hj05152t.045

No. 45

STATE OF MICHIGAN

JOURNAL

OF THE

House of Representatives

91st Legislature

REGULAR SESSION OF 2002

House Chamber, Lansing, Wednesday, May 15, 2002.

2:00 p.m.

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

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

Adamini--present

Allen--present

Anderson--present

Basham--present

Bernero--present

Birkholz--present

Bisbee--present

Bishop--present

Bogardus--excused

Bovin--present

Bradstreet--present

Brown, Bob--present

Brown, Cameron--present

Brown, Rich--present

Callahan--present

Cassis--present

Caul--present

Clark--present

Clarke--present

Daniels--present

Dennis--present

DeRossett--present

DeVuyst--present

DeWeese--present

Drolet--present

Ehardt--present

Faunce--present

Frank--present

Garza--present

George--present

Gieleghem--present

Gilbert--present

Godchaux--present

Gosselin--present

Hager--present

Hale--present

Hansen--present

Hardman--present

Hart--present

Howell--present

Hummel--present

Jacobs--present

Jamnick--present

Jansen--present

Jelinek--present

Johnson, Rick--present

Johnson, Ruth--present

Julian--present

Koetje--present

Kolb--present

Kooiman--present

Kowall--present

Kuipers--present

LaSata--present

Lemmons--present

Lipsey--present

Lockwood--present

Mans--present

McConico--present

Mead--present

Meyer--present

Middaugh--present

Minore--present

Mortimer--present

Murphy--present

Neumann--present

Newell--present

O'Neil--present

Palmer--present

Pappageorge--present

Patterson--present

Pestka--present

Phillips--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--present

Stamas--present

Stewart--present

Switalski--present

Tabor--present

Thomas--present

Toy--present

Van Woerkom--present

Vander Roest--present

Vander Veen--present

Vear--present

Voorhees--present

Waters--present

Whitmer--present

Williams--present

Wojno--present

Woodward--present

Woronchak--present

Zelenko--present

e/d/s = entered during session

Reverend William R. Blount, Pastor of Fellowship Baptist Church in East China Township, offered the following invocation:

"Almighty God, we respond to Thee in many different ways. Some deny Thee altogether. Others acknowledge Thee but ignore Thee. Some take Thee seriously. Others tip the hat to Thee occasionally. Some worship and adore Thee. Others couldn't care less. Some love Thee. Others fear Thee. Some know Thee. Others feel Thou art beyond knowing. Some see Thee as a living reality, others as an impersonal force. But whatever our attitude, Father in Heaven, rarely do we think of Thee as practical or relevant to our personal or corporate problems. Help us understand that Thou art a God who cares, who longs for us. Help us see that Thou art the source of all wisdom and power, that Thou art an infinite resource available to meet our needs. Forgive our indifference and grant us grace to call upon Thee however great or small our problems. Help us see in the Cross the measure of Your love, Your nearness, Your availability. And God, help us to see the distinction between religion, man's search for God, and biblical faith, God seeking man. Save us from creating our own gods and diminishing our true humanness, which Was created in the image of God. Save us from trying to be our own gods, believing only in ourselves, and suffering the frustration that self-worship generates. Lead us to Thee. Bring us back to fundamentals when we flaunt and float and fantasize in the illusion of importance. Remind us we are servants, desperately dependent on loved ones, on each other, on our staffs, and especially on Thee, dear God. In the Name of Jesus, the Servant of servants, we pray. Amen."

______

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

The motion prevailed.

Second Reading of Bills

House Bill No. 5360, entitled

A bill to amend 1949 PA 300, entitled "Michigan vehicle code," by amending section 251 (MCL 257.251), as amended by 2000 PA 397.

The bill was read a second time.

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

The motion prevailed.

House Bill No. 5371, entitled

A bill to amend 1973 PA 116, entitled "An act to provide for the protection of children through the licensing and regulation of child care organizations; to provide for the establishment of standards of care for child care organizations; to prescribe powers and duties of certain departments of this state and adoption facilitators; to provide penalties; and to repeal acts and parts of acts," (MCL 722.111 to 722.128) by adding section 11b.

Was read a second time, and the question being on the adoption of the proposed amendments previously recommended by the Committee on Family and Children Services (for amendments, see House Journal No. 39, p. 1323),

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

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

The motion prevailed.

House Bill No. 5372, entitled

A bill to amend 1975 PA 238, entitled "Child protection law," by amending sections 2, 3, 7, and 8a (MCL 722.622, 722.623, 722.627, and 722.628a), sections 2 and 7 as amended by 2000 PA 45, section 3 as amended by 1994 PA 177, and section 8a as added by 1992 PA 39.

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

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

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

The motion prevailed.

Senate Bill No. 1056, entitled

A bill to repeal 1955 PA 191, entitled "An act authorizing the state highway commissioner of Michigan to enter into negotiations with the Wisconsin state highway commissioner in the preparation of plans, specifications and designs of an interstate bridge extending from First street in Menominee across the Menominee river to Ogden street in Marinette, Wisconsin, and to provide for the cost and expense of such plans, specifications and designs," (MCL 254.131).

The bill was read a second time.

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

The motion prevailed.

Senate Bill No. 1106, entitled

A bill to make appropriations for the department of natural resources for the fiscal year ending September 30, 2003; to provide for the expenditure of those appropriations; to create funds and accounts; to require reports; to prescribe certain powers and duties of certain state agencies and officials; to authorize certain transfers by certain state agencies; and to provide for the disposition of fees and other income received by the various state agencies.

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

The substitute (H-1)* was not adopted, a majority of the members serving not voting therefor.

Rep. Mead moved to substitute (H-2) the bill.

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

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

The motion prevailed.

Rep. Middaugh moved that the bill be placed on its immediate passage.

The motion prevailed, a majority of the members serving voting therefor.

______

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

The motion prevailed.

By unanimous consent the House returned to the order of

Third Reading of Bills

Senate Bill No. 1106, entitled

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

Roll Call No. 720 Yeas--103

Adamini Garza Lipsey Schauer

Allen George Lockwood Schermesser

Anderson Gieleghem Mans Scranton

Basham Gilbert McConico Shackleton

Bernero Godchaux Mead Sheltrown

Birkholz Hager Meyer Shulman

Bisbee Hale Middaugh Spade

Bishop 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 Palmer Van Woerkom

Cassis Jansen Pappageorge Vander Roest

Caul Jelinek Patterson Vander Veen

Clark, I. Johnson, Rick Pestka Vear

Clarke, H. Johnson, Ruth Phillips Voorhees

Daniels Julian Pumford Waters

Dennis Koetje Quarles Whitmer

DeRossett Kolb Raczkowski Williams

DeVuyst Kooiman Reeves Wojno

DeWeese Kowall Richardville Woodward

Ehardt Kuipers Richner Woronchak

Faunce LaSata Rison Zelenko

Frank Lemmons Rocca

Nays--3

Drolet Gosselin Rivet

In The Chair: Birkholz

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

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

A bill to make appropriations for the department of natural resources for the fiscal years ending September 30, 2002 and September 30, 2003; to provide for the expenditure of those appropriations; to create funds and accounts; to require reports; to prescribe certain powers and duties of certain state agencies and officials; to authorize certain transfers by certain state agencies; and to provide for the disposition of fees and other income received by the various state agencies.

The motion prevailed.

The House agreed to the title as amended.

______

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

The motion prevailed.

By unanimous consent the House returned to the order of

Messages from the Senate

The Speaker laid before the House

House Bill No. 5649, entitled

A bill to make, supplement, and adjust appropriations for the department of military and veterans affairs for the fiscal years ending September 30, 2002 and September 30, 2003; to provide for the expenditure of the appropriations; to provide for certain powers and duties of the department of military and veterans affairs, other state agencies, and local units of government related to the appropriations; and to provide for the preparation of certain reports related to the appropriations.

(The bill was received from the Senate on May 9, with substitute (S-1), title amendment and immediate effect given by the Senate, consideration of which, under the rules, was postponed until May 14, see House Journal No. 43, p. 1475.)

The question being on concurring in the substitute (S-1) made to the bill by the Senate,

The substitute (S-1) was not concurred in, a majority of the members serving not voting therefor, by yeas and nays, as follows:

Roll Call No. 721 Yeas--0

Nays--105

Adamini George Mans Schauer

Allen Gieleghem McConico Schermesser

Anderson Gilbert Mead Scranton

Basham Godchaux Meyer Shackleton

Bernero Gosselin Middaugh Sheltrown

Birkholz Hager Minore Shulman

Bisbee Hale Mortimer Spade

Bishop Hansen Murphy Stallworth

Bovin Hardman Neumann Stamas

Bradstreet Hart Newell Stewart

Brown, B. Howell O'Neil Switalski

Brown, C. Hummel Palmer Tabor

Brown, R. Jacobs Pappageorge Thomas

Callahan Jamnick Patterson Toy

Cassis Jansen Pestka Van Woerkom

Caul Jelinek Phillips Vander Roest

Clark, I. Johnson, Rick Plakas Vander Veen

Clarke, H. Johnson, Ruth Pumford Vear

Daniels Julian Quarles Voorhees

Dennis Koetje Raczkowski Waters

DeRossett Kolb Reeves Whitmer

DeVuyst Kooiman Richardville Williams

DeWeese Kowall Richner Wojno

Drolet LaSata Rison Woodward

Faunce Lipsey Rivet Woronchak

Frank Lockwood Rocca Zelenko

Garza

In The Chair: Birkholz

The Speaker laid before the House

House Bill No. 5648, entitled

A bill to make appropriations for the judicial branch for the fiscal year ending September 30, 2003; to provide for the expenditure of these appropriations; to place certain restrictions on the expenditure of these appropriations; to prescribe the powers and duties of certain officials and employees; to require certain reports; and to provide for the disposition of fees and other income received by the judicial branch.

(The bill was received from the Senate on May 9, with substitute (S-1) and immediate effect given by the Senate, consideration of which, under the rules, was postponed until May14, see House Journal No. 43, p. 1475.)

The question being on concurring in the substitute (S-1) made to the bill by the Senate,

The substitute (S-1) was not concurred in, a majority of the members serving not voting therefor, by yeas and nays, as follows:

Roll Call No. 722 Yeas--0

Nays--105

Adamini Garza Lockwood Schauer

Allen George Mans Schermesser

Anderson Gieleghem McConico Scranton

Basham Gilbert Mead Shackleton

Bernero Godchaux Meyer Sheltrown

Birkholz Gosselin Middaugh Shulman

Bisbee Hager Minore Spade

Bishop Hale Mortimer Stallworth

Bovin Hansen Murphy Stamas

Bradstreet Hardman Neumann Stewart

Brown, B. Hart Newell Switalski

Brown, C. Howell O'Neil Tabor

Brown, R. Hummel Palmer Thomas

Callahan Jamnick Pappageorge Toy

Cassis Jansen Patterson Van Woerkom

Caul Jelinek Pestka Vander Roest

Clark, I. Johnson, Rick Phillips Vander Veen

Clarke, H. Johnson, Ruth Plakas Vear

Daniels Julian Pumford Voorhees

Dennis Koetje Raczkowski Waters

DeRossett Kolb Reeves Whitmer

DeVuyst Kooiman Richardville Williams

DeWeese Kowall Richner Wojno

Drolet Kuipers Rison Woodward

Ehardt LaSata Rivet Woronchak

Faunce Lipsey Rocca Zelenko

Frank

In The Chair: Birkholz

The Speaker laid before the House

House Bill No. 5661, entitled

A bill to amend 1897 PA 153, entitled "An act to provide for the payment of expenses in matters in which the state is a party or interested," by amending section 1 (MCL 14.111); and to repeal acts and parts of acts.

(The bill was received from the Senate on May 9, with an amendment and immediate effect given by the Senate, consideration of which, under the rules, was postponed until May 14, see House Journal No. 43, p. 1475.)

The question being on concurring in the amendment made to the bill by the Senate,

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

Roll Call No. 723 Yeas--106

Adamini Garza Lipsey Rocca

Allen George Lockwood Schauer

Anderson Gieleghem Mans Schermesser

Basham Gilbert McConico Scranton

Bernero Godchaux Mead Shackleton

Birkholz Gosselin Meyer Shulman

Bisbee Hager Middaugh Spade

Bishop Hale Minore Stallworth

Bovin Hansen Mortimer Stamas

Bradstreet Hardman Murphy Stewart

Brown, B. Hart Neumann Switalski

Brown, C. Howell Newell Tabor

Brown, R. Hummel O'Neil Thomas

Callahan Jacobs Palmer 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 Voorhees

Dennis Julian Pumford Waters

DeRossett Koetje Quarles Whitmer

DeVuyst Kolb Raczkowski Williams

DeWeese Kooiman Reeves Wojno

Drolet Kowall Richardville Woodward

Ehardt Kuipers Richner Woronchak

Faunce LaSata Rivet Zelenko

Frank Lemmons

Nays--0

In The Chair: Birkholz

The bill was referred to the Clerk for enrollment printing and presentation to the Governor.

Second Reading of Bills

Senate Bill No. 1102, entitled

A bill to make appropriations for the department of corrections and certain state purposes related to corrections for the fiscal year ending September 30, 2003; to provide for the expenditure of the appropriations; to provide for reports; to provide for the creation of certain advisory committees and boards; to prescribe certain powers and duties of the department of corrections, certain other state officers and agencies, and certain advisory committees and boards; to provide for the collection of certain funds; and to provide for the disposition of fees and other income received by certain state agencies.

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

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

Rep. Clarke moved to amend the bill as follows:

1. Amend page 34, line 5, by striking out all of subsection (4) and inserting:

"(4) Except as provided in subsection (5), state reimbursement under this section for prisoner housing and custody expenses per diverted offender for the first 90 days of the offender's incarceration shall be $47.00 per diem for a county with a population of more than 100,000 and $42.00 per diem for a county with a population of 100,000 or less. After the diverted offender has been incarcerated 90 days, state reimbursement shall be $40.00 per diem for the remainder of the incarceration up to 1 year total.

(5) For the first 90 days for diverted offenders housed in beds developed under multicounty projects approved and funded under section 807 of 1998 PA 321, state reimbursement shall be $47.00 per diem. After the diverted offender has been incarcerated 90 days, state reimbursement shall be $40.00 per diem for the remainder of the incarceration up to 1 year total." and renumbering the remaining subsections.

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

Rep. Clarke moved to reconsider the vote by which the House did not adopt the amendment.

The motion did not prevail, a majority of the members present not voting therefor.

Rep. Reeves moved to amend the bill as follows:

1. Amend page 25, following line 2, by inserting:

"Sec. 406. By February 1, 2003, the department shall report to the senate and house appropriations subcommittees on corrections, the senate and house fiscal agencies, and the state budget director on all of the following, based on the prisoner population as of August 31, 2002:

(a) The number of prisoners serving parolable life sentences who have served the requisite number of years under section 34, 1953 PA 232, MCL 791.234, to be eligible for parole consideration, and, of these, the number for whom the parole board has requested jurisdiction and the number over whom the parole board has received jurisdiction.

(b) The number of prisoners who have completed the minimum term of an indeterminate sentence whose first parole board action was a denial of parole.

(c) The number of prisoners who have received their first positive parole action and who are in prison past their earliest release date.

(d) The number of prisoners who have been released on parole and have been returned to prison following parole revocation for a technical violation of parole, and information on the amount of time served by the prisoners since their return to prison, plus information on the average amount of time served by technical violators of parole after their return to prison following technical violation of parole.".

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

Rep. LaSata moved to amend the bill as follows:

1. Amend page 25, line 11, after "Sec. 601." by striking out the balance of the line through "(2)" on line 15.

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

Rep. Kolb moved to amend the bill as follows:

1. Amend page 41, following line 11, by inserting:

"Sec. 1009. From the funds appropriated in part 1, the department shall maintain staffing at Huron Valley Men's Correction Facility sufficient to maintain at least 1 guard in each tower for a 24-hour period, 7 days a week.".

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

______

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

Rep. Reeves moved to reconsider the vote by which the House did not adopt the amendment offered previously by Rep. Reeves.

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

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

Rep. Reeves demanded the yeas and nays.

The demand was supported.

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

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

Roll Call No. 724 Yeas--43

Adamini Garza Mans Schauer

Anderson Gieleghem McConico Schermesser

Basham Hale Minore Spade

Bernero Hansen Murphy Thomas

Bovin Hardman O'Neil Waters

Brown, B. Jacobs Phillips Whitmer

Brown, R. Jamnick Plakas Williams

Clark, I. Kolb Quarles Wojno

Clarke, H. Lemmons Reeves Woodward

Daniels Lipsey Rison Zelenko

Dennis Lockwood Rivet

Nays--62

Allen Gilbert LaSata Scranton

Birkholz Godchaux Mead Shackleton

Bisbee Gosselin Meyer Sheltrown

Bishop Hager Middaugh Shulman

Bradstreet Hart Mortimer Stamas

Brown, C. Howell Neumann Stewart

Callahan Hummel Newell Switalski

Cassis Jansen Palmer Tabor

Caul Jelinek Pappageorge Toy

DeRossett Johnson, Rick Patterson Van Woerkom

DeVuyst Johnson, Ruth Pumford Vander Roest

DeWeese Julian Raczkowski Vander Veen

Drolet Koetje Richardville Vear

Ehardt Kooiman Richner Voorhees

Faunce Kowall Rocca Woronchak

George Kuipers

In The Chair: Julian

______

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

The motion prevailed.

Rep. Adamini moved to amend the bill as follows:

1. Amend page 20, following line 12, by inserting:

"Sec. 223. The department shall report by April 1, 2003, to the senate and house appropriations subcommittee on corrections, the senate and house fiscal agencies, and the state budget director on the amount of milk and milk products produced and distributed and the amount of raw milk purchased, by source, month, and location during the preceding fiscal year.".

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

Rep. Adamini demanded the yeas and nays.

The demand was supported.

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

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

Roll Call No. 725 Yeas--49

Adamini Gieleghem Minore Schermesser

Anderson Hale Murphy Sheltrown

Basham Hansen Neumann Spade

Bernero Hardman O'Neil Stallworth

Bovin Jacobs Pestka Switalski

Brown, B. Jamnick Phillips Thomas

Brown, R. Kolb Plakas Waters

Clark, I. Lemmons Quarles Whitmer

Clarke, H. Lipsey Reeves Williams

Daniels Lockwood Rison Wojno

Dennis Mans Rivet Woodward

Frank McConico Schauer Zelenko

Garza

Nays--57

Allen Godchaux Kuipers Rocca

Birkholz Gosselin LaSata Scranton

Bisbee Hager Mead Shackleton

Bishop Hart Meyer Shulman

Bradstreet Howell Middaugh Stamas

Brown, C. Hummel Mortimer Stewart

Cassis Jansen Newell Tabor

Caul Jelinek Palmer Toy

DeRossett Johnson, Rick Pappageorge Van Woerkom

DeVuyst Johnson, Ruth Patterson Vander Roest

DeWeese Julian Pumford Vander Veen

Drolet Koetje Raczkowski Vear

Faunce Kooiman Richardville Voorhees

George Kowall Richner Woronchak

Gilbert

In The Chair: Julian

Rep. Clarke moved to amend the bill as follows:

1. Amend page 34, line 5, by striking out all of subsection (4) and inserting:

"(4) Except as provided in subsection (5), state reimbursement under this section for prisoner housing and custody expenses per diverted offender for in the first 91 days of the offender's incarceration shall be $47.00 per diem for a county with a population of more than 100,000 and $42.00 per diem for a county with a population of 100,000 or less. After the diverted offender has been incarcerated 91 days, state reimbursement shall be $40.00 per diem for the remainder of the incarceration up to 1 year total.

(5) For the first 91 days for diverted offenders housed in beds developed under multicounty projects approved and funded under section 807 of 1998 PA 321, state reimbursement shall be $47.00 per diem. After the diverted offender has been incarcerated 91 days, state reimbursement shall be $40.00 per diem for the remainder of the incarceration up to 1 year total." and renumbering the remaining subsections.

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

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

The motion prevailed.

Rep. Middaugh moved that the bill be placed on its immediate passage.

The motion prevailed, a majority of the members serving voting therefor.

By unanimous consent the House returned to the order of

Third Reading of Bills

Senate Bill No. 1102, entitled

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

Roll Call No. 726 Yeas--106

Adamini George Lockwood Schauer

Allen Gieleghem Mans Schermesser

Anderson Gilbert McConico Scranton

Basham Godchaux Mead Shackleton

Bernero Gosselin Meyer Sheltrown

Birkholz Hager Middaugh Shulman

Bisbee Hale Minore Spade

Bishop Hansen Mortimer Stallworth

Bovin Hardman Murphy Stamas

Bradstreet Hart Neumann Stewart

Brown, B. Howell Newell Switalski

Brown, C. Hummel O'Neil Tabor

Brown, R. Jacobs Palmer Thomas

Callahan Jamnick Pappageorge Toy

Cassis Jansen Patterson Van Woerkom

Caul Jelinek Pestka Vander Roest

Clark, I. Johnson, Rick Phillips Vander Veen

Clarke, H. Johnson, Ruth Plakas Vear

Daniels Julian Pumford Voorhees

Dennis Koetje Quarles Waters

DeRossett Kolb Raczkowski Whitmer

DeVuyst Kooiman Reeves Williams

DeWeese Kowall Richardville Wojno

Ehardt Kuipers Richner Woodward

Faunce LaSata Rison Woronchak

Frank Lemmons Rocca Zelenko

Garza Lipsey

Nays--2

Drolet Rivet

In The Chair: Julian

The House agreed to the title of the bill.

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

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

Second Reading of Bills

Senate Bill No. 1104, entitled

A bill to make appropriations for the department of environmental quality for the fiscal year ending September 30, 2003; to provide for the expenditure of those appropriations; to create certain funds and accounts; to require certain reports; to prescribe the powers and duties of certain state agencies and officials; to authorize certain transfers by certain state agencies; and to provide for the disposition of fees and other income received by the various state agencies.

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

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

Rep. Mead moved to substitute (H-2) the bill.

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

Rep. Kolb moved to amend the bill as follows:

1. Amend page 27, line 18, after "December 1," by striking out "2003" and inserting "2002".

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

Rep. Kolb demanded the yeas and nays.

The demand was supported.

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

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

Roll Call No. 727 Yeas--50

Adamini Frank Mans Rivet

Anderson Garza McConico Schauer

Basham Gieleghem Minore Schermesser

Bernero Hale Murphy Sheltrown

Bovin Hansen Neumann Spade

Brown, B. Hardman O'Neil Switalski

Brown, R. Jacobs Pestka Thomas

Callahan Jamnick Phillips Whitmer

Clark, I. Kolb Plakas Williams

Clarke, H. Kowall Quarles Wojno

Daniels Lemmons Reeves Woodward

Dennis Lipsey Rison Zelenko

DeWeese Lockwood

Nays--52

Allen Gosselin LaSata Scranton

Birkholz Hager Mead Shackleton

Bisbee Hart Meyer Shulman

Bishop Howell Middaugh Stamas

Bradstreet Hummel Mortimer Stewart

Cassis Jansen Newell Tabor

Caul Jelinek Palmer Toy

DeRossett Johnson, Rick Pappageorge Van Woerkom

DeVuyst Johnson, Ruth Patterson Vander Roest

Drolet Julian Pumford Vander Veen

Faunce Koetje Raczkowski Vear

George Kooiman Richardville Voorhees

Gilbert Kuipers Rocca Woronchak

In The Chair: Julian

Rep. Kolb moved to amend the bill as follows:

1. Amend page 32, following line 6, by inserting:

"Sec. 401. From the funds appropriated in part 1, the department shall effectuate the following changes to the wetland protection program through administrative rule:

(a) Require that a complete mitigation plan be received and approved prior to permit issuance or as a permit condition and submitted prior to commencement of any project construction activities.

(b) Financial assurance should be required for every mitigation project prior to commencement of any project construction activities.

(c) A mitigation certification process that includes the process for release of the financial assurance should be established.

(d) Mitigation sites should not be used for primary water quality treatment purposes, such as detention, retention or sedimentation ponds.".

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

Rep. Kolb demanded the yeas and nays.

The demand was supported.

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

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

Roll Call No. 728 Yeas--44

Adamini DeWeese Lockwood Schauer

Anderson Frank Mans Schermesser

Basham Garza McConico Spade

Bernero Gieleghem Minore Stallworth

Bovin Hale Murphy Switalski

Brown, B. Hansen O'Neil Thomas

Callahan Hardman Phillips Whitmer

Clark, I. Jacobs Plakas Williams

Clarke, H. Jamnick Reeves Wojno

Daniels Kolb Rison Woodward

Dennis Lemmons Rivet Zelenko

Nays--60

Allen Godchaux LaSata Rocca

Birkholz Gosselin Mead Scranton

Bisbee Hager Meyer Shackleton

Bishop Hart Middaugh Sheltrown

Bradstreet Howell Mortimer Shulman

Brown, C. Hummel Neumann Stamas

Brown, R. Jansen Newell Stewart

Cassis Jelinek Palmer Tabor

Caul Johnson, Rick Pappageorge Toy

DeRossett Johnson, Ruth Patterson Van Woerkom

DeVuyst Julian Pestka Vander Roest

Drolet Koetje Pumford Vander Veen

Faunce Kooiman Raczkowski Vear

George Kowall Richardville Voorhees

Gilbert Kuipers Richner Woronchak

In The Chair: Julian

Rep. Rich Brown moved to amend the bill as follows:

1. Amend page 29, line 7, after "year" by striking out "2002" and inserting "2003".

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

Rep. Dennis moved to amend the bill as follows:

1. Amend page 32, following line 7, by inserting:

"Sec. 401. From the funds appropriated in part 1, the department shall, through administrative rule, add to the atlas of critical dunes, publicly owned dunes recommended in the publication "Final Report: Evaluation of Critical Dune Areas Designated Under Part 353, Sand Dune Protection and Management, of the Natural Resources and Environmental Protection Act, 1994 PA 451".".

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

Rep. Dennis demanded the yeas and nays.

The demand was supported.

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

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

Roll Call No. 729 Yeas--104

Adamini Gieleghem Lockwood Schauer

Allen Gilbert Mans Schermesser

Anderson Godchaux Mead Scranton

Basham Gosselin Meyer Shackleton

Bernero Hager Middaugh Sheltrown

Birkholz Hale Minore Shulman

Bisbee Hansen Mortimer Spade

Bishop Hardman Murphy Stallworth

Bovin Hart Neumann Stamas

Bradstreet Howell Newell Stewart

Brown, B. Hummel O'Neil Switalski

Brown, C. Jacobs Palmer Tabor

Brown, R. Jamnick Pappageorge Thomas

Callahan Jansen Patterson Toy

Cassis Jelinek Pestka Van Woerkom

Caul Johnson, Rick Phillips Vander Roest

Clark, I. Johnson, Ruth Plakas Vander Veen

Dennis Julian Pumford Vear

DeRossett Koetje Quarles Voorhees

DeVuyst Kolb Raczkowski Waters

DeWeese Kooiman Reeves Whitmer

Drolet Kowall Richardville Williams

Ehardt Kuipers Richner Wojno

Faunce LaSata Rison Woodward

Frank Lemmons Rivet Woronchak

George Lipsey Rocca Zelenko

Nays--0

In The Chair: Julian

Rep. Jacobs moved that consideration of the bill be postponed temporarily.

The motion prevailed.

Senate Bill No. 1172, entitled

A bill to amend 1945 PA 47, entitled "An act to authorize 2 or more cities, townships, and villages, or any combination of cities, townships, and villages, to incorporate a hospital authority for planning, promoting, acquiring, constructing, improving, enlarging, extending, owning, maintaining, and operating 1 or more community hospitals and related buildings or structures and related facilities; to provide for the sale, lease, or other transfer of a hospital owned by a hospital authority to a nonprofit corporation established under the laws of this state for no or nominal monetary consideration; to define hospitals and community hospitals; to provide for changes in the membership therein; to authorize the cities, townships, and villages to levy taxes for community hospital purposes; to provide for the issuance of bonds; to provide for the pledge of assessments; to provide for borrowing money for operation and maintenance and issuing notes for operation and maintenance; to validate elections heretofore held and notes heretofore issued; to validate bonds heretofore issued; to authorize condemnation proceedings; to grant certain powers of a body corporate; to validate and ratify the organization, existence, and membership of entities acting as hospital authorities under the act and the actions taken by hospital authorities and by the members of the hospital authorities; and to prescribe penalties and provide remedies," by amending sections 8 and 8a (MCL 331.8 and 331.8a), section 8a as amended by 1980 PA 104; and to repeal acts and parts of acts.

The bill was read a second time.

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

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

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

The motion prevailed.

Senate Bill No. 1173, entitled

A bill to amend 1969 PA 38, entitled "Hospital finance authority act," by amending sections 12 and 42 (MCL 331.42 and 331.72), section 12 as amended by 1994 PA 428 and section 42 as amended by 1992 PA 302; and to repeal acts and parts of acts.

The bill was read a second time.

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

The motion prevailed.

House Bill No. 5927, entitled

A bill to amend 1956 PA 218, entitled "The insurance code of 1956," by amending sections 901, 912, 916, 917a, 918, 922, 938, 942, and 943 (MCL 500.901, 500.912, 500.916, 500.917a, 500.918, 500.922, 500.938, 500.942, and 500.943), sections 901 and 943 as amended and section 917a as added by 1994 PA 226, section 922 as amended by 1991 PA 79, and section 942 as amended by 1984 PA 90, and by adding section 902.

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

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

Rep. Richner moved to amend the bill as follows:

1. Amend page 2, line 8, by striking out "$1,000,000.00" and inserting "$7,000,000.00".

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

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

The motion prevailed.

House Bill No. 5928, entitled

A bill to amend 2000 PA 92, entitled "Food law of 2000," by amending sections 1109, 1119, 3119, 4111, 4117, 6101, 6149, and 7101 (MCL 289.1109, 289.1119, 289.3119, 289.4111, 289.4117, 289.6101, 289.6149, and 289.7101); and to repeal acts and parts of acts.

The bill was read a second time.

Rep. Dennis moved to amend the bill as follows:

1. Amend page 8, following line 18, by inserting:

"(6) A VETERAN WHO HAS A WAIVER OF A LICENSE FEE UNDER THE CIRCUMSTANCES DESCRIBED IN 1921 PA 359, MCL 35.441 TO 35.443, IS EXEMPT FROM PAYING THE FEES PRESCRIBED IN THIS SECTION." and renumbering the remaining subsections.

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

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

The motion prevailed.

House Bill No. 5929, entitled

A bill to amend 2002 PA 100, entitled "Public employee retirement benefit protection act," by amending section 6 (MCL 38.1686).

The bill was read a second time.

Rep. Vander Roest moved to amend the bill as follows:

1. Amend page 1, line 10, after "STATE" by inserting "OTHER THAN A MUNICIPALITY OR COURT THAT PARTICIPATES IN THE MUNICIPAL EMPLOYEES RETIREMENT SYSTEM UNDER THE MUNICIPAL EMPLOYEES RETIREMENT ACT OF 1984, 1984 PA 427, MCL 38.1501 TO 38.1555".

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

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

The motion prevailed.

House Bill No. 5764, entitled

A bill to permit the establishment and maintenance of worker financial security accounts; to provide for certain tax credits and deductions; to prescribe the requirements of and restrictions on worker financial security accounts; and to provide penalties and remedies.

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

The substitute (H-1) was not adopted, a majority of the members serving not voting therefor.

Rep. Patterson moved to substitute (H-2) the bill.

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

Reps. Minore and Dennis moved to amend the bill as follows:

1. Amend page 6, line 19, by striking out all of section 6 and inserting:

"Sec. 6. This act shall not take effect unless all of the following bills of the 91st Legislature are enacted into law:

(a) House Bill No. 5765.

(b) House Bill No. 6057.".

The question being on the adoption of the amendment offered by Reps. Minore and Dennis,

Rep. Minore demanded the yeas and nays.

The demand was supported.

The question being on the adoption of the amendment offered by Reps. Minore and Dennis,

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

Roll Call No. 730 Yeas--46

Adamini Garza Mortimer Schauer

Anderson Gieleghem Murphy Schermesser

Basham Hale Neumann Shackleton

Bernero Hansen O'Neil Sheltrown

Bovin Hardman Pestka Spade

Brown, B. Jacobs Phillips Switalski

Brown, R. Jamnick Plakas Thomas

Callahan Lemmons Quarles Waters

Clark, I. Lipsey Reeves Williams

Daniels Lockwood Rison Woodward

Dennis Mans Rivet Zelenko

Frank Minore

Nays--47

Allen George Kowall Rocca

Birkholz Gilbert Kuipers Shulman

Bishop Gosselin LaSata Stamas

Bradstreet Hager Mead Stewart

Brown, C. Hart Middaugh Tabor

Cassis Howell Newell Toy

Caul Hummel Palmer Van Woerkom

DeRossett Jansen Pappageorge Vander Roest

DeVuyst Jelinek Patterson Vander Veen

DeWeese Johnson, Rick Pumford Vear

Drolet Johnson, Ruth Richardville Voorhees

Faunce Julian Richner

In The Chair: Julian

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

The motion prevailed.

House Bill No. 5991, entitled

A bill to amend 1962 PA 174, entitled "Uniform commercial code," by amending section 9201 (MCL 440.9201), as amended by 2002 PA 18.

The bill was read a second time.

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

The motion prevailed.

House Bill No. 5993, entitled

A bill to provide for and establish possession and ownership rights in special tools for use in the fabrication of metal parts under certain conditions; to require procedures to establish a lien; and to establish and maintain a lien on certain special tools.

The bill was read a second time.

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

The motion prevailed.

Senate Bill No. 891, entitled

A bill to repeal 1881 PA 182, entitled "An act to provide for the incorporation of pipe line companies, and to define their powers and duties," (MCL 483.201 to 483.228).

The bill was read a second time.

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

The motion prevailed.

Senate Bill No. 893, entitled

A bill to amend 1961 PA 236, entitled "Revised judicature act of 1961," by amending sections 2123, 2558, 6458, and 6461 (MCL 600.2123, 600.2558, 600.6458, and 600.6461), section 2558 as amended by 1996 PA 214.

The bill was read a second time.

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

The motion prevailed.

Senate Bill No. 917, entitled

A bill to amend 1907 PA 130, entitled "An act to provide for refunding to purchasers the price paid to the state on sale of land by the commissioner of the state land office, under section 131 of Act 206 of Public Acts of 1893, as amended by Act 141 of Public Acts of 1901, in cases where the land sold did not belong to the class of lands liable to sale thereunder; for cancelling the conveyance of such lands to the state and restoring the tax liens thereon in favor of the state, which were erroneously cancelled," by amending sections 1, 2, 3, and 4 (MCL 211.451, 211.452, 211.453, and 211.454).

The bill was read a second time.

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

The motion prevailed.

House Bill No. 5962, entitled

A bill to amend 1969 PA 296, entitled "An act to provide for the transfer of jurisdiction over highways; to provide for the final determination of disputes involving transfers of highway jurisdiction; and to supersede certain acts and parts of acts," by amending section 5 (MCL 247.855), as amended by 1980 PA 12, and by adding section 3a.

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

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

Rep. Bishop moved to substitute (H-2) the bill.

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

Rep. Palmer moved to amend the bill as follows:

1. Amend page 1, line 2, after the first "THE" by striking out "BOARD OF COUNTY ROAD COMMISSIONERS" and inserting "COUNTY BOARD OF COMMISSIONERS".

2. Amend page 1, line 6, after "THE" by striking out "BOARD OF COUNTY ROAD COMMISSIONERS" and inserting "COUNTY BOARD OF COMMISSIONERS".

3. Amend page 2, line 5, after "THE" by striking out "BOARD OF COUNTY ROAD COMMISSIONERS" and inserting "COUNTY BOARD OF COMMISSIONERS".

4. Amend page 2, line 11, after the second "THE" by striking out "BOARD OF COUNTY ROAD COMMISSIONERS" and inserting "COUNTY BOARD OF COMMISSIONERS".

5. Amend page 2, line 19, after the second "THE" by striking out "BOARD OF COUNTY ROAD COMMISSIONERS" and inserting "COUNTY BOARD OF COMMISSIONERS".

The motion prevailed and the amendments were 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.

Senate Bill No. 859, entitled

A bill to amend 1967 (Ex Sess) PA 7, entitled "Urban cooperation act of 1967," by amending section 7 (MCL 124.507), as amended by 1985 PA 10.

The bill was read a second time.

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

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

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

The motion prevailed.

Senate Bill No. 987, entitled

A bill to amend 1957 PA 4, entitled "Charter water authority act," by amending sections 15 and 16 (MCL 121.15 and 121.16); and to repeal acts and parts of acts.

The bill was read a second time.

Rep. Cassis moved to amend the bill as follows:

1. Amend page 3, line 11, after "~~review.~~" by striking out the balance of the line through "year." on line 14.

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

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

The motion prevailed.

House Bill No. 6043, entitled

A bill to amend 1975 PA 197, entitled "An act to provide for the establishment of a downtown development authority; to prescribe its powers and duties; to correct and prevent deterioration in business districts; to encourage historic preservation; to authorize the acquisition and disposal of interests in real and personal property; to authorize the creation and implementation of development plans in the districts; to promote the economic growth of the districts; to create a board; to prescribe its powers and duties; to authorize the levy and collection of taxes; to authorize the issuance of bonds and other evidences of indebtedness; to authorize the use of tax increment financing; to reimburse downtown development authorities for certain losses of tax increment revenues; and to prescribe the powers and duties of certain state officials," (MCL 125.1651 to 125.1681) by adding sections 3d and 3e.

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

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

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

The motion prevailed.

The House returned to the consideration of

Senate Bill No. 1104, entitled

(The bill was considered earlier today, see today's Journal, p. 1535.)

Rep. Kolb moved to amend the bill as follows:

1. Amend page 33, line 16, after "product" by striking out the balance of the section and inserting a period and "The analysis shall include specific recommendations on how Michigan can improve its environmental performance in these and other areas to be competitive with the other great lakes states.".

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

Reps. Richner and Palmer moved to amend the bill as follows:

1. Amend page 16, following line 18, by inserting:

"Grants to counties--water quality monitoring 2,500,100".

2. Amend page 17, following line 13, by inserting:

"Cleanup and redevelopment fund 2,500,100"

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

3. Amend page 40, following line 19, by inserting:

"Sec. 1205. The money appropriated in section 115 for grants to counties--water quality monitoring shall be used to establish and operate a comprehensive monitoring program to protect and manage the environmental quality of the St. Clair River, Lake St. Clair, and the Clinton River watershed.".

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

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

The motion prevailed.

Rep. Middaugh moved that the bill be placed on its immediate passage.

The motion prevailed, a majority of the members serving voting therefor.

______

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

The motion prevailed.

Rep. Rich Brown moved that Rep. Whitmer be excused temporarily from today's session.

The motion prevailed.

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

The motion prevailed.

By unanimous consent the House returned to the order of

Third Reading of Bills

Senate Bill No. 1104, entitled

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

Roll Call No. 731 Yeas--103

Adamini Garza Lemmons Rocca

Allen George Lipsey Schauer

Anderson Gieleghem Lockwood Scranton

Basham Gilbert Mans Shackleton

Bernero Godchaux McConico Sheltrown

Birkholz Gosselin Mead Shulman

Bisbee Hager Meyer Spade

Bishop Hale Middaugh Stallworth

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 Palmer Van Woerkom

Caul Jansen Pappageorge Vander Roest

Clark, I. Jelinek Patterson Vander Veen

Daniels Johnson, Rick Pestka Vear

Dennis Johnson, Ruth Phillips Voorhees

DeRossett Julian Pumford Waters

DeVuyst Koetje Quarles Williams

DeWeese Kolb Raczkowski Wojno

Drolet Kooiman Reeves Woodward

Ehardt Kowall Richardville Woronchak

Faunce Kuipers Richner Zelenko

Frank LaSata Rison

Nays--0

In The Chair: Julian

The House agreed to the title of the bill.

By unanimous consent the House returned to the order of

Reports of Standing Committees

The Committee on Appropriations, by Rep. Shulman, Chair, reported

Senate Bill No. 1101, entitled

A bill to make appropriations for the department of community health and certain state purposes related to mental health, public health, and medical services for the fiscal year ending September 30, 2003; to provide for the expenditure of those appropriations; to create funds; to require and provide for reports; to prescribe the powers and duties of certain local and state agencies and departments; and to provide for disposition of fees and other income received by the various state agencies.

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 1101 To Report Out:

Yeas: Reps. Shulman, LaSata, Cameron Brown, Caul, Jansen, Kooiman, Mead, Mortimer, Newell, Pappageorge, Pumford, Shackleton, Stamas, Stewart, Vander Roest, Frank, Rich Brown, Clarke, Lockwood, Murphy, Pestka, Plakas, Stallworth, Switalski,

Nays: None.

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Tuesday, May 14, 2002, at 9:30 a.m.,

Present: Reps. Shulman, LaSata, Cameron Brown, Caul, Godchaux, Jansen, Jelinek, Kooiman, Mead, Mortimer, Newell, Pappageorge, Pumford, Shackleton, Stamas, Stewart, Vander Roest, Frank, Rich Brown, Clarke, Lockwood, Murphy, Pestka, Plakas, Stallworth, Switalski,

Absent: Reps. Toy, Phillips, Reeves,

Excused: Reps. Toy, Phillips, Reeves.

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

House Bill No. 5824, entitled

A bill to amend 1967 PA 281, entitled "Income tax act of 1967," by amending sections 30, 520, and 527a (MCL 206.30, 206.520, and 206.527a), section 30 as amended by 2000 PA 400, section 520 as amended by 1995 PA 245, and section 527a as amended by 2001 PA 169.

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 5824 To Report Out:

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

Nays: None.

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

House Bill No. 5935, entitled

A bill to amend 1893 PA 206, entitled "The general property tax act," by amending section 7u (MCL 211.7u), as amended by 1994 PA 390.

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 5935 To Report Out:

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

Nays: None.

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

House Bill No. 6002, entitled

A bill to amend 1933 PA 167, entitled "General sales tax act," (MCL 205.51 to 205.78) by adding section 5b; and to repeal acts and parts of acts.

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

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

Favorable Roll Call

HB 6002 To Report Out:

Yeas: Reps. Cassis, Vear, Drolet, Faunce, Gosselin, Kowall, Meyer, Newell, Richardville, Woronchak,

Nays: Reps. Basham, Minore.

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

Senate Bill No. 841, entitled

A bill to amend 1981 PA 80, entitled "Fiscal stabilization act," by amending section 4 (MCL 141.1004), as amended by 1987 PA 279; and to repeal acts and parts of acts.

Without amendment and with the recommendation that the bill pass.

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

Favorable Roll Call

SB 841 To Report Out:

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

Nays: None.

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

Senate Bill No. 1062, entitled

A bill to amend 1913 PA 380, entitled "An act to regulate gifts of real and personal property to cities, villages, townships, and counties, and the use of the those gifts; and to validate all such gifts made before the enactment of this act," by amending section 2 (MCL 123.872), as added by 1985 PA 9.

Without amendment and with the recommendation that the bill pass.

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

Favorable Roll Call

SB 1062 To Report Out:

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

Nays: None.

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

Senate Bill No. 1074, entitled

A bill to amend 1925 PA 234, entitled "An act to provide for the creation and establishment of port districts; to prescribe their rights, powers, duties and privileges; to prescribe their powers of regulation in certain cases; to prescribe their powers in respect to acquiring, improving, enlarging, extending, operating, maintaining and financing various projects and the conditions upon which certain of said projects may extend into another state or county," by amending section 32 (MCL 120.32).

Without amendment and with the recommendation that the bill pass.

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

Favorable Roll Call

SB 1074 To Report Out:

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

Nays: None.

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

Senate Bill No. 1201, entitled

A bill relative to the reporting of the issuance of certain debt and securities; and to prescribe powers and duties of certain departments, agencies, officials, and employees.

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 1201 To Report Out:

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

Nays: None.

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Wednesday, May 15, 2002, at 10:30 a.m.,

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

Absent: Rep. Wojno,

Excused: Rep. Wojno.

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Wednesday, May 15, 2002, at 8:30 a.m.,

Present: Reps. Bradstreet, Middaugh, Birkholz, Bisbee, Bishop, Cassis, Howell, Kowall, Richardville, Vander Veen, Bob Brown, Bovin, Daniels, Lemmons, Rivet, Schauer, Woodward.

COMMITTEE ATTENDANCE REPORT

The following report, submitted by Rep. Hart, Chair of the Committee on Family and Children Services, was received and read:

Meeting held on: Wednesday, May 15, 2002, at 9:00 a.m.,

Present: Reps. Hart, Vander Veen, DeWeese, Hager, Tabor, Murphy, Garza, Rison,

Absent: Rep. Bernero,

Excused: Rep. Bernero.

COMMITTEE ATTENDANCE REPORT

The following report, submitted by Rep. Patterson, Chair of the Committee on House Oversight and Operations, was received and read:

Meeting held on: Wednesday, May 15, 2002, at 10:00 a.m.,

Present: Reps. Patterson, Julian, Jacobs, Lipsey,

Absent: Rep. Kuipers.

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, May 9:

Senate Bill Nos. 1315 1316 1317 1318 1319 1320 1321 1322

The Clerk announced that the following bills had been printed and placed upon the files of the members, Friday, May 10:

Senate Bill Nos. 1303 1304 1305

The Clerk announced that the following bills had been printed and placed upon the files of the members, Monday, May 13:

Senate Bill Nos. 1306 1308 1309 1310 1311 1312 1313 1314

The Clerk announced that the following bill had been printed and placed upon the files of the members, Wednesday, May 15:

House Bill No. 6081

The Clerk announced that the following Senate bills had been received on Wednesday, May 15:

Senate Bill Nos. 1119 1265 1266 1267 1268 1269 1300 1301 1302

Communications from State Officers

The following communication from the Department of Consumer and Industry Services was received and read:

May 9, 2002

Pursuant to Section 314 of P.A. 119 of 2001, we are enclosing a copy of the following report:

Type of Report Facility Report # License #

Special Investigation Nokomis Challenge 2002C0115006 CS7202201324

Report Center

This report was performed in compliance with the requirements of P.A. 116 of 1973 as amended, and the Administrative Rules for Child Caring Institutions.

If you have any questions regarding this information, please feel free to contact me at 373-3892.

Sincerely,

John R. Suckow, C.P.A.

Director, Finance and Administrative Services

The communication was referred to the Clerk.

The following communication from the Auditor General was received and read:

May 10, 2002

Enclosed is a copy of the following audit report and/or executive digest:

Performance Audit of the

School-to-Work System and

Career Preparation System

Michigan Department of Career Development

and Department of Education

May 2002

Sincerely,

Thomas H. McTavish, C.P.A.

Auditor General

The communication was referred to the Clerk and the accompanying report referred to the Committee on House Oversight and Operations.

Introduction of Bills

Rep. Spade introduced

House Bill No. 6082, entitled

A bill to amend 1961 PA 236, entitled "Revised judicature act of 1961," by amending section 1307a (MCL 600.1307a), as amended by 1986 PA 104.

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

Rep. Jamnick introduced

House Bill No. 6083, entitled

A bill to prohibit the switching of a customer's natural gas supplier or distributor and the adding of optional services without the customer's authorization; to require certain notices; to prescribe the powers and duties of certain state agencies and officials; and to provide penalties and other remedies.

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

By unanimous consent the House returned to the order of

Messages from the Senate

House Bill No. 5845, entitled

A bill to repeal 1931 PA 235, entitled "An act authorizing cities to borrow money and to issue bonds for the purpose of defraying part or all of the city's share of the cost and expense of separating grades for railroads and public highways and streets where such railroads intersect such highways and streets, including part or all of the city's share of the cost and expense of the elevation or depression of such railroads, highways and streets, and including the defraying of part or all of the city's share of the damages resulting to abutting property by reason of such separation of grades, or the elevation or depression of such railroads, public highways or streets," (MCL 253.91).

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. 4603, entitled

A bill to amend 1986 PA 255, entitled "Prepaid funeral contract funding act," by amending section 19 (MCL 328.229).

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. 5556, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending section 48701 (MCL 324.48701), as added by 1995 PA 57.

The Senate has substituted (S-2) the bill.

The Senate has passed the bill as substituted (S-2), 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. 5642, entitled

A bill to make appropriations for the department of agriculture for the fiscal year ending September 30, 2003; to provide for the expenditure of the appropriations; to create funds; to provide for the imposition of fees; to require reports, audits, and plans; to authorize certain transfers by certain state agencies; and to provide for the disposition of fees and other income received by certain state agencies.

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

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

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

House Bill No. 5644, entitled

A bill to make appropriations for the department of consumer and industry services and certain other state purposes for the fiscal year ending September 30, 2003; to provide for the expenditure of those appropriations; to provide for the imposition of certain fees; to provide for the disposition of fees and other income received by the state agencies; to provide for reports to certain persons; and to prescribe powers and duties of certain state departments and certain state and local agencies and officers.

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

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

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

House Bill No. 5647, entitled

A bill to make appropriations for the department of history, arts, and libraries for the fiscal year ending September 30, 2003; to provide for the expenditure of those appropriations; to provide for the disposition of fees and other income received by the state agencies; to provide for the disbursement of certain grants; to provide for reports; and to prescribe powers and duties of certain state departments and certain state and local agencies and officers.

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

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

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

House Bill No. 5850, entitled

A bill to amend 1987 PA 230, entitled "Municipal health facilities corporations act," by amending sections 401, 406, and 412 (MCL 331.1401, 331.1406, and 331.1412), as amended by 1988 PA 502.

The Senate has substituted (S-2) the bill.

The Senate has passed the bill as substituted (S-2), 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.

Senate Bill No. 1119, entitled

A bill to amend 1978 PA 368, entitled "Public health code," by amending section 16621 (MCL 333.16621), as amended by 2000 PA 160.

The Senate has passed the bill.

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

Senate Bill No. 1265, entitled

A bill to amend 1951 PA 51, entitled "An act to provide for the classification of all public roads, streets, and highways in this state, and for the revision of that classification and for additions to and deletions from each classification; to set up and establish the Michigan transportation fund; to provide for the deposits in the Michigan transportation fund of specific taxes on motor vehicles and motor vehicle fuels; to provide for the allocation of funds from the Michigan transportation fund and the use and administration of the fund for transportation purposes; to set up and establish the truck safety fund; to provide for the allocation of funds from the truck safety fund and administration of the fund for truck safety purposes; to set up and establish the Michigan truck safety commission; to establish certain standards for road contracts for certain businesses; to provide for the continuing review of transportation needs within the state; to authorize the state transportation commission, counties, cities, and villages to borrow money, issue bonds, and make pledges of funds for transportation purposes; to authorize counties to advance funds for the payment of deficiencies necessary for the payment of bonds issued under this act; to provide for the limitations, payment, retirement, and security of the bonds and pledges; to provide for appropriations and tax levies by counties and townships for county roads; to authorize contributions by townships for county roads; to provide for the establishment and administration of the state trunk line fund, critical bridge fund, comprehensive transportation fund, and certain other funds; to provide for the deposits in the state trunk line fund, critical bridge fund, comprehensive transportation fund, and certain other funds of money raised by specific taxes and fees; to provide for definitions of public transportation functions and criteria; to define the purposes for which Michigan transportation funds may be allocated; to provide for Michigan transportation fund grants; to provide for review and approval of transportation programs; to provide for submission of annual legislative requests and reports; to provide for the establishment and functions of certain advisory entities; to provide for conditions for grants; to provide for the issuance of bonds and notes for transportation purposes; to provide for the powers and duties of certain state and local agencies and officials; to provide for the making of loans for transportation purposes by the state transportation department and for the receipt and repayment by local units and agencies of those loans from certain specified sources; and to repeal acts and parts of acts," by amending section 18c (MCL 247.668c).

The Senate has passed the bill.

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

Senate Bill No. 1266, entitled

The Senate has passed the bill.

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

Senate Bill No. 1267, entitled

The Senate has passed the bill.

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

Senate Bill No. 1268, entitled

The Senate has passed the bill.

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

Senate Bill No. 1269, entitled

The Senate has passed the bill.

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

Senate Bill No. 1300, entitled

A bill to amend 1961 PA 112, entitled "An act to authorize and provide for the issuance, sale, and refunding of bonds, notes, or commercial paper of the state; to provide funds for making loans to school districts for payment of principal and interest on certain school bonds; to provide for use of moneys repaid to the state by school districts; and to make an appropriation," (MCL 388.981 to 388.985) by adding section 1c.

The Senate has passed the bill.

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

Senate Bill No. 1301, entitled

The Senate has passed the bill.

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

Senate Bill No. 1302, entitled

A bill to amend 2001 PA 34, entitled "Revised municipal finance act," by amending sections 105, 303, 319, 517, 701, and 809 (MCL 141.2105, 141.2303, 141.2319, 141.2517, 141.2701, and 141.2809) and by adding sections 304 and 802; and to repeal acts and parts of acts.

The Senate has passed the bill.

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

Quorum Call

Rep. Middaugh questioned the presence of a quorum and moved that the roll be called and printed in the Journal.

The motion prevailed.

The roll was called and the Clerk announced that a quorum was present.

The following is the roll call:

Roll Call No. 732 Yeas--87

Adamini Gieleghem Lipsey Schauer

Allen Gilbert Lockwood Shackleton

Anderson Gosselin Mans Sheltrown

Basham Hager McConico Spade

Bernero Hale Mead Stallworth

Birkholz Hansen Meyer Stamas

Bisbee Hardman Middaugh Stewart

Bovin Hart Minore Switalski

Bradstreet Howell Mortimer Tabor

Brown, B. Hummel Murphy Thomas

Brown, C. Jacobs Neumann Van Woerkom

Brown, R. Jamnick Newell Vander Roest

Caul Jansen O'Neil Vander Veen

Clark, I. Jelinek Palmer Voorhees

Daniels Johnson, Rick Pappageorge Waters

DeRossett Johnson, Ruth Patterson Whitmer

DeVuyst Julian Pestka Williams

DeWeese Kolb Phillips Wojno

Drolet Kooiman Pumford Woodward

Faunce Kuipers Quarles Woronchak

Garza LaSata Raczkowski Zelenko

George Lemmons Rivet

In The Chair: Julian

Second Reading of Bills

House Bill No. 5889, entitled

A bill to amend 1955 PA 10, entitled "An act to provide for the registration of historic sites," by amending the title and sections 1 and 2 (MCL 399.151 and 399.152) and by adding sections 3, 4, 5, 6, 7, 8, 9, and 10.

The bill was read a second time.

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

The motion prevailed.

House Bill No. 5860, entitled

A bill to amend 1893 PA 206, entitled "The general property tax act," by amending section 42a (MCL 211.42a), as amended by 1994 PA 415.

The bill was read a second time.

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

The motion prevailed.

______

Rep. Jacobs moved that Reps. Frank, Plakas, Reeves, Rison and Schermesser be excused temporarily from today's session.

The motion prevailed.

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

The motion prevailed.

By unanimous consent the House returned to the order of

Third Reading of Bills

Rep. Middaugh moved that House Bill No. 5360 be placed on its immediate passage.

The motion prevailed, a majority of the members serving voting therefor.

House Bill No. 5360, entitled

A bill to amend 1949 PA 300, entitled "Michigan vehicle code," by amending section 251 (MCL 257.251), as amended by 2000 PA 397.

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

Roll Call No. 733 Yeas--98

Adamini George Lipsey Rocca

Allen Gieleghem Lockwood Schauer

Anderson Gilbert Mans Shackleton

Basham Gosselin McConico Sheltrown

Bernero Hager Mead Shulman

Birkholz Hale Meyer Spade

Bisbee Hansen Middaugh Stallworth

Bishop Hardman Minore Stamas

Bovin Hart Mortimer Stewart

Bradstreet Howell Murphy Switalski

Brown, B. Hummel Neumann Tabor

Brown, C. Jacobs Newell Thomas

Brown, R. Jamnick O'Neil Van Woerkom

Callahan Jansen Palmer Vander Roest

Caul Jelinek Pappageorge Vander Veen

Clark, I. Johnson, Rick Patterson Vear

Daniels Johnson, Ruth Pestka Voorhees

Dennis Julian Phillips Waters

DeRossett Koetje Pumford Whitmer

DeVuyst Kolb Quarles Williams

DeWeese Kooiman Raczkowski Wojno

Drolet Kowall Richardville Woodward

Ehardt Kuipers Richner Woronchak

Faunce LaSata Rivet Zelenko

Garza Lemmons

Nays--0

In The Chair: Julian

The House agreed to the title of the bill.

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

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

Rep. Middaugh moved that House Bill No. 5764 be placed on its immediate passage.

The motion prevailed, a majority of the members serving voting therefor.

House Bill No. 5764, entitled

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

Roll Call No. 734 Yeas--88

Adamini Faunce Kooiman Richardville

Allen Garza Kowall Richner

Anderson George Kuipers Rivet

Basham Gieleghem LaSata Rocca

Bernero Gilbert Lemmons Schauer

Birkholz Gosselin Lockwood Shackleton

Bisbee Hager Mans Sheltrown

Bishop Hale Mead Shulman

Bovin Hansen Meyer Spade

Bradstreet Hardman Middaugh Stamas

Brown, B. Hart Mortimer Stewart

Brown, C. Howell Murphy Tabor

Brown, R. Hummel Neumann Van Woerkom

Callahan Jacobs Newell Vander Roest

Caul Jamnick O'Neil Vander Veen

Clark, I. Jansen Palmer Vear

Daniels Jelinek Pappageorge Whitmer

DeRossett Johnson, Rick Patterson Williams

DeVuyst Johnson, Ruth Pestka Wojno

DeWeese Julian Phillips Woodward

Drolet Koetje Plakas Woronchak

Ehardt Kolb Pumford Zelenko

Nays--5

Dennis Minore Switalski Waters

Lipsey

In The Chair: Julian

The House agreed to the title of the bill.

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

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

Second Reading of Bills

House Bill No. 5765, entitled

A bill to amend 1967 PA 281, entitled "Income tax act of 1967," by amending section 30 (MCL 206.30), as amended by 2000 PA 400.

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

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

Rep. Middaugh moved that consideration of the bill be postponed temporarily.

The motion prevailed.

House Bill No. 5767, entitled

A bill to amend 1967 PA 281, entitled "Income tax act of 1967," by amending section 30 (MCL 206.30), as amended by 2000 PA 400.

The bill was read a second time.

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

The motion prevailed.

Rep. Middaugh moved that the bill be placed on its immediate passage.

The motion prevailed, a majority of the members serving voting therefor.

______

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

The motion prevailed.

By unanimous consent the House returned to the order of

Third Reading of Bills

House Bill No. 5767, entitled

A bill to amend 1967 PA 281, entitled "Income tax act of 1967," by amending section 30 (MCL 206.30), as amended by 2000 PA 400.

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

Roll Call No. 735 Yeas--101

Adamini George Lipsey Rocca

Allen Gieleghem Lockwood Schauer

Anderson Gilbert Mans Shackleton

Basham Gosselin McConico Sheltrown

Bernero Hager Mead Shulman

Birkholz Hale Meyer Spade

Bisbee Hansen Middaugh Stallworth

Bishop Hardman Minore Stamas

Bovin Hart Mortimer Stewart

Bradstreet Howell Murphy Switalski

Brown, B. Hummel Neumann Tabor

Brown, C. Jacobs Newell Thomas

Brown, R. Jamnick O'Neil Toy

Callahan Jansen Palmer Van Woerkom

Cassis Jelinek Pappageorge Vander Roest

Caul Johnson, Rick Patterson Vander Veen

Clark, I. Johnson, Ruth Pestka Vear

Daniels Julian Phillips Voorhees

Dennis Koetje Plakas Waters

DeRossett Kolb Pumford Whitmer

DeVuyst Kooiman Quarles Williams

DeWeese Kowall Raczkowski Wojno

Drolet Kuipers Richardville Woodward

Ehardt LaSata Richner Woronchak

Faunce Lemmons Rivet Zelenko

Garza

Nays--0

In The Chair: Julian

The House agreed to the title of the bill.

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

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

House Bill No. 5154, entitled

A bill to amend 1931 PA 328, entitled "The Michigan penal code," by amending section 50a (MCL 750.50a), as added by 1994 PA 42.

The bill was read a third time.

The question being on the passage of the bill,

Rep. Middaugh moved that consideration of the bill be postponed temporarily.

The motion prevailed.

House Bill No. 4454, entitled

A bill to repeal 1987 PA 248, entitled "Airport parking tax act," (MCL 207.371 to 207.383).

(The bill was not passed, motion made to reconsider the vote by which the House did not pass the bill and motion postponed for the day on October 11, 2001, see House Journal No. 69 of 2001, p. 2044.)

The question being on the motion made previously by Rep. Richardville,

The motion prevailed, a majority of the members serving voting therefor.

Rep. Patterson moved to substitute (H-5) the bill.

The motion was seconded and the substitute (H-5) was adopted, a majority of the members serving voting therefor.

Rep. Thomas moved that the bill be referred to the Committee on Appropriations.

The question being on the motion made by Rep. Thomas,

Rep. Thomas demanded the yeas and nays.

The demand was supported.

The question being on the motion made by Rep. Thomas,

The motion did not prevail, a majority of the members present not voting therefor, by yeas and nays, as follows:

Roll Call No. 736 Yeas--45

Adamini Gieleghem McConico Sheltrown

Anderson Hale Minore Spade

Basham Hansen Murphy Stallworth

Bernero Hardman Neumann Switalski

Bovin Jacobs O'Neil Thomas

Brown, B. Jamnick Pestka Waters

Brown, R. Kolb Phillips Whitmer

Callahan Lemmons Plakas Williams

Clark, I. Lipsey Quarles Wojno

Daniels Lockwood Rivet Woodward

Dennis Mans Schauer Zelenko

Garza

Nays--54

Allen Gosselin LaSata Rocca

Birkholz Hager Mead Shackleton

Bisbee Hart Meyer Shulman

Bishop Howell Middaugh Stamas

Brown, C. Hummel Mortimer Stewart

Cassis Jansen Newell Tabor

Caul Jelinek Palmer Toy

DeRossett Johnson, Rick Pappageorge Van Woerkom

DeVuyst Johnson, Ruth Patterson Vander Roest

DeWeese Julian Pumford Vander Veen

Drolet Koetje Raczkowski Vear

Faunce Kooiman Richardville Voorhees

George Kowall Richner Woronchak

Gilbert Kuipers

In The Chair: Julian

Point of Order

Rep. Thomas requested a ruling from the House regarding whether the bill is properly before the House.

The Chair ruled that the bill is properly before the House.

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

1. Amend page 8, following line 20, by inserting:

"(4) FUNDS APPROPRIATED FOR DETROIT CITY AIRPORT AND FOR WILLOW RUN AIRPORT MAY NOT BE USED DIRECTLY OR INDIRECTLY FOR THE EXTENSION, EXPANSION, OR REALIGNMENT OF ANY EXISTING RUNWAY OR FOR THE CONSTRUCTION OF ANY NEW RUNWAY.".

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

Rep. Patterson moved to amend the bill as follows:

1. Amend page 3, line 10, after "OPERATIONS," by inserting "INCLUDING NOT LESS THAN 30% OF THE AMOUNT USED FOR SHERIFF DEPARTMENT OPERATIONS FOR ACCELERATING THE PROCESSING OF CONCEALED WEAPON LICENSE APPLICATIONS,".

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

Rep. Basham moved to amend the bill as follows:

1. Amend page 2, line 17 after "(B)" by inserting "FOR THE FISCAL YEAR ENDING SEPTEMBER 30, 2002,".

2. Amend page 2, line 20, after "$6,000,000.00" by striking out the balance of the sentence and inserting a period.

The question being on the seconding of the motion made by Rep. Basham,

Rep. Basham demanded the yeas and nays.

The demand was supported.

The question being on the seconding of the motion made by Rep. Basham,

The motion did not prevail, a majority of the members not voting therefor, by yeas and nays, as follows:

Roll Call No. 737 Yeas--45

Adamini Gieleghem McConico Schauer

Anderson Hale Minore Sheltrown

Basham Hansen Murphy Spade

Bernero Hardman Neumann Stallworth

Bovin Jacobs O'Neil Switalski

Brown, B. Jamnick Pestka Waters

Brown, R. Kolb Phillips Whitmer

Callahan Lemmons Plakas Williams

Clark, I. Lipsey Quarles Wojno

Daniels Lockwood Reeves Woodward

Dennis Mans Rivet Zelenko

Garza

Nays--54

Allen George Kuipers Rocca

Birkholz Gilbert LaSata Shackleton

Bisbee Gosselin Mead Shulman

Bishop Hager Middaugh Stamas

Bradstreet Howell Mortimer Stewart

Brown, C. Hummel Newell Tabor

Cassis Jansen Palmer Toy

Caul Jelinek Pappageorge Van Woerkom

DeRossett Johnson, Rick Patterson Vander Roest

DeVuyst Johnson, Ruth Pumford Vander Veen

DeWeese Julian Raczkowski Vear

Drolet Koetje Richardville Voorhees

Ehardt Kooiman Richner Woronchak

Faunce Kowall

In The Chair: Julian

Rep. Patterson moved to amend the bill as follows:

1. Amend page 2, line 7, by striking out all of subdivision (A) and relettering the remaining subdivisions.

2. Amend page 2, line 25, after "THE" by striking out "DISTRIBUTIONS IN SUBDIVISIONS (A) AND (B)" and inserting "DISTRIBUTION IN SUBDIVISION (A)".

3. Amend page 3, line 4, by striking out all of line 4 through the first "THE" on line 9 and inserting "(1) (B) shall be deposited INTO THE".

The motion was seconded.

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

Rep. Basham demanded the yeas and nays.

The demand was supported.

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

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

Roll Call No. 738 Yeas--55

Allen George Kowall Richner

Birkholz Gilbert Kuipers Shackleton

Bisbee Gosselin LaSata Shulman

Bishop Hager Mead Stamas

Bradstreet Hart Meyer Stewart

Brown, C. Howell Middaugh Tabor

Cassis Hummel Mortimer Toy

Caul Jansen Newell Van Woerkom

DeRossett Jelinek Palmer Vander Roest

DeVuyst Johnson, Rick Pappageorge Vander Veen

DeWeese Johnson, Ruth Patterson Vear

Drolet Julian Pumford Voorhees

Ehardt Koetje Raczkowski Woronchak

Faunce Kooiman Richardville

Nays--44

Adamini Garza Mans Rivet

Anderson Gieleghem McConico Schauer

Basham Hale Minore Sheltrown

Bernero Hansen Murphy Spade

Bovin Hardman Neumann Switalski

Brown, B. Jacobs O'Neil Waters

Brown, R. Jamnick Pestka Whitmer

Callahan Kolb Phillips Williams

Clark, I. Lemmons Plakas Wojno

Daniels Lipsey Quarles Woodward

Dennis Lockwood Reeves Zelenko

In The Chair: Julian

Rep. Stallworth moved to amend the bill as follows:

1. Amend page 8, following line 20, by inserting:

"(4) FUNDS DESCRIBED IN THIS SECTION SHALL NOT BE USED FOR CAPITAL OUTLAY PROJECTS DESCRIBED IN THIS SECTION UNLESS THE AIRCRAFT FUEL TAX CREDIT UNDER SECTION 203 OF THE AERONAUTICS CODE, 1945 PA 327, MCL 259.203, IS ELIMINATED NOT LATER THAN SEPTEMBER 29, 2002.".

The question being on the seconding of the motion made by Rep. Stallworth,

Rep. Stallworth demanded the yeas and nays.

The demand was supported.

The question being on the seconding of the motion made by Rep. Stallworth,

The motion did not prevail, a majority of the members not voting therefor, by yeas and nays, as follows:

Roll Call No. 739 Yeas--47

Adamini Gieleghem Minore Sheltrown

Anderson Hale Murphy Spade

Basham Hansen Neumann Stallworth

Bernero Hardman O'Neil Switalski

Bovin Jacobs Pappageorge Thomas

Brown, R. Jamnick Pestka Waters

Callahan Kolb Phillips Whitmer

Clark, I. Lemmons Plakas Williams

Daniels Lipsey Quarles Wojno

Dennis Lockwood Reeves Woodward

DeWeese Mans Rivet Zelenko

Garza McConico Schauer

Nays--54

Allen Gilbert Kuipers Rocca

Birkholz Gosselin LaSata Shackleton

Bisbee Hager Mead Shulman

Bishop Hart Meyer Stamas

Bradstreet Howell Middaugh Stewart

Brown, C. Hummel Mortimer Tabor

Cassis Jansen Newell Toy

Caul Jelinek Palmer Van Woerkom

DeRossett Johnson, Rick Patterson Vander Roest

DeVuyst Johnson, Ruth Pumford Vander Veen

Drolet Julian Raczkowski Vear

Ehardt Koetje Richardville Voorhees

Faunce Kooiman Richner Woronchak

George Kowall

In The Chair: Julian

Rep. Thomas moved to amend the bill as follows:

1. Amend page 2, line 19, after "259.43," by striking out "66-2/3%" and inserting "33-1/3%".

2. Amend page 2, line 20, after "EXCEED" by striking out "$6,000,000.00" and inserting "$2,000,000.00".

The question being on the seconding of the motion made by Rep. Thomas,

Rep. Thomas demanded the yeas and nays.

The demand was supported.

The question being on the seconding of the motion made by Rep. Thomas,

The motion did not prevail, a majority of the members not voting therefor, by yeas and nays, as follows:

Roll Call No. 740 Yeas--46

Adamini Gieleghem Minore Sheltrown

Anderson Hale Murphy Spade

Basham Hansen Neumann Stallworth

Bernero Hardman O'Neil Switalski

Bovin Jacobs Pestka Thomas

Brown, B. Jamnick Phillips Waters

Brown, R. Kolb Plakas Whitmer

Callahan Lemmons Quarles Williams

Clark, I. Lipsey Reeves Wojno

Daniels Lockwood Rivet Woodward

Dennis Mans Schauer Zelenko

Garza McConico

Nays--55

Allen George Kuipers Rocca

Birkholz Gilbert LaSata Shackleton

Bisbee Gosselin Mead Shulman

Bishop Hager Meyer Stamas

Bradstreet Hart Middaugh Stewart

Brown, C. Hummel Mortimer Tabor

Cassis Jansen Newell Toy

Caul Jelinek Palmer Van Woerkom

DeRossett Johnson, Rick Pappageorge Vander Roest

DeVuyst Johnson, Ruth Patterson Vander Veen

DeWeese Julian Pumford Vear

Drolet Koetje Raczkowski Voorhees

Ehardt Kooiman Richardville Woronchak

Faunce Kowall Richner

In The Chair: Julian

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. 741 Yeas--55

Allen George Kuipers Richner

Birkholz Gilbert LaSata Rocca

Bisbee Gosselin Mead Shackleton

Bishop Hager Meyer Sheltrown

Bradstreet Hart Middaugh Shulman

Brown, C. Howell Mortimer Spade

Cassis Hummel Newell Stamas

Caul Jelinek Palmer Tabor

DeRossett Johnson, Rick Pappageorge Van Woerkom

DeVuyst Johnson, Ruth Patterson Vander Roest

DeWeese Julian Pestka Vander Veen

Drolet Koetje Pumford Vear

Ehardt Kooiman Raczkowski Voorhees

Faunce Kowall Richardville

Nays--41

Adamini Hansen Minore Stewart

Anderson Hardman Murphy Switalski

Basham Jacobs O'Neil Thomas

Bernero Jamnick Phillips Toy

Callahan Kolb Plakas Waters

Clark, I. Lemmons Quarles Whitmer

Daniels Lipsey Reeves Williams

Dennis Lockwood Rivet Wojno

Garza Mans Schauer Woodward

Gieleghem McConico Stallworth Zelenko

Hale

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 1987 PA 248, entitled "Airport parking tax act," by amending sections 3 and 7 (MCL 207.373 and 207.377) and by adding section 11a.

The motion prevailed.

The House agreed to the title as amended.

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

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

______

Reps. Kolb, Murphy, Callahan, Plakas, Zelenko, Adamini, Williams, Waters, Phillips, Anderson and Lemmons, 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:

I voted no on final passage of House Bill 4454 (H-5) because it is a needless attack on the City of Romulus and Wayne County as a whole. Under House Bill 4454, Wayne County will lose almost $15 million a year, which currently funds indigent health care and health care for the working poor. In addition, House Bill 4454 would rob the City of Romulus of approximately $1.2 million each year, money that the city uses to fund police, fire, and other services made necessary by the presence of Detroit Metropolitan Airport.

What is more, I voted no because there is no reason Michigan must strip these funds from our neediest citizens. Proponents argue that House Bill 4454 would provide funding for statewide airport improvements. However, House Democrats offered several amendments that would have provided up to $20 million for airport improvement projects, more than three times as much as the bill currently provides, without taking funds from Romulus or Wayne County. Current House leaders chose not to even debate those amendments. For all these reasons, I voted no on House Bill 4454."

Rep. Hale, 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:

Rep. Toy, having reserved the right to explain her protest against the passage of the bill, made the following statement:

"Mr. Speaker and members of the House:

I am a no vote to House Bill 4454 because of my experience as vice-chair of the F.I.A. budget. I do not want to remove health care dollars from Wayne County where I am a resident and represent constituents who currently continue to need those benefits. I request that my name be removed from co-sponorship. Thank you."

Rep. Schauer, having reserved the right to explain his protest against the passage of the bill, made the following statement:

"Mr. Speaker and members of the House:

I voted no on final passage of House Bill 4454 (H-5) because it represented a needless $15 million per year raid on Wayne County funding for indigent health care and health care for the working poor. I wholeheartedly support funding for airport improvements across our state, but other more appropriate funding sources should have been used to allow the Michigan Aeronautics Fund to match federal dollars. In a time of spiraling budget deficits, this bill is a new low in tapping one-time budget sources to solve the state's budget problems. I voted no because it is wrong to strip these funds from our neediest citizens. While proponents argued that House Bill 4454 would provide funding for statewide airport improvements. I supported several amendments that would have provided up to $20 million for airport improvement projects, more than three times as much as the bill currently provides, without taking funds from health programs for the indigent and working poor. Current House leaders chose not to even debate those amendments. For all these reasons, I voted no on House Bill 4454."

Notices

I hereby give notice that on the next legislative session day I will move to reconsider the vote by which the House passed House Bill No. 4454.

Rep. Basham

______

Rep. Jansen moved that the House adjourn.

The motion prevailed, the time being 10:30 p.m.

Associate Speaker Pro Tempore Julian declared the House adjourned until Thursday, May 16, at 12:00 Noon.

GARY L. RANDALL

Clerk of the House of Representatives.

Adamini	Garza	Lipsey	Schauer
Allen	George	Lockwood	Schermesser
Anderson	Gieleghem	Mans	Scranton
Basham	Gilbert	McConico	Shackleton
Bernero	Godchaux	Mead	Sheltrown
Birkholz	Hager	Meyer	Shulman
Bisbee	Hale	Middaugh	Spade
Bishop	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	Palmer	Van Woerkom
Cassis	Jansen	Pappageorge	Vander Roest
Caul	Jelinek	Patterson	Vander Veen
Clark, I.	Johnson, Rick	Pestka	Vear
Clarke, H.	Johnson, Ruth	Phillips	Voorhees
Daniels	Julian	Pumford	Waters
Dennis	Koetje	Quarles	Whitmer
DeRossett	Kolb	Raczkowski	Williams
DeVuyst	Kooiman	Reeves	Wojno
DeWeese	Kowall	Richardville	Woodward
Ehardt	Kuipers	Richner	Woronchak
Faunce	LaSata	Rison	Zelenko
Frank	Lemmons	Rocca

Allen	Gosselin	LaSata	Scranton
Birkholz	Hager	Mead	Shackleton
Bisbee	Hart	Meyer	Shulman
Bishop	Howell	Middaugh	Stamas
Bradstreet	Hummel	Mortimer	Stewart
Cassis	Jansen	Newell	Tabor
Caul	Jelinek	Palmer	Toy
DeRossett	Johnson, Rick	Pappageorge	Van Woerkom
DeVuyst	Johnson, Ruth	Patterson	Vander Roest
Drolet	Julian	Pumford	Vander Veen
Faunce	Koetje	Raczkowski	Vear
George	Kooiman	Richardville	Voorhees
Gilbert	Kuipers	Rocca	Woronchak