No. 27
STATE OF MICHIGAN
JOURNAL
OF THE
House of Representatives
91st Legislature
REGULAR SESSION OF 2002
House Chamber, Lansing, Wednesday, March 20, 2002.
12:00 Noon.
The House was called to order by the Speaker.
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--present
Hart--present
Howell--present
Hummel--present
Jacobs--present
Jamnick--present
Jansen--present
Jelinek--present
Johnson, Rick--present
Johnson, Ruth--present
Julian--present
Koetje--present
Kolb--present
Kooiman--present
Kowall--present
Kuipers--present
LaSata--present
Lemmons--present
Lipsey--present
Lockwood--present
Mans--present
McConico--present
Mead--present
Meyer--present
Middaugh--present
Minore--present
Mortimer--present
Murphy--present
Neumann--present
Newell--present
O'Neil--present
Palmer--present
Pappageorge--present
Patterson--present
Pestka--present
Phillips--excused
Plakas--present
Pumford--present
Quarles--e/d/s
Raczkowski--present
Reeves--present
Richardville--present
Richner--present
Rison--excused
Rivet--present
Rocca--present
Schauer--present
Schermesser--present
Scranton--present
Shackleton--present
Sheltrown--present
Shulman--present
Spade--present
Stallworth--present
Stamas--present
Stewart--present
Switalski--present
Tabor--present
Thomas--present
Toy--present
Van Woerkom--present
Vander Roest--present
Vander Veen--present
Vear--present
Voorhees--present
Waters--present
Whitmer--excused
Williams--present
Wojno--present
Woodward--present
Woronchak--present
Zelenko--present
e/d/s = entered during session
Rep. Rich Brown, from the 110th District, offered the following invocation:
As we gather together on this first day of Spring, we ask You to be with us. Guide us as we make our decisions today. Give us wisdom to do what is right. Give us courage to do what is necessary. Give us compassion to help all of our fellow residents. As we complete the important job ahead of us, let us treat each other with respect and dignity. And most importantly, we ask that You bless this great state of ours and every resident that lives within it. Amen."
______
Rep. Jacobs moved that Reps. Phillips, Rison and Whitmer be excused from today's session.
The motion prevailed.
The Speaker called Associate Speaker Pro Tempore Ehardt to the Chair.
Motions and Resolutions
By unanimous consent the House considered House Resolution No. 380 out of numerical order.
The Speaker, on behalf of the entire membership of the House of Representatives, offered the following resolution:
House Resolution No. 380.
A resolution of tribute offered as a memorial for Charles R. Towner, former member of the House of Representatives.
Whereas, The members of this legislative body were saddened to learn of the passing of Charles R. Towner, who served his community and this state in many capacities over the years. A member of the Michigan House of Representatives for the 1963-64 legislature, Mr. Towner distinguished himself in public service in the Macomb County area. We offer our sincere condolences to his beloved family; and
Whereas, A native of Muskegon, Charles Towner was a World War II veteran who exemplified a commitment to his fellow Americans all his life. A graduate of Wayne State University and the Detroit College of Law, he was a teacher with the Roseville Public Schools for five years before devoting himself to the law. His long and distinguished legal career included his tenure as the chief trial attorney for the Macomb County Prosecutor's Office, his accomplishments in private practice, and his long years of legal service on behalf of Clinton Township. A significant measure of the respect his knowledge and integrity earned was the Civility Award presented to him by the Macomb County Bar Association in 2001; and
Whereas, Charles Towner's public-mindedness was also evident in his commitment and leadership with AMVETS and with legal organizations. In 1963, he brought his insights and energies to Lansing as the State Representative from the Third District, in Macomb County. During his term as a lawmaker, he contributed to the work of the committees on juvenile corrections, drains, and marine affairs; and
Whereas, Through his unselfish service to his country, our state, and his home community, Charles Towner provided an outstanding example of high standards of citizenship; now, therefore, be it
Resolved by the House of Representatives, That we offer this expression of our highest tribute to honor the memory of Charles R. Towner, a member of this legislative body in 1963-64; and be it further
Resolved, That copies of this resolution be transmitted to the Towner family as evidence of our respect for his memory.
The question being on the adoption of the resolution,
The resolution was adopted by unanimous standing vote.
Reports of Standing Committees
The Committee on Tax Policy, by Rep. Cassis, Chair, reported
House Bill No. 4660, entitled
A bill to amend 1893 PA 206, entitled "The general property tax act," by amending section 7cc (MCL 211.7cc), as amended by 1996 PA 476.
With the recommendation that the substitute (H-1) be adopted and that the bill then pass.
The bill and substitute were referred to the order of Second Reading of Bills.
Favorable Roll Call
HB 4660 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.
The Committee on Tax Policy, by Rep. Cassis, Chair, reported
House Bill No. 5743, entitled
A bill to amend 1893 PA 206, entitled "The general property tax act," by amending section 53b (MCL 211.53b), as amended by 2000 PA 284, and by adding section 7gg.
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 5743 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.
The Committee on Tax Policy, by Rep. Cassis, Chair, reported
Senate Bill No. 1165, entitled
A bill to amend 1993 PA 331, entitled "State education tax act," by amending the title and sections 3 and 5 (MCL 211.903 and 211.905), as amended by 1994 PA 187, and by adding section 5b.
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 1165 To Report Out:
Yeas: Reps. Cassis, Vear, Drolet, Faunce, Meyer, Newell, Richardville, Woronchak, Quarles, Basham, Hale, Minore, O'Neil,
Nays: Rep. Gosselin.
The Committee on Tax Policy, by Rep. Cassis, Chair, reported
Senate Bill No. 1166, entitled
A bill to amend 1893 PA 206, entitled "The general property tax act," (MCL 211.1 to 211.157) by adding section 44d.
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 1166 To Report Out:
Yeas: Reps. Cassis, Vear, Drolet, Faunce, Meyer, Newell, Richardville, Woronchak, Quarles, Basham, Hale, Minore, O'Neil,
Nays: Rep. Gosselin.
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, March 20, 2002, at 10:00 a.m.,
Present: Reps. Cassis, Vear, Drolet, Faunce, Gosselin, Kowall, Meyer, Newell, Richardville, Woronchak, Quarles, Basham, Bob Brown, Hale, Minore, O'Neil, Wojno.
Announcement by the Clerk of Printing and Enrollment
The Clerk announced that the following bills had been printed and placed upon the files of the members, Thursday, March 14:
Senate Bill Nos. 1202 1203
The Clerk announced that the following bills had been printed and placed upon the files of the members, Friday, March 15:
Senate Bill Nos. 1204 1205 1206 1207
The Clerk announced that the following bills had been printed and placed upon the files of the members, Wednesday, March 20:
House Bill Nos. 5805 5806 5807 5808 5809 5810 5811 5812 5813 5814 5815 5816
The Clerk announced that the following Senate bills had been received on Wednesday, March 20:
Senate Bill Nos. 926 1009 1101 1102 1104 1106
Communications from State Officers
The following communication from the Department of Environmental Quality was received and read:
March 15, 2002
Section 30113(6) of Part 301, Inland Lakes and Streams, of the Natural Resources and Environmental Protection Act, 1994 PA 451, as amended, requires the Department of Environmental Quality (DEQ) to report annually to the Legislature. Enclosed is the required Legislative Report on FY 00/01 Permit Application Fee Fund and Processing Times.
Sincerely,
Richard A. Powers, Chief
Land and Water Management Division
The communication was referred to the Clerk.
Introduction of Bills
Rep. Bradstreet introduced
House Bill No. 5817, entitled
A bill to amend 1972 PA 106, entitled "Highway advertising act of 1972," by amending section 4 (MCL 252.304), as amended by 1998 PA 533.
The bill was read a first time by its title and referred to the Committee on Local Government and Urban Policy.
Reps. Bradstreet, Sheltrown, DeVuyst, Voorhees, Drolet, Tabor and Kowall introduced
House Bill No. 5818, entitled
A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending sections 30301 and 30321 (MCL 324.30301 and 324.30321), section 30301 as added by 1995 PA 59 and section 30321 as amended by 1996 PA 530.
The bill was read a first time by its title and referred to the Committee on Land Use and Environment.
Reps. Kuipers, Raczkowski, Ehardt, Kowall, Bishop, Bisbee, Drolet, Vear, Palmer, DeRossett, Voorhees, Vander Veen and Patterson introduced
House Bill No. 5819, entitled
A bill to amend 1980 PA 299, entitled "Occupational code," by amending sections 2012 and 2014 (MCL 339.2012 and 339.2014), as amended by 1992 PA 103.
The bill was read a first time by its title and referred to the Committee on Employment Relations, Training and Safety.
By unanimous consent the House returned to the order of
Second Reading of Bills
House Bill No. 5645, 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, 2003; 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.
Reps. Howell and Rich Brown moved to amend the bill as follows:
1. Amend page 9, line 9, by striking out "45,787,100" and inserting "47,355,100" and adjusting the subtotals, totals, and section 201 accordingly.
2. Amend page 41, line 23, by striking out "$1,114.00" and inserting "$1,310.00".
3. Amend page 41, line 23, after "follows:" by striking out "$710.00" and inserting "$835.00".
4. Amend page 41, line 24, after "directors;" by striking out "$234.00" and inserting "$275.00".
5. Amend page 41, line 24, after "and" by striking out "$170.00" and inserting "$200.00".
The motion did not prevail and the amendments were not adopted, a majority of the members serving not voting therefor.
Reps. Allen and Stamas moved to amend the bill as follows:
1. Amend page 20, line 10, after "offices." by inserting "Any plans presented to the committees shall ensure that the department maintain a physical presence full-time in every county.".
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 36, following line 13, by inserting:
"Sec. 534. In addition to the funds appropriated in part 1, there is hereby appropriated up to $500,000.00 in federal authority to be allocated to strong families/safe children local multipurpose collaborative bodies for child well-being safety checks. This appropriation is contingent upon receipt of new federal promoting safe and stable families program funds.".
The motion did not prevail and the amendment was not adopted, a majority of the members serving not voting therefor.
______
Rep. Jacobs moved that Rep. Schermesser be excused temporarily from today's session.
The motion prevailed.
Rep. Clark moved to amend the bill as follows:
1. Amend page 23, line 18, by striking out "$8,785,700.00" and inserting "$6,285,700.00".
2. Amend page 24, line 1, after "commission," by inserting "up to $2,500,000.00 may be used for a 2% grant increase for kinship care cases,".
The question being on the adoption of the amendments offered by Rep. Clark,
Rep. Clark demanded the yeas and nays.
The demand was supported.
The question being on the adoption of the amendments offered by Rep. Clark,
The amendments were not adopted, a majority of the members serving not voting therefor, by yeas and nays, as follows:
Roll Call No. 311 Yeas--45
| Adamini | Dennis | Lipsey | Schauer |
| Anderson | Frank | Lockwood | Sheltrown |
| Basham | Garza | Mans | Spade |
| Bernero | Gieleghem | McConico | Stallworth |
| Bogardus | Hale | Minore | Switalski |
| Bovin | Hansen | Murphy | Thomas |
| Brown, B. | Hardman | Neumann | Waters |
| Brown, R. | Jacobs | O'Neil | Williams |
| Callahan | Jamnick | Pestka | Wojno |
| Clark, I. | Kolb | Reeves | Woodward |
| Clarke, H. | Lemmons | Rivet | Zelenko |
Daniels
Nays--58
| Allen | Gilbert | Kuipers | Rocca |
| Birkholz | Godchaux | LaSata | Scranton |
| Bisbee | Gosselin | Mead | Shackleton |
| Bishop | Hager | Meyer | Shulman |
| Bradstreet | Hart | Middaugh | Stamas |
| Brown, C. | Howell | Mortimer | Stewart |
| Cassis | Hummel | Newell | Tabor |
| Caul | Jansen | Palmer | Toy |
| DeRossett | Jelinek | Pappageorge | Van Woerkom |
| DeVuyst | Johnson, Rick | Patterson | Vander Roest |
| DeWeese | Johnson, Ruth | Pumford | Vander Veen |
| Drolet | Julian | Raczkowski | Vear |
| Ehardt | Koetje | Richardville | Voorhees |
| Faunce | Kooiman | Richner | Woronchak |
George Kowall
In The Chair: Ehardt
______
Rep. Quarles entered the House Chambers.
Rep. Hardman moved to amend the bill as follows:
1. Amend page 23, line 18, by striking out "$8,785,700.00" and inserting "$6,285,700.00".
2. Amend page 24, line 1, after "commission," by inserting "up to $2,500,000.00 may be used to expand the child day care eligibility scale to 200% of poverty,".
The question being on the adoption of the amendments offered by Rep. Hardman,
Rep. Hardman demanded the yeas and nays.
The demand was supported.
The question being on the adoption of the amendments offered by Rep. Hardman,
The amendments were not adopted, a majority of the members serving not voting therefor, by yeas and nays, as follows:
Roll Call No. 312 Yeas--46
| Adamini | Dennis | Lockwood | Rivet |
| Anderson | Frank | Mans | Schauer |
| Basham | Garza | McConico | Sheltrown |
| Bernero | Gieleghem | Minore | Spade |
| Bogardus | Hale | Murphy | Switalski |
| Bovin | Hansen | Neumann | Thomas |
| Brown, B. | Hardman | O'Neil | Waters |
| Brown, R. | Jacobs | Pestka | Williams |
| Callahan | Jamnick | Plakas | Wojno |
| Clark, I. | Kolb | Quarles | Woodward |
| Clarke, H. | Lemmons | Reeves | Zelenko |
Daniels Lipsey
Nays--57
| Allen | Gilbert | Kowall | Rocca |
| Birkholz | Godchaux | Kuipers | Scranton |
| Bisbee | Gosselin | LaSata | Shackleton |
| Bishop | Hager | Mead | Shulman |
| Bradstreet | Hart | Meyer | Stamas |
| Brown, C. | Howell | Middaugh | Stewart |
| Cassis | Hummel | Mortimer | Tabor |
| Caul | Jansen | Newell | Toy |
| DeRossett | Jelinek | Palmer | Van Woerkom |
| DeVuyst | Johnson, Rick | Pappageorge | Vander Roest |
| DeWeese | Johnson, Ruth | Patterson | Vander Veen |
| Drolet | Julian | Pumford | Vear |
| Ehardt | Koetje | Richardville | Voorhees |
| Faunce | Kooiman | Richner | Woronchak |
George
In The Chair: Ehardt
Rep. Bernero moved to reconsider the vote by which the House did not adopt the amendment offered previously by Rep. Bernero.
The question being on the motion made by Rep. Bernero,
Rep. Bernero demanded the yeas and nays.
The demand was supported.
The question being on the motion made by Rep. Bernero,
The motion did not prevail, a majority of the members present not voting therefor, by yeas and nays, as follows:
Roll Call No. 313 Yeas--46
| Adamini | Dennis | Lockwood | Rivet |
| Anderson | Frank | Mans | Schauer |
| Basham | Garza | McConico | Sheltrown |
| Bernero | Gieleghem | Minore | Spade |
| Bogardus | Hale | Murphy | Switalski |
| Bovin | Hansen | Neumann | Thomas |
| Brown, B. | Hardman | O'Neil | Waters |
| Brown, R. | Jacobs | Pestka | Williams |
| Callahan | Jamnick | Plakas | Wojno |
| Clark, I. | Kolb | Quarles | Woodward |
| Clarke, H. | Lemmons | Reeves | Zelenko |
Daniels Lipsey
Nays--58
| Allen | Gilbert | Kuipers | Rocca |
| Birkholz | Godchaux | LaSata | Scranton |
| Bisbee | Gosselin | Mead | Shackleton |
| Bishop | Hager | Meyer | Shulman |
| Bradstreet | Hart | Middaugh | Stamas |
| Brown, C. | Howell | Mortimer | Stewart |
| Cassis | Hummel | Newell | Tabor |
| Caul | Jansen | Palmer | Toy |
| DeRossett | Jelinek | Pappageorge | Van Woerkom |
| DeVuyst | Johnson, Rick | Patterson | Vander Roest |
| DeWeese | Johnson, Ruth | Pumford | Vander Veen |
| Drolet | Julian | Raczkowski | Vear |
| Ehardt | Koetje | Richardville | Voorhees |
| Faunce | Kooiman | Richner | Woronchak |
George Kowall
In The Chair: Ehardt
Rep. Hardman moved to amend the bill as follows:
1. Amend page 23, line 18, by striking out "$8,785,700.00" and inserting "$6,285,700.00".
2. Amend page 24, line 1, after "commission," by inserting "up to $2,500,000.00 may be used for day care provider increases for those caring for children 2 1/2 to 5 years of age,".
The question being on the adoption of the amendments offered by Rep. Hardman,
Rep. Hardman demanded the yeas and nays.
The demand was supported.
The question being on the adoption of the amendments offered by Rep. Hardman,
The amendments were not adopted, a majority of the members serving not voting therefor, by yeas and nays, as follows:
Roll Call No. 314 Yeas--46
| Adamini | Dennis | Lockwood | Schauer |
| Anderson | Frank | Mans | Sheltrown |
| Basham | Garza | McConico | Spade |
| Bernero | Gieleghem | Murphy | Stallworth |
| Bogardus | Hale | Neumann | Switalski |
| Bovin | Hansen | O'Neil | Thomas |
| Brown, B. | Hardman | Pestka | Waters |
| Brown, R. | Jacobs | Plakas | Williams |
| Callahan | Jamnick | Quarles | Wojno |
| Clark, I. | Kolb | Reeves | Woodward |
| Clarke, H. | Lemmons | Rivet | Zelenko |
Daniels Lipsey
Nays--58
| Allen | Gilbert | Kuipers | Rocca |
| Birkholz | Godchaux | LaSata | Scranton |
| Bisbee | Gosselin | Mead | Shackleton |
| Bishop | Hager | Meyer | Shulman |
| Bradstreet | Hart | Middaugh | Stamas |
| Brown, C. | Howell | Mortimer | Stewart |
| Cassis | Hummel | Newell | Tabor |
| Caul | Jansen | Palmer | Toy |
| DeRossett | Jelinek | Pappageorge | Van Woerkom |
| DeVuyst | Johnson, Rick | Patterson | Vander Roest |
| DeWeese | Johnson, Ruth | Pumford | Vander Veen |
| Drolet | Julian | Raczkowski | Vear |
| Ehardt | Koetje | Richardville | Voorhees |
| Faunce | Kooiman | Richner | Woronchak |
George Kowall
In The Chair: Ehardt
______
Rep. Vander Roest moved that Rep. Pumford be excused temporarily from today's session.
The motion prevailed.
Rep. Frank moved to amend the bill as follows:
1. Amend page 23, line 18, by striking out "$8,785,700.00" and inserting "$6,785,700.00".
2. Amend page 24, line 1, after "commission," by inserting "up to $2,000,000.00 may be used to fund the serious habitual offenders comprehensive action program (SHOCAP),".
The question being on the adoption of the amendments offered by Rep. Frank,
Rep. Frank demanded the yeas and nays.
The demand was supported.
The question being on the adoption of the amendments offered by Rep. Frank,
The amendments were not adopted, a majority of the members serving not voting therefor, by yeas and nays, as follows:
Roll Call No. 315 Yeas--35
| Adamini | Daniels | Jamnick | Reeves |
| Basham | Dennis | Kolb | Schauer |
| Bernero | Frank | Lemmons | Stallworth |
| Bogardus | Garza | Lipsey | Thomas |
| Bovin | Gieleghem | Lockwood | Van Woerkom |
| Brown, R. | Hale | McConico | Waters |
| Callahan | Hansen | Minore | Williams |
| Clark, I. | Hardman | Murphy | Zelenko |
| Clarke, H. | Jacobs | Quarles |
Nays--66
| Allen | Gilbert | Mans | Scranton |
| Anderson | Godchaux | Mead | Shackleton |
| Birkholz | Gosselin | Meyer | Sheltrown |
| Bisbee | Hager | Middaugh | Shulman |
| Bishop | Hart | Mortimer | Spade |
| Bradstreet | Howell | Neumann | Stamas |
| Brown, B. | Hummel | Newell | Stewart |
| Brown, C. | Jansen | O'Neil | Switalski |
| Cassis | Jelinek | Palmer | Tabor |
| Caul | Johnson, Rick | Pappageorge | Toy |
| DeRossett | Johnson, Ruth | Patterson | Vander Roest |
| DeVuyst | Julian | Pestka | Vander Veen |
| DeWeese | Koetje | Raczkowski | Vear |
| Drolet | Kooiman | Richardville | Voorhees |
| Ehardt | Kowall | Richner | Wojno |
| Faunce | Kuipers | Rocca | Woronchak |
George LaSata
In The Chair: Ehardt
Rep. Murphy moved to amend the bill as follows:
1. Amend page 26, following line 17, by inserting:
"Sec. 418. (1) The department shall work with the friend of the court, the state friend of the court bureau, and the department of treasury to establish a child support assurance pilot project that shall allow a child to receive a monthly stipend if that child is an eligible child based on the criteria described in subsection (2).
(2) A child who meets the following criteria is an eligible child:
(a) Is a resident of and is physically present in Michigan.
(b) Is a minor.
(c) Has not received a court-ordered child support payment within the 6 months before applying.
(d) Has an employed eligible custodian or an unemployed, disabled eligible custodian.
(e) If living with the custodial parent, that custodial parent has a household income equal to or less than 200% of the federal poverty guidelines.
(f) The custodial parent of the eligible child is cooperating with the office of child support in its attempt to collect the child support due that eligible child under the child support order.
(3) The department shall report to the legislature the number of eligible children receiving the monthly stipend, the number of child support assurance project payments returned and the reason for the returns.
(4) The department in conjunction with the friend of the court, the state friend of the court bureau, and the department of treasury shall coordinate activity to search for the owners or payers of undisbursed child support. With the goal of reducing the amount of undisbursed child support and ensuring that each eligible child is receiving the child support to which that eligible child is entitled, the office shall do all of the following:
(a) Develop an electronic database capable of monitoring undisbursed child support, both centrally and at the local level, on a monthly basis.
(b) Provide policies and procedures for, and the form and manner for reporting of, the monthly monitoring of offices of the friend of the court caseloads, child support collections, and undisbursed child support.
(c) Establish performance standards for offices of the friend of the court and identify those offices not meeting the performance standards.
(d) Develop an undisbursed child support reduction team that assists offices of the friend of the court in using procedures, including electronic databases, to ensure more timely disbursement of child support.
(e) Develop a system of communication with each of the following entities, to ensure a more timely disbursement of child support:
(i) Internal revenue service.
(ii) Bureau of revenue of the department of treasury.
(iii) United States postal service.
(iv) Other agencies of the family independence agency.
(v) Social security administration.
(vi) Department of community health.
(vii) State friend of the court bureau in the state court administrative office.
(viii) Employers required to comply with withholding orders.
(ix) Interstate child support collection programs.
(f) Develop best practice procedures to address each of the following that results in undisbursed child support:
(i) Voluntary payers.
(ii) Closed cases.
(iii) Interstate collections.
(iv) Families moving from receiving family independence program benefits to not receiving family independence program benefits.
(g) Develop a training program for offices of the friend of the court and the SDU on the best practice procedures developed under subdivision (f) and on their implementation, in order to reduce undisbursed child support.
(h) Establish performance standards to determine acceptable limits of undisbursed child support.
(i) Develop a payment history database of repeat unidentified payers.
(j) Promote the use of direct deposit by payees of child support.
(k) Provide a report to the senate and house appropriations committees on the monthly undisbursed child support amounts and on the causes of and steps taken to reduce undisbursed child support by March 1, 2003.
(5) As used in this act:
(a) "Eligible custodian" means a child's custodian who is eligible to receive child support assurance project payments on behalf of an eligible child.
(b) "Federal poverty guidelines" means the poverty guidelines updated annually in the federal register by the United States department of health and human services under authority of 42 U.S.C. 9902(2).
(c) "State disbursement unit" or "SDU" means the entity established in section 6 for centralized state receipt and disbursement of support and fees.
(d) "Undisbursed child support" means money paid as child support to the friend of the court or the SDU that is reportable and payable to the children's trustee as required under the uniform unclaimed property act, 1995 PA 29, MCL 567.221 to 567.265.".
The question being on the adoption of the amendment offered by Rep. Murphy,
Rep. Murphy demanded the yeas and nays.
The demand was supported.
The question being on the adoption of the amendment offered by Rep. Murphy,
The amendment was not adopted, a majority of the members serving not voting therefor, by yeas and nays, as follows:
Roll Call No. 316 Yeas--45
| Adamini | Dennis | Lipsey | Rivet |
| Anderson | Frank | Lockwood | Schauer |
| Basham | Garza | Mans | Sheltrown |
| Bernero | Gieleghem | McConico | Spade |
| Bogardus | Hale | Murphy | Stallworth |
| Bovin | Hansen | Neumann | Switalski |
| Brown, B. | Hardman | O'Neil | Thomas |
| Brown, R. | Jacobs | Pestka | Waters |
| Callahan | Jamnick | Plakas | Williams |
| Clark, I. | Kolb | Quarles | Wojno |
| Clarke, H. | Lemmons | Reeves | Zelenko |
Daniels
Nays--58
| Allen | Gilbert | Kuipers | Rocca |
| Birkholz | Godchaux | LaSata | Scranton |
| Bisbee | Gosselin | Mead | Shackleton |
| Bishop | Hager | Meyer | Shulman |
| Bradstreet | Hart | Middaugh | Stamas |
| Brown, C. | Howell | Mortimer | Stewart |
| Cassis | Hummel | Newell | Tabor |
| Caul | Jansen | Palmer | Toy |
| DeRossett | Jelinek | Pappageorge | Van Woerkom |
| DeVuyst | Johnson, Rick | Patterson | Vander Roest |
| DeWeese | Johnson, Ruth | Pumford | Vander Veen |
| Drolet | Julian | Raczkowski | Vear |
| Ehardt | Koetje | Richardville | Voorhees |
| Faunce | Kooiman | Richner | Woronchak |
George Kowall
In The Chair: Ehardt
Rep. Bernero moved to amend the bill as follows:
1. Amend page 9, line 11, by striking out "456,310,000" and inserting "456,643,000".
2. Amend page 9, line 18, by striking out "1,414,063,500" and inserting "1,414,396,500" and adjusting the subtotals, totals, and section 201 accordingly.
3. Amend page 55, following line 25, by inserting:
"Sec. 667. From the funds appropriated in part 1 for day care services, the department shall allocate $333,000.00 in TANF to fund a wrap-around program for TANF eligible at-risk children in school.".
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. 317 Yeas--47
| Adamini | Dennis | Lockwood | Schauer |
| Anderson | DeWeese | Mans | Sheltrown |
| Basham | Frank | McConico | Spade |
| Bernero | Gieleghem | Minore | Stallworth |
| Bogardus | Hale | Murphy | Switalski |
| Bovin | Hansen | Neumann | Thomas |
| Brown, B. | Hardman | O'Neil | Waters |
| Brown, R. | Jacobs | Pestka | Williams |
| Callahan | Jamnick | Plakas | Wojno |
| Clark, I. | Kolb | Quarles | Woodward |
| Clarke, H. | Lemmons | Reeves | Zelenko |
| Daniels | Lipsey | Rivet |
Nays--57
| Allen | Godchaux | Kuipers | Rocca |
| Birkholz | Gosselin | LaSata | Scranton |
| Bisbee | Hager | Mead | Shackleton |
| Bishop | Hart | Meyer | Shulman |
| Bradstreet | Howell | Middaugh | Stamas |
| Brown, C. | Hummel | Mortimer | Stewart |
| Cassis | Jansen | Newell | Tabor |
| Caul | Jelinek | Palmer | Toy |
| DeRossett | Johnson, Rick | Pappageorge | Van Woerkom |
| DeVuyst | Johnson, Ruth | Patterson | Vander Roest |
| Drolet | Julian | Pumford | Vander Veen |
| Ehardt | Koetje | Raczkowski | Vear |
| Faunce | Kooiman | Richardville | Voorhees |
| George | Kowall | Richner | Woronchak |
Gilbert
In The Chair: Ehardt
Rep. Dennis moved to amend the bill as follows:
1. Amend page 55, following line 25, by inserting:
"Sec. 667. The family independence agency shall develop and implement an adult prevention services program that will prevent disabled adults from becoming homeless while waiting for a determination of eligibility for supplemental security income (SSI) or retroactive social security disability insurance (RSDI) benefits. The family independence agency shall develop this program in cooperation with the Michigan state housing development authority and the department of community health.".
The question being on the adoption of the amendment offered by Rep. Dennis,
Rep. Dennis demanded the yeas and nays.
The demand was supported.
The question being on the adoption of the amendment offered by Rep. Dennis,
The amendment was not adopted, a majority of the members serving not voting therefor, by yeas and nays, as follows:
Roll Call No. 318 Yeas--43
| Adamini | Daniels | Lipsey | Sheltrown |
| Anderson | Dennis | Lockwood | Spade |
| Basham | Frank | Mans | Stallworth |
| Bernero | Gieleghem | McConico | Switalski |
| Bogardus | Hale | Murphy | Thomas |
| Bovin | Hansen | Neumann | Waters |
| Brown, B. | Hardman | O'Neil | Williams |
| Brown, R. | Jacobs | Pestka | Wojno |
| Callahan | Jamnick | Plakas | Woodward |
| Clark, I. | Kolb | Quarles | Zelenko |
| Clarke, H. | Lemmons | Rivet |
Nays--57
| Allen | Gilbert | Kowall | Rocca |
| Birkholz | Godchaux | Kuipers | Scranton |
| Bisbee | Gosselin | LaSata | Shackleton |
| Bishop | Hager | Mead | Shulman |
| Bradstreet | Hart | Meyer | Stamas |
| Brown, C. | Howell | Middaugh | Stewart |
| Cassis | Hummel | Mortimer | Tabor |
| Caul | Jansen | Newell | Toy |
| DeRossett | Jelinek | Palmer | Van Woerkom |
| DeVuyst | Johnson, Rick | Pappageorge | Vander Roest |
| DeWeese | Johnson, Ruth | Patterson | Vander Veen |
| Drolet | Julian | Pumford | Vear |
| Ehardt | Koetje | Richardville | Voorhees |
| Faunce | Kooiman | Richner | Woronchak |
George
In The Chair: Ehardt
______
Rep. Jacobs moved that Rep. Garza be excused temporarily from today's session.
The motion prevailed.
Rep. Bernero moved to amend the bill as follows:
1. Amend page 55, following line 25, by inserting:
"Sec. 667. The department shall provide a comprehensive, quarterly report concerning the family independence program to the house and senate appropriations subcommittees on the family independence agency, house and senate standing committees having jurisdiction over human services matters, the house and senate fiscal agencies, and the house and senate policy offices that contains all of the following information:
(a) The number of family independence program applications received, listed by county, and the number of those applicants who determined to be eligible for family independence program benefits.
(b) The total number of eligible applicants listed by district and caseworker.
(c) The total number of eligible applicants listed by caseworker.
(d) The total number of opened cases listed by caseworker.
Sec. 668. The department shall provide a comprehensive, quarterly report concerning the food assistance program to the house and senate appropriations subcommittees on the family independence agency, house and senate standing committees having jurisdiction over human services matters, the house and senate fiscal agencies, and the house and senate policy offices that contains all of the following information:
(a) The number of food assistance program applications received, listed by county, and the number of those applicants who were determined to be eligible for food assistance program benefits.
(b) The total number of eligible applicants listed by district and caseworker.
(c) The total number of eligible applicants listed by caseworker.
(d) The total number of opened cases listed by caseworker.
Sec. 669. The department shall provide a comprehensive, quarterly report concerning the medical assistance program to the house and senate appropriations subcommittees on the family independence agency, house and senate standing committees having jurisdiction over human services matters, the house and senate fiscal agencies, and the house and senate policy offices that contains all of the following information:
(a) The number of medical assistance program applications received, listed by county, and the number of those applicants who were determined to be eligible for the medical assistance program.
(b) The total number of eligible applicants listed by district and caseworker.
(c) The total number of eligible applicants listed by caseworker.
(d) The total number of opened cases listed by caseworker.".
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. 319 Yeas--46
| Adamini | Dennis | Lockwood | Rivet |
| Anderson | DeWeese | Mans | Schauer |
| Basham | Frank | McConico | Spade |
| Bernero | Gieleghem | Minore | Stallworth |
| Bogardus | Hale | Murphy | Switalski |
| Bovin | Hansen | Neumann | Thomas |
| Brown, B. | Hardman | O'Neil | Waters |
| Brown, R. | Jacobs | Pestka | Williams |
| Callahan | Jamnick | Plakas | Wojno |
| Clark, I. | Kolb | Quarles | Woodward |
| Clarke, H. | Lemmons | Reeves | Zelenko |
Daniels Lipsey
Nays--57
| Allen | Gosselin | LaSata | Scranton |
| Birkholz | Hager | Mead | Shackleton |
| Bisbee | Hart | Meyer | Sheltrown |
| Bishop | Howell | Middaugh | Shulman |
| Brown, C. | Hummel | Mortimer | Stamas |
| Cassis | Jansen | Newell | Stewart |
| Caul | Jelinek | Palmer | Tabor |
| DeRossett | Johnson, Rick | Pappageorge | Toy |
| DeVuyst | Johnson, Ruth | Patterson | Van Woerkom |
| Drolet | Julian | Pumford | Vander Roest |
| Ehardt | Koetje | Raczkowski | Vander Veen |
| Faunce | Kooiman | Richardville | Vear |
| George | Kowall | Richner | Voorhees |
| Gilbert | Kuipers | Rocca | Woronchak |
Godchaux
In The Chair: Ehardt
Rep. Clarke moved to amend the bill as follows:
1. Amend page 54, following line 22, by inserting:
"(8) Any before- or after-school program funds not expended by existing pilots may be used to expand services to additional counties.".
The motion prevailed and the amendment was adopted, a majority of the members serving voting therefor.
Reps. Jansen and Switalski moved to amend the bill as follows:
1. Amend page 33, line 23, after "effective" by striking out "April" and inserting "January".
The motion prevailed and the amendment was adopted, a majority of the members serving voting therefor.
Rep. Scranton moved to amend the bill as follows:
1. Amend page 20, following line 10, by inserting:
"Sec. 262. The department shall obtain the consent of any county government prior to consolidation of a local family independence agency office within that county. The department shall reestablish any local family independence agency office that has been consolidated within the past year with another local family independence agency office if requested to reestablish that local office by the county government for the county in which that local office had operated prior to the consolidation.".
The question being on the adoption of the amendment offered by Rep. Scranton,
Rep. Scranton demanded the yeas and nays.
The demand was supported.
The question being on the adoption of the amendment offered by Rep. Scranton,
The amendment was not adopted, a majority of the members serving not voting therefor, by yeas and nays, as follows:
Roll Call No. 320 Yeas--48
| Adamini | Daniels | Kolb | Rivet |
| Anderson | Dennis | Lemmons | Schauer |
| Basham | DeWeese | Lipsey | Scranton |
| Bernero | Frank | Lockwood | Sheltrown |
| Bisbee | Garza | Mans | Spade |
| Bogardus | Gieleghem | McConico | Switalski |
| Bovin | Godchaux | Minore | Thomas |
| Brown, B. | Hale | Murphy | Waters |
| Brown, R. | Hansen | Neumann | Williams |
| Callahan | Hardman | O'Neil | Wojno |
| Clark, I. | Jacobs | Pestka | Woodward |
| Clarke, H. | Jamnick | Quarles | Zelenko |
Nays--53
| Allen | Gosselin | Kuipers | Rocca |
| Birkholz | Hager | LaSata | Shackleton |
| Bishop | Hart | Mead | Shulman |
| Bradstreet | Howell | Meyer | Stamas |
| Brown, C. | Hummel | Middaugh | Stewart |
| Cassis | Jansen | Mortimer | Tabor |
| Caul | Jelinek | Newell | Toy |
| DeRossett | Johnson, Rick | Palmer | Van Woerkom |
| DeVuyst | Johnson, Ruth | Pappageorge | Vander Roest |
| Drolet | Julian | Patterson | Vander Veen |
| Ehardt | Koetje | Pumford | Vear |
| Faunce | Kooiman | Raczkowski | Voorhees |
| George | Kowall | Richner | Woronchak |
Gilbert
In The Chair: Ehardt
Rep. Basham moved to amend the bill as follows:
1. Amend page 20, following line 10, by inserting:
"Sec. 262. Prior to the closure of any local family independence agency office, the department shall study the impact of the closure to the community that will be effected and discuss the project community impact with the house and senate appropriations subcommittees on the family independence agency. This discussion shall include input from the residents of the community and the employees affected by the projected closure.".
The motion prevailed and the amendment was adopted, a majority of the members serving voting therefor.
Rep. Koetje moved to amend the bill as follows:
1. Amend page 20, line 12, after "301." by inserting "(1)".
2. Amend page 20, following line 13, by inserting:
"(2) The department shall encourage all recipients of the annual child clothing allowance to consider using that allowance at thrift stores or other similar stores whenever possible.".
The motion prevailed and the amendments were adopted, a majority of the members serving voting therefor.
______
Rep. Jacobs moved that Rep. Minore be excused temporarily from today's session.
The motion prevailed.
Rep. Jacobs moved to reconsider the vote by which the House adopted the amendments.
The question being on the motion made by Rep. Jacobs,
Rep. Jacobs demanded the yeas and nays.
The demand was supported.
The question being on the motion made by Rep. Jacobs,
The motion did not prevail, a majority of the members present not voting therefor, by yeas and nays, as follows:
Roll Call No. 321 Yeas--40
| Adamini | Daniels | Lipsey | Rivet |
| Anderson | Garza | Lockwood | Rocca |
| Basham | Gieleghem | Mans | Schauer |
| Bernero | Hale | McConico | Sheltrown |
| Bogardus | Hansen | Murphy | Spade |
| Bovin | Hardman | Neumann | Thomas |
| Brown, B. | Jacobs | O'Neil | Williams |
| Brown, R. | Jamnick | Pestka | Wojno |
| Callahan | Kolb | Plakas | Woodward |
| Clarke, H. | Lemmons | Quarles | Zelenko |
Nays--52
| Allen | Gosselin | Mead | Shulman |
| Birkholz | Hager | Meyer | Stallworth |
| Bisbee | Hart | Middaugh | Stamas |
| Bishop | Howell | Mortimer | Stewart |
| Bradstreet | Jansen | Newell | Switalski |
| Brown, C. | Jelinek | Palmer | Tabor |
| Cassis | Johnson, Rick | Pappageorge | Toy |
| Caul | Johnson, Ruth | Patterson | Van Woerkom |
| Drolet | Julian | Pumford | Vander Roest |
| Ehardt | Koetje | Richardville | Vander Veen |
| George | Kooiman | Richner | Vear |
| Gilbert | Kowall | Scranton | Voorhees |
| Godchaux | LaSata | Shackleton | Woronchak |
In The Chair: Ehardt
Rep. Bernero moved to amend the bill as follows:
1. Amend page 20, following line 10, following section 262, by inserting:
"Sec. 263. The department shall replace all foster care workers and child protection services workers who take an early retirement on a 1-to-1 ratio.".
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 36, following line 13, by inserting:
"Sec. 534. In addition to the funds appropriated in part 1, there is hereby appropriated up to $500,000.00 in federal authority to be allocated to strong families/safe children local multipurpose collaborative bodies for child well-being safety checks. This appropriation is contingent upon the availability of new federal promoting safe and stable families program funds.".
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. 322 Yeas--45
| Adamini | DeWeese | Lipsey | Shackleton |
| Anderson | Frank | Lockwood | Sheltrown |
| Basham | Garza | Mans | Spade |
| Bernero | Gieleghem | McConico | Stallworth |
| Bogardus | Hale | Murphy | Switalski |
| Bovin | Hansen | Neumann | Thomas |
| Brown, B. | Hardman | O'Neil | Waters |
| Brown, R. | Jacobs | Pestka | Williams |
| Callahan | Jamnick | Plakas | Wojno |
| Clarke, H. | Kolb | Reeves | Woodward |
| Daniels | Lemmons | Schauer | Zelenko |
Dennis
Nays--50
| Allen | Gosselin | Mead | Rocca |
| Birkholz | Hager | Meyer | Scranton |
| Bisbee | Hart | Middaugh | Shulman |
| Bishop | Howell | Mortimer | Stamas |
| Brown, C. | Hummel | Newell | Stewart |
| Cassis | Jansen | Palmer | Tabor |
| DeVuyst | Jelinek | Pappageorge | Toy |
| Drolet | Johnson, Rick | Patterson | Van Woerkom |
| Ehardt | Johnson, Ruth | Pumford | Vander Roest |
| Faunce | Julian | Raczkowski | Vander Veen |
| George | Kooiman | Richardville | Vear |
| Gilbert | Kowall | Richner | Voorhees |
Godchaux LaSata
In The Chair: Ehardt
Rep. Phillips moved to amend the bill as follows:
1. Amend page 36, following line 13, by inserting:
"Sec. 534. Funding not distributed from the Teen Pregnancy Prevention Pilot Performance Bonus may be used to support teen pregnancy programs in the city of Pontiac.".
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 48, following line 10, by inserting:
"(5) Work first participants shall be recognized as meeting their educational requirements under this act if they are participating in an in-home educational and or counseling program related to health, mental health, parenting, nutrition, child care, child development, and financial management.".
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. 323 Yeas--44
| Adamini | Daniels | Lemmons | Rivet |
| Anderson | Dennis | Lipsey | Schauer |
| Basham | DeWeese | Lockwood | Sheltrown |
| Bernero | Frank | Mans | Spade |
| Bogardus | Garza | McConico | Stallworth |
| Bovin | Gieleghem | Murphy | Thomas |
| Brown, B. | Hale | Neumann | Waters |
| Brown, R. | Hansen | O'Neil | Williams |
| Callahan | Hardman | Plakas | Wojno |
| Clark, I. | Jacobs | Quarles | Woodward |
| Clarke, H. | Kolb | Reeves | Zelenko |
Nays--58
| Allen | Godchaux | LaSata | Scranton |
| Birkholz | Gosselin | Mead | Shackleton |
| Bisbee | Hager | Meyer | Shulman |
| Bishop | Hart | Middaugh | Stamas |
| Bradstreet | Howell | Mortimer | Stewart |
| Brown, C. | Hummel | Newell | Switalski |
| Cassis | Jansen | Palmer | Tabor |
| Caul | Jelinek | Pappageorge | Toy |
| DeRossett | Johnson, Rick | Patterson | Van Woerkom |
| DeVuyst | 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: Ehardt
Reps. Bob Brown and Tabor moved to amend the bill as follows:
1. Amend page 55, following line 25, by inserting:
"Sec. 667. The department may expend funds necessary to perform child day care provider background checks from fees collected.".
The motion prevailed and the amendment was adopted, a majority of the members serving voting therefor.
Rep. Murphy moved to amend the bill as follows:
1. Amend page 17, following line 21, by inserting:
"(5) The department shall designate an individual to provide information on any new request for proposals available through the department to faith-based, community-based, and nonprofit organizations which have requested to be notified.".
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 36, following line 13, by inserting:
"Sec. 534. The department shall provide a quarterly report concerning children's protective services to the house and senate appropriations subcommittees on the family independence agency, house and senate standing committees having jurisdiction over human services matters, the house and senate fiscal agencies, and the house and senate policy offices that contains all of the following information:
(a) The number of child abuse or neglect reports received, listed by county, and the number of those child abuse or neglect reports that were assigned for investigation.
(b) The total number of assigned referrals listed by district and caseworker.
(c) The total number of assigned referrals listed by caseworker.
(d) The total number of opened cases listed by caseworker.".
The motion did not prevail and the amendment was not adopted, a majority of the members serving not voting therefor.
Rep. Bernero moved to reconsider the vote by which the House did not adopt the amendment.
The question being on the motion made by Rep. Bernero,
Rep. Bernero demanded the yeas and nays.
The demand was supported.
The question being on the motion made by Rep. Bernero,
The motion did not prevail, a majority of the members present not voting therefor, by yeas and nays, as follows:
Roll Call No. 324 Yeas--44
| Adamini | Daniels | Lipsey | Schauer |
| Anderson | Frank | Lockwood | Sheltrown |
| Basham | Garza | Mans | Spade |
| Bernero | Gieleghem | McConico | Stallworth |
| Bogardus | Hale | Murphy | Switalski |
| Bovin | Hansen | Neumann | Thomas |
| Brown, B. | Hardman | O'Neil | Waters |
| Brown, R. | Jacobs | Pestka | Williams |
| Callahan | Jamnick | Quarles | Wojno |
| Clark, I. | Kolb | Reeves | Woodward |
| Clarke, H. | Lemmons | Rivet | Zelenko |
Nays--53
| Allen | Gilbert | Kowall | Rocca |
| Birkholz | Godchaux | Kuipers | Shackleton |
| Bishop | Gosselin | LaSata | Shulman |
| Bradstreet | Hager | Mead | Stamas |
| Brown, C. | Hart | Meyer | Stewart |
| Cassis | Howell | Middaugh | Tabor |
| Caul | Hummel | Mortimer | Toy |
| DeRossett | Jansen | Newell | Van Woerkom |
| DeVuyst | Jelinek | Palmer | Vander Roest |
| DeWeese | Johnson, Ruth | Patterson | Vander Veen |
| Drolet | Julian | Pumford | Vear |
| Ehardt | Koetje | Richardville | Voorhees |
| Faunce | Kooiman | Richner | Woronchak |
George
In The Chair: Ehardt
Rep. Schauer moved to amend the bill as follows:
1. Amend page 5, line 8 by striking out "77,604,700" and inserting "81,604,700".
2. Amend page 5, line 24, by striking out "361,716,300" and inserting "365,716,300" and adjusting the subtotals, totals, and section 201 accordingly.
3. Amend page 36, following line 13, by inserting:
"Sec. 534. From the funds appropriated in part 1 for family preservation and prevention services, the department shall allocate $4,000,000.00 in TANF to maintain teen pregnancy reduction pilots.".
The question being on the adoption of the amendments offered by Rep. Schauer,
Rep. Schauer demanded the yeas and nays.
The demand was supported.
The question being on the adoption of the amendments offered by Rep. Schauer,
The amendments were not adopted, a majority of the members serving not voting therefor, by yeas and nays, as follows:
Roll Call No. 325 Yeas--47
| Adamini | Dennis | Lipsey | Schauer |
| Anderson | DeWeese | Lockwood | Sheltrown |
| Basham | Frank | Mans | Spade |
| Bernero | Garza | McConico | Stallworth |
| Bogardus | Gieleghem | Murphy | Switalski |
| Bovin | Hale | Neumann | Thomas |
| Brown, B. | Hansen | O'Neil | Waters |
| Brown, R. | Hardman | Pestka | Williams |
| Callahan | Jacobs | Plakas | Wojno |
| Clark, I. | Jamnick | Quarles | Woodward |
| Clarke, H. | Kolb | Reeves | Zelenko |
| Daniels | Lemmons | Rivet |
Nays--57
| Allen | Godchaux | Kuipers | Rocca |
| Birkholz | Gosselin | LaSata | Scranton |
| Bisbee | Hager | Mead | Shackleton |
| Bishop | Hart | Meyer | Shulman |
| Bradstreet | Howell | Middaugh | Stamas |
| Brown, C. | Hummel | Mortimer | Stewart |
| Cassis | Jansen | Newell | Tabor |
| Caul | Jelinek | Palmer | Toy |
| DeRossett | Johnson, Rick | Pappageorge | Van Woerkom |
| DeVuyst | Johnson, Ruth | Patterson | Vander Roest |
| Drolet | Julian | Pumford | Vander Veen |
| Ehardt | Koetje | Raczkowski | Vear |
| Faunce | Kooiman | Richardville | Voorhees |
| George | Kowall | Richner | Woronchak |
Gilbert
In The Chair: Ehardt
Rep. Bernero moved to amend the bill as follows:
1. Amend page 36, following line 13, by inserting:
"Sec. 534. The department shall provide a quarterly report concerning children's protective services to the house and senate appropriations subcommittees on the family independence agency, house and senate standing committees having jurisdiction over human services matters, the house and senate fiscal agencies, and the house and senate policy offices that contains the following information:
(a) The number of child abuse or neglect reports received, listed by county, and the number of those child abuse or neglect reports that were assigned for investigation.
(b) The total number of assigned referrals listed by district and caseworker.
(c) The total number of assigned referrals listed by caseworker.
(d) The total number of opened cases listed by caseworker.".
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. 326 Yeas--46
| Adamini | DeWeese | Lockwood | Rivet |
| Anderson | Frank | Mans | Schauer |
| Basham | Garza | McConico | Sheltrown |
| Bernero | Gieleghem | Murphy | Spade |
| Bogardus | Hale | Neumann | Stallworth |
| Bovin | Hansen | O'Neil | Switalski |
| Brown, R. | Hardman | Pestka | Thomas |
| Callahan | Jacobs | Plakas | Waters |
| Clark, I. | Jamnick | Quarles | Williams |
| Clarke, H. | Kolb | Raczkowski | Woodward |
| Daniels | Lemmons | Reeves | Zelenko |
Dennis Lipsey
Nays--58
| Allen | Gilbert | Kuipers | Scranton |
| Birkholz | Godchaux | LaSata | Shackleton |
| Bisbee | Gosselin | Mead | Shulman |
| Bishop | Hager | Meyer | Stamas |
| Bradstreet | Hart | Middaugh | Stewart |
| Brown, B. | Howell | Mortimer | Tabor |
| Brown, C. | Hummel | Newell | Toy |
| Cassis | Jansen | Palmer | Van Woerkom |
| Caul | Jelinek | Pappageorge | Vander Roest |
| DeRossett | Johnson, Rick | Patterson | Vander Veen |
| DeVuyst | Johnson, Ruth | Pumford | Vear |
| Drolet | Julian | Richardville | Voorhees |
| Ehardt | Koetje | Richner | Wojno |
| Faunce | Kooiman | Rocca | Woronchak |
George Kowall
In The Chair: Ehardt
Rep. Bob Brown moved to amend the bill as follows:
1. Amend page 36, following line 13, by striking out all of section 534 and inserting:
"Sec. 534. Funding not distributed from the Teen Pregnancy Prevention Pilot Performance Bonus may be used to support teen pregnancy prevention programs in the city of Pontiac.".
The motion prevailed and the amendment was adopted, a majority of the members serving voting therefor.
______
Rep. Julian moved that Rep. Toy be excused temporarily from today's session.
The motion prevailed.
Reps. Howell and Rich Brown moved to amend the bill as follows:
1. Amend page 9, line 9, by striking out "45,787,100" and inserting "47,355,101" and adjusting the subtotals, totals, and section 201 accordingly.
2. Amend page 41, line 23, by striking out "$1,114.00" and inserting "$1,311.00".
3. Amend page 41, line 23, after "follows:" by striking out "$710.00" and inserting "$835.00".
4. Amend page 41, line 24, after "directors;" by striking out "$234.00" and inserting "$275.00".
5. Amend page 41, line 24, after "and" by striking out "$170.00" and inserting "$201.00".
The question being on the adoption of the amendments offered by Reps. Howell and Rich Brown,
Rep. Howell demanded the yeas and nays.
The demand was supported.
The question being on the adoption of the amendments offered by Reps. Howell and Rich Brown,
The amendments were adopted, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 327 Yeas--86
| Adamini | Faunce | Mans | Rocca |
| Anderson | Frank | McConico | Schauer |
| Basham | Garza | Mead | Shackleton |
| Bernero | George | Meyer | Sheltrown |
| Birkholz | Gieleghem | Middaugh | Spade |
| Bisbee | Hager | Mortimer | Stallworth |
| Bishop | Hale | Murphy | Stamas |
| Bogardus | Hansen | Neumann | Stewart |
| Bovin | Hardman | Newell | Switalski |
| Bradstreet | Howell | O'Neil | Thomas |
| Brown, B. | Jacobs | Pappageorge | Van Woerkom |
| Brown, C. | Jamnick | Patterson | Vander Roest |
| Brown, R. | Jelinek | Pestka | Vander Veen |
| Callahan | Johnson, Ruth | Plakas | Vear |
| Cassis | Julian | Pumford | Voorhees |
| Caul | Koetje | Quarles | Waters |
| Clark, I. | Kolb | Raczkowski | Williams |
| Clarke, H. | Kowall | Reeves | Wojno |
| Daniels | Kuipers | Richardville | Woodward |
| Dennis | Lemmons | Richner | Woronchak |
| DeWeese | Lipsey | Rivet | Zelenko |
Ehardt Lockwood
Nays--16
| Allen | Godchaux | Jansen | Palmer |
| DeRossett | Gosselin | Johnson, Rick | Scranton |
| DeVuyst | Hart | Kooiman | Shulman |
| Drolet | Hummel | LaSata | Tabor |
In The Chair: Ehardt
Rep. Plakas moved to amend the bill as follows:
1. Amend page 20, following line 10, following section 263, by inserting:
"Sec. 264. The department shall not take disciplinary action against an employee that communicates with a member of the legislature or their staff.".
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 adopted, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 328 Yeas--102
| Adamini | Faunce | Kuipers | Rivet |
| Allen | Frank | LaSata | Rocca |
| Anderson | Garza | Lemmons | Schauer |
| Basham | George | Lipsey | Scranton |
| Bernero | Gieleghem | Lockwood | Shackleton |
| Birkholz | Gilbert | Mans | Sheltrown |
| Bisbee | Godchaux | McConico | Shulman |
| Bishop | Gosselin | Mead | Spade |
| Bogardus | Hager | Meyer | Stallworth |
| Bovin | Hale | Middaugh | Stamas |
| Bradstreet | Hansen | Mortimer | Stewart |
| Brown, B. | Hardman | Murphy | Switalski |
| Brown, C. | Hart | Neumann | Tabor |
| Brown, R. | Howell | Newell | Thomas |
| Callahan | Hummel | O'Neil | Van Woerkom |
| Cassis | Jacobs | Palmer | Vander Roest |
| Caul | Jamnick | Pappageorge | Vander Veen |
| Clark, I. | Jansen | Patterson | Vear |
| Clarke, H. | Jelinek | Pestka | Voorhees |
| Daniels | Johnson, Rick | Plakas | Waters |
| Dennis | Johnson, Ruth | Pumford | Williams |
| DeRossett | Julian | Quarles | Wojno |
| DeVuyst | Koetje | Raczkowski | Woodward |
| DeWeese | Kolb | Richardville | Woronchak |
| Drolet | Kooiman | Richner | Zelenko |
Ehardt Kowall
Nays--0
In The Chair: Ehardt
Rep. Jansen moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
Rep. Middaugh moved that the bill be placed on its immediate passage.
The motion prevailed, a majority of the members serving voting therefor.
By unanimous consent the House returned to the order of
Third Reading of Bills
House Bill No. 5645, 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, 2003; 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 third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 329 Yeas--99
| Adamini | Frank | LaSata | Schauer |
| Allen | Garza | Lemmons | Scranton |
| Anderson | George | Lipsey | Shackleton |
| Basham | Gieleghem | Lockwood | Sheltrown |
| Bernero | Gilbert | Mans | Shulman |
| Birkholz | Godchaux | McConico | Spade |
| Bisbee | Hager | Mead | Stallworth |
| Bishop | Hale | Meyer | Stamas |
| Bovin | Hansen | Middaugh | Stewart |
| Bradstreet | Hardman | Mortimer | Switalski |
| Brown, B. | Hart | Murphy | Tabor |
| Brown, C. | Howell | Neumann | Thomas |
| Brown, R. | Hummel | Newell | Toy |
| Callahan | Jacobs | O'Neil | Van Woerkom |
| Cassis | Jamnick | Palmer | Vander Roest |
| Caul | Jansen | Pappageorge | Vander Veen |
| Clark, I. | Jelinek | Patterson | Vear |
| Clarke, H. | Johnson, Rick | Pestka | Voorhees |
| Daniels | Johnson, Ruth | Plakas | Waters |
| Dennis | Julian | Pumford | Williams |
| DeRossett | Koetje | Quarles | Wojno |
| DeVuyst | Kolb | Raczkowski | Woodward |
| DeWeese | Kooiman | Reeves | Woronchak |
| Ehardt | Kowall | Richardville | Zelenko |
| Faunce | Kuipers | Richner |
Nays--5
Bogardus Gosselin Rivet Rocca
Drolet
In The Chair: Ehardt
The House agreed to the title of the bill.
______
Associate Speaker Pro Tempore Julian assumed the Chair.
Senate Bill No. 397, entitled
A bill to designate an official fossil of this state.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 330 Yeas--75
| Adamini | Ehardt | Lemmons | Scranton |
| Anderson | Faunce | Lipsey | Shackleton |
| Basham | Frank | Lockwood | Shulman |
| Bernero | George | Mans | Spade |
| Birkholz | Gieleghem | McConico | Stallworth |
| Bisbee | Godchaux | Mortimer | Stamas |
| Bishop | Gosselin | Murphy | Stewart |
| Bogardus | Hager | Neumann | Tabor |
| Bovin | Hale | Newell | Thomas |
| Bradstreet | Hansen | O'Neil | Toy |
| Brown, B. | Hart | Pappageorge | Van Woerkom |
| Brown, R. | Howell | Patterson | Vander Veen |
| Cassis | Jacobs | Pestka | Voorhees |
| Caul | Jamnick | Plakas | Williams |
| Clark, I. | Johnson, Ruth | Pumford | Wojno |
| Daniels | Julian | Raczkowski | Woodward |
| Dennis | Koetje | Richardville | Woronchak |
| DeRossett | Kolb | Richner | Zelenko |
| DeWeese | Kowall | Schauer |
Nays--26
| Allen | Hardman | LaSata | Rocca |
| Brown, C. | Hummel | Mead | Sheltrown |
| Callahan | Jansen | Meyer | Switalski |
| Clarke, H. | Jelinek | Middaugh | Vander Roest |
| DeVuyst | Johnson, Rick | Palmer | Vear |
| Drolet | Kooiman | Rivet | Waters |
Gilbert Kuipers
In The Chair: Julian
The House agreed to the title of the bill.
Rep. Richardville moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
______
Rep. Middaugh, having reserved the right to explain her protest against the passage of the bill, made the following statement:
"Mr. Speaker and members of the House:
I believe we have more important business to do and protest taking up time on this issue."
Rep. Clarke, having reserved the right to explain his protest against the passage of the bill, made the following statement:
"Mr. Speaker and members of the House:
There are far more important issues affecting Michigan families that this legislature could address rather than naming a state fossil."
Second Reading of Bills
House Bill No. 5646, entitled
A bill to make appropriations for the departments of attorney general, civil rights, civil service, information technology, management and budget, state, and treasury, the executive office, and the legislative branch for the fiscal years ending September 30, 2002 and September 30, 2003; 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, 2003; 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. Pappageorge moved to amend the bill as follows:
1. Amend page 2, line 25, by striking out "378,262,100" and inserting "378,262,800".
2. Amend page 24, line 15, by striking out "128,554,200" and inserting "128,554,900".
The motion prevailed and the amendments were adopted, a majority of the members serving voting therefor.
Rep. Pappageorge moved to amend the bill as follows:
1. Amend page 21, line 5, by striking out "65,280,400" and inserting "58,787,400".
2. Amend page 21, line 15, by striking out "57,323,800" and inserting "50,830,800" 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. Patterson moved to amend the bill as follows:
1. Amend page 31, line 3, by striking out "846,500,400" and inserting "958,500,000" and adjusting the subtotals, totals, and section accordingly.
The motion did not prevail and the amendment was not adopted, a majority of the members serving not voting therefor.
Rep. Patterson moved to amend the bill as follows:
1. Amend page 62, following line 2, by inserting:
"Sec. 718. From the funds appropriated in part 1 to the department of management and budget, the department of management and budget shall not, after the forms that are presently in stock are depleted and new forms are to be ordered, print or authorize the printing of a form that references a city or village, unless that form also references a township in the same size print and same font as the city or village is referenced.".
The motion prevailed and the amendment was adopted, a majority of the members serving not voting therefor.
Rep. Reeves moved to amend the bill as follows:
1. Amend page 49, following line 17, by inserting:
"Sec. 576. When used in this act, "information technology services" means services involving all aspects of managing and processing information including, but not limited to, all of the following:
(a) Application development and maintenance.
(b) Desktop computer support and management.
(c) Mainframe computer support and management.
(d) Server support and management.
(e) Local area network support and management.
(f) Information technology contract, project, and procurement management.
(g) Information technology planning and budget management.
(h) Telecommunication services, security, infrastructure, and support.".
The motion prevailed and the amendment was adopted, a majority of the members serving voting therefor.
Rep. Reeves moved to amend the bill as follows:
1. Amend page 69, following line 7, by inserting:
"Sec. 817. (1) From the funds appropriated in part 1, the department of state shall authorize individuals residing in a local unit of government in which a secretary of state branch office is closed or consolidated in fiscal year 2002-2003 to register to vote on the same day of an election and to vote in that election.
(2) An individual wishing to register under this section shall apply in person at the location designated for election day registration by the city, township, or village clerk. The individual shall execute in duplicate a registration application and attestation form that complies with the registration requirements of the Michigan election law, 1954 PA 116, MCL 168.1 to 168.992. Unless the individual provides proof of identity using his or her official state personal identification card issued under 1972 PA 222, MCL 28.291 to 28.300, operator's or chauffeur's license issued under the Michigan vehicle code, 1949 PA 300, MCL 257.1 to 257.923, or other generally recognized picture identification, the individual must corroborate the material statements in the registration application and attestation by presenting proof of residency and signing the attestation in the presence of the clerk or an assistant clerk. An individual who signs an attestation of a material statement that is false is guilty of a misdemeanor.
(3) If an individual applying under this section is entitled to be registered, the clerk or assistant clerk shall sign the application, noting on it that the individual is a registered elector. A precinct inspector shall permit the elector to vote in the election being held on that day after the elector's compliance with all of the following:
(a) The elector presents, at the proper precinct, 1 of the duplicate registration and attestation forms signed by the clerk or an assistant clerk.
(b) The elector complies with all other requirements for obtaining a ballot under the Michigan election law, 1954 PA 116, MCL 168.1 to 168.992.
(4) The clerk of each city, township, or village that is conducting an election shall designate 1 or more public places at which individuals can apply to register to vote on the day of the election as provided in this section. If the city's, township's, or village's population is more than 250,000, the clerk shall designate at least 1 public place for the purpose of this section for each 250,000 or fraction of 250,000.
(5) The clerk or an assistant clerk shall not accept a fee from an individual or on behalf of an individual applying to register to vote under this section. A clerk or assistant clerk who violates this subsection is guilty of a misdemeanor.".
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. 331 Yeas--45
| Adamini | Dennis | Lipsey | Rivet |
| Anderson | Frank | Lockwood | Schauer |
| Basham | Garza | Mans | Sheltrown |
| Bernero | Gieleghem | McConico | Spade |
| Bogardus | Hale | Murphy | Stallworth |
| Bovin | Hansen | Neumann | Thomas |
| Brown, B. | Hardman | O'Neil | Waters |
| Brown, R. | Jacobs | Pestka | Williams |
| Callahan | Jamnick | Plakas | Wojno |
| Clark, I. | Kolb | Quarles | Woodward |
| Clarke, H. | Lemmons | Reeves | Zelenko |
Daniels
Nays--58
| Allen | Godchaux | LaSata | Scranton |
| Birkholz | Gosselin | Mead | Shackleton |
| Bisbee | Hager | Meyer | Shulman |
| Bishop | Hart | Middaugh | Stamas |
| Bradstreet | Howell | Mortimer | Stewart |
| Brown, C. | Hummel | Newell | Switalski |
| Cassis | Jansen | Palmer | Tabor |
| Caul | Jelinek | Pappageorge | Toy |
| DeRossett | Johnson, Rick | Patterson | Van Woerkom |
| DeVuyst | 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
Rep. Murphy moved to amend the bill as follows:
1. Amend page 10, line 19, by striking out "29,341,300" and inserting "27,341,300".
2. Amend page 21, line 5, by striking out "65,280,400" and inserting "67,280,400" and adjusting the subtotals, totals, and section 201 accordingly.
The motion did not prevail and the amendments were not adopted, a majority of the members serving not voting therefor.
Rep. Murphy moved to amend the bill as follows:
1. Amend page 32, following line 2, by inserting:
"PART 1A
LINE-ITEM APPROPRIATIONS FOR FISCAL YEAR 2001-2002
Sec. 151. Subject to the conditions set forth in this act, the amounts listed in this part are appropriated for the departments of information technology and state, and certain other state purposes, for the fiscal year ending September 30, 2002, from the funds indicated in this part. The following is a summary of the appropriations in this part:
TOTAL GENERAL GOVERNMENT
APPROPRIATION SUMMARY:
GROSS APPROPRIATION $ 0
Interdepartmental grant revenues:
Total interdepartmental grants and intradepartmental transfers 0
ADJUSTED GROSS APPROPRIATION $ 0
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 $ 0
Sec. 152. DEPARTMENT OF INFORMATION TECHNOLOGY
(1) APPROPRIATIONS SUMMARY:
GROSS APPROPRIATION $ (2,000,000)
Interdepartmental grant revenues:
Total interdepartmental grants and intradepartmental transfers 0
ADJUSTED GROSS APPROPRIATION $ (2,000,000)
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 $ (2,000,000)
(2) INFORMATION TECHNOLOGY SERVICES
| Enterprise wide services | $ | (2,000,000) |
| GROSS APPROPRIATION | $ | (2,000,000) |
Appropriated from:
State general fund/general purpose $ (2,000,000)
Sec. 153. DEPARTMENT OF STATE
(1) APPROPRIATIONS SUMMARY:
GROSS APPROPRIATION $ 2,000,000
Interdepartmental grant revenues:
Total interdepartmental grants and intradepartmental transfers 0
ADJUSTED GROSS APPROPRIATION $ 2,000,000
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 $ 2,000,000
(2) CUSTOMER DELIVERY SERVICES
| Branch operations | $ | 2,000,000 |
| GROSS APPROPRIATIONS | $ | 2,000,000 |
Appropriated from:
State general fund/general purpose $ 2,000,000"
and adjusting the subtotals, totals, and section 201 accordingly.
2. Amend page 91, following line 6, by inserting:
"Sec. 1200. Pursuant to section 30 of article IX of the state constitution of 1963, total state spending from state resources under part 1 for fiscal year 2001-2002 is $0.00 and state spending from state sources to be paid to local units of government for fiscal year 2001-2002 is $0.00.".
3. Amend page 92, following line 11, by inserting:
"DEPARTMENT OF INFORMATION TECHNOLOGY
Sec. 1401. The $2,000,000.00 appropriated to the department of state for branch operations from the department of information technology shall be made available by a reduction in the appropriation for the e-Michigan office, which was created pursuant to executive order 2000-6, effective May 1, 2000. The original appropriation for the e-Michigan office occurred in 2000 PA 291 and was considered a work project account. A subsequent appropriation for the e-Michigan office occurred in 2001 PA 81. Executive order 2001-3, effective October 14, 2001, established the department of information technology, to which all funding for e-Michigan was transferred.".
The question being on the adoption of the amendments offered by Rep. Murphy,
Rep. Murphy demanded the yeas and nays.
The demand was supported.
The question being on the adoption of the amendments offered by Rep. Murphy,
The amendments were not adopted, a majority of the members serving not voting therefor, by yeas and nays, as follows:
Roll Call No. 332 Yeas--47
| Adamini | Dennis | Lockwood | Sheltrown |
| Anderson | Frank | Mans | Spade |
| Basham | Garza | McConico | Stallworth |
| Bernero | Gieleghem | Murphy | Switalski |
| Bogardus | Hale | Neumann | Thomas |
| Bovin | Hansen | O'Neil | Van Woerkom |
| Brown, B. | Hardman | Pestka | Waters |
| Brown, R. | Jacobs | Plakas | Williams |
| Callahan | Jamnick | Quarles | Wojno |
| Clark, I. | Kolb | Reeves | Woodward |
| Clarke, H. | Lemmons | Rivet | Zelenko |
| Daniels | Lipsey | Schauer |
Nays--57
| Allen | Gilbert | Kowall | Richner |
| Birkholz | Godchaux | Kuipers | Rocca |
| Bisbee | Gosselin | LaSata | Scranton |
| Bishop | Hager | Mead | Shackleton |
| Bradstreet | Hart | Meyer | Shulman |
| Brown, C. | Howell | Middaugh | Stamas |
| Cassis | Hummel | Mortimer | Stewart |
| Caul | Jansen | Newell | Tabor |
| DeRossett | Jelinek | Palmer | Toy |
| DeVuyst | Johnson, Rick | Pappageorge | Vander Roest |
| DeWeese | Johnson, Ruth | Patterson | Vander Veen |
| Drolet | Julian | Pumford | Vear |
| Ehardt | Koetje | Raczkowski | Voorhees |
| Faunce | Kooiman | Richardville | Woronchak |
George
In The Chair: Julian
______
The Speaker resumed the Chair.
Quorum Call
Rep. Middaugh questioned the presence of a quorum and moved that the roll be called and printed in the Journal.
The motion prevailed.
The roll was called and the Clerk announced that a quorum was present.
The following is the roll call:
Roll Call No. 333 Yeas--76
| Allen | Gieleghem | Kowall | Rivet |
| Anderson | Gilbert | Kuipers | Rocca |
| Basham | Godchaux | LaSata | Shackleton |
| Bernero | Gosselin | Lipsey | Sheltrown |
| Bishop | Hager | McConico | Shulman |
| Bradstreet | Hale | Mead | Spade |
| Brown, C. | Hansen | Meyer | Stallworth |
| Caul | Hardman | Middaugh | Stewart |
| Clark, I. | Hart | Murphy | Switalski |
| Daniels | Howell | Newell | Tabor |
| Dennis | Hummel | O'Neil | Toy |
| DeRossett | Jacobs | Palmer | Van Woerkom |
| DeVuyst | Jamnick | Pappageorge | Vander Veen |
| Drolet | Jansen | Patterson | Voorhees |
| Ehardt | Jelinek | Pestka | Waters |
| Faunce | Johnson, Rick | Pumford | Williams |
| Frank | Julian | Quarles | Wojno |
| Garza | Koetje | Reeves | Woodward |
| George | Kooiman | Richardville | Woronchak |
In The Chair: Johnson, Rick
______
Associate Speaker Pro Tempore Ehardt resumed the Chair.
Rep. Vander Roest moved that Reps. Raczkowski and Shackleton be excused temporarily from today's session.
The motion prevailed.
Rep. Godchaux moved that Rep. Scranton be excused temporarily from today's session.
The motion prevailed.
Rep. Jacobs moved that Reps. Adamini, Bogardus, Bob Brown, Rich Brown, Lockwood, Mans, Minore, Neumann, Plakas, Thomas and Zelenko be excused temporarily from today's session.
The motion prevailed.
Rep. Switalski moved to amend the bill as follows:
1. Amend page 31, line 3, by striking out "846,500,000" and inserting "871,491,700".
2. Amend page 31, line 4, by striking out "10,000,000" and inserting "1,655,000".
3. Amend page 31, line 9, by striking out "10,000,000" and inserting "26,646,700" and adjusting the subtotals, totals, and section 201 accordingly.
The question being on the adoption of the amendments offered by Rep. Switalski,
Rep. Switalski demanded the yeas and nays.
The demand was supported.
The question being on the adoption of the amendments offered by Rep. Switalski,
The amendments were not adopted, a majority of the members serving not voting therefor, by yeas and nays, as follows:
Roll Call No. 334 Yeas--38
| Anderson | Garza | McConico | Sheltrown |
| Basham | Gieleghem | Murphy | Spade |
| Bernero | Hale | O'Neil | Stallworth |
| Bovin | Hansen | Pestka | Switalski |
| Callahan | Hardman | Quarles | Waters |
| Clark, I. | Jacobs | Reeves | Williams |
| Clarke, H. | Jamnick | Rivet | Wojno |
| Daniels | Kolb | Rocca | Woodward |
| Dennis | Lemmons | Schauer | Woronchak |
Frank Lipsey
Nays--52
| Allen | George | Koetje | Pumford |
| Birkholz | Gilbert | Kooiman | Richardville |
| Bisbee | Godchaux | Kowall | Richner |
| Bishop | Gosselin | Kuipers | Shulman |
| Bradstreet | Hager | LaSata | Stamas |
| Brown, C. | Hart | Mead | Stewart |
| Cassis | Howell | Meyer | Tabor |
| Caul | Hummel | Middaugh | Toy |
| DeRossett | Jansen | Mortimer | Van Woerkom |
| DeVuyst | Jelinek | Newell | Vander Roest |
| Drolet | Johnson, Rick | Palmer | Vander Veen |
| Ehardt | Johnson, Ruth | Pappageorge | Vear |
| Faunce | Julian | Patterson | Voorhees |
In The Chair: Ehardt
Rep. Murphy moved to amend the bill as follows:
1. Amend page 86, following line 15, by inserting:
"Sec. 937. (1) The department shall designate a children's trustee who shall have the responsibility for unclaimed property that is paid or delivered to the administrator. The children's trustee has control over and is responsible for the proper distribution of undisbursed child support. The children's trustee has the power or duty to the exclusion of the administrator, but only as to undisbursed child support.
(2) Annually before February 1, the children's trustee shall report to the appropriations committees of the senate and house of representatives all of the following for the previous fiscal year:
(a) Amount of undisbursed child support paid to the undisbursed child support fund.
(b) Number of children who received money from the undisbursed child support fund.
(c) Recommendations for the future distribution of money from the undisbursed child support fund.
(d) The administrator shall provide the children's trustee with sufficient staff and other resources for the children's trustee to carry out his or her duties.
(e) The children's trustee shall ensure that a holder of undisbursed child support reports the names of possible recipients of the undisbursed child support.
(3) Ensure that published notices shall include notice of names of payees of undisbursed child support, and shall include, as possible owners of undisbursed child support, the names of the custodial parent and each child for whom support has been paid. Notices shall include public service announcements on filing a claim for undisbursed child support.
(4) The children's trustee shall conduct a diligent search for identifying information for each owner of undisbursed child support listed in the notice published under this section on all of the family independence agency's electronic data systems, including, but not limited to, the client information system, client services system, child support automation systems, state parent locator services, and federal parent locator service. The electronic data source shall not be released for databases containing confidential information.
(5) For purposes of this section, "undisbursed child support" means money paid as child support to a friend of the court or the state disbursement unit that is reportable and payable to the children's trustee under this section.
(6) For purposes of this section, "friend of the court" means an office of the friend of the court created under section 3 of the friend of the court act, 1982 PA 294, MCL 552.503.
(7) For purposes of this section, "children's trustee" means the position established with the responsibility for undisbursed child support collections.".
The question being on the adoption of the amendment offered by Rep. Murphy,
Rep. Murphy demanded the yeas and nays.
The demand was supported.
The question being on the adoption of the amendment offered by Rep. Murphy,
The amendment was not adopted, a majority of the members serving not voting therefor, by yeas and nays, as follows:
Roll Call No. 335 Yeas--35
| Anderson | Frank | Lipsey | Spade |
| Basham | Garza | McConico | Stallworth |
| Bernero | Gieleghem | Murphy | Switalski |
| Bovin | Hale | O'Neil | Waters |
| Callahan | Hansen | Pestka | Williams |
| Clark, I. | Jacobs | Quarles | Wojno |
| Clarke, H. | Jamnick | Reeves | Woodward |
| Daniels | Kolb | Schauer | Zelenko |
| Dennis | Lemmons | Sheltrown |
Nays--57
| Allen | Godchaux | Kowall | Rivet |
| Birkholz | Gosselin | Kuipers | Rocca |
| Bisbee | Hager | LaSata | Shackleton |
| Bishop | Hardman | Mead | Shulman |
| Bradstreet | Hart | Meyer | Stamas |
| Brown, C. | Howell | Middaugh | Stewart |
| Cassis | Hummel | Mortimer | Tabor |
| Caul | Jansen | Newell | Toy |
| DeRossett | Jelinek | Palmer | Van Woerkom |
| DeVuyst | Johnson, Rick | Pappageorge | Vander Roest |
| Drolet | Johnson, Ruth | Patterson | Vander Veen |
| Ehardt | Julian | Pumford | Vear |
| Faunce | Koetje | Richardville | Voorhees |
| George | Kooiman | Richner | Woronchak |
Gilbert
In The Chair: Ehardt
______
Rep. Kooiman moved that Rep. DeWeese be excused temporarily from today's session.
The motion prevailed.
Rep. Murphy moved to amend the bill as follows:
1. Amend page 10, line 19, by striking out "29,341,300" and inserting "27,341,350".
2. Amend page 21, line 5, by striking out "65,280,400" and inserting "67,280,450" and adjusting the subtotals, totals, and section 201 accordingly.
The question being on the adoption of the amendments offered by Rep. Murphy,
Rep. Murphy demanded the yeas and nays.
The demand was supported.
The question being on the adoption of the amendments offered by Rep. Murphy,
The amendments were not adopted, a majority of the members serving not voting therefor, by yeas and nays, as follows:
Roll Call No. 336 Yeas--39
| Anderson | Gieleghem | McConico | Spade |
| Basham | Hale | Murphy | Stallworth |
| Bernero | Hansen | Neumann | Switalski |
| Bovin | Hardman | O'Neil | Van Woerkom |
| Callahan | Jacobs | Pestka | Waters |
| Clark, I. | Jamnick | Quarles | Williams |
| Clarke, H. | Kolb | Reeves | Wojno |
| Daniels | Lemmons | Rivet | Woodward |
| Dennis | Lipsey | Schauer | Zelenko |
| Frank | Lockwood | Sheltrown |
Nays--54
| Allen | Gilbert | Kowall | Richner |
| Birkholz | Godchaux | Kuipers | Rocca |
| Bisbee | Gosselin | LaSata | Shackleton |
| Bishop | Hager | Mead | Shulman |
| Bradstreet | Hart | Meyer | Stamas |
| Brown, C. | Howell | Middaugh | Stewart |
| Cassis | Hummel | Mortimer | Tabor |
| Caul | Jansen | Newell | Toy |
| DeRossett | Jelinek | Palmer | Vander Roest |
| DeVuyst | Johnson, Rick | Pappageorge | Vander Veen |
| Drolet | Johnson, Ruth | Patterson | Vear |
| Ehardt | Julian | Pumford | Voorhees |
| Faunce | Koetje | Richardville | Woronchak |
George Kooiman
In The Chair: Ehardt
Rep. Frank moved to amend the bill as follows:
1. Amend page 11, line 26, by striking out "14,773,700" and inserting "15,678,700" and adjusting the subtotals, totals, and section 201 accordingly.
The question being on the adoption of the amendment offered by Rep. Frank,
Rep. Frank demanded the yeas and nays.
The demand was supported.
The question being on the adoption of the amendment offered by Rep. Frank,
The amendment was not adopted, a majority of the members serving not voting therefor, by yeas and nays, as follows:
Roll Call No. 337 Yeas--44
| Anderson | Frank | Lipsey | Schauer |
| Basham | Garza | Lockwood | Sheltrown |
| Bernero | Gieleghem | McConico | Spade |
| Bogardus | Hale | Minore | Stallworth |
| Bovin | Hansen | Murphy | Stewart |
| Callahan | Hardman | Neumann | Switalski |
| Caul | Jacobs | O'Neil | Waters |
| Clark, I. | Jamnick | Pestka | Williams |
| Clarke, H. | Kolb | Quarles | Wojno |
| Daniels | LaSata | Reeves | Woodward |
| Dennis | Lemmons | Rivet | Zelenko |
Nays--52
| Allen | George | Koetje | Richardville |
| Birkholz | Gilbert | Kooiman | Richner |
| Bisbee | Godchaux | Kowall | Rocca |
| Bishop | Gosselin | Kuipers | Shulman |
| Bradstreet | Hager | Mead | Stamas |
| Brown, C. | Hart | Meyer | Tabor |
| Cassis | Howell | Middaugh | Toy |
| DeRossett | Hummel | Mortimer | Van Woerkom |
| DeVuyst | Jansen | Newell | Vander Roest |
| DeWeese | Jelinek | Palmer | Vander Veen |
| Drolet | Johnson, Rick | Pappageorge | Vear |
| Ehardt | Johnson, Ruth | Patterson | Voorhees |
| Faunce | Julian | Pumford | Woronchak |
In The Chair: Ehardt
Rep. Frank moved to amend the bill as follows:
1. Amend page 49, following line 17, following section 576, by inserting:
"Sec. 577. Funds appropriated in part 1 shall not be used by the department of information technology to compensate a state contractor who is convicted of a criminal offense in connection with performing duties related to fulfilling the contract with the state. The department of information technology shall request an audit of the expenses of any state contractor who is convicted of a criminal offense.".
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. 338 Yeas--42
| Anderson | Frank | Lockwood | Rivet |
| Basham | Garza | McConico | Schauer |
| Bernero | Gieleghem | Middaugh | Sheltrown |
| Birkholz | Hale | Minore | Spade |
| Bogardus | Hansen | Murphy | Stallworth |
| Bovin | Hardman | Neumann | Waters |
| Callahan | Jacobs | O'Neil | Williams |
| Clark, I. | Jamnick | Patterson | Wojno |
| Clarke, H. | Kolb | Pestka | Woodward |
| Daniels | Lemmons | Reeves | Zelenko |
Dennis Lipsey
Nays--53
| Allen | Gilbert | Kooiman | Rocca |
| Bisbee | Godchaux | Kowall | Shackleton |
| Bishop | Gosselin | Kuipers | Shulman |
| Bradstreet | Hager | LaSata | Stamas |
| Brown, C. | Hart | Mead | Stewart |
| Cassis | Howell | Meyer | Tabor |
| Caul | Hummel | Mortimer | Toy |
| DeRossett | Jansen | Newell | Van Woerkom |
| DeVuyst | Jelinek | Palmer | Vander Roest |
| DeWeese | Johnson, Rick | Pappageorge | Vander Veen |
| Drolet | Johnson, Ruth | Pumford | Vear |
| Ehardt | Julian | Richardville | Voorhees |
| Faunce | Koetje | Richner | Woronchak |
George
In The Chair: Ehardt
Rep. Stallworth moved to amend the bill as follows:
1. Amend page 86, following line 15, by inserting:
"Sec. 937. The credit authorized by section 4(3) of the motor carrier fuel tax act, 1980 PA 119, MCL 207.214(3), equal to 6 cents per gallon of the sales tax paid on diesel fuel purchased in this state during the preceding calendar quarter, shall be made from the state general fund and not the Michigan transportation fund.".
The question being on the adoption of the amendment offered by Rep. Stallworth,
Rep. Stallworth demanded the yeas and nays.
The demand was supported.
The question being on the adoption of the amendment offered by Rep. Stallworth,
The amendment was not adopted, a majority of the members serving not voting therefor, by yeas and nays, as follows:
Roll Call No. 339 Yeas--41
| Anderson | Gieleghem | Minore | Sheltrown |
| Basham | Hale | Murphy | Spade |
| Bernero | Hansen | Neumann | Stallworth |
| Bogardus | Hardman | O'Neil | Switalski |
| Bovin | Jacobs | Pestka | Thomas |
| Callahan | Jamnick | Quarles | Waters |
| Clark, I. | Kolb | Reeves | Williams |
| Clarke, H. | Lipsey | Rivet | Wojno |
| Daniels | Lockwood | Rocca | Woodward |
| Dennis | McConico | Schauer | Zelenko |
Garza
Nays--54
| Allen | Gilbert | Kowall | Richardville |
| Birkholz | Godchaux | Kuipers | Richner |
| Bisbee | Gosselin | LaSata | Shulman |
| Bishop | Hager | Lemmons | Stamas |
| Brown, C. | Hart | Mead | Stewart |
| Cassis | Howell | Meyer | Tabor |
| Caul | Hummel | Middaugh | Toy |
| DeRossett | Jansen | Mortimer | Van Woerkom |
| DeVuyst | Jelinek | Newell | Vander Roest |
| DeWeese | Johnson, Rick | Palmer | Vander Veen |
| Drolet | Johnson, Ruth | Pappageorge | Vear |
| Ehardt | Julian | Patterson | Voorhees |
| Faunce | Koetje | Pumford | Woronchak |
George Kooiman
In The Chair: Ehardt
Rep. Frank moved to amend the bill as follows:
1. Amend page 30, line 10, by striking out "18,372,000" and inserting "8,372,000".
2. Amend page 30, line 14, by striking out "32,197,600" and inserting "22,197,600" and adjusting the subtotals, totals, and section 201 accordingly.
The question being on the adoption of the amendments offered by Rep. Frank,
Rep. Frank demanded the yeas and nays.
The demand was supported.
The question being on the adoption of the amendments offered by Rep. Frank,
The amendments were not adopted, a majority of the members serving not voting therefor, by yeas and nays, as follows:
Roll Call No. 340 Yeas--43
| Anderson | Garza | Lockwood | Sheltrown |
| Basham | Gieleghem | McConico | Spade |
| Bernero | Hager | Minore | Stallworth |
| Bogardus | Hale | Murphy | Switalski |
| Bovin | Hansen | Neumann | Thomas |
| Callahan | Hardman | O'Neil | Waters |
| Clark, I. | Jacobs | Pestka | Williams |
| Clarke, H. | Jamnick | Quarles | Wojno |
| Daniels | Kolb | Reeves | Woodward |
| Dennis | Lemmons | Rivet | Zelenko |
| Frank | Lipsey | Schauer |
Nays--55
| Allen | George | Kowall | Rocca |
| Birkholz | Gilbert | Kuipers | Shackleton |
| Bisbee | Godchaux | LaSata | Shulman |
| Bishop | Gosselin | Mead | Stamas |
| Bradstreet | Hart | Meyer | Stewart |
| Brown, C. | Howell | Middaugh | Tabor |
| Cassis | Hummel | Mortimer | Toy |
| Caul | Jansen | Newell | Van Woerkom |
| DeRossett | Jelinek | Palmer | Vander Roest |
| DeVuyst | Johnson, Rick | Pappageorge | Vander Veen |
| DeWeese | Johnson, Ruth | Patterson | Vear |
| Drolet | Julian | Pumford | Voorhees |
| Ehardt | Koetje | Richardville | Woronchak |
| Faunce | Kooiman | Richner |
In The Chair: Ehardt
Rep. Pappageorge moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
Rep. Middaugh moved that the bill be placed on its immediate passage.
The motion prevailed, a majority of the members serving voting therefor.
By unanimous consent the House returned to the order of
Third Reading of Bills
House Bill No. 5646, entitled
A bill to make appropriations for the departments of attorney general, civil rights, civil service, information technology, management and budget, state, and treasury, the executive office, and the legislative branch for the fiscal
years ending September 30, 2002 and September 30, 2003; 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, 2003; 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 third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 341 Yeas--55
| Allen | Gilbert | Kowall | Scranton |
| Birkholz | Godchaux | Kuipers | Shackleton |
| Bisbee | Gosselin | LaSata | Shulman |
| Bishop | Hager | Mead | Stamas |
| Brown, C. | Hart | Meyer | Stewart |
| Cassis | Howell | Middaugh | Tabor |
| Caul | Hummel | Mortimer | Toy |
| DeRossett | Jansen | Newell | Van Woerkom |
| DeVuyst | Jelinek | Palmer | Vander Roest |
| DeWeese | Johnson, Rick | Pappageorge | Vander Veen |
| Drolet | Johnson, Ruth | Patterson | Vear |
| Ehardt | Julian | Pumford | Voorhees |
| Faunce | Koetje | Richardville | Woronchak |
| George | Kooiman | Richner |
Nays--46
| Adamini | Dennis | Lockwood | Schauer |
| Anderson | Frank | McConico | Sheltrown |
| Basham | Garza | Minore | Spade |
| Bernero | Gieleghem | Murphy | Stallworth |
| Bogardus | Hale | Neumann | Switalski |
| Bovin | Hansen | O'Neil | Thomas |
| Bradstreet | Hardman | Pestka | Waters |
| Brown, R. | Jacobs | Quarles | Williams |
| Callahan | Jamnick | Reeves | Wojno |
| Clark, I. | Kolb | Rivet | Woodward |
| Clarke, H. | Lemmons | Rocca | Zelenko |
Daniels Lipsey
In The Chair: Ehardt
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 make, supplement, and adjust appropriations for the departments of attorney general, civil rights, civil service, information technology, management and budget, state, and treasury, the executive office, and the legislative branch for the fiscal years ending September 30, 2002 and September 30, 2003; 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, 2003; 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.
The motion prevailed.
The House agreed to the title as amended.
Rep. Bogardus, having reserved the right to explain her protest against the passage of the bill, made the following statement:
"Mr. Speaker and members of the House:
I voted no on the general government budget because it contains a 300 million dollar boondoggle. The money left over in the new department of technology budget after paying for salaries will be an astounding slush fund which will be handed out probably in contracts. This is an example of pork barrel government waste on a level I have not seen in my tenure in office. "
Rep. Schauer, having reserved the right to explain his protest against the passage of the bill, made the following statement:
"Mr. Speaker and members of the House:
I voted no on House Bill 5646 (H-1) for the following reasons: This bill is all about finance and little about programming. I. There is funding gap of over $35 million in this budget: 1. There is a $10.2 million deficit due to the $0 funding of the IDG line from the Michigan Department of Transportation's Michigan Transportation Fund to the Department of Treasury for costs of the motor fuel tax collection. 2. In addition, the Secretary of State budget counts on a $96.4 million IDG from the Michigan Transportation Fund to cover the costs of processing vehicle registration, but the Transportation budget authorizes only $76 million creating a $20 million hole. 3. Finally, the funding source for the debt service on the School Bond Loan Fund is transferred back from the School Aid Fund to the General Fund. While I do not oppose using the General Fund to support this debt service, there is no specific provision in this bill to support this transfer. It adds another $4.7 million to the funding gap.4. An amendment was adopted to add $112 million to revenue sharing to replace what wouldhave been transferred to the General Fund to cover shortfalls. Yet, there is not specific provision in this bill to cover this appropriation. II Uncertain Debt Service Payments1. This bill contains $40 million in savings from the refinancing and restructuring of debt service for Quality of Life bonds and School Bond Loan Fund. While the actual refinance and restructure of these bonds began in the current fiscal year there was insufficient explanation as to the long term savings. The refinance entails using an 'adjustable rate' instrument that is rarely used. and thus prompts several questions regarding the long term impact of refinancing such as:.* The terms of these new notes* the length of time for which the bonds will be sold* the payment schedule* the interest rate* lock-in features, if there are any* the existence of balloon provision and what effect does it have on debt service?The restructure entails slowing down the state's repayment (incurred to assist school districts with their debt) to the schedule on which the school districts are repaying the state. III No Solid Plan for Future Expenses1. The bill contains no funding to retrain state workers who will replace those employees taking advantage of the early retirement program. 2. The bill contains no appropriation for the costs that will be incurred due to annual pay outs of sick time and other benefits of early retirees. IV Future Plans for Technology Sketchy At Best Creation of DIT * This department is built entirely with $333 million in IDGs from almost all state departments, yet only one-third of the $333 million is allocated to salaries and wages. The IDGs consist of funding for FTE positions that have been transferred to the new DIT, even though the employees physically remain with their current department In turn, many of those departments, in turn, are using other IDG s from other departments to IDG to the new department which is confounding at best. Finally,the IDG's FTEs are somehow 'morphed' into user fees with little explanation as to how this will occur.* There is no definition of 'technology,' only a definition of 'technological services' added by Democrats through floor amendment.* A majority of programs to be offered by DIT are currently being administered by other departments. * There is no indication as to which departments will be held accountable for federal sanctions like the non-certification of FIA's Child Support Enforcement System (CSES).V. Interfund BorrowingBudgetwide, depending on who you listen to, we are funding the FY 03 budget with anywhere from $600 million to $1.3 billion with one-time funding sources. What is more worrisome than the expenditures are the fund balances, or lack thereof.: * The $207 million Budget Stabilization Fund transfer to the GF, the ending balance would be approximately $255 million-extraneous circumstances that could very well affect this balance. * The transfer of $100 million in Merit Award Surplus to GF, the projected balance for FY 03 approximately $26 million. * The transfer of $79.5 million in Michigan Employment Security Contingent (MESC) Fund to GF, the fund balance is $87.6 million.* Almost full appropriation of $534.4 million in Medicaid Benefits Trust Fund leaving a near $0 balance
Will certainly affect this state's ability to manage day-to-day fiscal management through short term borrowing. Coupled with the change in the SET payments, we may again return to a negative balance in our common cash fund similar to 1997 when we had a common cash fund beginning balance of negative ($700 million) and had to borrow $900 million. This occurred when we had a substantial balance in the BSF, a flush GF and School Aid Fund.. In FY 02 our ending balance is positive, but it is slipping and we DON'T* have a GF and SAF surplus* $1 billion in BSF* and we are changing payment schedules, namely the School Aid SET"
Reps. Lipsey, Waters, Murphy, Callahan, Zelenko, Williams, Minore, Jamnick, Hale, Clark, Basham, Kolb, Garza, Lockwood, Spade, Lemmons, Reeves, Dennis and Anderson, having reserved the right to explain their protests against passage of the bill, made the following statement:
"Mr. Speaker and member of the House:
I voted no on House Bill 5646 (H-1) for the following reasons:
This bill is all about finance and little about programming.
I. There is funding gap of over $35 million in this budget:
1. There is a $10.2 million deficit due to the $0 funding of the IDG from the Department of Transportation's MTF to the Department of Treasury to cover motor fuel tax collection.
2. The Secretary of State budget counts on a $96.4 million IDG from the Michigan Transportation Fund to cover the costs of processing vehicle registration, but the Transportation budget authorizes only $76 million creating a $20 million hole.
3. Finally, the funding source for the debt service on the School Bond Loan Fund is transferred back from the School Aid Fund to the General Fund. While I do not oppose using the General Fund to support this debt service, there is no specific provision in this bill to support this transfer:another $4.7 million to the funding gap
4. Revenue sharing is frozen at Fiscal Year 02 to allow for coverage of general fund shortfalls.
II Uncertain Debt Service Payments
1. This bill contains $40 million in savings from the refinancing and restructuring of debt service for Quality of Life bonds and School Bond Loan Fund. While the actual refinance and restructure of these bonds began in the current fiscal year, there was insufficient explanation as to the long term savings.
III No Solid Plan for Future Expenses
1. There is no funding to retrain state workers who will replace those employees taking advantage of the early retirement program.
2. There is no appropriation for the costs that incurred due to annual pay outs of sick time and other benefits of early retirees.
IV Future Plans for Technology Sketchy At Best
Creation of DIT
* This department is built entirely with $333 million in IDGs from almost all state departments, with only one-third of the $333 million allocated to salaries and wages. The IDGs are FTE positions that have been transferred to DIT, yet, the employees remain in their current department Many of those departments, are using IDGs from other departments to IDG to the new department which is confounding at best.
* There is no definition of"technology,"
* "New" DIT are currently administered by other departments.
* What department will be held accountable for federal sanctions like the non-certification of FIA's Child Support Enforcement System (CSES).
V. Interfund Borrowing
Budgetwide, depending on who you listen to, we are funding the FY 03 budget with anywhere from $600 million to $1.3 billion with one-time funding sources. What is more worrisome than the expenditures are the fund balances, or lack thereof that won't be available to accommodate short term borrowing. We DON"T
* have a GF and SAF surplus
* $1 billion in BSF
* and we are changing the School Aid SET."
Second Reading of Bills
House Bill No. 5647, entitled
A bill to make appropriations for the department of history, arts and libraries and certain other state purposes for the fiscal year ending September 30, 2003; 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. LaSata moved to amend the bill as follows:
1. Amend page 4, line 26, by striking out "199,200" and inserting "72,900".
2. Amend page 5, line 1, by striking out "2,877,100" and inserting "1,053,300".
3. Amend page 5, line 5, by striking out "13,327,000" and inserting "15,277,100" and adjusting the subtotals, totals, and section 201 accordingly.
The question being on the adoption of the amendments offered by Rep. LaSata,
Rep. LaSata demanded the yeas and nays.
The demand was supported.
The question being on the adoption of the amendments offered by Rep. LaSata,
The amendments were not adopted, a majority of the members serving not voting therefor, by yeas and nays, as follows:
Roll Call No. 342 Yeas--37
| Allen | Ehardt | Julian | Richardville |
| Birkholz | Faunce | LaSata | Rocca |
| Bisbee | George | Mead | Shackleton |
| Bovin | Gilbert | Middaugh | Spade |
| Bradstreet | Gosselin | Mortimer | Stewart |
| Brown, C. | Howell | Newell | Toy |
| Brown, R. | Hummel | Palmer | Vander Roest |
| Caul | Jelinek | Patterson | Vear |
| DeVuyst | Johnson, Ruth | Pumford | Wojno |
Drolet
Nays--63
| Anderson | Godchaux | Lipsey | Sheltrown |
| Basham | Hager | Lockwood | Shulman |
| Bernero | Hale | McConico | Stallworth |
| Bishop | Hansen | Meyer | Stamas |
| Bogardus | Hardman | Minore | Switalski |
| Callahan | Hart | Murphy | Tabor |
| Cassis | Jacobs | Neumann | Thomas |
| Clark, I. | Jamnick | O'Neil | Van Woerkom |
| Clarke, H. | Jansen | Pappageorge | Vander Veen |
| Daniels | Johnson, Rick | Pestka | Voorhees |
| Dennis | Koetje | Quarles | Waters |
| DeRossett | Kolb | Reeves | Williams |
| DeWeese | Kooiman | Richner | Woodward |
| Frank | Kowall | Rivet | Woronchak |
| Garza | Kuipers | Schauer | Zelenko |
| Gieleghem | Lemmons | Scranton |
In The Chair: Ehardt
Rep. Lockwood moved to amend the bill as follows:
1. Amend page 19, following line 22, by inserting:
"Sec. 655. The department shall submit a report on or before October 31, 2003, to the senate and house standing committees on appropriations that details the use of funds appropriated in part 1 within the Grand Rapids public library appropriation line and the grant to the Detroit public library appropriation line.".
The motion prevailed and the amendment was adopted, a majority of the members serving voting therefor.
Rep. Shulman moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
Rep. Middaugh moved that the bill be placed on its immediate passage.
The motion prevailed, a majority of the members serving voting therefor.
By unanimous consent the House returned to the order of
Third Reading of Bills
House Bill No. 5647, entitled
A bill to make appropriations for the department of history, arts and libraries and certain other state purposes for the fiscal year ending September 30, 2003; 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 third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 343 Yeas--97
| Adamini | Frank | Kowall | Rocca |
| Allen | Garza | Kuipers | Schauer |
| Anderson | George | Lemmons | Scranton |
| Basham | Gieleghem | Lipsey | Shackleton |
| Bernero | Gilbert | Lockwood | Sheltrown |
| Birkholz | Godchaux | McConico | Shulman |
| Bisbee | Gosselin | Mead | Spade |
| Bishop | Hager | Meyer | Stallworth |
| Bogardus | Hale | Minore | Stamas |
| Bovin | Hansen | Mortimer | Stewart |
| Bradstreet | Hardman | Murphy | Switalski |
| Brown, C. | Hart | Neumann | Tabor |
| Brown, R. | Howell | Newell | Thomas |
| Callahan | Hummel | O'Neil | Toy |
| Cassis | Jacobs | Palmer | Van Woerkom |
| Caul | Jamnick | Pappageorge | Vander Veen |
| Clark, I. | Jansen | Patterson | Vear |
| Clarke, H. | Jelinek | Pestka | Voorhees |
| Daniels | Johnson, Rick | Pumford | Waters |
| Dennis | Johnson, Ruth | Quarles | Williams |
| DeRossett | Julian | Reeves | Wojno |
| DeVuyst | Koetje | Richardville | Woodward |
| Drolet | Kolb | Richner | Woronchak |
| Ehardt | Kooiman | Rivet | Zelenko |
Faunce
Nays--3
LaSata Middaugh Vander Roest
In The Chair: Ehardt
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 make appropriations for the department of history, arts, and libraries for the fiscal year ending September 30, 2003; to provide for the expenditure of those appropriations; to provide for the disposition of fees and other income received by the state agencies; to provide for the disbursement of certain grants; to provide for reports; and to prescribe powers and duties of certain state departments and certain state and local agencies and officers.
The motion prevailed.
The House agreed to the title as amended.
Second Reading of Bills
House Bill No. 5651, entitled
A bill to make appropriations for the department of transportation and certain transportation purposes for the fiscal year ending September 30, 2003; 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. Kolb moved that Rep. Garza be excused temporarily from today's session.
The motion prevailed.
Rep. Switalski moved to amend the bill as follows:
1. Amend page 22, following line 16, by inserting:
"Sec. 349. The department shall develop a plan to implement the policy of the state transportation commission on noise abatement. The department shall report on its efforts to implement the commission's policy to the house and senate appropriations subcommittees on transportation and to the house and senate fiscal agencies on or before October 1, 2002.".
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 adopted, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 344 Yeas--98
| Adamini | Frank | LaSata | Rocca |
| Allen | George | Lemmons | Schauer |
| Anderson | Gieleghem | Lipsey | Scranton |
| Basham | Gilbert | Lockwood | Shackleton |
| Bernero | Godchaux | McConico | Sheltrown |
| Birkholz | Gosselin | Mead | Spade |
| Bisbee | Hager | Meyer | Stallworth |
| Bishop | Hale | Middaugh | Stamas |
| Bogardus | Hansen | Minore | Stewart |
| Bovin | Hardman | Mortimer | Switalski |
| Bradstreet | Hart | Murphy | Tabor |
| Brown, C. | Howell | Neumann | Thomas |
| Brown, R. | Hummel | Newell | Toy |
| Callahan | Jacobs | O'Neil | Van Woerkom |
| Cassis | Jamnick | Palmer | Vander Roest |
| Caul | Jansen | Pappageorge | Vander Veen |
| Clark, I. | Jelinek | Patterson | Vear |
| Clarke, H. | Johnson, Rick | Pestka | Voorhees |
| Daniels | Johnson, Ruth | Pumford | Waters |
| Dennis | Julian | Quarles | Williams |
| DeRossett | Koetje | Reeves | Wojno |
| DeVuyst | Kolb | Richardville | Woodward |
| Drolet | Kooiman | Richner | Woronchak |
| Ehardt | Kowall | Rivet | Zelenko |
Faunce Kuipers
Nays--0
In The Chair: Ehardt
Rep. Drolet moved to amend the bill as follows:
1. Amend page 11, line 8, by striking out "12,000,000" and inserting "11,000,000".
2. Amend page 11, line 23, by striking out "21,677,700" and inserting "20,677,700" and adjusting the totals, subtotals, and sec 201 accordingly.
3. Amend page 40, line 24, by striking out all of section 723.
The question being on the adoption of the amendments offered by Rep. Drolet,
Rep. Drolet demanded the yeas and nays.
The demand was supported.
The question being on the adoption of the amendments offered by Rep. Drolet,
The amendments were not adopted, a majority of the members serving not voting therefor, by yeas and nays, as follows:
Roll Call No. 345 Yeas--23
| Bradstreet | Gosselin | Palmer | Toy |
| Brown, C. | Jansen | Patterson | Vander Roest |
| Caul | Johnson, Ruth | Rocca | Vander Veen |
| Drolet | Julian | Sheltrown | Vear |
| Faunce | Kuipers | Spade | Voorhees |
| George | Middaugh | Stamas |
Nays--77
| Adamini | Ehardt | Kowall | Richardville |
| Allen | Garza | LaSata | Richner |
| Anderson | Gieleghem | Lemmons | Rivet |
| Basham | Gilbert | Lipsey | Schauer |
| Bernero | Godchaux | Lockwood | Scranton |
| Birkholz | Hager | McConico | Shackleton |
| Bisbee | Hale | Mead | Shulman |
| Bishop | Hansen | Meyer | Stallworth |
| Bogardus | Hardman | Minore | Stewart |
| Bovin | Hart | Mortimer | Switalski |
| Brown, R. | Howell | Murphy | Tabor |
| Callahan | Hummel | Neumann | Thomas |
| Cassis | Jacobs | Newell | Van Woerkom |
| Clark, I. | Jamnick | O'Neil | Waters |
| Clarke, H. | Jelinek | Pappageorge | Williams |
| Daniels | Johnson, Rick | Pestka | Wojno |
| Dennis | Koetje | Pumford | Woodward |
| DeRossett | Kolb | Quarles | Woronchak |
| DeVuyst | Kooiman | Reeves | Zelenko |
DeWeese
In The Chair: Ehardt
Rep. Bovin moved to amend the bill as follows:
1. Amend page 4, line 2, by striking out "70,000,000" and inserting "55,814,100".
2. Amend page 4, line 26, by striking out "$77,085,100" and inserting "62,899,200".
3. Amend page 8, following line 21, by inserting:
"Snow and ice removal $ 14,185,900".
4. Amend page 9, line 4, by striking out "989,170,300" and inserting "$1,003,356,200" and adjusting the subtotals, totals, and section 201 accordingly.
5. Amend page 30, following line 6, by inserting:
"Sec 508. Funds appropriated in part 1 for snow and ice removal shall be distributed to eligible county road commissions, cities, and villages for winter maintenance activities in accordance with sections 12(3), 12a, and section 13(2) of 1951 PA 51, as amended.".
The question being on the adoption of the amendments offered by Rep. Bovin,
Rep. Bovin demanded the yeas and nays.
The demand was supported.
The question being on the adoption of the amendments offered by Rep. Bovin,
The amendments were not adopted, a majority of the members serving not voting therefor, by yeas and nays, as follows:
Roll Call No. 346 Yeas--46
| Adamini | Clarke, H. | Lockwood | Sheltrown |
| Allen | Daniels | McConico | Spade |
| Basham | Dennis | Middaugh | Stallworth |
| Bernero | Frank | Minore | Stamas |
| Birkholz | Gieleghem | Murphy | Switalski |
| Bogardus | Hale | Neumann | Vander Roest |
| Bovin | Hansen | O'Neil | Vear |
| Bradstreet | Hardman | Pestka | Williams |
| Brown, R. | Jacobs | Quarles | Wojno |
| Callahan | Kolb | Schauer | Woodward |
| Cassis | Lemmons | Shackleton | Zelenko |
Clark, I. Lipsey
Nays--47
| Bisbee | Godchaux | Kowall | Richner |
| Bishop | Gosselin | Kuipers | Rocca |
| Brown, C. | Hager | LaSata | Scranton |
| Caul | Howell | Mead | Shulman |
| DeRossett | Hummel | Meyer | Stewart |
| DeVuyst | Jansen | Mortimer | Tabor |
| DeWeese | Jelinek | Newell | Toy |
| Drolet | Johnson, Rick | Palmer | Van Woerkom |
| Ehardt | Johnson, Ruth | Pappageorge | Vander Veen |
| Faunce | Julian | Patterson | Voorhees |
| George | Koetje | Pumford | Woronchak |
| Gilbert | Kooiman | Richardville |
In The Chair: Ehardt
Rep. Vander Roest moved to amend the bill as follows:
1. Amend page 39, following line 5, by inserting:
"(5) The rail carrier shall, as a condition to receiving a state operating subsidy, establish a system to monitor, collect, and resolve customer complaints and shall make the information available to the department, the house and senate appropriations subcommittees on transportation, and to the house and senate fiscal agencies.
(6) If the chosen rail carrier is Amtrak, the department shall require Amtrak to provide information to the department to identify direct and indirect operating costs prior to receiving any state funding. Any state subsidy shall only provide for the direct operating costs in Michigan.".
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 6, by inserting:
"Sec. 506. The credit authorized by section 4(3) of the motor fuel carrier tax act, 1980 PA 119, MCL 207.214(3), equal to 6 cents per gallon of the sales tax paid on diesel fuel purchased in the state during the preceding calendar quarter, shall be made from the state general fund and not the Michigan transportation fund.".
The motion did not prevail and the amendment was not adopted, a majority of the members serving not voting therefor.
Rep. Williams moved to amend the bill as follows:
1. Amend page 30, following line 6, by inserting:
"Sec. 506. The county of Saginaw shall be exempt from any reduction in the receipt of Michigan transportation fund revenues resulting from an unconstitutional interdepartment grant.".
The question being on the adoption of the amendment offered by Rep. Williams,
Rep. Williams demanded the yeas and nays.
The demand was supported.
The question being on the adoption of the amendment offered by Rep. Williams,
The amendment was not adopted, a majority of the members serving not voting therefor, by yeas and nays, as follows:
Roll Call No. 347 Yeas--43
| Adamini | Dennis | Lockwood | Sheltrown |
| Anderson | Frank | McConico | Spade |
| Basham | Garza | Minore | Stallworth |
| Bernero | Gieleghem | Murphy | Switalski |
| Bogardus | Hale | Neumann | Thomas |
| Bovin | Hansen | O'Neil | Waters |
| Brown, R. | Hardman | Pestka | Williams |
| Callahan | Jacobs | Quarles | Wojno |
| Clark, I. | Jamnick | Reeves | Woodward |
| Clarke, H. | Kolb | Rivet | Zelenko |
| Daniels | Lemmons | Schauer |
Nays--57
| Allen | Gilbert | Kowall | Rocca |
| Birkholz | Godchaux | Kuipers | Scranton |
| Bisbee | Gosselin | LaSata | Shackleton |
| Bishop | Hager | Mead | Shulman |
| Bradstreet | Hart | Meyer | Stamas |
| Brown, C. | Howell | Middaugh | Stewart |
| Cassis | Hummel | Mortimer | Tabor |
| Caul | Jansen | Newell | Toy |
| DeRossett | Jelinek | Palmer | Van Woerkom |
| DeVuyst | Johnson, Rick | Pappageorge | Vander Roest |
| DeWeese | Johnson, Ruth | Patterson | Vander Veen |
| Drolet | Julian | Pumford | Vear |
| Ehardt | Koetje | Richardville | Voorhees |
| Faunce | Kooiman | Richner | Woronchak |
George
In The Chair: Ehardt
Rep. Rich Brown moved to amend the bill as follows:
1. Amend page 30, following line 6, by inserting:
"Sec. 506. The counties of Baraga, Gogebic, Houghton, Iron, Keweenaw, and Ontonagon shall be exempt from any reduction in the receipt of Michigan transportation fund revenues resulting from an unconstitutional interdepartment grant.".
The question being on the adoption of the amendment offered by Rep. Rich Brown,
Rep. Rich Brown demanded the yeas and nays.
The demand was supported.
The question being on the adoption of the amendment offered by Rep. Rich Brown,
The amendment was not adopted, a majority of the members serving not voting therefor, by yeas and nays, as follows:
Roll Call No. 348 Yeas--44
| Adamini | Dennis | Lemmons | Schauer |
| Anderson | DeWeese | Lipsey | Sheltrown |
| Basham | Frank | Lockwood | Spade |
| Bernero | Garza | McConico | Stallworth |
| Bogardus | Gieleghem | Minore | Switalski |
| Bovin | Hale | Murphy | Thomas |
| Brown, R. | Hansen | Neumann | Waters |
| Callahan | Hardman | O'Neil | Williams |
| Clark, I. | Jacobs | Quarles | Wojno |
| Clarke, H. | Jamnick | Reeves | Woodward |
| Daniels | Kolb | Rivet | Zelenko |
Nays--56
| Allen | Gilbert | Kowall | Rocca |
| Birkholz | Godchaux | Kuipers | Scranton |
| Bisbee | Gosselin | LaSata | Shackleton |
| Bishop | Hager | Mead | Shulman |
| Bradstreet | Hart | Meyer | Stamas |
| Brown, C. | Howell | Middaugh | Stewart |
| Cassis | Hummel | Mortimer | Tabor |
| Caul | Jansen | Newell | Toy |
| DeRossett | Jelinek | Palmer | Van Woerkom |
| DeVuyst | Johnson, Rick | Pappageorge | Vander Roest |
| Drolet | Johnson, Ruth | Patterson | Vander Veen |
| Ehardt | Julian | Pumford | Vear |
| Faunce | Koetje | Richardville | Voorhees |
| George | Kooiman | Richner | Woronchak |
In The Chair: Ehardt
Rep. Adamini moved to amend the bill as follows:
1. Amend page 30, following line 6, by inserting:
"Sec. 506. The counties of Alger, Luce, Marquette, and Schoolcraft shall be exempt from any reduction in the receipt of Michigan transportation fund revenues resulting from an unconstitutional interdepartment grant.".
The question being on the adoption of the amendment offered by Rep. Adamini,
Rep. Adamini demanded the yeas and nays.
The demand was supported.
The question being on the adoption of the amendment offered by Rep. Adamini,
The amendment was not adopted, a majority of the members serving not voting therefor, by yeas and nays, as follows:
Roll Call No. 349 Yeas--43
| Adamini | Dennis | Lipsey | Shackleton |
| Anderson | Frank | Lockwood | Sheltrown |
| Basham | Garza | Minore | Spade |
| Bernero | Gieleghem | Murphy | Stallworth |
| Bogardus | Hale | Neumann | Switalski |
| Bovin | Hansen | O'Neil | Thomas |
| Brown, R. | Hardman | Pestka | Waters |
| Callahan | Jacobs | Quarles | Williams |
| Clark, I. | Jamnick | Reeves | Wojno |
| Clarke, H. | Kolb | Rivet | Zelenko |
| Daniels | Lemmons | Schauer |
Nays--56
| Allen | George | Kooiman | Richner |
| Birkholz | Gilbert | Kowall | Rocca |
| Bisbee | Godchaux | Kuipers | Scranton |
| Bishop | Gosselin | LaSata | Shulman |
| Bradstreet | Hager | Mead | Stamas |
| Brown, C. | Hart | Meyer | Stewart |
| Cassis | Howell | Middaugh | Tabor |
| Caul | Hummel | Mortimer | Toy |
| DeRossett | Jansen | Newell | Van Woerkom |
| DeVuyst | Jelinek | Palmer | Vander Roest |
| DeWeese | Johnson, Rick | Pappageorge | Vander Veen |
| Drolet | Johnson, Ruth | Patterson | Vear |
| Ehardt | Julian | Pumford | Voorhees |
| Faunce | Koetje | Richardville | Woronchak |
In The Chair: Ehardt
Rep. Plakas moved to amend the bill as follows:
1. Amend page 30, following line 6, by inserting:
"Sec. 506. The county of Wayne shall be exempt from any reduction in the receipt of Michigan transportation fund revenues resulting from an unconstitutional interdepartment grant.".
The question being on the adoption of the amendment offered by Rep. Plakas,
Rep. Anderson 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. 350 Yeas--42
| Adamini | Garza | McConico | Stallworth |
| Anderson | Gieleghem | Minore | Stewart |
| Basham | Hale | Murphy | Switalski |
| Bernero | Hansen | Neumann | Thomas |
| Bogardus | Hardman | O'Neil | Waters |
| Bovin | Jacobs | Quarles | Williams |
| Callahan | Jamnick | Reeves | Wojno |
| Clark, I. | Kolb | Rivet | Woodward |
| Clarke, H. | Lemmons | Sheltrown | Woronchak |
| Daniels | Lipsey | Spade | Zelenko |
Dennis Lockwood
Nays--51
| Allen | Faunce | Kooiman | Richner |
| Birkholz | George | Kowall | Rocca |
| Bisbee | Gilbert | LaSata | Shackleton |
| Bishop | Godchaux | Mead | Shulman |
| Bradstreet | Gosselin | Meyer | Stamas |
| Brown, C. | Hager | Middaugh | Tabor |
| Cassis | Hart | Mortimer | Toy |
| Caul | Hummel | Newell | Van Woerkom |
| DeRossett | Jansen | Palmer | Vander Roest |
| DeVuyst | Johnson, Rick | Pappageorge | Vander Veen |
| DeWeese | Johnson, Ruth | Patterson | Vear |
| Drolet | Julian | Pumford | Voorhees |
| Ehardt | Koetje | Richardville |
In The Chair: Ehardt
Rep. Minore moved to amend the bill as follows:
1. Amend page 30, following line 6, by inserting:
"Sec. 506. The county of Genessee shall be exempt from any reduction in the receipt of Michigan transportation fund revenues resulting from an unconstitutional interdepartment grant.".
The question being on the adoption of the amendment offered by Rep. Minore,
Rep. Minore demanded the yeas and nays.
The demand was supported.
The question being on the adoption of the amendment offered by Rep. Minore,
The amendment was not adopted, a majority of the members serving not voting therefor, by yeas and nays, as follows:
Roll Call No. 351 Yeas--42
| Adamini | Dennis | Lipsey | Sheltrown |
| Anderson | Frank | Lockwood | Spade |
| Basham | Garza | McConico | Stallworth |
| Bernero | Gieleghem | Minore | Switalski |
| Bogardus | Hale | Murphy | Thomas |
| Bovin | Hansen | Neumann | Waters |
| Brown, R. | Hardman | O'Neil | Williams |
| Callahan | Jacobs | Quarles | Wojno |
| Clark, I. | Jamnick | Reeves | Woodward |
| Clarke, H. | Kolb | Rivet | Zelenko |
Daniels Lemmons
Nays--56
| Allen | George | Kooiman | Rocca |
| Birkholz | Gilbert | Kowall | Scranton |
| Bisbee | Godchaux | LaSata | Shackleton |
| Bishop | Gosselin | Mead | Shulman |
| Bradstreet | Hager | Meyer | Stamas |
| Brown, C. | Hart | Middaugh | Stewart |
| Cassis | Howell | Mortimer | Tabor |
| Caul | Hummel | Newell | Toy |
| DeRossett | Jansen | Palmer | Van Woerkom |
| DeVuyst | Jelinek | Pappageorge | Vander Roest |
| DeWeese | Johnson, Rick | Patterson | Vander Veen |
| Drolet | Johnson, Ruth | Pumford | Vear |
| Ehardt | Julian | Richardville | Voorhees |
| Faunce | Koetje | Richner | Woronchak |
In The Chair: Ehardt
Rep. Mortimer moved to amend the bill as follows:
1. Amend page 39, following line 5, by inserting:
"Sec. 714. The department, in cooperation with local transit agencies, shall work to ensure that demand-response services are provided throughout Michigan. The department shall continue to work with local units of government to address the unmet transit needs in Michigan.".
The motion prevailed and the amendment was adopted, a majority of the members serving voting therefor.
Rep. Adamini moved to amend the bill as follows:
1. Amend page 32, following line 9, by inserting:
"Sec. 612. In order to enhance safety and relieve traffic congestion associated with new retail development, $800,000.00 from the funds appropriated in section 113, target industries/economic redevelopment, shall be appropriated for the relocation of county road number 492 between US 41 and Wright street in Marquette county.".
The question being on the adoption of the amendment offered by Rep. Adamini,
Rep. Adamini demanded the yeas and nays.
The demand was supported.
The question being on the adoption of the amendment offered by Rep. Adamini,
The amendment was not adopted, a majority of the members serving not voting therefor, by yeas and nays, as follows:
Roll Call No. 352 Yeas--38
| Adamini | Daniels | Lemmons | Schauer |
| Anderson | Dennis | Lipsey | Sheltrown |
| Basham | Garza | Lockwood | Stallworth |
| Bernero | Gieleghem | McConico | Switalski |
| Bogardus | Hale | Minore | Thomas |
| Bovin | Hansen | Murphy | Williams |
| Brown, R. | Hardman | Neumann | Wojno |
| Callahan | Jacobs | O'Neil | Woodward |
| Clark, I. | Jamnick | Rivet | Zelenko |
Clarke, H. Kolb
Nays--56
| Allen | George | Kowall | Scranton |
| Birkholz | Gilbert | Kuipers | Shackleton |
| Bisbee | Gosselin | LaSata | Shulman |
| Bishop | Hager | Mead | Spade |
| Bradstreet | Hart | Middaugh | Stamas |
| Brown, C. | Howell | Mortimer | Stewart |
| Cassis | Hummel | Newell | Tabor |
| Caul | Jansen | Palmer | Toy |
| DeRossett | Jelinek | Pappageorge | Van Woerkom |
| DeVuyst | Johnson, Rick | Patterson | Vander Roest |
| DeWeese | Johnson, Ruth | Pumford | Vander Veen |
| Drolet | Julian | Richardville | Vear |
| Ehardt | Koetje | Richner | Voorhees |
| Faunce | Kooiman | Rocca | Woronchak |
In The Chair: Ehardt
Rep. Bovin moved to amend the bill as follows:
1. Amend page 4, line 2, by striking out "70,000,000" and inserting "60,000,000".
2. Amend page 4, line 26, by striking out "77,085,100" and inserting "67,085,100".
3. Amend page 8, following line 21, by inserting:
"Snow and ice removal 10,000,000".
4. Amend page 9, line 4, by striking out "989,170,300" and inserting "999,170,300" and adjusting the subtotals, totals, and section 201 accordingly.
5. Amend page 30, following line 6, by inserting:
"Sec 508. Funds appropriated in part 1 for snow and ice removal shall be distributed to eligible county road commissions, cities, and villages for winter maintenance activities in accordance with sections 12(3), 12a, and 13(2) of 1951 PA 51, as amended.".
The question being on the adoption of the amendments offered by Rep. Bovin,
Rep. Bovin demanded the yeas and nays.
The demand was supported.
The question being on the adoption of the amendments offered by Rep. Bovin,
The amendments were not adopted, a majority of the members serving not voting therefor, by yeas and nays, as follows:
Roll Call No. 353 Yeas--46
| Adamini | Frank | McConico | Spade |
| Anderson | Gieleghem | Mead | Stallworth |
| Basham | Hale | Middaugh | Stamas |
| Bogardus | Hansen | Minore | Switalski |
| Bovin | Hardman | Murphy | Thomas |
| Bradstreet | Jacobs | Neumann | Vear |
| Brown, R. | Jamnick | O'Neil | Waters |
| Callahan | Jelinek | Rivet | Williams |
| Clark, I. | Kolb | Schauer | Wojno |
| Clarke, H. | Lemmons | Shackleton | Woodward |
| Daniels | Lipsey | Sheltrown | Zelenko |
Dennis Lockwood
Nays--45
| Allen | George | Kooiman | Rocca |
| Bisbee | Gosselin | Kowall | Scranton |
| Bishop | Hager | Kuipers | Shulman |
| Brown, C. | Hart | LaSata | Stewart |
| Cassis | Howell | Meyer | Tabor |
| Caul | Hummel | Newell | Toy |
| DeRossett | Jansen | Palmer | Van Woerkom |
| DeVuyst | Johnson, Rick | Pappageorge | Vander Roest |
| DeWeese | Johnson, Ruth | Patterson | Vander Veen |
| Drolet | Julian | Richardville | Voorhees |
| Ehardt | Koetje | Richner | Woronchak |
Faunce
In The Chair: Ehardt
Rep. Middaugh moved that consideration of the bill be postponed temporarily.
The motion prevailed.
By unanimous consent the House returned to the order of
Messages from the Senate
House Bill No. 5763, entitled
A bill to amend 1936 (Ex Sess) PA 1, entitled "Michigan employment security act," by amending sections 19, 20, 27, 29, 32, and 48 (MCL 421.19, 421.20, 421.27, 421.29, 421.32, and 421.48), section 19 as amended by 1996 PA 535, section 20 as amended by 1994 PA 162, section 27 as amended by 1995 PA 181, section 29 as amended by 1995 PA 25, section 32 as amended by 1996 PA 503, and section 48 as amended by 1983 PA 164, and by adding sections 13l and 32b.
The Senate has substituted (S-3) the bill.
The Senate has passed the bill as substituted (S-3) and amended the title to read as follows:
A bill to amend 1936 (Ex Sess) PA 1, entitled "An act to protect the welfare of the people of this state through the establishment of an unemployment compensation fund, and to provide for the disbursement thereof; to create certain other funds; to create the Michigan employment security commission, and to prescribe its powers and duties; to provide for the protection of the people of this state from the hazards of unemployment; to levy and provide for contributions from employers; to provide for the collection of such contributions; to enter into reciprocal agreements and to cooperate with agencies of the United States and of other states charged with the administration of any unemployment insurance law; to furnish certain information to certain governmental agencies for use in administering public benefit and child support programs and investigating and prosecuting fraud; to provide for the payment of benefits; to provide for appeals from redeterminations, decisions and notices of assessments; and for referees and a board of review to hear and decide the issues arising from redeterminations, decisions and notices of assessment; to provide for the cooperation of this state and compliance with the provisions of the social security act and the Wagner-Peyser act passed by the Congress of the United States of America; to provide for the establishment and maintenance of free public employment offices; to provide for the transfer of funds; to make appropriations for carrying out the provisions of this act; to prescribe remedies and penalties for the violation of the provisions of this act; and to repeal all acts and parts of acts inconsistent with the provisions of this act," by amending sections 3, 4, 4a, 10, 19, 20, 27, 29, 32, 44, 48, 54, and 54c (MCL 421.3, 421.4, 421.4a, 421.10, 421.19, 421.20, 421.27, 421.29, 421.32, 421.44, 421.48, 421.54, and 421.54c), section 4 as amended by 1996 PA 498, section 10 as amended by 1989 PA 224, section 19 as amended by 1996 PA 535, sections 20 and 54 as amended by 1994 PA 162, section 27 as amended by 1995 PA 181, section 29 as amended by 1995 PA 25, section 32 as amended by 1996 PA 503, section 44 as amended by 1996 PA 504, section 48 as amended by 1983 PA 164, and section 54c as amended by 1993 PA 277, and by adding sections 5b, 13l, and 32b; and to repeal acts and parts of acts.
The Speaker announced that pursuant to Rule 45, the bill was laid over one day.
Rep. Middaugh moved that Rule 45 be suspended.
The motion prevailed, 3/5 of the members present voting therefor.
The question being on concurring in the substitute (S-3) made to the bill by the Senate,
The substitute (S-3) was not concurred in, a majority of the members serving not voting therefor, by yeas and nays, as follows:
Roll Call No. 354 Yeas--4
Birkholz Gosselin Vander Roest Voorhees
Nays--94
| Adamini | Faunce | LaSata | Rivet |
| Allen | Frank | Lemmons | Rocca |
| Anderson | Garza | Lipsey | Schauer |
| Basham | George | Lockwood | Scranton |
| Bernero | Gieleghem | McConico | Shackleton |
| Bisbee | Gilbert | Mead | Sheltrown |
| Bishop | Hager | Meyer | Shulman |
| Bogardus | Hale | Middaugh | Spade |
| Bovin | Hansen | Minore | Stallworth |
| Bradstreet | Hardman | Mortimer | Stamas |
| Brown, C. | Hart | Murphy | Stewart |
| Brown, R. | Howell | Neumann | Switalski |
| Callahan | Hummel | Newell | Tabor |
| Cassis | Jacobs | O'Neil | Thomas |
| Caul | Jamnick | Palmer | Toy |
| Clark, I. | Jansen | Pappageorge | Van Woerkom |
| Clarke, H. | Jelinek | Patterson | Vander Veen |
| Daniels | Johnson, Rick | Pestka | Waters |
| Dennis | Johnson, Ruth | Pumford | Williams |
| DeRossett | Julian | Quarles | Wojno |
| DeVuyst | Koetje | Reeves | Woodward |
| DeWeese | Kolb | Richardville | Woronchak |
| Drolet | Kooiman | Richner | Zelenko |
Ehardt Kowall
In The Chair: Ehardt
The Speaker appointed as conferees, on the part of the House of Representatives for House Bill No. 5763, Reps. Rick Johnson, Bisbee and Thomas.
Second Reading of Bills
Senate Bill No. 897, entitled
A bill to amend 1946 (1st Ex Sess) PA 9, entitled "An act to create the Michigan veterans' trust fund, and to define who shall be eligible to receive assistance therefrom; to provide for the disbursement of the income thereof and surplus therein; to create a board of trustees, and to prescribe its powers and duties; to provide for county and district committees, and their powers, duties, and expenses; to prescribe penalties; and to make appropriations to carry out the provisions of this act," by amending sections 7 and 8 (MCL 35.607 and 35.608).
The bill was read a second time.
Rep. Middaugh moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
Senate Bill No. 898, entitled
A bill to amend 1911 PA 44, entitled "An act to create a state board of equalization; to prescribe its powers and duties; to provide that said board shall be furnished with certain information by the several boards of supervisors and by the state tax commission; to provide for meeting the expense authorized by this act, and to repeal all acts or parts of acts contravening the provisions of this act," by amending sections 3 and 4 (MCL 209.3 and 209.4), section 4 as amended by 2001 PA 36.
The bill was read a second time.
Rep. Middaugh moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
Senate Bill No. 899, entitled
A bill to amend 1917 PA 99, entitled "An act to provide for the construction, maintenance and improvement of federal aided roads; to authorize townships, good roads districts and counties to raise money by taxation and by loan for the purpose of contributing thereto; to validate and legalize proceedings heretofore taken to raise money for the purpose contemplated by this act; and to provide an appropriation for paying the state's portion of the expense incurred hereunder," by amending section 1 (MCL 249.1).
The bill was read a second time.
Rep. Middaugh moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
Senate Bill No. 900, entitled
A bill to repeal 1921 PA 358, entitled "An act authorizing the state to reimburse counties and townships to the extent of 1/2 of the amounts spent by such counties and townships in connection with the destruction of grasshoppers and similar pests, making an appropriation therefor, and providing a tax to meet the same," (MCL 286.131 to 286.135).
The bill was read a second time.
Rep. Middaugh moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
Senate Bill No. 901, entitled
A bill to amend 1863 PA 140, entitled "An act to provide for the selection, care and disposition of the lands donated to the state of Michigan, by act of congress, approved July second, 1862, for the endowment of colleges for the benefit of agriculture and the mechanic arts," by amending sections 8 and 10 (MCL 322.178 and 322.180).
Was read a second time, and the question being on the adoption of the proposed substitute (H-1) previously recommended by the Committee on House Oversight and Operations,
The substitute (H-1) was adopted, a majority of the members serving voting therefor.
Rep. Middaugh moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
Senate Bill No. 902, entitled
A bill to amend 1909 PA 139, entitled "An act relative to the maintenance and construction of hospitals and sanatoria within the counties of this state and to provide a tax to raise moneys therefor," by amending section 5 (MCL 331.105).
The bill was read a second time.
Rep. Middaugh moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
House Bill No. 5710, entitled
A bill to amend 1933 PA 133, entitled "An act to authorize the acceptance of bonds and coupons and other obligations of municipalities and special assessment districts and bonds and coupons of the Home Owners Loan Corporation in payment of certain taxes and special assessments under certain conditions, and to prescribe the effect thereof; and to prescribe the powers and duties of certain officials and bodies with respect thereto," by amending sections 3a, 4, and 6 (MCL 211.403a, 211.404, and 211.406).
The bill was read a second time.
Rep. Patterson moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
House Bill No. 5711, entitled
A bill to amend 1915 PA 59, entitled "An act to provide for the construction, improvement and maintenance of highways; for the levying, spreading and collecting of taxes and of special assessments therefor; to authorize the borrowing of money and the issuance of bonds under certain restrictions, regulations and limitations; to prescribe the powers and duties of certain officers with reference thereto; and to validate certain proceedings heretofore taken," by amending sections 34, 35, and 67 (MCL 247.434, 247.435, and 247.467).
Was read a second time, and the question being on the adoption of the proposed amendments previously recommended by the Committee on House Oversight and Operations (for amendments, see House Journal No. 21, p. 488),
The amendments were 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.
House Bill No. 5712, entitled
A bill to amend 1945 PA 327, entitled "Aeronautics code of the state of Michigan," by amending section 35 (MCL 259.35).
The bill was read a second time.
Rep. Patterson moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
House Bill No. 5722, entitled
A bill to amend 1893 PA 206, entitled "The general property tax act," by amending sections 35, 41, 57a, 58, 62, 63, 64, 66, 67, 70, 73, 73a, 73b, 75, 83, 85, 86, 87, 88, 90, 95, 96, 97, 98, 98a, 99, 101, 102, 103, 105, 113, 121, 122, 127b, 130, 135, 138, 139, and 144 (MCL 211.35, 211.41, 211.57a, 211.58, 211.62, 211.63, 211.64, 211.66, 211.67, 211.70, 211.73, 211.73a, 211.73b, 211.75, 211.83, 211.85, 211.86, 211.87, 211.88, 211.90, 211.95, 211.96, 211.97, 211.98, 211.98a, 211.99, 211.101, 211.102, 211.103, 211.105, 211.113, 211.121, 211.122, 211.127b, 211.130, 211.135, 211.138, 211.139, and 211.144).
The bill was read a second time.
Rep. Patterson moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
House Bill No. 5742, entitled
A bill to amend 1921 PA 302, entitled "An act to provide for the supervision of private, denominational and parochial schools; to provide the manner of securing funds in payment of the expense of such supervision; to provide the qualifications of the teachers in such schools; and to provide for the endorsement of the provisions hereof," by amending section 1 (MCL 388.551).
The bill was read a second time.
Rep. Kuipers moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
______
Associate Speaker Pro Tempore Julian resumed the Chair.
House Bill No. 5665, entitled
A bill to amend 1919 PA 71, entitled "An act to provide for the formulation and establishment of a uniform system of accounting and reporting in the several departments, offices, and institutions of the state government, and in all county offices; to provide for the examination of the books and accounts of each state department, office, and institution, and of each county office; to provide for financial reports from all such departments, institutions, and offices, and for the tabulation and publication of comparative financial statistics relating thereto; to provide for the administration of this act; to provide for the powers and duties of the department of treasury, the auditor general, the library of Michigan and depository libraries, and other officers and entities; to provide penalties; and to provide for meeting the expense authorized by this act," by amending the title and sections 1, 2, 5, 6, 7, 8, 9, 10, 11, and 12 (MCL 21.41, 21.42, 21.45, 21.46, 21.47, 21.48, 21.49, 21.50, 21.51, and 21.52), the title as amended by 1996 PA 426, section 5 as amended by 1993 PA 196, and sections 11 and 12 as amended by 1985 PA 48; and to repeal acts and parts of acts.
Was read a second time, and the question being on the adoption of the proposed substitute (H-1) previously recommended by the Committee on House Oversight and Operations,
The substitute (H-1) was adopted, a majority of the members serving voting therefor.
Rep. Kuipers moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
House Bill No. 5750, entitled
A bill to amend 1984 PA 44, entitled "Motor fuels quality act," by amending section 4a (MCL 290.644a), as added by 1986 PA 127.
Was read a second time, and the question being on the adoption of the proposed substitute (H-1) previously recommended by the Committee on House Oversight and Operations,
The substitute (H-1) 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.
House Bill No. 5752, entitled
A bill to amend 1949 PA 300, entitled "Michigan vehicle code," by repealing sections 712 and 713 (MCL 257.712 and 257.713).
The bill was read a second time.
Rep. Patterson moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
House Bill No. 5754, entitled
A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by repealing part 51 (MCL 324.5101 to 324.5103).
The bill was read a second time.
Rep. Patterson moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
House Bill No. 5755, entitled
A bill to repeal 1927 PA 98, entitled "An act authorizing the state highway commissioner of the state of Michigan to enter into an agreement with the Wisconsin state highway commission to construct an interstate bridge project extending from approximately the intersection of Ogden avenue and Chandler street in the city of Menominee, Michigan, in a straight line terminating at the approximate center of Dunlap square in the city of Marinette, Wisconsin, and to provide for the cost and expense thereof," (MCL 254.121 to 254.123).
The bill was read a second time.
Rep. Patterson moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
Senate Bill No. 829, entitled
A bill to amend 1967 PA 55, entitled "An act relating to the management of state funds; to prescribe the powers and duties of the state treasurer and the state administrative board; and to repeal certain acts and parts of acts," by amending section 1 (MCL 12.51).
The bill was read a second time.
Rep. Middaugh moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
Senate Bill No. 830, entitled
A bill to amend 1965 PA 380, entitled "Executive organization act of 1965," by repealing section 88 (MCL 16.188).
The bill was read a second time.
Rep. Middaugh moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
Senate Bill No. 831, entitled
A bill to amend 1984 PA 431, entitled "The management and budget act," by amending section 389 (MCL 18.1389), as amended by 1988 PA 504.
The bill was read a second time.
Rep. Middaugh moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
Senate Bill No. 832, entitled
A bill to amend 1955 PA 70, entitled "An act to authorize cities to acquire and operate exhibition areas for commercial, industrial and agricultural products; to provide for the issuance of bonds to finance the cost thereof; to authorize the fixing and collecting of fees and other charges for the use of facilities therein; and to authorize the making of reasonable rules and regulations relative to the public use of facilities therein," by amending section 5 (MCL 123.655).
The bill was read a second time.
Rep. Middaugh moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
Senate Bill No. 833, entitled
A bill to amend 1933 PA 99, entitled "An act to authorize villages, townships, cities, and school districts to enter into contracts and agreements for the purchase of real or personal property for public purposes; to provide for the payment of the purchase price thereof; to authorize school districts to enter into certain other contracts; and to prescribe the use of the real or personal property," by amending section 1 (MCL 123.721), as amended by 1997 PA 77.
The bill was read a second time.
Rep. Middaugh moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
Senate Bill No. 835, entitled
A bill to amend 1980 PA 450, entitled "The tax increment finance authority act," by amending section 15 (MCL 125.1815), as amended by 1996 PA 271.
The bill was read a second time.
Rep. Middaugh moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
House Bill No. 5680, entitled
A bill to amend 1945 PA 47, entitled "An act to authorize 2 or more cities, townships, and villages, or any combination of cities, townships, and villages, to incorporate a hospital authority for planning, promoting, acquiring, constructing, improving, enlarging, extending, owning, maintaining, and operating 1 or more community hospitals and related buildings or structures and related facilities; to provide for the sale, lease, or other transfer of a hospital owned by a hospital authority to a nonprofit corporation established under the laws of this state for no or nominal monetary consideration; to define hospitals and community hospitals; to provide for changes in the membership therein; to authorize the cities, townships, and villages to levy taxes for community hospital purposes; to provide for the issuance of bonds; to provide for the pledge of assessments; to provide for borrowing money for operation and maintenance and issuing notes for operation and maintenance; to validate elections heretofore held and notes heretofore issued; to validate bonds heretofore issued; to authorize condemnation proceedings; to grant certain powers of a body corporate; to validate and ratify the organization, existence, and membership of entities acting as hospital authorities under the act and the actions taken by hospital authorities and by the members of the hospital authorities; and to prescribe penalties and provide remedies," by amending sections 5, 6, and 7 (MCL 331.5, 331.6, and 331.7), section 5 as amended by 1984 PA 17 and section 7 as amended by 1983 PA 78.
Was read a second time, and the question being on the adoption of the proposed substitute (H-1) previously recommended by the Committee on Local Government and Urban Policy,
The substitute (H-1) was adopted, a majority of the members serving voting therefor.
Rep. Birkholz moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
House Bill No. 5631, entitled
A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending section 34141 (MCL 324.34141), as added by 1995 PA 59.
The bill was read a second time.
Rep. Waters moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
House Bill No. 5632, entitled
A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending section 34146 (MCL 324.34146), as added by 1995 PA 59.
The bill was read a second time.
Rep. Hale moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
House Bill No. 5633, entitled
A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending section 50162 (MCL 324.50162), as added by 1995 PA 57.
The bill was read a second time.
Rep. Pestka moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
House Bill No. 5634, entitled
A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending section 74112 (MCL 324.74112), as added by 1995 PA 58.
The bill was read a second time.
Rep. Clark moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
Senate Bill No. 971, entitled
A bill to amend 1893 PA 206, entitled "The general property tax act," by amending section 87c (MCL 211.87c), as amended by 1999 PA 123; and to repeal acts and parts of acts.
Was read a second time, and the question being on the adoption of the proposed substitute (H-1) previously recommended by the Committee on Tax Policy,
The substitute (H-1) was adopted, a majority of the members serving voting therefor.
Rep. Middaugh moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
Senate Bill No. 973, entitled
A bill to amend 1893 PA 206, entitled "The general property tax act," by amending section 89 (MCL 211.89), as amended by 1982 PA 503.
The bill was read a second time.
Rep. Middaugh moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
House Bill No. 5466, entitled
A bill to amend 1954 PA 116, entitled "Michigan election law," by amending sections 46, 544c, 552, 590f, 590h, and 759 (MCL 168.46, 168.544c, 168.552, 168.590f, 168.590h, and 168.759), section 544c as amended by 1999 PA 219, section 552 as amended by 1999 PA 220, sections 590f and 590h as added by 1988 PA 116, and section 759 as amended by 1995 PA 261.
Was read a second time, and the question being on the adoption of the proposed substitute (H-1) previously recommended by the Committee on Redistricting and Elections,
The substitute (H-1) was not adopted, a majority of the members serving not voting therefor.
Rep. Richner moved to substitute (H-2) the bill.
The motion prevailed and the substitute (H-2) was adopted, a majority of the members serving voting therefor.
Rep. Richner moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
Senate Bill No. 811, 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 2001 PA 47.
The bill was read a second time.
Rep. Middaugh moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
Senate Bill No. 812, entitled
A bill to amend 1925 PA 368, entitled "An act to prohibit obstructions and encroachments on public highways, to provide for the removal thereof, to prescribe the conditions under which telegraph, telephone, power, and other public utility companies, cable television companies and municipalities may enter upon, construct and maintain telegraph, telephone, power or cable television lines, pipe lines, wires, cables, poles, conduits, sewers and like structures upon, over, across or under public roads, bridges, streets and waters and to provide penalties for the violation of this act," by amending section 13 (MCL 247.183), as amended by 1994 PA 306, and by adding section 1a.
The bill was read a second time.
Rep. Middaugh moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
______
Rep. Williams moved that Rep. Wojno be excused temporarily from today's session.
The motion prevailed.
The House returned to the consideration of
House Bill No. 5651, entitled
A bill to make appropriations for the department of transportation and certain transportation purposes for the fiscal year ending September 30, 2003; 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.
(The bill was considered earlier today, see today's Journal, p. 749.)
Rep. Spade moved to amend the bill as follows:
1. Amend page 30, following line 6, by inserting:
"Sec. 506. All counties in Michigan shall be exempt from any reduction in the receipt of Michigan transportation fund revenues resulting from an unconstitutional interdepartment grant.".
The question being on the adoption of the amendment offered by Rep. Spade,
Rep. Spade demanded the yeas and nays.
The demand was supported.
The question being on the adoption of the amendment offered by Rep. Spade,
The amendment was not adopted, a majority of the members serving not voting therefor, by yeas and nays, as follows:
Roll Call No. 355 Yeas--41
| Adamini | Dennis | Lipsey | Schauer |
| Anderson | Frank | Lockwood | Sheltrown |
| Basham | Gieleghem | McConico | Spade |
| Bernero | Hale | Minore | Stallworth |
| Bogardus | Hansen | Murphy | Switalski |
| Bovin | Hardman | O'Neil | Thomas |
| Brown, R. | Jacobs | Pestka | Waters |
| Callahan | Jamnick | Quarles | Williams |
| Clark, I. | Kolb | Reeves | Woodward |
| Clarke, H. | Lemmons | Rivet | Zelenko |
Daniels
Nays--56
| Allen | Gilbert | Kowall | Rocca |
| Birkholz | Godchaux | Kuipers | Scranton |
| Bisbee | Gosselin | LaSata | Shackleton |
| Bishop | Hager | Mead | Shulman |
| Bradstreet | Hart | Meyer | Stamas |
| Brown, C. | Howell | Middaugh | Stewart |
| Cassis | Hummel | Mortimer | Tabor |
| Caul | Jansen | Newell | Toy |
| DeRossett | Jelinek | Palmer | Van Woerkom |
| DeVuyst | Johnson, Rick | Pappageorge | Vander Roest |
| DeWeese | Johnson, Ruth | Patterson | Vander Veen |
| Drolet | Julian | Pumford | Vear |
| Faunce | Koetje | Richardville | Voorhees |
| George | Kooiman | Richner | Woronchak |
In The Chair: Julian
Rep. Drolet moved to amend the bill as follows:
1. Amend page 39, line 4, after "exceed" by striking out "$5,700,000.00" and inserting "$1.00".
The question being on the adoption of the amendment offered by Rep. Drolet,
Rep. Drolet demanded the yeas and nays.
The demand was supported.
The question being on the adoption of the amendment offered by Rep. Drolet,
The amendment was not adopted, a majority of the members serving not voting therefor, by yeas and nays, as follows:
Roll Call No. 356 Yeas--15
| Bradstreet | Faunce | Palmer | Vander Veen |
| Caul | Gosselin | Rocca | Vear |
| DeVuyst | Johnson, Ruth | Stamas | Voorhees |
| Drolet | Kuipers | Vander Roest |
Nays--85
| Adamini | Garza | Kowall | Richardville |
| Allen | George | LaSata | Richner |
| Anderson | Gieleghem | Lemmons | Rivet |
| Basham | Gilbert | Lipsey | Schauer |
| Bernero | Godchaux | Lockwood | Scranton |
| Birkholz | Hager | McConico | Shackleton |
| Bisbee | Hale | Mead | Sheltrown |
| Bishop | Hansen | Meyer | Shulman |
| Bogardus | Hardman | Middaugh | Spade |
| Bovin | Hart | Minore | Stallworth |
| Brown, C. | Howell | Mortimer | Stewart |
| Brown, R. | Hummel | Murphy | Switalski |
| Callahan | Jacobs | Neumann | Tabor |
| Cassis | Jamnick | Newell | Thomas |
| Clark, I. | Jansen | O'Neil | Toy |
| Clarke, H. | Jelinek | Pappageorge | Van Woerkom |
| Daniels | Johnson, Rick | Patterson | Waters |
| Dennis | Julian | Pestka | Williams |
| DeRossett | Koetje | Pumford | Woodward |
| DeWeese | Kolb | Quarles | Woronchak |
| Ehardt | Kooiman | Reeves | Zelenko |
Frank
In The Chair: Julian
Rep. Bovin moved to amend the bill as follows:
1. Amend page 30, following line 6, by inserting:
"Sec. 506. The counties of Delta, Dickinson, and Menominee shall be exempt from any reduction in the receipt of Michigan transportation fund revenues resulting from an unconstitutional interdepartment grant.".
The question being on the adoption of the amendment offered by Rep. Bovin,
Rep. Bovin demanded the yeas and nays.
The demand was supported.
The question being on the adoption of the amendment offered by Rep. Bovin,
The amendment was not adopted, a majority of the members serving not voting therefor, by yeas and nays, as follows:
Roll Call No. 357 Yeas--42
| Adamini | Dennis | Lipsey | Schauer |
| Anderson | Frank | Lockwood | Sheltrown |
| Basham | Garza | McConico | Spade |
| Bernero | Gieleghem | Minore | Stallworth |
| Bogardus | Hale | Murphy | Switalski |
| Bovin | Hansen | Neumann | Thomas |
| Brown, R. | Hardman | O'Neil | Waters |
| Callahan | Jacobs | Pestka | Williams |
| Clark, I. | Jamnick | Reeves | Woodward |
| Clarke, H. | Kolb | Rivet | Zelenko |
Daniels Lemmons
Nays--57
| Allen | Gilbert | Kowall | Rocca |
| Birkholz | Godchaux | Kuipers | Scranton |
| Bisbee | Gosselin | LaSata | Shackleton |
| Bishop | Hager | Mead | Shulman |
| Bradstreet | Hart | Meyer | Stamas |
| Brown, C. | Howell | Middaugh | Stewart |
| Cassis | Hummel | Mortimer | Tabor |
| Caul | Jansen | Newell | Toy |
| DeRossett | Jelinek | Palmer | Van Woerkom |
| DeVuyst | Johnson, Rick | Pappageorge | Vander Roest |
| DeWeese | Johnson, Ruth | Patterson | Vander Veen |
| Drolet | Julian | Pumford | Vear |
| Ehardt | Koetje | Richardville | Voorhees |
| Faunce | Kooiman | Richner | Woronchak |
George
In The Chair: Julian
Rep. Shackleton moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
Rep. Middaugh moved that the bill be placed on its immediate passage.
The motion prevailed, a majority of the members serving voting therefor.
By unanimous consent the House returned to the order of
Third Reading of Bills
House Bill No. 5651, entitled
A bill to make appropriations for the department of transportation and certain transportation purposes for the fiscal year ending September 30, 2003; 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 third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 358 Yeas--99
| Adamini | Frank | Kuipers | Rocca |
| Allen | Garza | LaSata | Schauer |
| Anderson | George | Lemmons | Scranton |
| Basham | Gieleghem | Lipsey | Shackleton |
| Bernero | Gilbert | Lockwood | Sheltrown |
| Birkholz | Godchaux | McConico | Shulman |
| Bisbee | Gosselin | Mead | Spade |
| Bishop | Hager | Meyer | Stallworth |
| Bogardus | Hale | Middaugh | Stamas |
| Bovin | Hansen | Minore | Stewart |
| Bradstreet | Hardman | Mortimer | Switalski |
| Brown, C. | Hart | Murphy | Tabor |
| Brown, R. | Howell | Neumann | Thomas |
| Callahan | Hummel | Newell | Toy |
| Cassis | Jacobs | O'Neil | Van Woerkom |
| Caul | Jamnick | Palmer | Vander Roest |
| Clark, I. | Jansen | Pappageorge | Vander Veen |
| Clarke, H. | Jelinek | Patterson | Vear |
| Daniels | Johnson, Rick | Pestka | Voorhees |
| Dennis | Johnson, Ruth | Pumford | Waters |
| DeRossett | Julian | Quarles | Williams |
| DeVuyst | Koetje | Reeves | Woodward |
| DeWeese | Kolb | Richardville | Woronchak |
| Ehardt | Kooiman | Richner | Zelenko |
| Faunce | Kowall | Rivet |
Nays--1
Drolet
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 make appropriations for the state transportation department and certain transportation purposes for the fiscal year ending September 30, 2003; 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.
The motion prevailed.
The House agreed to the title as amended.
By unanimous consent the House returned to the order of
Messages from the Senate
Senate Bill No. 930, entitled
A bill to amend 1931 PA 328, entitled "The Michigan penal code," (MCL 750.1 to 750.568) by adding chapter LXXXIII-A.
The Senate has amended the House substitute (H-1) as follows:
1. Amend page 1, line 5, after "A" by striking out "WILLFUL, DELIBERATE, AND PREMEDITATED" and inserting "WILLFUL AND DELIBERATE".
2. Amend page 4, line 3, after "BY" by striking out "THE" and inserting "A PREMEDITATED".
3. Amend page 6, following line 2, by striking out all of Enacting section 2 and renumbering the remaining enacting section.
The Senate has concurred in the House substitute (H-1) as amended and ordered that the bill be given immediate effect.
The Speaker announced that pursuant to Rule 45, the bill was laid over one day.
Rep. Middaugh moved that Rule 45 be suspended.
The motion prevailed, 3/5 of the members present voting therefor.
The Senate requested the return of
Senate Bill No. 930, entitled
A bill to amend 1931 PA 328, entitled "An act to revise, consolidate, codify and add to the statutes relating to crimes; to define crimes and prescribe the penalties therefor; to provide for restitution under certain circumstances; to provide for the competency of evidence at the trial of persons accused of crime; to provide immunity from prosecution for certain witnesses appearing at such trials; and to repeal certain acts and parts of acts inconsistent with or contravening any of the provisions of this act," (MCL 750.1 to 750.568) by adding chapter LXXXIII-A; and to repeal acts and parts of acts.
Rep. Middaugh moved that the request of the Senate be granted.
The motion prevailed.
The Speaker laid before the House
Senate Bill No. 1105, entitled
A bill to make appropriations for the state institutions of higher education and certain state purposes related to education for the fiscal year ending September 30, 2003; to provide for the expenditures of those appropriations; and to prescribe the powers and duties of certain state departments, institutions, agencies, employees, and officers.
(The bill was received from the Senate on March 19, with amendments to the House substitute (H-1), and immediate effect given by the Senate, consideration of which, under the rules, was postponed until today, see House Journal No. 26, p. 705.)
The question being on concurring in the amendments to the House substitute (H-1) made to the bill by the Senate,
Rep. Caul moved to amend the Senate amendments as follows:
1. Amend Senate Amendment No. 2, page 19, line 1, after "Sec. 312." by striking out the balance of the amendment and inserting "(1) From the funds appropriated in part 1, the Michigan higher education assistance authority shall establish and administer the nursing scholarship program. The department of treasury shall disburse the amount of the scholarship awards determined under subsection (2) to recipients.
(2) The authority shall review applications for and determine recipients of the scholarships, which are intended for tuition, fees, and associated costs of a nursing education program.
(3) The scholarships may be used by enrollees in a licensed practical nurse (LPN), associate degree of nursing (ADN), or bachelor's of science nursing (BSN) program approved by the Michigan department of education.
(4) The authority shall develop and adopt rules regarding the required commitment by graduates of a program described in subsection (3) who received scholarships under the nursing scholarship program to employment in a direct patient care setting. It shall also determine the amount of the scholarship for each of the educational tracks identified in subsection (3).
(5) Any unexpended and unencumbered funds remaining on September 30, 2003 from the amounts appropriated in part 1 for the nursing scholarship program shall not lapse on September 30, 2003, but shall continue to be available for expenditure for nursing scholarships provided in the 2003-2004 fiscal year. The use of these unexpended fiscal year 2002-2003 funds shall terminate at the end of the 2003-2004 fiscal year.
(6) When statutory provisions are enacted to provide for a nursing scholarship program, the provisions of subsections (2) through (5) are superseded.".
The motion prevailed and the amendment was adopted, a majority of the members serving voting therefor.
The question being on concurring in the amendments to the House substitute (H-1) made to the bill by the Senate,
The amendments, as amended, were concurred in, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 359 Yeas--95
| Adamini | Garza | Kuipers | Schauer |
| Allen | George | LaSata | Scranton |
| Anderson | Gieleghem | Lemmons | Shackleton |
| Basham | Gilbert | Lipsey | Sheltrown |
| Bernero | Godchaux | Lockwood | Shulman |
| Birkholz | Gosselin | Mead | Spade |
| Bisbee | Hager | Meyer | Stallworth |
| Bishop | Hale | Middaugh | Stamas |
| Bovin | Hansen | Mortimer | Stewart |
| Bradstreet | Hardman | Murphy | Switalski |
| Brown, C. | Hart | Neumann | Tabor |
| Brown, R. | Howell | Newell | Thomas |
| Cassis | Hummel | O'Neil | Toy |
| Caul | Jacobs | Palmer | Van Woerkom |
| Clark, I. | Jamnick | Pappageorge | Vander Roest |
| Clarke, H. | Jansen | Patterson | Vander Veen |
| Daniels | Jelinek | Pestka | Vear |
| Dennis | Johnson, Rick | Pumford | Voorhees |
| DeRossett | Johnson, Ruth | Quarles | Waters |
| DeVuyst | Julian | Reeves | Williams |
| DeWeese | Koetje | Richardville | Woodward |
| Drolet | Kolb | Richner | Woronchak |
| Ehardt | Kooiman | Rivet | Zelenko |
| Faunce | Kowall | Rocca |
Nays--5
Bogardus Frank McConico Minore
Callahan
In The Chair: Julian
______
Rep. Minore, having reserved the right to explain his nay vote, made the following statement:
"Mr. Speaker and members of the House:
Over the past two decades, the state has consistently shortchanged colleges and universities by reducing the proportion of operating funds provided by the state--and thereby forcing the institutions of higher education to increasingly rely on tuition from students.At one point the state provided about 75% of the operating costs, with tuition making up the balance. Today the state provides only about 50% of the funding. Student tuition has increased dramatically because of the state's failure to pay its fair share of college & university costs. I am therefore casting this "token" NO vote in protest of the state funding trend."
Rep. Bogardus, having reserved the right to explain her nay vote, made the following statement:
"Mr. Speaker and members of the House:
I voted no on Senate Bill 1105 because the universities of this state have been unwilling to control their costs or their tuition. During testimony on this bill, Dr. Stevens of the President's Council admitted that university president's can cut their budget without cutting services to faculty or students. Yet this budget allows universities to raise their tuition by up to ten percent! I chose to stand with the tuition paying parents and students of this state and vote no on this budget."
Rep. Callahan, having reserved the right to explain his nay vote, made the following statement:
"Mr. Speaker and members of the House:
While I support certain items within this budget, I voted no because I believe that the budget is a license to increase tuition over 10% on the working families of Michigan. In the limited testimony that was given on the budget, even the council that represents universities agreed that universities could trim their budgets and the waste within their budgets. Also the universities of this state have continued to let their costs spiral out of control as the state continued to increase their already ample budgets. The administrative costs keep on climbing along with the tuition payments of this state's students.
Also, the universities of this state are not required to face the painful cuts that other sate departments are required to face. While we are cutting funds for other critical programs, the universities get to continue with their hefty budgets.
Finally, at one time this budget included language that would have required that university presidents get around town like the rest of us, and not in limousines. This mandate was inexplicable removed from the final version.
I choose to stand with the tuition paying parents of my district and the entire state and reject this budget."
Second Reading of Bills
House Bill No. 4826, entitled
A bill to provide compensation to law enforcement officers who are killed in the line of duty.
Was read a second time, and the question being on the adoption of the proposed substitute (H-6) previously recommended by the Committee on Appropriations,
The substitute (H-6) was adopted, a majority of the members serving voting therefor.
Rep. Shackleton moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
Senate Bill No. 346, entitled
A bill to amend 1961 PA 236, entitled "Revised judicature act of 1961," by amending section 2922a (MCL 600.2922a), as added by 1998 PA 211.
The bill was read a second time.
Rep. Howell moved to amend the bill as follows:
1. Amend page 2, following line 11, by inserting:
"Enacting section 1. This amendatory act applies to a cause of action arising on or after May 1, 2002.".
The motion prevailed and the amendment was adopted, a majority of the members serving voting therefor.
Rep. Middaugh moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
Rep. Patterson moved that the bill be placed on its immediate passage.
The motion prevailed, a majority of the members serving voting therefor.
By unanimous consent the House returned to the order of
Third Reading of Bills
Senate Bill No. 346, entitled
A bill to amend 1961 PA 236, entitled "Revised judicature act of 1961," by amending section 2922a (MCL 600.2922a), as added by 1998 PA 211.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 360 Yeas--78
| Allen | Faunce | LaSata | Schauer |
| Anderson | Frank | Lockwood | Shackleton |
| Basham | George | McConico | Sheltrown |
| Bernero | Gieleghem | Mead | Shulman |
| Birkholz | Gilbert | Meyer | Spade |
| Bisbee | Gosselin | Middaugh | Stamas |
| Bishop | Hager | Mortimer | Stewart |
| Bovin | Hart | Neumann | Switalski |
| Bradstreet | Howell | Newell | Tabor |
| Brown, C. | Hummel | O'Neil | Thomas |
| Brown, R. | Jacobs | Palmer | Toy |
| Callahan | Jansen | Pappageorge | Van Woerkom |
| Cassis | Jelinek | Patterson | Vander Roest |
| Caul | Johnson, Rick | Pestka | Vander Veen |
| Clarke, H. | Johnson, Ruth | Pumford | Vear |
| DeRossett | Julian | Richardville | Voorhees |
| DeVuyst | Koetje | Richner | Woodward |
| DeWeese | Kooiman | Rivet | Woronchak |
| Drolet | Kowall | Rocca | Zelenko |
Ehardt Kuipers
Nays--22
| Adamini | Godchaux | Lemmons | Reeves |
| Bogardus | Hale | Lipsey | Scranton |
| Clark, I. | Hansen | Minore | Stallworth |
| Daniels | Hardman | Murphy | Waters |
| Dennis | Jamnick | Quarles | Williams |
Garza Kolb
In The Chair: Julian
Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows:
"An act to revise and consolidate the statutes relating to the organization and jurisdiction of the courts of this state; the powers and duties of such courts, and of the judges and other officers thereof; the forms and attributes of civil claims and actions; the time within which civil actions and proceedings may be brought in said courts; pleading, evidence, practice and procedure in civil and criminal actions and proceedings in said courts; to provide remedies and penalties for the violation of certain provisions of this act; to repeal all acts and parts of acts inconsistent with or contravening any of the provisions of this act; and to repeal acts and parts of acts,".
The House agreed to the full title.
Rep. Middaugh moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
Second Reading of Bills
House Bill No. 5127, entitled
A bill to name a certain portion of highway I-94 the "94th Combat Infantry Division Memorial Highway"; and to prescribe certain duties of the state transportation department.
Was read a second time, and the question being on the adoption of the proposed substitute (H-1) previously recommended by the Committee on Transportation,
The substitute (H-1) was adopted, a majority of the members serving voting therefor.
Rep. Stewart moved to substitute (H-2) the bill.
The motion did not prevail and the substitute (H-2) was not adopted, a majority of the members serving not voting therefor.
Rep. Stewart moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
House Bill No. 4827, entitled
A bill to amend 1937 PA 345, entitled "Fire fighters and police officers retirement act," by amending sections 6, 6a, and 6b (MCL 38.556, 38.556a, and 38.556b), section 6 as amended by 1991 PA 54, section 6a as amended by 1982 PA 145, and section 6b as added by 1986 PA 30.
Was read a second time, and the question being on the adoption of the proposed substitute (H-1) previously recommended by the Committee on Senior Health, Security and Retirement,
The substitute (H-1) was adopted, a majority of the members serving voting therefor.
Rep. Shackleton moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
Senate Bill No. 468, entitled
A bill to authorize the department of natural resources to convey certain state owned property in Genesee county; to prescribe conditions for the conveyance; and to provide for disposition of the revenue from the conveyance.
The bill was read a second time.
Rep. Shulman moved to substitute (H-2) the bill.
The motion prevailed and the substitute (H-2) was adopted, a majority of the members serving voting therefor.
Rep. Thomas moved to amend the bill as follows:
1. Amend page 3, line 22, by striking out the balance of the page through line 11, page 8.
The motion prevailed and the amendment was adopted, a majority of the members serving voting therefor.
Rep. Middaugh moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
Rep. Middaugh moved that the bill be placed on its immediate passage.
The motion prevailed, a majority of the members serving voting therefor.
By unanimous consent the House returned to the order of
Third Reading of Bills
Senate Bill No. 468, entitled
A bill to authorize the department of natural resources to convey certain state owned property in Genesee county; to prescribe conditions for the conveyance; and to provide for disposition of the revenue from the conveyance.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 361 Yeas--100
| Adamini | Faunce | Kowall | Rivet |
| Allen | Frank | Kuipers | Rocca |
| Anderson | Garza | LaSata | Schauer |
| Basham | George | Lemmons | Scranton |
| Bernero | Gieleghem | Lipsey | Shackleton |
| Birkholz | Gilbert | Lockwood | Sheltrown |
| Bisbee | Godchaux | McConico | Shulman |
| Bishop | Gosselin | Mead | Spade |
| Bogardus | Hager | Meyer | Stallworth |
| Bovin | Hale | Middaugh | Stamas |
| Bradstreet | Hansen | Minore | Stewart |
| Brown, C. | Hardman | Mortimer | Switalski |
| Brown, R. | Hart | Murphy | Tabor |
| Callahan | Howell | Neumann | Thomas |
| Cassis | Hummel | Newell | Toy |
| Caul | Jacobs | O'Neil | Van Woerkom |
| Clark, I. | Jamnick | Palmer | Vander Roest |
| Clarke, H. | Jansen | Pappageorge | Vander Veen |
| Daniels | Jelinek | Patterson | Vear |
| Dennis | Johnson, Rick | Pestka | Voorhees |
| DeRossett | Johnson, Ruth | Pumford | Waters |
| DeVuyst | Julian | Quarles | Williams |
| DeWeese | Koetje | Reeves | Woodward |
| Drolet | Kolb | Richardville | Woronchak |
| Ehardt | Kooiman | Richner | 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 authorize the department of natural resources to convey certain state owned parcels of property in Genesee county and Kalkaska county; to authorize the state administrative board to convey certain parcels of state owned property in Wayne county; to prescribe conditions for the conveyances; and to provide for disposition of the revenue from the conveyances.
The motion prevailed.
The House agreed to the title as amended.
Rep. Middaugh moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
By unanimous consent the House returned to the order of
Motions and Resolutions
Reps. Toy, Schauer, Zelenko, Richardville, Sheltrown, Vander Veen, Koetje, Kooiman, Spade, Middaugh, Stewart, DeRossett, Rivet, Pappageorge, Mead, Ehardt, Raczkowski, Julian, Vander Roest, Lockwood, Thomas, Dennis, George, Faunce, Van Woerkom, Schermesser, Gieleghem, Jamnick, Anderson, Cassis, Hansen, Adamini, Kolb, Murphy, Shulman, Waters, Wojno, McConico, Hardman, Clarke, Lemmons, Bovin, Basham, Jansen, Bradstreet, DeWeese, Voorhees, Jacobs, Rocca, Howell, Richner, Hager, Kuipers, Meyer, Bernero, Callahan, Woodward, Scranton, Woronchak and Birkholz offered the following resolution:
House Resolution No. 374.
A resolution commemorating the 125th anniversary of the Michigan Humane Society.
Whereas, The Michigan Humane Society marks its 125th anniversary in 2002. Throughout those many years, the Michigan Humane Society has tirelessly worked to directly aid and protect hundreds of thousands of animals in need. In the process of coming to the aid of homeless, lost, unwanted, injured, abused, and stray animals, they have also benefitted people who care about animals; and
Whereas, The Michigan Humane Society operates three full-service animal shelters and three full-service veterinary medical clinics in our state. They sterilize thousands of pets each year in their low-cost spay/neuter program. They will soon begin operation of a mobile Spay-Neuter Clinic that can travel anywhere needed to address the moral and financial tragedy of pet over-population; and
Whereas, The Michigan Humane Society medically treats thousands of animals in their clinics annually. Most notably, it includes a reduced or no-cost option through their Charitable Animal Hospitals program. The services of the Charitable Animal Hospitals program is also of direct benefit to low income pet owners and fixed income elderly pet owners who might otherwise not be able to afford medical care for their pets; and
Whereas, The Michigan Humane Society's Detroit facility is one of only a few sheltering humane societies in the United States that has not been abandoned and has willingly chosen to remain in a poor inner-city environment where the need for their services is so overwhelming. They receives no financial compensation for these services. They operate an Emergency Ambulance Rescue Service in the Detroit Metro region that helps over 5,000 animals annually; and
Whereas, The Humane Society's Detroit facility adopts out thousands of pets annually into new loving homes and operate a Pet Training Center in order to help pet owners resolve pet behavior problems. They offers humane education programs to young people in schools throughout the Detroit Metro region, creating more responsible pet owners for the future. They utilize the media and their adult-oriented humane education programs to help them reach out to pet owners and the general public about the need for responsible pet ownership; and
Whereas, The Society operates a Wildlife Rehabilitation Center that accepts injured wildlife and exotic animals until they can be rehabilitated and released into the wild or placed in a safe refugee. In addition, they have come to the assistance of countless local units of government whose law and animal control officers have confiscated dangerous wild and exotic animals and have contractually provided animal sheltering services to numerous western Wayne County cities who do not have shelters of their own, saving those cities and their taxpayers money; and
Whereas, The Michigan Humane Society's Cruelty Investigation Division investigates over 5,000 cases of animal cruelty annually. They maintain a conviction rate of over 98%. Their Cruelty Investigation Division offers free assistance and training to the employees of public animal control shelters and private humane societies around the state. The Michigan Humane Society also offers free assistance and training in humane euthanasia techniques, or other animal sheltering-related procedures, to the employees of public animal control shelters and private humane societies around the state. They operate a visiting pet-facilitated therapy program that improves the physical and emotional health of thousands of people in nursing homes and other institutions; and
Whereas, Since 1981, they have maintained a full-time lobbying presence at the State Capitol. They have been responsible for the passage of numerous progressive animal protection laws that, not only benefit animals but often also, enhance public safety. They have also conducted themselves as a mainstream animal protection organization that promotes respect for all life, both nonhuman and human, and as has distinguished itself by respecting the views of others. They work responsibly and cooperatively with others while avoiding the extremism of the left or right when trying to pass or defeat state legislation; and
Whereas, Though selflessly providing these and many other services to the animals and people of the state of Michigan, the Michigan Humane Society has never asked for, nor received, any public taxpayer dollars. They have been blessed with numerous employees and volunteers who unselfishly and tirelessly dedicate themselves to making this state and world a more compassionate and better place for animals and people alike; now, therefore, be it
Resolved by The House of Representatives, That the member of this legislative body commemorate the 125th anniversary of the Michigan Humane Society; and it be further
Resolved, That a copy of this resolution be transmitted to the Michigan Humane Society as evidence 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. Garza, Schauer, Zelenko, Richardville, Sheltrown, Toy, Kooiman, Spade, Rivet, Pappageorge, Ehardt, Lockwood, Thomas, Dennis, George, Faunce, Van Woerkom, Schermesser, Gieleghem, Jamnick, Anderson, Hansen, Adamini, Kolb, Murphy, Shulman, Waters, Wojno, Lipsey, McConico, Stallworth, Clark, Minore, Hardman, Clarke, Lemmons, Basham, Tabor, Pestka, Jansen, DeWeese, Voorhees, Jacobs, Howell, Hager, Kuipers, Bernero, Callahan, Woodward, Scranton and Birkholz offered the following resolution:
House Resolution No. 375.
A resolution to commemorate the birthday of Cesar E. Chavez.
Whereas, Cesar E. Chavez was born March 31, 1927, on a small farm near Yuma, Arizona, and died on April 23, 1993; and
Whereas, Numerous holidays, schools, parks, libraries, and other structures and events have been named after Cesar E. Chavez, internationally and in California, New York, Michigan, Indiana, Oklahoma, Arizona, Illinois, Minnesota, Colorado, New Mexico, Massachusetts, Texas, and Hawaii, with many more planned; and
Whereas, Cesar E. Chavez was a recipient of the Martin Luther King, Jr., Peace Prize during his lifetime and was awarded the Presidential Medal of Freedom by President Clinton on August 8, 1994; and
Whereas, The grandson of a Mexican immigrant and settler, he grew up working with migrant farm workers, himself picking grapes, melons, beans, and other staple crops at low wages and for long hours, during which time he developed a strong work ethic and respect for the farm workers his father called `the children of God'; and
Whereas, At the age of 18, Cesar E. Chavez entered the United States Navy and served his country with distinction for 2 years; and
Whereas, As early as 1949, Cesar E. Chavez committed himself to organizing farm workers to campaign for safe and fair working conditions, reasonable wages, decent housing, and the outlawing of child labor; and
Whereas, In 1962, Cesar E. Chavez founded the National Farm Workers Association, predecessor of the United Farm Workers of America, which brought hope to farm workers that they might one day realize the basic protections and workers' rights to which all Americans aspire; and
Whereas, Through his commitment to nonviolence, Cesar E. Chavez brought dignity and respect to the farm workers who organized themselves, and became an inspiration and a resource to other Americans and people engaged in human rights struggles throughout the world; and
Whereas, Cesar E. Chavez was an advocate for nonviolence at a time when violence penetrated every level of our society; and
Whereas, Cesar E. Chavez and his family also dedicated themselves to the education of farm workers' children through migrant schools, many of whom graduated and worked as teachers, doctors, nurses, and in other professional occupations; and
Whereas, The legacy of Cesar E. Chavez includes healthy working conditions that yield uncontaminated food for America's tables and the enforcement of employer sanctions for those who hire illegal immigrants; and
Whereas, Cesar E. Chavez's influence extends far beyond agriculture and provides inspiration for those working to better human rights through his example of organizing voter registration drives in urban and farm areas, initiating complaints against mistreatment by police and welfare officials, and empowering everyday workers to seek advancement in education and politics; and
Whereas, Cesar E. Chavez lived alongside his campesino brothers and sisters in humble surroundings and upon his passing was laid to rest where he lived and worked for 23 years on the grounds of the headquarters of the United Farm Workers of America, known as Nuestra Senora de La Paz (Our Lady of Peace), located in the Tehachapi Mountains at Keene, California: now, therefore, be it
Resolved by the House of Representatives, That Cesar E. Chavez be honored for his tireless commitment to improve the plight of farm workers and the poor throughout the United States and for the inspiration his heroic efforts gave to so many Americans to work nonviolently for justice in their communities and that a Federal holiday be recognized throughout the United States, and that all Americans be encouraged to commit themselves to working for justice through nonviolence in their communities and remind themselves of the work of the people who put food on the tables of America.
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. Godchaux, Zelenko, Richardville, Rivet, Pappageorge, Ehardt, Raczkowski, Lockwood, Thomas, Faunce, Van Woerkom, Schermesser, Gieleghem, Jamnick, Anderson, Hansen, Adamini, Kolb, Murphy, Shulman, McConico, Stallworth, Minore, Hardman, Clarke, Lemmons, DeWeese, Jacobs, Howell, Richner, Hager, Meyer, Bernero and Woodward offered the following resolution:
House Resolution No. 376.
A resolution honoring Thomas G. Denomme.
Whereas, It is with deep appreciation for the outstanding service that Thomas G. Denomme has put forth during his five-year tenure as member and chairman of the Michigan Gaming Control Board that we offer this recognition and expression of our thanks. As the people of the state of Michigan acknowledge his excellent service and outstanding contributions to the proper implementation and regulation of legalized casino gaming in the city of Detroit, we add our sentiments of gratitude for a job well-done; and
Whereas, On December 20, 1996, Governor John Engler appointed Thomas G. Denomme as one of the first five members of the Michigan Gaming Control Board and designated him to serve as the Board's first chairperson. From that date until his resignation on February 6, 2002, Mr. Denomme never missed a Board meeting, demonstrating his personal sense of duty; and
Whereas, Thomas G. Denomme's accomplishments while leading the Board included amending the original Voter-Initiated Act to sufficiently ensure stringent licensing standards and adequate Board authority to effectively promulgate licensing and regulation of casino gaming in Detroit and presiding over background investigations and licensing proceedings for the three licensed Detroit casinos and their respective licensed suppliers and employees. Mr. Denomme met these challenges with enthusiasm and a genuine interest in security and keeping the casino operations free of corrupt influences. This has been deeply appreciated by the state of Michigan's citizens and organizations that have benefited from Thomas G. Denomme's efforts; and
Whereas, There can be little doubt that the record of Thomas G. Denomme, serving as five-year member and chairman of the Michigan Gaming Control Board, will continue to reap rewards for the people of the state of Michigan. We offer our thanks; now, therefore, be it
Resolved by the House of Representatives, That the members of this legislative body honor Thomas G. Denomme. We join with the citizens of the state of Michigan in saluting him in recognition of his five outstanding years with the Michigan Gaming Control Board; and be it further
Resolved, That a copy of this resolution be transmitted to Thomas G. Denomme 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. Tabor, George, Schauer, Zelenko, Richardville, Sheltrown, Vander Veen, Koetje, Toy, Kooiman, Spade, Middaugh, Stewart, DeRossett, Rivet, Pappageorge, Mead, Ehardt, Raczkowski, DeVuyst, Julian, Vander Roest, Lockwood, Thomas, Drolet, Faunce, Van Woerkom, Schermesser, Gieleghem, Anderson, Cassis, Hansen, Adamini, Kolb, Murphy, Shulman, Wojno, Lipsey, McConico, Hardman, Clarke, Lemmons, Pestka, Jansen, Gosselin, Bradstreet, DeWeese, Voorhees, Ruth Johnson, Vear, Rocca, Howell, Richner, Hager, Kowall, Kuipers, Meyer, Bernero, Callahan, Woodward, Scranton and Birkholz offered the following resolution:
House Resolution No. 377.
A resolution honoring the achievements of the late Susan B. Anthony.
Whereas, We recognize the achievements of one of the first woman activists, Susan B. Anthony, for her success in the fight for women's suffrage, abolition of slavery and the passage of the Thirteenth Amendment, and the abolition of abortion; and
Whereas, In 1856 Susan B. Anthony became an agent for the American Anti-Slavery Society, making speeches, distributing leaflets, and arranging meetings, despite strong opposition to her cause. In 1863, Susan B. Anthony organized a Women's National Loyal League to support and petition for the Thirteenth Amendment outlawing slavery. She went on to campaign for black and women's full citizenship, including the right to vote in the Fourteenth and Fifteenth Amendments. However, she was bitterly disappointed when women were excluded from each of the amendments. Susan B. Anthony went on to attack lynchings and racial prejudice in Rochester, New York newspapers in the 1890's; and
Whereas, Susan B. Anthony played a tremendous roll in educational reform. She called for equal educational opportunities for all, regardless of race, and for all schools, colleges, and universities to open their doors to women and ex-slaves, as well as the admittance of the children of ex-slaves into public schools. In the 1890's, she worked hard to raise $50,000 in pledges to ensure the admittance of women to the University of Rochester. Along with the pledges, she put up the cash value of her own life insurance policy for this cause. Based upon her work, the University admitted women for the first time in 1900; and
Whereas, Susan B. Anthony spoke against the "evils" of abortion, which she called the symptoms of women's exploitation in the United States, including rape and prostitution. She called abortion "child murder" and fought hard for the rights of the unborn. In 1860, largely as the result of her efforts, the New York State Married Women's Property bill became law, allowing married women to own property, keep their own wages, and have custody of their children; and
Whereas, The suffrage movement was greatly influenced by the work of Susan B. Anthony, who was even arrested after voting with three of her sisters and a total of fifty women in 1872. In 1877, she gathered 10,000 signatures from 26 different states on petitions asking for the passage of a women's suffrage amendment. Fourteen years after her death in 1906, the Nineteenth Amendment was passed in congress allowing women the right to vote, greatly on the behalf of the work of Susan B. Anthony
"There will never be equality until women
themselves help to make laws and elect lawmakers."
Susan B. Anthony
; now, therefore, be it
Resolved by the House of Representatives, That the members of this legislative body honor the achievements of Susan B. Anthony in the fight for the rights of all Americans.
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.
THIS RESOLUTION IS OFFERED TO COMPLY WITH ARTICLE III, SECTION 8 OF THE MICHIGAN CONSTITUTION OF 1963.
Reps. Bradstreet and Bob Brown offered the following resolution:
House Resolution No. 378.
A resolution to request the opinion of the Michigan Supreme Court on the constitutionality of certain questions of law pertaining to provisions of 2002 PA 48.
Whereas, Article III, Section 8 of the Michigan Constitution of 1963 provides that either house of the legislature may request the opinion of the Supreme Court on important questions of law upon solemn occasions as to the constitutionality of legislation after it has been enacted but before its effective date; and
Whereas, On March 14, 2002, Enrolled Senate Bill No. 880, having been duly enacted by the Michigan Legislature, was signed by the Governor and became 2002 PA 48. This act becomes effective November 1, 2002; and
Whereas, The bill was supported by numerous parties, including the Michigan Municipal League, the Michigan Township Association, Ameritech, Michigan Cable Telecommunications Association, AT&T Broadband, the Education Alliance of Michigan, Association of Independent Colleges and Universities of Michigan, Michigan Manufacturers' Association, Small Business Association of Michigan, and others; and
Whereas, The general purpose of 2002 PA 48 is to encourage competition and the introduction of new broadband services throughout the state. This act contemplates streamlining the process for authorizing access to and use of public rights-of-way by telecommunications providers, and provides for a common public rights-of-way maintenance fee applicable to telecommunications providers; and
Whereas, Section 3(1) of 2002 PA 48 creates the Metropolitan Extension Telecommunications Rights-of-Way Oversight Authority, pursuant to Article VII, Section 27 of the Michigan Constitution of 1963 and any other applicable law. Section 3(3) of 2002 PA 48 provides that the Rights-of-Way Oversight Authority has the power to assess fees on telecommunications providers owning telecommunications facilities in public rights-of-way. Section 5(2) of 2002 PA 48 states that a telecommunications provider asserting rights under 1883 PA 129 is subject to the permit and fee requirements of 2002 PA 48; and
Whereas, Section 4(1) of 2002 PA 48 provides that a...municipality in a metropolitan area shall not enact, maintain, or enforce an ordinance, local law, or other legal requirement applicable to telecommunication providers that is inconsistent with this act or that assesses fees or requires other consideration for access to or use of the public rights-of-way that are in addition to the fees required under this Act
; and
Whereas, The resolution of questions relating to the constitutionality of 2002 PA 48 is important to its certain and orderly implementation; now, therefore, be it
Resolved by the House of Representatives, That, pursuant to Article III, Section 8 of the Michigan Constitution of 1963, we respectfully request the Michigan Supreme Court to issue an advisory opinion on the following questions:
1. Whether the Metropolitan Extension Telecommunications Rights-of-Way Oversight Authority may constitutionally require a permit, under Section 5 of 2002 PA 48, and assess an annual maintenance fee, under Section 8 of 2002 PA 48, on all telecommunications providers in Michigan, including those providers that assert pre-existing franchise rights under 1883 PA 129.
2. Whether the Metropolitan Extension Telecommunications Rights-of-Way Oversight Authority, as established and empowered under Section 3 of 2002 PA 48, is duly constituted as a metropolitan authority under Article VII, Section 27 of the Michigan Constitution of 1963.
3. Whether the creation of an authority under Article VII, Section 27 of the Michigan Constitution of 1963 possessing the powers and duties provided for in 2002 PA 48 is a constitutional exercise of the Legislature's powers consistent with Article VII, Section 29 of the Michigan Constitution of 1963.
4. Whether the annual maintenance fee required to be paid by telecommunications providers under the provisions of 2002 PA 48 to recover the costs and in consideration of the right to use public rights-of-way constitutes a valid fee that is not prohibited from being imposed without voter approval by Article IX, Section 31 of the Michigan Constitution of 1963.
5. Whether Section 8 of 2002 PA 48, in requiring an annual maintenance fee on telecommunications providers with facilities located in the public rights-of-way, constitutes a tax that a unit of local government is prohibited from levying without approval of a majority of electors of that unit of local government in violation of the requirements of Article IX, Section 31 of the Michigan Constitution of 1963.
The questions involved are of great importance and solemn concern to the people of the state of Michigan; and be it further
Resolved, That a copy of this resolution be transmitted to the Michigan Supreme Court.
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. Bogardus, Schauer, Zelenko, Richardville, Sheltrown, Spade, Rivet, Pappageorge, Ehardt, Raczkowski, DeVuyst, Julian, Vander Roest, Lockwood, Thomas, Dennis, Drolet, George, Faunce, Van Woerkom, Schermesser, Gieleghem, Jamnick, Anderson, Cassis, Hansen, Adamini, Kolb, Murphy, Shulman, Wojno, Lipsey, McConico, Stallworth, Clark, Minore, Garza, Hardman, Clarke, Bovin, Basham, Bradstreet, DeWeese, Voorhees, Vear, Jacobs, Rocca, Howell, Richner, Hager, Meyer, Bernero, Callahan, Woodward, Scranton and Birkholz offered the following resolution:
House Resolution No. 379.
A resolution honoring the players and coaches of the Davison Cardinals Wrestling Team as the 2002 State Division 1 High School Champions.
Whereas, In a dominating display of skill, consistency, and determination, the Davison High School Wrestling Team has laid claim to the State Division 1 High School Wrestling Championship and brought home to Davison and Genesee County the coveted trophy, having defeated every Michigan team they faced this season; and
Whereas, These young men not only began their season by setting high individual goals, they brought those goals into fruition by constant hard work and total dedication throughout the entire season. Under the direction of Coach Hall, this Cardinal team blended their individual strengths into an almost indestructible unit that earned an 11th place national ranking, losing only once to an out-of-state power team ranked 4th nationally; and
Whereas, The Davison Cardinal wrestling team has earned from other state wrestling coaches accolades such as "Without a doubt, that's the best collection of athletes I've seen in a while at the high school level" and "That's the best high school team I've ever seen."; and
Whereas, We are proud to commend the dedication of the following student-athletes and coaches:
Coaches
Roy Hall Kent Elliot Jim Bailey Bob Smith Rick Burns
Wrestlers
| Derek Alonzi | Kevin Austin | Quinn Boyce | Tyree Broadway |
| Justin Brown | Nathan Bundy | Dan Charron | Adam Chmiel |
| Chris Clark | Zachary Denkins | Vance Denooijer | Paul Donahoe |
| Srdjan Dortenzio | Adam Koss | Brent Metcalf | Chase Metcalf |
| Justin Miller | Doug Olds | Trevor Perry | Brandon Peterson |
| Jesse Reader | Kevin Reynolds | Cory Rogers | Chad Roush |
| Jason Sargent | Joe Schaffer | Derek Skinner | Casey Streeter |
| Paul Thomas | Aaron Wells | Casey West | Ryan West |
| Jason Whitman | John Whitman | Adam Wilmoth |
; now, therefore, be it
Resolved by the House of Representative, That the members of this legislative body honor the players and coaches of the Davison Cardinals Wrestling Team as the 2002 State Division 1 High School Champions; and be it further
Resolved, That a copy of this resolution be transmitted to the wrestlers and coaches 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.
Messages from the Senate
House Bill No. 5328, entitled
A bill to amend 1879 PA 237, entitled "An act to provide for the execution, acknowledgment, and recording of contracts for the sale of land," by amending section 6 (MCL 565.356), as added by 1998 PA 106.
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. 5400, entitled
A bill to amend 1956 PA 218, entitled "The insurance code of 1956," by amending section 5208 (MCL 500.5208), as amended by 1984 PA 267, and by adding section 407a.
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. 5216, entitled
A bill to amend 1954 PA 116, entitled "Michigan election law," by amending sections 2, 31, 770, 770a, 771, 773, and 794a (MCL 168.2, 168.31, 168.770, 168.770a, 168.771, 168.773, and 168.794a), section 2 as amended by 1999 PA 216, section 31 as amended by 1999 PA 220, and section 794a as amended by 1995 PA 261, and by adding section 37; and to repeal acts and parts of acts.
The Senate has substituted (S-4) the bill.
The Senate has passed the bill as substituted (S-4), ordered that it be given immediate effect and amended the title to read as follows:
A bill to amend 1954 PA 116, entitled "An act to reorganize, consolidate, and add to the election laws; to provide for election officials and prescribe their powers and duties; to prescribe the powers and duties of certain state departments, state agencies, and state and local officials and employees; to provide for the nomination and election of candidates for public office; to provide for the resignation, removal, and recall of certain public officers; to provide for the filling of vacancies in public office; to provide for and regulate primaries and elections; to provide for the purity of elections; to guard against the abuse of the elective franchise; to define violations of this act; to provide appropriations; to prescribe penalties and provide remedies; and to repeal certain acts and all other acts inconsistent with this act," by amending sections 2, 33, 770, 770a, 771, 773, 794a, 795, and 971 (MCL 168.2, 168.33, 168.770, 168.770a, 168.771, 168.773, 168.794a, 168.795, and 168.971), section 2 as amended by 1999 PA 216, section 33 as amended by 1996 PA 583, section 794a as amended by 1995 PA 261, section 795 as amended by 2001 PA 269, and section 971 as amended by 1976 PA 66, and by adding section 37; and to repeal acts and parts of acts.
The Speaker announced that pursuant to Rule 45, the bill was laid over one day.
House Bill No. 5486, entitled
A bill to amend 1978 PA 59, entitled "Condominium act," by amending sections 58, 67, 69, 71, 90, 90a, 108, 112, 135, 173, and 176 (MCL 559.158, 559.167, 559.169, 559.171, 559.190, 559.190a, 559.208, 559.212, 559.235, 559.273, and 559.276), sections 58, 67, 69, 90, 108, 112, and 135 as amended and sections 90a and 176 as added by 2000 PA 379, section 71 as amended by 1982 PA 538, and section 173 as amended by 1983 PA 113; and to repeal acts and parts of acts.
The Senate has amended the bill as follows:
1. Amend page 1, following "THE PEOPLE OF THE STATE OF MICHIGAN ENACT:" by inserting:
"Sec. 54. (1) The bylaws shall contain provisions for the designation of persons to administer the affairs of the condominium project and shall require that those persons keep books and records with a detailed account of the expenditures and receipts affecting the condominium project and its administration, and which specify the operating expenses of the project.
(2) The bylaws shall provide that the person designated to administer the affairs of the project shall be assessed as the person in possession for any tangible personal property of the project owned or possessed in common by the co-owners. Personal property taxes based on that tangible personal property shall be treated as expenses of administration.
(3) The bylaws shall contain specific provisions directing the courses of action to be taken in the event of partial or complete destruction of the building or buildings in the project.
(4) The bylaws shall provide that expenditures affecting the administration of the project shall include costs incurred in the satisfaction of any liability arising within, caused by, or connected with, the common elements or the administration of the condominium project, and that receipts affecting the administration of the condominium project shall include all sums received as the proceeds of, or pursuant to, a policy of insurance securing the interest of the co-owners against liabilities or losses arising within, caused by, or connected with the common elements or the administration of the condominium project.
(5) The bylaws shall provide that the association of co-owners shall prepare and distribute to each owner at least once each year a financial statement, the contents of which shall be defined by the association of co-owners.
(6) The bylaws shall provide an indemnification clause for the board of directors of the association of co-owners. The indemnification clause shall require that 10 days' notice, before payment under the clause, be given to the co-owners. The indemnification clause shall exclude indemnification for willful and wanton misconduct and for gross negligence.
(7) The bylaws may allocate to each condominium unit a number of votes in the association of co-owners proportionate to the percentage of value appertaining to each condominium unit, or an equal number of votes in the association of co-owners.
(8) The bylaws shall contain a provision providing that arbitration of disputes, claims, and grievances arising out of or relating to the interpretation of the application of the condominium document or arising out of disputes among or between co-owners shall be submitted to arbitration and that the parties to the dispute, claim, or grievance shall accept the arbitrator's decision as final and binding, upon the election and written consent of the parties to the disputes, claims, or grievances and upon written notice to the association. The commercial arbitration rules of the American arbitration association are applicable to any such arbitration.
(9) In the absence of the election and written consent of the parties under subsection (8), neither a co-owner nor the association is prohibited from petitioning a court of competent jurisdiction to resolve any dispute, claim, or grievance.
(10) The election by the parties to submit any dispute, claim, or grievance to arbitration prohibits the parties from petitioning the courts regarding that dispute, claim, or grievance.
(11) SUBSECTIONS (8), (9), AND (10) APPLY ONLY TO CONDOMINIUM PROJECTS ESTABLISHED ON OR AFTER THE EFFECTIVE DATE OF THE AMENDATORY ACT THAT ADDED THIS SUBSECTION.".
2. Amend page 20, line 12, after "84A(1)." by inserting "THIS SUBSECTION APPLIES ONLY TO CONDOMINIUM PROJECTS ESTABLISHED ON OR AFTER THE EFFECTIVE DATE OF THE AMENDATORY ACT THAT ADDED THIS SUBSECTION.".
3. Amend page 22, line 14, by striking out all of subsection (4).
4. Amend page 22, line 17, after "Sec. 176." by inserting "(1)".
5. Amend page 22, line 22, after "DATE" by striking out the comma and inserting a period and "FURTHER, A PERSON SHALL NOT MAINTAIN AN ACTION DESCRIBED IN THIS SUBSECTION".
6. Amend page 22, following line 25, by inserting:
"(2) SUBSECTION (1) APPLIES ONLY TO CONDOMINIUM PROJECTS ESTABLISHED ON OR AFTER THE EFFECTIVE DATE OF THE AMENDATORY ACT THAT ADDED THIS SUBSECTION.".
The Senate has passed the bill as amended, ordered that it be given immediate effect and amended the title to read as follows:
A bill to amend 1978 PA 59, entitled "An act relative to condominiums and condominium projects; to prescribe powers and duties of the administrator; to provide certain protections for certain tenants, senior citizens, and persons with disabilities relating to conversion condominium projects; to provide for escrow arrangements; to provide an exemption from certain property tax increases; to impose duties on certain state departments; to prescribe remedies and penalties; and to repeal acts and parts of acts," by amending sections 54, 58, 67, 69, 71, 90, 90a, 108, 112, 135, 173, and 176 (MCL 559.154, 559.158, 559.167, 559.169, 559.171, 559.190, 559.190a, 559.208, 559.212, 559.235, 559.273, and 559.276), sections 54, 58, 67, 69, 90, 108, 112, and 135 as amended and sections 90a and 176 as added by 2000 PA 379, section 71 as amended by 1982 PA 538, and section 173 as amended by 1983 PA 113; and to repeal acts and parts of acts.
The Speaker announced that pursuant to Rule 45, the bill was laid over one day.
Senate Bill No. 1107, entitled
A bill to amend 1979 PA 94, entitled "The state school aid act of 1979," by amending sections 11, 19, 20, 22a, 22b, 24, 26a, 31a, 31d, 32d, 37, 38, 39, 41, 51a, 51c, 56, 57, 61a, 62, 67, 68, 74, 81, 94, 94a, 96, 98, 99, l05, 107, 108, 147, and 169a (MCL 388.1611, 388.1619, 388.1620, 388.1622a, 388.1622b, 388.1624, 388.1626a, 388.1631a, 388.1631d, 388.1632d, 388.1637, 388.1638, 388.1639, 388.1641, 388.1651a, 388.1651c, 388.1656, 388.1657, 388.1661a, 388.1662, 388.1667, 388.1668, 388.1674, 388.1681, 388.1694, 388.1694a, 388.1696, 388.1698, 388.1699, 388.1705, 388.1707, 388.1708, 388.1747, and 388.1769a), sections 11, 20, 22a, 22b, 24, 26a, 31a, 31d, 32d, 41, 51a, 51c, 56, 57, 61a, 62, 67, 68, 74, 81, 94, 94a, 98, 99, 107, and 147 as amended by 2001 PA 121, and sections 19, 37, 38, 39, 96, 105, and 108 as amended by 2000 PA 297, and section 169a as amended by 1997 PA 93, and by adding sections 11j, 39a, 51d, 99a, and 121a; and to repeal acts and parts of acts.
The Senate has nonconcurred in the House substitute (H-1) and appointed Senators Stille, DeGrow and DeBeaussaert as conferees.
The message was referred to the Clerk for record.
The Speaker appointed as conferees, on the part of the House of Representatives, Reps. Jelinek, Rick Johnson and Switalski.
Senate Bill No. 926, entitled
A bill to amend 1999 PA 94, entitled "Michigan merit award scholarship act," by amending sections 5, 6, 7, and 8 (MCL 390.1455, 390.1456, 390.1457, and 390.1458).
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. 1009, entitled
A bill to amend 1978 PA 368, entitled "Public health code," by amending section 16611 (MCL 333.16611).
The Senate has passed the bill.
The bill was read a first time by its title and referred to the Committee on Health Policy.
Senate Bill No. 1101, entitled
A bill to make appropriations for the department of community health and certain state purposes related to mental health, public health, and medical services for the fiscal year ending September 30, 2003; to provide for the expenditure of those appropriations; to create funds; to require and provide for reports; to prescribe the powers and duties of certain local and state agencies and departments; and to provide for disposition of fees and other income received by the various state agencies.
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. 1102, 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, 2003; 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 passed the bill.
The bill was read a first time by its title and referred to the Committee on Appropriations.
Senate Bill No. 1104, entitled
A bill to make appropriations for the department of environmental quality for the fiscal year ending September 30, 2003; to provide for the expenditure of those appropriations; to create certain funds and accounts; to require certain reports; to prescribe the powers and duties of certain state agencies and officials; to authorize certain transfers by certain state agencies; and to provide for the disposition of fees and other income received by the various state agencies.
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. 1106, entitled
A bill to make appropriations for the department of natural resources for the fiscal year ending September 30, 2003; to provide for the expenditure of those appropriations; to create funds and accounts; to require reports; to prescribe certain powers and duties of certain state agencies and officials; to authorize certain transfers by certain state agencies; and to provide for the disposition of fees and other income received by the various state agencies.
The Senate has passed the bill.
The bill was read a first time by its title and referred to the Committee on Appropriations.
Senate Concurrent Resolution No. 53
A concurrent resolution to memorialize the Congress of the United States to turn over the management of federal forest lands to the states through a block grant program along with all appropriate accompanying federal funds.
Whereas, In recent years, our country has benefited from public policy encouraging the states to assume responsibility for tasks long handled by the federal government. Experts in many fields have come to accept the wisdom of utilizing state expertise and resources to deal with problems that are best addressed locally rather than from Washington, D.C.; and
Whereas, The management of public forest lands is another area that should be turned over to states through a program of block grants. Michigan, with more public forests than any other state in the eastern portion of the country, has compiled an impressive record of success in the management of its resources. The condition of Michigan's state forest acreage is a model for other parts of the country; and
Whereas, There are several sound reasons why forest management would be more efficiently and productively managed by the state instead of the federal government. State management offers flexibility, rather than a "one size fits all" approach; shorter lines of communication; better communication within local regions; and generally lower overall costs. State control over forest operations in Michigan will more accurately reflect our citizens' historic sense of commitment and investment in this vitally important resource; now, therefore, be it
Resolved by the Senate (the House of Representatives concurring), That we memorialize the Congress of the United States to turn over the management of federal forest lands to the states through a block grant program along with all appropriate accompanying federal funds; 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 Senate has adopted the concurrent resolution.
The concurrent resolution was referred to the Committee on Conservation and Outdoor Recreation.
House Bill No. 5763, entitled
A bill to amend 1936 (Ex Sess) PA 1, entitled "Michigan employment security act," by amending sections 19, 20, 27, 29, 32, and 48 (MCL 421.19, 421.20, 421.27, 421.29, 421.32, and 421.48), section 19 as amended by 1996 PA 535, section 20 as amended by 1994 PA 162, section 27 as amended by 1995 PA 181, section 29 as amended by 1995 PA 25, section 32 as amended by 1996 PA 503, and section 48 as amended by 1983 PA 164, and by adding sections 13l and 32b.
The Senate has appointed Senators Steil, DeGrow and Cherry as conferees to join with Reps. Rick Johnson, Bisbee and Thomas.
The bill was referred to the Conference Committee on March 20, 2002.
______
Rep. Drolet moved that the House adjourn.
The motion prevailed, the time being 11:05 p.m.
Associate Speaker Pro Tempore Julian declared the House adjourned until Thursday, March 21, at 12:00 Noon.
GARY L. RANDALL
Clerk of the House of Representatives.