section 2 (MCL 128.82).

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

Reps. Mortimer, Vear, Julian, Ehardt and Garcia introduced

House Bill No. 5830, entitled

A bill to amend 1915 PA 113, entitled "An act prescribing the powers and duties of township boards and legislative bodies of cities and villages with relation to the care of cemeteries; and to provide for perpetual care deposits, and the disbursement thereof," by amending section 1 (MCL 128.61).

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

Reps. Mortimer, Vear, Julian, Ehardt and Garcia introduced

House Bill No. 5831, entitled

A bill to amend 1909 PA 95, entitled "An act to authorize township boards of trustees to receive and hold property, real or personal, left to the board in trust for the upkeep of a cemetery or lots in a cemetery, and permitting the board to expend the funds in accordance with the trust," by amending section 2 (MCL 128.72).

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

Rep. Jelinek introduced

House Bill No. 5832, entitled

A bill to amend 1961 PA 112, entitled "An act to authorize and provide for the issuance and sale of bonds and notes of the state; to provide funds for making loans to school districts for payment of principal and interest on certain school bonds; to provide for use of moneys repaid to the state by school districts; and to make an appropriation," by amending the title and sections 1 and 2 (MCL 388.981 and 388.982), the title and section 2 as amended by 1991 PA 64, and by adding sections 1a and 1b.

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

Rep. Jelinek introduced

House Bill No. 5833, entitled

A bill to amend 1961 PA 108, entitled "An act to provide for loans by the state of Michigan to school districts for the payment of principal and interest upon school bonds; to prescribe the terms and conditions of the loans and the conditions upon which levies for bond principal and interest shall be included in computing the amount to be so loaned by the state; to prescribe the powers and duties of the superintendent of public instruction and the state treasurer in relation to such loans; to provide for the repayment of such loans; to provide incentives for repayment of such loans; to provide for other matters in respect to such loans; and to make an appropriation," by amending the title and sections 1, 2, 3, 4, 4a, 5, 6, 7, 8, 9, 9b, 10, 10a, 11, and 12 (MCL 388.951, 388.952, 388.953, 388.954, 388.954a, 388.955, 388.956, 388.957, 388.958, 388.959, 388.959b, 388.960, 388.960a, 388.961, and 388.962), the title and sections 6 and 9 as amended and section 9b as added by 1991 PA 65, sections 2, 4, and 11 as amended by 1992 PA 228, section 3 as amended by 1985 PA 25, section 4a as amended by 1991 PA 22, section 5 as amended by 1983 PA 124, and section 10 as amended and section 10a as added by 1989 PA 6, and by adding sections 1a, 9c, 10b, 10c, and 11a; and to repeal acts and parts of acts.

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

______

Rep. Jansen moved that the House adjourn.

The motion prevailed, the time being 11:59 p.m.

Associate Speaker Pro Tempore Scranton declared the House adjourned until Wednesday, May 24, at 12:00 Noon.

GARY L. RANDALL

Clerk of the House of Representatives.