hj02212t.016

No. 16

STATE OF MICHIGAN

JOURNAL

OF THE

House of Representatives

91st Legislature

REGULAR SESSION OF 2002

House Chamber, Lansing, Thursday, February 21, 2002.

12:00 Noon.

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

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--excused

Bernero--present

Birkholz--present

Bisbee--present

Bishop--present

Bogardus--present

Bovin--present

Bradstreet--present

Brown, Bob--present

Brown, Cameron--present

Brown, Rich--present

Callahan--present

Cassis--present

Caul--present

Clark--present

Clarke--present

Daniels--present

Dennis--present

DeRossett--present

DeVuyst--present

DeWeese--present

Drolet--present

Ehardt--present

Faunce--excused

Frank--present

Garza--present

George--present

Gieleghem--present

Gilbert--present

Godchaux--present

Gosselin--present

Hager--present

Hale--present

Hansen--present

Hardman--excused

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--excused

Mead--present

Meyer--present

Middaugh--present

Minore--excused

Mortimer--present

Murphy--present

Neumann--present

Newell--present

O'Neil--present

Pappageorge--present

Patterson--present

Pestka--present

Phillips--present

Plakas--present

Pumford--present

Quarles--present

Raczkowski--present

Reeves--present

Richardville--present

Richner--present

Rison--present

Rivet--present

Rocca--present

Schauer--present

Schermesser--present

Scranton--present

Shackleton--present

Sheltrown--present

Shulman--present

Spade--present

Stallworth--present

Stamas--present

Stewart--present

Switalski--present

Tabor--present

Thomas--excused

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. Harry Johnson, Pastor of Peoples Church in East Lansing, offered the following invocation:

"Gracious God, who calls people to serve and to lead and who blesses them with the abilities to do so. Guide and inspire these men and women that their service may be for the greatest number of citizens and that their leadership may be an inspiring example of character, integrity and faith. For when it comes to governing it is not only the decisions they make, but the quality of their lives that makes the difference. Help each of those who work here to understand that. Help each of those who work here to always serve for the common good. Help each of those who work here to so live their lives, that those lives are a source of pride and not embarrassment to their families, this Chamber, our great state and to You, Gracious God. Amen."

______

Rep. Jacobs moved that Reps. Basham, Hardman, McConico and Thomas be excused from today's session.

The motion prevailed.

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

The motion prevailed.

Reports of Standing Committees

The Speaker laid before the House

House Resolution No. 192.

A resolution to memorialize the Congress of the United States to amend the Internal Revenue Code to accommodate certain tax issues related to the phase out of Oldsmobile.

(For text of resolution, see House Journal No. 64 of 2001, p. 1952.)

(The resolution was reported by the Committee on Commerce on February 19, consideration of which, under the rules, was postponed until February 20.)

The question being on the adoption of the resolution,

The resolution was adopted.

Messages from the Senate

The Speaker laid before the House

House Bill No. 4028, entitled

A bill to establish procedures for municipalities to designate individual lots or structures as blighting; to purchase or condemn blighting property; to transfer blighting property for development; and to repeal acts and parts of acts.

(The bill was received from the Senate on February 19, with substitute (S-4) and immediate effect given by the Senate, consideration of which, under the rules, was postponed until February 20, see House Journal No. 14, p. 278.)

The question being on concurring in the substitute (S-4) made to the bill by the Senate,

The substitute (S-4) was concurred in, a majority of the members serving voting therefor, by yeas and nays, as follows:

Roll Call No. 117 Yeas--73

Adamini Gieleghem Lipsey Schauer

Anderson Gilbert Lockwood Schermesser

Bernero Godchaux Mans Scranton

Birkholz Hager Meyer Sheltrown

Bisbee Hale Mortimer Shulman

Bogardus Hansen Murphy Spade

Bovin Howell Neumann Stallworth

Brown, B. Jacobs Newell Stewart

Brown, R. Jamnick O'Neil Switalski

Callahan Jansen Patterson Tabor

Clark, I. Johnson, Rick Pestka Toy

Clarke, H. Johnson, Ruth Phillips Van Woerkom

Daniels Julian Quarles Waters

DeRossett Koetje Reeves Whitmer

DeWeese Kolb Richardville Williams

Ehardt Kooiman Richner Wojno

Frank Kuipers Rison Woodward

Garza Lemmons Rivet Zelenko

George

Nays--27

Allen Drolet Mead Stamas

Bishop Gosselin Middaugh Vander Roest

Bradstreet Hart Pappageorge Vander Veen

Brown, C. Hummel Pumford Vear

Cassis Jelinek Raczkowski Voorhees

Caul Kowall Rocca Woronchak

DeVuyst LaSata Shackleton

In The Chair: Ehardt

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

House Bill No. 4690, entitled

A bill to enter into the interstate compact for the supervision of adult offenders; and for related purposes.

The Senate has passed the bill and ordered that it be given immediate effect.

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

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

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

_____

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

The motion prevailed.

Third Reading of Bills

House Bill No. 5136, entitled

A bill to amend 1961 PA 236, entitled "Revised judicature act of 1961," (MCL 600.101 to 600.9948) by adding section 2972.

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

Roll Call No. 118 Yeas--100

Adamini Frank LaSata Schauer

Allen Garza Lemmons Schermesser

Anderson George Lipsey Scranton

Bernero Gieleghem Lockwood Shackleton

Birkholz Gilbert Mans Sheltrown

Bisbee Godchaux Mead Shulman

Bishop Gosselin Meyer Spade

Bogardus Hager Middaugh Stallworth

Bovin Hale Mortimer Stamas

Bradstreet Hansen Murphy Stewart

Brown, B. Hart Neumann Switalski

Brown, C. Howell Newell Tabor

Brown, R. Hummel O'Neil Toy

Callahan Jacobs Pappageorge Van Woerkom

Cassis Jamnick Patterson Vander Roest

Caul Jansen Pestka Vander Veen

Clark, I. Jelinek Phillips Vear

Clarke, H. Johnson, Rick Pumford Voorhees

Daniels Johnson, Ruth Quarles Waters

Dennis Julian Raczkowski Whitmer

DeRossett Koetje Reeves Williams

DeVuyst Kolb Richardville Wojno

DeWeese Kooiman Richner Woodward

Drolet Kowall Rivet Woronchak

Ehardt Kuipers Rocca Zelenko

Nays--0

In The Chair: Ehardt

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 1961 PA 236, entitled "Revised judicature act of 1961," (MCL 600.101 to 600.9948) by adding section 2973.

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.

______

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

The motion prevailed.

Senate Bill No. 797, entitled

A bill to amend 1946 (Ex Sess) PA 9, entitled "An act to create the Michigan veterans' trust fund, and to define who shall be eligible to receive assistance therefrom; to provide for the disbursement of the income thereof and surplus therein; to create a board of trustees, and to prescribe its powers and duties; to provide for county and district committees, and their powers, duties, and expenses; to prescribe penalties; and to make appropriations to carry out the provisions of this act," by amending section 5 (MCL 35.605).

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

Roll Call No. 119 Yeas--101

Adamini Garza Lemmons Schauer

Allen George Lipsey Schermesser

Anderson Gieleghem Lockwood Scranton

Bernero Gilbert Mans Shackleton

Birkholz Godchaux Mead Sheltrown

Bisbee Gosselin Meyer Shulman

Bishop Hager Middaugh Spade

Bogardus Hale Mortimer Stallworth

Bovin Hansen Murphy Stamas

Bradstreet Hart Neumann Stewart

Brown, B. Howell Newell Switalski

Brown, C. Hummel O'Neil Tabor

Brown, R. Jacobs Pappageorge Toy

Callahan Jamnick Patterson Van Woerkom

Cassis Jansen Pestka Vander Roest

Caul Jelinek Phillips Vander Veen

Clark, I. Johnson, Rick Plakas Vear

Clarke, H. Johnson, Ruth Pumford Voorhees

Daniels Julian Quarles Waters

Dennis Koetje Raczkowski Whitmer

DeRossett Kolb Reeves Williams

DeVuyst Kooiman Richardville Wojno

DeWeese Kowall Richner Woodward

Drolet Kuipers Rivet Woronchak

Ehardt LaSata Rocca Zelenko

Frank

Nays--0

In The Chair: Ehardt

The House agreed to the title of the bill.

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

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

House Bill No. 5611, entitled

A bill to amend 1895 PA 16, entitled "An act requiring the secretary of state and the deputy secretary of state and the private secretary and executive clerk of the governor to give bonds for the faithful discharge of their official duties," by amending section 1 (MCL 15.51).

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

Roll Call No. 120 Yeas--99

Adamini Frank LaSata Schermesser

Allen Garza Lemmons Scranton

Anderson George Lipsey Shackleton

Bernero Gieleghem Lockwood Sheltrown

Birkholz Gilbert Mans Shulman

Bisbee Godchaux Mead Spade

Bishop Gosselin Meyer Stallworth

Bogardus Hager Middaugh Stamas

Bovin Hale Mortimer Stewart

Bradstreet Hansen Murphy Switalski

Brown, B. Hart Neumann Tabor

Brown, C. Howell Newell Toy

Brown, R. Hummel O'Neil Van Woerkom

Callahan Jacobs Pappageorge Vander Roest

Cassis Jamnick Patterson Vander Veen

Caul Jansen Pestka Vear

Clark, I. Jelinek Phillips Voorhees

Clarke, H. Johnson, Rick Plakas Waters

Daniels Johnson, Ruth Pumford Whitmer

Dennis Julian Raczkowski Williams

DeRossett Koetje Richardville Wojno

DeVuyst Kolb Richner Woodward

DeWeese Kooiman Rivet Woronchak

Drolet Kowall Rocca Zelenko

Ehardt Kuipers Schauer

Nays--0

In The Chair: Ehardt

The House agreed to the title of the bill.

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

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

House Bill No. 5612, entitled

A bill to amend 1958 PA 204, entitled "An act to fix the compensation and mileage of constitutional convention delegates," by amending section 3 (MCL 2.53).

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

Roll Call No. 121 Yeas--101

Frank

Nays--0

In The Chair: Ehardt

The House agreed to the title of the bill.

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

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

House Bill No. 5613, entitled

A bill to amend 1872 PA 62, entitled "An act regulating trials of impeachment and providing for the expenses thereof," by amending section 15 (MCL 6.15).

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

Roll Call No. 122 Yeas--100

Adamini Frank LaSata Rocca

Allen Garza Lemmons Schauer

Anderson George Lipsey Schermesser

Bernero Gieleghem Lockwood Scranton

Birkholz Gilbert Mans Shackleton

Bisbee Godchaux Mead Sheltrown

Bishop Gosselin Meyer Shulman

Bogardus Hager Middaugh Spade

Bovin Hale Mortimer Stamas

Bradstreet Hansen Murphy Stewart

Brown, B. Hart Neumann Switalski

Brown, C. Howell Newell Tabor

Brown, R. Hummel O'Neil Toy

Callahan Jacobs Pappageorge Van Woerkom

Cassis Jamnick Patterson Vander Roest

Caul Jansen Pestka Vander Veen

Clark, I. Jelinek Phillips Vear

Clarke, H. Johnson, Rick Plakas Voorhees

Daniels Johnson, Ruth Pumford Waters

Dennis Julian Quarles Whitmer

DeRossett Koetje Raczkowski Williams

DeVuyst Kolb Reeves Wojno

DeWeese Kooiman Richardville Woodward

Drolet Kowall Richner Woronchak

Ehardt Kuipers Rivet Zelenko

Nays--0

In The Chair: Ehardt

The House agreed to the title of the bill.

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

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

House Bill No. 5614, entitled

A bill to amend 1901 PA 6, entitled "An act to provide for the employment of clerks or assistants in the executive office of this state," by amending section 1 (MCL 10.11).

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

Roll Call No. 123 Yeas--101

Frank

Nays--0

In The Chair: Ehardt

The House agreed to the title of the bill.

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

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

House Bill No. 5615, entitled

A bill to amend 1846 RS 12, entitled "Of certain state officers," by amending section 36 (MCL 15.36).

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

Roll Call No. 124 Yeas--101

Adamini Garza Lemmons Rocca

Allen George Lipsey Schermesser

Anderson Gieleghem Lockwood Scranton

Bernero Gilbert Mans Shackleton

Birkholz Godchaux Mead Sheltrown

Bisbee Gosselin Meyer Shulman

Bishop Hager Middaugh Spade

Bogardus Hale Mortimer Stallworth

Bovin Hansen Murphy Stamas

Bradstreet Hart Neumann Stewart

Brown, B. Howell Newell Switalski

Brown, C. Hummel O'Neil Tabor

Brown, R. Jacobs Pappageorge Toy

Callahan Jamnick Patterson Van Woerkom

Cassis Jansen Pestka Vander Roest

Caul Jelinek Phillips Vander Veen

Clark, I. Johnson, Rick Plakas Vear

Clarke, H. Johnson, Ruth Pumford Voorhees

Daniels Julian Quarles Waters

Dennis Koetje Raczkowski Whitmer

DeRossett Kolb Reeves Williams

DeVuyst Kooiman Richardville Wojno

DeWeese Kowall Richner Woodward

Drolet Kuipers Rison Woronchak

Ehardt LaSata Rivet Zelenko

Frank

Nays--0

In The Chair: Ehardt

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. 692, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending sections 36105, 36106, 36109, 36111, and 36206 (MCL 324.36105, 324.36106, 324.36109, 324.36111, and 324.36206), sections 36105 and 36106 as amended by 1996 PA 233, section 36109 as amended by 2000 PA 421, and section 36111 as amended and section 36206 as added by 2000 PA 262.

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

Roll Call No. 125 Yeas--99

Adamini Frank LaSata Schauer

Allen Garza Lemmons Scranton

Anderson George Lipsey Shackleton

Bernero Gieleghem Lockwood Sheltrown

Birkholz Gilbert Mans Shulman

Bisbee Godchaux Mead Spade

Bishop Gosselin Meyer Stallworth

Bogardus Hager Middaugh Stamas

Bovin Hale Mortimer Stewart

Bradstreet Hansen Murphy Switalski

Brown, B. Hart Neumann Tabor

Brown, C. Howell Newell Toy

Brown, R. Hummel O'Neil Van Woerkom

Callahan Jacobs Pappageorge Vander Roest

Cassis Jamnick Patterson Vander Veen

Caul Jansen Pestka Vear

Clark, I. Jelinek Phillips Voorhees

Clarke, H. Johnson, Rick Pumford Waters

Daniels Johnson, Ruth Quarles Whitmer

Dennis Julian Raczkowski Williams

DeRossett Koetje Reeves Wojno

DeVuyst Kolb Richardville Woodward

DeWeese Kooiman Richner Woronchak

Drolet Kowall Rivet Zelenko

Ehardt Kuipers Rocca

Nays--0

In The Chair: Ehardt

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

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

A bill to amend 1994 PA 451, entitled "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," by amending sections 36105, 36106, 36109, 36111, 36111a, and 36206 (MCL 324.36105, 324.36106, 324.36109, 324.36111, 324.36111a, and 324.36206), sections 36105 and 36106 as amended and section 36111a as added by 1996 PA 233, section 36109 as amended by 2000 PA 421, and section 36111 as amended and section 36206 as added by 2000 PA 262.

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.

______

Associate Speaker Pro Tempore Julian assumed the Chair.

Senate Bill No. 1029, entitled

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

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

Roll Call No. 126 Yeas--101

Adamini Garza Lemmons Schauer

Allen George Lipsey Schermesser

Anderson Gieleghem Lockwood Scranton

Bernero Gilbert Mans Shackleton

Birkholz Godchaux Mead Sheltrown

Bisbee Gosselin Meyer Shulman

Bishop Hager Middaugh Spade

Bogardus Hale Mortimer Stallworth

Bovin Hansen Murphy Stamas

Bradstreet Hart Neumann Stewart

Brown, B. Howell Newell Switalski

Brown, C. Hummel O'Neil Tabor

Brown, R. Jacobs Pappageorge Toy

Callahan Jamnick Patterson Van Woerkom

Cassis Jansen Pestka Vander Roest

Caul Jelinek Phillips Vander Veen

Clark, I. Johnson, Rick Pumford Vear

Clarke, H. Johnson, Ruth Quarles Voorhees

Daniels Julian Raczkowski Waters

Dennis Koetje Reeves Whitmer

DeRossett Kolb Richardville Williams

DeVuyst Kooiman Richner Wojno

DeWeese Kowall Rison Woodward

Drolet Kuipers Rivet Woronchak

Ehardt LaSata Rocca Zelenko

Frank

Nays--0

In The Chair: Julian

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

"An act to revise, consolidate, codify and add to the statutes relating to crimes; to define crimes and prescribe the penalties therefor; to provide for restitution under certain circumstances; to provide for the competency of evidence at the trial of persons accused of crime; to provide immunity from prosecution for certain witnesses appearing at such trials; and to repeal certain acts and parts of acts inconsistent with or contravening any of the provisions of this act,".

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.

Second Reading of Bills

Senate Bill No. 592, entitled

A bill to amend 1984 PA 218, entitled "Third party administrator act," by amending sections 14 and 18 (MCL 550.914 and 550.918); and to repeal acts and parts of acts.

The bill was read a second time.

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

The motion prevailed.

House Bill No. 5108, entitled

A bill to protect certain rights that public employees have in retirement benefits under certain circumstances; and to prescribe the powers and duties of certain retirement systems, state departments, courts, public officials, and public employees.

The bill was read a second time.

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

The motion prevailed.

House Bill No. 5109, entitled

A bill to amend 1943 PA 240, entitled "State employees' retirement act," by amending sections 31, 40, and 69 (MCL 38.31, 38.40, and 38.69), section 31 as amended by 1998 PA 205, section 40 as amended by 1991 PA 48, and section 69 as added by 1996 PA 487.

The bill was read a second time.

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

The motion prevailed.

House Bill No. 5110, entitled

A bill to amend 1980 PA 300, entitled "The public school employees retirement act of 1979," by amending sections 46 and 85 (MCL 38.1346 and 38.1385), section 46 as amended by 1991 PA 47 and section 85 as amended by 1998 PA 213.

The bill was read a second time.

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

The motion prevailed.

House Bill No. 5111, entitled

A bill to amend 1937 PA 345, entitled "Fire fighters and police officers retirement act," by amending sections 6 and 9 (MCL 38.556 and 38.559), as amended by 1991 PA 54.

The bill was read a second time.

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

The motion prevailed.

House Bill No. 5112, entitled

A bill to amend 1992 PA 234, entitled "The judges retirement act of 1992," by amending sections 308, 506, and 720 (MCL 38.2308, 38.2506, and 38.2670), section 506 as amended by 1999 PA 215 and section 720 as added by 1996 PA 523.

The bill was read a second time.

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

The motion prevailed.

House Bill No. 5113, entitled

A bill to amend 1986 PA 182, entitled "State police retirement act of 1986," by amending section 43 (MCL 38.1643), as amended by 1991 PA 53.

The bill was read a second time.

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

The motion prevailed.

House Bill No. 5114 , entitled

A bill to amend 1957 PA 261, entitled "Michigan legislative retirement system act," by amending sections 57 and 80 (MCL 38.1057 and 38.1080), section 57 as amended by 1995 PA 258 and section 80 as added by 1996 PA 486.

The bill was read a second time.

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

The motion prevailed.

House Bill No. 5021, entitled

A bill to amend 1949 PA 300, entitled "Michigan vehicle code," by amending section 320a (MCL 257.320a), as amended by 2000 PA 460.

The bill was read a second time.

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

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

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

The motion prevailed.

House Bill No. 5591, entitled

A bill to amend 1967 PA 281, entitled "Income tax act of 1967," by amending section 471 (MCL 206.471), as amended by 1996 PA 484.

The bill was read a second time.

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

The motion prevailed.

House Bill No. 5674, entitled

A bill to amend 1961 PA 236, entitled "Revised judicature act of 1961," by amending sections 821, 822, and 8148 (MCL 600.821, 600.822, and 600.8148), section 821 as amended by 1998 PA 298 and section 822 as amended by 1998 PA 313, and by adding sections 810a and 8179.

The bill was read a second time.

Rep. Bradstreet 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.

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

The motion prevailed.

By unanimous consent the House returned to the order of

Third Reading of Bills

House Bill No. 5674, entitled

The bill was read a third time.

The question being on the passage of the bill,

Rep. Adamini moved that consideration of the bill be postponed for the day.

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

Rep. Adamini demanded the yeas and nays.

The demand was supported.

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

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

Roll Call No. 127 Yeas--38

Adamini Dennis Lockwood Schermesser

Anderson Frank Mans Spade

Bernero Garza Murphy Stallworth

Bovin Gieleghem O'Neil Switalski

Brown, B. Hale Pestka Whitmer

Brown, R. Hansen Quarles Williams

Callahan Jacobs Reeves Wojno

Clark, I. Jamnick Rison Woodward

Clarke, H. Kolb Schauer Zelenko

Daniels Lipsey

Nays--59

Allen Godchaux LaSata Shackleton

Birkholz Gosselin Lemmons Sheltrown

Bisbee Hager Mead Shulman

Bishop Hart Meyer Stamas

Bradstreet Howell Middaugh Stewart

Brown, C. Hummel Mortimer Tabor

Cassis Jansen Newell Toy

Caul Jelinek Pappageorge Van Woerkom

DeRossett Johnson, Rick Patterson Vander Roest

DeVuyst Johnson, Ruth Pumford Vander Veen

DeWeese Julian Raczkowski Vear

Drolet Koetje Richardville Voorhees

Ehardt Kooiman Richner Waters

George Kowall Rocca Woronchak

Gilbert Kuipers Scranton

In The Chair: Julian

The question being on the passage of the bill,

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

Roll Call No. 128 Yeas--101

Adamini Garza Lemmons Schauer

Allen George Lipsey Schermesser

Anderson Gieleghem Lockwood Scranton

Bernero Gilbert Mans Shackleton

Birkholz Godchaux Mead Sheltrown

Bisbee Gosselin Meyer Shulman

Bishop Hager Middaugh Spade

Bogardus Hale Mortimer Stallworth

Bovin Hansen Murphy Stamas

Bradstreet Hart Neumann Stewart

Brown, B. Howell Newell Switalski

Brown, C. Hummel O'Neil Tabor

Brown, R. Jacobs Pappageorge Toy

Callahan Jamnick Patterson Van Woerkom

Cassis Jansen Pestka Vander Roest

Caul Jelinek Phillips Vander Veen

Clark, I. Johnson, Rick Pumford Vear

Clarke, H. Johnson, Ruth Quarles Voorhees

Daniels Julian Raczkowski Waters

Dennis Koetje Reeves Whitmer

DeRossett Kolb Richardville Williams

DeVuyst Kooiman Richner Wojno

DeWeese Kowall Rison Woodward

Drolet Kuipers Rivet Woronchak

Ehardt LaSata Rocca Zelenko

Frank

Nays--0

In The Chair: Julian

The House agreed to the title of the bill.

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

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

______

Associate Speaker Pro Tempore Ehardt resumed the Chair.

Second Reading of Bills

House Bill No. 4554, entitled

A bill to amend 1954 PA 116, entitled "Michigan election law," by amending sections 509t and 761 (MCL 168.509t and 168.761), section 509t as amended by 1998 PA 21 and section 761 as amended by 1996 PA 207.

The bill was read a second time.

Rep. Middaugh moved to amend the bill as follows:

1. Amend page 2, line 26, after "applicant." by inserting "SUBJECT TO SUBSECTION (6),".

2. Amend page 3, line 9, after "voter." by striking out "The" and inserting "SUBJECT TO SUBSECTION (6), THE".

3. Amend page 6, following line 26, by inserting:

"(6) BEFORE AN APPLICANT RECEIVES AN ABSENT VOTER BALLOT IN PERSON, THE ELECTOR APPLYING TO VOTE BY ABSENT VOTER BALLOT SHALL IDENTIFY HIMSELF OR HERSELF BY PRESENTING AN OFFICIAL STATE IDENTIFICATION CARD ISSUED TO THAT INDIVIDUAL UNDER 1972 PA 222, MCL 28.291 TO 28.300, AN OPERATOR'S OR CHAUFFEUR'S LICENSE ISSUED TO THAT INDIVIDUAL UNDER THE MICHIGAN VEHICLE CODE, 1949 PA 300, MCL 257.1 TO 257.923, OR ANOTHER GENERALLY RECOGNIZED PICTURE IDENTIFICATION CARD. IF THE ELECTOR DOES NOT HAVE AN OFFICIAL STATE IDENTIFICATION CARD, OPERATOR'S OR CHAUFFEUR'S LICENSE AS REQUIRED IN THIS SUBSECTION, OR OTHER GENERALLY RECOGNIZED PICTURE IDENTIFICATION CARD, THE INDIVIDUAL SHALL SIGN AN AFFIDAVIT TO THAT EFFECT BEFORE AN ELECTION INSPECTOR AND BE ALLOWED TO VOTE AS OTHERWISE PROVIDED IN THIS ACT. HOWEVER, AN ELECTOR BEING ALLOWED TO VOTE WITHOUT THE IDENTIFICATION REQUIRED UNDER THIS SUBSECTION IS SUBJECT TO CHALLENGE AS PROVIDED IN SECTION 727.".

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

Rep. Sheltrown 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. 4554, entitled

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

Roll Call No. 129 Yeas--75

Adamini Ehardt Mans Scranton

Allen George Mead Shackleton

Anderson Gilbert Meyer Sheltrown

Bernero Gosselin Middaugh Shulman

Birkholz Hager Mortimer Spade

Bisbee Hansen Murphy Stamas

Bishop Hart Neumann Stewart

Bovin Howell Newell Switalski

Bradstreet Hummel O'Neil Tabor

Brown, B. Jamnick Pestka Van Woerkom

Brown, C. Jelinek Phillips Vander Roest

Brown, R. Johnson, Rick Pumford Vander Veen

Callahan Johnson, Ruth Raczkowski Vear

Cassis Julian Richardville Voorhees

Caul Koetje Richner Whitmer

DeRossett Kooiman Rivet Wojno

DeVuyst Kowall Rocca Woronchak

DeWeese LaSata Schauer Zelenko

Drolet Lockwood Schermesser

Nays--10

Clark, I. Hale Quarles Stallworth

Clarke, H. Jansen Reeves Waters

Daniels Lemmons

In The Chair: Ehardt

The House agreed to the title of the bill.

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

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

Rep. Quarles demanded the yeas and nays.

The demand was supported.

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

The motion prevailed, a majority of the members present voting therefor, by yeas and nays, as follows:

Roll Call No. 130 Yeas--80

Adamini Garza Mans Scranton

Allen George Mead Shackleton

Bernero Gieleghem Meyer Shulman

Birkholz Hager Middaugh Spade

Bogardus Hale Mortimer Stallworth

Bovin Hansen Murphy Stamas

Bradstreet Hart Neumann Stewart

Brown, B. Howell Newell Tabor

Brown, C. Jacobs O'Neil Toy

Brown, R. Jamnick Pappageorge Van Woerkom

Callahan Johnson, Ruth Patterson Vander Roest

Cassis Julian Phillips Vander Veen

Clark, I. Kolb Pumford Voorhees

Clarke, H. Kooiman Quarles Waters

Daniels Kowall Reeves Whitmer

Dennis Kuipers Richardville Williams

DeRossett LaSata Rison Wojno

DeWeese Lemmons Rocca Woodward

Drolet Lipsey Schauer Woronchak

Frank Lockwood Schermesser Zelenko

Nays--17

Anderson Ehardt Jansen Raczkowski

Bisbee Gilbert Jelinek Richner

Bishop Gosselin Johnson, Rick Switalski

Caul Hummel Koetje Vear

DeVuyst

In The Chair: Ehardt

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. 131 Yeas--96

Adamini Ehardt Kuipers Rocca

Allen Frank LaSata Schauer

Anderson Garza Lemmons Schermesser

Bernero George Lipsey Scranton

Birkholz Gieleghem Lockwood Shackleton

Bisbee Gilbert Mans Sheltrown

Bishop Godchaux Mead Shulman

Bogardus Gosselin Meyer Spade

Bovin Hager Middaugh Stamas

Bradstreet Hansen Mortimer Stewart

Brown, B. Hart Murphy Switalski

Brown, C. Howell Neumann Tabor

Brown, R. Hummel Newell Toy

Callahan Jacobs O'Neil Van Woerkom

Cassis Jamnick Pappageorge Vander Roest

Caul Jansen Patterson Vander Veen

Clark, I. Jelinek Pestka Vear

Clarke, H. Johnson, Rick Phillips Voorhees

Daniels Johnson, Ruth Pumford Whitmer

Dennis Julian Raczkowski Williams

DeRossett Koetje Richardville Wojno

DeVuyst Kolb Richner Woodward

DeWeese Kooiman Rison Woronchak

Drolet Kowall Rivet Zelenko

Nays--5

Hale Reeves Stallworth Waters

Quarles

In The Chair: Ehardt

The House agreed to the title of the bill.

Second Reading of Bills

House Bill No. 4642, entitled

A bill to amend 1954 PA 116, entitled "Michigan election law," by amending section 509t (MCL 168.509t), as amended by 1998 PA 21.

The bill was read a second time.

Rep. Cassis 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. 4642, entitled

A bill to amend 1954 PA 116, entitled "Michigan election law," by amending section 509t (MCL 168.509t), as amended by 1998 PA 21.

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

Roll Call No. 132 Yeas--95

Adamini Frank Kuipers Schauer

Allen Garza LaSata Schermesser

Anderson George Lipsey Scranton

Bernero Gieleghem Lockwood Shackleton

Birkholz Gilbert Mans Sheltrown

Bisbee Godchaux Mead Shulman

Bishop Gosselin Meyer Spade

Bogardus Hager Middaugh Stallworth

Bovin Hale Mortimer Stamas

Bradstreet Hansen Murphy Stewart

Brown, B. Hart Neumann Switalski

Brown, C. Howell Newell Tabor

Brown, R. Hummel O'Neil Toy

Callahan Jacobs Pappageorge Van Woerkom

Cassis Jamnick Patterson Vander Roest

Caul Jansen Pestka Vander Veen

Clark, I. Jelinek Pumford Vear

Clarke, H. Johnson, Rick Raczkowski Voorhees

Dennis Johnson, Ruth Reeves Whitmer

DeRossett Julian Richardville Wojno

DeVuyst Koetje Richner Woodward

DeWeese Kolb Rison Woronchak

Drolet Kooiman Rivet Zelenko

Ehardt Kowall Rocca

Nays--0

In The Chair: Ehardt

The House agreed to the title of the bill.

By unanimous consent the House returned to the order of

Messages from the Senate

The Speaker laid before the House

House Bill No. 4009, entitled

A bill to amend 1855 PA 105, entitled "An act to regulate the disposition of the surplus funds in the state treasury; to provide for the deposit of surplus funds in certain financial institutions; to lend surplus funds pursuant to loan agreements secured by certain commercial, agricultural, or industrial real and personal property; to authorize the loan of surplus funds to certain municipalities; to authorize the participation in certain loan programs; to authorize an appropriation; and to prescribe the duties of certain state agencies," by amending section 2a (MCL 21.142a), as amended by 1987 PA 27.

(The bill was received from the Senate on February 20, with substitute (S-2) and immediate effect given by the Senate, consideration of which, under the rules, was postponed until today, see House Journal No. 15, p. 308.)

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

Rep. Jelinek moved to amend the Senate substitute (S-2) as follows:

1. Amend page 3, line 1, after "first" by striking out "25" and inserting "24".

2. Amend page 4, line 19, by striking out "January" and inserting "OCTOBER".

3. Amend page 4, line 23, after "beyond" by striking out "JANUARY" and inserting "OCTOBER".

4. Amend page 4, line 27, after "THAN" by striking out "25" and inserting "24".

5. Amend page 5, line 4, after "(7)" by striking out the balance of the subsection and inserting "ANNUALLY, EACH FINANCIAL INSTITUTION IN WHICH THE STATE TREASURER HAS MADE AN INVESTMENT UNDER THIS SECTION SHALL FILE AN AFFIDAVIT, SIGNED BY A SENIOR EXECUTIVE OFFICER OF THE FINANCIAL INSTITUTION, STATING THAT THE FINANCIAL INSTITUTION IS IN COMPLIANCE WITH THE TERMS OF THE INVESTMENT AGREEMENT AND THIS ACT.".

6. Amend page 6, line 1, after "(d)" by striking out the balance of the line through "THE" on line 2 and inserting "ANY".

7. Amend page 11, line 17, after "before" by striking out "DECEMBER 31," and inserting "OCTOBER 1,".

8. Amend page 11, line 21, after "SUBSIDY" by striking out "OF" and inserting "EQUAL TO".

9. Amend page 11, line 21, after "THE" by striking out the balance of the sentence and inserting "STATE TREASURER'S COMMON CASH EARNINGS RATE.".

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

The question being on concurring in the Senate substitute (S-2), as amended,

The Senate 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. 133 Yeas--99

Adamini Garza Lipsey Schermesser

Allen George Lockwood Scranton

Anderson Gieleghem Mans Shackleton

Bernero Gilbert Mead Sheltrown

Birkholz Godchaux Meyer Shulman

Bisbee Hager Middaugh Spade

Bishop Hale Mortimer Stallworth

Bogardus Hansen Murphy Stamas

Bovin Hart Neumann Stewart

Bradstreet Howell Newell Switalski

Brown, B. Hummel O'Neil Tabor

Brown, C. Jacobs Pappageorge Toy

Brown, R. Jamnick Patterson Van Woerkom

Callahan Jansen Pestka Vander Roest

Cassis Jelinek Phillips Vander Veen

Caul Johnson, Rick Pumford Vear

Clark, I. Johnson, Ruth Quarles Voorhees

Clarke, H. Julian Raczkowski Waters

Daniels Koetje Reeves Whitmer

Dennis Kolb Richardville Williams

DeRossett Kooiman Richner Wojno

DeVuyst Kowall Rison Woodward

DeWeese Kuipers Rivet Woronchak

Ehardt LaSata Rocca Zelenko

Frank Lemmons Schauer

Nays--2

Drolet Gosselin

In The Chair: Ehardt

______

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

The motion prevailed.

By unanimous consent the House returned to the order of

Motions and Resolutions

Rep. Richardville moved to suspend that portion of Rule 44 requiring bills to be handed to the Clerk not later than 3:00 p.m. the day prior to calling the House to order.

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

Rep. Cassis moved that House Bill No. 4072 be re-referred to the Committee on Tax Policy.

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

Rep. Shulman offered the following resolution:

House Resolution No. 336.

A resolution proclaiming Wednesday, March 20, 2002, as Iranian-American Day in Michigan.

Whereas, Iranian/Persian history dates back to 3000 B.C. The people of Iran have celebrated Noruz, the New Year, on the first day of spring for 3,000 years; and

Whereas, The Iranian people have a long tradition of tolerance and respect for human rights, including the establishment, in 550 B.C., of the earliest democratic kingdom, under Cyrus the Great. Cyrus the Great freed the Jewish people from Babylonian oppression and established the first bill of rights. This abolished slavery, guaranteed freedom of speech, and outlawed discrimination against all races and religions; and

Whereas, Throughout their long history, Iranians have made great contributions to the arts, sciences, and philosophy. These include the writings of Omar Khayyam and Rumi, contributions to medicine of Avicenna, advances in chemistry of Razi, and the invention of algebra; and,

Whereas, The Iranian-American community contributes greatly to Michigan's economy, cultural richness, and diversity. They are a highly educated population and preserve their rich culture and heritage, while contributing to the community as doctors, lawyers, engineers, business people, and university professors; now, therefore, be it

Resolved by the House of Representatives, That the members of this legislative body proclaim Wednesday, March 20, 2002, as Iranian-American Day in Michigan.

Pending the reference of the resolution to a committee,

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

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

The question being on the adoption of the resolution,

The resolution was adopted.

Reps. Shackleton, Stamas, Allen, Neumann, Sheltrown, Rivet, Lockwood, Middaugh, Bovin, Rich Brown, Adamini and Ehardt offered the following resolution:

House Resolution No. 337.

A resolution to urge the United States Fish and Wildlife Service to permit Michigan to implement appropriate management practices for the double-crested cormorant.

Whereas, In 1972, strong steps were taken to extend federal protection to the double-crested cormorant under the provisions of the Migratory Bird Treaty Act of 1972. Several factors, including the use of the pesticide DDT, had devastated this species. Since the 1972 protections went into effect, however, the double-crested cormorant has prospered to a remarkable degree. In 1971, there were thought to be 89 nesting pairs of this bird in the Great Lakes region. By 1997, the Great Lakes population had reached 93,000 pairs. Recent estimates of this bird's total in the United States and Canada are at 2 million; and

Whereas, The return of the cormorants to such high numbers has also brought significant problems, especially to commercial fishing and aquaculture. The double-crested cormorant, which can go underwater for its food, feeds on small fish, including hatchlings. Many people in Michigan and elsewhere feel there is great need for a new approach to managing the double-crested cormorant to help bring stability to certain categories of fishing, especially on the Great Lakes; and

Whereas, The United States Fish and Wildlife Service (USFWS) has prepared and circulated a draft of an environmental impact statement. The USFWS is seeking input on its proposals. Of the USFWS proposals, we favor Alternative D, which would establish a Public Resource Depredation Order authorizing the states and tribal and federal land management agencies to implement a double breasted cormorant management program under federal oversight. The goals of the USFWS actions are to minimize the harm done while ensuring stable cormorant population levels. Clearly, these goals can be reached and effective measures can be found to reverse negative impacts on fish, plants, and other wildlife from the double-crested cormorant; now, therefore, be it

Resolved by the House of Representatives, That we urge the United States Fish and Wildlife Service to permit Michigan to implement appropriate management practices for the double-crested cormorant; and be it further

Resolved, That copies of this resolution be transmitted to the United States Fish and Wildlife Service as part of the public commentary process.

The resolution was referred to the Committee on Conservation and Outdoor Recreation.

Reps. Pappageorge, Raczkowski, Vander Roest, Hansen, Stewart, Neumann, Wojno, Gosselin, Drolet, Vander Veen, Mead, Julian, Ehardt, Kuipers, DeVuyst, Hager, Richardville, Kooiman, Cassis, Richner, Clarke, Voorhees, Bradstreet, Vear, Shulman, Bishop, Meyer, Van Woerkom, George, Woronchak, Spade, Lipsey, Rich Brown, Gieleghem, Bovin, Zelenko, Adamini, Callahan, Sheltrown, Lemmons, Toy, Rocca, Jacobs, Jamnick, Hale, Frank, Lockwood, Patterson, Anderson, Schermesser, Bogardus, Newell, Caul, Jansen, Scranton, Koetje, DeRossett, Birkholz, Whitmer, Murphy and Switalski offered the following resolution:

House Resolution No. 338.

A resolution commemorating the 200th anniversary of the United States Military Academy in West Point, New York.

Whereas, It is with great respect for the role that this outstanding school has played in graduating dedicated military leaders, public servants, and contributors to society in a variety of areas, that we join with the Virginia House of Delegates in marking the 200th anniversary of the United States Military Academy at West Point. On behalf of the state of Michigan, we offer our thanks in celebrating this milestone; and

Whereas, West Point was originally established as an academic institution devoted to the arts and sciences of warfare, but its focus turned to engineering to eliminate our country's reliance on foreign engineers and artillerists. As a result, the United States Military Academy graduates were responsible for the construction of many of the nation's first railway lines, bridges, harbors, and roads. Academy graduates helped build the vital infrastructure our great state, including the Sault Saint Marie Locks, and more recently, the new Midfield Terminal at Detroit Metro Airport; and

Whereas, Much has changed since the United States Military Academy first opened its doors March 16, 1802, through the original congressional act signed by President Thomas Jefferson. West Point graduates have served as Presidents and Generals, and today are deployed worldwide to protect and defend our country. Today, the cadets of the United States Corps of Cadets are being trained and educated to be our nation's next leaders as West Point moves into its third century of service. They are still guided by their motto, "Duty, Honor, Country"; now, therefore, be it

Resolved by the House of Representatives, That the members of this legislative body commemorate the 200th anniversary of the United States Military Academy. We commend all the men and women who graduated or attend West Point from the great state of Michigan and staff who have contributed to its growth in excellence; and be it further

Resolved, That a copy of this resolution be transmitted to the United States Military Academy and the Virginia House of Delegates as a token of our high 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. Hardman, Spade, Reeves, Waters, Murphy, Garza, Clarke, Clark, Daniels, Hale, Thomas, Anderson, Lemmons, Hansen, Stewart, Neumann, Wojno, Gosselin, Rivet, Lipsey, Rich Brown, Gieleghem, Bovin, Zelenko, Adamini, Kolb, Dennis, Sheltrown, Jacobs, Jamnick, Lockwood, Schermesser, Bogardus, Quarles, Bernero, Whitmer and Switalski offered the following resolution:

House Resolution No. 339.

A resolution to urge the Governor to call immediately a special election to fill the vacancy in the Ninth District of the Michigan House of Representatives.

Whereas, Under the provisions of Article V, Section 13 of the Michigan Constitution, the Governor is responsible for setting a special election to fill a vacancy in the Senate or the House of Representatives. Doing so as soon as possible is a means of ensuring that citizens regain their voice in the legislative process quickly; and

Whereas, The vacancy created in the Ninth House District occurred at the start of the year, when the former representative was sworn in as mayor of the state's largest city. Unlike vacancies created by an unexpected departure, this vacancy was certain shortly after the November election. As a result, the need to fill this vacancy has been apparent for a considerable length of time; and

Whereas, It is important for all of the citizens of this state to enjoy their right to full participation in the Michigan Legislature. It is wrong for tens of thousands of people to be deprived of their right to a voice in decision making while issues that directly impact their lives, their schools, their homes, and their jobs are debated. With the significance of the challenges before our state, the new dynamics of a term-limited environment, and the need for the input from the people of the Ninth District, the date for a special election needs to be in place. The longer this is delayed, the longer the people of the district are without their full participation in state government; now, therefore, be it

Resolved by the House of Representatives, That we urge the Governor to call immediately a special election to fill the vacancy in the Ninth District of the Michigan House of Representatives; and be it further

Resolved, That copies of this resolution be transmitted to the Office of the Governor.

The resolution was referred to the Committee on Redistricting and Elections.

Reps. Lemmons, Raczkowski, Vander Roest, Hansen, Stewart, Neumann, Wojno, Gosselin, Drolet, Vander Veen, Mead, Rivet, Julian, Ehardt, DeVuyst, Hager, Richardville, Richner, Clarke, Bradstreet, Vear, Shulman, Bishop, Meyer, Van Woerkom, George, Woronchak, Spade, Lipsey, Rich Brown, Gieleghem, Bovin, Zelenko, Clark, Adamini, Callahan, Kolb, Dennis, Sheltrown, Rocca, Jacobs, Jamnick, Hale, Lockwood, Patterson, Pappageorge, Garza, Anderson, Schermesser, Bogardus, Quarles, Newell, Caul, Jansen, Scranton, Tabor, DeRossett, Bernero, Birkholz, Whitmer, Murphy and Switalski offered the following resolution:

House Resolution No. 340.

A resolution honoring the life of Michael Timothy Scanlon, police officer, for his dedicated service to, and great sacrifice for, the people of the city of Detroit.

Whereas, Michael Scanlon was born on February 2,1967, and raised with his seven brothers and sisters in the Detroit metropolitan area by his parents, Charles and Frances Scanlon; and

Whereas, Wishing to serve the community of the city of Detroit, Michael Scanlon entered the Detroit Police Academy and graduated in November of 1996. As a police officer in the Eighth Precinct, Michael Scanlon always gave more than was expected of him; and

Whereas, In the seven years since Michael Scanlon enlisted in the department, he has handled a wide variety of duties and situations. His fellow officers came to rely upon the professionalism Michael Scanlon gave to every challenge, no matter how routine or how dangerous. Michael Scanlon was always quick to respond to runs with other officers to give them moral support; and

Whereas, When a snowstorm hit Detroit this year, Officer Scanlon took it upon himself to plow the Eighth Precinct parking lot. He never let his squad car leave the lot until it was buffed every day with Armor-All. It was Officer Scanlon's mission to improve life for precinct residents and help people to see Detroit in a good way. His personal mission and sense of duty drove him to volunteer for the DARE anti-drug program. He spent his own money to add chrome wheels, low-profile tires, and decals to the DARE car; and

Whereas, Officer Michael T. Scanlon was killed in what should have been a routine traffic stop on Tuesday, February 12, 2002. He was the devoted son of Charles and Frances Scanlon, beloved husband of Leah, and the proud father of David and Michaela. He was also a loving brother of Chuck, Kevin, Rob, Jean, Cathy, Terry, and Debbie; and

Whereas, Michael Scanlon's service was deeply appreciated by his colleagues and superiors alike, but most especially by the citizens and visitors of Michigan. He will be greatly missed; now, therefore, be it

Resolved by the House of Representatives, That members of this legislative body honor the life of Michael Timothy Scanlon, police officer, for his dedicated service to, and great sacrifice for, the people of the city of Detroit; and be it further

Resolved, That a copy of this resolution be transmitted to the family of Michael Scanlon as a token of our esteem and to express our sorrow for their loss.

The question being on the adoption of the resolution,

The resolution was adopted.

Reports of Standing Committees

The Committee on Education, by Rep. Kuipers, Chair, reported

House Bill No. 4377, entitled

A bill to amend 1976 PA 451, entitled "The revised school code," (MCL 380.1 to 380.1852) by adding section 1206.

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 4377 To Report Out:

Yeas: Reps. Kuipers, Meyer, Allen, Bradstreet, Hager, Hart, Ruth Johnson, Van Woerkom, Voorhees, Hansen, Zelenko,

Nays: Rep. Bogardus.

The Committee on Education, by Rep. Kuipers, Chair, reported

Senate Bill No. 645, entitled

A bill to amend 1949 PA 300, entitled "Michigan vehicle code," by amending sections 303, 310e, 319, and 732 (MCL 257.303, 257.310e, 257.319, and 257.732), sections 303 and 319 as amended by 2001 PA 159, section 310e as amended by 2000 PA 456, and section 732 as amended by 2001 PA 134.

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 645 To Report Out:

Yeas: Reps. Kuipers, Meyer, Allen, Bradstreet, DeWeese, Hager, Hart, Ruth Johnson, Van Woerkom, Voorhees, Bogardus, Clark, Spade, Zelenko,

Nays: Rep. Hansen.

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Thursday, February 21, 2002, at 9:00 a.m.,

Present: Reps. Kuipers, Meyer, Allen, Bradstreet, DeWeese, Hager, Hart, Ruth Johnson, Van Woerkom, Voorhees, Hansen, Bogardus, Clark, Gieleghem, Spade, Zelenko,

Absent: Rep. McConico,

Excused: Rep. McConico.

The Committee on Regulatory Reform, by Rep. Rocca, Chair, reported

House Bill No. 4436, entitled

A bill to amend 1998 PA 58, entitled "Michigan liquor control code of 1998," by amending section 701 (MCL 436.1701).

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 4436 To Report Out:

Yeas: Reps. Rocca, Scranton, Richner, Garza, Waters, Williams, Wojno,

Nays: None.

The Committee on Regulatory Reform, by Rep. Rocca, Chair, reported

Senate Bill No. 116, entitled

A bill to amend 1917 PA 273, entitled "An act to regulate and license pawnbrokers in cities and incorporated villages of this state, having a population of more than 3,000," by amending the title and sections 1, 2, 3, 5, 6, 8, and 19 (MCL 446.201, 446.202, 446.203, 446.205, 446.206, 446.208, and 446.219), section 5 as amended by 1998 PA 233.

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 116 To Report Out:

Yeas: Reps. Rocca, Scranton, Waters, Williams, Wojno,

Nays: None.

COMMITTEE ATTENDANCE REPORT

The following report, submitted by Rep. Rocca, Chair of the Committee on Regulatory Reform, was received and read:

Meeting held on: Thursday, February 21, 2002, at 11:00 a.m.,

Present: Reps. Rocca, Scranton, Richner, Garza, Waters, Williams, Wojno,

Absent: Reps. Faunce, Raczkowski,

Excused: Reps. Faunce, Raczkowski.

The Committee on Redistricting and Elections, by Rep. Patterson, Chair, reported

House Bill No. 5057, entitled

A bill to amend 1954 PA 116, entitled "Michigan election law," by amending section 737a (MCL 168.737a), as added by 1996 PA 461.

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 5057 To Report Out:

Yeas: Reps. Patterson, Allen, Bishop, Cassis, Hart, Quarles, Jamnick, Lemmons,

Nays: None.

The Committee on Redistricting and Elections, by Rep. Patterson, Chair, reported

House Bill No. 5185, entitled

A bill to amend 1954 PA 116, entitled "Michigan election law," by amending sections 952 and 968 (MCL 168.952 and 168.968), section 952 as amended by 1993 PA 137 and section 968 as amended by 1989 PA 26.

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

HB 5185 To Report Out:

Yeas: Reps. Patterson, Allen, Hart, Quarles, Jamnick,

Nays: Rep. Bishop.

The Committee on Redistricting and Elections, by Rep. Patterson, Chair, reported

House Bill No. 5237, entitled

A bill to amend 1954 PA 116, entitled "Michigan election law," by amending section 685 (MCL 168.685), as amended by 1990 PA 329.

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 5237 To Report Out:

Yeas: Reps. Patterson, Allen, Bishop, Cassis, Hart, Jamnick, Lemmons,

Nays: None.

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Thursday, February 21, 2002, at 10:30 a.m.,

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

The Committee on Veterans Affairs, by Rep. Richardville, Chair, reported

Senate Bill No. 994, entitled

A bill to amend 1955 PA 133, entitled "An act to provide for the granting of military leaves and providing re-employment protection for officers and enlisted men of the military or naval forces of the state or of the United States," by amending section 3 (MCL 32.273).

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 994 To Report Out:

Yeas: Reps. Richardville, Woronchak, Allen, Patterson, Schermesser, Mans,

Nays: None.

COMMITTEE ATTENDANCE REPORT

The following report, submitted by Rep. Richardville, Chair of the Committee on Veterans Affairs, was received and read:

Meeting held on: Thursday, February 21, 2002, at 9:00 a.m.,

Present: Reps. Richardville, Woronchak, Allen, Patterson, Schermesser, Mans, Woodward.

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

House Bill No. 5504, entitled

A bill to amend 1949 PA 300, entitled "Michigan vehicle code," by amending section 312f (MCL 257.312f), as amended by 1992 PA 180, and by adding section 312g.

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

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

Favorable Roll Call

HB 5504 To Report Out:

Yeas: Reps. Gilbert, DeRossett, Drolet, Gosselin, Hart, Hummel, Anderson, Bovin, Jamnick, Murphy, Schermesser,

Nays: None.

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

Senate Bill No. 934, entitled

A bill to amend 1945 PA 327, entitled "Aeronautics code of the state of Michigan," (MCL 259.1 to 259.208) by adding section 85a.

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 934 To Report Out:

Yeas: Reps. Gilbert, DeRossett, Drolet, Gosselin, Hart, Hummel, Ruth Johnson, Anderson, Bovin, Jamnick, Murphy, Neumann, Schermesser,

Nays: None.

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

Senate Bill No. 943, entitled

A bill to amend 1963 PA 181, entitled "Motor carrier safety act of 1963," by amending section 7c (MCL 480.17c), as amended by 2000 PA 298.

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 943 To Report Out:

Yeas: Reps. Gilbert, DeRossett, Drolet, Gosselin, Hummel, Julian, Anderson, Bovin, Jamnick, Murphy, Neumann, Schermesser,

Nays: None.

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

Senate Bill No. 1006, entitled

A bill to amend 1945 PA 327, entitled "Aeronautics code of the state of Michigan," by amending section 85 (MCL 259.85), as amended by 1996 PA 370.

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 1006 To Report Out:

Yeas: Reps. Gilbert, DeRossett, Drolet, Gosselin, Hart, Hummel, Ruth Johnson, Anderson, Bovin, Jamnick, Murphy, Neumann, Schermesser,

Nays: None.

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Thursday, February 21, 2002, at 9:00 a.m.,

Present: Reps. Gilbert, DeRossett, Drolet, Gosselin, Hart, Hummel, Ruth Johnson, Julian, Anderson, Bovin, Daniels, Jamnick, Murphy, Neumann, Schermesser,

Absent: Reps. George, Scranton,

Excused: Reps. George, Scranton.

COMMITTEE ATTENDANCE REPORT

The following report, submitted by Rep. DeRossett, Chair of the Committee on Agriculture and Resource Management, was received and read:

Meeting held on: Thursday, February 21, 2002, at 8:00 a.m.,

Present: Reps. DeRossett, Julian, Ehardt, Gilbert, Meyer, Van Woerkom, Vear, Sheltrown, Bogardus, Hansen, Spade.

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, Wednesday, February 20:

Senate Bill Nos. 1100 1105

The Clerk announced the enrollment printing and presentation to the Governor on Thursday, February 21, for his approval of the following bills:

Enrolled House Bill No. 5389 at 11:09 a.m.

Enrolled House Bill No. 5390 at 11:11 a.m.

Enrolled House Bill No. 5391 at 11:13 a.m.

The Clerk announced that the following bills had been printed and placed upon the files of the members, Thursday, February 21:

House Bill Nos. 5681 5682 5683 5684 5685

The Clerk announced that the following Senate bill had been received on Thursday, February 21:

Senate Bill No. 1028

By unanimous consent the House returned to the order of

Messages from the Senate

House Bill No. 5393, entitled

A bill to amend 1927 PA 175, entitled "The code of criminal procedure," by amending section 12 of chapter XVII (MCL 777.12), as amended by 2001 PA 160, and by adding sections 12a, 12b, 12c, 12d, 12e, 12f, 12g, 12h, 12j, 12k, 12m, and 12n to chapter XVII.

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

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

A bill to amend 1927 PA 175, entitled "An act to revise, consolidate, and codify the laws relating to criminal procedure and to define the jurisdiction, powers, and duties of courts, judges, and other officers of the court under the

provisions of this act; to provide laws relative to the rights of persons accused of criminal offenses and ordinance violations; to provide for the arrest of persons charged with or suspected of criminal offenses and ordinance violations; to provide for bail of persons arrested for or accused of criminal offenses and ordinance violations; to provide for the examination of persons accused of criminal offenses; to regulate the procedure relative to grand juries, indictments, informations, and proceedings before trial; to provide for trials of persons complained of or indicted for criminal offenses and ordinance violations and to provide for the procedure in those trials; to provide for judgments and sentences of persons convicted of criminal offenses and ordinance violations; to establish a sentencing commission and to prescribe its powers and duties; to provide for procedure relating to new trials and appeals in criminal and ordinance violation cases; to provide a uniform system of probation throughout this state and the appointment of probation officers; to prescribe the powers, duties, and compensation of probation officers; to provide penalties for the violation of the duties of probation officers; to provide for procedure governing proceedings to prevent crime and proceedings for the discovery of crime; to provide for fees of officers, witnesses, and others in criminal and ordinance violation cases; to set forth miscellaneous provisions as to criminal procedure in certain cases; to provide penalties for the violation of certain provisions of this act; and to repeal all acts and parts of acts inconsistent with or contravening any of the provisions of this act," by amending sections 1 and 12 of chapter XVII (MCL 777.1 and 777.12), section 1 as amended by 2000 PA 279 and section 12 as amended by 2001 PA 160, and by adding sections 12a, 12b, 12c, 12d, 12e, 12f, 12g, 12h, 12j, 12k, 12m, and 12n to chapter XVII.

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

Senate Bill No. 1028, entitled

A bill to amend 1931 PA 328, entitled "The Michigan penal code," by amending sections 503 and 504 (MCL 750.503 and 750.504).

The Senate has passed the bill.

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

Introduction of Bills

Rep. Shulman introduced

House Bill No. 5686, entitled

A bill to make appropriations for the department of agriculture for the fiscal year ending September 30, 2003; to provide for the expenditure of the appropriations; and to provide for the disposition of fees and other income received by various agencies.