hj02142t.013

No. 13

STATE OF MICHIGAN

JOURNAL

OF THE

House of Representatives

91st Legislature

REGULAR SESSION OF 2002

House Chamber, Lansing, Thursday, February 14, 2002.

12:00 Noon.

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.

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--excused

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--excused

Mortimer--present

Murphy--present

Neumann--present

Newell--present

O'Neil--present

Pappageorge--present

Patterson--present

Pestka--present

Phillips--present

Plakas--present

Pumford--present

Quarles--excused

Raczkowski--present

Reeves--excused

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

Van Woerkom--present

Vander Roest--present

Vander Veen--present

Vear--present

Voorhees--excused

Waters--present

Whitmer--present

Williams--present

Wojno--present

Woodward--present

Woronchak--present

Zelenko--present

e/d/s = entered during session

Dr. Paul Heaton, Pastor of Lupton Bible Baptist Church in Lupton, offered the following invocation:

"Dear Father in heaven, I thank You for the opportunity to stand before this great assembly of men and women who were elected to lead our state. By setting aside this time they indicate they desire Your guidance in the many decisions they will make today and into this coming year.

Lord, I am reminded of the words of the Apostle Paul who told us to make 'supplications, prayers, intercessions, and giving of thanks . . . for all men; (2) For kings, and for all that are in authority; that we may lead a quiet and peaceable life in all godliness and honesty.' (I Timothy 2:1,2) I trust this would be the desire of these here today, that we might have a peaceable life, one that can be lived in all godliness and honesty. Thus, I ask You to give this distinguished elected body wisdom in making decisions.

God, I know that they might not always have the same political ambitions but I ask that they might have the same minds in achieving the desired end of providing a model state for others to follow. I ask for Thy divine guidance even in moments of disagreement.

And as Solomon sought for Your wisdom, realizing he was not capable of guiding the nation of Israel, I ask that these present here today, as well as those in the future, will humbly seek Thy wisdom and guidance to lead our state.

So I ask, as You did for the patriarchs of old, fill these who are assembled here this day with Thy wisdom and understanding needed to make proper and correct decisions.

Lord, of this we ask in Thy holy name, the name that is above all names. Amen."

______

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

Rep. Jacobs moved that Reps. Minore, Quarles, Reeves and Stallworth be excused from today's session.

The motion prevailed.

Rep. Vander Roest moved that Reps. Hart and Voorhees be excused from today's session.

The motion prevailed.

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

The motion prevailed.

Third Reading of Bills

House Bill No. 5398, entitled

A bill to amend 1927 PA 175, entitled "The code of criminal procedure," (MCL 760.1 to 777.69) by adding section 37 to chapter VIII.

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

Roll Call No. 81 Yeas--100

Allen Faunce Kuipers Rocca

Anderson Frank LaSata Schauer

Basham Garza Lemmons Schermesser

Bernero George Lipsey Scranton

Birkholz Gieleghem Lockwood Shackleton

Bisbee Gilbert Mans Sheltrown

Bishop Godchaux McConico Shulman

Bogardus Gosselin Mead Spade

Bovin Hager Meyer Stamas

Bradstreet Hale Middaugh Stewart

Brown, B. Hansen Mortimer Switalski

Brown, C. Hardman Murphy Tabor

Brown, R. Howell Neumann Thomas

Callahan Hummel Newell Toy

Cassis Jacobs O'Neil Van Woerkom

Caul Jamnick Pappageorge Vander Roest

Clark, I. Jansen Patterson Vander Veen

Clarke, H. Jelinek Pestka Vear

Daniels Johnson, Rick Phillips Waters

Dennis Johnson, Ruth Pumford Whitmer

DeRossett Julian Raczkowski Williams

DeVuyst Koetje Richardville Wojno

DeWeese Kolb Richner Woodward

Drolet Kooiman Rison Woronchak

Ehardt Kowall Rivet Zelenko

Nays--1

Adamini

In The Chair: Julian

The House agreed to the title of the bill.

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

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

Senate Bill No. 718, entitled

A bill to amend 1969 PA 317, entitled "Worker's disability compensation act of 1969," by amending section 551 (MCL 418.551), as amended by 1992 PA 269.

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

Roll Call No. 82 Yeas--98

Adamini Frank LaSata Schauer

Allen Garza Lemmons Schermesser

Anderson George Lipsey Scranton

Basham Gieleghem Lockwood Shackleton

Bernero Gilbert Mans Sheltrown

Birkholz Godchaux McConico Shulman

Bisbee Gosselin Mead Spade

Bishop Hager Meyer Stamas

Bogardus Hale Middaugh Stewart

Bovin Hansen Mortimer Switalski

Bradstreet Hardman Murphy Tabor

Brown, B. Howell Neumann Thomas

Brown, C. Hummel Newell Toy

Brown, R. Jacobs Pappageorge Van Woerkom

Callahan Jamnick Patterson Vander Roest

Cassis Jansen Pestka Vander Veen

Caul Jelinek Phillips Vear

Clarke, H. Johnson, Rick Pumford Waters

Daniels Johnson, Ruth Raczkowski Whitmer

DeRossett Julian Richardville Williams

DeVuyst Koetje Richner Wojno

DeWeese Kolb Rison Woodward

Drolet Kooiman Rivet Woronchak

Ehardt Kowall Rocca Zelenko

Faunce Kuipers

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 revise and consolidate the laws relating to worker's disability compensation; to increase the administrative efficiency of the adjudicative processes of the worker's compensation system; to improve the qualifications of the persons having adjudicative functions within the worker's compensation system; to prescribe certain powers and duties; to create the board of worker's compensation magistrates and the worker's compensation appellate commission; to create certain other boards; to provide certain procedures for the resolution of claims, including mediation and arbitration; to prescribe certain benefits for persons suffering a personal injury under the act; to prescribe certain limitations on obtaining benefits under the act; to create, and provide for the transfer of, certain funds; to prescribe certain fees; to prescribe certain remedies and penalties; to repeal certain parts of this act on specific dates; and to repeal certain acts and parts of acts,".

The House agreed to the full title.

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

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

House Bill No. 5298, entitled

A bill to amend 1927 PA 175, entitled "The code of criminal procedure," by amending section 36 of chapter VIII (MCL 768.36).

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

Roll Call No. 83 Yeas--101

Adamini Faunce Kuipers Rocca

Allen Frank LaSata Schauer

Anderson Garza Lemmons Schermesser

Basham George Lipsey Scranton

Bernero Gieleghem Lockwood Shackleton

Birkholz Gilbert Mans Sheltrown

Bisbee Godchaux McConico Shulman

Bishop Gosselin Mead Spade

Bogardus Hager Meyer Stamas

Bovin Hale Middaugh Stewart

Bradstreet Hansen Mortimer Switalski

Brown, B. Hardman Murphy Tabor

Brown, C. Howell Neumann Thomas

Brown, R. Hummel Newell Toy

Callahan Jacobs O'Neil Van Woerkom

Cassis Jamnick Pappageorge Vander Roest

Caul Jansen Patterson Vander Veen

Clark, I. Jelinek Pestka Vear

Clarke, H. Johnson, Rick Phillips Waters

Daniels Johnson, Ruth Pumford Whitmer

Dennis Julian Raczkowski Williams

DeRossett Koetje Richardville Wojno

DeVuyst Kolb Richner Woodward

DeWeese Kooiman Rison Woronchak

Drolet Kowall Rivet Zelenko

Ehardt

Nays--0

In The Chair: Julian

The House agreed to the title of the bill.

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

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

House Bill No. 5480, entitled

A bill to amend 1931 PA 328, entitled "The Michigan penal code," (MCL 750.1 to 750.568) by adding section 297f.

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

Roll Call No. 84 Yeas--101

Ehardt

Nays--0

In The Chair: Julian

The House agreed to the title of the bill.

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

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

Reps. Anderson, Basham, Bob Brown, DeRossett, Hardman, Howell, Jacobs, Jamnick, Julian, Kolb, Lipsey, Mans, Mortimer, Murphy, Newell, O'Neil, Richardville, Rocca, Spade, Stewart, Toy, Van Woerkom, Vear and Zelenko were named co-sponsors of the bill.

House Bill No. 4401, entitled

A bill to amend 1927 PA 175, entitled "The code of criminal procedure," by amending section 2a of chapter IV (MCL 764.2a).

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

Roll Call No. 85 Yeas--101

Adamini Faunce LaSata Rocca

Allen Frank Lemmons Schauer

Anderson Garza Lipsey Schermesser

Basham George Lockwood Scranton

Bernero Gieleghem Mans Shackleton

Birkholz Gilbert McConico Sheltrown

Bisbee Godchaux Mead Shulman

Bishop Gosselin Meyer Spade

Bogardus Hager Middaugh Stamas

Bovin Hale Mortimer Stewart

Bradstreet Hansen 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 Waters

Daniels Julian Pumford Whitmer

Dennis Koetje Raczkowski Williams

DeRossett Kolb Richardville Wojno

DeVuyst Kooiman Richner Woodward

DeWeese Kowall Rison Woronchak

Drolet Kuipers Rivet Zelenko

Ehardt

Nays--1

Hardman

In The Chair: Julian

The House agreed to the title of the bill.

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

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

House Bill No. 4781, entitled

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

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

Roll Call No. 86 Yeas--102

Adamini Faunce LaSata Rocca

Allen Frank Lemmons Schauer

Anderson Garza Lipsey Schermesser

Basham George Lockwood Scranton

Bernero Gieleghem Mans Shackleton

Birkholz Gilbert McConico Sheltrown

Bisbee Godchaux Mead Shulman

Bishop Gosselin Meyer Spade

Bogardus Hager Middaugh Stamas

Bovin Hale Mortimer Stewart

Bradstreet Hansen Murphy Switalski

Brown, B. Hardman Neumann Tabor

Brown, C. Howell Newell Thomas

Brown, R. Hummel O'Neil Toy

Callahan Jacobs Pappageorge Van Woerkom

Cassis Jamnick Patterson Vander Roest

Caul Jansen Pestka Vander Veen

Clark, I. Jelinek Phillips Vear

Clarke, H. Johnson, Rick Plakas Waters

Daniels Johnson, Ruth Pumford Whitmer

Dennis Julian Raczkowski Williams

DeRossett Koetje Richardville Wojno

DeVuyst Kolb Richner Woodward

DeWeese Kooiman Rison Woronchak

Drolet Kowall Rivet Zelenko

Ehardt Kuipers

Nays--0

In The Chair: Julian

The House agreed to the title of the bill.

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

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

House Bill No. 4782, entitled

A bill to amend 1927 PA 175, entitled "The code of criminal procedure," by amending section 16l of chapter XVII (MCL 777.16l), as amended by 2000 PA 279.

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

Roll Call No. 87 Yeas--102

Adamini Faunce LaSata Rocca

Allen Frank Lemmons Schauer

Anderson Garza Lipsey Schermesser

Basham George Lockwood Scranton

Bernero Gieleghem Mans Shackleton

Birkholz Gilbert McConico Sheltrown

Bisbee Godchaux Mead Shulman

Bishop Gosselin Meyer Spade

Bogardus Hager Middaugh Stamas

Bovin Hale Mortimer Stewart

Bradstreet Hansen Murphy Switalski

Brown, B. Hardman Neumann Tabor

Brown, C. Howell Newell Thomas

Brown, R. Hummel O'Neil Toy

Callahan Jacobs Pappageorge Van Woerkom

Cassis Jamnick Patterson Vander Roest

Caul Jansen Pestka Vander Veen

Clark, I. Jelinek Phillips Vear

Clarke, H. Johnson, Rick Plakas Waters

Daniels Johnson, Ruth Pumford Whitmer

Dennis Julian Raczkowski Williams

DeRossett Koetje Richardville Wojno

DeVuyst Kolb Richner Woodward

DeWeese Kooiman Rison Woronchak

Drolet Kowall Rivet Zelenko

Ehardt Kuipers

Nays--0

In The Chair: Julian

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

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

A bill to amend 1927 PA 175, entitled "The code of criminal procedure," by amending section 16l of chapter XVII (MCL 777.16l), as amended by 2001 PA 19.

The motion prevailed.

The House agreed to the title as amended.

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

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

House Bill No. 5399, entitled

A bill to amend 1931 PA 328, entitled "The Michigan penal code," by amending section 411a (MCL 750.411a), as amended by 2000 PA 370.

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

Roll Call No. 88 Yeas--102

Adamini Faunce LaSata Rocca

Allen Frank Lemmons Schauer

Anderson Garza Lipsey Schermesser

Basham George Lockwood Scranton

Bernero Gieleghem Mans Shackleton

Birkholz Gilbert McConico Sheltrown

Bisbee Godchaux Mead Shulman

Bishop Gosselin Meyer Spade

Bogardus Hager Middaugh Stamas

Bovin Hale Mortimer Stewart

Bradstreet Hansen Murphy Switalski

Brown, B. Hardman Neumann Tabor

Brown, C. Howell Newell Thomas

Brown, R. Hummel O'Neil Toy

Callahan Jacobs Pappageorge Van Woerkom

Cassis Jamnick Patterson Vander Roest

Caul Jansen Pestka Vander Veen

Clark, I. Jelinek Phillips Vear

Clarke, H. Johnson, Rick Plakas Waters

Daniels Johnson, Ruth Pumford Whitmer

Dennis Julian Raczkowski Williams

DeRossett Koetje Richardville Wojno

DeVuyst Kolb Richner Woodward

DeWeese Kooiman Rison Woronchak

Drolet Kowall Rivet Zelenko

Ehardt Kuipers

Nays--0

In The Chair: Julian

The House agreed to the title of the bill.

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

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

House Bill No. 5440, entitled

A bill to amend 1931 PA 328, entitled "The Michigan penal code," (MCL 750.1 to 750.568) by adding section 81d.

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

Roll Call No. 89 Yeas--102

Adamini Faunce LaSata Rocca

Allen Frank Lemmons Schauer

Anderson Garza Lipsey Schermesser

Basham George Lockwood Scranton

Bernero Gieleghem Mans Shackleton

Birkholz Gilbert McConico Sheltrown

Bisbee Godchaux Mead Shulman

Bishop Gosselin Meyer Spade

Bogardus Hager Middaugh Stamas

Bovin Hale Mortimer Stewart

Bradstreet Hansen Murphy Switalski

Brown, B. Hardman Neumann Tabor

Brown, C. Howell Newell Thomas

Brown, R. Hummel O'Neil Toy

Callahan Jacobs Pappageorge Van Woerkom

Cassis Jamnick Patterson Vander Roest

Caul Jansen Pestka Vander Veen

Clark, I. Jelinek Phillips Vear

Clarke, H. Johnson, Rick Plakas Waters

Daniels Johnson, Ruth Pumford Whitmer

Dennis Julian Raczkowski Williams

DeRossett Koetje Richardville Wojno

DeVuyst Kolb Richner Woodward

DeWeese Kooiman Rison Woronchak

Drolet Kowall Rivet Zelenko

Ehardt Kuipers

Nays--0

In The Chair: Julian

The House agreed to the title of the bill.

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

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

House Bill No. 5441, entitled

A bill to amend 1927 PA 175, entitled "The code of criminal procedure," by amending section 16d of chapter XVII (MCL 777.16d), as amended by 2001 PA 20.

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

Roll Call No. 90 Yeas--102

Adamini Faunce LaSata Rocca

Allen Frank Lemmons Schauer

Anderson Garza Lipsey Schermesser

Basham George Lockwood Scranton

Bernero Gieleghem Mans Shackleton

Birkholz Gilbert McConico Sheltrown

Bisbee Godchaux Mead Shulman

Bishop Gosselin Meyer Spade

Bogardus Hager Middaugh Stamas

Bovin Hale Mortimer Stewart

Bradstreet Hansen Murphy Switalski

Brown, B. Hardman Neumann Tabor

Brown, C. Howell Newell Thomas

Brown, R. Hummel O'Neil Toy

Callahan Jacobs Pappageorge Van Woerkom

Cassis Jamnick Patterson Vander Roest

Caul Jansen Pestka Vander Veen

Clark, I. Jelinek Phillips Vear

Clarke, H. Johnson, Rick Plakas Waters

Daniels Johnson, Ruth Pumford Whitmer

Dennis Julian Raczkowski Williams

DeRossett Koetje Richardville Wojno

DeVuyst Kolb Richner Woodward

DeWeese Kooiman Rison Woronchak

Drolet Kowall Rivet Zelenko

Ehardt Kuipers

Nays--0

In The Chair: Julian

The House agreed to the title of the bill.

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

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

House Bill No. 5442, entitled

A bill to amend 1931 PA 328, entitled "The Michigan penal code," by amending sections 479 and 479a (MCL 750.479 and 750.479a), section 479a as amended by 1998 PA 344.

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

Roll Call No. 91 Yeas--100

Adamini Frank LaSata Rocca

Allen Garza Lemmons Schauer

Anderson George Lipsey Schermesser

Basham Gieleghem Lockwood Scranton

Bernero Gilbert Mans Shackleton

Birkholz Godchaux McConico Sheltrown

Bisbee Gosselin Mead Shulman

Bishop Hager Meyer Spade

Bogardus Hale Middaugh Stamas

Bovin Hansen Mortimer Stewart

Brown, B. Hardman 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

Daniels Johnson, Ruth Plakas Waters

Dennis Julian Pumford Whitmer

DeRossett Koetje Raczkowski Williams

DeVuyst Kolb Richardville Wojno

DeWeese Kooiman Richner Woodward

Ehardt Kowall Rison Woronchak

Faunce Kuipers Rivet Zelenko

Nays--2

Bradstreet Drolet

In The Chair: Julian

The House agreed to the title of the bill.

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

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

______

Rep. Drolet, 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:

In adopting this package of bills, we seek stricter penalties on those criminals who demonstrate their contempt for law by way of assaulting police officers. Unfortunately, these two bills extend this principle much further than we should be willing to go. House bills 5442 and 5443 are about far more than protecting police officers. They add judges, attorneys, and other court officers to the list of citizens who should receive protected status under our criminal law. Equal protection under the law is a bedrock principle that sustains our society and legal institutions. We bend that principle significantly when we carve out special punishments for those who harm cops. We risk obliterating it entirely when we extend this protected status to anyone else.

If we punish a felon more severely when he beats up a judge than when he beats up a small business owner, or a teacher, then we implicitly send a message that the life of the judge is more valuable than the life of the common citizen. Amongst the favorable votes for these two bills there will surely be some that rightly oppose the establishment of 'hate crimes' legislation. Those persons should note that these bills have much in common with the creation of 'hate crimes' statutes. The end result of it all will be a legal system in which violent criminals are punished based upon their victim, rather than the severity of their crime. In effect, different legal protections for people based upon their race, their religion, and now their occupation. This is far from equal protection under the law. We are veering toward a caste system in which certain lives are more valuable than others."

House Bill No. 5443, entitled

A bill to amend 1927 PA 175, entitled "The code of criminal procedure," by amending section 16x of chapter XVII (MCL 777.16x), as amended by 2000 PA 473.

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

Roll Call No. 92 Yeas--94

Adamini Garza Lipsey Rocca

Allen George Lockwood Schauer

Anderson Gieleghem Mans Schermesser

Basham Gilbert McConico Scranton

Bernero Gosselin Mead Shackleton

Birkholz Hager Meyer Sheltrown

Bisbee Hale Middaugh Shulman

Bishop Hansen Mortimer Spade

Bogardus Hardman Murphy Stamas

Bovin Howell Neumann Stewart

Brown, B. Jacobs Newell Switalski

Brown, C. Jamnick O'Neil Tabor

Brown, R. Jansen Pappageorge Thomas

Callahan Jelinek Patterson Toy

Cassis Johnson, Rick Pestka Van Woerkom

Caul Johnson, Ruth Phillips Vander Veen

Clark, I. Julian Plakas Waters

Clarke, H. Koetje Pumford Whitmer

Daniels Kolb Raczkowski Williams

Dennis Kooiman Richardville Wojno

DeRossett Kowall Richner Woodward

DeWeese Kuipers Rison Woronchak

Faunce LaSata Rivet Zelenko

Frank Lemmons

Nays--8

Bradstreet Drolet Godchaux Vander Roest

DeVuyst Ehardt Hummel Vear

In The Chair: Julian

The House agreed to the title of the bill.

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

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

Reps. Anderson, Bogardus, Rich Brown, Daniels, DeRossett, Frank, Hardman, Lemmons, Mans, Murphy, Neumann, Pappageorge, Phillips, Richardville, Shackleton and Stewart were named co-sponsors of the bill.

______

Rep. Jacobs moved that Rep. Plakas be excused from the balance of today's session.

The motion prevailed.

House Bill No. 5444, entitled

A bill to amend 1931 PA 328, entitled "The Michigan penal code," by amending section 483a (MCL 750.483a), as added by 2000 PA 451.

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

Roll Call No. 93 Yeas--100

Adamini Ehardt Kuipers Rocca

Allen Faunce LaSata Schauer

Anderson Frank Lemmons Schermesser

Basham George Lipsey Scranton

Bernero Gieleghem Lockwood Shackleton

Birkholz Gilbert Mans Sheltrown

Bisbee Godchaux McConico Shulman

Bishop Gosselin Mead Spade

Bogardus Hager Meyer Stamas

Bovin Hale Middaugh Stewart

Bradstreet Hansen Mortimer Switalski

Brown, B. Hardman Murphy Tabor

Brown, C. Howell Neumann Thomas

Brown, R. Hummel Newell Toy

Callahan Jacobs O'Neil Van Woerkom

Cassis Jamnick Pappageorge Vander Roest

Caul Jansen Patterson Vander Veen

Clark, I. Jelinek Pestka Vear

Clarke, H. Johnson, Rick Phillips Waters

Daniels Johnson, Ruth Pumford Whitmer

Dennis Julian Raczkowski Williams

DeRossett Koetje Richardville Wojno

DeVuyst Kolb Richner Woodward

DeWeese Kooiman Rison Woronchak

Drolet Kowall Rivet Zelenko

Nays--0

In The Chair: Julian

The House agreed to the title of the bill.

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

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

House Bill No. 5445, entitled

A bill to amend 1931 PA 328, entitled "The Michigan penal code," by amending section 122 (MCL 750.122), as added by 2000 PA 452.

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

Roll Call No. 94 Yeas--101

Ehardt

Nays--0

In The Chair: Julian

The House agreed to the title of the bill.

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

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

House Bill No. 5446, entitled

A bill to amend 1931 PA 328, entitled "The Michigan penal code," by amending section 120a (MCL 750.120a), as amended by 2000 PA 450.

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

Roll Call No. 95 Yeas--101

Ehardt

Nays--0

In The Chair: Julian

The House agreed to the title of the bill.

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

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

House Bill No. 5486, entitled

A bill to amend 1978 PA 59, entitled "Condominium act," by amending sections 58, 67, 69, 90, 90a, 108, 112, 135, 173, and 176 (MCL 559.158, 559.167, 559.169, 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 and section 173 as amended by 1983 PA 113.

The bill was read a third time.

The question being on the passage of the bill,

Rep. Bishop moved to substitute (H-1) the bill.

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

The question being on the passage of the bill,

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

Roll Call No. 96 Yeas--98

Adamini Ehardt LaSata Schauer

Allen Faunce Lipsey Schermesser

Anderson Frank Lockwood Scranton

Basham Garza Mans Shackleton

Bernero George McConico Sheltrown

Birkholz Gieleghem Mead Shulman

Bisbee Gilbert Meyer Spade

Bishop Godchaux Middaugh Stamas

Bogardus Gosselin Mortimer Stewart

Bovin Hager Murphy Switalski

Bradstreet Hale Neumann Tabor

Brown, B. Hansen Newell Thomas

Brown, C. Hardman O'Neil Toy

Brown, R. Howell Pappageorge Van Woerkom

Callahan Hummel Patterson Vander Roest

Cassis Jacobs Pestka Vander Veen

Caul Jansen Phillips Vear

Clark, I. Jelinek Pumford Waters

Clarke, H. Johnson, Rick Raczkowski Whitmer

Daniels Johnson, Ruth Richardville Williams

Dennis Julian Richner Wojno

DeRossett Koetje Rison Woodward

DeVuyst Kooiman Rivet Woronchak

DeWeese Kowall Rocca Zelenko

Drolet Kuipers

Nays--0

In The Chair: Julian

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

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

A bill to amend 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 motion prevailed.

The House agreed to the title as amended.

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

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

______

The Speaker Pro Tempore resumed the Chair.

House Bill No. 5151, entitled

A bill to amend 1961 PA 236, entitled "Revised judicature act of 1961," (MCL 600.101 to 600.9948) by adding section 2607.

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

Roll Call No. 97 Yeas--100

Adamini Ehardt Kowall Rivet

Allen Faunce Kuipers Rocca

Anderson Frank LaSata Schauer

Basham Garza Lemmons Schermesser

Bernero George Lipsey Scranton

Birkholz Gieleghem Lockwood Shackleton

Bisbee Gilbert Mans Sheltrown

Bishop Godchaux McConico Shulman

Bogardus Gosselin Mead Spade

Bovin Hager Meyer Stamas

Bradstreet Hale Middaugh Stewart

Brown, B. Hansen Mortimer Switalski

Brown, C. Hardman Murphy Tabor

Brown, R. Howell Neumann Thomas

Callahan Hummel Newell Toy

Cassis Jacobs O'Neil Van Woerkom

Caul Jamnick Pappageorge Vander Roest

Clark, I. Jansen Patterson Vander Veen

Clarke, H. Jelinek Pestka Vear

Daniels Johnson, Rick Phillips Waters

Dennis Johnson, Ruth Pumford Whitmer

DeRossett Julian Raczkowski Williams

DeVuyst Koetje Richardville Wojno

DeWeese Kolb Richner Woronchak

Drolet Kooiman Rison Zelenko

Nays--0

In The Chair: Birkholz

The House agreed to the title of the bill.

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

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

Second Reading of Bills

Senate Bill No. 604, entitled

A bill to amend 1956 PA 218, entitled "The insurance code of 1956," by amending sections 2468 and 2662 (MCL 500.2468 and 500.2662).

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. 605, entitled

A bill to amend 1956 PA 218, entitled "The insurance code of 1956," by amending section 3114 (MCL 500.3114), as amended by 1984 PA 372.

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. 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 bill was read a second time.

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

The motion prevailed.

House Bill No. 4091, entitled

A bill to amend 1949 PA 300, entitled "Michigan vehicle code," by amending section 323d (MCL 257.323d), as added by 1993 PA 359.

Was read a second time, and the question being on the adoption of the proposed amendment previously recommended by the Committee on Civil Law and the Judiciary (for amendment, see House Journal No. 6, p. 86),

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

Rep. Switalski moved to amend the bill as follows:

1. Amend page 1, line 6, after "74" by striking out the balance of the line through "17766a" on line 7.

2. Amend page 1, line 10, after "333.7461" by striking out "and 333.17766a," and inserting a comma.

3. Amend page 2, line 1, after "74" by striking out "or section 17766a".

4. Amend page 2, line 3, after "333.7461" by striking out the balance of the sentence and inserting a period.

5. Amend page 3, line 4, after "74" by striking out "or section 17766a".

6. Amend page 3, line 5, after "333.7461" by striking out "AND 333.17766A," and inserting a comma.

7. Amend page 3, line 7, by striking out "or section 17766a".

8. Amend page 3, line 8, after "333.7461" by striking out "AND 333.17766A," and inserting a comma.

9. Amend page 3, line 16, after "74" by striking out "of section 17766a".

10. Amend page 3, line 17, after "333.7461" by striking out the balance of the line through "333.17766A," on line 18 and inserting a comma.

11. Amend page 3, line 19, after "74" by striking out "or section 17766a".

12. Amend page 3, line 20, after "333.7461" by striking out the balance of the sentence and inserting a period.

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

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

The motion prevailed.

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

The motion prevailed.

By unanimous consent the House returned to the order of

Motions and Resolutions

Reps. Howell, Williams, Frank, Bogardus, Gosselin, Richner, Lemmons, Shackleton, Toy, Birkholz, Plakas, Whitmer, Adamini, Jamnick, Schauer, Shulman, Rivet, Zelenko, Basham, Hager, Bishop, Faunce, Van Woerkom, Meyer, Drolet, Bradstreet, Vander Veen, Mead, LaSata, Julian, Koetje, Kuipers, DeWeese, Stewart, Newell, DeRossett, Sheltrown, Schermesser, Jacobs, DeVuyst, Cassis, Ehardt, Hansen, George, McConico, Spade, Raczkowski, Pappageorge, Switalski, Vander Roest, Lockwood, Clarke, Rich Brown, Murphy, Bovin, Woodward, Lipsey, Wojno and Richardville offered the following resolution:

House Resolution No. 324.

A resolution honoring the life of Robert L. Fish.

"The world may sound no trumpets, ring no bells;

The book of life the shining record tells."

Elizabeth Barrett Browning

Whereas, It is with deep respect that we join the family, friends, colleagues, and all of Saginaw county in mourning the loss of Robert L. Fish, Chairman of the Saginaw County Board of Commissioners. His passing has saddened all that had the good fortune of knowing him and we extend our sympathies and respect to his family and many friends. Robert will be sincerely missed and will be forever remembered for his dedication as a public servant and selfless commitment to serving others; and

Whereas, Robert's community service began as a member of the Albee Township Parks Commission. He later served eight years as the Albee Township Clerk. In 1994, he was elected to the Saginaw County Board of Commissioners and elected Chairman of the Board, for a fourth time, in 2002. As a leader, he served on every committee and subcommittee of the County Board and was very influential within the process; and

Whereas, Robert will always be remembered by his colleagues as a man of compromise and loyalty. With these qualities, along with his commitment and dedication to his work, he led the board in fulfilling its mission to protect the health, welfare, and safety of the residents of Saginaw County; and

Whereas, Mr. Fish had a love and zest for life that he shared with his loving wife, Marty, his children, Anne and Robert Jr., and his extended family. His friends and constituents will not only remember him for his abilities as a government leader, but also as a leader by example of true family values; now, therefore, be it

Resolved by the House of Representatives, That the members of this legislative body honor the life of Robert L. Fish. We appreciate and praise this public servant who truly enjoyed the position and responsibility vested upon him by his county and its residents; and be it further

Resolved, That a copy of this resolution be transmitted to the Fish family as evidence of the lasting esteem that will be held for his memory by the people of our state.

The question being on the adoption of the resolution,

The resolution was adopted.

Reps. Tabor, Bogardus, Gosselin, Richner, Lemmons, Thomas, Shackleton, Toy, Birkholz, Mans, Hardman, Whitmer, Adamini, Jamnick, Schauer, Shulman, Callahan, Rocca, Frank, Basham, Hager, Bishop, Faunce,
Van Woerkom, Meyer, Caul, Drolet, Jansen, Bradstreet, Vander Veen, Mead, Scranton, LaSata, Julian, Koetje, Kuipers, DeWeese, Stewart, Newell, DeRossett, Sheltrown, Schermesser, Jacobs, DeVuyst, Cassis, Ehardt, Kooiman, Howell, Hansen, George, Kowall, McConico, Spade, Raczkowski, Pappageorge, Switalski, Vander Roest, Lockwood, Clarke, Anderson, Neumann, Rich Brown, Murphy, Bovin, Woodward, Gieleghem, Lipsey, Wojno, Richardville and Phillips offered the following resolution:

House Resolution No. 325.

A resolution commemorating May 2002 as Motorcycle Safety Awareness Month.

Whereas, It is most appropriate to join with the members of the Gold Wing Touring Association in commemorating May 2002 as Motorcycle Safety Awareness Month. This worthwhile observance provides all Michigan motorists with an opportunity to rededicate themselves to the highest standards of highway safety; and

Whereas, The coming of spring marks the return of motorcycle enthusiasts to our state's highways. An international association of motorcycle operators with nearly 300 members in Michigan, the Gold Wing Touring Association has been at the forefront of efforts to promote the wise and sensible use of this most enjoyable mode of travel. Indeed, the disproportionate number of motorcycle fatalities makes it vitally important to encourage motorcyclists to understand and practice the highest degree of safety as well as to remind other drivers that highway safety is a two-way street; and

Whereas, Motorcycle Safety Awareness Month encourages motorcycle operators to be properly outfitted with crash helmets and other protective gear, keep their motorcycles in good operating condition, adhere to the laws of the road, and adopt the driving techniques which provide an extra measure of safety. In addition, car and truck drivers are made aware of the seasonal return of motorcyclists and are urged to be particularly alert and careful when approaching or overtaking a motorcycle on the highway. It is truly a pleasure to take this opportunity to once again remind all of those who share our highways that safety is every drivers responsibility; now, therefore, be it

Resolved by the House of Representatives, That the members of this legislative body commemorate May 2002 as Motorcycle Safety Awareness Month; and be it further

Resolved, That a copy of the resolution be transmitted to the Gold Wing Touring Association 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. Allen, Bogardus, Gosselin, Richner, Lemmons, Thomas, Shackleton, Toy, Birkholz, Mans, Hardman, Whitmer, Adamini, Jamnick, Schauer, Shulman, Kolb, Rivet, Rocca, Frank, Zelenko, Bernero, Basham, Hager, Bishop, Faunce, Van Woerkom, Meyer, Caul, Tabor, Drolet, Jansen, Bradstreet, Vander Veen, Mead, Scranton, LaSata, Julian, Koetje, Kuipers, DeWeese, Stewart, Newell, DeRossett, Sheltrown, Schermesser, Jacobs, DeVuyst, Cassis, Ehardt, Kooiman, Howell, Hansen, George, McConico, Spade, Raczkowski, Pappageorge, Switalski, Vander Roest, Lockwood, Clarke, Anderson, Neumann, Rich Brown, Murphy, Bovin, Woodward, Gieleghem, Lipsey, Wojno, Richardville and Phillips offered following resolution:

House Resolution No. 326.

A resolution commemorating the 50th anniversary of the Michigan Press Photographer's Association and expressing appreciation for their valuable contributions in Michigan.

Whereas, We are proud to join with the members and friends of the Michigan Press Photographer's Association (MPPA) as they gather to mark the 50th anniversary of this outstanding group. This milestone is a reflection of their unselfishness and commitment to the common good that is most commendable. While the members of this distinguished organization celebrate 50 years of service, we offer our thanks for the gifts they have shared throughout Michigan; and

Whereas, The MPPA was formed in October of 1952, by a group of active news photographers from around the state of Michigan. It was later chartered by the National Press Photographer's Association in 1963. The MPPA became the first chapter of the National Press Photographer's Association and remains the largest and most active chapter in the United States. In the years that have followed since they first came together, this organization has adapted to changes in society, membership, and expectations. This ability to grow and change has shown the belief that members have maintained in their mission of service and the unity of the membership; and

Whereas, With ceremonies to celebrate its history, the members and officers of the MPPA will remember the visions of many people and the hours and years of commitment that have brought them to this point. Fittingly, as they look to the past, they will also be casting an eye to the future and to the many ways in which the MPPA will continue to reach out in our state; now, therefore, be it

Resolved by the House of Representatives, That the members of this legislative body commemorate the 50th anniversary of the Michigan Press Photographer's Association. We appreciate all of their valuable contributions to the state of Michigan; and be it further

Resolved, That a copy of this resolution be transmitted to the Michigan Press Photographer's Association 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. Toy, Bob Brown, Bogardus, Gosselin, Richner, Lemmons, Thomas, Shackleton, Birkholz, Plakas, Mans, Waters, Hardman, Whitmer, Adamini, Jamnick, Middaugh, Schauer, Shulman, Kolb, Rivet, Rocca, Frank, Zelenko, Bernero, Basham, Hager, Bishop, Faunce, Van Woerkom, Meyer, Caul, Drolet, Jansen, Bradstreet, Vander Veen, Mead, Scranton, LaSata, Julian, Koetje, Kuipers, DeWeese, Stewart, Newell, DeRossett, Sheltrown, Schermesser, Jacobs, DeVuyst, Cassis, Ehardt, Kooiman, Howell, Hansen, George, McConico, Spade, Raczkowski, Pappageorge, Switalski, Vander Roest, Lockwood, Clarke, Anderson, Neumann, Rich Brown, Murphy, Bovin, Woodward, Gieleghem, Lipsey, Wojno, Richardville and Phillips offered the following resolution:

House Resolution No. 327.

A resolution commemorating the 85th anniversary of the Methodist Children's Home Society of Detroit.

Whereas, It is with great appreciation and respect that we commemorate the 85th anniversary of the Methodist Children's Home Society of Detroit. This voluntary, private, and nonsectarian child care agency has provided quality care for children and families since 1917; and

Whereas, Originally founded in Highland Park to care for orphaned children, Methodist Children's Home Society moved to its present location in Redford Township in 1929. The agency now provides advocacy for children and families, treatment programs through foster care and Children's Village, and prevention services including adoption, pregnancy counseling, and mentoring/tutoring; and

Whereas, In 1995 and 1996, Methodist Children's Home Society entered into a building and construction program in order to erect seven new residential cottages. These single-story structures offer space for 10 residents in individual bedrooms. They have made it possible for the agency to provide the highest quality care available to children for generations to come; and

Whereas, The Methodist Children's Home Society serves infants, children through the age of 18, and families, without regard to race or religion. During 2001, its staff and volunteers placed 22 children in adoptive homes. They also provided treatment for 87 children in residential care, 118 in foster care, 7 in pregnancy counseling, and 23 in mentoring/tutoring. For eighty-five years Methodist Children's Home Society has been the place where the future begins for children with special needs; now, therefore be it

Resolved by the House of Representatives, That the members of this legislative body commemorate the 85th anniversary of the Methodist Children's Home Society of Detroit; and be it further

Resolved, That a copy of this resolution be transmitted to Executive Director John R. Schmidt 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.

Rep. Waters offered the following resolution:

House Resolution No. 328.

A resolution saluting Dr. Joe Lee, President of Alabama State University.

Whereas, Joe A. Lee was appointed as the 11th President of Alabama State University in August of 2001. Dr. Lee received his BA degree in Biology from Talladega College, Certification in Educational Management from Harvard University, and his masters and Ph.D. degrees in Educational Administration from Miami University in Oxford, Ohio; and

Whereas, He returned to his former high school, Southern Normal, to teach biology, chemistry, and physics. In 1971, he went to Talladega College to work in the areas of fundraising and public relations. Over the years, he has served in numerous capacities, including Director of Development, Dean of Students, Vice President of Student Affairs, Vice President of Academic Affairs, and, in 1994, he was named Vice President of Academic Affairs and Provost at Talladega College; and

Whereas, Dr. Lee is committed to educating the youth in his community. Lee's position as a former President of the United Negro College Fund's National Alumni Council further demonstrated his dedication to educating youth. Dr. Lee was named "Educator of the Year" by the Sylacauga/Talladega Chapter of Kappa Alpha Psi Fraternity, Inc. because of his efforts to improve educational opportunities for all students; and

Whereas, Dr. Joe Lee is a pioneer in the field of education, but he made time to fall in love and marry Margie Ludgood. Together they have one son, Joseph Martinique; and

Whereas, Dr. Lee has received numerous citations and awards: The Order of Merit for Individual Excellence Award from the College Fund/UNCF, Presidential Citation from the National Association for Equal Opportunity in Higher Education, and the First Ellease R. Colston Award from the Council of National Alumni Associations; and

Whereas, On a national level, Dr. Lee has served on the Lyston Faddis Stallworth Foundation, National Association of Intercollegiate Athletics' Council of Presidents, and the NAFEO/Met Life Advisory Committee. He continues to serve as Secretary of the National Advisory Board of the Family and Community Violence Prevention Program--National Institute of Minority Health; and

Whereas, Recognized by the Jackson, Mississippi metropolitan area education and civic communities for his concern for improving social and economic conditions, Dr. Lee was appointed to the Community Advisory Board of First American Bank, St. Dominic Hospital, and the University Club's Corporate Board; now, therefore, be it

Resolved by the House of Representatives, That the members of this legislative body salute Dr. Joe Lee, President of Alabama State University; and be it further

Resolved, That a copy of this resolution be transmitted to Dr. Joe Lee 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.

Reports of Standing Committees

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

Senate Bill No. 796, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending sections 1902, 1903, and 1904 (MCL 324.1902, 324.1903, and 324.1904), section 1902 as amended by 1996 PA 134 and sections 1903 and 1904 as added by 1995 PA 60, and by adding section 1907a.

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

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

Favorable Roll Call

SB 796 To Report Out:

Yeas: Reps. DeVuyst, Tabor, Bradstreet, Drolet, Kowall, Rocca,

Nays: None.

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

Senate Bill No. 798, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending section 74119 (MCL 324.74119), as added by 1995 PA 58.

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

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

Favorable Roll Call

SB 798 To Report Out:

Yeas: Reps. DeVuyst, Tabor, Bradstreet, Drolet, Kowall, Rocca,

Nays: None.

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

Senate Bill No. 799, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending section 43902 (MCL 324.43902), as amended by 2000 PA 69.

With the recommendation that the substitute (H-1) be adopted and that the bill then pass.

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

Favorable Roll Call

SB 799 To Report Out:

Yeas: Reps. DeVuyst, Tabor, Bradstreet, Drolet, Kowall, Rocca,

Nays: None.

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

Senate Bill No. 800, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending section 43704 (MCL 324.43704), as amended by 2001 PA 50.

With the recommendation that the substitute (H-1) be adopted and that the bill then pass.

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

Favorable Roll Call

SB 800 To Report Out:

Yeas: Reps. DeVuyst, Tabor, Bradstreet, Drolet, Kowall, Rocca,

Nays: None.

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

Senate Bill No. 801, entitled

A bill to amend 1984 PA 22, entitled "Michigan civilian conservation corps act," by amending section 12a (MCL 409.312a), as added by 1994 PA 394.

With the recommendation that the substitute (H-1) be adopted and that the bill then pass.

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

Favorable Roll Call

SB 801 To Report Out:

Yeas: Reps. DeVuyst, Tabor, Bradstreet, Drolet, Kowall, Rocca,

Nays: None.

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

Senate Joint Resolution T, entitled

A joint resolution proposing an amendment to the state constitution of 1963, by amending sections 19 and 35, section 36 related to the Michigan state parks endowment fund, and section 37 of article IX, to eliminate certain investment restrictions for certain state funds, to increase the accumulated principal limitation of the Michigan natural resources trust fund, to modify provisions of the Michigan natural resources trust fund and the state parks endowment fund related to their allowable expenditures and the investment of their assets, to provide for the investment of the assets of the Michigan veterans' trust fund, and to renumber certain sections.

With the recommendation that the substitute (H-2) be adopted and that the joint resolution then be adopted.

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

Favorable Roll Call

SJR T To Report Out:

Yeas: Reps. DeVuyst, Tabor, Bradstreet, Drolet, Kowall, Rocca,

Nays: Rep. Garza.

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Thursday, February 14, 2002, at 10:30 a.m.,

Present: Reps. DeVuyst, Tabor, Bradstreet, Drolet, Kowall, Rocca, Callahan, Basham, Garza, Sheltrown,

Absent: Rep. Voorhees,

Excused: Rep. Voorhees.

COMMITTEE ATTENDANCE REPORT

The following report, submitted by Rep. Patterson, Chair of the Committee on Redistricting and Elections, was received and read:

Meeting held on: Thursday, February 14, 2002, at 10:30 a.m.,

Present: Reps. Patterson, Richner, Allen, Bishop, Cassis, Jamnick, Lemmons,

Absent: Reps. Hart, Quarles,

Excused: Reps. Hart, Quarles.

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, February 14:

House Bill Nos. 5636 5637

The Clerk announced the enrollment printing and presentation to the Governor on Thursday, February 14, for his approval of the following bills:

Enrolled House Bill No. 4195 at 1:16 p.m.

Enrolled House Bill No. 5009 at 1:18 p.m.

Enrolled House Bill No. 5436 at 1:20 p.m.

The Clerk announced that the following Senate bills had been received on Thursday, February 14:

Senate Bill Nos. 397 884 885 886 888 890 894 895 896 898 899 900 901 902

903 904 905 906 907 908 909 910 911 913 914 915 916 918

920 1019 1020 1025 1026 1027 1029 1032 1034 1035 1037 1038 1039 1040

1041 1042 1043 1044 1045 1046 1047 1048 1049 1050 1052 1053 1054 1055

1056 1057

By unanimous consent the House returned to the order of

Messages from the Senate

House Bill No. 5022, entitled

A bill to amend 1846 RS 65, entitled "Of alienation by deed, and the proof and recording of conveyances, and the canceling of mortgages," by amending sections 8 and 47 (MCL 565.8 and 565.47), section 8 as amended by 1980 PA 488.

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. 5023, entitled

A bill to amend 1937 PA 103, entitled "An act to prescribe certain conditions relative to the execution of instruments entitled to be recorded in the office of the register of deeds," by amending section 1 (MCL 565.201), as amended by 1996 PA 459.

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. 5024, 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 1 (MCL 565.351), as amended by 1991 PA 140.

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. 5025, entitled

A bill to amend 1967 PA 288, entitled "Land division act," by amending section 144 (MCL 560.144).

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. 5186, entitled

A bill to amend 1953 PA 181, entitled "An act relative to investigations in certain instances of the causes of death within this state due to violence, negligence or other act or omission of a criminal nature or to protect public health; to provide for the taking of statements from injured persons under certain circumstances; to abolish the office of coroner and to create the office of county medical examiner in certain counties; to prescribe the powers and duties of county medical examiners; to prescribe penalties for violations of the provisions of this act; and to prescribe a referendum thereon," by amending section 1 (MCL 52.201); and to repeal acts and parts of acts.

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. 4325, entitled

A bill to amend 1931 PA 328, entitled "The Michigan penal code," by amending section 451 (MCL 750.451).

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

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

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

House Bill No. 5033, 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 2000 PA 279.

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

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

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

House Bill No. 5389, entitled

A bill to amend 1927 PA 175, entitled "The code of criminal procedure," by amending section 17 of chapter XVII (MCL 777.17), as amended by 2001 PA 136, and by adding sections 17b, 17c, 17d, 17f, and 17g to chapter XVII.

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

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

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

House Bill No. 5390, entitled

A bill to amend 1927 PA 175, entitled "The code of criminal procedure," by amending section 14 of chapter XVII (MCL 777.14), as amended by 2000 PA 363, and by adding sections 14a, 14b, 14c, 14d, 14f, 14g, 14h, 14j, 14m, and 14p to chapter XVII.

The Senate has amended the bill as follows:

1. Amend page 15, following line 20, by striking out all of enacting section 1 and inserting:

"Enacting section 1. This amendatory act takes effect April 1, 2002.".

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

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

House Bill No. 5391, entitled

A bill to amend 1927 PA 175, entitled "The code of criminal procedure," by amending section 13 of chapter XVII (MCL 777.13), as amended by 2001 PA 156, and by adding sections 13b, 13c, 13d, 13e, 13f, 13g, 13j, 13k, 13m, 13n, and 13p.

The Senate has amended the bill as follows:

1. Amend page 23, line 15, by striking out "February" and inserting "April".

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

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

House Bill No. 5392, entitled

A bill to amend 1927 PA 175, entitled "The code of criminal procedure," by amending section 11 of chapter XVII (MCL 777.11), as amended by 2001 PA 154, and by adding sections 11a, 11b, 11c, 11d, and 11e to chapter XVII.

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

The Senate has passed the bill as substituted (S-1), ordered that it be given immediate effect and amended the title to read as follows:

A bill to amend 1927 PA 175, entitled "An act to revise, consolidate, and codify the laws relating to criminal procedure and to define the jurisdiction, powers, and duties of courts, judges, and other officers of the court under the provisions of this act; to provide laws relative to the rights of persons accused of criminal offenses and ordinance violations; to provide for the arrest of persons charged with or suspected of criminal offenses and ordinance violations; to provide for bail of persons arrested for or accused of criminal offenses and ordinance violations; to provide for the examination of persons accused of criminal offenses; to regulate the procedure relative to grand juries, indictments, informations, and proceedings before trial; to provide for trials of persons complained of or indicted for criminal offenses and ordinance violations and to provide for the procedure in those trials; to provide for judgments and sentences of persons convicted of criminal offenses and ordinance violations; to establish a sentencing commission and to prescribe its powers and duties; to provide for procedure relating to new trials and appeals in criminal and ordinance violation cases; to provide a uniform system of probation throughout this state and the appointment of probation officers; to prescribe the powers, duties, and compensation of probation officers; to provide penalties for the violation of the duties of probation officers; to provide for procedure governing proceedings to prevent crime and proceedings for the discovery of crime; to provide for fees of officers, witnesses, and others in criminal and ordinance violation cases; to set forth miscellaneous provisions as to criminal procedure in certain cases; to provide penalties for the violation of certain provisions of this act; and to repeal all acts and parts of acts inconsistent with or contravening any of the provisions of this act," by amending sections 31 of chapter IX and section 11 of chapter XVII (MCL 769.31 and 777.11), section 31 of chapter IX as amended by 1998 PA 317, and section 11 of chapter XVII as amended by 2001 PA 154, and by adding sections 11a, 11b, 11c, 11d, and 11e to chapter XVII; 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. 5449, entitled

A bill to amend 1931 PA 328, entitled "The Michigan penal code," by amending sections 145b, 448, 449, 450, and 462 (MCL 750.145b, 750.448, 750.449, 750.450, and 750.462).

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

The Senate has passed the bill as substituted (S-1), ordered that it be given immediate effect and amended the title to read as follows:

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," by amending sections 145a, 145b, and 448 (MCL 750.145a, 750.145b, and 750.448).

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

Senate Bill No. 397, entitled

A bill to designate an official fossil of this state.