No. 18

STATE OF MICHIGAN

JOURNAL

OF THE

House of Representatives

92nd Legislature

REGULAR SESSION OF 2003

House Chamber, Lansing, Wednesday, March 12, 2003.

1:00 p.m.

The House was called to order by the Speaker Pro Tempore.

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

 

Accavitti--present	Garfield--present	Meisner--present	Sheen--present
Acciavatti--present	Gieleghem--present	Meyer--present	Sheltrown--present
Adamini--present	Gillard--present	Middaugh--present	Shulman--present
Amos--present	Gleason--present	Milosch--present	Smith--present
Anderson--present	Hager--present	Minore--present	Spade--present
Bieda--present	Hardman--present	Moolenaar--present	Stahl--present
Bisbee--present	Hart--present	Murphy--excused	Stakoe--present
Bradstreet--present	Hood--present	Newell--present	Stallworth--excused
Brandenburg--present	Hoogendyk--present	Nitz--present	Steil--present
Brown--present	Hopgood--present	Nofs--present	Stewart--present
Byrum--present	Howell--present	O'Neil--present	Tabor--present
Casperson--present	Huizenga--present	Paletko--present	Taub--present
Caswell--present	Hummel--present	Palmer--present	Tobocman--present
Caul--present	Hune--present	Palsrok--present	Vagnozzi--present
Cheeks--present	Hunter--present	Pappageorge--excused	Van Regenmorter--present
Clack--present	Jamnick--present	Pastor--present	Vander Veen--present
Condino--present	Johnson, Rick--present	Phillips--present	Voorhees--present
Daniels--present	Johnson, Ruth--present	Plakas--present	Walker--present
Dennis--present	Julian--present	Pumford--present	Ward--present
DeRoche--present	Koetje--present	Reeves--present	Waters--present
DeRossett--present	Kolb--present	Richardville--present	Wenke--present
Drolet--present	Kooiman--present	Rivet--present	Whitmer--present
Ehardt--present	LaJoy--present	Robertson--present	Williams--present
Elkins--present	LaSata--present	Rocca--present	Wojno--present
Emmons--present	Law--present	Sak--present	Woodward--present
Farhat--present	Lipsey--present	Shackleton--present	Woronchak--present
Farrah--present	McConico--present	Shaffer--present	Zelenko--present

Gaffney--present

e/d/s = entered during session

Rep. Brenda Clack, from the 34th District, offered the following invocation:

"As we gather in this place, O Lord, bind our hearts with love, bind our hearts with strength, bind our hearts with understanding and appreciation of each other and our differences. This morning, as citizens of this country, we are engaged in the great thoughts and ideas of going to war. Give those individuals who are responsible for making the decisions for us, the strength to make the best decisions. As we gather in this place, O Lord, give us the fortitude, the understanding and the appreciation of our differences to help us bind ourselves together. Know that we are not here just for ourselves, we are here representing a group of people in Michigan. We have many strengths, we have many witnesses, but we are as one. Bind our hearts, O Lord. Give us the strength. I ask these words in Thy name. Amen."

______

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

The motion prevailed.

Rep. Waters moved that Reps. Murphy and Stallworth be excused from today's session.

The motion prevailed.

Motions and Resolutions

Reps. Bieda, Adamini, Anderson, Brandenburg, Brown, Caswell, Clack, Dennis, DeRossett, Drolet, Farrah, Gaffney, Garfield, Gieleghem, Gleason, Hager, Hoogendyk, Hopgood, Ruth Johnson, LaJoy, Lipsey, McConico, Meisner, Milosch, Nofs, O'Neil, Paletko, Palmer, Pastor, Plakas, Rivet, Shaffer, Sheen, Sheltrown, Spade, Stahl, Stakoe, Steil, Tobocman, Vagnozzi, Vander Veen, Voorhees, Wojno, Woronchak, Zelenko, Ehardt, Huizenga, Kolb, Stewart, DeRoche, Hune, Walker, Rocca and Sak offered the following resolution:

House Resolution No. 25.

A resolution to express support for our troops and for public policies that will recognize the sacrifices being made by their families.

Whereas, As the United States military faces several difficult situations around the globe, Michigan is joining this effort to protect our liberties from a wide range of threats. Numerous National Guard units in Michigan have been called to active duty. Many of these personnel are going to replace other units that have been on duty throughout the country, and several are active in the work of providing homeland security; and

Whereas, For each member of our reserve forces called to active duty and for each soldier, sailor, or Marine deployed overseas, there is a family left behind to cope with the challenges of daily living. These men, women, and children face difficulties in many ways, and the uncertain duration of the separation for many of them makes the situation even worse; and

Whereas, Expressing support for our troops is an important step to take. Regardless of the strategies, diplomacy, and other factors that determine how, where, and when military forces are used, it is most appropriate to stand behind the men and women who protect us and our way of life. Moreover, we must extend this support to the public policy decisions we make; now, therefore, be it

Resolved by the House of Representatives, That we express support for our troops and for public policies that will recognize the sacrifices being made by the families of our military personnel; and be it further

Resolved, That copies of this resolution be transmitted to the Michigan Department of Military and Veterans Affairs.

The resolution was referred to the Committee on Veterans Affairs and Homeland Security.

Reports of Standing Committees

The Committee on Conservation and Outdoor Recreation, by Rep. Tabor, Chair, reported

House Bill No. 4139, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending section 43536a (MCL 324.43536a), as added by 1996 PA 585.

Without amendment and with the recommendation that the bill pass.

The bill was referred to the order of Second Reading of Bills and laid over one day.

Favorable Roll Call

To Report Out:

Yeas: Reps. Tabor, Milosch, Richardville, Nitz, Gillard, Farrah, Sheltrown and Accavitti,

Nays: None

COMMITTEE ATTENDANCE REPORT

The following report, submitted by Rep. Tabor, Chair of the Committee on Conservation and Outdoor Recreation, was received and read:

Meeting held on: Wednesday, March 12, 2003, at 10:30 a.m.

Present: Reps. Tabor, Milosch, Richardville, Nitz, Gillard, Farrah, Sheltrown and Accavitti

Absent: Reps. Bradstreet, Ehardt and Rocca

Excused: Reps. Bradstreet, Ehardt and Rocca

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Tuesday, March 11, 2003, at 3:16 p.m.

Present: Reps. Palmer, Hummel, Meyer, Bradstreet, Hager, Hart, Ruth Johnson, Voorhees, Vander Veen, Nofs, Stahl, Gieleghem, Vagnozzi, Spade, Smith, Hopgood, Meisner and Clack

Absent: Rep. Tabor

Excused: Rep. Tabor

COMMITTEE ATTENDANCE REPORT

The following report, submitted by Rep. Bradstreet, Chair of the Committee on Energy and Technology, was received and read:

Meeting held on: Wednesday, March 12, 2003, at 9:00 a.m.

Present: Reps. Bradstreet, Huizenga, Middaugh, LaSata, Casperson, Garfield, LaJoy, Nitz, Palsrok, Stahl, McConico, Rivet, Daniels, Woodward and Hopgood

Absent: Reps. Bisbee, DeRoche, Murphy and Stallworth

Excused: Reps. Bisbee and Murphy

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Wednesday, March 12, 2003, at 9:00 a.m.

Present: Reps. Wenke, Sheen, Woronchak, Meyer, Drolet, Hummel, Palmer, Milosch, Nofs, Stakoe, O'Neil, Minore, Farrah, Bieda and Condino

Absent: Reps. Koetje and Zelenko

Excused: Reps. Koetje and Zelenko

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Wednesday, March 12, 2003, at 10:30 a.m.

Present: Reps. Julian, Hune, Ehardt, Middaugh, Hummel, Garfield, Robertson, Sheen, Daniels, Woodward, Anderson, Wojno, Hood and Gillard

Absent: Rep. Bisbee

Excused: Rep. Bisbee

Announcement by the Clerk of Printing and Enrollment

The Clerk announced that the following joint resolution had been printed and placed upon the files of the members, Friday, February 28:

Senate Joint Resolution B

The Clerk announced that the following bill and joint resolution had been printed and placed upon the files of the members, Thursday, March 6:

Senate Bill No. 258

Senate Joint Resolution C

The Clerk announced that the following bills had been printed and placed upon the files of the members, Friday, March 7:

Senate Bill Nos.	259	260	261	262	263	264	265	266	267	268	269	270	271	272
	273	274	275	276	277	278	279	280	281	282	283	284	285	286
	287	288

The Clerk announced that the following bills had been printed and placed upon the files of the members, Wednesday, March 12:

House Bill Nos. 4310 4311 4312 4313 4314 4315 4316 4317 4318 4319 4320 4321 4322 4323 4324 4325

The Clerk announced that the following Senate bill has been received on Wednesday, March 12:

Senate Bill No. 123

By unanimous consent the House returned to the order of

Messages from the Senate

Senate Bill No. 123, entitled

A bill to amend 1949 PA 300, entitled "Michigan vehicle code," by amending section 628 (MCL 257.628), as amended by 2000 PA 167.

The Senate has passed the bill.

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

Introduction of Bills

Rep. Ward introduced

House Bill No. 4326, entitled

A bill to amend 1969 PA 306, entitled "Administrative procedures act of 1969," by amending sections 55 and 59 (MCL 24.255 and 24.259), as amended by 1999 PA 262.

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

Reps. Bieda, Elkins, Gleason, Brandenburg, Vagnozzi, Accavitti, Condino, Wojno, Farrah, Spade, Phillips, Zelenko, Anderson, Woodward, Gillard, Rivet, Brown, Adamini, Law, Daniels, Dennis, Plakas, Lipsey, Paletko, Stallworth, Jamnick, Gieleghem, O'Neil, Vander Veen and Hardman introduced

House Bill No. 4327, entitled

A bill to amend 1931 PA 328, entitled "The Michigan penal code," by amending section 136b (MCL 750.136b), as amended by 1999 PA 273.

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

Reps. Bieda, Elkins, Gleason, Brandenburg, Vagnozzi, Accavitti, Condino, Wojno, Farrah, Spade, Phillips, Zelenko, Anderson, Woodward, Gillard, Rivet, Brown, Adamini, Law, Dennis, Gieleghem, Daniels, Plakas, Lipsey, Paletko, Stallworth, Jamnick, O'Neil, Vander Veen and Hardman introduced

House Bill No. 4328, entitled

A bill to amend 1927 PA 175, entitled "The code of criminal procedure," by amending section 16g of chapter XVII (MCL 777.16g), as amended by 2002 PA 630.

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

Reps. Bieda, Lipsey, Wojno, Elkins, Meisner, Gillard, Condino, Spade, Clack, Vagnozzi, Hunter, Tobocman, Smith, Accavitti, Law, Plakas, Gleason, Paletko, Sheltrown, Zelenko, Phillips, Minore, Ward, Gaffney, Nofs, Steil, Dennis, Sheen, Pappageorge and Rocca introduced

House Bill No. 4329, entitled

A bill to amend 1931 PA 328, entitled "The Michigan penal code," by amending section 145d (MCL 750.145d), as amended by 2000 PA 185.

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

Rep. Woronchak introduced

House Bill No. 4330, entitled

A bill to amend 1949 PA 300, entitled "Michigan vehicle code," by amending section 803e (MCL 257.803e), as amended by 1998 PA 68.

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

Reps. Spade and Woronchak introduced

House Bill No. 4331, entitled

A bill to amend 1978 PA 368, entitled "Public health code," by amending section 21799c (MCL 333.21799c), as amended by 1996 PA 546.

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

Reps. Shackleton, Sheltrown, Julian, Walker, Brown, Kooiman, Palsrok and Meyer introduced

House Bill No. 4332, 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 2002 PA 98, section 6a as amended by 1982 PA 145, and section 6b as added by 1986 PA 30.

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

Reps. Accavitti, Wojno, Spade, Smith, Bieda, Julian, Dennis, Tobocman, Jamnick, Hunter, Gieleghem, McConico, Hopgood and Anderson introduced

House Bill No. 4333, entitled

A bill to amend 1949 PA 300, entitled "Michigan vehicle code," by amending section 907 (MCL 257.907), as amended by 2002 PA 534.

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

Reps. Van Regenmorter, Nofs, Moolenaar and Gaffney introduced

House Bill No. 4334, entitled

A bill to amend 1949 PA 300, entitled "Michigan vehicle code," by amending section 625a (MCL 257.625a), as amended by 1998 PA 351.

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

Reps. Robertson, Gaffney, Vagnozzi, Palsrok, Sheen and Pappageorge introduced

House Bill No. 4335, entitled

A bill to regulate certain forms of unarmed combat; to create certain commissions and to provide certain powers and duties for certain state agencies and departments; to license persons engaged in unarmed combat; to regulate certain persons connected to the business of unarmed combat and persons conducting certain contests and exhibitions; to confer immunity under certain circumstances; to provide for the conducting of certain tests; to assess certain fees; to create certain funds; to adopt rules; to provide for penalties and remedies; and to repeal acts and parts of acts.

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

Rep. Robertson introduced

House Bill No. 4336, entitled

A bill to amend 1931 PA 328, entitled "The Michigan penal code," by amending section 447 (MCL 750.447).

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

Reps. Gaffney, Nofs and Ward introduced

House Bill No. 4337, entitled

A bill to amend 1949 PA 300, entitled "Michigan vehicle code," by amending section 707c (MCL 257.707c).

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

Reps. Ruth Johnson, Drolet, Rocca, Woodward and Voorhees introduced

House Bill No. 4338, entitled

A bill to amend 1976 PA 451, entitled "The revised school code," by amending sections 611, 612, 613, 614, 616, 617, and 703 (MCL 380.611, 380.612, 380.613, 380.614, 380.616, 380.617, and 380.703), sections 611 and 703 as amended by 1981 PA 87 and sections 614 and 617 as amended by 2002 PA 157; and to repeal acts and parts of acts.

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

Rep. DeRossett introduced

House Bill No. 4339, entitled

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

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

Reps. Drolet, Milosch, Brandenburg, Bradstreet, Garfield and Hoogendyk introduced

House Joint Resolution E, entitled

A joint resolution proposing an amendment to the state constitution of 1963, by amending sections 5 and 6 of article VIII and adding section 10 to article VIII, to limit tuition increases at institutions of higher education established by law.

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

By unanimous consent the House returned to the order of

Second Reading of Bills

Senate Bill No. 160, entitled

A bill to provide for the audit and examination of this state and state funds; to provide for the audit and examination of the books and accounts of all branches, departments, offices, boards, commissions, agencies, authorities, and institutions of this state; to prescribe powers and duties of certain state officers and employees; to provide for access to certain records; to provide for the subpoena of witnesses and production of documents and records; to prescribe penalties; and to provide for the administration of this act.

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

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

The motion prevailed.

Rep. Richardville 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. 160, entitled

A bill to provide for the audit and examination of this state and state funds; to provide for the audit and examination of the books and accounts of all branches, departments, offices, boards, commissions, agencies, authorities, and institutions of this state; to prescribe powers and duties of certain state officers and employees; to provide for access to certain records; to provide for the subpoena of witnesses and production of documents and records; to prescribe penalties; and to provide for the administration of this act.

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

Roll Call No. 23 Yeas--106

 

Accavitti	Gaffney	McConico	Sheen
Acciavatti	Garfield	Meisner	Sheltrown
Adamini	Gieleghem	Meyer	Shulman
Amos	Gillard	Middaugh	Smith
Anderson	Gleason	Milosch	Spade
Bieda	Hager	Minore	Stahl
Bisbee	Hardman	Moolenaar	Stakoe
Bradstreet	Hart	Newell	Steil
Brandenburg	Hood	Nitz	Stewart
Brown	Hoogendyk	Nofs	Tabor
Byrum	Hopgood	O'Neil	Taub
Casperson	Howell	Paletko	Tobocman
Caswell	Huizenga	Palmer	Vagnozzi
Caul	Hummel	Palsrok	Van Regenmorter
Cheeks	Hune	Pastor	Vander Veen
Clack	Hunter	Phillips	Voorhees
Condino	Jamnick	Plakas	Walker
Daniels	Johnson, Rick	Pumford	Ward
Dennis	Johnson, Ruth	Reeves	Waters
DeRoche	Julian	Richardville	Wenke
DeRossett	Koetje	Rivet	Whitmer
Drolet	Kolb	Robertson	Williams
Ehardt	Kooiman	Rocca	Wojno
Elkins	LaJoy	Sak	Woodward
Emmons	LaSata	Shackleton	Woronchak
Farhat	Law	Shaffer	Zelenko

Farrah Lipsey

Nays--0

In The Chair: Julian

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

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

A bill to provide for the audit and examination of this state and state funds; to provide for the audit and examination of the books and accounts of all branches, departments, offices, boards, commissions, agencies, authorities, and institutions of this state; to prescribe powers and duties of certain state officers and employees; to provide for access to certain records; to provide for the subpoena of witnesses and production of documents and records; to prescribe penalties; and to provide for the administration of this act.

The motion prevailed.

The House agreed to the title as amended.

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

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

Second Reading of Bills

Senate Bill No. 195, entitled

A bill to provide for the approval of certain contracts involving the operation of city and village water and sewer systems; to require certain policies and procedures in the awarding of contracts; and to provide for the powers and duties of certain governmental officials and entities.

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

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

Rep. Koetje moved to amend the bill as follows:

1. Amend page 7, following line 27, by inserting:

"Sec. 14. A challenge to the validity of any provision of this act shall be filed with and decided by the court of appeals pursuant to section 10 of aritcle VI of the state constitution of 1963.".

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

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

The motion prevailed.

Rep. Richardville 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. 195, entitled

A bill to provide for the approval of certain contracts involving the operation of city and village water and sewer systems; to require certain policies and procedures in the awarding of contracts; and to provide for the powers and duties of certain governmental officials and entities.

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

Roll Call No. 24 Yeas--63

 

Acciavatti	Garfield	Middaugh	Shulman
Amos	Hager	Milosch	Stahl
Bieda	Hart	Moolenaar	Stakoe
Bisbee	Hoogendyk	Newell	Steil
Bradstreet	Howell	Nitz	Stewart
Brandenburg	Huizenga	Nofs	Tabor
Casperson	Hummel	Paletko	Taub
Caswell	Hune	Palmer	Van Regenmorter
Caul	Johnson, Rick	Palsrok	Vander Veen
DeRoche	Johnson, Ruth	Pastor	Voorhees
DeRossett	Julian	Pumford	Walker
Drolet	Koetje	Robertson	Ward
Ehardt	Kooiman	Rocca	Wenke
Emmons	LaJoy	Shackleton	Wojno
Farhat	LaSata	Shaffer	Woronchak
Gaffney	Meyer	Sheen

Nays--41

 

Accavitti	Farrah	Law	Sheltrown
Adamini	Gieleghem	Lipsey	Smith
Anderson	Gillard	McConico	Spade
Brown	Gleason	Meisner	Tobocman
Byrum	Hardman	Minore	Vagnozzi
Cheeks	Hood	O'Neil	Waters
Clack	Hopgood	Phillips	Whitmer
Condino	Hunter	Reeves	Williams
Daniels	Jamnick	Rivet	Woodward
Dennis	Kolb	Sak	Zelenko

Elkins

In The Chair: Julian

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

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

A bill to provide for the approval of certain contracts and rates involving the operation of certain water and sewer systems; to require certain policies and procedures in the awarding of contracts and approving of rates; to provide for the powers and duties of certain governmental officials and entities; and to provide for remedies.

The motion prevailed.

The House agreed to the title as amended.

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

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

______

Rep. Hunter, 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 rise in opposition to this bill which is--in my judgment--a hostile attempt to takeover Detroit's water system. It is no secret that this issue has polarized Detroit and the Suburbs for years. It is painfully obvious that this issue has pit Republicans against some Democrats. And I am truly disappointed that it has even pit some Democrats against other Democrats. But I contend that the discussion needs to be focused squarely on the merits of Detroit's water system...Let's acknowledge and appreciate the fact that the system ranks at the top in the entire country for highest quality and lowest rates. Let's acknowledge and appreciate the fact that the system was built by Detroit taxpayers and continues to be maintained at the expense of Detroit taxpayers. Let's acknowledge and appreciate the fact that the existing board--representing Detroit, Wayne, Oakland and Macomb counties--functions in a very cooperative and harmonious manner. If the issue is about high rates, then the proponents of this legislation need to step up because you owe it to your constituents to justify why your cities assess the high surcharges that they do...Don't try to scapegoat the City of Detroit! Moreover, where is the monetary consideration in this legislation for the assets - that the system has accumulated at the expense of the Detroit taxpayers? This legislation makes no attempt to address remuneration of the City of Detroit--for the multi billion dollar investment in the system over the years--to service the very cities that are mired in this takeover scheme today. For those of you who want to wrestle control away from the City of Detroit--by splitting the "control pie" 5 ways...I say to you, Macomb County--Where is the provision for your 1/5 share for financial responsibility, system liability, and maintenance? To you, Genessee County--Where is your 5th ? To you, Oakland County--Where is your 5th ? To the five largest cities of Wayne County (excluding Detroit, as the legislation would have it)--Where is your 5th? And if you are so disenchanted with Detroit's system? Why not do what other cities have done? Build your own system! Or have you decided that it will be easier and less expensive to take over Detroit's system--even though you did not build it nor have you borne the responsibility to maintain it? How is that fair or equitable? For those of you that honestly believe this issue is really about "taxation without representation," I submit to you today that this issue, instead, boils down to "representation without taxation." Again, I ask--How is that fair? How is that equitable? In closing, I would urge my fine colleagues, Democrat and Republican alike, to vote no one this legislation. And let's focus our time and energy here on the issues that unite us - instead of those that divide us! Thank you!"

Rep. Accavitti, 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 Senate Bill 195(H-2) because it continues to allow for too much mischief in how contracts are awarded. Given the past history of the water board, the $50,000 threshold for the board approval of contracts is much too high. In order to restore public confidence in the system, tighter procedures for the letting of contracts need to be put in place. Additionally, I would like to see a greater voice for the communities purchasing water from the Detroit system, but not a wholesale taking of the water system by it's customers. This bill far exceeds the parameters of the house version and I do not believe is in the best interest of the people of my district."

Rep. Hopgood, 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 opposed Senate Bill 195 because it is bad public policy. There may be improvements that can be made to the Detroit Water and Sewer Department. Some of these issues are being addressed and others are still outstanding. However, this piece of legislation is not the solution. In fact, it only makes things worse by pitting communities against each other in a partisan attempt to divide the Metropolitan Detroit region. Further, this bill would drain taxpayer dollars and add another layer of governmental bureaucracy at a time when all units of government are being asked to do more with less."

Rep. Phillips, 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 Senate Bill 195(H-2) because it continues to allow for too much mischief in how contracts are awarded. Given the past history of the water board, the $50,000 threshold for board approval of contracts is much too high. In order to restore public confidence in the system, tighter procedures for the letting of contracts need to be put in place. I voted no on Senate Bill 195(H-2) because simply adding another layer of bureaucracy will not address the issues of representation or the problems that have been identified with the DWSD over the past year. There is no mechanism to fund this new bureaucracy and will probably do nothing more than force another increase in the rates paid by the water customers. I voted no on Senate Bill 195(H-2) because the bill is nothing more than a taking of property that has been established by the City of Detroit over the past 100 years. Rather than force another attack on the City of Detroit, Republican lawmakers would do better to address the issue of customer charges that local unit customers in the metro Detroit area pass on."

______

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

The motion prevailed.

Rep. Daniels moved that the House adjourn.

The motion prevailed, the time being 3:05 p.m.

The Speaker Pro Tempore declared the House adjourned until Thursday, March 13, at 10:00 a.m.

GARY L. RANDALL

Clerk of the House of Representatives