hj05301t.046

No. 46

STATE OF MICHIGAN

JOURNAL

OF THE

House of Representatives

91st Legislature

REGULAR SESSION OF 2001

House Chamber, Lansing, Wednesday, May 30, 2001.

12:00 Noon.

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

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

Adamini--present

Allen--present

Anderson--present

Basham--present

Bernero--present

Birkholz--present

Bisbee--present

Bishop--present

Bogardus--present

Bovin--present

Bradstreet--present

Brown, Bob--present

Brown, Cameron--present

Brown, Rich--present

Callahan--present

Cassis--present

Caul--present

Clark--present

Clarke--present

Daniels--present

Dennis--present

DeRossett--present

DeVuyst--present

DeWeese--present

Drolet--present

Ehardt--present

Faunce--present

Frank--present

Garza--present

George--present

Gieleghem--present

Gilbert--present

Godchaux--present

Gosselin--present

Hager--present

Hale--present

Hansen--present

Hardman--excused

Hart--present

Howell--present

Jacobs--present

Jamnick--e/d/s

Jansen--present

Jelinek--present

Johnson, Rick--present

Johnson, Ruth--present

Julian--present

Kilpatrick--present

Koetje--present

Kolb--present

Kooiman--present

Kowall--present

Kuipers--present

LaSata--present

Lemmons--present

Lipsey--present

Lockwood--present

Mans--e/d/s

McConico--present

Mead--present

Meyer--present

Middaugh--present

Minore--present

Mortimer--present

Murphy--present

Neumann--present

Newell--present

O'Neil--present

Pappageorge--present

Patterson--present

Pestka--present

Phillips--present

Plakas--present

Pumford--present

Quarles--present

Raczkowski--present

Reeves--present

Richardville--present

Richner--e/d/s

Rison--present

Rivet--present

Rocca--present

Sanborn--present

Schauer--present

Schermesser--present

Scranton--e/d/s

Shackleton--present

Sheltrown--present

Shulman--present

Spade--present

Stallworth--e/d/s

Stamas--present

Stewart--present

Switalski--present

Tabor--present

Thomas--present

Toy--present

Vander Roest--present

Vander Veen--present

Van Woerkom--present

Vear--present

Voorhees--present

Waters--present

Whitmer--present

Williams--present

Wojno--present

Woodward--present

Woronchak--present

Zelenko--present

e/d/s = entered during session

Rep. Triette Reeves, from the 13th District, offered the following invocation:

"The Lord is in his holy temple. Let all the earth keep silence before Him. Father, we ask for Your wisdom and Your guidance this day. We ask for Your spirit to dwell on this place. We ask that You would guide the men and women here who submit to You, Lord in the way that You would have them, to go to the glory of Your name. We ask that You bless that which we do that is according to Your will and that which is not according to Your will, that You convict. We thank You and we praise You for this is the day that the Lord hath made. Let us rejoice and be glad in it. In Jesus' name. Amen."

______

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

The motion prevailed.

Rep. Lipsey moved that Rep. McConico be excused temporarily from today's session.

The motion prevailed.

Third Reading of Bills

Senate Bill No. 431, entitled

A bill to amend 1956 PA 218, entitled "The insurance code of 1956," by amending section 115 (MCL 500.115), as added by 1992 PA 182, and by adding chapter 5.

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

Roll Call No. 196 Yeas--92

Adamini Frank Kuipers Sanborn

Allen Garza LaSata Schermesser

Basham George Lemmons Shackleton

Birkholz Gieleghem Lipsey Sheltrown

Bisbee Gilbert Lockwood Shulman

Bishop Godchaux Mead Spade

Bradstreet Gosselin Meyer Stamas

Brown, B. Hager Middaugh Stewart

Brown, C. Hale Minore Switalski

Brown, R. Hansen Mortimer Tabor

Callahan Hart Murphy Thomas

Cassis Howell Newell Toy

Caul Jacobs Pappageorge Van Woerkom

Clark, I. Jansen Patterson Vander Roest

Clarke, H. Jelinek Pestka Vander Veen

Daniels Johnson, Rick Phillips Vear

Dennis Johnson, Ruth Plakas Voorhees

DeRossett Julian Pumford Waters

DeVuyst Kilpatrick Quarles Whitmer

DeWeese Koetje Raczkowski Wojno

Drolet Kolb Richardville Woodward

Ehardt Kooiman Rivet Woronchak

Faunce Kowall Rocca Zelenko

Nays--0

In The Chair: Julian

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

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

A bill to amend 1956 PA 218, entitled "An act to revise, consolidate, and classify the laws relating to the insurance and surety business; to regulate the incorporation or formation of domestic insurance and surety companies and associations and the admission of foreign and alien companies and associations; to provide their rights, powers, and immunities and to prescribe the conditions on which companies and associations organized, existing, or authorized under this act may exercise their powers; to provide the rights, powers, and immunities and to prescribe the conditions on which other persons, firms, corporations, associations, risk retention groups, and purchasing groups engaged in an insurance or surety business may exercise their powers; to provide for the imposition of a privilege fee on domestic insurance companies and associations and the state accident fund; to provide for the imposition of a tax on the business of foreign and alien companies and associations; to provide for the imposition of a tax on risk retention groups and purchasing groups; to provide for the imposition of a tax on the business of surplus line agents; to provide for the imposition of regulatory fees on certain insurers; to modify tort liability arising out of certain accidents; to provide for limited actions with respect to that modified tort liability and to prescribe certain procedures for maintaining those actions; to require security for losses arising out of certain accidents; to provide for the continued availability and affordability of automobile insurance and homeowners insurance in this state and to facilitate the purchase of that insurance by all residents of this state at fair and reasonable rates; to provide for certain reporting with respect to insurance and with respect to certain claims against uninsured or self-insured persons; to prescribe duties for certain state departments and officers with respect to that reporting; to provide for certain assessments; to establish and continue certain state insurance funds; to modify and clarify the status, rights, powers, duties, and operations of the nonprofit malpractice insurance fund; to provide for the departmental supervision and regulation of the insurance and surety business within this state; to provide for regulation over worker's compensation self-insurers; to provide for the conservation, rehabilitation, or liquidation of unsound or insolvent insurers; to provide for the protection of policyholders, claimants, and creditors of unsound or insolvent insurers; to provide for associations of insurers to protect policyholders and claimants in the event of insurer insolvencies; to prescribe educational requirements for insurance agents and solicitors; to provide for the regulation of multiple employer welfare arrangements; to create an automobile theft prevention authority to reduce the number of automobile thefts in this state; to prescribe the powers and duties of the automobile theft prevention authority; to provide certain powers and duties upon certain officials, departments, and authorities of this state; to repeal acts and parts of acts; and to provide penalties for the violation of this act," by amending section 115 (MCL 500.115), as added by 1992 PA 182, and by adding section 2013 and chapter 5.

The motion prevailed.

The House agreed to the title as amended.

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

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

______

Reps. Scranton, Jamnick and Mans entered the House Chambers.

Rep. Garza moved that Rep. Schauer be excused temporarily from today's session.

The motion prevailed.

Senate Bill No. 230, entitled

A bill to make appropriations for the department of agriculture for the fiscal year ending September 30, 2002; to provide for the expenditure of the appropriations; to create funds; to provide for the imposition of fees; to require reports, audits, and plans; to authorize certain transfers by certain state agencies; and to provide for the disposition of fees and other income received by certain state agencies.

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

Roll Call No. 197 Yeas--100

Adamini Faunce LaSata Rocca

Allen Frank Lemmons Sanborn

Anderson Garza Lipsey Schermesser

Basham George Lockwood Scranton

Bernero Gieleghem Mans Shackleton

Birkholz Gilbert McConico Sheltrown

Bisbee Godchaux Mead Shulman

Bishop Hager Meyer Spade

Bogardus Hale Middaugh Stamas

Bovin Hansen Minore Stewart

Bradstreet Hart Mortimer Switalski

Brown, B. Howell Murphy Tabor

Brown, C. Jacobs Neumann Thomas

Brown, R. Jamnick Newell Toy

Callahan Jansen Pappageorge Van Woerkom

Cassis Jelinek Patterson Vander Roest

Caul Johnson, Rick Pestka Vander Veen

Clark, I. Johnson, Ruth Phillips Vear

Clarke, H. Julian Plakas Voorhees

Daniels Kilpatrick Pumford Waters

Dennis Koetje Quarles Whitmer

DeRossett Kolb Raczkowski Wojno

DeVuyst Kooiman Richardville Woodward

DeWeese Kowall Rison Woronchak

Ehardt Kuipers Rivet Zelenko

Nays--2

Drolet Gosselin

In The Chair: Julian

The House agreed to the title of the bill.

Senate Bill No. 236, entitled

A bill to make appropriations for the judicial branch for the fiscal year ending September 30, 2002; to provide for the expenditure of these appropriations; to place certain restrictions on the expenditure of these appropriations; to prescribe the powers and duties of certain officials and employees; to require certain reports; and to provide for the disposition of fees and other income received by the judicial branch.

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

Roll Call No. 198 Yeas--102

Adamini Garza Lockwood Sanborn

Allen George Mans Schermesser

Anderson Gieleghem McConico Scranton

Basham Gilbert Mead Shackleton

Bernero Godchaux Meyer Sheltrown

Birkholz Hager Middaugh Shulman

Bisbee Hale Minore Spade

Bishop Hansen Mortimer Stamas

Bogardus Hart Murphy Stewart

Bovin Howell Neumann Switalski

Bradstreet Jacobs Newell Tabor

Brown, B. Jamnick O'Neil Thomas

Brown, C. Jansen Pappageorge Toy

Brown, R. Jelinek Patterson Van Woerkom

Callahan Johnson, Rick Pestka Vander Roest

Caul Johnson, Ruth Phillips Vander Veen

Clark, I. Julian Plakas Vear

Clarke, H. Kilpatrick Pumford Voorhees

Daniels Koetje Quarles Waters

Dennis Kolb Raczkowski Whitmer

DeRossett Kooiman Reeves Williams

DeVuyst Kowall Richardville Wojno

DeWeese Kuipers Rison Woodward

Ehardt LaSata Rivet Woronchak

Faunce Lemmons Rocca Zelenko

Frank Lipsey

Nays--3

Cassis Drolet Gosselin

In The Chair: Julian

The House agreed to the title of the bill.

Senate Bill No. 237, entitled

A bill to make appropriations for the department of military and veterans affairs for the fiscal year ending September 30, 2002; to provide for the expenditure of the appropriations; to provide for certain powers and duties of the department of military and veterans affairs, other state agencies, and local units of government related to the appropriations; and to provide for the preparation of certain reports related to the appropriations.

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

Roll Call No. 199 Yeas--102

Adamini Frank Lockwood Schauer

Allen George McConico Schermesser

Anderson Gieleghem Mead Scranton

Basham Gilbert Meyer Shackleton

Bernero Godchaux Middaugh Sheltrown

Birkholz Hager Minore Shulman

Bisbee Hale Mortimer Spade

Bishop Hansen Murphy Stamas

Bogardus Hart Neumann Stewart

Bovin Howell Newell Switalski

Bradstreet Jacobs O'Neil Tabor

Brown, B. Jamnick Pappageorge Thomas

Brown, C. Jansen Patterson Toy

Brown, R. Jelinek Pestka Van Woerkom

Callahan Johnson, Rick Phillips Vander Roest

Cassis Johnson, Ruth Plakas Vander Veen

Caul Julian Pumford Vear

Clark, I. Kilpatrick Quarles Voorhees

Clarke, H. Koetje Raczkowski Waters

Daniels Kolb Reeves Whitmer

Dennis Kooiman Richardville Williams

DeRossett Kowall Rison Wojno

DeVuyst Kuipers Rivet Woodward

DeWeese LaSata Rocca Woronchak

Ehardt Lemmons Sanborn Zelenko

Faunce Lipsey

Nays--2

Drolet Gosselin

In The Chair: Julian

The House agreed to the title of the bill.

______

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

The motion prevailed.

Senate Bill No. 238, entitled

A bill to make appropriations for the department of state police and certain other state purposes for the fiscal year ending September 30, 2002; to provide for the expenditure of those appropriations; to provide for certain reports and the consideration of those reports; to provide for the disposition of other income received by the various state agencies; to provide for the testing of certain persons; to provide for certain emergency powers; and to provide for the powers and duties of certain committees, certain state agencies, and certain employees.

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

Roll Call No. 200 Yeas--100

Adamini Frank Lockwood Sanborn

Allen George Mans Schauer

Anderson Gieleghem McConico Schermesser

Basham Gilbert Mead Shackleton

Bernero Hager Meyer Sheltrown

Birkholz Hale Middaugh Shulman

Bisbee Hansen Minore Spade

Bishop Hart Mortimer Stamas

Bogardus Howell Murphy Stewart

Bovin Jacobs Neumann Switalski

Bradstreet Jamnick Newell Tabor

Brown, B. Jansen O'Neil Thomas

Brown, C. Jelinek Pappageorge Toy

Brown, R. Johnson, Rick Patterson Van Woerkom

Callahan Johnson, Ruth Pestka Vander Roest

Cassis Julian Phillips Vander Veen

Caul Kilpatrick Plakas Vear

Clark, I. Koetje Pumford Voorhees

Clarke, H. Kolb Quarles Waters

Dennis Kooiman Raczkowski Whitmer

DeRossett Kowall Reeves Williams

DeVuyst Kuipers Richardville Wojno

DeWeese LaSata Rison Woodward

Ehardt Lemmons Rivet Woronchak

Faunce Lipsey Rocca Zelenko

Nays--3

Drolet Godchaux Gosselin

In The Chair: Julian

The House agreed to the title of the bill.

______

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

The motion prevailed.

House Bill No. 4789, entitled

A bill to amend 1980 PA 300, entitled "The public school employees retirement act of 1979," by amending section 61 (MCL 38.1361), as amended by 1999 PA 68.

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

Roll Call No. 201 Yeas--103

Adamini Frank Lipsey Schauer

Allen George Lockwood Schermesser

Anderson Gieleghem Mans Scranton

Basham Gilbert McConico Shackleton

Bernero Godchaux Mead Sheltrown

Birkholz Gosselin Meyer Shulman

Bisbee Hager Middaugh Spade

Bishop Hale Minore Stamas

Bogardus Hansen Mortimer Stewart

Bovin Hart Murphy Switalski

Bradstreet Howell Neumann Tabor

Brown, B. Jacobs Newell Thomas

Brown, C. Jamnick O'Neil Toy

Brown, R. Jansen Pappageorge Van Woerkom

Callahan Jelinek Patterson Vander Roest

Cassis Johnson, Rick Pestka Vander Veen

Caul Johnson, Ruth Phillips Vear

Clark, I. Julian Plakas Voorhees

Clarke, H. Kilpatrick Pumford Waters

Dennis Koetje Quarles Whitmer

DeRossett Kolb Raczkowski Williams

DeVuyst Kooiman Reeves Wojno

DeWeese Kowall Richardville Woodward

Drolet Kuipers Rivet Woronchak

Ehardt LaSata Rocca Zelenko

Faunce Lemmons Sanborn

Nays--0

In The Chair: Julian

The House agreed to the title of the bill.

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

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

______

Rep. Richner entered the House Chambers.

House Bill No. 4610, entitled

A bill to amend 1990 PA 250, entitled "DNA identification profiling system act," by amending section 6 (MCL 28.176), as amended by 2000 PA 30.

The bill was read a third time.

The question being on the passage of the bill,

Reps. Patterson and Jacobs moved to amend the bill as follows:

1. Amend page 5, following line 3, subsection (5), after the second "ORDER" by striking out "OR" and inserting "OF".

2. Amend page 5, following line 3, by striking out all of subsection (8) and inserting:

"(8) BEGINNING DECEMBER 31, 2002, THE DIRECTOR OF THE DEPARTMENT SHALL REPORT BY DECEMBER 31 OF EACH YEAR CONCERNING THE RATE OF DNA SAMPLE COLLECTION, DNA IDENTIFICATION PROFILING, RETENTION AND COMPILATION OF DNA IDENTIFICATION PROFILES, AND THE COLLECTION OF ASSESSMENTS REQUIRED UNDER SUBSECTION (4) TO ALL OF THE FOLLOWING:

(A) THE STANDING COMMITTEES OF THE SENATE AND HOUSE OF REPRESENTATIVES CONCERNED WITH DNA SAMPLE COLLECTION AND RETENTION.

(B) THE HOUSE OF REPRESENTATIVES APPROPRIATIONS SUBCOMMITTEE ON STATE AND MILITARY AFFAIRS.

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

Rep. Bogardus moved to amend the bill as follows:

1. Amend page 3, line 8, after "OR (I)," by striking out "335,".

2. Amend page 3, line 9, after "MCL 750.167," by striking out "750.335,".

3. Amend page 3, line 11, after "OR (I)," by striking out "335,".

4. Amend page 3, line 12, after "MCL 750.167," by striking out "750.335,".

5. Amend page 3, line 24, by striking out all of subparagraph (iii) and renumbering the remaining subparagraphs.

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

Rep. Faunce moved to amend the bill as follows:

1. Amend page 5, following line 3, subsection (7), subdivision (A), after "SECTION" by striking out the balance of the subdivision and inserting "TO THE COUNTY SHERIFF OR OTHER LAW ENFORCEMENT AGENCY THAT COLLECTED THE DNA SAMPLE AS DESIGNATED BY THE COURT TO DEFRAY THE COSTS OF COLLECTING DNA SAMPLES.".

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

The question being on the passage of the bill,

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

Roll Call No. 202 Yeas--105

Adamini Frank Lemmons Rocca

Allen Garza Lipsey Sanborn

Anderson George Lockwood Schauer

Basham Gieleghem Mans Schermesser

Bernero Gilbert McConico Scranton

Birkholz Godchaux Mead Shackleton

Bisbee Gosselin Meyer Sheltrown

Bishop Hager Middaugh Shulman

Bogardus Hale Minore Spade

Bovin Hansen Mortimer Stamas

Bradstreet Hart Murphy Stewart

Brown, B. Howell Neumann Switalski

Brown, C. Jacobs Newell Tabor

Brown, R. Jamnick O'Neil Thomas

Callahan Jansen Pappageorge Toy

Cassis Jelinek Patterson Van Woerkom

Caul Johnson, Rick Pestka Vander Roest

Clark, I. Johnson, Ruth Phillips Vander Veen

Clarke, H. Julian Plakas Vear

Daniels Kilpatrick Pumford Voorhees

Dennis Koetje Raczkowski Waters

DeRossett Kolb Reeves Whitmer

DeVuyst Kooiman Richardville Wojno

DeWeese Kowall Richner Woodward

Drolet Kuipers Rison Woronchak

Ehardt LaSata Rivet Zelenko

Faunce

Nays--0

In The Chair: Julian

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

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

A bill to amend 1990 PA 250, entitled "DNA identification profiling system act," by amending sections 2 and 6 (MCL 28.172 and 28.176), section 2 as amended by 1996 PA 508 and section 6 as amended by 2000 PA 30, and by adding section 3a.

The motion prevailed.

The House agreed to the title as amended.

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

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

______

Rep. Scranton, under Rule 33, made the following statement:

"Mr. Speaker and members of the House:

I was absent from the Chamber when the vote was taken on Roll Call No. 200. Had I been present, I would have voted 'yea'."

House Bill No. 4611, entitled

A bill to amend 1939 PA 288, entitled "Probate code of 1939," by amending section 18k of chapter XIIA (MCL 712A.18k), as amended by 1998 PA 478.

The bill was read a third time.

The question being on the passage of the bill,

Reps. Patterson and Jacobs moved to amend the bill as follows:

1. Amend page 4, following line 11, by striking out all of subsection (7) and inserting:

"(7) BEGINNING DECEMBER 31, 2002, THE DIRECTOR OF THE DEPARTMENT OF STATE POLICE SHALL REPORT BY DECEMBER 31 OF EACH YEAR CONCERNING THE RATE OF DNA SAMPLE COLLECTION, DNA IDENTIFICATION PROFILING, RETENTION AND COMPILATION OF DNA IDENTIFICATION PROFILES, AND THE COLLECTION OF ASSESSMENTS REQUIRED UNDER SUBSECTION (3) TO ALL OF THE FOLLOWING:

(A) THE STANDING COMMITTEES OF THE SENATE AND HOUSE OF REPRESENTATIVES CONCERNED WITH DNA SAMPLE COLLECTION AND RETENTION.

(B) THE HOUSE OF REPRESENTATIVES APPROPRIATIONS SUBCOMMITTEE ON STATE AND MILITARY AFFAIRS.

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

Rep. Bogardus moved to amend the bill as follows:

1. Amend page 2, line 16, after "OR (I)," by striking out "335,".

2. Amend page 2, line 18, after "MCL 750.167," by striking out "750.335,".

3. Amend page 2, line 20, after "OR (I)," by striking out "335,".

4. Amend page 2, line 21, after "MCL 750.167," by striking out "750.335,".

5. Amend page 3, line 8, by striking out all of subparagraph (iii) and renumbering the remaining subparagraphs.

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

Rep. Faunce moved to amend the bill as follows:

1. Amend page 4, following line 11, subsection (6), subdivision (A), after "SECTION" by striking out the balance of the subdivision and inserting "TO THE COUNTY SHERIFF OR OTHER LAW ENFORCEMENT AGENCY THAT COLLECTED THE DNA SAMPLE AS DESIGNATED BY THE COURT TO DEFRAY THE COSTS OF COLLECTING DNA SAMPLES.".

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

The question being on the passage of the bill,

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

Roll Call No. 203 Yeas--106

Adamini Frank Lipsey Sanborn

Allen Garza Lockwood Schauer

Anderson George Mans Schermesser

Basham Gieleghem McConico Scranton

Bernero Gilbert Mead Shackleton

Birkholz Godchaux Meyer Sheltrown

Bisbee Gosselin Middaugh Shulman

Bishop Hager Minore Spade

Bogardus Hale Mortimer Stamas

Bovin Hansen Murphy Stewart

Bradstreet Hart Neumann Switalski

Brown, B. Howell Newell Tabor

Brown, C. Jacobs O'Neil Thomas

Brown, R. Jamnick Pappageorge Toy

Callahan Jansen Patterson Van Woerkom

Cassis Jelinek Pestka Vander Roest

Caul Johnson, Rick Phillips Vander Veen

Clark, I. Johnson, Ruth Pumford Vear

Clarke, H. Julian Quarles Voorhees

Daniels Kilpatrick Raczkowski Waters

Dennis Koetje Reeves Whitmer

DeRossett Kolb Richardville Williams

DeVuyst Kooiman Richner Wojno

DeWeese Kowall Rison Woodward

Drolet Kuipers Rivet Woronchak

Ehardt LaSata Rocca Zelenko

Faunce Lemmons

Nays--0

In The Chair: Julian

The House agreed to the title of the bill.

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

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

House Bill No. 4612, 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 33d (MCL 791.233d), as amended by 1996 PA 509.

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

Roll Call No. 204 Yeas--106

Adamini Frank Lipsey Rocca

Allen Garza Lockwood Sanborn

Anderson George Mans Schauer

Basham Gieleghem McConico Schermesser

Bernero Gilbert Mead Scranton

Birkholz Godchaux Meyer Shackleton

Bisbee Gosselin Middaugh Sheltrown

Bishop Hager Minore Shulman

Bogardus Hale Mortimer Spade

Bovin Hansen Murphy Stamas

Bradstreet Hart Neumann Stewart

Brown, B. Howell Newell Switalski

Brown, C. Jacobs O'Neil Tabor

Brown, R. Jamnick Pappageorge Thomas

Callahan Jansen Patterson Toy

Cassis Jelinek Pestka Van Woerkom

Caul Johnson, Rick Phillips Vander Roest

Clark, I. Johnson, Ruth Plakas Vander Veen

Clarke, H. Julian Pumford Vear

Daniels Kilpatrick Quarles Voorhees

Dennis Koetje Raczkowski Waters

DeRossett Kolb Reeves Whitmer

DeVuyst Kooiman Richardville Williams

DeWeese Kowall Richner Wojno

Drolet Kuipers Rison Woronchak

Ehardt LaSata Rivet Zelenko

Faunce Lemmons

Nays--0

In The Chair: Julian

The House agreed to the title of the bill.

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

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

Rep. Stallworth entered the House Chambers.

House Bill No. 4613, entitled

A bill to amend 1931 PA 328, entitled "The Michigan penal code," by amending section 520m (MCL 750.520m), as amended by 1996 PA 510.

The bill was read a third time.

The question being on the passage of the bill,

Reps. Patterson and Jacobs moved to amend the bill as follows:

1. Amend page 5, following line 3, by striking out all of subsection (10) and inserting:

"(10) BEGINNING DECEMBER 31, 2002, THE DIRECTOR OF THE DEPARTMENT OF STATE POLICE SHALL REPORT BY DECEMBER 31 OF EACH YEAR CONCERNING THE RATE OF DNA SAMPLE COLLECTION, DNA IDENTIFICATION PROFILING, RETENTION AND COMPILATION OF DNA IDENTIFICATION PROFILES, AND THE COLLECTION OF ASSESSMENTS REQUIRED UNDER SUBSECTION (6) TO ALL OF THE FOLLOWING:

(A) THE STANDING COMMITTEES OF THE SENATE AND HOUSE OF REPRESENTATIVES CONCERNED WITH DNA SAMPLE COLLECTION AND RETENTION.

(B) THE HOUSE OF REPRESENTATIVES APPROPRIATIONS SUBCOMMITTEE ON STATE AND MILITARY AFFAIRS.

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

Rep. Bogardus moved to amend the bill as follows:

1. Amend page 2, line 4, after "OR (I)," by striking out "335,".

2. Amend page 2, line 6, after "MCL 750.167," by striking out "750.335,".

3. Amend page 2, line 8, after "OR (I)," by striking out "335,".

4. Amend page 2, line 9, after "MCL 750.167," by striking out "750.167,".

5. Amend page 2, line 21, by striking out all of subparagraph (iii) and renumbering the remaining subparagraphs.

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

Rep. Faunce moved to amend the bill as follows:

1. Amend page 5, following line 3, subsection (9), subdivision (A), after "SECTION" by striking out the balance of the subdivision and inserting "TO THE COUNTY SHERIFF OR OTHER LAW ENFORCEMENT AGENCY THAT COLLECTED THE DNA SAMPLE AS DESIGNATED BY THE COURT TO DEFRAY THE COSTS OF COLLECTING DNA SAMPLES.".

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

The question being on the passage of the bill,

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

Roll Call No. 205 Yeas--106

Adamini Frank Lipsey Schauer

Allen Garza Lockwood Schermesser

Anderson George Mans Scranton

Basham Gieleghem McConico Shackleton

Bernero Gilbert Mead Sheltrown

Birkholz Godchaux Meyer Shulman

Bisbee Gosselin Middaugh Spade

Bishop Hager Minore Stallworth

Bogardus Hale Mortimer Stamas

Bovin Hansen Murphy Stewart

Bradstreet Hart Neumann Switalski

Brown, B. Howell Newell Tabor

Brown, C. Jacobs O'Neil Thomas

Brown, R. Jamnick Pappageorge Toy

Callahan Jansen Patterson Van Woerkom

Cassis Jelinek Pestka Vander Roest

Caul Johnson, Rick Phillips Vander Veen

Clark, I. Johnson, Ruth Plakas Vear

Clarke, H. Julian Pumford Voorhees

Daniels Kilpatrick Quarles Waters

Dennis Koetje Raczkowski Whitmer

DeRossett Kolb Richardville Williams

DeVuyst Kooiman Richner Wojno

DeWeese Kowall Rivet Woodward

Drolet Kuipers Rocca Woronchak

Ehardt LaSata Sanborn Zelenko

Faunce Lemmons

Nays--0

In The Chair: Julian

The House agreed to the title of the bill.

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

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

House Bill No. 4614, entitled

A bill to amend 1988 PA 73, entitled "The juvenile facilities act," by amending section 5a (MCL 803.225a), as amended by 1998 PA 521.

The bill was read a third time.

The question being on the passage of the bill,

Rep. Bogardus moved to amend the bill as follows:

1. Amend page 2, line 17, after "OR (I)," by striking out "335,".

2. Amend page 2, line 19, after "MCL 750.167," by striking out "750.335,".

3. Amend page 2, line 21, after "OR (I)," by striking out "335,".

4. Amend page 2, line 22, after "MCL 750.167," by striking out "750.335,".

5. Amend page 3, line 8, by striking out all of subparagraph (iii) and renumbering the remaining subparagraphs.

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

The question being on the passage of the bill,

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

Roll Call No. 206 Yeas--102

Adamini Faunce Lipsey Schermesser

Allen Frank Lockwood Scranton

Anderson Garza Mans Shackleton

Basham George McConico Sheltrown

Bernero Gieleghem Mead Shulman

Birkholz Gilbert Meyer Spade

Bisbee Godchaux Middaugh Stallworth

Bishop Gosselin Minore Stamas

Bogardus Hager Murphy Stewart

Bovin Hale Neumann Switalski

Bradstreet Hansen O'Neil Tabor

Brown, B. Hart Pappageorge Thomas

Brown, C. Howell Patterson Toy

Brown, R. Jacobs Pestka Van Woerkom

Callahan Jamnick Phillips Vander Roest

Cassis Jansen Plakas Vander Veen

Caul Jelinek Pumford Vear

Clark, I. Johnson, Rick Quarles Voorhees

Clarke, H. Johnson, Ruth Reeves Waters

Daniels Julian Richardville Whitmer

Dennis Koetje Richner Williams

DeRossett Kooiman Rison Wojno

DeVuyst Kowall Rocca Woodward

DeWeese Kuipers Sanborn Woronchak

Drolet LaSata Schauer Zelenko

Ehardt Lemmons

Nays--3

Mortimer Newell Raczkowski

In The Chair: Julian

The House agreed to the title of the bill.

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

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

Announcement by the Clerk of Printing and Enrollment

The Clerk announced that the following bills had been printed and placed upon the files of the members, Wednesday, May 23:

Senate Bill Nos. 499 500 501 502 503 504 505

The Clerk announced that the following bills had been printed and placed upon the files of the members, Thursday, May 24:

Senate Bill No. 506

The Clerk announced that the following bills had been printed and placed upon the files of the members, Friday, May 25:

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

The Clerk announced the enrollment printing and presentation to the Governor on Tuesday, May 29, for his approval of the following bills:

Enrolled House Bill No. 4538 at 11:49 a.m.

Enrolled House Bill No. 4409 at 11:51 a.m.

The Clerk announced that the following Senate bill had been received on Tuesday, May 29:

Senate Bill No. 446

The Clerk announced that the following Senate bills had been received on Wednesday, May 30:

Senate Bill Nos. 27 35 231 396 436 491 492 493 494 496

By unanimous consent the House returned to the order of

Messages from the Senate

House Bill No. 4029, entitled

A bill to amend 1956 PA 218, entitled "The insurance code of 1956," by amending section 2117 (MCL 500.2117), as amended by 1980 PA 461.

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. 4235, entitled

A bill to designate highway M-109 located in Leelanau county as the "D.H. Day Highway"; and to prescribe the duties of the state transportation department.

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. 4550, entitled

A bill to amend 1949 PA 300, entitled "Michigan vehicle code," by amending section 675 (MCL 257.675), as amended by 1999 PA 34.

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. 4255, 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, 2002; to provide for the expenditure of the appropriations; to provide for reports; to provide for the creation of certain advisory committees and boards; to prescribe certain powers and duties of the department of corrections, certain other state officers and agencies, and certain advisory committees and boards; to provide for the collection of certain funds; and to provide for the disposition of fees and other income received by certain state agencies.

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

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

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

House Bill No. 4256, 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, 2002; 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.

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

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

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

Senate Bill No. 27, entitled

A bill to amend 1949 PA 300, entitled "Michigan vehicle code," by amending section 806 (MCL 257.806), as amended by 2000 PA 456.

The Senate has passed the bill.

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

Senate Bill No. 35, entitled

A bill to amend 1949 PA 300, entitled "Michigan vehicle code," by amending section 907 (MCL 257.907), as amended by 1998 PA 103.

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. 231, entitled

A bill to make, supplement, and adjust appropriations for certain capital outlay programs and state departments and agencies for the fiscal years ending September 30, 2001 and September 30, 2002; to implement the appropriations within the budgetary process; to make appropriations for planning and construction at state agencies; to make appropriations for state building authority rent and insurance; to make a grant for state building authority rent; to provide for the acquisition of land and buildings; to provide for the elimination of fire hazards; to provide for special maintenance, remodeling and addition, alteration, renovation, demolition, and other projects; to provide for elimination of occupational safety and health hazards; to provide for the award and implementation of contracts; to provide for the purchase of furnishings and equipment relative to occupancy of a project; to provide for the development of public recreation facilities; to provide for certain advances from the general fund; to prescribe powers and duties of certain state officers and agencies; to require certain reports, plans, and agreements; to provide for leases; to provide for transfers; to prescribe standards and conditions relating to the appropriations; and to provide for the expenditure of appropriations.

The Senate has passed the bill.

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

Senate Bill No. 396, entitled

A bill to amend 1941 PA 205, entitled "An act to provide for the construction, establishment, opening, use, discontinuing, vacating, closing, altering, improvement, and maintenance of limited access highways and facilities ancillary to those highways; to permit the acquiring of property and property rights and the closing or other treatment of intersecting roads for these purposes; to provide for the borrowing of money and for the issuing of bonds or notes payable from special funds for the acquisition, construction or improvement of such highways; and to provide for the receipt and expenditure of funds generated from the facilities," by amending section 2 (MCL 252.52), as amended by 1999 PA 47.

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. 436, entitled

A bill to amend 1949 PA 300, entitled "Michigan vehicle code," by amending section 733 (MCL 257.733), as amended by 1994 PA 50.

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. 446, 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 provide for alternative energy suppliers; to provide for licensing; to include municipally owned utilities and other providers of energy under certain provisions of this act; 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 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 certain rate increases without notice and hearing; to qualify residential energy conservation programs permitted under state law for certain federal exemption; to create a fund; to provide for a restructuring of the manner in which energy is provided in this state; to encourage the utilization of resource recovery facilities; to prohibit certain acts and practices of providers of energy; to allow for the securitization of stranded costs; to reduce rates; to provide for appeals; to provide appropriations; to declare the effect and purpose of this act; to prescribe remedies and penalties; and to repeal acts and parts of acts," by amending section 10g (MCL 460.10g), as added by 2000 PA 141.

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. 491, entitled

A bill to amend 1937 PA 94, entitled "Use tax act," by amending section 4 (MCL 205.94), as amended by 2000 PA 200.

The Senate has passed the bill.

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

Senate Bill No. 492, entitled

A bill to amend 1933 PA 167, entitled "General sales tax act," by amending section 4x (MCL 205.54x), as added by 2000 PA 204.

The Senate has passed the bill.

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

Senate Bill No. 493, entitled

A bill to amend 1956 PA 218, entitled "The insurance code of 1956," by amending section 1242 (MCL 500.1242).

The Senate has passed the bill.

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

Senate Bill No. 494, entitled

A bill to repeal 1895 PA 266, entitled "An act relative to bonds and other obligations, with surety or sureties, and the acceptance as surety thereon of companies qualified to act as such, and the release of such surety, and the safe depositing of assets for which such surety may be liable, and to the charging by fiduciaries of the expense of procuring sureties, and repealing all laws in conflict therewith," (MCL 550.101 to 550.109).

The Senate has passed the bill.

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

Senate Bill No. 496, entitled

A bill to amend 1956 PA 218, entitled "The insurance code of 1956," by amending section 456 (MCL 500.456), as amended by 1989 PA 214.

The Senate has passed the bill.

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

Senate Concurrent Resolution No. 14.

A concurrent resolution to increase the total project cost of the Classroom Facilities project at Saginaw Valley State University.

Whereas, The Saginaw Valley State University Classroom Facilities project was authorized in 1996 PA 480 with a total project cost of $25,000,000; and

Whereas, Saginaw Valley State University has estimated that the total cost to complete the Classroom Facilities project has increased to $28,500,000; and

Whereas, Saginaw Valley State University has agreed to fund the increase in the project cost of $3,500,000 from Saginaw Valley State University internal sources; and

Whereas, Pursuant to section 246 of 1984 PA 431, as amended, being MCL § 18.1246, the authorized 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 Senate (the House of Representatives concurring), That the Michigan Legislature recognizes the need to increase the total authorized cost for the Classroom Facilities project at Saginaw Valley State University to an amount not to exceed $28,500,000 (State Building Authority share $18,749,900; Saginaw Valley State University share $9,750,000; and the State General Fund/General Purpose share $100) 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 copies of this resolution be transmitted to the State Budget Director, the Director of the Department of Management and Budget, and the Board of Control of Saginaw Valley State University.

The Senate has adopted the concurrent resolution.

The concurrent resolution was referred to the Committee on Appropriations.

Senate Concurrent Resolution No. 15.

A concurrent resolution to increase the total project cost of the Lenawee Extension Center at Jackson Community College.

Whereas, The Jackson Community College--Lenawee Extension Center renovation and construction project was authorized in 1996 PA 480 with a total project cost of $3,000,000; and

Whereas, Jackson Community College has been unable to secure permission to rezone their existing facility to accommodate the proposed expansion; and

Whereas, Jackson Community College has estimated that the total cost to construct a new Lenawee Extension Center has increased to $4,400,000; and

Whereas, Jackson Community College has agreed to fund the increase in the project cost of $1,400,000, with the state commitment remaining at $1,500,000 (State Building Authority share at $1,499,900 and State General Fund/General Purpose share at $100); and

Resolved by the Senate (the House of Representatives concurring), That the Michigan Legislature recognizes the need to increase the total authorized cost to construct a new Lenawee Extension Center at Jackson Community College to an amount not to exceed $4,400,000 (State Building Authority share $1,499,900; Jackson Community College share $2,900,000; and the State General Fund/General Purpose share $100) 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 copies of this resolution be transmitted to the State Budget Director, the Director of the Department of Management and Budget, and Jackson Community College.

The Senate has adopted the concurrent resolution.

The concurrent resolution was referred to the Committee on Appropriations.

Senate Concurrent Resolution No. 17.

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 Ferris State University relative to the Ferris State University Library Addition and Renovation Project Phase II (Center for Student Services).

Whereas, Section 5 of 1964 PA 183, as amended, being MCL § 830.415, requires the approval of the Board of Control of Ferris State University (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, 1996 PA 480 originally established the Educational Institution's Library Addition and Renovation project at a total authorized project cost of $50,000,000 (the Authority share being $37,499,900, the State General Fund/General Purpose share being $100, and the Educational Institution share being $12,500,000). In 1999, House Concurrent Resolution No. 67 was adopted to approve Phase I relating to the construction of the new library with a total facility cost of $39,500,000 (the Authority's share being $29,624,900, the State General Fund/General Purpose share being $100, and the Educational Institution's share being $9,875,000); and

Whereas, The second component of the project, known as the Library Addition and Renovation Project Phase II (Center for Student Services) (the "Facility"), involves the renovation of the existing library, with a project cost not to exceed $10,500,000, of which the Authority share is $7,875,000, the University share is $2,625,000, and the State General Fund/General Purpose share is $0; and

Whereas, The site for 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 Senate (the House of Representatives concurring), That the Total Facility Cost for the Ferris State University Library Addition and Renovation Project Phase II (Center for Student Services) shall not exceed $10,500,000 (the Authority share is $7,875,000, the State General Fund/General Purpose share is $0, and the Educational Institution share is $2,625,000), 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 $7,875,000, 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 $665,000 and $831,000, 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 Control of Ferris State University, and the State Budget Director.

The Senate has adopted the concurrent resolution.

The concurrent resolution was referred to the Committee on Appropriations.

Senate Concurrent Resolution No. 18.

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 Regents of the University of Michigan relative to the University of Michigan-Ann Arbor Central Campus Renovation Phase II-Perry Building.

Whereas, Section 5 of 1964 PA 183, as amended, being MCL § 830.415, requires the approval of the Regents of the University of Michigan (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 University of Michigan-Ann Arbor Central Campus Renovation Phase II-Perry Building (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 Senate (the House of Representatives concurring), That the Total Facility Cost for the University of Michigan-Ann Arbor Central Campus Renovation Phase II-Perry Building shall not exceed $12,000,000 (the Authority share is $8,999,900, the State General Fund/General Purpose share is $100, and the Educational Institution share is $3,000,000), 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 $8,999,900, 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 annual amounts of "True Rental" for the Facility shall be within or below the range of $760,000 and $949,000, 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 Regents of the University of Michigan, and the State Budget Director.

The Senate has adopted the concurrent resolution.

The concurrent resolution was referred to the Committee on Appropriations.

Senate Concurrent Resolution No. 19.

A concurrent resolution approving the conveyance of property to the State Building Authority and approving a lease between the State of Michigan and the State Building Authority relative to the Department of State Police Two-way Radio System and Microwave Backbone System Phase IV-A.

Whereas, Section 5 of 1964 PA 183, as amended, being MCL § 830.415, requires the approval of the Attorney General, 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 State of Michigan (the "State") may be conveyed to the State Building Authority (the "Authority"); 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 may enter into a lease with the Authority upon a showing of a public purpose; and

Whereas, Providing facilities and equipment to be used by the State pursuant to the lease for the Facilities is a recognized public purpose; and

Whereas, 1995 PA 128 appropriates $187,276,000 (State Building Authority share $184,426,000 and State General Fund/General Purpose $2,850,000) to complete plans and construct the Department of State Police public safety communications system; and

Whereas, The public safety communications system known as the Department of State Police Two-way Radio System and Microwave Backbone System is to be constructed in four phases; and

Whereas, By Senate Concurrent Resolution No. 288, adopted by the Senate and the House of Representatives on December 3 and 11, 1996, respectively, the Michigan Legislature approved a conveyance of property and a lease for Phase I of the Department of State Police Two-way Radio System and Microwave Backbone System at a total cost not to exceed $35,211,085, plus interest charges on monies advanced by the State, of which not more than $34,890,000, plus interest charges on monies advanced by the State, shall be financed from bonds issued by the Authority; and

Whereas, By Senate Concurrent Resolution No. 100, adopted by the Senate and the House of Representatives on December 2 and 8, 1998, respectively, the Michigan Legislature approved the conveyance of property and a lease for Phase II of the Department of State Police Two-way Radio System and Microwave Backbone System at a total cost not to exceed $42,660,808, plus interest charges on monies advanced by the State, of which not more than $42,660,808, plus interest charges on monies advanced by the State, shall be financed from bonds issued by the Authority; and

Whereas, By House Concurrent Resolution No. 80, adopted by the House of Representatives and the Senate on February 29 and March 7, 2000, respectively, the Michigan Legislature approved the conveyance of property and a lease for Phase III of the Department of State Police Two-way Radio System and Microwave Backbone System at a total cost not to exceed $58,964,403, plus interest charges on monies advanced by the State, of which not more than $58,964,403, plus interest charges on monies advanced by the State, shall be financed from bonds issued by the Authority; and

Whereas, The sites for Phase IV-A of the Department of State Police Two-way Radio System and Microwave Backbone System are located in Kent, Muskegon, Marquette, Dickinson, Alger, Luce, Chippewa, Mackinac, Schoolcraft, Delta, and Menominee Counties. The site and related equipment together (the "Facilities") are currently owned by the State; and

Whereas, A lease between the Authority and the State has been prepared providing for the leasing of the Facilities by the Authority to the State (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 Senate (the House of Representatives concurring), That the Total Facility Cost for the Department of State Police Two-way Radio System and Microwave Backbone System Phase IV-A consisting of the Facilities shall not exceed $36,336,575, plus interest charges on monies advanced by the State to meet the construction cash flow requirements of the Facilities, if any, of which not more than $36,336,575, plus interest charges on monies advanced by the State to meet the construction cash flow requirements of the Facilities, 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 Facilities and leasing them to the State and determines that the leasing of the Facilities 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 Facilities shall be within or below the range of $4,115,000 and $4,490,000, 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, by hereby approving the Lease between the State 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, and the State Budget Director.

The Senate has adopted the concurrent resolution.

The concurrent resolution was referred to the Committee on Appropriations.

Senate Concurrent Resolution No. 20.

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 Regents of the University of Michigan relative to the University of Michigan-Ann Arbor-Dana Building-School of Natural Resources and Environment project.

Whereas, Section 5 of 1964 PA 183, as amended, being MCL§ 830.415, requires the approval of the Regents of the University of Michigan (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 University of Michigan-Ann Arbor-Dana Building-School of Natural Resources and Environment 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 Senate (the House of Representatives concurring), That the Total Facility Cost for the University of Michigan-Ann Arbor-Dana Building-School of Natural Resources and Environment project shall not exceed $17,700,000 (the Authority share is $11,249,900, the State General Fund/General Purpose share is $100, and the Educational Institution share is $6,450,000), 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 $11,249,900, 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 annual amounts of "True Rental" for the Facility shall be within or below the range of $949,000 and $1,187,000, 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

The Senate has adopted the concurrent resolution.

The concurrent resolution was referred to the Committee on Appropriations.

Senate Concurrent Resolution No. 21.

A concurrent resolution approving the conveyance of property to the State Building Authority and approving a lease between the State of Michigan and the State Building Authority relative to the Department of Corrections Cooper Street Correctional Facility Additional Housing Units Numbers 1, 2, and 3.

Whereas, 1998 PA 273 originally established the Department of Corrections Cooper Street Correctional Facility Additional Housing Units Project (the "Unit Numbers 1 and 2 Project"). With respect to Units Numbers 1 and 2, the Total Facility Cost was modified by 1999 PA 265 and increased by 2000 PA 291 to $8,200,000, of which the State Building Authority (the "Authority") share is $5,000,000, the State General Fund/General Purpose share is $120,000 and the Federal Restricted Funds share is $3,080,000; and

Whereas, 1999 PA 265 added a third unit to the Department of Corrections Cooper Street Correctional Facility Additional Housing Units project ("Unit Number 3 Project"). The total Unit Number 3 Project cost is $4,287,000, of which the Authority's share is $4,287,000, the State General Fund/General Purpose is $0, and the Federal Restricted Funds share is $0; and

Whereas, The Authority wishes to combine the Unit Numbers 1 and 2 Project with the Unit Number 3 Project into one lease, the Total Facility Cost of which is $12,487,000, of which the Authority's share is $9,287,000, the State General Fund/General Purpose share is $120,000, and the Federal Restricted Funds share is $3,080,000; and

Whereas, Section 5 of 1964 PA 183, as amended, being MCL § 830.415, requires the approval of the State Administrative Board, the Attorney General, 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 State of Michigan (the "State) may be conveyed to the State Building Authority (the "Authority"); and

Whereas, The site of the Cooper Street Correctional Facility Additional Housing Units Numbers 1, 2, and 3 (the "Facility") is located in Jackson County and is currently owned by the State; 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 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 State pursuant to the lease for the Facility is a recognized public purpose; and

Whereas, A lease between the Authority and the State has been prepared providing for the leasing of the Facility by the Authority to the State (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 Senate (the House of Representatives concurring), That the Total Facility Cost for the Department of Corrections Cooper Street Correctional Facility Additional Housing Units Numbers 1, 2, and 3 Project shall not exceed $12,487,000 (the Authority share is $9,287,000, the State General Fund/General Purpose share is $120,000, and the Federal Restricted Funds share is $3,080,000), 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 $9,287,000, 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 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 $762,000 and $952,000, 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, and the State Budget Director.

The Senate has adopted the concurrent resolution.

The concurrent resolution was referred to the Committee on Appropriations.

Senate Concurrent Resolution No. 22.

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 Board of Governors of Wayne State University relative to the Wayne State University Pharmacy Building Replacement.

Whereas, Section 5 of 1964 PA 183, as amended, being MCL § 830.415, requires the approval of the Board of Governors of Wayne State University (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 Wayne State University Pharmacy Building Replacement (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, 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 Senate (the House of Representatives concurring), That the Total Facility Cost for the Wayne State University Pharmacy Building Replacement shall not exceed $66,600,000 (the Authority share is $48,224,900, the State General Fund/General Purpose share is $100, and the Educational Institution share is $18,375,000), 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 $48,224,900, 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 annual amounts of "True Rental" for the Facility shall be within or below the range of $4,070,000 and $5,088,000, 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 Governors of Wayne State University, and the State Budget Director.

The Senate has adopted the concurrent resolution.

The concurrent resolution was referred to the Committee on Appropriations.

Messages from the Governor

The following message from the Governor, approving and signing the following bill at the times designated below, was received and read:

Date: May 24, 2001

Time: 3:45 p.m.

To the Speaker of the House of Representatives:

Sir--I have this day approved and signed

Enrolled House Bill No. 4187 (Public Act No. 8, I.E.), being

An act 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," (MCL 791.201 to 791.283) by adding section 68a.

(Filed with the Secretary of State May 25, 2001, at 3:20 p.m.)

The following message from the Governor was received May 29, 2001 and read:

EXECUTIVE ORDER

No. 2001 - 1

Department of History, Arts and Culture

Department of State

Department of Natural Resources

Department of Consumer and Industry Services

Michigan Strategic Fund

Executive Reorganization

WHEREAS, Article V, Section 1, of the Constitution of the state of Michigan of 1963 vests the executive power in the Governor; and

WHEREAS, Article V, Section 2, of the Constitution of the state of Michigan of 1963 empowers the Governor to make changes in the organization of the Executive Branch or in the assignment of functions among its units, which he considers necessary for efficient administration; and

WHEREAS, Article V, Section 8, of the Constitution of the state of Michigan of 1963 provides that each principal department shall be under the supervision of the Governor, unless otherwise provided by the Constitution; and

WHEREAS, the founders of the United States believed it important that citizens have sufficient knowledge of history, the arts, and culture to exercise their right of self-government in an informed and responsible manner; and

WHEREAS, knowledge of history, the arts, and culture is fundamental to human enrichment and to a well-rounded education; and

WHEREAS, knowledge of and access to history, the arts, and culture promote civic awareness and mutual understanding among a diverse population; and

WHEREAS, Michigan citizens can be justifiably proud of their storied past as well as the many important contributions the people of our state have made to the arts and culture; and

WHEREAS, encouraging the preservation of history, creation of art, and development of culture makes Michigan an even more interesting and desirable place in which to travel and live; and

WHEREAS, the continuity of our civilization requires that knowledge and appreciation of our history, arts, and culture be transmitted to future generations; and

WHEREAS, good stewardship at the state level involves concern for the integrity of Michigan's many historic sites, archives, and other cultural resources and treasures; and

WHEREAS, the status of the State of Michigan's history, arts, and culture programs--which are currently dispersed in a variety of agencies and departments throughout state government--can be raised if organized within one department of state government; and

WHEREAS, it is necessary in the interests of efficient administration and good government to effect changes in the organization of the Executive Branch of government.

NOW, THEREFORE, I, John Engler, Governor of the state of Michigan, pursuant to the powers vested in me by the Constitution of the state of Michigan of 1963 and the laws of the state of Michigan, do hereby order the following:

I. DEFINITIONS

As used herein:

A. The "Department of State" means the principal department created by Section 25 of Act No. 380 of the Public Acts of 1965, being Section 16.125 of the Michigan Compiled Laws.

B. The "Michigan Department of Natural Resources" means the principal department created in Executive Order 1991-31.

C. The "Department of Consumer and Industry Services" means the principal department created as the Department of Commerce by Section 225 of Act No. 380 of the Public Acts of 1965, being Section 16.325 of the Michigan Compiled Laws, and renamed the Michigan Department of Consumer and Industry Services in Executive Order 1996-2.

D. The "Michigan Economic Development Corporation" means the public body corporate created under Section 28 of Article VII of the Constitution of the state of Michigan of 1963 and the Urban Cooperation Act, Act No. 7 of the Public Acts of 1967, as amended, being Section 124.501 et seq. of the Michigan Compiled Laws, by a contractual interlocal agreement effective April 5, 1999 between local participating economic development corporations formed under the Economic Development Corporations Act, Act No. 338 of the Public Acts of 1974, as amended, being Section 125.1601 et seq. of the Michigan Compiled Laws, and the Michigan Strategic Fund.

E. The "Michigan Strategic Fund" means the entity created under Act No. 270 of the Public Acts of 1984, as amended, being Section 125.2001 et seq. of the Michigan Compiled Laws, and includes the Michigan Strategic Fund Board.

F. The "Michigan Historical Commission" means the entity created under Section 1 of Act No. 271 of the Public Acts of 1913, as amended, being Section 399.1 of the Michigan Compiled Laws.

G. The "Michigan Historical Center" means the entity described by Section 7a of Act No. 271 of the Public Acts of 1913, as amended, being Section 399.7a of the Michigan Compiled Laws, which is also referred to as the "Bureau of History" or "History Division" of the Department of State.

H. The "Mackinac Island State Park Commission" means the entity created under Section 76503(3) of Act No. 451 of the Public Acts of 1994, as amended, being Section 324.76503(3) of the Michigan Compiled Laws.

I. The "Michigan Council for Arts and Cultural Affairs" means the entity created in Executive Order 1991-21.

J. The "Office of Film and Television Services" means the entity created within the Department of Commerce by Executive Directive 1979-3, continued by Executive Order 1984-8, transferred from the Department of Commerce to the Michigan Jobs Commission by Executive Order 1994-26, transferred from the Michigan Jobs Commission to the Michigan Strategic Fund by Executive Order 1999-1, and transferred pursuant to Section 9.16 of the Interlocal Agreement from the Michigan Strategic Fund to the Michigan Economic Development Corporation.

II. CREATION OF THE DEPARTMENT OF HISTORY, ARTS AND CULTURE

The Department of History, Arts and Culture is hereby created. This department shall be headed by a Director who shall be appointed by and serve at the pleasure of the Governor.

III. DEPARTMENT OF STATE

A. All the statutory authority, powers, duties, functions and responsibilities of the Michigan Historical Commission, including but not limited to the statutory authority, powers, duties, functions and responsibilities set forth in:

1. Act No. 271 of the Public Acts of 1913, as amended, being Section 399.1 et seq. of the Michigan Compiled Laws (Michigan Historical Commission);

2. Act No. 10 of the Public Acts of 1955, as amended, being Section 399.151 et seq. of the Michigan Compiled Laws (Registration of Historic Sites);

3. Sections 3 and 5 of Act No. 169 of the Public Acts of 1970, as amended, being Sections 399.203 and 399.205 of the Michigan Compiled Laws (Local Historic Districts Act);

4. Section 491 of Act No. 328 of the Public Acts of 1931, as amended, being Section 750.491 of the Michigan Compiled Laws (Authority to demand return of any books, papers, records of the state of Michigan under the Michigan Penal Code);

5. Section 2 of Act No. 8 of the Public Acts of 1897, as amended, being Section 35.232 of the Michigan Compiled Laws (Preservation of the records of the Michigan Grand Army of the Republic);

6. Act No. 54 of the Public Acts of 1927, as amended, being Section 399.51 of the Michigan Compiled Laws (Transfer of records of United States Land Office); and

7. Act No. 55 of the Public Acts of 1927, as amended, being Section 399.61 of the Michigan Compiled Laws (Transfer of public survey office of the United States records relating to the State of Michigan)

are hereby transferred from the Department of State to the Department of History, Arts and Culture by a Type II transfer, as defined in Section 3 of Act No. 380 of the Public Acts of 1965, as amended, being Section 16.103 of the Michigan Compiled Laws.

B. All the statutory authority, powers, duties, functions and responsibilities of the Secretary of State, the Department of State and the Michigan Historical Center, as set forth in:

1. Sections 4a, 6, 7 and 7a of Act No. 271 of the Public Acts of 1913, as amended, being Sections 399.4a, 399.6, 399.7 and 399.7a of the Michigan Compiled Laws (Historical records, Historical publications, Historical center, retail sales store, museum operations fund);

2. Sections 3, 5 and 9 of Act No. 169 of the Public Acts of 1970, as amended, being Sections 399.203, 399.205 and 399.209 of the Michigan Compiled Laws (Local Historic Districts Act);

3. Section 29(2) of Act No. 197 of the Public Acts of 1975, as amended, being Section 125.1679(2) of the Michigan Compiled Laws (Preservation of Historical Sites under the jurisdiction of a Downtown Development Authority);

4. Section 39c of Act No. 228 of the Public Acts of 1975, as amended, being Section 208.39c of the Michigan Compiled Laws (Single Business Tax credit for the rehabilitation of a historic resource, certification by the Michigan Historical Center);

5. Section 266 of Act No. 281 of the Public Acts of 1967, as amended, being Section 206.266 of the Michigan Compiled Laws (Income Tax credit for the rehabilitation of a historic resource, certification by the Michigan Historical Center);

6. Sections 284, 285, 287, 288, 289 and 292 of Act No. 431 of the Public Acts of 1984, as amended, being Sections 18.1284, 18.1285, 18.1287, 18.1288, 18.1289 and 18.1292 of the Michigan Compiled Laws (Management and Budget Act, records management, retention, disposal, inspection, inventory, protection and preservation);

7. Section 2 of Act No. 116 of the Public Acts of 1992, as amended, being Section 24.402 of the Michigan Compiled Laws (Records Media Act);

8. Act No. 69 of the Public Acts of 1976, as amended, being Section 399.111 et seq. of the Michigan Compiled Laws (Historic Sites);

9. Section 13(1)(o) of Act No. 442 of the Public Acts of 1976, as amended, being Section 15.243(1)(o) of the Michigan Compiled Laws (Authority to promulgate rules to provide for the disclosure of the location of archaeological sites);

10. Sections 76101, 76102, 76103, 76104, 76105, 76106, 76107, 76108, 76109, 76110, 76111, 76112, 76113, 76114 and 76118 of Act No. 451 of the Public Acts of 1994, being Sections 324.76101, 324.76102, 324.76103, 324.76104, 324.76105, 324.76106, 324.76107, 324.76108, 324.76109, 324.76110, 324.76111, 324.76112, 324.76113, 324.76114 and 324.76118 of the Michigan Compiled Laws (Aboriginal Records and Antiquities); and

11. Section 2137 of Act No. 236 of the Public Acts of 1961, as amended, being Section 600.2137 of the Michigan Compiled Laws (Reproduction and destruction of Court Records)

C. All the statutory authority, powers, duties, functions and responsibilities of the Secretary of State, the Department of State and the Michigan Historical Center set forth in the following provisions of federal law regarding the State Historic Preservation Office:

1. The National Historic Preservation Act of 1966, 80 Stat. 915, 16 USC 470 et seq.; and

2. Federal rules and regulations adopted pursuant to The National Historic Preservation Act of 1966, including but not limited to those set forth in Title 36, Chapter I, Part 61 of the Code of Federal Regulations, 36 CFR § 61 et seq.,

are hereby transferred to the Department of History, Arts and Culture by a Type II transfer, as defined in Section 3 of Act No. 380 of the Public Acts of 1965, as amended, being Section 16.103 of the Michigan Compiled Laws.

D. All the statutory authority, powers, duties, functions and responsibilities of the Michigan Iron Industry Museum Advisory Board, created pursuant to Act No. 152 of the Public Acts of 1984, as amended, being Section 399.71 et seq. of the Michigan Compiled Laws, are hereby transferred from the Department of State to the Department of History, Arts and Culture by a Type II transfer, as defined in Section 3 of Act No. 380 of the Public Acts of 1965, as amended, being Section 16.103 of the Michigan Compiled Laws.

E. All the statutory authority, powers, duties, functions and responsibilities of the Michigan Freedom Trail Commission, created pursuant to Act No. 409 of the Public Acts of 1998, as amended, being Section 399.81 et seq. of the Michigan Compiled Laws, are hereby transferred from the Department of State to the Department of History, Arts and Culture by a Type II transfer, as defined in Section 3 of Act No. 380 of the Public Acts of 1965, as amended, being Section 16.103 of the Michigan Compiled Laws.

IV. MICHIGAN DEPARTMENT OF NATURAL RESOURCES

A. All the statutory authority, powers, duties, functions, and responsibilities of the Mackinac Island State Park Commission, including but not limited to the statutory authority, powers, duties, functions and responsibilities set forth in:

1. Sections 76501 through 76509, 76701 through 76709, 76901, 76902, 76903, 77101, 77301, 77302, 77501, 77502, and 77701 through 77704 of Act No. 451 of the Public Acts of 1994, as amended, being Sections 324.76501 through 324.76509, 324.76701 through 324.76709, 324.76901, 324.76902, 324.76903, 324.77101, 324.77301, 324.77302, 324.77501, 324.77502, and 324.77701 through 324.77704 of the Michigan Compiled Laws (Mackinac Island State Park, Mackinac Island State Park Commission, Mackinac Island State Park Rules, Mackinac Island Fire Protection, Old Mission Church at Mackinac Island, Mackinac Island Clerk's Quarters--American Fur Company, Michilimackinac State Park);

2. Act No. 285 of the Public Acts of 1975 (Transfer of Mill Creek Site to Mackinac Island State Park Commission; Mill Creek Site to become part of the Mackinac Island State Park);

3. Act No. 31 of the Public Acts of 1945 (Appropriation for Acquisition of land associated with the Governor's Summer Residence, land to become part of the Mackinac Island State Park); and

4. Section 511 of Act No. 58 of the Public Acts of 1998, as amended, being Section 436.1511 of the Michigan Compiled Laws (Liquor Licenses at Mackinac Island State Park)

are hereby transferred from the Michigan Department of Natural Resources to the Department of History, Arts and Culture by a Type I transfer, as defined in Section 3 of Act No. 380 of the Public Acts of 1965, as amended, being Section 16.103 of the Michigan Compiled Laws.

B. The commission shall function as the appointing authority for the civil service and contractual employees of the commission.

C. The issuance of revenue bonds, and all bonds, reserve and trust funds currently in effect shall continue in effect under the responsibility of the commission, subject to any agreement with bond holders.

V. DEPARTMENT OF CONSUMER AND INDUSTRY SERVICES

All the statutory authority, powers, duties, functions and responsibilities of the Michigan Council for Arts and Cultural Affairs, including but not limited to the statutory authority, powers, duties, functions and responsibilities set forth in Executive Order 1991-21, are hereby transferred from the Department of Consumer and Industry Services to the Department of History, Arts and Culture by a Type II transfer, as defined in Section 3 of Act No. 380 of the Public Acts of 1965, as amended, being Section 16.103 of the Michigan Compiled Laws.

VI. MICHIGAN STRATEGIC FUND

All of the statutory authority, powers, duties, functions and responsibilities of the Office of Film and Television Services, including but not limited to the statutory authority, powers, duties, functions and responsibilities set forth in Executive Directive 1979-3, Executive Order 1984-8, Executive Order 1994-26 and Executive Order 1999-1, upon its return from the Michigan Economic Development Corporation to the Michigan Strategic Fund, are hereby transferred from the Michigan Strategic Fund to the Department of History, Arts and Culture by a Type II transfer, as defined in Section 3 of Act No. 380 of the Public Acts of 1965, as amended, being Section 16.103 of the Michigan Compiled Laws.

VII. MISCELLANEOUS

A. The Director of the Department of History, Arts and Culture, or other individual designated by the Governor, shall provide executive direction and supervision for the implementation of all transfers of authority to the Department of History, Arts and Culture made under this Order.

B. The Director of the Department of History, Arts and Culture shall administer the assigned functions transferred by this Order in such ways as to promote efficient administration and shall make internal organizational changes as may be administratively necessary to complete the realignment of responsibilities prescribed by this Order.

C. The Director of the Department of History, Arts and Culture, or other individual designated by the Governor and the directors of all other state departments and agencies having authority transferred to the Department of History, Arts and Culture under this order shall jointly identify the program positions and administrative function positions that will be transferred to the Department of History, Arts and Culture according to the terms of this Order. The Director of the Department of History, Arts and Culture, or other individual designated by the Governor and the directors of all other state departments and agencies having authority transferred to the Department of History, Arts and Culture under this Order shall develop an agreement specifying these positions no later than the effective date of this Order and the transfers shall be implemented no later than 120 days from the effective date of this Order.

D. The Director of the Department of History, Arts and Culture, or other individual designated by the Governor, shall immediately initiate coordination with the directors of all other state departments and agencies having authority transferred to the Department of History, Arts and Culture under this Order to facilitate the transfer and develop memoranda of record identifying any pending settlements, issues of compliance with applicable federal and state laws and regulations, or other obligations to be resolved related to the authority to be transferred.

E. All records, personnel, property, grants and unexpended balances of appropriations, allocations and other funds used, held, employed, available or to be made available to any entity for the activities, powers, duties, functions and responsibilities transferred to the Department of History, Arts and Culture by this Order are hereby transferred to the Department of History, Arts and Culture.

F. The Director of the Department of History, Arts and Culture, or other individual designated by the Governor, may request the assistance of the Department of Consumer and Industry Services, the Department of State, the Michigan Department of Natural Resources and the Department of Management and Budget with respect to personnel, budgeting, procurement, information systems and other management-related functions and such departments shall provide such assistance.

G. The Director of the Department of History, Arts and Culture may by written instrument delegate a duty or power conferred by law or this Order and the person to whom such duty or power is so delegated may perform such duty or exercise such power at the time and to the extent that such duty or power is delegated by the Director of the Department of History, Arts and Culture.

H. The State Budget Director shall determine and authorize the most efficient manner possible for handling financial transactions and records in the state's financial management system for the remainder of the fiscal year.

I. All rules, orders, contracts, grants and agreements relating to the functions transferred to the Department of History, Arts and Culture by this Order lawfully adopted prior to the effective date of this Order by the responsible state agency shall continue to be effective until revised, amended or rescinded.

J. Any suit, action or other proceeding lawfully commenced by, against or before any entity affected by this Order shall not abate by reason of the taking effect of this Order.

K. The invalidity of any portion of this Order shall not affect the validity of the remainder thereof.

In fulfillment of the requirement of Article V, Section 2, of the Constitution of the state of Michigan of 1963, the provisions of this Executive Order shall become effective August 5, 2001.

[SEAL] Given under my hand and the Great Seal of the State of Michigan this 29th day of May, in the Year of our Lord, Two Thousand One.

John Engler

Governor

By the Governor:

Candice S. Miller

Secretary of State

The message was referred to the Clerk.

______

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

The motion prevailed.

By unanimous consent the House returned to the order of

Messages from the Senate

Senate Concurrent Resolution No. 23.

A concurrent resolution prescribing the Joint Rules of the Senate and House of Representatives.

Resolved by the Senate (the House of Representatives concurring), That the following be and are hereby adopted as the Joint Rules of the Senate and House of Representatives:

JOINT RULES

OF THE

SENATE AND HOUSE OF REPRESENTATIVES

Transmission of Messages.

Rule 1. All messages necessary for conducting legislative business between the two Houses shall be communicated in writing and electronically by the Secretary of the Senate and the Clerk of the House of Representatives.

Amendments.

Rule 2. It shall be in the power of either House to amend an amendment made by the other to any bill or resolution.

Conference Committees.

Rule 3. (a) The House not concurring in the amendments of the other House shall appoint conferees and notify the amending House of its action. The amending House shall request return of the bill or resolution or appoint conferees. The conference committee shall consist of three members from each House, to be appointed as each House may determine. The first named member of the House in which the bill or resolution originated shall be chairperson of the conference committee. Upon appointment of conferees by both Houses, the bill or resolution shall be referred to the conference committee.

(b) The conference committees of the two Houses shall vote separately while in conference. The majority of each committee shall constitute a quorum of each committee and shall determine the position to be taken toward the propositions of the conference committee. If the conferees agree, a report shall be made which shall be signed by at least a majority of the conferees of each House who were present and voted in the conference committee meeting to adopt the report. The bill or resolution, including the original signed conference report and three copies, shall be filed in the House of origin where the question shall be on the adoption of the conference report. If the conference report is adopted, the bill or resolution, including the original signed conference report, and two copies of the conference report shall be transmitted to the other House where the question shall be on the adoption of the conference report. If the conference report is adopted in the other House, the bill or resolution and the original signed copy of the conference report shall be returned to the House of origin and referred for enrollment printing and presentation to the Governor, filing with the Secretary of State, or filing for record with the Secretary of the Senate or Clerk of the House of Representatives.

Conference Committee Clerk.

Rule 4. The conference committee clerk shall be from the House of origin, who shall notify the Secretary of the Senate and the Clerk of the House of Representatives of all scheduled meetings for public posting. Conference committees on appropriation bills may use fiscal agency personnel for clerks.

Conference Report: Rejection.

Rule 5. If the conference report is rejected by the House of origin, it shall appoint second conferees and notify the other House of its action. The procedure shall then be the same as for an original conference.

If the conference report is rejected by the other House, it shall appoint second conferees, notify the House of origin of its action, and transmit the bill or resolution to the House of origin. Upon receipt of the bill or resolution, the House of origin shall appoint second conferees and refer the bill or resolution to the second conference committee. The procedure shall then be the same as for an original conference.

Disagreement of Conferees.

Rule 6. If the conferees are unable to agree, a report of that fact shall be made to both Houses. The report shall be signed by at least a majority of the conferees of each House who were present and voted in the conference committee meeting to adopt the report. The bill or resolution, including the original signed conference report and three copies, shall be filed in the House of origin. Both Houses shall appoint second conferees, and the House of origin shall refer the bill or resolution to the second conference committee. The procedure shall then be the same as for an original conference.

Second Conference: Failure.

Rule 7. When a second conference committee fails to reach agreement, or when a second conference report is rejected by either House, no further conference is in order.

Power of Conferees.

Rule 8. The conference committee shall not consider any matters other than the matters of difference between the two Houses.

For all bills making appropriations, adoption of a substitute by either House shall not open identical provisions contained in the other House-passed version of the bill as a matter of difference; nor shall the adoption of a substitute by either House open provisions not contained in either House version of the bill as a matter of difference.

When the conferees arrive at an agreement on the matters of difference that affects other parts of the bill or resolution, the conferees may recommend amendments to conform with the agreement. The conferees may also recommend amendments to the other parts of the bill or resolution which shall be limited to necessary date revisions, adjusting totals, cross-references, misspelling and punctuation corrections, conflict amendments for bills enacted into law, additional anticipated federal or other flow through funding, and corrections to any errors in the bill or resolution or the title.

Adoption of Conference Report.

Rule 9. Conference reports shall not be subject to amendments or division. The vote on conference reports shall be taken by "yeas" and "nays" and shall require the same number of votes constitutionally required for passage of the bill or adoption of the resolution. Conference reports shall not be considered until printed in the Journal. The Journal printing requirement may be suspended by a House by a majority vote in that House, provided that a printed copy of the conference report has been placed on each member's desk.

Conference Reports: Points of Order.

Rule 10. Points of order regarding conference reports shall be decided by the presiding officer, subject to an appeal, which appeal shall be determined by a majority vote. When a conference report is ruled out of order, it is a rejection of the report. Either House may refer the conference report back to the conference committee with instructions to eliminate from the report such matters as have been declared not within the powers of the conferees to consider.

Either House May Recede.

Rule 11. At any time while in possession of the bill or resolution, either House may recede from its position in whole or in part, and the bill or resolution upon request may be returned to the other House for that purpose. If this further action is agreed to by both Houses, the bill or resolution shall be referred for enrollment printing and presentation to the Governor, filing with the Secretary of State, or filing for record with the Secretary of the Senate or Clerk of the House of Representatives.

Correction of Errors.

Rule 12. If errors are found in a bill or resolution which has been passed or adopted by both Houses, the House in which the bill or resolution originated may make amendments to correct the errors and shall notify the other House of its action. If the corrective amendments are agreed to by the other House, the corrected bill or resolution shall be referred for enrollment printing and presentation to the Governor, filing with the Secretary of State, or filing for record with the Secretary of the Senate or Clerk of the House of Representatives.

In addition, the Secretary of the Senate and Clerk of the House of Representatives, as the case may be, shall correct obvious technical errors in the enrolled bill or resolution, including adjusting totals, misspellings, the omission or redundancy of grammatical articles, cross-references, punctuation, updating bill or resolution titles, capitalization, citation formats, and plural or singular word forms.

Bills and Joint Resolutions.

Rule 13. Upon introduction, no bill shall include catch lines, a severing clause, or a general repealing clause, as distinguished from a specific or an express repealing clause. The Secretary of the Senate and the Clerk of the House of Representatives shall delete such catch lines and clauses from all bills.

The same joint resolution shall not propose an amendment to the Constitution on more than one subject matter. However, more than one section of the Constitution may be included in the same joint resolution if the subject matter of each section is germane to the proposed amendment.

Yeas and Nays.

Rule 14. The yeas and nays shall be taken and printed in the Journal of the House taking action upon the passage or adoption of any bill, joint resolution, conference report, and amendments made by the other House to a bill or joint resolution.

No Members Present.

Rule 15. In the event the presiding officer and all members are absent on a day scheduled for meeting, the Secretary of the Senate or the Clerk of the House of Representatives, as the case may be, shall call that House to order at the designated time and announce the absence of a quorum. That House shall be declared adjourned until the succeeding legislative day and hour previously designated.

In any event where either or both Houses of the Legislature adjourns to a date certain for more than two days, a committee composed of the Majority Leader of the Senate and the Speaker of the House of Representatives may, by a unanimous vote of that committee, convene either or both Houses of the Legislature at any time in case of emergency.

If a gubernatorial appointment that is subject to the advice and consent process is made at a time such that 60 days would lapse during an extended recess of the Senate, the Senate Majority Leader may schedule a session of the Senate for the sole purpose of carrying out the Senate's constitutional duties to advise and consent on gubernatorial appointments. No other action shall be taken by the Senate during session convened under this provision. The Senate Majority Leader shall notify the Secretary of the Senate at least 10 calendar days prior to the date of the scheduled session, and the Secretary of the Senate shall take all reasonable steps to notify the members of the Senate of the scheduled session.

Passage, Adoption, and Enrollment Printing.

Rule 16. Every bill passed or joint resolution adopted by both Houses and returned to the House of origin shall forthwith be enrolled and signed by the Secretary of the Senate and the Clerk of the House of Representatives. Enrolled bills shall be presented to the Governor, and enrolled joint resolutions that propose an amendment to the Constitution shall be filed with the Secretary of State with a certificate attached to the effect that the joint resolution has been adopted by the Senate and House of Representatives, respectively, in accordance with the provisions of the Constitution. If the House having last passed the bill or adopted the joint resolution requests its return and such request be granted or a motion is made in the House of origin to amend errors in the bill or joint resolution or to give the bill immediate effect, the enrollment printing shall not occur.

Every bill, joint resolution, and concurrent resolution passed or adopted by either House shall be transmitted to the other House. If notice of a motion to reconsider on the next succeeding legislative day is made from the floor or written notice is filed with the Secretary of the Senate or the Clerk of the House of Representatives, as the case may be, the bill, joint resolution, or concurrent resolution shall remain in that House until after adjournment the next succeeding legislative day. The notice of reconsideration shall be printed on the daily calendar and in the Journal. If no motion is made in accordance with such notice, the bill, joint resolution, or concurrent resolution shall immediately be transmitted after adjournment.

Immediate Effect.

Rule 17. Whenever both Houses, by the constitutional vote, order that a bill take immediate effect, a statement shall be added at the enrollment of the bill in words to this effect: "This act is ordered to take immediate effect."

Joint Resolutions.

Rule 18. Joint resolutions shall be used for the following purposes:

1. Amendments to the Constitution of Michigan.

2. Ratification of amendments to the Constitution of the United States submitted by the Congress.

3. Matters upon which power is solely vested in the Legislatures of the several states by the Constitution of the United States.

Joint resolutions proposing amendments to the Constitution of Michigan shall require a 2/3 vote of the members serving in each House for adoption. Other joint resolutions shall require a majority of the members serving in each House for adoption. All joint resolutions shall require a record roll call vote.

Veto Override: Filing with Secretary of State.

Rule 19. When a bill is passed by both Houses over the objections of the Governor or a bill is not filed by the Governor with the Secretary of State within the constitutionally mandated 14-day period, and the Legislature continues in session, an official enrolled bill with a letter from the House of origin signed by the Secretary of the Senate or the Clerk of the House of Representatives, as appropriate, shall be filed with the Secretary of State for a public act number to be assigned. The letter shall certify that the Governor's veto has been overridden by both Houses of the Legislature or that the bill has not been returned within the specified time, as the case may be, in accordance with the provisions of the Constitution.

Section Numbers of Compiled Laws - Amendments.

Rule 20. The title of every bill to amend or repeal existing laws shall be clear and explicit so as to definitely fix what is proposed to be done. Such title shall refer to the act number and the year in which it was passed. If the bill was passed at an extra session of the Legislature, the title shall designate which extra session.

Such title shall contain the last title of the act it is proposed to amend. However, the short title (e.g., This act shall be known and may be cited as "The judicature act of 1915,") shall be used in acts where it has been defined by legislative enactment. The title shall also contain the chapter, part numbers and compiler's section numbers, if any, and the year of the compilation containing the same.

Following the passage of a bill with a short title, the House other than the House of origin shall replace the short title with the last full title of the act it is proposed to amend or repeal. Other corrective amendments to the title shall be made as may be necessary. The full title and amended title shall be agreed to by both Houses.

When an amendment to a bill or a bill to amend an existing law is printed, words proposed to be added to such law shall be printed in upper case (capital) type, and the words to be omitted shall be printed in stricken-through type. This style requirement also applies to joint resolutions that amend the Constitution of Michigan.

All bills and joint resolutions introduced, amendments to joint resolutions, substitute bills and joint resolutions, and conference committee reports shall be approved as to form and section numbers by the Legislative Service Bureau.

Tie-bars.

Rule 21. A bill or resolution that is tie-barred to a request number shall not be considered for passage or adoption unless that tie-barred request item has been introduced. No bill or resolution shall be passed or adopted by either House until the tie-barred item has been designated in the appropriate blank space provided.

Elections in Joint Convention.

Rule 22. Whenever there is an election of any officer in joint convention, the result shall be certified by the President of the Senate and the Speaker of the House of Representatives. The results shall be announced by the presiding officers to their respective Houses, printed in the Journal of each House, and communicated to the Governor by the Secretary of the Senate and the Clerk of the House of Representatives.

Legislative Handbook.

Rule 23. The initial appointment of the standing committee members of the two Houses shall be printed in their respective Journals as soon as possible after the announcement. The Secretary of the Senate and the Clerk of the House of Representatives shall prepare and have printed a legislative handbook containing these appointments and other information they deem appropriate.

Compensation.

Rule 24. Compensation for members, officers, and employees of the Legislature shall be delivered to the Secretary of the Senate or Clerk of the House of Representatives, as the case may be, and transmitted directly to the payee.

If the office of a member of the Legislature becomes vacant, the compensation for the elected successor shall begin on the date of his or her oath of office.

Committee Expenses.

Rule 25. No committee created by concurrent resolution shall incur expenses in excess of $1,000.00 unless authorized in the resolution creating that committee.

Final Adjournment of Regular Sessions.

Rule 26. In the regular session in each year, this rule for adjournment shall govern.

The Majority Floor Leader of the Senate and/or the Majority Floor Leader of the House of Representatives shall introduce a concurrent resolution providing for an adjournment schedule for the Legislature for that regular session.

Daily Adjournment.

Rule 27. Neither House shall remain in session on any legislative day beyond 12:00 midnight. If either House is in session at 12:00 midnight, the presiding officer shall declare that House adjourned until a fixed hour for meeting on the next legislative day. That House shall stand adjourned until the next fixed meeting time.

Pending Business.

Rule 28. Any business, bill, or joint resolution which has not been defeated by either House shall be considered pending under the provisions of Article 4, Section 13 of the Constitution.

It shall not be in order for either House, by suspension of rules or any other means, to reconsider in a subsequent year the vote by which any business, bill, joint resolution, or veto override was defeated in a previous year.

The Senate has adopted the concurrent resolution.

Pending the reference of the concurrent resolution to a committee,

Rep. Patterson moved that Rule 77 be suspended and the concurrent 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 concurrent resolution,

Rep. Patterson demanded the yeas and nays.

The demand was supported.

The question being on the adoption of the concurrent resolution,

The concurrent resolution was adopted, a majority of the members present voting therefor, by yeas and nays, as follows:

Roll Call No. 207 Yeas--103

Adamini Garza Lockwood Schauer

Allen George Mans Schermesser

Anderson Gieleghem McConico Scranton

Basham Gilbert Mead Shackleton

Bernero Godchaux Meyer Sheltrown

Birkholz Gosselin Middaugh Shulman

Bisbee Hager Mortimer Spade

Bishop Hale Murphy Stamas

Bovin Hansen Neumann Stewart

Bradstreet Hart Newell Switalski

Brown, B. Howell O'Neil Tabor

Brown, C. Jacobs Pappageorge Thomas

Brown, R. Jamnick Patterson Toy

Callahan Jansen Pestka Van Woerkom

Cassis Jelinek Phillips Vander Roest

Caul Johnson, Rick Plakas Vander Veen

Clark, I. Johnson, Ruth Pumford Vear

Clarke, H. Julian Quarles Voorhees

Daniels Koetje Raczkowski Waters

Dennis Kolb Reeves Whitmer

DeRossett Kooiman Richardville Williams

DeWeese Kowall Richner Wojno

Drolet Kuipers Rison Woodward

Ehardt LaSata Rivet Woronchak

Faunce Lemmons Rocca Zelenko

Frank Lipsey Sanborn

Nays--0

In The Chair: Julian

______

Rep. Schauer, under Rule 33, made the following statement:

"Mr. Speaker and members of the House:

I was absent from the Chamber when the vote was taken on Roll Call Nos. 197 and 198. Had I been present, I would have voted 'yea'."

Second Reading of Bills

Senate Bill No. 232, entitled

A bill to make appropriations for the department of career development and the Michigan strategic fund and certain other state purposes for the fiscal year ending September 30, 2002; to provide for the expenditure of the appropriations; and to provide for the disposition of fees and other income received by the 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.

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

1. Amend page 35, line 25, after "Michigan." by inserting "In addition $200,000.00 shall be used to promote tourism activities in the northeast region of the state.".

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

Rep. Sheltrown demanded the yeas and nays.

The demand was supported.

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

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

Roll Call No. 208 Yeas--50

Adamini Frank Minore Schermesser

Anderson Garza Murphy Shackleton

Basham Gieleghem Neumann Sheltrown

Bernero Hale O'Neil Stallworth

Bogardus Hansen Pestka Switalski

Bovin Jacobs Phillips Thomas

Brown, B. Jamnick Plakas Waters

Brown, R. Kolb Quarles Whitmer

Callahan Lemmons Reeves Williams

Clark, I. Lipsey Rison Wojno

Clarke, H. Lockwood Rivet Woodward

Daniels Mans Schauer Zelenko

Dennis McConico

Nays--56

Allen Gilbert Kuipers Sanborn

Birkholz Godchaux LaSata Scranton

Bisbee Gosselin Mead Shulman

Bishop Hager Meyer Spade

Bradstreet Hart Middaugh Stamas

Brown, C. Howell Mortimer Stewart

Cassis Jansen Newell Tabor

Caul Jelinek Pappageorge Toy

DeRossett Johnson, Rick Patterson Van Woerkom

DeWeese Johnson, Ruth Pumford Vander Roest

Drolet Julian Raczkowski Vander Veen

Ehardt Koetje Richardville Vear

Faunce Kooiman Richner Voorhees

George Kowall Rocca Woronchak

In The Chair: Julian

Rep. Bernero moved to amend the bill as follows:

1. Amend page 30, following line 16, by inserting:

"Sec. 326. To ensure that Michigan's employer community and unemployed workers may still get in person assistance with their unemployment claims and problems after the implementation of the remote initial claims centers, the unemployment agency shall work collaboratively with the department of career development to ensure each one-stop center has the ability to assist individuals or respond to inquiries regarding unemployment benefits and the remote initial claims system. In the 23 one-stop centers currently colocated with unemployment agency branch offices, a front-line unemployment agency staff person shall be transferred over to the employment service section of that particular one-stop center and the remaining 78 one-stop locations shall have at least 2 front-line unemployment agency staff person present.".

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

Rep. Bernero demanded the yeas and nays.

The demand was supported.

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

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

Roll Call No. 209 Yeas--53

Adamini Garza Minore Schermesser

Anderson Gieleghem Murphy Sheltrown

Basham Hale Neumann Spade

Bernero Hansen O'Neil Stallworth

Bogardus Jacobs Pestka Switalski

Bovin Jamnick Phillips Thomas

Brown, B. Kilpatrick Plakas Waters

Brown, R. Kolb Quarles Whitmer

Callahan Lemmons Reeves Williams

Clark, I. Lipsey Richardville Wojno

Clarke, H. Lockwood Rison Woodward

Daniels Mans Rivet Woronchak

Dennis McConico Schauer Zelenko

Frank

Nays--54

Allen Gilbert Kuipers Sanborn

Birkholz Godchaux LaSata Scranton

Bisbee Gosselin Mead Shackleton

Bishop Hager Meyer Shulman

Bradstreet Hart Middaugh Stamas

Brown, C. Howell Mortimer Stewart

Cassis Jansen Newell Tabor

Caul Jelinek Pappageorge Toy

DeRossett Johnson, Rick Patterson Van Woerkom

DeWeese Johnson, Ruth Pumford Vander Roest

Drolet Julian Raczkowski Vander Veen

Ehardt Koetje Richner Vear

Faunce Kooiman Rocca Voorhees

George Kowall

In The Chair: Julian

______

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

The motion prevailed.

Rep. Lockwood moved to amend the bill as follows:

1. Amend page 21, line 14, before "clear" by inserting "a single set of".

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

Roll Call No. 210 Yeas--51

Adamini Frank McConico Schermesser

Anderson Garza Mortimer Sheltrown

Basham Gieleghem Murphy Spade

Bernero Hale Neumann Stallworth

Bogardus Hansen O'Neil Switalski

Bovin Jacobs Pestka Thomas

Brown, B. Jamnick Phillips Waters

Brown, R. Kilpatrick Plakas Whitmer

Callahan Kolb Quarles Williams

Clark, I. Lemmons Reeves Wojno

Clarke, H. Lipsey Rison Woodward

Daniels Lockwood Rivet Zelenko

Dennis Mans Schauer

Nays--55

Allen Gilbert Kuipers Scranton

Birkholz Godchaux LaSata Shackleton

Bisbee Gosselin Mead Shulman

Bishop Hager Meyer Stamas

Bradstreet Hart Middaugh Stewart

Brown, C. Howell Newell Tabor

Cassis Jansen Pappageorge Toy

Caul Jelinek Patterson Van Woerkom

DeRossett Johnson, Rick Pumford Vander Roest

DeWeese Johnson, Ruth Raczkowski Vander Veen

Drolet Julian Richardville Vear

Ehardt Koetje Richner Voorhees

Faunce Kooiman Rocca Woronchak

George Kowall Sanborn

In The Chair: Julian

______

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

The motion prevailed.

Rep. Lockwood moved to amend the bill as follows:

1. Amend page 30, following line 16, by inserting:

"Sec. 326. The department and the unemployment agency shall work collaboratively to ensure that each Michigan works agency one-stop center has the ability to assist individuals or respond to inquiries regarding unemployment benefits and the remote initial claims system.".

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. 211 Yeas--105

Adamini Garza Lockwood Schauer

Allen George Mans Schermesser

Anderson Gieleghem McConico Scranton

Basham Gilbert Mead Shackleton

Bernero Godchaux Meyer Sheltrown

Birkholz Gosselin Middaugh Shulman

Bisbee Hager Minore Spade

Bishop Hale Murphy Stallworth

Bogardus Hansen Neumann Stamas

Bovin Hart Newell Stewart

Bradstreet Howell O'Neil Switalski

Brown, B. Jacobs Pappageorge Tabor

Brown, C. Jamnick Patterson Thomas

Brown, R. Jansen Pestka Toy

Callahan Jelinek Phillips Van Woerkom

Cassis Johnson, Ruth Plakas Vander Roest

Caul Julian Pumford Vander Veen

Clark, I. Kilpatrick Quarles Vear

Clarke, H. Koetje Raczkowski Voorhees

Daniels Kolb Reeves Waters

Dennis Kooiman Richardville Whitmer

DeRossett Kowall Richner Williams

DeWeese Kuipers Rison Wojno

Drolet LaSata Rivet Woodward

Ehardt Lemmons Rocca Woronchak

Faunce Lipsey Sanborn Zelenko

Frank

Nays--0

In The Chair: Julian

Rep. Lockwood moved to amend the bill as follows:

1. Amend page 30, following line 16, following section 326, by inserting:

"Sec. 327. The department shall work cooperatively with the department of civil service to identify state employees who will lose their jobs as a result of an agency or program being reorganized, modified, or eliminated and shall develop training programs and provide training to these individuals that will provide them an opportunity and skills necessary to secure new employment within state government or the private sector. It shall be a priority of the department to provide training and employment opportunities to these individuals through their employment service locations.".

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

Rep. Bernero moved to amend the bill as follows:

1. Amend page 41, following line 6, by inserting:

"Sec. 417. Travel Michigan shall include in the official state of Michigan travel guide, a 2-page guide to Michigan state parks that describes locations and facilities.".

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

Rep. Bernero demanded the yeas and nays.

The demand was supported.

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

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

Roll Call No. 212 Yeas--55

Adamini Frank Mans Schermesser

Anderson Garza McConico Sheltrown

Basham Gieleghem Middaugh Spade

Bernero Hale Murphy Stallworth

Birkholz Hansen Neumann Switalski

Bogardus Jacobs O'Neil Thomas

Bovin Jamnick Pestka Van Woerkom

Brown, B. Kilpatrick Phillips Waters

Brown, R. Kolb Plakas Whitmer

Callahan Kooiman Quarles Williams

Clark, I. Kowall Reeves Wojno

Clarke, H. Lemmons Rison Woodward

Daniels Lipsey Rivet Zelenko

Dennis Lockwood Schauer

Nays--51

Allen Gilbert LaSata Scranton

Bisbee Godchaux Mead Shackleton

Bishop Gosselin Meyer Shulman

Bradstreet Hager Mortimer Stamas

Brown, C. Hart Newell Stewart

Cassis Howell Pappageorge Tabor

Caul Jansen Patterson Toy

DeRossett Jelinek Pumford Vander Roest

DeWeese Johnson, Rick Raczkowski Vander Veen

Drolet Johnson, Ruth Richardville Vear

Ehardt Julian Richner Voorhees

Faunce Koetje Rocca Woronchak

George Kuipers Sanborn

In The Chair: Julian

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

1. Amend page 29, line 18, after "council," by striking out "and".

2. Amend page 29, line 19, after "services" by inserting a comma and "and $104,900.00 shall be awarded to the Arab community center for economic and social services".

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

Rep. Minore moved to amend the bill as follows:

1. Amend page 41, following line 6, following section 417, by inserting:

"Sec. 418. (1) The funding appropriated in part 1 of 2000 PA 291 for the Michigan core communities fund will be used to create an urban revitalization infrastructure program in the Michigan strategic fund for economic development awards to create new jobs or contribute to redevelopment and encourage private investment in core communities.

(2) Awards will be provided to qualified local governmental units as defined in the obsolete property rehabilitation act, 2000 PA 146, or certified technology parks, as defined in the local development financing act, 1986 PA 281, MCL 125.2151 to 125.2174. All qualified local governmental units and certified technology parks will be notified of the Michigan core communities fund within 15 days of the effective date of this act.

(3) Awards can be used only for land and property acquisition and assembly, demolition, site development, utility modifications and improvements, street and road improvements, telecommunication infrastructure, site location and relocation, infrastructure improvements, and costs related to any of these, at the discretion of the Michigan economic development corporation.

(4) Funding may be provided in the form of loans, grants, sales or cash flow participation agreements, guarantees, or any combination of these. A cash match of at least 10%, or local repayment guarantee with a dedicated funding source, is required. Priority shall be given to projects which are integrated with existing economic development programs, and to projects in proportion to the amount that local matching rates exceed 10%.

(5) The Michigan economic development corporation shall have all administrative responsibility for the Michigan core communities fund and shall establish application and application scoring criteria and approve awards. The Michigan economic development corporation may utilize up to 1/2 of 1% of the fund for administrative purposes.

(6) Funds will be awarded through an open competitive process based on criteria including the following: project impact, project marketability, lack of adequate infrastructure or land assembly financing sources, local administrative capacity, and the level of local matching funds. Awardees shall agree to expedite the local development process, such as fast-track permitting procedures, streamlined regulatory requirements, standardized construction and building codes, and the use of competitive construction permitting fees.

(7) The appropriation of the Michigan core communities fund is a work project appropriations and any unencumbered or any allotted funds are carried forward into the following fiscal year. The following is in compliance with section 451a(1) of the management and budget act, 1984 PA 431, MCL 18.1451a:

(a) The purpose of the project to be carried out is to provide awards to qualified local governmental units and certified technology parks for local economic development projects as defined by this section.

(b) The project will be accomplished through contracts.

(d) The tentative completion date is September 30, 2005.

(8) Funds will be awarded as part of 4 separate application periods. Deadlines for submitting applications for each of the 4 periods will be no later than September 1, 2000, January 1, 2001, April 1, 2001, and July 1, 2001. Awards for each of the application periods will be made on a quarterly basis.

(9) Not more than $12,500,000.00 will be awarded per application period, and no single project shall be awarded more than $10,000,000.00.

(10) Fifteen days prior to the award of the funds, notification shall be provided to the speaker of the house of representatives, the senate majority leader, the members of the house and senate appropriations committees, and the house and senate fiscal agencies.

(11) Funds shall not be awarded for any of the following purposes:

(a) Land sited for use as, or support for, a gaming facility.

(b) Land or other facilities owned or operated by a gaming facility.

(12) By December 31 of each year that the Michigan core communities fund continues in operation, the Michigan economic development corporation shall submit to the chairs of the appropriations committees in the house of representatives and senate a report detailing the awards made.

(13) As used in this section, "Michigan economic development corporation" means the public body corporate created under section 28 of article VII of the state constitution of 1963 and the urban cooperation act of 1967, 1967 (Ex Sess) PA 7, MCL 124.501 to 124.512, by a contractual interlocal agreement effective April 5, 1999 between local participating economic development corporations formed under the economic development corporations act, 1974 PA 338, MCL 125.1601 to 125.1636, and the Michigan strategic fund. If the Michigan economic development corporation is unable for any reason to perform its duties under this act, the Michigan strategic fund may exercise those duties.".

2. Amend page 41, following line 6, following section 418, by inserting:

"REPEALERS

Sec. 419. Section 430 of 2000 PA 291 is repealed.".

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

______

Rep. Phillips moved that Rep. McConico be excused temporarily from today's session.

The motion prevailed.

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

The motion prevailed.

Rep. Lipsey moved that Rep. Phillips be excused temporarily from today's session.

The motion prevailed.

Rep. Garza moved to amend the bill as follows:

1. Amend page 23, following line 8, by inserting:

"(15) The department shall require each Michigan Works! agency receiving grant funding to provide transportation assistance in a consistent manner to Work First participants and to Noncash recipients served by any Work First program. Transportation assistance shall be provided for a period of at least 3 months and up to 6 months for trips to and from the workplace and as necessary, to and from child care facilities used for any dependent children. The department shall require case managers to inform all Work First participants and Noncash recipients that such transportation assistance is available for trips to and from work and to and from child care facilities used for any dependent children. Transportation assistance may include allowances for once-in-a-lifetime automobile purchases and automobile repairs, with an annual dollar limit. The department shall submit a report to the subcommittees by February of each year listing the amount of transportation assistance support provided by each Michigan Works! agency and to Work First participants during the preceding fiscal year as well as a summary of the types of transportation-related support offered.".

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

Rep. Garza demanded the yeas and nays.

The demand was supported.

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

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

Roll Call No. 213 Yeas--38

Adamini Daniels Kolb Schermesser

Anderson Dennis Lemmons Spade

Basham Frank Lipsey Stallworth

Bernero Garza Lockwood Switalski

Bogardus Gieleghem Minore Waters

Bovin Hale Murphy Whitmer

Brown, B. Hansen Plakas Williams

Brown, R. Jacobs Rison Woodward

Clark, I. Jamnick Schauer Zelenko

Clarke, H. Kilpatrick

Nays--57

Allen Godchaux LaSata Scranton

Birkholz Gosselin Mead Shackleton

Bisbee Hager Meyer Sheltrown

Bishop Hart Middaugh Shulman

Bradstreet Howell Mortimer Stamas

Brown, C. Jansen Newell Stewart

Cassis Jelinek Pappageorge Tabor

Caul Johnson, Rick Patterson Toy

DeRossett Johnson, Ruth Pumford Van Woerkom

DeWeese Julian Raczkowski Vander Roest

Drolet Koetje Richardville Vander Veen

Ehardt Kooiman Richner Vear

Faunce Kowall Rocca Voorhees

George Kuipers Sanborn Woronchak

Gilbert

In The Chair: Julian

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

The motion prevailed.

Senate Bill No. 233, entitled

A bill to make appropriations for the department of consumer and industry services and certain other state purposes for the fiscal year ending September 30, 2002; to provide for the expenditure of those appropriations; to provide for the imposition of certain fees; to provide for the disposition of fees and other income received by the state agencies; to provide for reports to certain persons; and to prescribe powers and duties of certain state departments and certain state and local agencies and officers.

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. Lockwood moved to amend the bill as follows:

1. Amend page 18, line 3, after "department" by inserting "or to positions funded with 80% or more with federal or restricted funds".

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 43, following line 14, by inserting:

"Sec. 340. The department shall work cooperatively with the department of civil service to identify state employees who will lose their jobs as a result of an agency program being reorganized, modified, or eliminated and shall develop training programs and provide training to these individuals that will provide them with the opportunity and skills necessary to secure new employment within the state government or the private sector. It shall be a priority of the department to provide training and employment opportunities to these displaced state employees through their employment service locations.".

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

Reps. Lockwood and Shackleton moved to amend the bill as follows:

1. Amend page 42, line 12, by striking out all of section 337 and inserting:

"Sec. 337. (1) The unemployment agency shall include in the remote initial claims center (RICCS) automated phone system a choice to speak with an employees of the unemployment agency as an option. This option should be provided in the system as early as possible as deemed appropriate in the system design. In addition, the unemployment agency should establish a standard that no one is on hold for greater than 5 minutes without assistance. The RICCS shall not include the ability to screen out calls for any reason. The department shall monitor the system to ensure compliance with these guidelines.

(2) The unemployment agency should continue to provide training opportunities to employees affected with the implementation of the RICCS.".

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

Rep. Frank moved to amend the bill as follows:

1. Amend page 43, following line 14, following section 340, by inserting:

"Sec. 341. From the funds appropriated in part 1 for adult foster care, children's welfare, and day care licensure, the department shall maintain a day care facility to day care inspector ratio of no more than 210 to 1.".

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

Reps. Rich Brown and Shackleton moved to amend the bill as follows:

1. Amend page 38, line 6, after "system," by striking out "may" and inserting "shall".

The question being on the adoption of the amendment offered by Reps. Rich Brown and Shackleton,

Rep. Rich Brown demanded the yeas and nays.

The demand was supported.

The question being on the adoption of the amendment offered by Reps. Rich Brown and Shackleton,

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

Roll Call No. 214 Yeas--49

Adamini Garza Minore Schermesser

Anderson Gieleghem Murphy Shackleton

Basham Hale Neumann Sheltrown

Bernero Hansen O'Neil Spade

Bogardus Jacobs Pestka Stallworth

Bovin Jamnick Phillips Switalski

Brown, B. Kilpatrick Plakas Waters

Brown, R. Kolb Quarles Whitmer

Callahan Lemmons Reeves Williams

Clark, I. Lipsey Rison Wojno

Clarke, H. Lockwood Rivet Woodward

Daniels Mans Schauer Zelenko

Dennis

Nays--54

Allen Godchaux LaSata Sanborn

Birkholz Gosselin Mead Scranton

Bisbee Hager Meyer Shulman

Bishop Hart Middaugh Stamas

Brown, C. Howell Mortimer Stewart

Cassis Jansen Newell Tabor

Caul Jelinek Pappageorge Toy

DeRossett Johnson, Rick Patterson Van Woerkom

DeWeese Johnson, Ruth Pumford Vander Roest

Drolet Julian Raczkowski Vander Veen

Ehardt Koetje Richardville Vear

Faunce Kooiman Richner Voorhees

George Kowall Rocca Woronchak

Gilbert Kuipers

In The Chair: Julian

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

1. Amend page 42, following line 23, by striking out all of section 338 and inserting:

"Sec. 338. Nursing facilities shall report in the quarterly staff report to the department, the total patient care hours provided each month, by state licensure and certification classification, and the percentage of pool staff, by state licensure and certification classification, used each month during the preceding quarter. The department shall make available to the public, the quarterly staff report compiled for all facilities including the total patient care hours and the percentage of pool staff used, by classification.".

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

Reps. Shackleton and Rich Brown moved to amend the bill as follows:

1. Amend page 38, line 15, after "process." by inserting "The department shall issue a request for a proposal that provides for the option of a single contractor for the Upper Peninsula.".

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

Rep. Clarke moved to amend the bill as follows:

1. Amend page 43, following line 14, following section 341, by inserting:

"Sec. 342. Any municipality having a population of 750,000 or more that receives grant funding from the appropriation for fire protection grants in part 1, shall utilize the funding to supplement the municipality's fire prevention efforts, upgrade fire fighting equipment, and provide support services for burn survivors and their families.".

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

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

The motion prevailed.

Senate Bill No. 235, entitled

A bill to make appropriations for the family independence agency and certain state purposes related to public welfare services for the fiscal year ending September 30, 2002; to provide for the expenditure of the appropriations; to create funds; to provide for the imposition of fees; to provide for reports; to provide for the disposition of fees and other income received by the state agency; and to provide for the powers and duties of certain individuals, local governments, and state departments, agencies, 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. Jansen moved to amend the bill as follows:

1. Amend page 46, line 3, after "$1,460.00." by striking out the balance of the section.

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

Rep. Jansen moved to amend the bill as follows:

1. Amend page 70, following line 6, by inserting:

"Sec. 709. As a condition of receiving funds appropriated in part 1 for the child care fund, counties shall provide a service spending plan for the fiscal year ending September 30, 2002 to the department by February 15, 2002.".

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

Rep. Switalski moved to amend the bill as follows:

1. Amend page 67, following line 2, by inserting:

"Sec. 668. (1) The department shall retain the preventive services for families program as a supportive services program within the child and family services administration. The department shall retain preventive services for families workers who meet the requirements of the Michigan department of civil service job specification for social services specialist.

(2) It is the intent of the legislature to preserve the integrity and outstanding performance of this unique class of professional child welfare employees who serve as critical support to children's protective services workers.".

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

Rep. Switalski demanded the yeas and nays.

The demand was supported.

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

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

Roll Call No. 215 Yeas--49

Adamini Frank Mans Schermesser

Anderson Garza Murphy Sheltrown

Basham Gieleghem Neumann Spade

Bernero Hale O'Neil Stallworth

Bogardus Hansen Pestka Switalski

Bovin Jacobs Phillips Thomas

Brown, B. Jamnick Plakas Waters

Brown, R. Kilpatrick Quarles Whitmer

Callahan Kolb Reeves Williams

Clark, I. Lemmons Rison Wojno

Clarke, H. Lipsey Rivet Woodward

Daniels Lockwood Schauer Zelenko

Dennis

Nays--55

Allen Godchaux LaSata Scranton

Bisbee Gosselin Mead Shackleton

Bishop Hager Meyer Shulman

Bradstreet Hart Middaugh Stamas

Brown, C. Howell Mortimer Stewart

Cassis Jansen Newell Tabor

Caul Jelinek Pappageorge Toy

DeRossett Johnson, Rick Patterson Van Woerkom

DeWeese Johnson, Ruth Pumford Vander Roest

Drolet Julian Raczkowski Vander Veen

Ehardt Koetje Richardville Vear

Faunce Kooiman Richner Voorhees

George Kowall Rocca Woronchak

Gilbert Kuipers Sanborn

In The Chair: Julian

Rep. Rison moved to amend the bill as follows:

1. Amend page 9, line 19, by striking out all of line 19.

2. Amend page 10, line 5, by striking out "995,610,700" and inserting "968,610,700" and adjusting the subtotals, totals, and section 201 accordingly.

3. Amend page 62, line 1, by striking out all of section 646.

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

Rep. Plakas moved to amend the bill as follows:

1. Amend page 67, following line 2, by inserting:

"Sec. 668. It is the intent of the legislature that the department fully expend all available funds appropriated for the low-income home energy assistance program to eligible recipients and applicants and not allow any funds to lapse or carry forward to a new fiscal year.".

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

Rep. Plakas demanded the yeas and nays.

The demand was supported.

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

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

Roll Call No. 216 Yeas--51

Adamini Frank Minore Schermesser

Anderson Garza Murphy Sheltrown

Basham Gieleghem Neumann Spade

Bernero Hale O'Neil Stallworth

Bogardus Hansen Pestka Switalski

Bovin Jacobs Phillips Thomas

Brown, B. Jamnick Plakas Waters

Brown, R. Kilpatrick Quarles Whitmer

Callahan Kolb Reeves Williams

Clark, I. Lemmons Richardville Wojno

Clarke, H. Lipsey Rison Woodward

Daniels Lockwood Rivet Zelenko

Dennis Mans Schauer

Nays--50

Allen Godchaux Mead Shackleton

Birkholz Gosselin Meyer Shulman

Bisbee Hager Middaugh Stamas

Bishop Howell Mortimer Stewart

Bradstreet Jansen Newell Tabor

Brown, C. Jelinek Pappageorge Toy

Cassis Johnson, Rick Patterson Van Woerkom

Caul Johnson, Ruth Pumford Vander Roest

DeWeese Julian Richner Vander Veen

Drolet Koetje Rocca Vear

Faunce Kooiman Sanborn Voorhees

George Kowall Scranton Woronchak

Gilbert LaSata

In The Chair: Julian

Rep. Jamnick moved to amend the bill as follows:

1. Amend page 70, following line 6, by inserting:

"Sec. 711. (1) The department shall provide to all affected law enforcement agencies, on a quarterly basis, notification of placement of a juvenile released from a state-operated detention facility including sex offenders. The information shall include, but is not limited to, the name and address of the juvenile and the nature of the offense that led to the juvenile's detention.

(2) The department shall evaluate the juvenile's progress toward reintegration into the community. The department shall identify barriers to reintegration and take the necessary steps to reduce or eliminate those barriers. The department shall provide a written report of the findings to the house and senate standing committees dealing with human services, the house and senate appropriations subcommittees for the family independence agency budget, and the house and senate fiscal agencies.".

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

Rep. Jamnick demanded the yeas and nays.

The demand was supported.

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

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

Roll Call No. 217 Yeas--104

Adamini Frank Lipsey Sanborn

Allen Garza Lockwood Schauer

Anderson George Mans Schermesser

Basham Gieleghem Mead Scranton

Bernero Gilbert Meyer Shackleton

Birkholz Godchaux Middaugh Sheltrown

Bisbee Hager Minore Shulman

Bishop Hale Mortimer Spade

Bogardus Hansen Murphy Stallworth

Bovin Hart Neumann Stamas

Bradstreet Howell Newell Stewart

Brown, B. Jacobs O'Neil Switalski

Brown, C. Jamnick Pappageorge Tabor

Brown, R. Jansen Patterson Thomas

Callahan Jelinek Pestka Toy

Cassis Johnson, Rick Phillips Van Woerkom

Caul Johnson, Ruth Plakas Vander Roest

Clark, I. Julian Pumford Vander Veen

Clarke, H. Kilpatrick Quarles Vear

Daniels Koetje Raczkowski Waters

Dennis Kolb Reeves Whitmer

DeRossett Kooiman Richardville Williams

DeWeese Kowall Richner Wojno

Drolet Kuipers Rison Woodward

Ehardt LaSata Rivet Woronchak

Faunce Lemmons Rocca Zelenko

Nays--0

In The Chair: Julian

Rep. Bernero moved to amend the bill as follows:

1. Amend page 32, line 13, after "514." by inserting "(1)".

2. Amend page 33, following line 8, by inserting:

"(2) The department shall provide a quarterly report to the house and senate appropriations subcommittees on the family independence agency, house and senate standing committees having jurisdiction over human services matter, the house and senate fiscal agencies, and the house and senate policy offices that contains all of the following information:

(a) The number of complaints received by county and the number of those complaints that were assigned for investigation.

(b) The total number of assigned referrals listed by district and worker.

(d) The total number of opened cases listed by worker.".

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

Rep. Bernero demanded the yeas and nays.

The demand was supported.

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

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

Roll Call No. 218 Yeas--51

Adamini Frank Mans Schermesser

Anderson Garza Minore Sheltrown

Basham Gieleghem Murphy Spade

Bernero Hager Neumann Stallworth

Bogardus Hale O'Neil Switalski

Bovin Hansen Pestka Thomas

Brown, B. Jacobs Phillips Waters

Brown, R. Jamnick Plakas Whitmer

Callahan Kilpatrick Quarles Williams

Clark, I. Kolb Reeves Wojno

Clarke, H. Lemmons Rison Woodward

Daniels Lipsey Rivet Zelenko

Dennis Lockwood Schauer

Nays--55

Allen Gilbert LaSata Scranton

Birkholz Godchaux Mead Shackleton

Bisbee Gosselin Meyer Shulman

Bishop Hart Middaugh Stamas

Bradstreet Howell Mortimer Stewart

Brown, C. Jansen Newell Tabor

Cassis Jelinek Pappageorge Toy

Caul Johnson, Rick Patterson Van Woerkom

DeRossett Johnson, Ruth Pumford Vander Roest

DeWeese Julian Raczkowski Vander Veen

Drolet Koetje Richardville Vear

Ehardt Kooiman Richner Voorhees

Faunce Kowall Rocca Woronchak

George Kuipers Sanborn

In The Chair: Julian

Rep. Bernero moved to amend the bill as follows:

1. Amend page 40, following line 8, by inserting:

"Sec. 531. The family independence agency shall develop a system of supervisory protocol for case reviews to ensure that all children's protective services and foster care cases have a review by a first-line supervisor or the supervising manager to determine compliance with state statute.".

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

Rep. Bernero demanded the yeas and nays.

The demand was supported.

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

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

Roll Call No. 219 Yeas--49

Adamini Frank Mans Schermesser

Anderson Garza Minore Sheltrown

Basham Gieleghem Murphy Spade

Bernero Hager Neumann Stallworth

Bogardus Hale O'Neil Switalski

Bovin Hansen Pestka Thomas

Brown, B. Jacobs Phillips Waters

Brown, R. Jamnick Plakas Whitmer

Callahan Kilpatrick Quarles Williams

Clark, I. Kolb Rison Wojno

Clarke, H. Lipsey Rivet Woodward

Daniels Lockwood Schauer Zelenko

Dennis

Nays--55

In The Chair: Julian

Rep. Bernero moved to amend the bill as follows:

1. Amend page 70, following line 6, following section 711, by inserting:

"Sec. 712. Not more than 30 days after receiving a published report from the office of auditor general that states that the department has not complied with state or federal law, rule, or regulation, the department shall provide a report to the house and senate committees having jurisdiction over the family independence agency. The report shall state the reason for the noncompliance, a corrective action plan to bring the department into compliance, and the time frame for implementing and executing the plan.".

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

Rep. Bernero moved to amend the bill as follows:

1. Amend page 7, line 17, by striking out "2,826.9" and inserting "2,876.9".

2. Amend page 7, line 17, by striking out "120,042,700" and inserting "122,197,700".

3. Amend page 7, line 18, by striking out "27,073,000" and inserting "27,123,000".

4. Amend page 7, line 26, by striking out "277,747,900" and inserting "279,182,900".

5. Amend page 8, line 5, by striking out "172,751,750" and inserting "173,521,750".

6. Amend page 8, line 25, by striking out "7,880,400" and inserting "8,055,400".

7. Amend page 8, line 26, by striking out "3,052,800" and inserting "3,302,800".

8. Amend page 9, line 3, by striking out "167,506,200" and inserting "168,376,200".

9. Amend page 9, line 7, by striking out "139,434,750" and inserting "140,276,250".

10. Amend page 9, line 10, by striking out "105,387,750" and inserting "105,841,250" and adjusting the subtotals, totals, and section 201 accordingly.

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

Rep. Bernero demanded the yeas and nays.

The demand was supported.

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

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

Roll Call No. 220 Yeas--49

Adamini Frank Mans Schauer

Anderson Garza Minore Schermesser

Basham Gieleghem Murphy Sheltrown

Bernero Hale Neumann Spade

Bogardus Hansen O'Neil Switalski

Bovin Jacobs Pestka Thomas

Brown, B. Jamnick Phillips Waters

Brown, R. Kilpatrick Plakas Whitmer

Callahan Kolb Quarles Williams

Clark, I. Lemmons Reeves Wojno

Clarke, H. Lipsey Rison Woodward

Daniels Lockwood Rivet Zelenko

Dennis

Nays--56

In The Chair: Julian

Rep. Stallworth moved to amend the bill as follows:

1. Amend page 49, line 1, after "education," by inserting "summer employment opportunities that are available to family youth through the department of transportation,".

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

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

The motion prevailed.

Senate Bill No. 234, entitled

A bill to make appropriations for the departments of attorney general, civil rights, civil service, management and budget, state, and treasury, the executive office, and the legislative branch for the fiscal year ending September 30, 2002; to provide for the expenditure of these appropriations; to provide for the funding of certain work projects; to provide for the imposition of certain fees; to establish or continue certain funds, programs, and categories; to transfer certain funds; to prescribe certain requirements for bidding on state contracts; to provide for disposition of year-end balances for the fiscal year ending September 30, 2002; to prescribe the powers and duties of certain principal executive departments and state agencies, officials, and employees; and to provide for the disposition of fees and other income received by the various principal executive departments 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. Gosselin moved to amend the bill as follows:

1. Amend page 39, following line 20, by inserting:

"Sec. 215. All departments shall adhere to the privacy policy adopted under section 715(7).".

2. Amend page 60, following line 27, by inserting:

"(9) The e-Michigan office shall provide a report to the legislature enumerating each department and its respective division or agency main homepage websites.".

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

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

1. Amend page 62, following line 5, by inserting:

"Sec. 719. From the funds appropriated in part 1 to the department of management and budget, statewide administrative services, priorities of the department shall be to retain leased or purchased noninstitutional facilities and to locate new leased or purchased noninstitutional facilities in city centers or core areas.".

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

Rep. Kooiman moved to amend the bill as follows:

1. Amend page 62, following line 5, following section 719, by inserting:

"Sec. 720. In managing the state's fleet of vehicles, the department shall give high priority to purchasing fuel efficient vehicles for the use of state employees during the course of doing their jobs.".

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

Rep. Middaugh moved to amend the bill as follows:

1. Amend page 23, following line 2, by inserting:

"Qualified voter file reimbursement to municipalities $ 236,000"

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

2. Amend page 71, following line 17, by inserting:

"Sec. 824. The appropriation in part 1 to the department of state for the qualified voter file includes $236,000.00 to reimburse municipalities with voting populations between 3,000 and 5,000 for qualified voter file systems purchased prior to fiscal year 2000-2001. No municipality may receive a reimbursement greater than $2,050.00.".

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

Rep. Mortimer moved to amend the bill as follows:

1. Amend page 71, following line 17, by inserting:

"Sec. 824. The department shall reimburse municipalities with voting populations over 5,000 in any calendar year for qualified voter file systems, subject to the appropriations of funds to the department by the legislature for this purpose.".

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

Rep. Pappageorge moved to amend the bill as follows:

1. Amend page 10, following line 9, by inserting:

"Sec. 105a. DEPARTMENT OF HISTORY, ARTS, AND CULTURE

(1) APPROPRIATION SUMMARY:

Full-time equated unclassified positions 0.0

Full-time equated classified positions 5.0

GROSS APPROPRIATION $ 600

Interdepartmental grant revenues:

Total interdepartmental grants and intradepartmental transfers 0

ADJUSTED GROSS APPROPRIATION $ 600

Federal revenues:

Total federal revenues 0

Special revenue funds:

Total local revenues 0

Total private revenues 0

Total other state restricted revenues 0

State general fund/general purpose $ 600

(2) DEPARTMENT PROGRAMS

Full-time equated classified positions 5.0

Administration--1.0 FTE position $ 100

Mackinac Island state park commission--1.0 FTE position 100

Council for arts and cultural affairs--1.0 FTE position 100

Arts and cultural grants 100

Office of film and television services--1.0 FTE position 100

Michigan historical commission and historical center--1.0 FTE position 100

GROSS APPROPRIATION $ 600

Appropriated from:

State general fund/general purpose $ 600

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

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

Rep. Whitmer moved to amend the bill as follows:

1. Amend page 39, line 12, after "director" by striking out the balance of the sentence and inserting a period.

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

Rep. Whitmer moved to amend the bill as follows:

1. Amend page 62, following line 5, following section 720, by inserting:

"Sec. 721. The department of management and budget shall maintain an Internet website that contains notice of all invitations for bids and requests for proposals over $50,000.00 issued by the department or by any state agency operating under delegated authority. The department shall not accept an invitation for bid or request for proposal in less than 14 days after the notice is made available on the Internet website, except in situations where it would be in the best interest of the state and documented by the department. In addition to the requirements of this section, the department may advertise the invitations for bids and requests for proposals in any manner the department determines appropriate, in order to give the greatest number of individuals and businesses the opportunity to make bids or requests for proposals.".

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

Rep. Whitmer moved to amend the bill as follows:

1. Amend page 60, following line 27, following subsection (9), by inserting:

"(10) The e-Michigan office Internet portal shall be hosted and maintained by a firm located in the state of Michigan.".

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

______

Rep. Vander Roest moved that Reps. Gilbert, Godchaux and Bisbee be excused temporarily from today's session.

The motion prevailed.

Rep. Anderson moved that Rep. Plakas be excused temporarily from today's session.

The motion prevailed.

Rep. Waters moved to amend the bill as follows:

1. Amend page 22, line 26, by striking out "2,949,600" and inserting "2,999,600" and adjusting the subtotals, totals, and section 201 accordingly.

2. Amend page 71, following line 17, following section 824, by inserting:

"Sec. 825. From the funds appropriated in part 1, the secretary of state, in cooperation with local clerks, shall develop and implement neighborhood voter education seminars, mailings to voters providing instruction in the use of voting equipment and a toll-free telephone line to answer pre-election questions.".

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

Rep. Waters demanded the yeas and nays.

The demand was supported.

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

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

Roll Call No. 221 Yeas--47

Adamini Frank Mans Sheltrown

Anderson Garza Minore Spade

Basham Gieleghem Murphy Stallworth

Bernero Hale Neumann Switalski

Bogardus Hansen O'Neil Thomas

Bovin Jacobs Pestka Waters

Brown, B. Jamnick Phillips Whitmer

Brown, R. Kilpatrick Quarles Williams

Callahan Kolb Reeves Wojno

Clark, I. Lemmons Rison Woodward

Clarke, H. Lipsey Rivet Zelenko

Dennis Lockwood Schauer

Nays--52

Allen Gosselin Mead Scranton

Birkholz Hager Meyer Shackleton

Bishop Howell Middaugh Shulman

Bradstreet Jansen Mortimer Stamas

Brown, C. Jelinek Newell Stewart

Cassis Johnson, Rick Pappageorge Tabor

Caul Johnson, Ruth Patterson Toy

DeRossett Julian Pumford Van Woerkom

DeWeese Koetje Raczkowski Vander Roest

Drolet Kooiman Richardville Vander Veen

Ehardt Kowall Richner Vear

Faunce Kuipers Rocca Voorhees

George LaSata Sanborn Woronchak

In The Chair: Julian

______

Rep. Lipsey moved that Rep. Williams be excused temporarily from today's session.

The motion prevailed.

Rep. Frank moved to amend the bill as follows:

1. Amend page 62, following line 5, following section 721, by inserting:

"Sec. 722. The department of management and budget shall have all public university property independently appraised on a best use basis.".

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. 222 Yeas--46

Adamini Frank Mans Schauer

Anderson Garza Minore Sheltrown

Basham Gieleghem Murphy Spade

Bernero Hale Neumann Stallworth

Bovin Hansen O'Neil Switalski

Brown, B. Jacobs Pestka Thomas

Brown, R. Jamnick Phillips Waters

Callahan Kilpatrick Quarles Whitmer

Clark, I. Kolb Reeves Wojno

Clarke, H. Lemmons Rison Woodward

Daniels Lipsey Rivet Zelenko

Dennis Lockwood

Nays--55

Allen George LaSata Scranton

Birkholz Gosselin Mead Shackleton

Bisbee Hager Meyer Shulman

Bishop Hart Middaugh Stamas

Bogardus Howell Mortimer Stewart

Bradstreet Jansen Newell Tabor

Brown, C. Jelinek Pappageorge Toy

Cassis Johnson, Rick Patterson Van Woerkom

Caul Johnson, Ruth Pumford Vander Roest

DeRossett Julian Raczkowski Vander Veen

DeWeese Koetje Richardville Vear

Drolet Kooiman Richner Voorhees

Ehardt Kowall Rocca Woronchak

Faunce Kuipers Sanborn

In The Chair: Julian

Rep. Frank moved to amend the bill as follows:

1. Amend page 62, following line 5, following section 721, by inserting:

"Sec. 722. The department of management and budget shall conduct a feasibility study regarding the independent appraisal process for all public university property, and whether property is always appraised on a best use basis.".

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. 223 Yeas--49

Adamini Garza Minore Schermesser

Anderson Gieleghem Murphy Sheltrown

Basham Hale Neumann Spade

Bernero Hansen O'Neil Stallworth

Bogardus Jacobs Pestka Switalski

Bovin Jamnick Phillips Thomas

Brown, B. Kilpatrick Plakas Waters

Brown, R. Kolb Quarles Whitmer

Callahan Lemmons Reeves Williams

Clarke, H. Lipsey Rison Wojno

Daniels Lockwood Rivet Woodward

Dennis Mans Schauer Zelenko

Frank

Nays--53

Allen Gosselin LaSata Scranton

Birkholz Hager Mead Shackleton

Bisbee Hart Meyer Shulman

Bishop Howell Middaugh Stamas

Bradstreet Jansen Mortimer Stewart

Brown, C. Jelinek Newell Tabor

Cassis Johnson, Rick Pappageorge Toy

Caul Johnson, Ruth Patterson Van Woerkom

DeRossett Julian Pumford Vander Roest

DeWeese Koetje Raczkowski Vander Veen

Drolet Kooiman Richardville Vear

Ehardt Kowall Rocca Voorhees

Faunce Kuipers Sanborn Woronchak

George

In The Chair: Julian

Rep. Frank moved to amend the bill as follows:

1. Amend page 62, following line 5, following section 721, by inserting:

"Sec. 722. (1) From the funds appropriated in part 1 to the department of management and budget, office of children's ombudsman, the ombudsman shall submit a report on all of the following:

(a) Pursuant to section 4(2) of 1994 PA 204, the criteria used to determine the processing of complaints, the conducting of investigations, the holding of hearings, and the reporting of findings which result from investigations.

(b) Pursuant to section 6(b) of 1994 PA 204, the criteria used to determine whether to investigate a complaint.

(c) Pursuant to section 7(3) of 1994 PA 204, the criteria used to determine whether to advise a complainant to pursue all administrative remedies or channels of complaint open to the complainant before pursuing a complaint with the ombudsman.

(2) The report shall be submitted by April 1 to the senate and house of representatives standing committees on appropriations, senate and house of representatives standing committees on appropriations subcommittees on general government, and senate and house fiscal agencies.

(3) Pursuant to section 10(5) of 1994 PA 204, the ombudsman shall submit to the governor, the director of the department, and the legislature an annual report on activities conducted by the ombudsman, to include any recommendations regarding the need for legislation or for change in rules or policies.".

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 43, following line 15, by inserting:

"Sec. 403. (1) The commission on pay equity is created in the Michigan department of civil rights and is responsible for the development of definitions of comparable wages, using the criteria established in this section.

(2) The governor shall appoint the members of the commission on pay equity. The commission is composed of the following members:

(a) The director of the Michigan department of civil rights or his or her designee.

(b) The director of the Michigan jobs commission or his or her designee.

(d) A representative of the Michigan chamber of commerce.

(e) A representative of the Michigan AFL-CIO.

(f) A representative of the united auto workers.

(g) A representative of the Michigan small business association.

(h) A representative of the national organization for women, Michigan.

(i) A representative of the Michigan women's studies association.

(3) The director of the Michigan department of civil rights or his or her designee shall serve as the chairperson of the commission on pay equity and has responsibility for convening the meetings of the commission, setting the agenda for all meetings, and preparing all minutes and reports of the work of the commission.

(4) The commission on pay equity shall hold meetings and hearings as necessary to develop definitions, models, and guidelines for employers and employees on pay equity.

(5) The commission on pay equity shall present its findings and recommendations to the legislature, the governor, and the public by a date not later than 1 year after the governor appoints its members.

(6) All meetings of the commission on pay equity are subject to the open meetings act, 1976 PA 267, MCL 15.261 to 15.275. Information held by the commission is subject to disclosure under the freedom of information act, 1976 PA 442, MCL 15.231 to 15.246.

(7) As used in this section:

(a) "Compensation" means all earnings of an employee, including wages and benefits, whether determined on the basis of time, task, piece, commission, or other method of calculation for labor, services, or work performed.

(b) "Pay equity" means equal compensation for work of comparable value in terms of the composite skill, responsibility, effort, hours worked, experience, seniority, education or training, and working conditions because of religion, race, color, national origin, age, sex, height, weight, or marital status.".

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. 224 Yeas--48

Adamini Dennis Minore Schermesser

Anderson Gieleghem Murphy Sheltrown

Basham Hale Neumann Spade

Bernero Hansen O'Neil Switalski

Bogardus Jacobs Pestka Thomas

Bovin Jamnick Phillips Waters

Brown, B. Kilpatrick Plakas Whitmer

Brown, R. Kolb Quarles Williams

Callahan Lemmons Reeves Wojno

Clark, I. Lipsey Rison Woodward

Clarke, H. Lockwood Rivet Woronchak

Daniels Mans Schauer Zelenko

Nays--52

Allen George Kuipers Rocca

Birkholz Gosselin LaSata Sanborn

Bisbee Hager Mead Scranton

Bishop Hart Meyer Shackleton

Bradstreet Howell Middaugh Shulman

Brown, C. Jansen Mortimer Stamas

Cassis Jelinek Newell Stewart

Caul Johnson, Rick Pappageorge Toy

DeRossett Johnson, Ruth Patterson Van Woerkom

DeWeese Julian Pumford Vander Roest

Drolet Koetje Raczkowski Vander Veen

Ehardt Kooiman Richardville Vear

Faunce Kowall Richner Voorhees

In The Chair: Julian

______

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

The motion prevailed.

Rep. Waters moved to amend the bill as follows:

1. Amend page 71, following line 17, following section 824, by inserting:

"Sec. 825. (1) From the funds appropriated in part 1, beginning July 1, 2001, a bipartisan uniform voting system task force shall examine all options and shall select a uniform voting system for this state no later than December 31, 2001. The uniform voting system selected shall be a voting system that is approved by the board of state canvassers.

(2) The uniform voting system task force shall consist of 17 members representing the following interests:

(a) Two members shall be state senators representing the republican party.

(b) Two members shall be state senators representing the democratic party.

(d) Two members shall be state representatives representing the democratic party.

(e) Two members shall be from the secretary of state. One member shall be the director of the bureau of elections or his or her designee.

(f) Two members shall be from the county clerks association. One member shall represent a jurisdiction in an urban area and 1 member shall represent a jurisdiction in a rural area.

(g) Two members shall be from the municipal clerks association. One member shall represent a jurisdiction in an urban area and 1 member shall represent a jurisdiction in a rural area.

(h) Three members shall be from the general public appointed by the secretary of state from a list of names submitted by interested persons. Two members shall represent jurisdictions in an urban area, and 1 member shall represent a jurisdiction in a rural area.

(3) The uniform voting system task force shall do all of the following:

(a) Conduct public hearings to take testimony from local clerks, voters, and other concerned citizens about the problems, strengths, preferences, recommendations, and other issues regarding various voting systems.

(b) Review information about various voting systems provided by the secretary of state, vendors of voting systems, board of state canvassers, and other interested persons.

(c) Obtain and review material about the type of voting systems utilized by other states, including recommendations for changes.

(d) Select a voting system for use in this state.

(e) Report to the legislature by January 31, 2002 the recommendations of the uniform voting system task force.

(4) Beginning May 30, 2002, each voting precinct in this state shall use the uniform voting system. If the particular model is a model approved by the board of state canvassers, a county, city, or township may select a particular model of the uniform voting system for use in that county, city, or township.

(5) Before an election at which a voting machine is to be used, the board of election commissioners of the county, city, village, township, or school district shall have the voting system prepared for the election, including full testing of the voting system not less than 1 week before the election.".

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

Rep. Waters demanded the yeas and nays.

The demand was supported.

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

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

Roll Call No. 225 Yeas--48

Adamini Dennis Lockwood Schauer

Anderson Frank Mans Schermesser

Basham Garza Minore Sheltrown

Bernero Gieleghem Murphy Spade

Bogardus Hale Neumann Switalski

Bovin Hansen O'Neil Thomas

Brown, B. Jacobs Phillips Waters

Brown, R. Jamnick Plakas Whitmer

Callahan Kilpatrick Quarles Williams

Clark, I. Kolb Reeves Wojno

Clarke, H. Lemmons Rison Woodward

Daniels Lipsey Rivet Zelenko

Nays--51

Allen George Kuipers Scranton

Birkholz Gosselin LaSata Shackleton

Bisbee Hager Mead Shulman

Bishop Hart Meyer Stamas

Bradstreet Howell Middaugh Stewart

Brown, C. Jansen Mortimer Toy

Cassis Jelinek Newell Van Woerkom

Caul Johnson, Rick Pappageorge Vander Roest

DeRossett Johnson, Ruth Patterson Vander Veen

DeWeese Julian Pumford Vear

Drolet Koetje Richardville Voorhees

Ehardt Kooiman Rocca Woronchak

Faunce Kowall Sanborn

In The Chair: Julian

______

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

The motion prevailed.

Rep. Reeves moved to amend the bill as follows:

1. Amend page 14, line 7, by striking out "14,350,800" and inserting "14,350,700" and adjusting the subtotals, totals, and section 201 accordingly.

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

Rep. Reeves demanded the yeas and nays.

The demand was supported.

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

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

Roll Call No. 226 Yeas--48

Adamini Dennis Lockwood Schauer

Anderson Frank Mans Schermesser

Basham Garza Minore Sheltrown

Bernero Gieleghem Neumann Spade

Bogardus Hale O'Neil Switalski

Bovin Hansen Pestka Thomas

Brown, B. Jacobs Phillips Waters

Brown, R. Jamnick Plakas Whitmer

Callahan Kilpatrick Quarles Williams

Clark, I. Kolb Reeves Wojno

Clarke, H. Lemmons Rison Woodward

Daniels Lipsey Rivet Zelenko

Nays--53

Allen Gosselin LaSata Sanborn

Birkholz Hager Mead Scranton

Bisbee Hart Meyer Shackleton

Bishop Howell Middaugh Shulman

Bradstreet Jansen Mortimer Stamas

Brown, C. Jelinek Newell Stewart

Cassis Johnson, Rick Pappageorge Toy

Caul Johnson, Ruth Patterson Van Woerkom

DeRossett Julian Pumford Vander Roest

DeVuyst Koetje Raczkowski Vander Veen

DeWeese Kooiman Richardville Vear

Drolet Kowall Richner Voorhees

Faunce Kuipers Rocca Woronchak

George

In The Chair: Julian

Rep. Whitmer moved to amend the bill as follows:

1. Amend page 60, following line 27, following subsection (10), by inserting:

"(11) The e-Michigan office shall adhere to the following website advertising protocol:

(a) Limit the number of ads that appear on a given page.

(b) Select only advertisers whose products and services may be lawfully purchased by individuals of all ages.

(c) Limit advertising to products and services that are offered without regard to the race, color, creed, gender, or religious affiliation of the purchaser.

(d) Do not contract for any advertisement relating to pornography, alcohol, or tobacco products.

(e) Utilize internal appropriateness standards to ensure that advertising placed on any website is compatible with the integrity of the website.

(f) Clearly state on all websites which contain advertisements that the presence of any advertisements does not express or imply an endorsement by the state or agency.".

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

Rep. Thomas moved to amend the bill as follows:

1. Amend page 71, following line 17, following section 824, by inserting:

"Sec. 825. The department of state shall report to the house of representatives and senate on the status of the freedom trail commission created pursuant to 1998 PA 409, including its activities.".

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. 227 Yeas--105

Adamini Frank Lockwood Schauer

Allen Garza Mans Schermesser

Anderson George Mead Scranton

Basham Gieleghem Meyer Shackleton

Bernero Gilbert Middaugh Sheltrown

Birkholz Hager Minore Shulman

Bisbee Hale Mortimer Spade

Bishop Hansen Murphy Stallworth

Bogardus Hart Neumann Stamas

Bovin Howell Newell Stewart

Bradstreet Jacobs O'Neil Switalski

Brown, B. Jamnick Pappageorge Tabor

Brown, C. Jansen Patterson Thomas

Brown, R. Jelinek Pestka Toy

Callahan Johnson, Rick Phillips Van Woerkom

Cassis Johnson, Ruth Plakas Vander Roest

Caul Julian Pumford Vander Veen

Clark, I. Kilpatrick Quarles Vear

Clarke, H. Koetje Raczkowski Voorhees

Daniels Kolb Reeves Waters

Dennis Kooiman Richardville Whitmer

DeRossett Kowall Richner Williams

DeVuyst Kuipers Rison Wojno

DeWeese LaSata Rivet Woodward

Drolet Lemmons Rocca Woronchak

Ehardt Lipsey Sanborn Zelenko

Faunce

Nays--0

In The Chair: Julian

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

The motion prevailed.

Senate Bill No. 239, entitled

A bill to make appropriations for the state transportation department and certain transportation purposes for the fiscal year ending September 30, 2002; to provide for the imposition of fees; to provide for reports; to create certain funds and programs; to prescribe requirements for certain railroad and bus facilities; to prescribe certain powers and duties of certain state departments and officials and local units of government; and to provide for the expenditure of the appropriations.

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

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

Rep. Caul moved to amend the bill as follows:

1. Amend page 25, following line 9, by inserting:

"Sec. 338. It is the intent of the legislature that the department, in cooperation with the department of management and budget, determine the feasibility of converting state-owned vehicles under their jurisdiction to operate on synthetic fuels. The department is authorized to utilize such synthetic fueled vehicles on an experimental basis. If, as a result of the experimentation, the department determines that this is a sufficient and assured supply of synthetic fueled vehicles which can be used at a reasonable cost, the department shall submit to the legislature a plan for converting their fleet of vehicles to this type of vehicle. This report should be submitted to the legislature by the end of fiscal year 2003.".

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

Rep. Richardville moved to amend the bill as follows:

1. Amend page 25, following line 9, following section 338, by inserting:

"Sec. 339. The department shall prepare a report of existing park-n-ride commuter lots and determine which locations are in need of expansion. The department shall also identify areas that do not have a park-n-ride commuter lot, but are in need of a commuter lot, as part of the report. This report shall be submitted to the appropriations committees of the house of representatives and senate by the end of fiscal year 2002.".

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

Reps. Sanborn and Faunce moved to amend the bill as follows:

1. Amend page 8, line 4, by striking out "5,750,100" and inserting "8,750,100".

2. Amend page 8, line 17, by striking out "0" and inserting "3,000,000" and adjusting the subtotals, totals, and section 201 accordingly.

3. Amend page 25, following line 9, following section 339, by inserting:

"Sec. 340. From the funds appropriated in section 110 for critical bridge programs, $3,000,000.00 in general fund dollars is to be distributed to any county that has identified at least 60 bridge structures that are closed or have weight restrictions limiting or prohibiting emergency vehicles from crossing and that has committed at least $29,000,000.00 of local funds for the repair or replacement of at least 3/4 of the structures. These funds are not available for expenditure unless there is a fiscal year 2001 year-end balance in the general fund.".

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

Rep. Patterson moved to amend the bill as follows:

1. Amend page 25, following line 9, following section 340, by inserting:

"Sec. 341. The department shall consider as a priority project the completion of the reconstruction of Michigan Avenue between I-275 and Denton Road in fiscal year 2002.".

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

Rep. Kilpatrick moved to amend the bill as follows:

1. Amend page 41, following line 24, by inserting:

"Sec. 719. From the funds appropriated in section 116 for rail passenger service, $1,510,000.00 shall be appropriated to provide a 20% match for federal funds for capital improvements to facilitate a Lansing to Detroit rail passenger service. This is a 1-time appropriation for community outreach, preliminary engineering, environmental clearance, and design plans only and no funds from this appropriation shall be used for operating assistance on a Lansing to Detroit rail service. This appropriation is not to be construed as a commitment of operating funds by the legislature. It is the intent of the legislature that funds for ongoing operating costs of a Lansing to Detroit rail service be provided by local units of government within the Lansing to Detroit rail service area. Funds not expended for preliminary engineering, environmental clearance, and design plans shall be returned to the fund from which the appropriation was made.".

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

Rep. Stallworth moved to amend the bill as follows:

1. Amend page 25, following line 9, following section 340, by inserting:

"Sec. 341. (1) The department shall work with local road agencies that receive funding under this act to ensure that those agencies comply with state and federal equal employment opportunity statutes and shall monitor agencies that are determined to be in noncompliance. The department shall assist local road agencies judged to be in noncompliance with state and federal equal employment opportunity statutes in developing a corrective action plan.

(2) The department shall work to ensure that construction and maintenance contract awards conform to annual Disadvantaged Business Enterprise (DBE) goals. The department shall report on the activities of the Disadvantaged Business Enterprise (DBE) program including, but not limited to, expenditure goals and actual expenditure by Disadvantaged Business Enterprise (DBE) category and subcategory. The report shall be submitted to the house of representatives and senate appropriations subcommittees on transportation and to the house and senate fiscal agencies by April 15, 2002.

(3) The department shall work to coordinate a meeting prior to the annual construction season between the road construction industry and the Michigan Minority Business Development Council.".

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

Rep. Stallworth moved to amend the bill as follows:

1. Amend page 10, line 4, by striking out "$157,581,500" and inserting "$182,581,500".

2. Amend page 10, following line 12, by inserting:

"Countercyclical Budget and Economic Stabilization Fund 25,000,000"

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

3. Amend page 41, following line 24, following section 719, by inserting:

"Sec. 720. The appropriation of $25,000,000.00 from the countercyclical and budget stabilization fund for local bus operating in section 115 is to restore funds for public transportation which were diverted for road and bridge projects in the 1997-98 fiscal year.".

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

Rep. Stallworth demanded the yeas and nays.

The demand was supported.

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

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

Roll Call No. 228 Yeas--49

Adamini Frank Minore Sheltrown

Anderson Garza Murphy Spade

Basham Gieleghem Neumann Stallworth

Bernero Hale Pestka Switalski

Bogardus Hansen Phillips Thomas

Bovin Jacobs Plakas Waters

Brown, B. Jamnick Quarles Whitmer

Brown, R. Kolb Reeves Williams

Callahan Lemmons Rison Wojno

Clark, I. Lipsey Rivet Woodward

Clarke, H. Lockwood Schauer Woronchak

Daniels Mans Schermesser Zelenko

Dennis

Nays--55

Allen George Kuipers Sanborn

Birkholz Gilbert LaSata Scranton

Bisbee Gosselin Mead Shackleton

Bishop Hager Meyer Shulman

Bradstreet Hart Middaugh Stamas

Brown, C. Howell Mortimer Stewart

Cassis Jansen Newell Tabor

Caul Jelinek Pappageorge Toy

DeRossett Johnson, Rick Patterson Van Woerkom

DeVuyst Johnson, Ruth Pumford Vander Roest

DeWeese Julian Raczkowski Vander Veen

Drolet Koetje Richardville Vear

Ehardt Kooiman Richner Voorhees

Faunce Kowall Rocca

In The Chair: Julian

Reps. Shackleton, Stallworth and Kooiman moved to amend the bill as follows:

1. Amend page 10, line 4, by striking out "157,581,500" and inserting "160,000,000".

2. Amend page 10, line 6, by striking out "166,481,500" and inserting "168,900,000" 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. Plakas moved to amend the bill as follows:

1. Amend page 11, line 12, by striking out "2,000,000" and inserting "2,500,000".

2. Amend page 12, line 1, by striking out "27,735,500" and inserting "28,235,500" and adjusting the subtotals, totals, and section 201 accordingly.

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

Rep. Plakas demanded the yeas and nays.

The demand was supported.

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

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

Roll Call No. 229 Yeas--51

Adamini Frank Minore Sheltrown

Anderson Garza Murphy Spade

Basham Gieleghem Neumann Stallworth

Bernero Hale O'Neil Switalski

Bogardus Hansen Pestka Thomas

Bovin Jacobs Phillips Waters

Brown, B. Jamnick Plakas Whitmer

Brown, R. Kilpatrick Quarles Williams

Callahan Kolb Reeves Wojno

Clark, I. Lemmons Rison Woodward

Clarke, H. Lipsey Rivet Woronchak

Daniels Lockwood Schauer Zelenko

Dennis Mans Schermesser

Nays--54

Allen George Kuipers Rocca

Birkholz Gilbert LaSata Sanborn

Bisbee Gosselin Mead Scranton

Bishop Hager Meyer Shackleton

Bradstreet Hart Middaugh Shulman

Brown, C. Howell Mortimer Stamas

Cassis Jansen Newell Stewart

Caul Jelinek Pappageorge Toy

DeRossett Johnson, Rick Patterson Van Woerkom

DeVuyst Johnson, Ruth Pumford Vander Roest

DeWeese Julian Raczkowski Vander Veen

Drolet Koetje Richardville Vear

Ehardt Kooiman Richner Voorhees

Faunce Kowall

In The Chair: Julian

Rep. Thomas moved to amend the bill as follows:

1. Amend page 41, following line 24, following section 719, by inserting:

"Sec. 720. It is the intent of the legislature that the comprehensive transportation fund receive a full 10% of gross Michigan transportation fund revenue.".

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

Roll Call No. 230 Yeas--51

Adamini Frank Minore Schermesser

Anderson Garza Murphy Sheltrown

Basham Gieleghem Neumann Spade

Bernero Hale O'Neil Stallworth

Bogardus Hansen Pestka Switalski

Bovin Jacobs Phillips Thomas

Brown, B. Jamnick Plakas Waters

Brown, R. Kilpatrick Quarles Whitmer

Callahan Kolb Raczkowski Williams

Clark, I. Lemmons Reeves Wojno

Clarke, H. Lipsey Rison Woodward

Daniels Lockwood Rivet Zelenko

Dennis Mans Schauer

Nays--55

Allen George Kuipers Scranton

Birkholz Gilbert LaSata Shackleton

Bisbee Gosselin Mead Shulman

Bishop Hager Meyer Stamas

Bradstreet Hart Middaugh Stewart

Brown, C. Howell Mortimer Tabor

Cassis Jansen Newell Toy

Caul Jelinek Pappageorge Van Woerkom

DeRossett Johnson, Rick Patterson Vander Roest

DeVuyst Johnson, Ruth Pumford Vander Veen

DeWeese Julian Richardville Vear

Drolet Koetje Richner Voorhees

Ehardt Kooiman Rocca Woronchak

Faunce Kowall Sanborn

In The Chair: Julian

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

1. Amend page 30, following line 27, by inserting:

"Sec. 506. The department shall work with the Oakland county road commission in the placement and installation of signs on the county's borders designating Oakland county as the home of automation alley. No state funds shall be expended for the purchase or maintenance of signs authorized under this section.".

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

Rep. Stallworth moved to amend the bill as follows:

1. Amend page 5, line 4, by striking out "2,982,700" and inserting "2,935,600".

2. Amend page 5, line 8, by striking out "3,514,700" and inserting "3,467,600".

3. Amend page 5, line 12, by striking out "27,817,600" and inserting "27,652,200".

4. Amend page 5, line 14, by striking out "2,478,700" and inserting "2,451,400".

5. Amend page 5, line 25, by striking out "37,437,400" and inserting "37,217,400".

6. Amend page 6, line 3, by striking out "21,032,500" and inserting "20,774,200".

7. Amend page 6, line 8, by striking out "19,917,200" and inserting "19,658,900".

8. Amend page 6, line 12, by striking out "28,943,900" and inserting "28,796,000".

9. Amend page 6, line 23, by striking out "4,445,100" and inserting "4,297,200".

10. Amend page 7, line 1, by striking out "35,251,500" and inserting "34,346,200".

11. Amend page 7, line 2, by striking out "7,034,400" and inserting "6,946,600".

12. Amend page 7, line 3, by striking out "38,498,500" and inserting "37,761,000".

13. Amend page 7, line 12, by striking out "71,487,400" and inserting "69,756,800".

14. Amend page 7, line 16, by striking out "108,434,400" and inserting "107,434,200".

15. Amend page 7, line 22, by striking out "226,903,200" and inserting "225,903,000".

16. Amend page 8, line 20, by striking out "10,316,500" and inserting "10,270,300".

17. Amend page 8, line 24, by striking out "10,316,500" and inserting "10,270,800" and adjusting the subtotals, totals, and section 201 accordingly.

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

Rep. Stallworth demanded the yeas and nays.

The demand was supported.

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

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

Roll Call No. 231 Yeas--46

Adamini Frank Lockwood Schauer

Anderson Garza Mans Schermesser

Basham Gieleghem Minore Sheltrown

Bernero Gosselin Murphy Stallworth

Bogardus Hale O'Neil Switalski

Bovin Hansen Phillips Thomas

Brown, R. Jacobs Plakas Waters

Callahan Jamnick Quarles Whitmer

Clark, I. Kilpatrick Reeves Williams

Clarke, H. Kolb Rison Woodward

Daniels Lemmons Rivet Zelenko

Drolet Lipsey

Nays--58

Allen Gilbert Meyer Scranton

Birkholz Hager Middaugh Shackleton

Bisbee Hart Mortimer Shulman

Bishop Howell Neumann Spade

Bradstreet Jansen Newell Stamas

Brown, B. Jelinek Pappageorge Stewart

Brown, C. Johnson, Rick Patterson Tabor

Cassis Johnson, Ruth Pestka Toy

Caul Julian Pumford Van Woerkom

DeRossett Koetje Raczkowski Vander Roest

DeVuyst Kooiman Richardville Vander Veen

DeWeese Kowall Richner Vear

Ehardt Kuipers Rocca Voorhees

Faunce LaSata Sanborn Woronchak

George Mead

In The Chair: Julian

Reps. Kilpatrick and Stallworth moved to amend the bill as follows:

1. Amend page 41, following line 24, following section 719, by inserting:

"Sec. 720. (1) The funds distributed in part 1 for local bus operating shall be contingent upon amendment of 1967 PA 204 for the purpose of coordination of public transportation services in Wayne, Oakland, and Macomb counties. The amendment shall require adoption and maintenance of a regional sales tax as the central funding mechanism for creation of a coordinated tri-county mass transportation network.

(2) Coordination is defined as:

(a) Abolishment of the regional transportation coordinating council (RTCC) and creation of the Detroit Area Regional Transportation Authority (DARTA) as the recipient of all federal, state, and local funds for public transit in the counties of Wayne, Oakland, and Macomb.

(b) Establishment of a 7 member board of governance structure whereby the governor shall have 1 appointee. The remaining appointees shall be apportioned between the city of Detroit, Wayne, Oakland and Macomb counties based on recorded ridership.

(c) At inception the mayor of the city of Detroit shall have 3 appointees. The county executives of Wayne and Oakland and the Macomb county commission chairman all have a single appointee.

(d) As both a fiduciary and operating board, the DARTA shall meet not less than once per week, with a quorum of 5 and a simple majority required for the official adoption of policy.

(e) The publishing of single tri-county scheduling of local, intermediate, and express service of all state funded public transit operations.

(f) Implementation of coordinated dispatch and mobile repair service for all state funded public transit operations.

(g) Adoption of ballot proposal language for a 1% or "one cent" tri-county sales tax increase earmarked for coordinated tri-county public transit.

(h) Adoption of ballot proposal language that eliminates property tax support for SMART and city of Detroit general fund support for D-DOT upon taxpayer approval of the 1% or "one cent" tri-county sales tax increase.

(i) Development of a house-to-house tri-county specialized or paratransit plan to service the elderly and disabled.".

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

Rep. Stallworth moved to amend the bill as follows:

1. Amend page 30, following line 27, following section 506, by inserting:

"Sec. 507. (1) If as of July 15, 2002, the general funds are available, the Michigan transportation fund shall be increased by $100,000,000.00 to replace funds for road and highway maintenance performed by counties which was used to fund motor carrier sales tax credits.

(2) If as of March 15, 2002, the general funds are available, the Michigan transportation fund shall be increased by $25,000,000.00 to replace funds for road and highway maintenance performed by counties which was used to fund motor carrier diesel tax credits.".

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

Rep. Kilpatrick moved to reconsider the vote by which the House adopted the amendment offered previously by Reps. Kilpatrick and Stallworth.

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

The question being on the adoption of the amendment offered previously by Reps. Kilpatrick and Stallworth,

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

The motion prevailed.

Rep. Kooiman moved to amend the bill as follows:

1. Amend page 25, following line 9, following section 341, by inserting:

"Sec. 342. The department shall report to the legislature on its efforts to minimize traffic congestion and other traffic disruptions during construction projects through the use of alternative work schedules, accelerated work schedules, and incentive/disincentive contracts. The department shall submit the report to the house of representatives and senate appropriations subcommittees on transportation and to the house and senate fiscal agencies by April 15, 2002.".

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

Reps. George and Switalski moved to amend the bill as follows:

1. Amend page 7, line 26, by striking out "982,219,100" and inserting "976,219,100".

2. Amend page 8, line 1, by striking out "231,111,800" and inserting "213,111,800".

3. Amend page 8, line 4, by striking out "8,750,100" and inserting "32,750,100".

4. Amend page 27, following line 15, by inserting:

"Sec. 405. Of the funds appropriated in section 110 for the critical bridge program, $24,000,000.00 in federal highway bridge replacement and rehabilitation program funds are allocated to the critical bridge fund for the purpose of repairing or replacing bridges in the local off-system categories and local on-system categories. These funds shall be excluded from calculation of funding allocated to programs administered by local jurisdictions required in section 402.".

The question being on the adoption of the amendments offered by Reps. George and Switalski,

Rep. George demanded the yeas and nays.

The demand was supported.

The question being on the adoption of the amendments offered by Reps. George and Switalski,

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

Roll Call No. 232 Yeas--103

Adamini Faunce Lemmons Schauer

Allen Frank Lipsey Schermesser

Anderson Garza Lockwood Scranton

Basham George Mans Shackleton

Bernero Gieleghem Mead Sheltrown

Birkholz Gilbert Meyer Shulman

Bisbee Gosselin Middaugh Spade

Bishop Hager Minore Stamas

Bogardus Hale Mortimer Stewart

Bovin Hansen Murphy Switalski

Bradstreet Hart Neumann Tabor

Brown, B. Howell Newell Thomas

Brown, C. Jacobs O'Neil Toy

Brown, R. Jamnick Pappageorge Van Woerkom

Callahan Jansen Patterson Vander Roest

Cassis Jelinek Pestka Vander Veen

Caul Johnson, Rick Phillips Vear

Clark, I. Johnson, Ruth Plakas Voorhees

Clarke, H. Julian Pumford Waters

Daniels Kilpatrick Raczkowski Whitmer

Dennis Koetje Richardville Williams

DeRossett Kolb Richner Wojno

DeVuyst Kooiman Rison Woodward

DeWeese Kowall Rivet Woronchak

Drolet Kuipers Rocca Zelenko

Ehardt LaSata Sanborn

Nays--0

In The Chair: Julian

Rep. Stallworth moved to amend the bill as follows:

1. Amend page 30, following line 27, following section 506, by inserting:

"Sec. 507. The appropriation for the MTF grant to the department of state in section 103 shall be limited to the lessor of $55,814,100 or 5% of revenues collected for the MTF by the department of state. The department and the department of state and shall report by March 1, 2002 to the house of representatives and senate appropriations subcommittees on transportation and to the house and senate fiscal agencies on the application of this section.".

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

Rep. Stallworth moved to amend the bill as follows:

1. Amend page 41, following line 24, following section 720, by inserting:

"Sec. 721. The department shall report on the status of intermodal transportation studies funded from appropriations under this act by September 30, 2002. The status report and copies of completed intermodal studies shall be submitted to the house of representatives and senate appropriations subcommittees on transportation and to the house and senate fiscal agencies.".

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

Reps. Stallworth and Shackleton moved to amend the bill as follows:

1. Amend page 41, following line 24, following section 721, by inserting:

"Sec. 722. The department shall develop a statewide plan for maritime development and investments including port development and promotion and marketing of passenger and freight service on the Great Lakes.".

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

Rep. Allen moved to amend the bill as follows:

1. Amend page 25, following line 9, following section 342, by inserting:

"Sec. 343. The department shall allow pavement marking vehicles under contract with a local, county, or state government to operate up to 20% per axle over the posted weight restrictions without obtaining an overweight permit. This section shall apply only if the tires on each vehicle are sufficient to maintain the weight load over the posted weight restrictions limit.".

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

Rep. Stallworth moved to amend the bill as follows:

1. Amend page 25, following line 9, following section 343, by inserting:

"Sec. 344. The department shall report to the legislature on its efforts to improve the timeliness of payments to construction contractors on department administered construction contracts. The department shall submit the report to the house of representatives and senate appropriations subcommittees on transportation and to the house and senate fiscal agencies by April 15, 2002.".

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

Rep. Stallworth moved to amend the bill as follows:

1. Amend page 25, following line 9, following section 344, by inserting:

"Sec. 345. The department shall review its contractor payment process and use its best efforts to ensure that all prime contractors are paid promptly. The department shall not reduce a contractors prequalification rating when the contractor did not receive prompt and timely payments on contracted work from the department or, if working as a subcontractor, from the prime contractor.".

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

Rep. Basham moved to amend the bill as follows:

1. Amend page 25, following line 9, following section 345, by inserting:

"Sec. 346. The department shall work with the federal highway administration to facilitate construction of a rail grade separation between the CSX railroad and Pennsylvania Road in the city of Romulus in Wayne county.".

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

Rep. Basham moved to amend the bill as follows:

1. Amend page 25, following line 9, following section 345, by inserting:

"Sec. 346. Upon agreement by a county and local governing unit to equally share costs, cities and villages may use local road maintenance funds to provide a match for federal funds for rail grade separation projects.".

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

Rep. Patterson moved that consideration of the bill be postpone for the day.

The motion prevailed.

______

Rep. Patterson moved that House Committees be given leave to meet during the balance of today's session.

The motion prevailed.

By unanimous consent the House returned to the order of

Motions and Resolutions

Reps. Kowall, Neumann, Julian, Voorhees, Kuipers, Mead, Toy, Richardville, Vander Roest, Van Woerkom,
Vander Veen, Pappageorge, Lemmons, Woodward, Jacobs, DeRossett, Howell, Gosselin, Stewart, Spade, Hansen, Lipsey, Raczkowski, Koetje, Ehardt, Zelenko, Jamnick, Shulman, Vear, Bishop, Shackleton, Faunce, Adamini, Kilpatrick, Birkholz and Rich Brown offered the following resolution:

House Resolution No. 135.

A resolution honoring Nicholas Chilenko.

Whereas, It is with great pleasure that we commend Nicholas Chilenko, a 13-year old web developer, as the newest and youngest member of Automation Alley, one of America's premier technology clusters. This renown Oakland county resident represents the best of what our younger generation has to offer as they prepare to become our future leaders; and

Whereas, An excellent student at White Lake Middle School, this seventh grader has maintained a 3.8 grade point average. He has also garnered numerous honors including an award presented by the Huron Valley School district for supporting staff and students in White Lake Middle School's computer program. In addition to his academic accomplishments, Nick enjoys several hobbies including golf and listening to music; and

Whereas, At the age of 10, Nicholas Chilenko created his first web page, and eventually assumed responsibility for the website of his father's company, United Vacuum, located in Orchard Lake and Waterford. His reputation as a skilled web developer quickly spread and it wasn't too long before he was lining up customers; and

Whereas, This young entrepreneur owns and operates Fynite Web Development Company, which has a client roster of 14 companies and two employees. Due to his business booming, Nick recently hired a 15-year old graphics designer and a 17-year old projects manager; and

Whereas, Nicholas Chilenko is a fine example of the young people who will take us into the future. His initiative, drive, and creative spirit represents the strong qualities we need in our business community and what our country needs to be globally competitive; now, therefore, be it

Resolved by the House of Representatives, That the members of this legislative body honor the business skills and technological talents of Nicholas Chilenko as a role model for a new generation of young entrepreneurs. We applaud his outstanding record of achievement and extend our best wishes for continued success and happiness in all future endeavors; and be it further

Resolved, That a copy of this resolution be transmitted to Nicholas Chilenko as a token of our esteem.

Pending the reference of the resolution to a committee,

Rep. Patterson 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. Richardville, Adamini, Rich Brown, Ehardt, Gieleghem, Julian, Raczkowski, Bishop, LaSata, Hager, Meyer, Allen, Mortimer, Vander Roest, Jelinek, Sanborn, Neumann, Voorhees, Kuipers, Mead, Toy, Sheltrown, Van Woerkom, Vander Veen, Pappageorge, Woodward, Jacobs, Howell, Stewart, Hansen, Lipsey, Caul, Shulman, Vear and Birkholz offered the following resolution:

House Resolution No. 136.

A resolution to memorialize the President and the Congress of the United States to work for the admission of Latvia into NATO.

Whereas, Since its founding in the wake of World War II, NATO has been an important force in bringing peace, stability, and partnership to the member nations. In addition to its role to work for the security of an area of the world racked by the horrors of wars, NATO has promoted the growth of democracy and accountability that are vital to the well-being not only of the individual countries, but also the future of Europe and much of the world; and

Whereas, Since the restoration of its independence in 1991, Latvia has been a leader among former Iron Curtain countries in developing democratic institutions and fostering a free-market economy. Latvia has already proven its commitment to the ideals of NATO through its work in a host of world and trade organizations; and

Whereas, Latvia has a long and distinguished record of leadership among the Baltic nations. Hundreds of years ago, it was a key member of the Hanseatic League, and Latvia has remained a strategic trading partner with its European neighbors throughout history. From the ruins of World War I, it developed a vibrant economy with democratic principles; and

Whereas, Latvia is strongly committed to NATO's defense priorities. Further, it has set in place prudent monetary and social policies well in keeping with those of other eastern European nations that have recently become part of NATO. Opening the doors of welcome to Latvia will expand the breadth of this vitally important organization; now, therefore, be it

Resolved by the House of Representatives, That we memorialize the President and the Congress of the United States to work for the admission of Latvia into NATO; and be it further

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

The resolution was referred to the Committee on House Oversight and Operations.

Reps. Richardville, Spade, Adamini, Bernero, Rich Brown, Schauer, Toy, Ehardt, Basham, Clark, Minore, Garza, Dennis, Bovin, Plakas, Mans, Lockwood, O'Neil, Shackleton, Patterson, Rocca, Stallworth, Howell, Gieleghem, Pestka, Rivet, Pappageorge, Julian, Raczkowski, LaSata, Hager, Van Woerkom, Faunce, Meyer, Kowall, George, Tabor, Allen, Mortimer, Vander Roest, Jelinek, Sanborn, Lemmons, Neumann, Voorhees, Kuipers, Mead, Sheltrown, Vander Veen, Woodward, Jacobs, Stewart, Hansen, Lipsey, Koetje, Kooiman, Middaugh, Kolb, Jamnick, Caul, Shulman, Vear, Bishop, Kilpatrick and Birkholz offered the following resolution:

House Resolution No. 137.

A resolution to memorialize the Congress of the United States to enact the Steel Revitalization Act of 2001.

Whereas, In recent years, the American steel industry--a vital gauge of our long-term economic strength and security--has suffered a precipitous decline. Our steel production capacity, the size of the workforce in this industry, and efforts to modernize facilities have all suffered from the effects of trade practices that include other nations selling steel in the United States at prices below what the steel costs those nations to make; and

Whereas, To certain nations, developing a steel industry is so important that they subsidize costs and dump their products onto the American market. As a result, more and more of the steel used in the United States is produced elsewhere. This has a devastating impact on steelworkers and may have ominous long-term consequences for our nation; and

Whereas, On a level playing field, the American steel industry is a world leader in productivity and efficiency. Under the unfair practices that now exist, our steel industry is on the brink of collapse; and

Whereas, Congress has before it a bill, H.R. 808, that would address on many fronts the unfair situation facing the American steel industry. The Steel Revitalization Act of 2001 includes provisions to deal with imports dumped at below costs, to create greater access to capital, to encourage economies through restructuring, and to bring relief to the steel workforce and retirees. This legislation is an investment in an enterprise that is fundamental to a strong future for our nation; now, therefore, be it

Resolved by the House of Representatives, That we memorialize the Congress of the United States to enact the Steel Revitalization Act of 2001; and be it further

The resolution was referred to the Committee on Commerce.

Reports of Standing Committees

The Committee on Senior Health, Security and Retirement, by Rep. Voorhees, Chair, reported

House Bill No. 4776, entitled

A bill to amend 1978 PA 368, entitled "Public health code," by amending sections 16131, 16263, and 21720 (MCL 333.16131, 333.16263, and 333.21720), sections 16131 and 16263 as amended by 2000 PA 11, and by adding section 16328 and part 173; and to repeal acts and parts of acts.

Without amendment and with the recommendation that the bill pass.

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

Favorable Roll Call

HB 4776 To Report Out:

Yeas: Reps. Voorhees, Woronchak, Cassis, Vear, Williams, Bovin, Spade, Zelenko,

Nays: None.

COMMITTEE ATTENDANCE REPORT

The following report, submitted by Rep. Voorhees, Chair of the Committee on Senior Health, Security and Retirement, was received and read:

Meeting held on: Wednesday, May 30, 2001, at 9:00 a.m.,

Present: Reps. Voorhees, Woronchak, Cassis, Kuipers, Vear, Williams, Bovin, Spade, Zelenko.

The Committee on Criminal Justice, by Rep. Faunce, Chair, reported

House Bill No. 4813, entitled

A bill to amend 1949 PA 300, entitled "Michigan vehicle code," by amending sections 319 and 732 (MCL 257.319 and 257.732), as amended by 2000 PA 460.

Without amendment and with the recommendation that the bill pass.

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

Favorable Roll Call

HB 4813 To Report Out:

Yeas: Reps. Faunce, Kowall, DeWeese, Julian, McConico, Callahan, O'Neil, Rison,

Nays: None.

The Committee on Criminal Justice, by Rep. Faunce, Chair, reported

Senate Bill No. 402, entitled

A bill to amend 1976 PA 223, entitled "An act to create an agency concerned with crime victim services; to prescribe its powers and duties; to provide compensation to certain victims of crimes; to provide for the promulgation of rules; and to provide for penalties," by amending section 16 (MCL 18.366), as amended by 1996 PA 519.

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 402 To Report Out:

Yeas: Reps. Faunce, Kowall, DeWeese, Julian, McConico, Callahan, Rison,

Nays: None.

The Committee on Criminal Justice, by Rep. Faunce, Chair, reported

Senate Bill No. 403, entitled

A bill to amend 1927 PA 175, entitled "The code of criminal procedure," by amending section 11 of chapter XVII (MCL 777.11), as amended by 2000 PA 492.

Without amendment and with the recommendation that the bill pass.

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

Favorable Roll Call

SB 403 To Report Out:

Yeas: Reps. Faunce, Kowall, DeWeese, Julian, McConico, Callahan, Rison,

Nays: None.

The Committee on Criminal Justice, by Rep. Faunce, Chair, reported

Senate Bill No. 404, entitled

A bill to amend 1982 PA 220, entitled "Michigan family farm development act," by amending section 29 (MCL 285.279).

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 404 To Report Out:

Yeas: Reps. Faunce, Kowall, DeWeese, Julian, McConico, Callahan, Rison,

Nays: None.

The Committee on Criminal Justice, by Rep. Faunce, Chair, reported

Senate Bill No. 405, entitled

A bill to amend 1927 PA 175, entitled "The code of criminal procedure," by amending section 12 of chapter XVII (MCL 777.12), as amended by 2000 PA 459.

Without amendment and with the recommendation that the bill pass.

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

Favorable Roll Call

SB 405 To Report Out:

Yeas: Reps. Faunce, Kowall, DeWeese, Julian, McConico, Callahan, Rison,

Nays: None.

The Committee on Criminal Justice, by Rep. Faunce, Chair, reported

Senate Bill No. 406, entitled

A bill to amend 1980 PA 497, entitled "Construction lien act," by amending section 110 (MCL 570.1110), as amended by 1982 PA 17.

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 406 To Report Out:

Yeas: Reps. Faunce, Kowall, DeWeese, Julian, McConico, Callahan, Rison,

Nays: None.

The Committee on Criminal Justice, by Rep. Faunce, Chair, reported

Senate Bill No. 407, entitled

A bill to amend 1927 PA 175, entitled "The code of criminal procedure," by amending section 15 of chapter XVII (MCL 777.15), as amended by 2000 PA 279.

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 407 To Report Out:

Yeas: Reps. Faunce, Kowall, DeWeese, Julian, McConico, Callahan, O'Neil, Rison,

Nays: None.

The Committee on Criminal Justice, by Rep. Faunce, Chair, reported

Senate Bill No. 408, entitled

A bill to amend 1966 PA 346, entitled "State housing development authority act of 1966," by amending section 47 (MCL 125.1447).

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 408 To Report Out:

Yeas: Reps. Faunce, Kowall, DeWeese, Julian, McConico, Callahan, O'Neil, Rison,

Nays: None.

The Committee on Criminal Justice, by Rep. Faunce, Chair, reported

Senate Bill No. 409, entitled

A bill to amend 1927 PA 175, entitled "The code of criminal procedure," by amending section 11 of chapter XVII (MCL 777.11), as amended by 2000 PA 492.

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 409 To Report Out:

Yeas: Reps. Faunce, Kowall, DeWeese, Julian, McConico, Callahan, O'Neil, Rison,

Nays: None.

The Committee on Criminal Justice, by Rep. Faunce, Chair, reported

Senate Bill No. 410, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending sections 2157, 52908, and 76107 (MCL 324.2157, 324.52908, and 324.76107), section 2157 as added by 1995 PA 60, section 52908 as added by 1995 PA 57, and 76107 as added by 1995 PA 58.

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 410 To Report Out:

Yeas: Reps. Faunce, Kowall, DeWeese, Julian, McConico, Callahan, O'Neil, Rison,

Nays: None.

The Committee on Criminal Justice, by Rep. Faunce, Chair, reported

Senate Bill No. 411, entitled

A bill to amend 1927 PA 175, entitled "The code of criminal procedure," by amending section 13 of chapter XVII (MCL 777.13), as amended by 2000 PA 412.

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 411 To Report Out:

Yeas: Reps. Faunce, Kowall, DeWeese, Julian, McConico, Callahan, O'Neil, Rison,

Nays: None.

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Wednesday, May 30, 2001, at 10:30 a.m.,

Present: Reps. Faunce, Kowall, DeWeese, George, Julian, McConico, Callahan, O'Neil, Rison,

Absent: Reps. Raczkowski, Sanborn,

Excused: Reps. Raczkowski, Sanborn.

The Committee on Commerce, by Rep. Allen, Chair, reported

House Bill No. 4792, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending section 5522 (MCL 324.5522), as amended by 1998 PA 245.

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

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

Favorable Roll Call

HB 4792 To Report Out:

Yeas: Reps. Allen, Bishop, DeVuyst, Howell, Koetje, Middaugh, Mortimer, Van Woerkom, Vear, Lemmons, Rivet, Zelenko,

Nays: Reps. Thomas, Kolb, Lipsey, Waters.

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Wednesday, May 30, 2001, at 9:00 a.m.,

Present: Reps. Allen, Bishop, DeVuyst, Gilbert, Howell, Koetje, Middaugh, Mortimer, Van Woerkom, Vear, Thomas, Kolb, Lemmons, Lipsey, Rivet, Waters, Zelenko.

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

Senate Bill No. 29, entitled

A bill relative to the borrowing of money and the issuance of certain debt and securities; to provide for tax levies and sinking funds; to prescribe powers and duties of certain departments, state agencies, officials, and employees; to impose certain duties, requirements, and filing fees upon political subdivisions of this state; to authorize the issuance of certain debt and securities; to prescribe penalties; and to repeal acts and parts of acts.

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 29 To Report Out:

Yeas: Reps. Cassis, Vear, Drolet, Faunce, Gosselin, Kowall, Meyer, Newell, Richardville, Woronchak, Quarles, Basham, Bob Brown, Hale, Minore, O'Neil, Wojno,

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: Wednesday, May 30, 2001, at 10:30 a.m.,

Present: Reps. Cassis, Vear, Drolet, Faunce, Gosselin, Kowall, Meyer, Newell, Richardville, Woronchak, Quarles, Basham, Bob Brown, Hale, Minore, O'Neil, Wojno.

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Thursday, May 24, 2001, at 9:00 a.m.,

Present: Reps. Allen, Bishop, Gilbert, Howell, Koetje, Middaugh, Mortimer, Van Woerkom, Vear, Kolb, Lemmons, Lipsey, Rivet, Waters, Zelenko,

Absent: Reps. DeVuyst, Thomas,

Excused: Reps. DeVuyst, Thomas.

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Wednesday, May 30, 2001, at 9:00 a.m.,

Present: Reps. Gilbert, George, DeRossett, DeVuyst, Drolet, Gosselin, Hart, Ruth Johnson, Julian, Anderson, Bovin, Daniels, Jamnick, Murphy, Schermesser,

Absent: Reps. Scranton, Neumann,

Excused: Reps. Scranton, Neumann.

Introduction of Bills

Reps. Vear, Meyer, Ehardt, Van Woerkom, Mortimer, LaSata, DeRossett, Stewart, Bovin, Shackleton, DeVuyst, Pappageorge, Newell, Rocca, Spade and Lemmons introduced

House Bill No. 4829, entitled

A bill to define and regulate milk, cream, frozen desserts, and related foods and by-products of those foods under certain circumstances; to prescribe certain powers and duties of certain state agencies and officers; to prohibit the sale of unclean and unsanitary milk and manufactured dairy products and their use in the manufacture of food products; to prohibit unclean and unsanitary conditions of milk and milk processing establishments; to establish production and handling standards of sanitary milk and dairy products for manufacturing and manufactured dairy products; to regulate the sale and transportation of milk and dairy products for manufacturing purposes; to issue licenses and permits to certain persons and provide for the revocation or suspension of licenses and permits under certain circumstances; to impose certain fees; to require certain security devices under certain circumstances; to establish inspection requirements; to promulgate rules; to set certain standards for milk and dairy products, processing, and pasteurization; to provide for penalties and remedies; and to repeal acts and parts of acts.

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

Rep. Switalski introduced

House Bill No. 4830, entitled

A bill to amend 1976 PA 451, entitled "The revised school code," by amending section 1578 (MCL 380.1578).

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

Reps. Switalski, DeRossett, LaSata, Spade, Lipsey, Adamini, McConico, Rich Brown, Wojno, Gieleghem, Minore, Bogardus, Sheltrown, Bernero, Pappageorge, Richardville and Lemmons introduced

House Bill No. 4831, entitled

A bill to amend 1986 PA 87, entitled "An act regarding warranties on new motor vehicles; to require certain repairs to new motor vehicles; to provide remedies for the failure to repair such vehicles; and to prescribe duties for certain state agencies," by amending section 1 (MCL 257.1401), as amended by 1998 PA 486.

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

Reps. Switalski, Lemmons, Lipsey, Adamini, McConico, Wojno, Waters, Gieleghem, Minore, Bovin, Bogardus and Bernero introduced

House Bill No. 4832, entitled

A bill to amend 1969 PA 317, entitled "Worker's disability compensation act of 1969," by amending section 385 (MCL 418.385), as amended by 1985 PA 103.

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

Reps. Hale, Garza, Clark, Bogardus, Gieleghem, McConico, Waters, Hardman and Lemmons introduced

House Bill No. 4833, entitled

A bill to amend 1975 PA 228, entitled "Single business tax act," (MCL 208.1 to 208.145) by adding section 39d.

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

Reps. Hale, Raczkowski, Jacobs, Jamnick, Hansen, Neumann, Garza, Clark, Bogardus, Gieleghem, McConico, Waters, Hardman and Lemmons introduced

House Bill No. 4834, entitled

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

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

Reps. Hale, Raczkowski, Jacobs, Jamnick, Hansen, Neumann, Garza, Clark, Bogardus, Gieleghem, McConico, Waters, Hardman and Lemmons introduced

House Bill No. 4835, entitled

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

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

Reps. Shulman, Bishop, Patterson, Stewart, Richardville, DeVuyst, Meyer, Voorhees, Vander Veen, Hart, Ruth Johnson, Hansen, Toy, Julian and Kooiman introduced

House Bill No. 4836, entitled

A bill to amend 1976 PA 451, entitled "The revised school code," (MCL 380.1 to 380.1852) by adding section 1707.

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

Reps. Gosselin and Drolet introduced

House Bill No. 4837, entitled

A bill to amend 1966 PA 331, entitled "Community college act of 1966," (MCL 389.1 to 389.195) by adding section 108.

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

Reps. Gosselin and Drolet introduced

House Bill No. 4838, entitled

A bill to amend 1976 PA 451, entitled "The revised school code," by amending sections 614, 616, 617, 661, 701, 705, 1031, and 1066 (MCL 380.614, 380.616, 380.617, 380.661, 380.701, 380.705, 380.1031, and 380.1066), section 614 as amended by 1992 PA 263, section 617 as amended by 1989 PA 268, section 705 as amended by 1994 PA 258, and section 1031 as added and section 1066 as amended by 1995 PA 289, and by adding section 1022a.

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

Reps. Richardville, Spade, Adamini, Rich Brown, Meyer, Ehardt, Pappageorge, Mortimer, Julian, Raczkowski, Hager, Van Woerkom, Vander Veen, Voorhees, Kuipers, Allen, Vander Roest, Jelinek, Sanborn and Bishop introduced

House Bill No. 4839, entitled

A bill to designate that portion of highway M-50 located in Monroe county as the "Matt Urban Memorial Highway"; and to prescribe the duties of the state transportation department.

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

Reps. Schauer, Lipsey, Richardville, Neumann, Minore, Bovin and Dennis introduced

House Bill No. 4840, entitled

A bill to amend 1949 PA 300, entitled "Michigan vehicle code," by amending section 626 (MCL 257.626).

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

Reps. Schauer, Lipsey, Richardville, Neumann, Minore, Bovin and Dennis introduced

House Bill No. 4841, entitled

A bill to amend 1927 PA 175, entitled "The code of criminal procedure," by amending section 12 of chapter XVII (MCL 777.12), as amended by 2000 PA 459.

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

Reps. Hart, Vander Veen, Vear, Julian, Hager, LaSata, Bernero, Jelinek, Jacobs, Bovin, Schauer and Jansen introduced

House Bill No. 4842, entitled

A bill to amend 1949 PA 300, entitled "Michigan vehicle code," by amending sections 303 and 319 (MCL 257.303 and 257.319), as amended by 2000 PA 460.

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

Reps. Cassis, Tabor, Drolet, Patterson, Neumann, Voorhees, Vander Veen, Richner, Birkholz, Hansen, Bisbee, Ruth Johnson, Stewart and Van Woerkom introduced

House Bill No. 4843, entitled

A bill to amend 1975 PA 228, entitled "Single business tax act," by amending section 4 (MCL 208.4), as amended by 1999 PA 115.

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

Reps. Jacobs, LaSata, Jelinek, Bernero, Bovin, Hardman, Hart, Zelenko, Woodward, Schauer and Stewart introduced

House Bill No. 4844, entitled

A bill to amend 1976 PA 451, entitled "The revised school code," by amending section 1599 (MCL 380.1599) and by adding section 1590.

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

Reps. Hardman, Bernero, Bovin, Woodward, Hart, Jacobs, Schauer and Stewart introduced

House Bill No. 4845, entitled

A bill to amend 1939 PA 288, entitled "Probate code of 1939," by amending sections 2, 6, 6a, and 11 of chapter XIIA (MCL 712A.2, 712A.6, 712A.6a, and 712A.11), section 2 as amended by 2000 PA 55, sections 6 and 11 as amended by 1996 PA 409, and section 6a as added by 1996 PA 252, and by adding sections 11a and 17e to chapter XIIA.

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

Reps. Schermesser, Jacobs, Rivet, Minore, Thomas, Plakas, Dennis and Gieleghem introduced

House Bill No. 4846, entitled

A bill to amend 1978 PA 368, entitled "Public health code," by amending section 21799a (MCL 333.21799a).

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

Reps. Shulman, Raczkowski, Toy, Pappageorge, Patterson, George, LaSata, Vander Veen, Middaugh, Schauer, Koetje, Hart, Caul, Richner, DeWeese and Lemmons introduced

House Bill No. 4847, entitled

A bill to amend 1978 PA 368, entitled "Public health code," by amending sections 16221, 16226, 16263, 17001, 17011, 17501, and 17511 (MCL 333.16221, 333.16226, 333.16263, 333.17001, 333.17011, 333.17501, and 333.17511), sections 16221 and 16226 as amended by 2000 PA 29, section 16263 as amended by 2000 PA 11, section 17001 as amended by 1990 PA 248, section 17011 as amended by 1993 PA 79, and section 17501 as amended by 1990 PA 247, and by adding section 16105b.

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

Reps. Stamas, George, Toy, Pappageorge, Rivet, Birkholz, Caul and Stewart introduced

House Bill No. 4848, entitled

A bill to amend 1931 PA 328, entitled "The Michigan penal code," by repealing section 486 (MCL 750.486).

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

Reps. Kilpatrick, Mortimer, Bishop and Woronchak introduced

House Bill No. 4849, entitled

A bill to amend 1975 PA 228, entitled "Single business tax act," (MCL 208.1 to 208.145) by adding section 22g.

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

Reps. Raczkowski, Mortimer, Bishop and Woronchak introduced

House Bill No. 4850, entitled

A bill to provide certain investment opportunities in this state; to exempt income from certain taxes; to prescribe the powers and duties of certain public officers and departments; to impose powers and duties upon certain officials, departments, and authorities of this state; and to provide penalties and remedies.

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

Reps. Kilpatrick, DeRossett, Pappageorge, Richner, Plakas, Anderson, Sanborn, Kuipers, Kowall, Woronchak, Faunce, Koetje, Basham, Daniels and Lemmons introduced

House Bill No. 4851, entitled

A bill to amend 1893 PA 206, entitled "The general property tax act," (MCL 211.1 to 211.157) by adding section 7gg.

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

Reps. DeRossett, Pappageorge, Kilpatrick, Howell, Plakas, Anderson, Sanborn, Kuipers, Kowall, Woronchak, Faunce, Koetje, Basham, Daniels and Lemmons introduced

House Bill No. 4852, entitled

A bill to provide for the exemption of certain property from certain taxes; to levy and collect a specific tax upon the owners of certain property; to provide for the disposition of the tax; to clarify the ownership of certain parcels of property; to prescribe the powers and duties of certain local government officials; and to provide penalties.

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

Reps. Richner, DeRossett, Pappageorge, Kilpatrick, Howell, Anderson, Sanborn, Kuipers, Kowall, Woronchak, Faunce, Koetje, Basham, Daniels and Lemmons introduced

House Bill No. 4853, entitled

A bill to amend 1855 PA 105, entitled "An act to regulate the disposition of the surplus funds in the state treasury; to provide for the deposit of surplus funds in certain financial institutions; to lend surplus funds pursuant to loan agreements secured by certain commercial, agricultural, or industrial real and personal property; to authorize the loan of surplus funds to certain municipalities; to authorize the participation in certain loan programs; to authorize an appropriation; and to prescribe the duties of certain state agencies," by amending section 4 (MCL 21.144) and by adding section 2e.

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

Reps. Kowall, Stewart, Rocca, Dennis, Faunce, Bernero, Cassis, Pappageorge, Bishop, Toy and Van Woerkom introduced

House Bill No. 4854, entitled

A bill to regulate persons engaged in the operation of cranes; to create a board of crane operators; to provide for the licensing of crane operators; to provide for powers and duties for certain state agencies; to provide for the establishment of certain standards; to prescribe fees; to provide for the promulgation of rules; and to prescribe remedies and penalties.

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

Reps. Richner, Lemmons, McConico, Meyer, Stewart, Adamini, Hager, Middaugh, Van Woerkom, DeVuyst and Pappageorge introduced

House Bill No. 4855, entitled

A bill to adopt the uniform child-custody jurisdiction and enforcement act prescribing the powers and duties of the court in a child-custody proceeding involving this state and a proceeding or party outside of this state; and to repeal acts and parts of acts.

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

Reps. Richner, Lemmons, Richardville, Meyer, Stewart, Schauer, Jacobs, Ehardt, Hager, Van Woerkom, DeVuyst, Bovin, Ruth Johnson, Cassis, Rocca, Pappageorge and Bernero introduced

House Bill No. 4856, entitled

A bill to amend 1967 PA 281, entitled "Income tax act of 1967," by amending sections 506 and 520 (MCL 206.506 and 206.520), section 506 as amended by 1996 PA 484 and section 520 as amended by 1995 PA 245.

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

Reps. Richner, Lemmons, McConico, Meyer, Stewart, Adamini, Hager, Van Woerkom, Kolb, DeVuyst, Bovin and Richardville introduced

House Bill No. 4857, entitled

A bill to regulate and license certain individuals conducting certain transactions and acting as athlete agents in this state; to regulate certain student-athletes; to regulate certain contracts and agreements; to impose certain fees; to provide for certain powers and duties for certain state departments and agencies; to provide for adoption of rules; to create certain causes of action; and to provide for remedies and penalties.

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

Reps. Clark, Richardville, Quarles, Minore, Jamnick, Hale, Bogardus, Basham, Woodward, Reeves, Garza, Thomas, Schermesser, Jacobs, Kilpatrick, DeRossett, Sheltrown, Newell, Plakas, Neumann, Howell, Pestka, Godchaux, Vear, Stewart, Hager, Stallworth, Ruth Johnson, Anderson, Daniels, Phillips, Adamini, Rich Brown, Kolb, Murphy, Williams, Lipsey, Wojno, Hardman, Waters, O'Neil, Callahan, Whitmer, Spade, Bob Brown, Rivet, Hansen, Cassis, Toy, Clarke, Rocca, Dennis, Schauer, McConico and Lemmons introduced

House Bill No. 4858, entitled

A bill to amend 1939 PA 288, entitled "Probate code of 1939," (MCL 710.21 to 712A.32) by adding section 11a to chapter XIIA.

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

______

Rep. Mortimer moved that the House adjourn.

The motion prevailed, the time being 8:50 p.m.

Associate Speaker Pro Tempore Julian declared the House adjourned until Thursday, May 31, at 12:00 Noon.

GARY L. RANDALL

Clerk of the House of Representatives.

Adamini	Frank	Kuipers	Sanborn
Allen	Garza	LaSata	Schermesser
Basham	George	Lemmons	Shackleton
Birkholz	Gieleghem	Lipsey	Sheltrown
Bisbee	Gilbert	Lockwood	Shulman
Bishop	Godchaux	Mead	Spade
Bradstreet	Gosselin	Meyer	Stamas
Brown, B.	Hager	Middaugh	Stewart
Brown, C.	Hale	Minore	Switalski
Brown, R.	Hansen	Mortimer	Tabor
Callahan	Hart	Murphy	Thomas
Cassis	Howell	Newell	Toy
Caul	Jacobs	Pappageorge	Van Woerkom
Clark, I.	Jansen	Patterson	Vander Roest
Clarke, H.	Jelinek	Pestka	Vander Veen
Daniels	Johnson, Rick	Phillips	Vear
Dennis	Johnson, Ruth	Plakas	Voorhees
DeRossett	Julian	Pumford	Waters
DeVuyst	Kilpatrick	Quarles	Whitmer
DeWeese	Koetje	Raczkowski	Wojno
Drolet	Kolb	Richardville	Woodward
Ehardt	Kooiman	Rivet	Woronchak
Faunce	Kowall	Rocca	Zelenko

Adamini	Frank	McConico	Schermesser
Anderson	Garza	Mortimer	Sheltrown
Basham	Gieleghem	Murphy	Spade
Bernero	Hale	Neumann	Stallworth
Bogardus	Hansen	O'Neil	Switalski
Bovin	Jacobs	Pestka	Thomas
Brown, B.	Jamnick	Phillips	Waters
Brown, R.	Kilpatrick	Plakas	Whitmer
Callahan	Kolb	Quarles	Williams
Clark, I.	Lemmons	Reeves	Wojno
Clarke, H.	Lipsey	Rison	Woodward
Daniels	Lockwood	Rivet	Zelenko
Dennis	Mans	Schauer