No. 4
STATE OF MICHIGAN
JOURNAL
OF THE
House of Representatives
91st Legislature
REGULAR SESSION OF 2002
House Chamber, Lansing, Thursday, January 24, 2002.
12:00 Noon.
The House was called to order by Associate Speaker Pro Tempore Julian.
The roll was called by the Clerk of the House of Representatives, who announced that a quorum was present.
Adamini--present
Allen--present
Anderson--present
Basham--present
Bernero--present
Birkholz--present
Bisbee--present
Bishop--present
Bogardus--present
Bovin--present
Bradstreet--present
Brown, Bob--present
Brown, Cameron--present
Brown, Rich--present
Callahan--present
Cassis--present
Caul--present
Clark--present
Clarke--present
Daniels--excused
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
Pappageorge--present
Patterson--present
Pestka--present
Phillips--present
Plakas--present
Pumford--present
Quarles--present
Raczkowski--present
Reeves--present
Richardville--present
Richner--present
Rison--present
Rivet--present
Rocca--present
Schauer--present
Schermesser--present
Scranton--present
Shackleton--present
Sheltrown--present
Shulman--present
Spade--present
Stallworth--excused
Stamas--present
Stewart--present
Switalski--present
Tabor--present
Thomas--present
Toy--present
Vander Roest--present
Vander Veen--present
Van Woerkom--present
Vear--present
Voorhees--present
Waters--present
Whitmer--present
Williams--present
Wojno--present
Woodward--present
Woronchak--present
Zelenko--present
e/d/s = entered during session
Rep. Mary D. Waters, from the 4th District, offered the following invocation:
"Dear Heavenly Father, we come before You today thanking You for giving us another day in Your world. Lord, we realize that we are sin-sick and fall short of Your grace daily. Have mercy upon us as we attempt to do the people's will. Give us the insight, the heart and mind to listen to You and to act accordingly. In the majestic name of Jesus, we pray. Amen."
______
Rep. Jacobs moved that Reps. Daniels and Stallworth be excused from today's session.
The motion prevailed.
Reports of Standing Committees
The Speaker laid before the House
House Resolution No. 187.
A resolution to memorialize the Congress of the United States to enact legislation to provide funding for the restoration of the Great Lakes.
(For text of resolution, see House Journal No. 63 of 2001, p. 1942.)
(The resolution was reported by the Committee on Land Use and Environment on November 28, 2001, with substitute (H-1), consideration of which, under the rules, was postponed until November 29, 2001.)
(For substitute, see House Journal No. 81 of 2001, p. 2459.)
The question being on the adoption of the proposed substitute (H-1) recommended by the Committee,
The substitute (H-1) was not adopted, a majority of the members serving not voting therefor.
The question being on the adoption of the resolution,
Rep. Richardville moved to substitute (H-4) the resolution as follows:
Substitute for House Resolution No. 187
A resolution to memorialize the Congress of the United States to enact legislation to provide funding for the continuing restoration and protection of the Great Lakes.
Whereas, The waters of the Great Lakes constitute a resource of the utmost importance to the future of our nation, as they interact with the international community. The quality and quantity of this fresh water treasure are vital to the health and commercial well-being of millions of Americans; and
Whereas, Congress over the years has provided support for numerous projects to protect and conserve our natural resources, with the most recent being legislation to fund the restoration of the Everglades and the South Florida ecosystem. This legislation includes several billion dollars in funding to the state of Florida. While the Everglades and the South Florida ecosystem are clearly a unique resource, the Great Lakes ecosystem has a prevailing international and national economic significance due to the shipping of raw materials, industrial products, and food, not to mention being the home of 20 percent of the world's fresh surface water, and 95 percent of the United States' fresh surface water; and
Whereas, With the Great Lakes at the heart of American industrial and agricultural production, and the source of recreation for millions, the United States of America must do all it can to assure the viability of the health of the lakes; now, therefore, be it
Resolved by the House of Representatives, That we call upon the Congress of the United States to fund the Great Lakes Basin with similar appropriations that have been afforded the Florida Everglades and the South Florida ecosystem; 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, the members of the Michigan congressional delegation, and the United States Secretary of the Interior.
The motion prevailed and the substitute (H-4) was adopted, a majority of the members serving voting therefor.
The question being on the adoption of the resolution,
The resolution was adopted.
The Speaker laid before the House
House Resolution No. 265.
A resolution to memorialize the Congress of the United States not to take control of the Great Lakes away from the Great Lakes states and to reaffirm authority granted to the Council of Great Lakes Governors.
(For text of resolution, see House Journal No. 80 of 2001, p. 2391.)
(The resolution was reported by the Committee on Land Use and Environment on November 28, 2001, consideration of which, under the rules, was postponed until November 29, 2001.)
The question being on the adoption of the resolution,
Rep. Vander Veen moved to substitute (H-2) the resolution as follows:
Substitute for House Resolution No. 265
A resolution to memorialize the Congress of the United States not to take control of the Great Lakes away from the Great Lakes states and to reaffirm authority granted to the Great Lakes Governors.
Whereas, The Great Lakes states have taken many steps to protect the lakes. Most recently, Annex 2001 to the Great Lakes Charter has demonstrated the concern of the people of this region that the stewardship for this fresh water resource must remain where it belongs--with the people of the Great Lakes; and
Whereas, The Great Lakes governors work closely with one another and their Canadian provincial counterparts on protecting the Great Lakes on a wide range of issues related to water management and a host of economic matters that strongly influence the lakes. This cooperation mirrors the shared stake in the quality of the lakes and reflects the appropriateness of policies that clearly affirm the authority of the Great Lakes Governors pursuant to the Great Lakes Charter; and
Whereas, Federal law states:
It is hereby determined and declared to be in the public interest that (1) title to and ownership of the lands beneath navigable waters within the boundaries of their respective states and the natural resources with such lands and water and (2) the right and power to manage, administer, lease, develop, and use the said lands and natural resources all in accordance with applicable state law be, and they are hereby, subject to the provisions hereof, recognized, confirmed, established, and vested in and assigned to the respective states or the persons who were on June 5, 1950, entitled thereto under the law of the respective states in which the land is located, and the respective granters, lessees, or successors in interest thereof
; and
Whereas, The Great Lakes states have demonstrated that we are an effective and efficient manager of Great Lakes water resources. We implore the federal government to continue to allow the Great Lakes states the ability to control the Great Lakes; now, therefore, be it
Resolved by the House of Representatives, That we memorialize the Congress of the United States to increase protections for the Great Lakes and to affirm the authority of the Great Lakes governors on matters of the usage of Great Lakes waters; 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 motion prevailed and the substitute (H-2) was adopted, a majority of the members serving voting therefor.
The question being on the adoption of the resolution,
The resolution was adopted.
The Speaker laid before the House
House Concurrent Resolution No. 38.
A concurrent resolution to memorialize the Congress of the United States to enact legislation to provide funding for the restoration of the Great Lakes.
(For text of resolution, see House Journal No. 63 of 2001, p. 1944.)
(The concurrent resolution was reported by the Committee on Land Use and Environment on November 28, 2001, with substitute (H-1), consideration of which, under the rules, was postponed until November 29, 2001.)
(For substitute, see House Journal No. 81 of 2001, p. 2460.)
The question being on the adoption of the proposed substitute (H-1) recommended by the Committee,
The substitute (H-1) was not adopted, a majority of the members serving not voting therefor.
The question being on the adoption of the concurrent resolution,
Rep. Richardville moved to substitute (H-4) the concurrent resolution as follows:
Substitute for House Concurrent Resolution No. 38
A concurrent resolution to memorialize the Congress of the United States to enact legislation to provide funding for the continuing restoration and protection of the Great Lakes.
Whereas, The waters of the Great Lakes constitute a resource of the utmost importance to the future of our nation, as they interact with the international community. The quality and quantity of this fresh water treasure are vital to the health and commercial well-being of millions of Americans; and
Whereas, Congress over the years has provided support for numerous projects to protect and conserve our natural resources, with the most recent being legislation to fund the restoration of the Everglades and the South Florida ecosystem. This legislation includes several billion dollars in funding to the state of Florida. While the Everglades and the South Florida ecosystem are clearly a unique resource, the Great Lakes ecosystem has a prevailing international and national economic significance due to the shipping of raw materials, industrial products, and food, not to mention being the home of 20 percent of the world's fresh surface water, and 95 percent of the United States' fresh surface water; and
Whereas, With the Great Lakes at the heart of American industrial and agricultural production, and the source of recreation for millions, the United States of America must do all it can to assure the viability of the health of the lakes; now, therefore, be it
Resolved by the House of Representatives (the Senate concurring), That we call upon the Congress of the United States to fund the Great Lakes Basin with similar appropriations that have been afforded the Florida Everglades and the South Florida ecosystem; 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, the members of the Michigan congressional delegation, and the United States Secretary of the Interior.
The motion prevailed and the substitute (H-4) was adopted, a majority of the members serving voting therefor.
The question being on the adoption of the concurrent resolution,
The concurrent resolution was adopted.
The Speaker laid before the House
House Concurrent Resolution No. 39.
A concurrent resolution to memorialize the Congress to increase protections for the Great Lakes and to affirm the authority of the Great Lakes governors on matters of the usage of Great Lakes waters.
(For text of resolution, see House Journal No. 63 of 2001, p. 1945.)
(The concurrent resolution was reported by the Committee on Land Use and Environment on November 28, 2001, with substitute (H-1), consideration of which, under the rules, was postponed until November 29, 2001.)
(For substitute, see House Journal No. 81 of 2001, p. 2461.)
The question being on the adoption of the proposed substitute (H-1) recommended by the Committee,
The substitute (H-1) was not adopted, a majority of the members serving not voting therefor.
The question being on the adoption of the concurrent resolution,
Rep. Vander Veen moved to substitute (H-2) the concurrent resolution as follows:
Substitute for House Concurrent Resolution No. 39
A concurrent resolution to memorialize the Congress of the United States not to take control of the Great Lakes away from the Great Lakes states and to reaffirm authority granted to the Great Lakes Governors.
Whereas, The Great Lakes states have taken many steps to protect the lakes. Most recently, Annex 2001 to the Great Lakes Charter has demonstrated the concern of the people of this region that the stewardship for this fresh water resource must remain where it belongs--with the people of the Great Lakes; and
Whereas, The Great Lakes governors work closely with one another and their Canadian provincial counterparts on protecting the Great Lakes on a wide range of issues related to water management and a host of economic matters that strongly influence the lakes. This cooperation mirrors the shared stake in the quality of the lakes and reflects the appropriateness of policies that clearly affirm the authority of the Great Lakes Governors pursuant to the Great Lakes Charter; and
Whereas, Federal law states:
It is hereby determined and declared to be in the public interest that (1) title to and ownership of the lands beneath navigable waters within the boundaries of their respective states and the natural resources with such lands and water and (2) the right and power to manage, administer, lease, develop, and use the said lands and natural resources all in accordance with applicable state law be, and they are hereby, subject to the provisions hereof, recognized, confirmed, established, and vested in and assigned to the respective states or the persons who were on June 5, 1950, entitled thereto under the law of the respective states in which the land is located, and the respective granters, lessees, or successors in interest thereof
; and
Whereas, The Great Lakes states have demonstrated that we are an effective and efficient manager of Great Lakes water resources. We implore the federal government to continue to allow the Great Lakes states the ability to control the Great Lakes; now, therefore, be it
Resolved by the House of Representatives (the Senate concurring), That we memorialize the Congress of the United States to increase protections for the Great Lakes and to affirm the authority of the Great Lakes governors on matters of the usage of Great Lakes waters; 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 motion prevailed and the substitute (H-2) was adopted, a majority of the members serving voting therefor.
The question being on the adoption of the concurrent resolution,
The concurrent resolution was adopted.
The Speaker laid before the House
House Resolution No. 299.
A resolution to urge Canadian authorities to remove all offshore drilling platforms from the waters of the Great Lakes.
(For text of resolution, see House Journal No. 2, p. 21.)
(The resolution was reported by the Committee on House Oversight and Operations on January 23, consideration of which, under the rules, was postponed until today.)
The question being on the adoption of the resolution,
The resolution was adopted.
The Speaker laid before the House
House Concurrent Resolution No. 54.
A concurrent resolution to urge Canadian authorities to remove all offshore drilling platforms from the waters of the Great Lakes.
(For text of resolution, see House Journal No. 2, p. 22.)
(The concurrent resolution was reported by the Committee on House Oversight and Operations on January 23, consideration of which, under the rules, was postponed until today.)
The question being on the adoption of the concurrent resolution,
The concurrent resolution was adopted.
Second Reading of Bills
House Bill No. 4460, entitled
A bill to amend 1978 PA 90, entitled "Youth employment standards act," by amending section 19 (MCL 409.119).
The bill was read a second time.
Reps. DeWeese and Minore moved to amend the bill as follows:
1. Amend page 2, line 13, after "means" by inserting "ONLY".
2. Amend page 2, line 14, after "the" by inserting "AGRICULTURAL".
3. Amend page 3, line 1, after "(H)" by inserting "NONHAZARDOUS".
4. Amend page 3, line 5, by striking out all of subparagraph (i) and renumbering the remaining subparagraphs.
5. Amend page 3, following line 18, by inserting:
"(v) "NONHAZARDOUS CONSTRUCTION WORK OR OPERATIONS" MEANS CONSTRUCTION WORK OR OPERATIONS PERFORMED AT A CONSTRUCTION SITE OF A NEW SINGLE FAMILY HOME, WHICH CONSTRUCTION WORK OR OPERATIONS DO NOT INVOLVE THE USE OF POWER TOOLS, WOODWORKING MACHINERY, OR HAZARDOUS SUBSTANCES OR OTHER ACTIVITIES THAT WOULD CONSTITUTE A GREAT RISK OF SERIOUS INJURY. ACTIVITIES THAT WOULD CONSTITUTE A GREAT RISK OF SERIOUS INJURY INCLUDE, BUT ARE NOT LIMITED TO, ALL OF THE FOLLOWING:
(A) EXCAVATION.
(B) HIGHWAY, BRIDGE, OR STREET CONSTRUCTION.
(C) ROOFING.
(D) WRECKING.
(E) DEMOLITION.
(F) NEW COMMERCIAL OR NEW MULTIPLE RESIDENTIAL CONSTRUCTION.".
The motion prevailed and the amendments were adopted, a majority of the members serving voting therefor.
Rep. DeWeese moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
House Bill No. 5125, entitled
A bill to amend 1931 PA 328, entitled "The Michigan penal code," (MCL 750.1 to 750.568) by adding section 360a.
Was read a second time, and the question being on the adoption of the proposed substitute (H-2) previously recommended by the Committee on Criminal Justice,
The substitute (H-2) was adopted, a majority of the members serving voting therefor.
Rep. Bishop moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
House Bill No. 5126, entitled
A bill to amend 1927 PA 175, entitled "The code of criminal procedure," by amending section 16r of chapter XVII (MCL 777.16r), as amended by 2000 PA 279.
Was read a second time, and the question being on the adoption of the proposed substitute (H-2) previously recommended by the Committee on Criminal Justice,
The substitute (H-2) was adopted, a majority of the members serving voting therefor.
Rep. Bishop moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
House Bill No. 4732, entitled
A bill to amend 1967 PA 281, entitled "Income tax act of 1967," by amending section 471 (MCL 206.471), as amended by 1996 PA 484.
The bill was read a second time.
Rep. Bob Brown moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
______
Rep. Quarles asked and obtained an excuse from the balance of today's session.
By unanimous consent the House returned to the order of
Third Reading of Bills
Senate Bill No. 434, entitled
A bill to amend 1975 PA 238, entitled "Child protection law," by amending section 3 (MCL 722.623), as amended by 1994 PA 177.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 9 Yeas--105
Adamini Garza Lemmons Rocca
Allen George Lipsey Schauer
Anderson Gieleghem Lockwood Schermesser
Basham Gilbert Mans Scranton
Bernero Godchaux McConico Shackleton
Birkholz Gosselin Mead Sheltrown
Bisbee Hager Meyer Shulman
Bishop Hale Middaugh Spade
Bogardus Hansen Minore Stamas
Bovin Hardman Mortimer Stewart
Bradstreet Hart Murphy Switalski
Brown, B. Howell Neumann Tabor
Brown, C. Hummel Newell Thomas
Brown, R. Jacobs O'Neil Toy
Callahan Jamnick Pappageorge Van Woerkom
Cassis Jansen Patterson Vander Roest
Caul Jelinek Pestka Vander Veen
Clark, I. Johnson, Rick Phillips Vear
Clarke, H. Johnson, Ruth Plakas Voorhees
Dennis Julian Pumford Waters
DeRossett Koetje Raczkowski Whitmer
DeVuyst Kolb Reeves Williams
DeWeese Kooiman Richardville Wojno
Drolet Kowall Richner Woodward
Ehardt Kuipers Rison Woronchak
Faunce LaSata Rivet Zelenko
Frank
Nays--0
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 provide for the raising of additional public revenue by prescribing certain specific taxes, fees, and charges to be paid to the state for the privilege of engaging in certain business activities; to provide, incident to the enforcement thereof, for the issuance of licenses to engage in such occupations; to provide for the ascertainment, assessment and collection thereof; to appropriate the proceeds thereof; and to prescribe penalties for violations of the provisions of this act,".
The House agreed to the full title.
Rep. Richardville moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
Senate Bill No. 682, entitled
A bill to amend 1846 RS 84, entitled "Of divorce," by amending section 17a (MCL 552.17a), as amended by 1990 PA 243.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 10 Yeas--105
Adamini Garza Lemmons Rocca
Allen George Lipsey Schauer
Anderson Gieleghem Lockwood Schermesser
Basham Gilbert Mans Scranton
Bernero Godchaux McConico Shackleton
Birkholz Gosselin Mead Sheltrown
Bisbee Hager Meyer Shulman
Bishop Hale Middaugh Spade
Bogardus Hansen Minore Stamas
Bovin Hardman Mortimer Stewart
Bradstreet Hart Murphy Switalski
Brown, B. Howell Neumann Tabor
Brown, C. Hummel Newell Thomas
Brown, R. Jacobs O'Neil Toy
Callahan Jamnick Pappageorge Van Woerkom
Cassis Jansen Patterson Vander Roest
Caul Jelinek Pestka Vander Veen
Clark, I. Johnson, Rick Phillips Vear
Clarke, H. Johnson, Ruth Plakas Voorhees
Dennis Julian Pumford Waters
DeRossett Koetje Raczkowski Whitmer
DeVuyst Kolb Reeves Williams
DeWeese Kooiman Richardville Wojno
Drolet Kowall Richner Woodward
Ehardt Kuipers Rison Woronchak
Faunce LaSata Rivet Zelenko
Frank
Nays--0
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.
Senate Bill No. 683, entitled
A bill to amend 1966 PA 138, entitled "The family support act," by amending sections 1, 1a, and 5 (MCL 552.451, 552.451a, and 552.455), sections 1 and 1a as amended by 1990 PA 237 and section 5 as amended by 1996 PA 5.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 11 Yeas--105
Adamini Garza Lemmons Rocca
Allen George Lipsey Schauer
Anderson Gieleghem Lockwood Schermesser
Basham Gilbert Mans Scranton
Bernero Godchaux McConico Shackleton
Birkholz Gosselin Mead Sheltrown
Bisbee Hager Meyer Shulman
Bishop Hale Middaugh Spade
Bogardus Hansen Minore Stamas
Bovin Hardman Mortimer Stewart
Bradstreet Hart Murphy Switalski
Brown, B. Howell Neumann Tabor
Brown, C. Hummel Newell Thomas
Brown, R. Jacobs O'Neil Toy
Callahan Jamnick Pappageorge Van Woerkom
Cassis Jansen Patterson Vander Roest
Caul Jelinek Pestka Vander Veen
Clark, I. Johnson, Rick Phillips Vear
Clarke, H. Johnson, Ruth Plakas Voorhees
Dennis Julian Pumford Waters
DeRossett Koetje Raczkowski Whitmer
DeVuyst Kolb Reeves Williams
DeWeese Kooiman Richardville Wojno
Drolet Kowall Richner Woodward
Ehardt Kuipers Rison Woronchak
Faunce LaSata Rivet Zelenko
Frank
Nays--0
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 confer jurisdiction upon the circuit courts to order and enforce the payment of money for the support, in certain cases, of parents having physical custody of minor children or children who have reached the age of majority and of minor children or children who have reached the age of majority by noncustodial parents; to provide for the termination of the effectiveness of the orders; and to provide for the payment of fees and assessment of costs in those cases,".
The House agreed to the full title.
Rep. Richardville moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
Senate Bill No. 684, entitled
A bill to amend 1970 PA 91, entitled "Child custody act of 1970," by amending section 2 (MCL 722.22), as amended by 1999 PA 156.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 12 Yeas--104
Adamini Frank LaSata Rivet
Allen Garza Lemmons Rocca
Anderson George Lipsey Schauer
Basham Gieleghem Lockwood Schermesser
Bernero Gilbert Mans Scranton
Birkholz Godchaux McConico Shackleton
Bisbee Gosselin Mead Sheltrown
Bishop Hager Meyer Shulman
Bogardus Hale Middaugh Spade
Bovin Hansen Minore Stamas
Bradstreet Hardman Mortimer Stewart
Brown, B. Hart Murphy Switalski
Brown, C. Howell Neumann Tabor
Brown, R. Hummel Newell Thomas
Callahan Jacobs O'Neil Toy
Cassis Jamnick Pappageorge Van Woerkom
Caul Jansen Patterson Vander Roest
Clark, I. Jelinek Pestka Vander Veen
Clarke, H. Johnson, Rick Phillips Vear
Dennis Johnson, Ruth Plakas Voorhees
DeRossett Julian Pumford Waters
DeVuyst Koetje Raczkowski Whitmer
DeWeese Kolb Reeves Wojno
Drolet Kooiman Richardville Woodward
Ehardt Kowall Richner Woronchak
Faunce Kuipers Rison Zelenko
Nays--0
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 declare the inherent rights of minor children; to establish rights and duties to their custody, support, and parenting time in disputed actions; to establish rights and duties to provide support for a child after the child reaches the age of majority under certain circumstances; to provide for certain procedure and appeals; and to repeal certain acts and parts of acts,".
The House agreed to the full title.
Rep. Richardville 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
Messages from the Senate
The Speaker laid before the House
House Bill No. 4042, entitled
A bill to amend 1971 PA 227, entitled "An act to prescribe the rights and duties of parties to home solicitation sales," by amending the title and sections 1, 1a, 2, 3, 4, 5, 6, and 7 (MCL 445.111, 445.111a, 445.112, 445.113, 445.114, 445.115, 445.116, and 445.117), section 1 as amended by 1999 PA 18 and sections 2 and 3 as amended by 2000 PA 15.
(The bill was received from the Senate on December 13, 2001, with substitute (S-8) and title amendment given by the Senate, consideration of which, under the rules, was postponed until December 21, 2001, see House Journal No. 88, p. 2873.)
The question being on concurring in the substitute (S-8) made to the bill by the Senate,
The substitute (S-8) was not concurred in, a majority of the members serving not voting therefor, by yeas and nays, as follows:
Roll Call No. 13 Yeas--0
Nays--104
Adamini Garza Lemmons Rocca
Allen George Lipsey Schauer
Anderson Gieleghem Lockwood Schermesser
Basham Gilbert Mans Scranton
Bernero Godchaux McConico Shackleton
Birkholz Gosselin Mead Sheltrown
Bisbee Hager Meyer Shulman
Bishop Hale Middaugh Spade
Bogardus Hansen Minore Stamas
Bovin Hardman Mortimer Stewart
Bradstreet Hart Murphy Switalski
Brown, B. Howell Neumann Tabor
Brown, C. Hummel Newell Thomas
Brown, R. Jacobs O'Neil Toy
Callahan Jamnick Pappageorge Van Woerkom
Cassis Jansen Patterson Vander Roest
Caul Jelinek Pestka Vander Veen
Clark, I. Johnson, Rick Phillips Vear
Clarke, H. Johnson, Ruth Plakas Voorhees
DeRossett Julian Pumford Waters
DeVuyst Koetje Raczkowski Whitmer
DeWeese Kolb Reeves Williams
Drolet Kooiman Richardville Wojno
Ehardt Kowall Richner Woodward
Faunce Kuipers Rison Woronchak
Frank LaSata Rivet Zelenko
In The Chair: Julian
The Speaker laid before the House
House Bill No. 4632, entitled
A bill to amend 1976 PA 331, entitled "Michigan consumer protection act," by amending section 3 (MCL 445.903), as amended by 2000 PA 14, and by adding section 9a.
(The bill was received from the Senate on December 13, 2001, with substitute (S-2), full title inserted and immediate effect given by the Senate, consideration of which, under the rules, was postponed until December 21, 2001, see House Journal No. 88, p. 2873.)
The question being on concurring in the substitute (S-2) made to the bill by the Senate,
The substitute (S-2) was not concurred in, a majority of the members serving not voting therefor, by yeas and nays, as follows:
Roll Call No. 14 Yeas--0
Nays--103
Adamini George Lipsey Schauer
Allen Gieleghem Lockwood Schermesser
Anderson Gilbert Mans Scranton
Basham Godchaux McConico Shackleton
Bernero Gosselin Mead Sheltrown
Birkholz Hager Meyer Shulman
Bisbee Hale Middaugh Spade
Bishop Hansen Minore Stamas
Bogardus Hardman Mortimer Stewart
Bovin Hart Murphy Switalski
Bradstreet Howell Neumann Tabor
Brown, B. Hummel Newell Thomas
Brown, C. Jacobs O'Neil Toy
Brown, R. Jamnick Pappageorge Van Woerkom
Callahan Jansen Patterson Vander Roest
Cassis Jelinek Pestka Vander Veen
Caul Johnson, Rick Phillips Vear
Clark, I. Johnson, Ruth Plakas Voorhees
Clarke, H. Julian Pumford Waters
DeRossett Koetje Raczkowski Whitmer
DeVuyst Kolb Reeves Williams
DeWeese Kooiman Richardville Wojno
Drolet Kowall Richner Woodward
Ehardt Kuipers Rison Woronchak
Faunce LaSata Rivet Zelenko
Frank Lemmons Rocca
In The Chair: Julian
Second Reading of Bills
House Bill No. 5118, entitled
A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending sections 502, 32503, and 33938 (MCL 324.502, 324.32503, and 324.33938), section 502 as amended by 1998 PA 114 and sections 32503 and 33938 as added by 1995 PA 59, and by adding section 61505a.
The bill was read a second time.
Rep. Callahan moved to amend the bill as follows:
1. Amend page 6, line 2, after "LOCATIONS" by inserting "AT LEAST 1,500 FEET".
2. Amend page 7, line 24, after "LOCATIONS" by inserting "AT LEAST 1,500 FEET".
3. Amend page 7, following line 25, by inserting:
"Enacting section 1. This amendatory act takes effect March 1, 2002.".
The motion prevailed and the amendments were adopted, a majority of the members serving voting therefor.
Rep. Voorhees moved to amend the bill as follows:
1. Amend page 3, line 19, after "(4)" by striking out the balance of the line through "SECTION," on line 20.
2. Amend page 3, line 21, after "61505A," by inserting "UNTIL OCTOBER 1, 2003,".
3. Amend page 3, line 26, after "LAKES." by striking out the balance of the line through "SECTION," on line 1 of page 4.
4. Amend page 4, line 1, after "61505A," by inserting "UNTIL OCTOBER 1, 2003,".
5. Amend page 5, line 4, after "(3)" by striking out the balance of the line through "SECTION," on line 5.
6. Amend page 5, line 5, after "(5)," by inserting "UNTIL OCTOBER 1, 2003,".
7. Amend page 5, line 9, by striking out the balance of the line through "SECTION," on line 11.
8. Amend page 5, line 11, after "(5)," by inserting "UNTIL OCTOBER 1, 2003,".
9. Amend page 6, line 9, after "(2)" by striking out the balance of the line through "SECTION," on line 10.
10. Amend page 6, line 11, after "61505A," by inserting "UNTIL OCTOBER 1, 2003,".
11. Amend page 6, line 19, after "SECTION." by striking out the balance of the line through "SECTION," on line 20.
12. Amend page 6, line 21, after "61505A," by inserting "UNTIL OCTOBER 1, 2003,".
The question being on the adoption of the amendments offered by Rep. Voorhees,
Rep. Voorhees demanded the yeas and nays.
The demand was supported.
The question being on the adoption of the amendments offered by Rep. Voorhees,
The amendments were not adopted, a majority of the members serving not voting therefor, by yeas and nays, as follows:
Roll Call No. 15 Yeas--17
Bisbee Drolet Jansen Tabor
Bradstreet George Johnson, Rick Vander Roest
Brown, C. Hart Kuipers Vear
Caul Hummel Richner Voorhees
DeVuyst
Nays--87
Adamini Gieleghem Mans Schauer
Allen Gilbert McConico Schermesser
Anderson Godchaux Mead Scranton
Basham Gosselin Meyer Shackleton
Bernero Hager Middaugh Sheltrown
Birkholz Hale Minore Shulman
Bishop Hansen Mortimer Spade
Bogardus Hardman Murphy Stamas
Bovin Howell Neumann Stewart
Brown, B. Jacobs Newell Switalski
Brown, R. Jamnick O'Neil Thomas
Callahan Jelinek Pappageorge Toy
Cassis Johnson, Ruth Patterson Van Woerkom
Clark, I. Julian Pestka Vander Veen
Clarke, H. Koetje Phillips Waters
Dennis Kolb Plakas Whitmer
DeRossett Kooiman Pumford Williams
DeWeese Kowall Raczkowski Wojno
Ehardt LaSata Reeves Woodward
Faunce Lemmons Richardville Woronchak
Frank Lipsey Rison Zelenko
Garza Lockwood Rocca
In The Chair: Julian
Rep. Vander Veen moved to substitute (H-5) the bill.
The motion prevailed and the substitute (H-5) was adopted, a majority of the members serving voting therefor.
Rep. Callahan moved to amend the bill as follows:
1. Amend page 9, following line 7, by inserting:
"Enacting section 1. This amendatory act takes effect March 1, 2002.".
The question being on the adoption of the amendment offered by Rep. Callahan,
Rep. Callahan demanded the yeas and nays.
The demand was supported.
The question being on the adoption of the amendment offered by Rep. Callahan,
The amendment was adopted, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 16 Yeas--92
Adamini George Lipsey Schauer
Allen Gieleghem Lockwood Schermesser
Anderson Gilbert Mans Scranton
Basham Godchaux Mead Shackleton
Bernero Hager Meyer Sheltrown
Birkholz Hale Minore Shulman
Bishop Hansen Mortimer Spade
Bogardus Hardman Murphy Stamas
Bovin Howell Neumann Stewart
Brown, B. Jacobs Newell Switalski
Brown, C. Jamnick O'Neil Thomas
Brown, R. Jansen Pappageorge Toy
Callahan Jelinek Patterson Van Woerkom
Cassis Johnson, Rick Pestka Vander Roest
Clark, I. Johnson, Ruth Phillips Vander Veen
Clarke, H. Julian Plakas Voorhees
Dennis Koetje Pumford Waters
DeRossett Kolb Raczkowski Whitmer
DeWeese Kooiman Reeves Williams
Ehardt Kowall Richardville Wojno
Faunce Kuipers Richner Woodward
Frank LaSata Rivet Woronchak
Garza Lemmons Rocca Zelenko
Nays--11
Bisbee DeVuyst Hart Tabor
Bradstreet Drolet Hummel Vear
Caul Gosselin Middaugh
In The Chair: Julian
Rep. Shackleton moved to amend the bill as follows:
1. Amend page 8, line 13, after "WELL" by inserting a comma.
The motion prevailed and the amendment was adopted, a majority of the members serving voting therefor.
Rep. Vander Veen moved to amend the bill as follows:
1. Amend page 7, line 16, after "SECTION" by inserting "OR THE PERSON HOLDS A LEASE THAT WAS IN EFFECT PRIOR TO THE EFFECTIVE DATE OF THE 2002 AMENDATORY ACT THAT AMENDED THIS SECTION".
2. Amend page 7, line 22, after "LAKES" by inserting "UNLESS THE PERSON HOLDS A LEASE THAT WAS IN EFFECT PRIOR TO THE EFFECTIVE DATE OF THE 2002 AMENDATORY ACT THAT AMENDED THIS SECTION".
3. Amend page 8, line 15, after "LAKES" by inserting "UNDER EITHER OF THE FOLLOWING CIRCUMSTANCES:
(A) IF THE PERMIT APPLICANT HOLDS A LEASE THAT WAS IN EFFECT PRIOR TO THE EFFECTIVE DATE OF THE AMENDATORY ACT THAT ADDED THIS SECTION.
(B)".
The question being on the adoption of the amendments offered by Rep. Vander Veen,
Rep. Vander Veen demanded the yeas and nays.
The demand was supported.
The question being on the adoption of the amendments offered by Rep. Vander Veen,
The amendments were not adopted, a majority of the members serving not voting therefor, by yeas and nays, as follows:
Roll Call No. 17 Yeas--21
Birkholz Drolet Hummel Toy
Bisbee Ehardt Jansen Vander Roest
Bradstreet George Johnson, Rick Vander Veen
Brown, C. Gosselin Kuipers Vear
Caul Hart Tabor Voorhees
DeVuyst
Nays--82
Adamini Gilbert Mead Rocca
Allen Godchaux Meyer Schauer
Anderson Hager Middaugh Schermesser
Basham Hale Minore Scranton
Bernero Hansen Mortimer Shackleton
Bishop Howell Murphy Sheltrown
Bogardus Jacobs Neumann Shulman
Bovin Jamnick Newell Spade
Brown, B. Jelinek O'Neil Stamas
Brown, R. Johnson, Ruth Pappageorge Stewart
Callahan Julian Patterson Switalski
Cassis Koetje Pestka Thomas
Clark, I. Kolb Phillips Van Woerkom
Clarke, H. Kooiman Plakas Waters
Dennis Kowall Pumford Whitmer
DeRossett LaSata Raczkowski Williams
DeWeese Lemmons Richardville Wojno
Faunce Lipsey Richner Woodward
Frank Lockwood Rison Woronchak
Garza Mans Rivet Zelenko
Gieleghem McConico
In The Chair: Julian
Rep. Shackleton 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
House Bill No. 5118, entitled
A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending sections 502, 32503, and 33938 (MCL 324.502, 324.32503, and 324.33938), section 502 as amended by 1998 PA 114 and sections 32503 and 33938 as added by 1995 PA 59, and by adding section 61505a.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 18 Yeas--98
Adamini Gilbert Lockwood Rocca
Allen Godchaux Mans Schauer
Anderson Gosselin McConico Schermesser
Basham Hager Mead Scranton
Bernero Hale Meyer Shackleton
Birkholz Hansen Middaugh Sheltrown
Bishop Hardman Minore Shulman
Bogardus Hart Mortimer Spade
Bovin Howell Murphy Stamas
Brown, B. Hummel Neumann Stewart
Brown, R. Jacobs Newell Switalski
Callahan Jamnick O'Neil Thomas
Cassis Jansen Pappageorge Toy
Caul Jelinek Patterson Van Woerkom
Clark, I. Johnson, Rick Pestka Vander Roest
Clarke, H. Johnson, Ruth Phillips Vander Veen
Dennis Julian Plakas Voorhees
DeRossett Koetje Pumford Waters
DeWeese Kolb Raczkowski Whitmer
Ehardt Kooiman Reeves Williams
Faunce Kowall Richardville Wojno
Frank Kuipers Richner Woodward
Garza LaSata Rison Woronchak
George Lemmons Rivet Zelenko
Gieleghem Lipsey
Nays--7
Bisbee Brown, C. Drolet Vear
Bradstreet DeVuyst Tabor
In The Chair: Julian
The question being on agreeing to the title of the bill,
Rep. Patterson moved to amend the title to read as follows:
A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending sections 502, 32503, and 33938 (MCL 324.502, 324.32503, and 324.33938), section 502 as amended by 1998 PA 114 and sections 32503 and 33938 as added by 1995 PA 59, and by adding sections 501a and 61505a.
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.
Reps. Adamini, Anderson, Basham, Birkholz, Bogardus, Bovin, Rich Brown, Callahan, Cassis, Clarke, DeRossett, Ehardt, Faunce, Frank, Gieleghem, Gilbert, Godchaux, Gosselin, Hager, Hansen, Hardman, Howell, Jacobs, Jamnick, Jelinek, Ruth Johnson, Julian, Kolb, LaSata, Lipsey, Lockwood, Mans, McConico, Mortimer, Neumann, Newell, O'Neil, Pestka, Phillips, Pumford, Raczkowski, Richardville, Richner, Rocca, Schauer, Schermesser, Scranton, Sheltrown, Shulman, Spade, Stamas, Stewart, Switalski, Toy, Whitmer, Williams, Wojno, Woodward, Woronchak and Zelenko were named co-sponsors of the bill.
______
Reps. Drolet, Vear, Bradstreet and Tabor, having reserved the right to explain their protest against the passage of the bill, made the following statement:
"Mr. Speaker and members of the House:
Slant drilling for oil and natural gas has occurred in Michigan for decades. It has been done safely, and all scientific examinations of the procedure indicate that the risk of harm to the Great Lakes ecosystem is tiny. Unlike off-shore oil platforms, an alternative that we do not allow in Michigan, this form of energy extraction bores deep beneath the lakebed from drilling sites located well back from the shoreline. Well-intentioned supporters of this legislation seek to avoid a repeat of the Exxon Valdez tanker spill in Alaska, but such a comparison is inapt. Tankers and oil platforms float oil on or pump it directly through the body of water. In the Great Lakes, oil and water are presently separated by a lot of rock and earth. Slant drilling is specifically designed to keep it that way.
Recreational boaters in Michigan cruise the waterways loaded with nearly a million barrels of gasoline every year. They purchase a lot of it from more than 200 Michigan marinas that are licensed to store fuel very close to the water. Meanwhile, commercial petroleum tankers now float 50 million barrels of petroleum across the Great Lakes every year. Tanker trucks carry more than six billion gallons of petroleum down Michigan highways, right past countless inland lakes and rivers, every year. While none of this activity is desirable in a perfect world, we could not survive economically without most of it. The logic that would have us ban slant drilling would apply with substantially greater force to each and every one of these activities.
The science and the timing of this proposal are wrong. Two months ago, President Bush signed House Resolution 2311, which prohibits Great Lakes' mineral extraction leases for two years. During this time, the Army Corps of Engineers will conduct yet more scientific studies regarding the safety of slant drilling. There has been no shortage of caution and care regarding this issue. Common sense and scientific study have and will continue to be applied to this matter before any decisions are made regarding future energy extraction from the fuel located deep underneath the Great Lakes. Though well intentioned, this legislation is irrelevant regarding both the problem and the solution."
By unanimous consent the House returned to the order of
Motions and Resolutions
Reps. McConico, Thomas, Garza, Waters, Gieleghem, Wojno, Spade, Anderson, Sheltrown, Bovin, Kolb, Hardman, Murphy, Lipsey, Phillips, Hale and Daniels offered the following resolution:
House Resolution No. 300.
A resolution honoring Reverend Joseph Ralph Jordan upon his appointment to the position of President of the Council of Baptist Pastors of Detroit and Vicinity.
Whereas, It is with the utmost confidence in his abilities that we join with the membership of Corinthian Baptist Church in celebrating the installation of the Reverend Joseph Ralph Jordan as President of the Council of Baptist Pastors of Detroit and Vicinity. The election of Reverend Jordan to this distinguished position is an event of significance far beyond the reaches of Corinthian Baptist Church and the community of Hamtramck, Michigan. In his long and devoted efforts to offer spiritual and personal guidance to others through the ministry, this dedicated and unselfish man has touched many lives through the power of faith. Gifts like these are of importance to everyone; and
Whereas, In the years since Reverend Joseph Jordan came to work with the individuals and families at Corinthian Baptist Church, the congregation has come to value all of the talents of this outstanding and effective spiritual leader. Whether helping people celebrate the great turning points in life, like weddings and baptisms, or by sharing the sad moments of a loved one's passing, Reverend Jordan has brought the peace of deep faith and the hope this faith makes possible in every situation; and
Whereas, Born April 29, 1936, in Jasper, Georgia, Reverend Jordan began his post secondary education at Wayne State University, earning his bachelor of arts degree. He continued his education at the University of Detroit, completing a masters degree. He then went on to earn a Doctorate of Ministry at Drew University, in Madison, New Jersey; and
Whereas, Following his calling, Reverend Jordan became Pastor of Corinthian Baptist Church in 1974. Though his work with the Corinthian congregation has proven extensive, Reverend Jordan has also extended himself to the community through his work with various religious and community organizations. His community involvement includes, but is not limited to, his memberships in the National Association for the Advancement of Colored People, Detroit Urban League, Community Church Ministers in Action, Wayne County Council for the Arts, and the National Congress of Black Churches; and
Whereas, The appointment of Reverend Jordan is yet another milestone in the career and life of this accomplished individual. As the family and friends who have come to witness Reverend Jordan's good works can attest, the public moments of services and sermons are only part of the presence of Joseph Ralph Jordan. His private help to the needy, through encouragement, prayer, or putting a person in touch with someone with the resources to help, has constituted a true gift. Through those who have been blessed by these works, the entire community has been enriched; now, therefore, be it
Resolved by the House of Representatives, That the members of this legislative body honor Reverend Joseph Ralph Jordan upon his appointment to the position of President of the Council of Baptist Pastors of Detroit and Vicinity; and be it further
Resolved, That a copy of this resolution be transmitted to Reverend Joseph Ralph Jordan 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. Spade, Vear, Julian, Kuipers, Vander Roest, Middaugh, Bernero, Schermesser, Jansen, Lemmons, Clark, Thomas, Jelinek, Ehardt, Faunce, Van Woerkom, Drolet, Stewart, Mead, Tabor, Meyer, Pappageorge, Cassis, DeWeese, Caul, Birkholz, Bovin, Hardman, Hale, Kolb, Zelenko, Rivet, Dennis, Richner, Scranton, Hager, Toy, Vander Veen, DeRossett, Newell, Minore, Frank, Koetje, Neumann, Shulman, Sheltrown, Basham, Phillips, Jacobs, Hansen, Howell, Plakas, Bogardus, Anderson, Richardville, Bisbee, Quarles, Adamini, Clarke, Jamnick, DeVuyst, Gieleghem, Switalski, George, Gosselin, Wojno, Lipsey, Rich Brown, Woodward, Schauer, Mans, Williams, Rocca and Bishop offered the following resolution:
House Resolution No. 301.
A resolution commemorating the 90th anniversary of the Girl Scouts of the United States of America and proclaiming March 12, 2002, as Girl Scouts Day in Michigan.
Whereas, Tuesday, March 12, 2002, marks the 90th anniversary of Girl Scouts of the United States of America, founded by Juliette Gordon Low in 1912 in Savannah, Georgia. Fifty million women have enjoyed the benefits of the Girl Scouts program, as an American tradition, for 90 years; and
Whereas, Throughout its long and distinguished history, Girl Scouts, the preeminent organization for girls, has inspired millions of girls with the highest ideals of character, conduct, and patriotism; and
Whereas, The Girl Scouts program leads businesses and communities to teach girls the skills needed to take an active role in math, science, and technology careers and to fulfill our country's economic needs; and
Whereas, Through the Girl Scouts, every girl grows strong, gains self-confidence, acquires the skills needed for success, and learns her duty to the world around her. Participating in Girls' Voices, a national community service project, every girl learns to use her own voice to address an issue of concern to her and perhaps make a change for the betterment of her community; now, therefore, be it
Resolved by the House of Representatives, That the members of this legislative body commemorate the 90th anniversary of the Girl Scouts of the United States of America and proclaim March 12, 2002, as Girl Scouts Day in Michigan.
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.
Reports of Standing Committees
The Committee on Agriculture and Resource Management, by Rep. DeRossett, Chair, reported
House Bill No. 5480, entitled
A bill to amend 1931 PA 328, entitled "The Michigan penal code," (MCL 750.1 to 750.568) by adding section 297f.
With the recommendation that the substitute (H-2) be adopted and that the bill then pass.
The bill and substitute were referred to the order of Second Reading of Bills.
Favorable Roll Call
HB 5480 To Report Out:
Yeas: Reps. DeRossett, Julian, Gilbert, Meyer, Van Woerkom, Vear, Sheltrown, Hansen, Spade,
Nays: None.
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. DeRossett, Chair of the Committee on Agriculture and Resource Management, was received and read:
Meeting held on: Thursday, January 24, 2002, at 8:00 a.m.,
Present: Reps. DeRossett, Julian, Gilbert, Meyer, Van Woerkom, Vear, Sheltrown, Bogardus, Hansen, Spade,
Absent: Rep. Ehardt,
Excused: Rep. Ehardt.
The Committee on Education, by Rep. Kuipers, Chair, reported
House Bill No. 4237, entitled
A bill to amend 1976 PA 451, entitled "The revised school code," (MCL 380.1 to 380.1852) by adding section 1531d.
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 4237 To Report Out:
Yeas: Reps. Kuipers, Meyer, Bradstreet, DeWeese, Hager, Hart, Ruth Johnson, Van Woerkom, Voorhees, Hansen, Bogardus, Clark, Gieleghem, McConico, Spade, Zelenko,
Nays: None.
The Committee on Education, by Rep. Kuipers, Chair, reported
House Bill No. 4398, entitled
A bill to amend 1979 PA 94, entitled "The state school aid act of 1979," by amending section 101 (MCL 388.1701), as amended by 2000 PA 297.
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 4398 To Report Out:
Yeas: Reps. Kuipers, Meyer, Bradstreet, DeWeese, Hager, Ruth Johnson, Van Woerkom, Voorhees, Hansen, Bogardus, Clark, Gieleghem, McConico, Spade, Zelenko,
Nays: None.
The Committee on Education, by Rep. Kuipers, Chair, reported
House Bill No. 5049, entitled
A bill to amend 1976 PA 451, entitled "The revised school code," (MCL 380.1 to 380.1852) by adding section 1279a.
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 5049 To Report Out:
Yeas: Reps. Kuipers, Meyer, Allen, Bradstreet, DeWeese, Hager, Hart, Ruth Johnson, Van Woerkom, Voorhees, Hansen, Bogardus, Clark, Gieleghem, McConico, Spade, Zelenko,
Nays: None.
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Kuipers, Chair of the Committee on Education, was received and read:
Meeting held on: Thursday, January 24, 2002, at 9:00 a.m.,
Present: Reps. Kuipers, Meyer, Allen, Bradstreet, DeWeese, Hager, Hart, Ruth Johnson, Van Woerkom, Voorhees, Hansen, Bogardus, Clark, Gieleghem, McConico, Spade, Zelenko.
The Committee on Veterans Affairs, by Rep. Richardville, Chair, reported
House Bill No. 5501, entitled
A bill to amend 1967 PA 150, entitled "Michigan military act," by amending sections 105, 179, and 310 (MCL 32.505, 32.579, and 32.710), sections 105 and 179 as amended by 1998 PA 212 and section 310 as amended by 1990 PA 301, and by adding section 372a.
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 5501 To Report Out:
Yeas: Reps. Richardville, Woronchak, Allen, Patterson, Schermesser, Mans, Woodward,
Nays: None.
The Committee on Veterans Affairs, by Rep. Richardville, Chair, reported
House Resolution No. 283.
A resolution to memorialize the Congress of the United States to provide a program of low-interest loans for military personnel called to active duty.
(For text of resolution, see House Journal No. 86 of 2001, p. 2652.)
With the recommendation that the resolution be adopted.
The Speaker announced that under Rule 77 the resolution would lie over one day.
Favorable Roll Call
HR 283 To Report Out:
Yeas: Reps. Richardville, Woronchak, Allen, Patterson, Schermesser, Mans, Woodward,
Nays: None.
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Richardville, Chair of the Committee on Veterans Affairs, was received and read:
Meeting held on: Thursday, January 24, 2002, at 9:00 a.m.,
Present: Reps. Richardville, Woronchak, Allen, Patterson, Schermesser, Mans, Woodward.
Notices
January 24, 2002
Mr. Gary L. Randall, Clerk
House of Representatives
State Capitol Building
Lansing, Michigan 48913
Dear Mr. Randall:
This letter is to inform you that the following floor seat changes have been requested and approved:
Representative Chris Kolb moves from seat 80 to 63.
Representative Gretchen Whitmer moves from seat 63 to 80.
The seat changes will be effective January 25, 2002.
Sincerely,
Rick Johnson
Speaker of the House
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, January 10:
Senate Bill Nos. 991 992 993 994 995 996 997 999
The Clerk announced that the following bill had been printed and placed upon the files of the members, Friday, January 11:
Senate Bill No. 998
The Clerk announced that the following bill had been printed and placed upon the files of the members, Thursday, January 24:
House Bill No. 5573
Messages from the Governor
January 17, 2002
Dear Mr. Randall:
Pursuant to Article V, Section 14 of the Michigan Constitution of 1963, I hereby transmit the following list of commutations and pardons granted during 2001:
William Booker - Sentenced on June 20, 2000, to One Year and Ten Months, and Two Year Gun Law for the crimes of Possession of Firearm/Assault Less than Murder. Commuted on June 5, 2001. The commutation was based upon the affirmative recommendation of the Michigan Parole Board.
Ernestine Campbell - Sentenced on July 11, 1967, to Life for the crime of First Degree Murder. Commuted on March 30, 2001. The commutation was based upon the affirmative recommendation of the Michigan Parole Board.
Seaborn Edwards - Sentenced on December 16, 1971, to Life for the crime of First Degree Murder. Commuted on November 15, 2001. The commutation was based upon the affirmative recommendation of the Michigan Parole Board.
Laverne McDougal - Sentenced on April 7, 2000, to 3-20 Years and 1-15 Years for the crimes of Assault Less than Murder and Retail Fraud. Commuted on March 23, 2001. The commutation was based upon the affirmative recommendation of the Michigan Parole Board.
Richard Louis Taranto - Sentenced on February 6, 1985, to Life for the crime of First Degree Murder. Commuted on February 8, 2001. The commutation was based upon the affirmative recommendation of the Michigan Parole Board.
Anton J. Venier - Sentenced on July 9, 1976, to Thirty Days and Five Years Probation for the crime of Carrying a Concealed Weapon. Pardoned on November 15, 2001. The pardon was based upon the affirmative recommendation of the Michigan Parole Board.
Sincerely,
John Engler
Governor
Communications from State Officers
The following communications from the Secretary of State were received and read:
Notices of Filing
Administrative Rules
January 8, 2002
In accordance with the provisions of Section 46(1) of Act 306, Public Acts of 1969, as amended, and Executive Order 1995-6 this is to advise you that the Office of Regulatory Reform, Legal Division filed at 10:17 A.M. this date, administrative rule (02-01-03) for the Department of Consumer and Industry Services, Employment Relations Commission, entitled "General Rules", effective February 1, 2002.
January 15, 2002
In accordance with the provisions of Section 46(1) of Act 306, Public Acts of 1969, as amended, and Executive Order 1995-6 this is to advise you that the Office of Regulatory Reform, Legal Division filed at 1:30 P.M. this date, administrative rule (02-01-04) for the Department of Consumer and Industry Services, Director's Office, entitled "Air Contaminants for Construction", effective 7 days hereafter.
January 15, 2002
In accordance with the provisions of Section 46(1) of Act 306, Public Acts of 1969, as amended, and Executive Order 1995-6 this is to advise you that the Office of Regulatory Reform, Legal Division filed at 1:35 P.M. this date, administrative rule (02-01-05) for the Department of Consumer and Industry Services, Director's Office, entitled "Occupational Health Standard-Benzene", effective 7 days hereafter.
Sincerely,
Candice S. Miller
Secretary of State
Elena L. Beasley, Manager
Office of the Great Seal
The communications were referred to the Clerk.
The following communication from the Department of Consumer and Industry Services was received and read:
January 16, 2002
In accordance with Public Act 171 of 2000, the attached information is being forwarded for legislative review.
Attachment 1 is a copy of a protocol for the investigation of complaints against the survey process. This protocol was implemented effective October 1, 2001.
Attachment 2 is a protocol for the review of Michigan citation patterns as compared with those of other states within the region.
Sincerely,
Kathleen M. Wilbur
Director
The communication was referred to the Clerk.
Introduction of Bills
Reps. Gosselin, Drolet, Cassis, Pappageorge, Vear and Bradstreet introduced
House Bill No. 5574, entitled
A bill to amend 1947 PA 336, entitled "An act to prohibit strikes by certain public employees; to provide review from disciplinary action with respect thereto; to provide for the mediation of grievances and the holding of elections; to declare and protect the rights and privileges of public employees; and to prescribe means of enforcement and penalties for the violation of the provisions of this act," by amending sections 10 and 16 (MCL 423.210 and 423.216).
The bill was read a first time by its title and referred to the Committee on Employment Relations, Training and Safety.
______
Rep. Anderson moved that the House adjourn.
The motion prevailed, the time being 3:45 p.m.
Associate Speaker Pro Tempore Julian declared the House adjourned until Tuesday, January 29, at 2:00 p.m.
GARY L. RANDALL
Clerk of the House of Representatives.