No. 51

STATE OF MICHIGAN

JOURNAL

OF THE

House of Representatives

91st Legislature


REGULAR SESSION OF 2002


House Chamber, Lansing, Wednesday, May 29, 2002.

 

12:00 Noon.

 

 

The House was called to order by Associate Speaker Pro Tempore Julian.

 

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

 

Adamini--present

Allen--present

Anderson--present

Basham--present

Bernero--present

Birkholz--present

Bisbee--present

Bishop--present

Bogardus--present

Bovin--present

Bradstreet--present

Brown, Bob--present

Brown, Cameron--present

Brown, Rich--present

Callahan--present

Cassis--excused

Caul--present

Clark--present

Clarke--present

Daniels--present

Dennis--present

DeRossett--present

DeVuyst--excused

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--excused

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

Rev. Robert Prange, Pastor of Grove Bible Church in St. Johns, offered the following invocation:

 

"Our Heavenly Father, we thank You that Thou art God. Lord, we thank You, we praise You, knowing that You are all-knowing, You are all-powerful, and You are holy. Lord, for the fact that You love us and that You have shown this in so many ways. Father, we thank You for raising up this government, and especially for the state of Michigan. Today, we meet in this House Chamber. Lord, we recognize You have blessed us in many ways, but also along with this You have presented us with a series of problems that probably only You can solve. Lord, we look to You for wisdom to know and do Your will; to discern wrong from right and Lord that we might shun the wrong and stand for the right. God we pray that You guide us, that we might be men like Daniel, that we might be men and women like Paul and others that have served You so well. Lord, we recognize that those in government are ministers of God according to Romans: 13, that they carry out Your business and we trust Your will. Now, Lord, we ask You to give wisdom that we might please You rather than ourselves. That we might do what is right, regardless of our own feelings, and then Lord that we would have wisdom in allocating the funds. Lord, this is always a tug of war, but we look to You and we pray that You take us by the hand today and lead us through this maze. Lord, we ask these things in the name of our Savior, the Lord Jesus Christ. Amen."

 

 

______

 

 

Rep. Vander Roest moved that Reps. Cassis and DeVuyst be excused from today's session.

The motion prevailed.

 

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

The motion prevailed.

 

Rep. Richardville moved that Rep. DeRossett be excused temporarily from today's session.

The motion prevailed.

 

Rep. Koetje moved that Rep. Raczkowski be excused temporarily from today's session.

The motion prevailed.

 

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

The motion prevailed.

 

 

Third Reading of Bills

 

 

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.

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

 

 

Roll Call No. 845 Yeas--100

 

 
AdaminiGarzaLaSataRocca
AllenGeorgeLipseySchauer
AndersonGieleghemLockwoodScranton
BashamGilbertMansShackleton
BerneroGodchauxMcConicoSheltrown
BirkholzGosselinMeadShulman
BisbeeHagerMiddaughSpade
BishopHaleMinoreStallworth
BogardusHansenMortimerStamas
BovinHardmanMurphyStewart
BradstreetHartNeumannSwitalski
Brown, B.HowellNewellThomas
Brown, C.HummelO'NeilToy
Brown, R.JacobsPalmerVan Woerkom
CallahanJamnickPappageorgeVander Roest
CaulJansenPattersonVander Veen
Clark, I.JelinekPestkaVear
Clarke, H.Johnson, RickPhillipsVoorhees
DanielsJohnson, RuthPlakasWaters
DennisJulianPumfordWhitmer
DeWeeseKoetjeQuarlesWilliams
DroletKolbReevesWojno
EhardtKooimanRichardvilleWoodward
FaunceKowallRisonWoronchak
FrankKuipersRivetZelenko

 

 

Nays--0

 

 

In The Chair: Julian

 

 

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

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

A bill to amend 1981 PA 80, entitled "An act to authorize certain cities and counties to issue general obligation bonds or obligations to fund an operating deficit or projected operating deficit; to prescribe the powers and duties of the state administrative board; to provide for the levy of ad valorem property taxes to pay the principal and interest on the bonds or obligations; to prescribe certain conditions related to the bonds or obligations; and to provide remedies for enforcement of this act," by amending sections 4 and 7 (MCL 141.1004 and 141.1007), as amended by 1987 PA 279.

The motion prevailed.

The House agreed to the title as amended.

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

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

 

 

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.

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

 

 

Roll Call No. 846 Yeas--103

 

 
AdaminiGeorgeLipseyRocca
AllenGieleghemLockwoodSchauer
AndersonGilbertMansScranton
BashamGodchauxMcConicoShackleton
BerneroGosselinMeadSheltrown
BirkholzHagerMeyerShulman
BisbeeHaleMiddaughSpade
BishopHansenMinoreStallworth
BogardusHardmanMortimerStamas
BovinHartMurphyStewart
BradstreetHowellNeumannSwitalski
Brown, B.HummelNewellThomas
Brown, C.JacobsO'NeilToy
Brown, R.JamnickPalmerVan Woerkom
CallahanJansenPappageorgeVander Roest
CaulJelinekPattersonVander Veen
Clark, I.Johnson, RickPestkaVear
Clarke, H.Johnson, RuthPhillipsVoorhees
DanielsJulianPlakasWaters
DennisKoetjePumfordWhitmer
DeWeeseKolbQuarlesWilliams
DroletKooimanReevesWojno
EhardtKowallRichardvilleWoodward
FaunceKuipersRichnerWoronchak
FrankLaSataRisonZelenko
GarzaLemmonsRivet

 

 

Nays--0

 

 

In The Chair: Julian

 

 

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

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

A bill to amend 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 1 (MCL 123.871), as amended by 1985 PA 9; and to repeal acts and parts of acts.

The motion prevailed.

The House agreed to the title as amended.

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

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

 

 

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).

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

 

 

Roll Call No. 847 Yeas--101

 

 
AdaminiGeorgeLemmonsRivet
AllenGieleghemLipseyRocca
AndersonGilbertLockwoodSchauer
BashamGodchauxMansScranton
BerneroGosselinMcConicoShackleton
BirkholzHagerMeadSheltrown
BisbeeHaleMeyerShulman
BishopHansenMiddaughSpade
BogardusHardmanMinoreStallworth
BovinHartMortimerStamas
BradstreetHowellMurphyStewart
Brown, B.HummelNeumannSwitalski
Brown, C.JacobsNewellToy
Brown, R.JamnickO'NeilVan Woerkom
CallahanJansenPalmerVander Roest
CaulJelinekPappageorgeVander Veen
Clark, I.Johnson, RickPattersonVear
Clarke, H.Johnson, RuthPestkaVoorhees
DanielsJulianPhillipsWaters
DennisKoetjePlakasWhitmer
DeWeeseKolbPumfordWilliams
DroletKooimanQuarlesWojno
EhardtKowallReevesWoodward
FaunceKuipersRichardvilleWoronchak
FrankLaSataRisonZelenko

Garza

 

 

Nays--0

 

 

In The Chair: Julian

 

 

The House agreed to the title of the bill.

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

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

 

By unanimous consent the House returned to the order of

Messages from the Senate

 

 

The Senate returned, in accordance with the request of the House

House Bill No. 5336, entitled

A bill to amend 1989 PA 24, entitled "The district library establishment act," by amending section 25 (MCL 397.195).

 

Rep. Patterson moved to reconsider the vote by which the House passed the bill.

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

 

 

Third Reading of Bills

 

 

House Bill No. 5336, entitled

A bill to amend 1989 PA 24, entitled "The district library establishment act," by amending section 25 (MCL 397.195).

(The bill was passed on May 28, see House Journal No. 50, p. 1714.)

The question being on the passage of the bill,

 

Rep. Minore moved to amend the bill as follows:

1. Amend page 1, following "THE PEOPLE OF THE STATE OF MICHIGAN ENACT:" by inserting:

"Sec. 6. Within 1 year after the effective date of this act MAY 22, 1989, the board of a district library established pursuant to former Act No. 164 of the Public Acts of 1955 1955 PA 164 shall submit to the state librarian an organizational plan including the information required to be set forth in an agreement under section 4(1) and shall revise the board structure and selection to conform to section 9 or to sections 10 and 11. If the board of a district library established pursuant to former Act No. 164 of the Public Acts of 1955 1955 PA 164 complies with this section and the state librarian does not disapprove the revision of board structure and selection, the district library shall be considered to be established pursuant to this act.

Sec. 12. (1) A board may do 1 or more of the following:

(a) Establish, maintain, and operate a public library for the district.

(b) Appoint and remove officers from among its members.

(c) Appoint and remove a librarian and necessary assistants and fix their compensation.

(d) Acquire real or personal property for use for library purposes by purchase, land contract, installment purchase contract, lease with or without option to purchase, or title retaining contract.

(e) Erect buildings.

(f) Supervise and control district library property.

(g) Enter into a contract to receive library-related service from or give library-related service to a library or a municipality within or without the district.

(h) Adopt bylaws and regulations, not inconsistent with this act, governing the board and the district library.

(i) Propose and levy upon approval of the electors as provided in this act a tax for support of the district library.

(j) Borrow money pursuant to the district library financing act, Act No. 265 of the Public Acts of 1988, being sections 397.281 to 397.290 of the Michigan Compiled Laws 1988 PA 265, MCL 397.281 TO 397.290.

(k) Issue bonds pursuant to Act No. 265 of the Public Acts of 1988 THE DISTRICT LIBRARY FINANCING ACT, 1988 PA 265, MCL 397.281 TO 397.290.

(l) Accept gifts and grants for the district library.

(m) Do any other thing necessary for conducting the district library service, the cost of which shall be charged against the district library fund.

(2) A board may reimburse a board member for necessary expenses that the member incurs in the performance of official duties. A board may compensate board members for attending meetings of the board and shall include the amount of compensation in the annual budget. Compensation shall not exceed $30.00 per board member per meeting. A board member shall not be compensated for attending more than 52 meetings per year.

(3) Money for the district library shall be paid to the board and deposited in a fund known as the district library fund. The board shall exclusively control the expenditure of money deposited in the district library fund.

Sec. 14. (1) An election for or recall of board members and an election for a districtwide tax shall be conducted under the provisions of the Michigan election law, Act No. 116 of the Public Acts of 1954, being sections 168.1 to 168.992 of the Michigan Compiled Laws 1954 PA 116, MCL 168.1 TO 168.992, and applicable provisions of the REVISED school code, of 1976, Act No. 451 of the Public Acts of 1976, being sections 380.1 to 380.1852 of the Michigan Compiled Laws 1976 PA 451, MCL 380.1 TO 380.1852, except to the extent that those provisions are inconsistent with the provisions of this act.

(2) If none of the participating municipalities are school districts, an election for a districtwide tax is governed by sections 15 to 18 and section 23. If 1 or more of the participating municipalities are school districts, an election for a districtwide tax is governed by section 15 and sections 19 to 23.

(3) If none of the participating municipalities are school districts, an election for district library board members is governed by sections 16 to 18 and section 23. If 1 or more of the participating municipalities are school districts, an election for district library board members is governed by sections 19 to 23.".

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

The question being on the passage of the bill,

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

 

 

Roll Call No. 848 Yeas--103

 

 
AdaminiGeorgeLipseySchauer
AllenGieleghemLockwoodScranton
AndersonGilbertMansShackleton
BashamGodchauxMcConicoSheltrown
BerneroGosselinMeadShulman
BirkholzHagerMeyerSpade
BisbeeHaleMiddaughStallworth
BishopHansenMinoreStamas
BogardusHardmanMortimerStewart
BovinHartMurphySwitalski
BradstreetHowellNeumannTabor
Brown, B.HummelNewellThomas
Brown, C.JacobsO'NeilToy
CallahanJamnickPalmerVan Woerkom
CaulJansenPappageorgeVander Roest
Clark, I.JelinekPattersonVander Veen
Clarke, H.Johnson, RickPestkaVear
DanielsJohnson, RuthPhillipsVoorhees
DennisJulianPlakasWaters
DeRossettKoetjePumfordWhitmer
DeWeeseKolbQuarlesWilliams
DroletKooimanReevesWojno
EhardtKowallRichardvilleWoodward
FaunceKuipersRichnerWoronchak
FrankLaSataRivetZelenko
GarzaLemmonsRocca

 

 

Nays--0

 

 

In The Chair: Julian

 

 

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

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

A bill to amend 1989 PA 24, entitled "The district library establishment act," by amending sections 6, 12, 14, and 25 (MCL 397.176, 397.182, 397.184, and 397.195).

The motion prevailed.

The House agreed to the title as amended.

 

 

______

 

 

Rep. Lipsey moved that Rep. Rich Brown 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. 4994, entitled

A bill to amend 1978 PA 368, entitled "Public health code," by amending section 16186 (MCL 333.16186), as amended by 1993 PA 80.

(The bill was received from the Senate on May 16, with substitute (S-1), full title inserted and immediate effect given by the Senate, consideration of which, under the rules, was postponed until May 21, see House Journal No. 46, p. 1587.)

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

The substitute (S-1) was concurred in, a majority of the members serving voting therefor, by yeas and nays, as follows:

 

 

Roll Call No. 849 Yeas--105

 

 
AdaminiGieleghemLockwoodRocca
AllenGilbertMansSchauer
AndersonGodchauxMcConicoScranton
BashamGosselinMeadShackleton
BerneroHagerMeyerSheltrown
BirkholzHaleMiddaughShulman
BisbeeHansenMinoreSpade
BishopHardmanMortimerStallworth
BogardusHartMurphyStamas
BovinHowellNeumannStewart
BradstreetHummelNewellSwitalski
Brown, B.JacobsO'NeilTabor
Brown, C.JamnickPalmerThomas
CallahanJansenPappageorgeToy
CaulJelinekPattersonVan Woerkom
Clark, I.Johnson, RickPestkaVander Roest
Clarke, H.Johnson, RuthPhillipsVander Veen
DanielsJulianPlakasVear
DennisKoetjePumfordVoorhees
DeRossettKolbQuarlesWaters
DeWeeseKooimanRaczkowskiWhitmer
DroletKowallReevesWilliams
EhardtKuipersRichardvilleWojno
FaunceLaSataRichnerWoodward
FrankLemmonsRisonWoronchak
GarzaLipseyRivetZelenko

George

 

 

Nays--0

 

 

In The Chair: Julian

 

 

The House agreed to the full title of the bill.

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

 

 

Second Reading of Bills

 

 

House Bill No. 6114, entitled

A bill to amend 1909 PA 279, entitled "The home rule city act," (MCL 117.1 to 117.38) by adding section 3a.

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

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

 

Rep. Waters moved to amend the bill as follows:

1. Amend page 2, line 19, after "THE" by striking out "MAYOR" and inserting "CITY COUNCIL".

2. Amend page 2, line 20, after the first "THE" by striking out "CITY COUNCIL" and inserting "MAYOR".

3. Amend page 3, line 1, after "THE" by striking out "MAYOR" and inserting "CITY COUNCIL".

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

 

Rep. Waters moved to reconsider the vote by which the House did not adopt the amendments.

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

 

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

Rep. Waters demanded the yeas and nays.

The demand was supported.

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

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

 

 

Roll Call No. 850 Yeas--35

 

 
AndersonGieleghemMinoreSpade
BashamHaleMurphyThomas
BerneroHansenNeumannWaters
BogardusHardmanO'NeilWhitmer
BovinJacobsPhillipsWilliams
Brown, B.JamnickQuarlesWojno
CallahanKolbRaczkowskiWoodward
Clark, I.LockwoodRisonZelenko
DennisMansSheltrown

 

 

Nays--62

 

 
AdaminiGeorgeLaSataRocca
AllenGilbertLemmonsSchauer
BirkholzGosselinMcConicoShackleton
BisbeeHagerMeadShulman
BishopHartMeyerStallworth
BradstreetHowellMiddaughStamas
Brown, C.HummelMortimerStewart
CaulJansenNewellSwitalski
Clarke, H.JelinekPalmerTabor
DanielsJohnson, RickPappageorgeToy
DeRossettJohnson, RuthPattersonVan Woerkom
DeWeeseJulianPumfordVander Roest
DroletKoetjeReevesVander Veen
EhardtKooimanRichardvilleVear
FaunceKowallRichnerVoorhees

Garza Kuipers

 

 

In The Chair: Julian

 

 

Rep. Hale moved to amend the bill as follows:

1. Amend page 4, following line 9, by inserting:

"Enacting section 1. This amendatory act does not take effect unless House Bill No. 5974 of the 91st Legislature is enacted into law.".

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

Rep. Hale demanded the yeas and nays.

The demand was supported.

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

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

 

 

Roll Call No. 851 Yeas--47

 

 
AndersonFrankMansRivet
BashamGarzaMcConicoSheltrown
BerneroGieleghemMinoreSpade
BogardusHaleMurphyStallworth
BovinHansenNeumannThomas
Brown, B.HardmanO'NeilWaters
Brown, R.JacobsPestkaWhitmer
CallahanJamnickPhillipsWilliams
Clark, I.KolbQuarlesWojno
Clarke, H.LemmonsRaczkowskiWoodward
DanielsLipseyReevesZelenko
DennisLockwoodRison

Nays--54

 

 
AllenGosselinLaSataShackleton
BirkholzHagerMeadShulman
BisbeeHartMeyerStamas
BishopHowellMiddaughStewart
BradstreetHummelMortimerSwitalski
Brown, C.JansenNewellTabor
CaulJelinekPalmerToy
DeRossettJohnson, RickPappageorgeVan Woerkom
DeWeeseJohnson, RuthPattersonVander Roest
DroletJulianPumfordVander Veen
FaunceKoetjeRichardvilleVear
GeorgeKooimanRichnerVoorhees
GilbertKowallRoccaWoronchak

Godchaux Kuipers

 

 

In The Chair: Julian

 

 

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

The motion prevailed.

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

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

 

By unanimous consent the House returned to the order of

Third Reading of Bills

 

 

House Bill No. 6114, entitled

A bill to amend 1909 PA 279, entitled "The home rule city act," (MCL 117.1 to 117.38) by adding section 3a.

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

 

 

Roll Call No. 852 Yeas--67

 

 
AdaminiGieleghemLaSataShackleton
AllenGilbertLemmonsSheltrown
BirkholzGodchauxLipseyShulman
BisbeeGosselinMcConicoStamas
BishopHartMeadStewart
BovinHowellMeyerTabor
BradstreetHummelMiddaughVan Woerkom
Brown, B.JansenNewellVander Roest
Brown, C.JelinekPalmerVander Veen
Brown, R.Johnson, RickPappageorgeVear
CaulJohnson, RuthPattersonVoorhees
DanielsJulianPestkaWhitmer
DeRossettKoetjePhillipsWilliams
DroletKolbPumfordWojno
FaunceKooimanRichardvilleWoodward
GarzaKowallRoccaWoronchak
GeorgeKuipersScranton

 

 

Nays--37

 

 
AndersonHagerMurphyRivet
BashamHaleNeumannSchauer
BerneroHansenO'NeilSpade
BogardusHardmanPlakasStallworth
CallahanJacobsQuarlesSwitalski
Clark, I.JamnickRaczkowskiThomas
Clarke, H.LockwoodReevesToy
DennisMansRichnerWaters
DeWeeseMinoreRisonZelenko

Frank

 

 

In The Chair: Julian

 

 

The House agreed to the title of the bill.

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

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

Reps. Lockwood, O'Neil, Clarke, Jamnick, Mans, Zelenko and Stallworth moved that their names be removed as
co-sponsors of the bill.

 

 

______

 

 

Rep. Rivet, 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 HB 6114 (H-2) for the following reasons:

It is not appropriate for the Legislature to put a question on a local ballot to amend a city charter through state legislation. This bill violates the principle of local control. Detroit's city charter sets forth a process for putting questions such as this on the ballot, and that process should be respected."

 

 

Senate Bill No. 540, entitled

A bill to authorize the state administrative board to convey certain state owned property in Macomb county; to prescribe conditions for the conveyance; and to provide for disposition of the revenue from the conveyance.

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

 

 

Roll Call No. 853 Yeas--100

 

 
AdaminiFrankLemmonsRison
AllenGeorgeLipseyRivet
AndersonGieleghemLockwoodRocca
BashamGilbertMansSchauer
BerneroGodchauxMcConicoScranton
BirkholzGosselinMeadShackleton
BisbeeHagerMeyerSheltrown
BishopHaleMiddaughShulman
BogardusHansenMinoreSpade
BovinHardmanMortimerStamas
BradstreetHartMurphyStewart
Brown, B.HowellNeumannSwitalski
Brown, C.HummelNewellTabor
Brown, R.JacobsO'NeilToy
CallahanJamnickPalmerVan Woerkom
CaulJansenPappageorgeVander Roest
Clark, I.JelinekPattersonVander Veen
Clarke, H.Johnson, RuthPestkaVear
DanielsJulianPhillipsVoorhees
DennisKoetjePlakasWhitmer
DeRossettKolbPumfordWilliams
DeWeeseKooimanQuarlesWojno
DroletKowallRaczkowskiWoodward
EhardtKuipersRichardvilleWoronchak
FaunceLaSataRichnerZelenko

 

 

Nays--1

 

 

Waters

 

 

In The Chair: Julian

 

 

The House agreed to the title of the bill.

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

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

 

 

______

 

 

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

The motion prevailed.

 

Senate Bill No. 422, entitled

A bill to amend 1961 PA 236, entitled "Revised judicature act of 1961," by repealing sections 3520 and 3615 (MCL 600.3520 and 600.3615).

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

 

 

Roll Call No. 854 Yeas--99

 

 
AdaminiGarzaLemmonsRocca
AllenGeorgeLipseySchauer
AndersonGieleghemLockwoodScranton
BashamGilbertMansShackleton
BerneroGodchauxMcConicoSheltrown
BirkholzGosselinMeadShulman
BisbeeHagerMeyerSpade
BishopHaleMiddaughStamas
BogardusHansenMinoreStewart
BovinHardmanMortimerSwitalski
BradstreetHartMurphyTabor
Brown, B.HowellNeumannToy
Brown, C.HummelNewellVan Woerkom
Brown, R.JacobsO'NeilVander Roest
CallahanJamnickPalmerVander Veen
CaulJansenPappageorgeVear
Clark, I.JelinekPattersonVoorhees
Clarke, H.Johnson, RuthPestkaWaters
DennisJulianPhillipsWhitmer
DeRossettKoetjePlakasWilliams
DeWeeseKolbPumfordWojno
DroletKooimanRaczkowskiWoodward
EhardtKowallReevesWoronchak
FaunceKuipersRichardvilleZelenko
FrankLaSataRichner

 

 

Nays--0

 

 

In The Chair: Julian

 

 

Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows:

"An act to revise and consolidate the statutes relating to the organization and jurisdiction of the courts of this state; the powers and duties of such courts, and of the judges and other officers thereof; the forms and attributes of civil claims and actions; the time within which civil actions and proceedings may be brought in said courts; pleading, evidence, practice and procedure in civil and criminal actions and proceedings in said courts; to provide remedies and penalties for the violation of certain provisions of this act; to repeal all acts and parts of acts inconsistent with or contravening any of the provisions of this act; and to repeal acts and parts of acts,".

The House agreed to the full title.

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

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

 

 

Senate Bill No. 738, entitled

A bill to amend 1961 PA 236, entitled "Revised judicature act of 1961," by amending section 2021 (MCL 600.2021).

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

 

 

Roll Call No. 855 Yeas--102

 

 
AdaminiGeorgeLockwoodRivet
AllenGieleghemMansRocca
AndersonGilbertMcConicoSchauer
BashamGodchauxMeadScranton
BerneroGosselinMeyerShackleton
BirkholzHagerMiddaughSheltrown
BisbeeHaleMinoreShulman
BishopHansenMortimerSpade
BogardusHardmanMurphyStamas
BovinHartNeumannStewart
BradstreetHowellNewellSwitalski
Brown, B.HummelO'NeilTabor
Brown, C.JacobsPalmerToy
Brown, R.JamnickPappageorgeVan Woerkom
CallahanJansenPattersonVander Roest
CaulJelinekPestkaVander Veen
Clark, I.Johnson, RuthPhillipsVear
Clarke, H.JulianPlakasVoorhees
DanielsKoetjePumfordWaters
DeRossettKolbQuarlesWhitmer
DeWeeseKooimanRaczkowskiWilliams
DroletKowallReevesWojno
EhardtKuipersRichardvilleWoodward
FaunceLaSataRichnerWoronchak
FrankLemmonsRisonZelenko

Garza Lipsey

Nays--0

 

 

In The Chair: Julian

 

 

Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows:

"An act to revise and consolidate the statutes relating to the organization and jurisdiction of the courts of this state; the powers and duties of such courts, and of the judges and other officers thereof; the forms and attributes of civil claims and actions; the time within which civil actions and proceedings may be brought in said courts; pleading, evidence, practice and procedure in civil and criminal actions and proceedings in said courts; to provide remedies and penalties for the violation of certain provisions of this act; to repeal all acts and parts of acts inconsistent with or contravening any of the provisions of this act; and to repeal acts and parts of acts,".

The House agreed to the full title.

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

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

 

______

 

 

Rep. Callahan moved that Rep. Frank be excused temporarily from today's session.

The motion prevailed.

 

Rep. Sheltrown moved that Rep. Neumann be excused temporarily from today's session.

The motion prevailed.

 

 

House Bill No. 5971, entitled

A bill to amend 1978 PA 368, entitled "Public health code," by amending sections 16299, 17014, and 17015 (MCL 333.16299, 333.17014, and 333.17015), section 17014 as added by 1993 PA 133 and section 17015 as amended by 2000 PA 345.

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

 

 

Roll Call No. 856 Yeas--72

 

 
AllenGieleghemMansRocca
BashamGilbertMeadSchauer
BirkholzGosselinMeyerShackleton
BisbeeHagerMiddaughSheltrown
BishopHartMortimerShulman
BovinHowellNewellSpade
BradstreetHummelO'NeilStamas
Brown, B.JansenPalmerStewart
Brown, C.JelinekPappageorgeSwitalski
Brown, R.Johnson, RickPattersonTabor
CallahanJohnson, RuthPestkaVan Woerkom
CaulJulianPlakasVander Roest
DeRossettKoetjePumfordVander Veen
DeWeeseKooimanRaczkowskiVear
DroletKowallRichardvilleVoorhees
EhardtKuipersRichnerWojno
FaunceLaSataRisonWoodward
GeorgeLockwoodRivetWoronchak

 

 

Nays--28

 

 
AdaminiDennisKolbQuarles
AndersonGarzaLemmonsScranton
BerneroGodchauxLipseyStallworth
BogardusHaleMcConicoToy
Clark, I.HansenMinoreWhitmer
Clarke, H.JacobsMurphyWilliams
DanielsJamnickPhillipsZelenko

 

 

In The Chair: Julian

 

 

The House agreed to the title of the bill.

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

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

 

 

Senate Bill No. 415, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," (MCL 324.101 to 324.90106) by adding section 72113.

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

 

 

Roll Call No. 857 Yeas--103

 

 
AdaminiGarzaLemmonsRivet
AllenGeorgeLipseyRocca
AndersonGieleghemLockwoodSchauer
BashamGilbertMansScranton
BerneroGodchauxMcConicoShackleton
BirkholzGosselinMeadSheltrown
BisbeeHagerMeyerShulman
BishopHaleMiddaughSpade
BogardusHansenMinoreStallworth
BovinHardmanMortimerStamas
BradstreetHartMurphyStewart
Brown, B.HowellNeumannSwitalski
Brown, C.HummelNewellTabor
Brown, R.JacobsO'NeilToy
CallahanJamnickPalmerVan Woerkom
CaulJansenPappageorgeVander Roest
Clark, I.JelinekPattersonVander Veen
Clarke, H.Johnson, RickPestkaVear
DanielsJohnson, RuthPhillipsVoorhees
DennisJulianPlakasWaters
DeRossettKoetjePumfordWhitmer
DeWeeseKolbQuarlesWojno
DroletKooimanReevesWoodward
EhardtKowallRichardvilleWoronchak
FaunceKuipersRichnerZelenko
FrankLaSataRison

 

 

Nays--0

 

 

In The Chair: Julian

 

 

Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows:

"An act to protect the environment and natural resources of the state; to codify, revise, consolidate, and classify laws relating to the environment and natural resources of the state; to regulate the discharge of certain substances into the environment; to regulate the use of certain lands, waters, and other natural resources of the state; to prescribe the powers and duties of certain state and local agencies and officials; to provide for certain charges, fees, and assessments; to provide certain appropriations; to prescribe penalties and provide remedies; to repeal certain parts of this act on a specific date; and to repeal certain acts and parts of acts,".

The House agreed to the full title.

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

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

 

 

House Bill No. 4754, entitled

A bill to amend 1954 PA 116, entitled "Michigan election law," by amending section 482 (MCL 168.482), as amended by 1998 PA 142.

(The bill was read a third time and postponed for the day on May 28, see House Journal No. 50, p. 1763.)

The question being on the passage of the bill,

 

Reps. Quarles and Gosselin moved to amend the bill as follows:

1. Amend page 1, line 5, after "SHEET" by inserting a comma and "IN EITHER HORIZONTAL OR VERTICAL FORMAT,".

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

The question being on the passage of the bill,

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

 

 

Roll Call No. 858 Yeas--99

 

 
AdaminiGeorgeLemmonsSchauer
AllenGieleghemLipseyShackleton
AndersonGilbertLockwoodSheltrown
BashamGodchauxMansShulman
BerneroGosselinMcConicoSpade
BirkholzHagerMeadStallworth
BisbeeHaleMeyerStamas
BishopHansenMiddaughStewart
BogardusHardmanMortimerSwitalski
BovinHartMurphyTabor
BradstreetHowellNewellThomas
Brown, B.HummelO'NeilToy
Brown, C.JacobsPalmerVan Woerkom
Brown, R.JamnickPappageorgeVander Roest
CaulJansenPattersonVander Veen
Clark, I.JelinekPestkaVear
Clarke, H.Johnson, RickPlakasVoorhees
DennisJohnson, RuthPumfordWaters
DeRossettJulianQuarlesWhitmer
DeWeeseKoetjeRaczkowskiWilliams
DroletKolbRichardvilleWojno
EhardtKooimanRichnerWoodward
FaunceKowallRisonWoronchak
FrankKuipersRivetZelenko
GarzaLaSataRocca

 

 

Nays--1

 

 

Callahan

 

 

In The Chair: Julian

The House agreed to the title of the bill.

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

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

 

 

______

 

 

Rep. Neumann, under Rule 33, made the following statement:

"Mr. Speaker and members of the House:

I was absent from the Chamber when the vote was taken on Roll Call No. 856. Had I been present, I would have voted 'yea'."

 

By unanimous consent the House returned to the order of

Messages from the Senate

 

 

The Speaker laid before the House

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 bill was received from the Senate on May 15, with substitute (S-2), full title inserted and immediate effect given by the Senate, consideration of which, under the rules, was postponed until May 16, see House Journal No. 45, p. 1548.)

The question being on concurring in the substitute (S-2) made to the bill by the Senate,

 

Reps. Allen, Bradstreet and Rivet moved to amend the Senate substitute (S-2) as follows:

1. Amend page 4, line 21, after "streams." by inserting "THE DEPARTMENT SHALL NOT RESTRICT CHILDREN UNDER 12 YEARS OLD FROM TAKING A MINIMUM OF 1 FISH IN ANY TROUT STREAM.".

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

 

Reps. Allen, Bradstreet and Rivet moved to amend the Senate substitute (S-2) as follows:

1. Amend page 4, line 21, after "streams." by inserting "THE DEPARTMENT SHALL NOT RESTRICT CHILDREN UNDER 12 YEARS OLD FROM TAKING A MINIMUM OF 1 FISH, EXCEPT FOR STURGEON (ACIPENSER FULVESCENS), IN ANY TROUT STREAM.".

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

The question being on concurring in the substitute (S-2) made to the bill by the Senate,

The substitute (S-2), as amended, was concurred in, a majority of the members serving voting therefor, by yeas and nays, as follows:

 

 

Roll Call No. 859 Yeas--91

 

 
AdaminiGeorgeLipseyShackleton
AllenGieleghemLockwoodSheltrown
AndersonGilbertMansShulman
BashamHagerMcConicoSpade
BirkholzHaleMeadStallworth
BisbeeHansenMeyerStamas
BishopHardmanMinoreStewart
BogardusHowellMortimerSwitalski
BovinHummelMurphyTabor
BradstreetJacobsNeumannToy
Brown, B.JamnickNewellVan Woerkom
Brown, C.JansenPappageorgeVander Roest
Brown, R.JelinekPattersonVander Veen
CallahanJohnson, RickPestkaVear
Clarke, H.Johnson, RuthPhillipsVoorhees
DanielsJulianPlakasWaters
DennisKoetjePumfordWhitmer
DeRossettKolbRaczkowskiWilliams
DeWeeseKooimanRichardvilleWojno
DroletKowallRivetWoodward
FaunceKuipersRoccaWoronchak
FrankLaSataSchauerZelenko
GarzaLemmonsScranton

 

 

Nays--3

 

 

Caul Middaugh Palmer

 

 

In The Chair: Julian

 

 

The House agreed to the full title of the bill.

 

 

Notices

 

 

The Speaker appointed as conferees, on the part of the House of Representatives for Senate Bill No. 1103, Reps. Jelinek, Godchaux and Switalski.

 

 

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 23:

Senate Bill Nos. 1349 1350 1351 1352 1353 1354 1355 1358 1359 1360

 

The Clerk announced that the following bills had been printed and placed upon the files of the members, Friday, May 24:

Senate Bill Nos. 1356 1357

 

The Clerk announced that the following bills had been printed and placed upon the files of the members, Wednesday, May 29:

House Bill Nos. 6129 6130 6131 6132 6133 6134 6135 6136 6137 6138 6139 6140

 

The Clerk announced that the following Senate bills had been received on Wednesday, May 29:

Senate Bill Nos. 554 555 556 557 1125 1337

 

By unanimous consent the House returned to the order of

Messages from the Senate

 

 

Senate Bill No. 554, entitled

A bill to amend 1974 PA 258, entitled "Mental health code," by amending section 100c (MCL 330.1100c), as added by 1995 PA 290.

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. 555, entitled

A bill to amend 1974 PA 258, entitled "Mental health code," (MCL 330.1001 to 330.2106) by adding section 204b.

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. 556, entitled

A bill to amend 1974 PA 258, entitled "Mental health code," by amending section 226 (MCL 330.1226), as amended by 2000 PA 273.

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. 557, entitled

A bill to amend 1974 PA 258, entitled "Mental health code," by amending section 222 (MCL 330.1222), as amended by 1995 PA 290.

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. 1125, entitled

A bill to amend 1956 PA 218, entitled "The insurance code of 1956," (MCL 500.100 to 500.8302) by adding section 401.

The Senate has passed the bill.

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

 

 

Senate Bill No. 1337, entitled

A bill to amend 1974 PA 258, entitled "Mental health code," (MCL 330.1001 to 330.2106) by adding section 232b.

The Senate has passed the bill.

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

 

 

The Senate requested the return of

Senate Bill No. 143, entitled

A bill to amend 1976 PA 451, entitled "The revised school code," by amending sections 951, 954, 955, and 971 (MCL 380.951, 380.954, 380.955, and 380.971), section 951 as amended by 1990 PA 147 and section 971 as amended by 1995 PA 289, and by adding section 957.

The message was referred to the Clerk for record.

 

By unanimous consent the House returned to the order of

Motions and Resolutions

 

 

Reps. Hummel, DeRossett, Sheltrown, Ehardt, Shulman, Mead, Bovin, Vander Roest, Scranton, Richardville, Kooiman, Stewart, Bernero, Neumann, Voorhees, Toy, Julian, Bradstreet, Vander Veen, Gosselin, Drolet, Meyer, George, Faunce, Newell, Jansen, Rocca, Howell, Frank, Koetje, Patterson, Raczkowski, Kuipers, DeWeese, Van Woerkom, Middaugh, Jelinek, Shackleton, Switalski, Schauer, Spade, Lockwood, Zelenko, Hansen, Hager, Bishop, Jacobs, Richner, Woodward, Caul, Vear, Lipsey, Phillips, Wojno, Murphy, Callahan, Clarke, Dennis, Pappageorge, LaSata, Adamini, Anderson, Reeves, Hardman, Jamnick, Whitmer, Rich Brown, Lemmons, Ruth Johnson and Birkholz offered the following resolution:

House Resolution No. 459.

A resolution commemorating the centennial anniversary of 4-H and expressing appreciation for the valuable contributions it has made to the citizens of Michigan, the United States, and around the world.

Whereas, We are proud to join with the members, officers, and friends of 4-H as they gather to mark the 100th anniversary of this worldwide organization. This milestone is a reflection of the tireless commitment of faithful volunteers, families, communities, and the young people who truly reflect the motto of 4-H, "To make the best better."; and

Whereas, 4-H stands for the values that has contributed to the pride associated with fine citizenship, dignity, and character. While most know of 4-H and the contributions it makes to their local community, some are unaware that the name is derived from their mission and pledge:

 

I pledge

My head to clearer thinking

My heart to greater loyalty

My hands to larger service and

My health to better living

For my club, my community, my country, and my world.

; and

Whereas, The goals of 4-H are not limited to the enrichment of one community, the state of Michigan, or the United States, the impact of 4-H has benefited people throughout the world through leadership development, service to others, and the environment; and

Whereas, With ceremonies rightfully taking place throughout many regions of the country and in many counties throughout Michigan, the members and officers of 4-H will remember the vision of many people and the hours and years of commitment that has brought the group to this point. Fittingly, as they look to the past, they will also be casting an eye to the future and to the many ways in which 4-H will continue to reach out in our state and around the world; now, therefore, be it

Resolved by the House of Representatives, That the members of this legislative body commemorate the centennial anniversary of 4-H and express appreciation for the valuable contributions it has made to the citizens of Michigan, the United States, and around the world; and be it further

Resolved, That a copy of this resolution be transmitted to the Michigan 4-H as evidence of our admiration.

Pending the reference of the resolution to a committee,

Rep. Patterson moved that Rule 77 be suspended and the resolution be considered at this time.

The motion prevailed, 3/5 of the members present voting therefor.

The question being on the adoption of the resolution,

The resolution was adopted.

 

 

Reps. Hager, DeRossett, Sheltrown, Bogardus, Hale, Ehardt, Shulman, Mead, Bovin, Vander Roest, Scranton, Richardville, Kooiman, Stewart, Bernero, Neumann, Voorhees, Toy, Julian, Bradstreet, Vander Veen, Gosselin, Drolet, Meyer, George, Faunce, Jansen, Rocca, Howell, Koetje, Raczkowski, Kuipers, DeWeese, Van Woerkom, Middaugh, Jelinek, Shackleton, Switalski, Schauer, Spade, Lockwood, Zelenko, Hansen, Bishop, Jacobs, Richner, Woodward, Caul, Vear, Lipsey, Phillips, Wojno, Murphy, Callahan, Clarke, Dennis, Pappageorge, LaSata, Adamini, Anderson, Reeves, Hardman, Jamnick, Whitmer, Rich Brown, Lemmons and Birkholz offered the following resolution:

House Resolution No. 460.

A resolution congratulating the Michigan Association of Retired School Personnel (MARSP) upon the celebration of their 50th anniversary.

Whereas, The Michigan Retired Public School Employees Association was founded in Detroit, Michigan on December 15, 1951, as a department of the Michigan Education Association (MEA). In 1953, they began publishing the Vanguard, an educational newsletter for retired school employees that still exists today; and

Whereas, The Michigan Retired Public School Employees Association broke ties with MEA when they became an organized employee union and, on August 24, 1954, affiliated with the National Retired Teachers Association; and

Whereas, In 1965, the Michigan Retired Public School Employees Association officially changed their name to the Michigan Retired Teachers Association and, in 1969, joined the newly developed Retirement Coordinating Council; and

Whereas, In 1974, the Michigan Retired Teachers Association approved a new constitution and changed their name to the Michigan Association of Retired School Personnel; and

Whereas, In 1983, MARSP's membership rejected a merger proposal from the Michigan Education Association, moved their association headquarters from Detroit to Lansing, and became a completely independent association; and

Whereas, In 1992, construction was begun on the new MARSP Center located at the corner of Jolly and Collins Road near Lansing and, in April of 1993, the MARSP Center was dedicated and opened as the new home of the Michigan Association of Retired School Personnel; now, therefore, be it

Resolved by the House of Representatives, That the members of this legislative body congratulate the Michigan Association of Retired School Personnel (MARSP) upon the celebration of their 50th anniversary. We join retired school employees from around the country in congratulating MARSP and their 40,000 members on the event of the celebration of their 50th anniversary and commend them for their efforts on behalf of current and retired public school employees; and be it further

Resolved, That a copy of this resolution be transmitted to the Michigan Association of Retired School Personnel as a token of our esteem.

Pending the reference of the resolution to a committee,

Rep. Patterson moved that Rule 77 be suspended and the resolution be considered at this time.

The motion prevailed, 3/5 of the members present voting therefor.

The question being on the adoption of the resolution,

The resolution was adopted.

 

 

Reps. Kooiman, Pestka, DeRossett, Sheltrown, Hale, Ehardt, Shulman, Mead, Bovin, Vander Roest, Scranton, Richardville, Stewart, Bernero, Neumann, Voorhees, Toy, Julian, Bradstreet, Vander Veen, Gosselin, Drolet, Meyer, George, Faunce, Jansen, Rocca, Howell, Koetje, Raczkowski, Kuipers, DeWeese, Van Woerkom, Jelinek, Shackleton,

Switalski, Schauer, Spade, Lockwood, Zelenko, Hansen, Hager, Bishop, Jacobs, Richner, Woodward, Caul, Vear, Lipsey, Phillips, Murphy, Callahan, Clarke, Dennis, Pappageorge, LaSata, Adamini, Anderson, Jamnick, Whitmer, Rich Brown, Lemmons and Birkholz offered the following resolution:

House Resolution No. 461.

A resolution recognizing and commending the Michigan Association of Public Employee Retirement Systems.

Whereas, It is with deep appreciation for all of the hard work, commitment, and planning that we recognize and commend the Michigan Association of Public Employee Retirement Systems (MAPERS) and Grand Valley State University for the development of the MAPERS Achievement Program. The primary purpose of the Michigan Association of Public Employee Retirement Systems is to promote of Michigan's public employee retirement systems and retiree health care plans through the education of their trustees, administrators, and other professionals; and

Whereas, The MAPERS Achievement Program is designed to provide formal education in the areas of fiduciary responsibility and benefits administration. Furthermore, the MAPERS curriculum is structured to provide a broad based educational foundation. Its curriculum is divided into three categories: Category I - Pension Fundamental Series; Category II - Institutional Investment; and Category III - Benefits Administration; and

Whereas, The MAPERS' motto is, "Tomorrow's Future Through Today's Education". MAPERS strives for and facilitates the discussion and mutual exchange of ideas on topics of retiree benefits, administration, and trust fund investment; now, therefore, be it

Resolved by the House of Representatives, That the members of this legislative body recognize and commend the Michigan Association of Public Employee Retirement Systems. We commend them for their development of and Grand Valley State University's support of the MAPERS Achievement Program; and be it further

Resolved, That a copy of this resolution be transmitted to Michigan Association of Public Employee Retirement Systems and Grand Valley State University as a token of our esteem.

Pending the reference of the resolution to a committee,

Rep. Patterson moved that Rule 77 be suspended and the resolution be considered at this time.

The motion prevailed, 3/5 of the members present voting therefor.

The question being on the adoption of the resolution,

The resolution was adopted.

 

 

Reps. Dennis, Schauer, Pestka, DeRossett, Sheltrown, Bogardus, Hale, Ehardt, Shulman, Bovin, Scranton, Richardville, Stewart, Bernero, McConico, Neumann, Toy, Julian, Basham, Vander Veen, Drolet, Faunce, Jansen, Rocca, Frank, Raczkowski, Kuipers, DeWeese, Van Woerkom, Jelinek, Switalski, Spade, Lockwood, Zelenko, Hansen, Hager, Jacobs, Richner, Minore, Woodward, Lipsey, Phillips, Wojno, Murphy, Callahan, Clarke, Pappageorge, Adamini, Plakas, Anderson, Reeves, Hardman, Clark, Jamnick, Whitmer, Rich Brown and Lemmons offered the following resolution:

House Resolution No. 462.

A resolution commemorating the 100th anniversary of Local No. 275 of the International Brotherhood of Electrical Workers and to express appreciation for their valuable contributions in Michigan.

Whereas, It is with deep appreciation for the significance of this milestone that we commend Local No. 275 of the International Brotherhood of Electrical Workers upon the occasion of its 100th anniversary; and

Whereas, Local No. 275 of the International Brotherhood of Electrical Workers was formed on June 19, 1902, in Muskegon, Michigan. Charter members included E.B. Morey, William Steiner, A.D. Morey, Charles Hammond, William Hammond, Ed Hughes, J. Hoyt, E. Plunkett, and William Frost; and

Whereas, Local No. 275 merged with Local No. 107 in Grand Rapids, Michigan, in 1996, and has expanded its jurisdiction to 14 Michigan counties; and

Whereas, From this original contingent of members, Local No. 275 has grown to a present membership of 1,033, which includes inside and residential wiremen, electric motor repairmen, cable television installers, maintenance men, voice-data-video, traffic signals, television technicians, and manufacturing shops such as Evans Tempcon, Harlo Corporation, Bekaert Wire, and Wood TV. They also have a school-to-work program which works with high school students; and

Whereas, Among the numerous notable monuments to the energy and dedication of Local No. 275 to their craft, are B.C. Cobb Power Plant in Muskegon, J.H. Campbell Plant in Port Sheldon, Mirant Power Plant in Zeeland, Renaissance Power Project in Carson City, and the Sappi Paper Mill in Muskegon; and

Whereas, It is also appropriate to note that the membership of Local No. 275 has been most generous in devoting its time, talent, and money to various charitable activities such as the Habitat For Humanity, United Way, Dollars for Diabetes, and the Special Olympics; and

Whereas, Local No. 275 has consistently been at the forefront of the struggle for human dignity and worth and has brought a reasoned approach to the problems of working men and women; now, therefore, be it

Resolved by the House of Representatives, T\hat the members of this legislative body commemorate the100th anniversary of Local No. 275 of the International Brotherhood of Electrical Workers and to express appreciation for their valuable contributions in Michigan; and be it further

Resolved, That a copy of this resolution be transmitted to Local No. 275 of the International Brotherhood of Electrical Workers as evidence of our esteem.

Pending the reference of the resolution to a committee,

Rep. Patterson moved that Rule 77 be suspended and the resolution be considered at this time.

The motion prevailed, 3/5 of the members present voting therefor.

The question being on the adoption of the resolution,

The resolution was adopted.

 

 

Reps. Drolet, Palmer, Bradstreet, Vear and Gosselin introduced the following resolution:

House Resolution No. 463.

A resolution expressing our support for constitutionally protected First Amendment freedom of speech rights.

Whereas, The American principles of good government, the rule of law, individual liberty, and economic freedom are impossible to achieve without the guaranteed protection of fundamental political and civil rights; and

Whereas, Perhaps the most fundamental and important of political and civil rights is that of free speech; and

Whereas, Our Founding Fathers, recognizing the importance of free speech, guaranteed its protection in the First Amendment of our constitution. Free speech, especially free political speech, is necessary for a healthy and free society; and

Whereas, The Michigan Constitution reiterates this sentiment in Article I, Section 5, proclaiming, "Every person may freely speak, write, express and publish his views on all subjects, being responsible for the abuse of such right; and no law shall be enacted to restrain or abridge the liberty of speech or of the press."; and

Whereas, Some organizations and individuals attempt to stifle the constitutionally protected right of free speech through lawsuits or other frivolous challenges to the First Amendment; and

Whereas, We stand in moral opposition to the plaintiffs in the case of Battaglieri v. Mackinac Center and to all organizations and individuals who attempt to abuse the legal system in order to hinder the constitutionally protected right of free expression. We stand in moral support of organizations, such as the Michigan-based Mackinac Center for Public Policy, that are forced defend their constitutional rights; now, therefore, be it

Resolved by the House of Representatives, That we express support for our constitutionally protected First Amendment freedom of speech rights; and be it further

Resolved, That a copy of this resolution be transmitted to the Mackinac Center for Public Policy.

The resolution was referred to the Committee on House Oversight and Operations.

 

 

Reps. Lemmons, DeRossett, Sheltrown, Hale, Ehardt, Shulman, Bovin, Richardville, Bernero, McConico, Neumann, Vander Veen, Drolet, Garza, Rocca, Koetje, DeWeese, Van Woerkom, Jelinek, Shackleton, Switalski, Spade, Lockwood, Zelenko, Hansen, Hager, Bishop, Jacobs, Richner, Minore, Woodward, Lipsey, Phillips, Wojno, Murphy, Clarke, Pappageorge, Adamini, Anderson, Hardman, Clark, Jamnick, Whitmer and Rich Brown offered the following resolution:

House Resolution No. 464.

A resolution honoring Reverend Dr. Mable E. Allen on her birthday and pastoral anniversary.

Whereas, The observance of the birthday and pastoral anniversary of Reverend Dr. Mable E. Allen is an event of significance far beyond the reaches of Rhema Church of the Living God and the city of Detroit. In her long and devoted efforts to offer spiritual and personal guidance to others through her ministry, this dedicated and unselfish woman has touched many lives through the power of faith. Gifts like these are of importance to everyone; and

Whereas, Reverend Dr. Mable E. Allen founded Rhema Church of the Living God over 13 years ago and it has been at its present location on Detroit's east side at 4719 Cadieux Road for the past nine years. Reverend Dr. Allen graduated from Northern High School and received her degree in guidance and counseling/psychology from Wayne State University. She has been bestowed an Honorary Doctorate of Divinity from Harvard University; and

Whereas, In the years since Reverend Dr. Mable E. Allen came to work with the individuals and families at Rhema Church of the Living God, the congregation has come to highly value all of the talents of this outstanding and effective spiritual leader. Whether helping people celebrate the great turning points in life, like weddings and baptisms, or by sharing the sad moments of a loved one's passing, Reverend Dr. Mable E. Allen has brought the peace of deep faith in every situation; and

Whereas, As Pastor of Rhema Church, Reverend Dr. Allen has strengthened her congregation and her community. She has inspired and encouraged many through her powerful words which stem from her inexhaustible faith. Through leadership development, she equips and prepares those who have been called to service in the ministry and community. Reverend Dr. Allen also organized a youth group, which provides supervised activities and encourages young people in spiritual, academic, and social excellence. She has established both a youth mentor program, The Twelve, and a men's ministry program called "Men of Valor". She has always sought to restore the family as an institution and reestablish the foundation of family values. Reverend Dr. Allen enhances the life skills necessary to acquire and maintain independent and successful community living through her New Beginnings, a women's transitional house, and Valor, a men's transitional house; and

Whereas, In 1989, she joined in a ministry partnership with Pilgrim Assemblies International of Brooklyn, New York and is presently the Jurisdictional Presbyter of the state of Michigan, as well as, the Special Assistant to the presiding Prelate, the Honorable Archbishop Roy E. Brown. Her numerous community-based services include her Rhema Community Development Corporation and the Millennium Refuge; and

Whereas, Reverend Dr. Allen has many exciting and worthwhile programs ahead, including the fine books and instructional cassettes distributed by her own publishing company. Through those who have been blessed by these works, the entire community has been enriched; now, therefore, be it

Resolved by the House of Representatives, That the members of this legislative body honor Reverend Dr. Mable E. Allen on her birthday and pastoral anniversary. Our great state is blessed that she chose Michigan for her heavenly mission; and be it further

Resolved, That a copy of this resolution be transmitted to Reverend Dr. Mable E. Allen as a symbol of our esteem.

Pending the reference of the resolution to a committee,

Rep. Patterson moved that Rule 77 be suspended and the resolution be considered at this time.

The motion prevailed, 3/5 of the members present voting therefor.

The question being on the adoption of the resolution,

The resolution was adopted.

 

 

Reps. Lemmons, DeRossett, Sheltrown, Hale, Ehardt, Shulman, Bernero, McConico, Neumann, Vander Veen, Drolet, Garza, DeWeese, Shackleton, Switalski, Spade, Lockwood, Zelenko, Hansen, Hager, Jacobs, Minore, Woodward, Lipsey, Phillips, Wojno, Murphy, Clarke, Pappageorge, Adamini, Anderson, Reeves, Hardman, Clark, Jamnick, Whitmer, Rich Brown and Birkholz offered the following resolution:

House Resolution No. 465.

A resolution honoring the life of Marsha Annette Rogers.

Whereas, The tragic death of Marsha Annette Rogers brings to a sudden and sad close an era of dedicated service to the young people of the city of Detroit. However, her proud and inspiring legacy lives on in the memories of students, coworkers, parents, family, and friends. We express our appreciation and respect for the life of this most devoted professional; and

Whereas, Marsha Annette Rogers was born to Mary Louise and the late Curtis Rogers. She was the caring sister of 12 siblings. Besides being a loving daughter and devoted sister, she was the proud mother of Ayanna Kinda; and

Whereas, Marsha Rogers inspired her siblings by becoming the first in the family to graduate from college at Oakland University in May of 1974 with a Bachelor of Science in education. She went on to get her Master of Arts in teaching in 1978 and encouraged and actually helped her siblings to attain college educations. Marsha Rogers taught history and civics, as well as, economics and social studies. Her caring commitment to the children and citizens of Detroit brought her much recognition and awards for her exemplary duty, service, and contributions. She was a perfect attendance honoree for many years; and

Whereas, In her 27 years as a teacher, Marsha Rogers followed the noble pursuit of educating young people, a tradition that always has been an important part of Michigan's heritage. In her work at Paul Robeson Academy, where she taught economics and social studies, and in her previous teaching roles at Bates Academy and in the Detroit Public School System beginning in 1974, she instilled life-long skills and helped build self-confidence in thousands of youngsters who have grown to adulthood as capable and upstanding citizens. Though the tools used by modern day teachers are far different than the slates and one-room schools of yesteryear, Marsha Rogers had much in common with teachers from our pioneer era who worked so hard to build the future of this state through its children; and

Whereas, Marsha Rogers was a teacher's assistant for the Detroit Academic Games Program at Bates Academy, and helped produce national award winning teams. As the dynamic debate coach of the Middle School Debate League, she produced award winning teams at Bates Academy and Paul Robeson Academy. In addition, she was the teacher coordinator of the national award winning chess team at Paul Robeson Academy. Her contributions to her city did not stop at the schoolhouse door. She participated in many community and civic activities and was a member of the Fellowship Chapel United Church of Christ, where she served as a mentor for girls and was a parent volunteer for the Tots Assembly; and

Whereas, During Marsha Roger's years in the classroom many changes occurred in our society that affected the learning process. Her ability to meet the challenge and cope with a changing world required not only skill, but a deep sense of emotional concern as well. We thank Marsha for passing this legacy on to our rising generations. Sadly, this dedication and hard work was untimely ended when, on July 10, 2001, Marsha Annette Rogers was struck down by a car, along with her dear friend and fellow teacher, Terri George Mills-Ossman; now, therefore, be it

Resolved by the House of Representatives, That the members of this legislative body honor the life of Marsha Annette Rogers; and be it further

Resolved, That a copy of this resolution be transmitted to the family of Marsha Annette Rogers as a token of our respect for her fine work.

The question being on the adoption of the resolution,

The resolution was adopted.

 

 

Reps. Lemmons, DeRossett, Sheltrown, Hale, Ehardt, Shulman, Bernero, McConico, Neumann, Vander Veen, Drolet, Garza, DeWeese, Shackleton, Switalski, Spade, Lockwood, Zelenko, Hansen, Hager, Jacobs, Minore, Woodward, Lipsey, Phillips, Wojno, Murphy, Clarke, Pappageorge, Adamini, Anderson, Reeves, Hardman, Clark, Jamnick, Whitmer, Rich Brown and Birkholz offered the following resolution:

House Resolution No. 466.

A resolution honoring the life of Terri George Mills-Ossman.

Whereas, The tragic death of Terri George Mills-Ossman brings to a sudden and sad close an era of dedicated service to the young people of the city of Detroit. However, her proud and inspiring legacy lives on in the memories of students, coworkers, parents, family, and friends. We express appreciation and respect for this most devoted professional; and

Whereas, Terri George Mills-Ossman was born to the late George and Bessie Mills on September 20, 1952, and was the youngest of three sisters. She developed an interest in reading and a love for learning. Terri made many friends and was respected by teachers at Pingree Elementary School, Joy Middle School, and Finney High School. She received her Bachelor of Science in Sociology and a Masters of Education at Wayne State University. Her dedication to, and enthusiasm for, learning, touched the lives of her many students and encouraged them to be readers and life-long learners; and

Whereas, Terri George Mills-Ossman married her beloved Nito DeWitt Ossman on October 24, 1981. She was the proud mother of two sons, Khari Rashard and Chad Ryan. Her loving memory will be cherished, not only by her husband and sons, but by her two sisters, Myra Perry and Maxine Mills; her three nieces, Tracy, Cristal, and Andrea Perry; her great-nephew, Christopher Ackerman; her great-niece, Micah Perry; her mother-in-law, Cora Ossman; her brother-in-law, Timothy Ossman, and many other family members and friends; and

Whereas, Terri George Mills-Ossman was also a long-standing member of the Hartford Memorial Baptist Church in Detroit and rededicated her life to Christ on June 23, 1996; and

Whereas, In her 24 years as a teacher, Terri George Mills-Ossman followed the noble pursuit of educating young people, a tradition that always has been an important part of Michigan's heritage. In her work as a reading specialist at Spain Elementary, and in her previous teaching roles at Harris Elementary, Duffield Elementary, Bates Academy, Chrysler Elementary, Stark Elementary, and in the Detroit Public School System beginning in 1977, she instilled life-long skills and helped build self-confidence in thousands of youngsters who have grown to adulthood as capable and outstanding citizens. Though the tools used by modern day teachers are far different than the slates and one-room schools of yesteryear, Terri George Mills-Ossman had much in common with teachers from our pioneer era who worked so hard to build the future of this state through its children; and

Whereas, During Terri George Mills-Ossman's years in the classroom, many changes occurred in our society that affected the learning process. Her ability to meet the challenge and cope with a changing world required not only skill, but a deep sense of emotional concern as well. The kindness, compassion, and patience which were a part of her nature stood her in good stead in this profession. We thank Terri for passing this legacy on to our rising generations. Sadly, this dedication and hard work was untimely ended when, on July 10, 2001, Terri George Mills-Ossman was struck down by a car, along with her dear friend and fellow teacher, Marsha Annette Rogers; now, therefore, be it

Resolved by the House of Representatives, That the members of this legislative body honor the life of Terri George Mills-Ossman; and be it further

Resolved, That a copy of this resolution be transmitted to the family of Terri George Mills-Ossman as a token of our respect for her fine work.

The question being on the adoption of the resolution,

The resolution was adopted.

 

 

Reps. Jamnick, DeRossett, Sheltrown, Bogardus, Hale, Ehardt, Shulman, Bovin, Vander Roest, Scranton, Richardville, Bernero, McConico, Neumann, Voorhees, Toy, Julian, Basham, Bradstreet, Vander Veen, Drolet, George, Faunce, Jansen, Rocca, Frank, Koetje, Patterson, Raczkowski, DeWeese, Van Woerkom, Jelinek, Switalski, Schauer, Spade, Lockwood, Zelenko, Hansen, Hager, Bishop, Jacobs, Richner, Minore, Woodward, Vear, Lipsey, Phillips, Wojno, Murphy, Callahan, Clarke, Dennis, Pappageorge, LaSata, Adamini, Plakas, Anderson, Reeves, Hardman, Whitmer, Rich Brown, Lemmons and Birkholz offered the following resolution:

House Resolution No. 467.

A resolution honoring the Willow Run High School Robotics Team.

Whereas, The Willow Run High School Robotics Team has brought honor and distinction to the Willow Run Community School District. The robotics students from the district of Willow Run Community Schools entered a competition called "FIRST" - For Inspiration and Recognition of Science and Technology. They were among 283 teams competing for the national championship; and

Whereas, The Willow Run High School Robotics Team became a finalist in the West Michigan Regional Competition held in Grand Rapids on April 4 through April 6, 2002. This placement enabled them to move forward to the national robotics competition held on April 25 through April 27, 2002, at Disney's Epcot Center in Orlando, Florida; and

Whereas, This outstanding team of students won their division in Florida and moved onto the finals in which they partnered with teams from Indiana and Connecticut. This partnering proved to be the winning combination as the teams emerged as the winners of the national championship. The Willow Run High School Robotics Team became the first General Motors sponsored team to receive this title; now, therefore, be it

Resolved by the House of Representatives, That the members of this legislative body honor the Willow Run High School Robotics Team; and be it further

Resolved, That a copy of this resolution be transmitted to the members of the Robotics Team and their support team as evidence of our admiration for this achievement and the honor the students have brought to both the Willow Run Community Schools and the state of Michigan.

Pending the reference of the resolution to a committee,

Rep. Patterson moved that Rule 77 be suspended and the resolution be considered at this time.

The motion prevailed, 3/5 of the members present voting therefor.

The question being on the adoption of the resolution,

The resolution was adopted.

 

 

Introduction of Bills

 

 

Reps. Van Woerkom, Hart, Gosselin and Kuipers introduced

House Bill No. 6141, entitled

A bill to amend 1936 (Ex Sess) PA 1, entitled "Michigan employment security act," by amending section 29 (MCL 421.29), as amended by 2002 PA 192.

The bill was read a first time by its title and referred to the Committee on Employment Relations, Training and Safety.

 

 

Rep. Scranton introduced

House Bill No. 6142, entitled

A bill to amend 1995 PA 279, entitled "Horse racing law of 1995," (MCL 431.301 to 431.336) by adding part 5.

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

 

 

Rep. Allen introduced

House Bill No. 6143, entitled

A bill to amend 1979 PA 94, entitled "The state school aid act of 1979," by amending section 6 (MCL 388.1606), as amended by 2001 PA 121.

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

 

 

Rep. Allen introduced

House Bill No. 6144, entitled

A bill to amend 1979 PA 94, entitled "The state school aid act of 1979," by amending section 20 (MCL 388.1620), as amended by 2001 PA 121.

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

Reps. Switalski, Lockwood, Rivet, Wojno and Neumann introduced

House Bill No. 6145, entitled

A bill to amend 1980 PA 350, entitled "The nonprofit health care corporation reform act," (MCL 550.1101 to 550.1704) by adding section 218.

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

 

 

Rep. Callahan introduced

House Bill No. 6146, entitled

A bill to amend 1931 PA 328, entitled "The Michigan penal code," by amending section 227g (MCL 750.227g), as added by 2000 PA 224.

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

 

 

Reps. Hansen, Kolb, Plakas, Bovin, Basham and Zelenko introduced

House Bill No. 6147, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending sections 60904, 60905, 60906, 60908, and 60909 (MCL 324.60904, 324.60905, 324.60906, 324.60908, and 324.60909), as added by 1995 PA 57.

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

 

 

Reps. Schauer, Mortimer, Gieleghem, Basham, Richner, Dennis, Jacobs and Rivet introduced

House Bill No. 6148, entitled

A bill to amend 1967 PA 150, entitled "Michigan military act," (MCL 32.501 to 32.851) by adding section 219.

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

 

 

Reps. Kolb, Bovin, Anderson, Schauer, Gieleghem, Phillips, Lipsey, Rivet, Dennis and Lemmons introduced

House Bill No. 6149, entitled

A bill to provide for a study on the feasibility of using vehicles powered by alternative fuel; and to prescribe the powers and duties of certain state agencies and departments.

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

 

 

Reps. Kolb, Bovin, Richardville, Anderson, Schauer, Gieleghem, Phillips, Rivet, Dennis and Lemmons introduced

House Bill No. 6150, entitled

A bill to amend 1990 PA 187, entitled "The pupil transportation act," (MCL 257.1801 to 257.1877) by adding section 40.

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

 

______

 

 

Rep. Wojno moved that Rep. Williams be excused temporarily from today's session.

The motion prevailed.

 

Rep. Zelenko moved that Rep. Murphy be excused temporarily from today's session.

The motion prevailed.

 

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

The motion prevailed.

 

By unanimous consent the House returned to the order of

Second Reading of Bills

 

 

House Bill No. 4180, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending section 81133 (MCL 324.81133), as amended by 1998 PA 86.

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

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

Reps. Raczkowski and Richardville moved to amend the bill as follows:

1. Amend page 3, line 1, after "OVER" by inserting a comma and "A VETERAN OF THE UNITED STATES ARMED FORCES OR THE MILITARY ESTABLISHMENT OF THIS STATE,".

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

 

Rep. Callahan moved to reconsider the vote by which the House adopted the amendment offered by Reps. Raczkowski and Richardville.

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

Rep. Callahan demanded the yeas and nays.

The demand was supported.

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

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

 

 

Roll Call No. 860 Yeas--23

 

 
AdaminiDanielsLockwoodQuarles
AndersonDennisMansStallworth
BashamGieleghemMcConicoThomas
BovinJacobsO'NeilWojno
CallahanLemmonsPhillipsZelenko
Clark, I.LipseyPlakas

 

 

Nays--68

 

 
AllenGosselinMeyerScranton
BirkholzHagerMiddaughShackleton
BisbeeHansenMortimerSheltrown
BishopHowellNeumannShulman
BradstreetHummelNewellSpade
Brown, C.JamnickPalmerStamas
Brown, R.JansenPappageorgeStewart
CaulJelinekPattersonSwitalski
DeRossettJohnson, RickPumfordTabor
DeWeeseJohnson, RuthRaczkowskiToy
DroletJulianReevesVan Woerkom
EhardtKoetjeRichardvilleVander Roest
FaunceKooimanRichnerVander Veen
FrankKowallRisonVear
GarzaKuipersRivetVoorhees
GeorgeLaSataRoccaWoodward
GilbertMeadSchauerWoronchak

 

 

In The Chair: Julian

 

 

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

The motion prevailed.

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

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

 

By unanimous consent the House returned to the order of

Third Reading of Bills

 

 

House Bill No. 4180, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending section 81133 (MCL 324.81133), as amended by 1998 PA 86.

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

Roll Call No. 861 Yeas--84

 

 
AdaminiGosselinMcConicoSchauer
AllenHagerMeadScranton
BirkholzHansenMeyerShackleton
BisbeeHardmanMiddaughSheltrown
BishopHartMortimerShulman
BovinHowellNeumannSpade
BradstreetHummelNewellStamas
Brown, B.JacobsO'NeilStewart
Brown, C.JansenPalmerSwitalski
Brown, R.JelinekPappageorgeTabor
CaulJohnson, RickPestkaToy
DennisJohnson, RuthPhillipsVan Woerkom
DeRossettJulianPlakasVander Roest
DeWeeseKoetjePumfordVander Veen
DroletKooimanRaczkowskiVear
EhardtKowallReevesVoorhees
FaunceKuipersRichardvilleWaters
FrankLaSataRichnerWhitmer
GeorgeLemmonsRisonWoodward
GieleghemLockwoodRivetWoronchak
GilbertMansRoccaZelenko

 

 

Nays--14

 

 
AndersonCallahanJamnickPatterson
BashamClark, I.KolbStallworth
BerneroDanielsLipseyWojno

Bogardus Garza

 

 

In The Chair: Julian

 

 

The House agreed to the title of the bill.

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

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

 

 

Second Reading of Bills

 

 

House Bill No. 4823, entitled

A bill to amend 1949 PA 300, entitled "Michigan vehicle code," by amending section 658 (MCL 257.658), as amended by 1984 PA 328.

The bill was read a second time.

 

Reps. George and Lipsey moved to amend the bill as follows:

1. Amend page 2, following line 24, by inserting:

"Enacting section 1. This amendatory act does not take effect unless House Bill No. 4913 of the 91st Legislature is enacted into law.".

The question being on the adoption of the amendment offered by Reps. George and Lipsey,

Rep. George demanded the yeas and nays.

The demand was supported.

The question being on the adoption of the amendment offered by Reps. George and Lipsey,

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

Roll Call No. 862 Yeas--49

 

 
AdaminiGeorgeLaSataPatterson
BirkholzGilbertLemmonsPestka
BogardusGodchauxLipseyPumford
Brown, C.HansenLockwoodRichner
CallahanHardmanMansScranton
CaulJacobsMcConicoShackleton
Clark, I.JelinekMeadStallworth
Clarke, H.Johnson, RuthMiddaughSwitalski
DanielsJulianMinoreThomas
DennisKoetjeNewellToy
DeWeeseKolbO'NeilVan Woerkom
EhardtKooimanPappageorgeWhitmer

Garza

 

 

Nays--52

 

 
AllenGieleghemMortimerShulman
AndersonGosselinMurphySpade
BashamHagerNeumannStamas
BerneroHalePalmerStewart
BisbeeHartPhillipsTabor
BishopHowellPlakasVander Roest
BovinHummelRaczkowskiVander Veen
BradstreetJamnickRichardvilleVear
Brown, B.JansenRisonVoorhees
Brown, R.Johnson, RickRivetWojno
DeRossettKowallRoccaWoodward
DroletKuipersSchauerWoronchak
FaunceMeyerSheltrownZelenko

 

 

In The Chair: Julia.

 

 

______

 

 

Rep. Allen moved that Rep. Rick Johnson be excused temporarily from today's session.

The motion prevailed.

 

Rep. Birkholz moved to amend the bill as follows:

1. Amend page 1, line 3, after "vehicle." by inserting "NO PERSON UNDER THE AGE OF 8 YEARS OLD SHALL RIDE AS A PASSENGER ON A MOTORCYCLE.".

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

Rep. Scranton demanded the yeas and nays.

The demand was supported.

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

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

 

 

Roll Call No. 863 Yeas--14

 

 
BirkholzGodchauxLipseyPatterson
BogardusHansenMcConicoScranton
CallahanKolbMeadThomas

George Lemmons

 

 

Nays--82

 

 
AdaminiGieleghemMansRocca
AllenGilbertMeyerSchauer
AndersonGosselinMiddaughSheltrown
BashamHagerMinoreSpade
BerneroHaleMortimerStallworth
BisbeeHardmanMurphyStamas
BishopHartNeumannStewart
BovinHowellNewellSwitalski
BradstreetHummelO'NeilTabor
Brown, B.JacobsPalmerToy
Brown, C.JamnickPappageorgeVan Woerkom
Brown, R.JansenPestkaVander Roest
CaulJelinekPlakasVander Veen
Clarke, H.Johnson, RuthPumfordVear
DanielsJulianRaczkowskiVoorhees
DeRossettKoetjeReevesWaters
DeWeeseKooimanRichardvilleWojno
DroletKowallRichnerWoodward
EhardtKuipersRisonWoronchak
FaunceLaSataRivetZelenko

Garza Lockwood

 

 

In The Chair: Julian

 

 

______

 

 

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

The motion prevailed.

 

Rep. Frank moved to amend the bill as follows:

1. Amend page 2, following line 22, by inserting:

"(6) A PERSON OVER 21 YEARS OF AGE THAT CHOOSES TO OPERATE A MOTORCYCLE WITHOUT A HELMET SHALL ALSO REGISTER TO MAKE A GIFT OF ALL OR PART OF HIS OR HER BODY WITH THE ORGAN DONATION PROGRAM OPERATED BY THE STATE OF MICHIGAN." and renumbering the remaining subsection.

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

Rep. Frank demanded the yeas and nays.

The demand was supported.

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

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

 

 

Roll Call No. 864 Yeas--12

 

 
BirkholzGarzaKolbMiddaugh
BogardusGeorgeLipseyRivet
FrankGodchauxLockwoodScranton

Nays--79

 

 
AdaminiGieleghemLemmonsRocca
AndersonGilbertMansSchauer
BashamGosselinMcConicoShackleton
BerneroHagerMeadSheltrown
BisbeeHaleMeyerSpade
BishopHansenMinoreStamas
BovinHartMortimerStewart
BradstreetHowellMurphySwitalski
Brown, B.HummelNeumannTabor
Brown, C.JacobsNewellToy
Brown, R.JamnickO'NeilVan Woerkom
CallahanJansenPalmerVander Roest
CaulJelinekPappageorgeVander Veen
Clarke, H.Johnson, RuthPattersonVear
DanielsJulianPhillipsVoorhees
DeRossettKoetjePlakasWojno
DeWeeseKooimanPumfordWoodward
DroletKowallRaczkowskiWoronchak
EhardtKuipersRichardvilleZelenko
FaunceLaSataRichner

 

 

In The Chair: Julian

 

 

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

The motion prevailed.

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

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

 

 

______

 

 

Rep. Neumann moved that Rep. Sheltrown be excused temporarily from today's session.

The motion prevailed.

 

Rep. Wojno moved that Rep. Daniels 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. 4823, entitled

A bill to amend 1949 PA 300, entitled "Michigan vehicle code," by amending section 658 (MCL 257.658), as amended by 1984 PA 328.

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

 

 

Roll Call No. 865 Yeas--58

 

 
AdaminiFrankMortimerShulman
AndersonGieleghemNeumannSpade
BashamGodchauxPalmerStallworth
BerneroGosselinPattersonStamas
BisbeeHalePhillipsStewart
BishopHartPlakasTabor
BovinHummelPumfordToy
BradstreetJansenQuarlesVander Roest
Brown, B.JelinekRaczkowskiVear
Brown, R.Johnson, RuthReevesVoorhees
DanielsJulianRichardvilleWojno
DeRossettKowallRisonWoodward
DroletLemmonsRoccaWoronchak
EhardtMansSchauerZelenko

Faunce Meyer

 

 

Nays--46

 

 
AllenGilbertLaSataPestka
BirkholzHagerLipseyRichner
BogardusHansenLockwoodRivet
Brown, C.HardmanMcConicoScranton
CallahanHowellMeadShackleton
CaulJacobsMiddaughSwitalski
Clark, I.JamnickMinoreThomas
Clarke, H.Johnson, RickMurphyVan Woerkom
DennisKoetjeNewellVander Veen
DeWeeseKolbO'NeilWaters
GarzaKooimanPappageorgeWhitmer

George Kuipers

 

 

In The Chair: Julian

 

 

The House agreed to the title of the bill.

Reps. Basham, Jansen, Jelinek, Lemmons, Neumann, Palmer, Plakas, Richardville, Stallworth, Stamas, Vander Roest and Zelenko were named co-sponsors of the bill.

 

 

______

 

 

Rep. Callahan, 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 against HB 4823 to protect public health and avoid increased insurance and health care costs to be paid for by the general public. Numerous peer-reviewed studies consistently report that mandatory helmet use reduces fatality rates, severe brain injury rates, and hospital costs related to motorcycle injuries. The National Highway Traffic Safety Administration reports that an unhelmeted motorcyclist is 40 percent more likely to incur a fatal head injury and 15 percent more likely to incur a non-fatal head injury than a helmeted motorcyclist involved in a crash. A General Accounting Office review of the effects of motorcycle helmet use found that unhelmeted riders are more likely to need ambulance service, be admitted to hospitals as an inpatient, have higher hospital charges, need neurosurgery or intensive care, need rehabilitation, and be permanently impaired and need long-term care. In a time of inflationary health-care costs, we simply should not be adding fuel to the fire.

Although a vocal minority has advocated for the right to ride a motorcycle without a helmet, public opinion polls consistently demonstrate public support for common sense and maintaining the prohibition against riding a motorcycle without a helmet."

 

 

______

 

 

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

The motion prevailed.

By unanimous consent the House returned to the order of

Reports of Standing Committees

 

 

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

Senate Bill No. 928, entitled

A bill to amend 1935 PA 120, entitled "An act to prescribe a method for the fingerprinting of residents of the state, and to provide for the recording and filing thereof by the central records division of the department of state police," by amending section 3 (MCL 28.273), as added by 1985 PA 175.

With the recommendation that the substitute (H-3) 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 928 To Report Out:

Yeas: Reps. Shulman, LaSata, Cameron Brown, Caul, Godchaux, Jansen, Jelinek, Kooiman, Mead, Mortimer, Newell, Pappageorge, Pumford, Shackleton, Stamas, Stewart, Toy, Vander Roest, Switalski,

Nays: Rep. Frank.

 

 

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

Senate Bill No. 1099, entitled

A bill to make appropriations for certain capital outlay programs and state departments and agencies for the fiscal year ending September 30, 2003; to implement the appropriations within the budgetary process; to make appropriations for planning and construction at state agencies; to make appropriations for state building authority rent and insurance; to make a grant for state building authority rent; to provide for the acquisition of land and buildings; to provide for the elimination of fire hazards; to provide for special maintenance, remodeling and addition, alteration, renovation, demolition, and other projects; to provide for elimination of occupational safety and health hazards; to provide for the award and implementation of contracts; to provide for the purchase of furnishings and equipment relative to occupancy of a project; to provide for the development of public recreation facilities; to provide for certain advances from the general fund; to prescribe powers and duties of certain state officers and agencies; to require certain reports, plans, and agreements; to provide for leases; to provide for transfers; to prescribe standards and conditions relating to the appropriations; and to provide for the expenditure of appropriations.

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 1099 To Report Out:

Yeas: Reps. LaSata, Cameron Brown, Caul, Jelinek, Kooiman, Mead, Mortimer, Newell, Pappageorge, Pumford, Shackleton, Stamas, Stewart, Toy, Frank, Rich Brown, Lockwood, Murphy, Pestka, Phillips, Plakas, Reeves, Switalski,

Nays: Reps. Godchaux, Vander Roest.

 

 

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 28, 2002, at 11:00 a.m.,

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

Absent: Rep. Stallworth,

Excused: Rep. Stallworth.

 

 

The Committee on Tax Policy, by Rep. Vear, Vice-Chair, reported

Senate Bill No. 1278, entitled

A bill to amend 1975 PA 228, entitled "Single business tax act," by amending section 19 (MCL 208.19), as amended by 2001 PA 278.

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 1278 To Report Out:

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

Nays: None.

 

 

COMMITTEE ATTENDANCE REPORT

 

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

Meeting held on: Wednesday, May 29, 2002, at 10:30 a.m.,

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

Absent: Reps. Cassis, Richardville, Woronchak,

Excused: Reps. Cassis, Richardville, Woronchak.

 

 

The Committee on Transportation, by Rep. Gilbert, Chair, reported

House Bill No. 6093, entitled

A bill to amend 1949 PA 300, entitled "Michigan vehicle code," (MCL 257.1 to 257.923) by adding sections 217p and 217q.

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 6093 To Report Out:

Yeas: Reps. Gilbert, George, DeRossett, Hart, Hummel, Ruth Johnson, Julian, Palmer, Scranton, Anderson, Bovin, Jamnick, Neumann,

Nays: None.

 

 

The Committee on Transportation, by Rep. Gilbert, Chair, reported

Senate Bill No. 924, entitled

A bill to amend 1972 PA 222, entitled "An act to provide for an official personal identification card; to provide for its form, issuance and use; to regulate the use and disclosure of information obtained from the card; to prescribe the powers and duties of the secretary of state; to prescribe fees; and to prescribe certain penalties for violations," by amending the title and section 2 (MCL 28.292), the title as amended by 1997 PA 99 and section 2 as amended by 2001 PA 238.

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 924 To Report Out:

Yeas: Reps. Gilbert, George, DeRossett, Drolet, Hart, Hummel, Ruth Johnson, Julian, Palmer, Scranton, Anderson, Bovin, Jamnick, Neumann,

Nays: None.

 

 

The Committee on Transportation, by Rep. Gilbert, Chair, reported

Senate Bill No. 925, entitled

A bill to amend 1949 PA 300, entitled "Michigan vehicle code," by amending the title and sections 310, 310e, and 314 (MCL 257.310, 257.310e, and 257.314), the title as amended by 2000 PA 408, section 310 as amended by 2002 PA 126, section 310e as amended by 2000 PA 456, and section 314 as amended by 2000 PA 173.

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 925 To Report Out:

Yeas: Reps. Gilbert, George, DeRossett, Drolet, Hart, Hummel, Ruth Johnson, Julian, Palmer, Scranton, Anderson, Bovin, Jamnick, Neumann,

Nays: None.

 

 

The Committee on Transportation, by Rep. Gilbert, Chair, reported

Senate Bill No. 1016, entitled

A bill to amend 1949 PA 300, entitled "Michigan vehicle code," by amending sections 33, 657, 658, 660, 661, and 662 (MCL 257.33, 257.657, 257.658, 257.660, 257.661, and 257.662), section 33 as amended by 1997 PA 56, sections 657 and 660 as amended by 2000 PA 82, section 658 as amended by 1984 PA 328, and section 662 as amended by 2000 PA 131, and by adding section 13c.

With the recommendation that the substitute (H-3) 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 1016 To Report Out:

Yeas: Reps. Gilbert, DeRossett, Drolet, Hart, Hummel, Ruth Johnson, Julian, Palmer, Scranton, Bovin, Jamnick, Murphy, Neumann,

Nays: Reps. George, Anderson.

 

 

COMMITTEE ATTENDANCE REPORT

 

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

Meeting held on: Wednesday, May 29, 2002, at 9:00 a.m.,

Present: Reps. Gilbert, George, DeRossett, Drolet, Hart, Hummel, Ruth Johnson, Julian, Palmer, Scranton, Anderson, Bovin, Jamnick, Murphy, Neumann,

Absent: Reps. Daniels, Schermesser,

Excused: Reps. Daniels, Schermesser.

 

 

The Committee on Land Use and Environment, by Rep. Ruth Johnson, Chair, reported

House Bill No. 6137, entitled

A bill to amend 1996 PA 381, entitled "Brownfield redevelopment financing act," by amending sections 2 and 13 (MCL 125.2652 and 125.2663), section 2 as amended by 2002 PA 254 and section 13 as amended by 2000 PA 145.

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 6137 To Report Out:

Yeas: Reps. Ruth Johnson, Koetje, Birkholz, Palmer, Tabor, Kolb, Basham, Gieleghem, Hale,

Nays: None.

 

 

COMMITTEE ATTENDANCE REPORT

 

The following report, submitted by Rep. Ruth Johnson, Chair of the Committee on Land Use and Environment, was received and read:

Meeting held on: Wednesday, May 29, 2002, at 10:30 a.m.,

Present: Reps. Ruth Johnson, Koetje, Birkholz, DeRossett, Palmer, Tabor, Kolb, Basham, Gieleghem, Hale,

Absent: Rep. DeVuyst,

Excused: Rep. DeVuyst.

COMMITTEE ATTENDANCE REPORT

 

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

Meeting held on: Wednesday, May 29, 2002, at 10:30 a.m.,

Present: Reps. Richner, Bisbee, DeWeese, Ehardt, Hager, Hummel, Middaugh, Scranton, Van Woerkom, Wojno, Anderson, Clark, Woodward,

Absent: Reps. Daniels, Schermesser,

Excused: Rep. Schermesser.

 

 

______

 

 

Rep. Kowall moved that the House adjourn.

The motion prevailed, the time being 4:40 p.m.

 

Associate Speaker Pro Tempore Julian declared the House adjourned until Thursday, May 30, at 12:00 Noon.

 

 

GARY L. RANDALL

Clerk of the House of Representatives.