No. 71
STATE OF MICHIGAN
JOURNAL
OF THE
House of Representatives
91st Legislature
REGULAR SESSION OF 2002
House Chamber, Lansing, Thursday, December 5, 2002.
12:00 Noon.
The House was called to order by Associate Speaker Pro Tempore Julian.
The roll was called by the Clerk of the House of Representatives, who announced that a quorum was present.
Adamini--present
Allen--present
Anderson--present
Basham--present
Bernero--present
Birkholz--present
Bisbee--present
Bishop--present
Bogardus--present
Bovin--present
Bradstreet--present
Brown, Bob--present
Brown, Cameron--present
Brown, Rich--present
Callahan--present
Cassis--present
Caul--present
Clark--present
Clarke--present
Daniels--e/d/s
Dennis--present
DeRossett--present
DeVuyst--present
DeWeese--present
Drolet--present
Durhal--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--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--e/d/s
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--e/d/s
Rison--present
Rivet--present
Rocca--present
Schauer--present
Schermesser--present
Scranton--present
Shackleton--present
Sheltrown--present
Shulman--present
Spade--present
Stallworth--e/d/s
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
Rep. Andrew Raczkowski, from the 37th District, offered the following invocation:
"Heavenly Father, we come to You today with happy and humble hearts. We are grateful for the advent season and grateful for the opportunity to serve. May the things that we do and say in this Chamber be pleasing in Your sight and may You add Your blessing to us and those we serve. These things we ask in the name of Your Son and our Savior, Jesus Christ. Amen."
______
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
Senate Concurrent Resolution No. 73.
A concurrent resolution to waive the legislative notice requirement for increases in rates of compensation for certain employees in the state classified service.
(For text of resolution, see House Journal No. 68, p. 2678.)
(The concurrent resolution was reported by the Committee on Appropriations on December 4, with substitute (H-1), consideration of which, under the rules, was postponed until today.)
(For substitute, see House Journal No. 70, p. 2768.)
The question being on the adoption of the proposed substitute (H-1) recommended by the Committee,
The substitute (H-1) was adopted, a majority of the members serving voting therefor.
The question being on the adoption of the concurrent resolution,
The concurrent resolution was adopted, a majority of the members serving voting therefor by yeas and nays as follows:
Roll Call No. 1174 Yeas--99
| Adamini | Frank | LaSata | Schauer |
| Allen | Garza | Lemmons | Schermesser |
| Anderson | George | Lockwood | Scranton |
| Basham | Gieleghem | Mans | Shackleton |
| Bernero | Gilbert | McConico | Sheltrown |
| Birkholz | Godchaux | Mead | Shulman |
| Bisbee | Gosselin | Meyer | Spade |
| Bishop | Hager | Middaugh | Stamas |
| Bovin | Hansen | Minore | Stewart |
| Bradstreet | Hardman | Murphy | Switalski |
| Brown, B. | Hart | Neumann | Tabor |
| Brown, C. | Howell | Newell | Thomas |
| Brown, R. | Hummel | O'Neil | Toy |
| Callahan | Jacobs | Palmer | Van Woerkom |
| Cassis | Jamnick | Pappageorge | Vander Roest |
| Caul | Jansen | Patterson | Vander Veen |
| Clark, I. | Jelinek | Pestka | Vear |
| Clarke, H. | Johnson, Rick | Phillips | Voorhees |
| Dennis | Johnson, Ruth | Plakas | Whitmer |
| DeRossett | Julian | Pumford | Williams |
| DeVuyst | Koetje | Quarles | Wojno |
| DeWeese | Kolb | Raczkowski | Woodward |
| Drolet | Kooiman | Reeves | Woronchak |
| Durhal | Kowall | Richardville | Zelenko |
| Ehardt | Kuipers | Rocca |
Nays--0
In The Chair: Julian
By unanimous consent the House returned to the order of
Motions and Resolutions
Rep. Richardville moved that Rule 45(c) be suspended.
The motion prevailed, 3/5 of the members voting therefor.
Rep. Richardville moved that the Committee on Tax Policy be discharged from further consideration of House Bill No. 5863.
The motion prevailed.
The bill was referred to the order of Second Reading of Bills.
Second Reading of Bills
House Bill No. 5863, entitled
A bill to amend 1967 PA 281, entitled "Income tax act of 1967," by amending section 51 (MCL 206.51), as amended by 1999 PA 6; and to repeal acts and parts of acts.
The bill was read a second time.
Rep. Callahan 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.
______
Reps. Mortimer and Richner entered the House Chambers.
By unanimous consent the House returned to the order of
Third Reading of Bills
House Bill No. 5863, entitled
A bill to amend 1967 PA 281, entitled "Income tax act of 1967," by amending section 51 (MCL 206.51), as amended by 1999 PA 6; and to repeal acts and parts of acts.
Was read a third time and not passed, a majority of the members serving not voting therefor, by yeas and nays, as follows:
Roll Call No. 1175 Yeas--10
| Callahan | Hansen | Minore | Rivet |
| Dennis | Jamnick | Pumford | Switalski |
Godchaux Kolb
Nays--58
| Allen | Gosselin | Mead | Shackleton |
| Birkholz | Hager | Meyer | Sheltrown |
| Bisbee | Hart | Middaugh | Shulman |
| Bishop | Howell | Mortimer | Spade |
| Bradstreet | Hummel | Neumann | Stamas |
| Brown, C. | Jansen | Newell | Stewart |
| Cassis | Johnson, Rick | Palmer | Tabor |
| Caul | Johnson, Ruth | Pappageorge | Toy |
| DeRossett | Julian | Patterson | Van Woerkom |
| DeVuyst | Koetje | Raczkowski | Vander Roest |
| DeWeese | Kooiman | Richardville | Vander Veen |
| Drolet | Kowall | Richner | Vear |
| Ehardt | Kuipers | Rocca | Voorhees |
| George | Lemmons | Scranton | Woronchak |
Gilbert Mans
In The Chair: Julian
______
Rep. Drolet, having reserved the right to explain his protest against the passage of the bill, made the following statement:
"Mr. Speaker and members of the House:
I have vocally opposed and voted against every single tax increase that has come before this legislature since my arrival here. Wealth belongs to those who create it, not to those of us who push green buttons in this room so that we can take it away. Some of us in the party of small government have occasionally gotten confused on that point when some of those other tax increases came up. Recently, some of us redefined cigarette taxes as 'fee increases'. Another time, some told themselves that legislation taxing internet sales wasn't really a new tax. Reasonable people can have disagreements, and I think that we have all had some reasonable disagreements regarding whether some of these taxes were really taxes. That's the nature of this ongoing debate, and it is a debate that we will surely resume in the future.
However, there is no room for debate or discussion on this legislation. It repeals a tax cut. When we passed the tax cut, we called it a tax cut. The taxpayers will pay less in income taxes without this bill, and its only purpose is to take more money from them. It is bad enough when we impose new taxes, but this bill deliberately seeks to reinstate OLD taxes. This isn't as bad as a tax increase it's worse!
The supporters of this bill look at a government that is far too big, and economy that is regrettably weak, and decide that the real problem is that taxpayers are not being punished enough. Indeed, that we have gone too easy on them, promised too much, and need to give them another kick when they need it least."
Rep. Jacobs moved to reconsider the vote by which the House did not pass the bill.
The motion did not prevail, a majority of the members serving not voting therefor.
Second Reading of Bills
House Bill No. 6338, entitled
A bill to enact the uniform securities act (2002) relating to the issuance, offer, sale, or purchase of securities; to prohibit fraudulent practices in relation to securities; to establish civil and criminal sanctions for violations of the act and civil sanctions for violation of the rules promulgated pursuant to the act; to require the registration of broker-dealers, agents, investment advisers, and securities; to make uniform the law with reference to securities; and to repeal acts and parts of acts.
Was read a second time, and the question being on the adoption of the proposed substitute (H-2) previously recommended by the Committee on Insurance and Financial Services,
The substitute (H-2) was adopted, a majority of the members serving voting therefor.
Rep. Woodward moved to amend the bill as follows:
1. Amend page 93, line 10, after "within" by striking out "1 year" and inserting "3 years".
2. Amend page 93, line 13, after the first "of" by striking out "2" and inserting "3".
The question being on the adoption of the amendments offered by Rep. Woodward,
Rep. Woodward demanded the yeas and nays.
The demand was supported.
The question being on the adoption of the amendments offered by Rep. Woodward,
The amendments were not adopted, a majority of the members serving not voting therefor, by yeas and nays, as follows:
Roll Call No. 1176 Yeas--54
| Adamini | DeWeese | Lemmons | Schauer |
| Anderson | Durhal | Lockwood | Scranton |
| Basham | Frank | McConico | Sheltrown |
| Bernero | Garza | Minore | Shulman |
| Bishop | Gieleghem | Murphy | Spade |
| Bogardus | Godchaux | Neumann | Stewart |
| Bovin | Hale | Pappageorge | Switalski |
| Brown, B. | Hansen | Pestka | Waters |
| Brown, R. | Hardman | Phillips | Whitmer |
| Callahan | Jacobs | Plakas | Williams |
| Caul | Jamnick | Pumford | Wojno |
| Clark, I. | Jansen | Reeves | Woodward |
| Clarke, H. | Kolb | Rison | Zelenko |
Dennis LaSata
Nays--47
| Allen | Gosselin | Mans | Rocca |
| Birkholz | Hager | Mead | Schermesser |
| Bisbee | Hart | Meyer | Shackleton |
| Bradstreet | Howell | Middaugh | Stamas |
| Brown, C. | Hummel | Mortimer | Tabor |
| Cassis | Jelinek | Newell | Toy |
| DeRossett | Johnson, Ruth | O'Neil | Van Woerkom |
| DeVuyst | Julian | Palmer | Vander Roest |
| Drolet | Koetje | Patterson | Vander Veen |
| Ehardt | Kooiman | Raczkowski | Vear |
| George | Kowall | Richardville | Voorhees |
| Gilbert | Kuipers | Richner |
In The Chair: Julian
Rep. Thomas 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. Woodward,
Rep. Woodward demanded the yeas and nays.
The demand was supported.
The question being on the adoption of the amendments offered by Rep. Woodward,
Rep. Richardville moved that consideration of the bill be postponed temporarily.
The motion prevailed.
House Bill No. 6494, entitled
A bill to amend 2000 PA 251, entitled "Patient's right to independent review act," by amending sections 11, 13, 15, and 23 (MCL 550.1911, 550.1913, 550.1915, and 550.1923), as amended by 2000 PA 398.
Was read a second time, and the question being on the adoption of the proposed substitute (H-1) previously recommended by the Committee on Insurance and Financial Services,
The substitute (H-1) was adopted, a majority of the members serving voting therefor.
Rep. LaSata 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.
The motion prevailed.
______
Rep. Vander Roest moved that Rep. Ehardt 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. 6494, entitled
A bill to amend 2000 PA 251, entitled "Patient's right to independent review act," by amending sections 11, 13, 15, and 23 (MCL 550.1911, 550.1913, 550.1915, and 550.1923), as amended by 2000 PA 398.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 1177 Yeas--103
| Adamini | Garza | Lemmons | Rocca |
| Allen | George | Lockwood | Schauer |
| Anderson | Gieleghem | Mans | Schermesser |
| Basham | Gilbert | McConico | Shackleton |
| Bernero | Godchaux | Mead | Sheltrown |
| Birkholz | Gosselin | Meyer | Shulman |
| Bisbee | Hager | Middaugh | Spade |
| Bishop | Hale | Minore | Stamas |
| Bogardus | Hansen | Mortimer | Stewart |
| Bovin | Hardman | Murphy | Switalski |
| Bradstreet | Hart | Neumann | Tabor |
| Brown, B. | Howell | Newell | Thomas |
| Brown, C. | Hummel | O'Neil | Toy |
| Brown, R. | Jacobs | Palmer | Van Woerkom |
| Callahan | Jamnick | Pappageorge | Vander Roest |
| Cassis | Jansen | Patterson | Vander Veen |
| Caul | Jelinek | Pestka | Vear |
| Clark, I. | Johnson, Rick | Phillips | Voorhees |
| Clarke, H. | Johnson, Ruth | Pumford | Waters |
| Dennis | Julian | Quarles | Whitmer |
| DeRossett | Koetje | Raczkowski | Williams |
| DeVuyst | Kolb | Reeves | Wojno |
| DeWeese | Kooiman | Richardville | Woodward |
| Drolet | Kowall | Richner | Woronchak |
| Durhal | Kuipers | Rison | Zelenko |
| Frank | LaSata | Rivet |
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.
______
Reps. Daniels and Stallworth entered the House Chambers.
Second Reading of Bills
House Bill No. 6495, entitled
A bill to amend 1956 PA 218, entitled "The insurance code of 1956," by amending section 3580 (MCL 500.3580), as added by 2000 PA 249.
The bill was read a second time.
Rep. Newell 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. 6495, entitled
A bill to amend 1956 PA 218, entitled "The insurance code of 1956," by amending section 3580 (MCL 500.3580), as added by 2000 PA 249.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 1178 Yeas--108
| Adamini | Frank | Lemmons | Rocca |
| Allen | Garza | Lockwood | Schauer |
| Anderson | George | Mans | Schermesser |
| Basham | Gieleghem | McConico | Scranton |
| Bernero | Gilbert | Mead | Shackleton |
| Birkholz | Godchaux | Meyer | Sheltrown |
| Bisbee | Gosselin | Middaugh | Shulman |
| Bishop | Hager | Minore | Spade |
| Bogardus | Hale | Mortimer | Stallworth |
| Bovin | Hansen | Murphy | Stamas |
| Bradstreet | Hardman | Neumann | Stewart |
| Brown, B. | Hart | Newell | Switalski |
| Brown, C. | Howell | O'Neil | Tabor |
| Brown, R. | Hummel | Palmer | Thomas |
| Callahan | Jacobs | Pappageorge | Toy |
| Cassis | Jamnick | Patterson | Van Woerkom |
| Caul | Jansen | Pestka | Vander Roest |
| Clark, I. | Jelinek | Phillips | Vander Veen |
| Clarke, H. | Johnson, Rick | Plakas | Vear |
| Daniels | Johnson, Ruth | Pumford | Voorhees |
| Dennis | Julian | Quarles | Waters |
| DeRossett | Koetje | Raczkowski | Whitmer |
| DeVuyst | Kolb | Reeves | Williams |
| DeWeese | Kooiman | Richardville | Wojno |
| Drolet | Kowall | Richner | Woodward |
| Durhal | Kuipers | Rison | Woronchak |
| Ehardt | LaSata | Rivet | Zelenko |
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.
Second Reading of Bills
Senate Bill No. 1401, entitled
A bill to amend 1998 PA 58, entitled "Michigan liquor control code of 1998," (MCL 436.1101 to 436.2303) by adding section 518.
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.
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
Senate Bill No. 1401, entitled
A bill to amend 1998 PA 58, entitled "Michigan liquor control code of 1998," (MCL 436.1101 to 436.2303) by adding section 518.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 1179 Yeas--101
| Adamini | Frank | Lockwood | Schauer |
| Allen | Garza | Mans | Schermesser |
| Anderson | George | McConico | Scranton |
| Basham | Gieleghem | Mead | Shackleton |
| Bernero | Gilbert | Meyer | Sheltrown |
| Birkholz | Hager | Middaugh | Shulman |
| Bisbee | Hale | Minore | Spade |
| Bishop | Hansen | Mortimer | Stallworth |
| Bogardus | Hart | Murphy | Stamas |
| Bovin | Howell | Neumann | Stewart |
| Brown, B. | Hummel | Newell | Switalski |
| Brown, C. | Jacobs | O'Neil | Tabor |
| Brown, R. | Jamnick | Palmer | Thomas |
| Callahan | Jansen | Pappageorge | Toy |
| Cassis | Jelinek | Patterson | Van Woerkom |
| Caul | Johnson, Rick | Pestka | Vander Roest |
| Clark, I. | Johnson, Ruth | Phillips | Vander Veen |
| Clarke, H. | Julian | Plakas | Vear |
| Daniels | Koetje | Pumford | Waters |
| Dennis | Kolb | Quarles | Whitmer |
| DeRossett | Kooiman | Raczkowski | Williams |
| DeVuyst | Kowall | Richardville | Wojno |
| DeWeese | Kuipers | Richner | Woodward |
| Drolet | LaSata | Rison | Woronchak |
| Durhal | Lemmons | Rocca | Zelenko |
Ehardt
Nays--3
Hardman Reeves Voorhees
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 create a commission for the control of the alcoholic beverage traffic within this state, and to prescribe its powers, duties, and limitations; to provide for powers and duties for certain state departments and agencies; to impose certain taxes for certain purposes; to provide for the control of the alcoholic liquor traffic within this state and to provide for the power to establish state liquor stores; to provide for the care and treatment of alcoholics; to provide for the incorporation of farmer cooperative wineries and the granting of certain rights and privileges to those cooperatives; to provide for the licensing and taxation of activities regulated under this act and the disposition of the money received under this act; to prescribe liability for retail licensees under certain circumstances and to require security for that liability; to provide procedures, defenses, and remedies regarding violations of this act; to provide for the enforcement and to prescribe penalties for violations of this act; to provide for allocation of certain funds for certain purposes; to provide for the confiscation and disposition of property seized under this act; to provide referenda under certain circumstances; and to repeal acts and parts of acts,".
The House agreed to the full title.
Rep. Richardville moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
Second Reading of Bills
House Bill No. 6343, entitled
A bill to amend 1978 PA 368, entitled "Public health code," by amending sections 5453, 5454, 5455, 5456, 5457, 5458, 5459, 5460, 5462, 5463, 5467, 5468, 5471, 5472, 5473a, 5475, 5476, and 5477 (MCL 333.5453, 333.5454, 333.5455, 333.5456, 333.5457, 333.5458, 333.5459, 333.5460, 333.5462, 333.5463, 333.5467, 333.5468, 333.5471, 333.5472, 333.5473a, 333.5475, 333.5476, and 333.5477), sections 5453, 5454, 5455, 5456, 5462, 5463, 5467, 5471, and 5476 as added by 1998 PA 220 and sections 5457, 5458, 5459, 5460, 5468, 5472, 5473a, 5475, and 5477 as added by 1998 PA 219.
Was read a second time, and the question being on the adoption of the proposed amendments previously recommended by the Committee on Regulatory Reform (for amendments, see House Journal No. 70, p. 2763),
The amendments were adopted, a majority of the members serving voting therefor.
Rep. Scranton 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. 6343, entitled
A bill to amend 1978 PA 368, entitled "Public health code," by amending sections 5453, 5454, 5455, 5456, 5457, 5458, 5459, 5460, 5462, 5463, 5467, 5468, 5471, 5472, 5473a, 5475, 5476, and 5477 (MCL 333.5453, 333.5454, 333.5455, 333.5456, 333.5457, 333.5458, 333.5459, 333.5460, 333.5462, 333.5463, 333.5467, 333.5468, 333.5471, 333.5472, 333.5473a, 333.5475, 333.5476, and 333.5477), sections 5453, 5454, 5455, 5456, 5462, 5463, 5467, 5471, and 5476 as added by 1998 PA 220 and sections 5457, 5458, 5459, 5460, 5468, 5472, 5473a, 5475, and 5477 as added by 1998 PA 219.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 1180 Yeas--104
| Adamini | Ehardt | Kuipers | Rivet |
| Allen | Frank | Lemmons | Rocca |
| Anderson | Garza | Lockwood | Schauer |
| Basham | George | Mans | Schermesser |
| Bernero | Gieleghem | McConico | Scranton |
| Birkholz | Gilbert | Mead | Shackleton |
| Bisbee | Godchaux | Meyer | Sheltrown |
| Bishop | Gosselin | Middaugh | Shulman |
| Bogardus | Hager | Minore | Spade |
| Bovin | Hale | Mortimer | Stallworth |
| Bradstreet | Hansen | Murphy | Stamas |
| Brown, B. | Hardman | Neumann | Stewart |
| Brown, C. | Hart | Newell | Switalski |
| Brown, R. | Howell | O'Neil | Tabor |
| Callahan | Hummel | Palmer | Toy |
| Cassis | Jacobs | Pappageorge | Van Woerkom |
| Caul | Jamnick | Patterson | Vander Roest |
| Clark, I. | Jansen | Pestka | Vander Veen |
| Clarke, H. | Jelinek | Phillips | Vear |
| Daniels | Johnson, Rick | Plakas | Voorhees |
| Dennis | Johnson, Ruth | Pumford | Waters |
| DeRossett | Julian | Quarles | Whitmer |
| DeVuyst | Koetje | Raczkowski | Williams |
| DeWeese | Kolb | Reeves | Wojno |
| Drolet | Kooiman | Richardville | Woodward |
| Durhal | Kowall | Rison | Zelenko |
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.
Second Reading of Bills
House Bill No. 6356, entitled
A bill to amend 1954 PA 116, entitled "Michigan election law," by amending sections 178 and 634 (MCL 168.178 and 168.634), section 178 as amended by 1980 PA 261 and section 634 as amended by 1996 PA 583.
The bill was read a second time.
Rep. Durhal 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. Vander Roest moved that Reps. DeVuyst and DeWeese 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. 6356, entitled
A bill to amend 1954 PA 116, entitled "Michigan election law," by amending sections 178 and 634 (MCL 168.178 and 168.634), section 178 as amended by 1980 PA 261 and section 634 as amended by 1996 PA 583.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 1181 Yeas--106
| Adamini | George | Mans | Schauer |
| Allen | Gieleghem | McConico | Schermesser |
| Anderson | Gilbert | Mead | Scranton |
| Basham | Godchaux | Meyer | Shackleton |
| Bernero | Gosselin | Middaugh | Sheltrown |
| Birkholz | Hager | Minore | Shulman |
| Bisbee | Hale | Mortimer | Spade |
| Bishop | Hansen | Murphy | Stallworth |
| Bogardus | Hardman | Neumann | Stamas |
| Bovin | Hart | Newell | Stewart |
| Bradstreet | Howell | O'Neil | Switalski |
| Brown, B. | Hummel | Palmer | Tabor |
| Brown, C. | Jacobs | Pappageorge | Thomas |
| Brown, R. | Jamnick | Patterson | Toy |
| Callahan | Jansen | Pestka | Van Woerkom |
| Cassis | Jelinek | Phillips | Vander Roest |
| Caul | Johnson, Rick | Plakas | Vander Veen |
| Clark, I. | Johnson, Ruth | Pumford | Vear |
| Clarke, H. | Julian | Quarles | Voorhees |
| Daniels | Koetje | Raczkowski | Waters |
| Dennis | Kolb | Reeves | Whitmer |
| DeRossett | Kooiman | Richardville | Williams |
| Drolet | Kowall | Richner | Wojno |
| Durhal | LaSata | Rison | Woodward |
| Ehardt | Lemmons | Rivet | Woronchak |
| Frank | Lipsey | Rocca | Zelenko |
Garza Lockwood
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.
Comments and Recommendations
Rep. Richardville moved that Rule 82 be suspended.
The motion prevailed, 3/5 of the members present voting therefor.
Rep. Richardville moved that the following remarks be printed in the Journal.
The motion prevailed.
Rep. Callahan
"House Colleagues and Staff:
Today I rise to thank the residence of St. Clair Shores, Harrison Township and Lake Township of Macomb County for the privilege and honor to have been chosen--above all others--to represent them for the past six years here in the Michigan Legislature.
As I complete my third term here in the House of Representatives (the maximum permitted by law, I might add) I shall reflect back on this opportunity and experience and recall some very fond memories.
I have learned a lot about the reality of the law-making process, a lot about the unique characteristics, wants and needs of the various areas of the State of Michigan and my fellow legislators, and a whole lot about myself as to the ability to negotiate issues and points of difference, without over-compromising my commitment to my own values and conscience--or the welfare of my constituents in the 26th District.
There is an old saying of how 'there are two things that you should never see being made, sausage and laws; because with either, the more you know--the less you like'. I think that's true.
I would like to report to the people of this State, that there are some very fine professionals that even though behind the scenes, keep the trains running on time and do a great service to the taxpayers of this state; I'm speaking of the House Clerks, the recording clerks, committee clerks, policy analysts and specialists, legislative service bureau, auditors, and House Fiscal Agency--to name a few. With term limits taking it's biggest bite out of institutional memory and knowledge; it is those people I just mentioned who will temper the influence of the special interest groups and the lobby corp. and keep future legislatures on track.
I want to thank my staff Geri Hofmann and Jamie Johnston for their high work ethic and dedication.
Let me close with Merry Christmas to all, and to all--farewell."
Rep. Cassis:
"Colleagues and friends, I take the floor having been afforded the privilege to address you on my feelings and sentiments upon the occasion of my imminent departure as a state representative.
This awesome oval hall has been our place of work for the past few years. The renderings that adorn its ceiling have had a deep meaning and effect on my life. We are an inseparable part of a country of many states, bound and unified by an indivisible union under one sacred form of government and joined with other states to form a more perfect union.
And, as in other halls in sister states, we representatives of our constituents meet to serve the highest and most noble interests of our people--and remold the laws that are always based on the principles of life, liberty and the pursuit of happiness of the governed.
As I prepare for a new life journey and move along with many others of you to another sacred 'hall' across this building different in shape and appearance but not in essence, allow me to reflect on the experiences that molded and shaped my political life.
And as I share with you a few thoughts, I am reminded of an expression that my late grandmother and mother used to say--'I am learning something new every day...' Having lived till the age of 97, my grandmother's wisdom resonates in my own life today and that expression truly reflects my life experiences.
In 1982 I advocated an issue that had a great economic bearing on my family's life--that of zoning--made it that of my neighbors' and ultimately a cause for the whole community.
In advocating and eventually succeeding in bringing this issue to the Novi City Council it was enacted into law and became a model ordinance for other communities across some counties--It is commonly known as the similar/dissimilar ordinance.
As a political novice, I learned from this experience a basic lesson--to be successful in persuading the powers of government you must articulate a cause, persuade others that it affects them as well and that it will better serve the whole community--rally the people and achieve a cause.
Later as a member of the City Council I learned how to weigh the opposing views and come to a decision which is fair to all concerned. Also that you may not always have your views adopted--in fact what may eventually evolve is a compromise.
When the death of a dear young friend, an aide to former Senator Honigman, and the resignation of this state senator thrust me into the realm of state politics, I learned much about the power of fate and being there at the 'right time' in the 'right place' and how it can direct your life. Getting to be a state rep. involved a not too simple process--answering questionnaires and interviews, attending debates, putting up signs and having to bear negative campaigns among other trials and challenges.
And most of all, having the support and love of my husband Victor--the true polished and persevering politician in my heart.
Being with my graduating class the last few years, 'the divine nine' I again have learned another important edict. That serving my constituents with all my heart and soul is the most rewarding experience that will endure with me as I graduate to the upper chamber.
And the fellowships and friendships I was fortunate to cultivate among you have added so much to my character and sense of being.
Being in this chamber at the time of a cataclysmic tragedy in the life of our nation made me so conscious of the blessings of freedom and of the higher spiritual character of our nation and its people. And as we go forth to another political venue, let us build on these blessings of friendships and fellowships as we serve our people, state and nation.
I want you to know that you, my friends and colleagues, have had an immense impact on my life. We shared many days and nights of debate, exchange of ideas, red lights, green lights that registered our views, our beliefs and what we thought was of benefit to our constituents.
To my grandmother and mother, children and grandchildren--yes I am still learning. Most of all I am grateful, fortunate and thankful for being a representative of the people.
I have a feeling that all of us have someone or someones in our background, who like me, have been our inspiration. Importantly, you and I are truly linked by the experiences we've shared and forevermore will be joined by this common bond.
Wherever we may wander or roam from this day forward, we will delight in hearing from or seeing each other. We are peers who shared a common history and destiny over the last 4 or 6 years. Fate brought us together but friendship sealed the knot. Thank you for the memories!"
Rep. Durhal
"Thank you Presiding Speaker, Officers of the House of Representatives, my fellow colleagues, staff of the House and visitors:
How often in life does one get to realize his/her dream? Today, I stand before this honorable body having realized my dream of serving in the Michigan House of Representatives. Today, I have come not to reflect upon how I got here although the journey was historic. I am here to rejoice that I am a member of the 92nd Legislature. I represent the symbol of perseverance, courage of conviction in the face of extreme adversity, success in overcoming that adversity, dedication and unswerving work ethic and loyalty to our constitutional guarantee of representative democracy.
In a few days, I will have served the shortest term of office here. Yet I hope that it will be said by those of you whom I've met and worked with, that Fred Durhal was a person of integrity, and of competence. I hope that you will say that in four months he represented his constituents and the great people of this state with honor. I hope that you will say Fred Durhal was a good state representative. You know, politicians love to reflect upon how great they were, are, and will be. If at the end of my term, you can say that Fred Durhal stayed shortly but gave his all to this honorable profession and to this great legislature, I will be grateful.
Because it took me a long time to get here, and my stay was to be brief, I came here ready. For all of my life it seems I have studied and worked in progressive steps to sit in one of these seats. I have served on four levels of government: federal, state, county and city. I have served in two branches of government. I have been political director of the state Democratic Party. But, I'd rather be remembered as a representative who took pride in what he did and a representative who performed his job in keeping with the highest standard of conduct of this great institution.
I want to thank the staff of the House of Representatives, our esteemed Clerk, and Deputy Clerk and their staff. I thank the Sergeants at Arms and Page Corps, who have assisted me courteously and with the highest professionalism, and all of my colleagues who have warmly welcomed me from both sides of the aisle. Special thanks go to Alan Canady, David Newman, Janell Freeman, Carole Davenport, Eric Pate, Morgan Trinkaus and Rachanee Therakulsathit for service above and beyond the call of duty.
Finally I thank Speaker Johnson, Democratic Leader Buzz Thomas, Associate Speaker Pro Tem Julian, Majority Floor Leader Bruce Patterson and Minority Floor Leader Gilda Jacobs for their support, advise and counsel during my stay.
I am proud to be a member of this legislature and look forward to the day that I can again be privileged to serve. God Bless you and God Bless the Michigan House of Representatives."
Rep. Godchaux:
"Upon leaving the Michigan House of Representatives. I was challenged this a.m. to remember a tradition of this house, I apologize to those that have gone before... The Blues Brothers and their wooden nickels, Bill and Bill... But this is my contribute to this tradition... I thank my community, I thank my colleagues, I thank my committee mates, my seatmate, And especially those that have worked these six years making me look good, our support staff. I remind my colleagues, past present and future, I remind my colleagues of our grounding in common law, I remind my colleagues to respect the rights of others, And urge my colleagues to respect those that created our law. I caution future legislators, those here and those yet to take their seats, I caution those that would create laws to solve others' problems, I caution those that would create laws to impose belief, Respect for our law is to create new, sparingly. So with this advice I have finished. Now I will sit down and take my place, Among those that have taught us, To respect those that got us here, And respect the citizens of this great state to do what is right. Thank you. I hope I have, in some small, contributed to the tradition of this House."
Rep. Jansen:
"Mr. Speaker, I first want to introduce and thank my faithful and hardworking staff Carol Cruz and Chris McClean. Both ladies are retiring as I leave the House and I want to publicly thank them for their hard work and commitment to making the 72nd District a very well cared for constituency. Both have worked for a total of 23 years for the people of Michigan. I also want to give a huge thank you to our central staffs and the House Fiscal Agency staff as they have spent hundreds of hours reviewing budgets and policy in my office to satisfy the Chair. It is hard to believe that 6 years ago I was standing on this House floor in awe of this chamber and what it meant for this Iowa farm boy. I was speechless. I was privileged to watch leaders like parliamentarian expert Frank Fitzgerald and statesman Speaker of the House Paul Hillegonds. I experienced time with leaders like Hertel, Hood, Gagliardi, Matthieu, Gilmer and Jellema just to name a few. My staff just researched the Republican legislative experience of the 1996 session members compared to the 2003 Republican legislative members. 1996 had about 421 years of legislative experience in 56 members and the class of 2003 has 101 years with 63 members. I was drilled by my 1996 caucus to remember that honesty, integrity and your word is all you have in the House. I believe these core values should never change. It is up to each of you remaining here to carry out your core values. I often heard the phrase that 'good policy makes good politics'! As I think about my 6 years of service in the House I must say that phrase is invaluable. I would like to thank the citizens of the 72nd district for the honor and privilege of serving you in Lansing. Above all, many thanks to my family for their love and patience even though I missed many ball games, meals and memories for the sake of good government. I have made some good friends on both sides of the aisle and want to thank you for that honor and hope they will somehow stay alive. As we think back on these days as a legislator, may we always remember the times we fought to make this state a better place for all. Thank you and May God Bless you and yours in your days ahead."
By unanimous consent the House returned to the order of
Motions and Resolutions
Reps. Clark, Neumann, Richardville, Murphy, DeRossett, Vander Roest, Waters, Jamnick, Dennis, Spade, Hansen, Wojno, Gieleghem, Minore, Rison, Kolb, Thomas, McConico, Lipsey, DeWeese, Rich Brown, Jacobs, Plakas, Woodward, Richner, Garza, Hale, Phillips, Shulman, Durhal, Hardman, Adamini, Ehardt, Lemmons and Reeves offered the following resolution:
House Resolution No. 605.
A resolution honoring the life of Reverend Dr. Herbert B. Robinson, Sr.
Whereas, The Reverend Dr. Herbert B. Robinson, Sr., was a wonderful symbol of Christian life in our community. He was a minister with a life-long calling to serve. He made his peaceful transition on Saturday, November 23, 2002, having lived a long and fulfilled life of loving and being loved in return; and
Whereas, As a child of 13 years, young Herbert entered the Christian Ministry, just one year after publicly confessing Jesus Christ as his Lord and Savior. For the next sixty-years, he worked diligently to win souls for the Lord. Those who knew him well would say that he was a living example of the Book of Proverbs, 11th Chapter, 30th verse, which reads, ". . .and he that winneth souls is wise."; and
Whereas, Herbert B. Robinson was an educated man, who earned his B.B.S. at the Anchor Theological Seminary and a bachelor's degree in theology from the Wright School of Religion. He also attended Michigan Theological Seminary until his death; and
Whereas, A great and wise shepherd, Reverend Dr. Herbert B. Robinson, Sr., has held pastorates in Mississippi, Tennessee, Illinois, Missouri, Kansas, and Nebraska. In Michigan, in the city of Detroit, on September of 1970, he was elected to the pastorate of True Love Baptist Church and began a full-time ministry of over 32 blessed years; and
Whereas, As a dedicated teacher and leader, Dr. Robinson was Second Vice-President of the Baptist Missionary and Education State Congress of Christian Education, a teacher for the National Baptist Congress of Christian Education, guest lecturer on divorce and remarriage at the William Tyndale Bible College, moderator for the Prospect District Baptist Association, and author of four publications in Christian education, leadership, and counseling. He was frequently called upon to serve as guest lecturer and evangelist and he never failed to accept such requests; and
Whereas, Dr. Robinson was a loving husband to his wife, Mrs. Verdie Robinson. He simply took his life in stride, no questions asked, and embraced the happy moments along with the sad, accepted all things and all persons for what they were. For these reasons he will be well remembered, loved, and respected in the annals of church history for all time; now, therefore, be it
Resolved by the House of Representatives, That the members of this legislative body honor the life of Reverend Dr. Herbert B. Robinson, Sr. May our hearts always be filled with the joy of knowing him; and be it further
Resolved, That a copy of this resolution be transmitted to the family of Reverend Dr. Herbert B. Robinson, Sr., as a token of our esteem.
The question being on the adoption of the resolution,
The resolution was adopted.
Reps. DeVuyst, Waters, Dennis, Rison, Kolb, Thomas, Bovin, McConico, Lipsey, Rocca, Toy, Howell, Richner, Durhal, Clark, Ehardt and Lemmons offered the following resolution:
House Resolution No. 606.
A resolution to approve, and urge the Governor to execute, a certain tribal-state gaming compact between the Match-E-Be-Nash-She-Wish Band of Pottawatomi Indians of Michigan (the Gun Lake Band) and the State of Michigan.
Whereas, Federally recognized Indian tribes have a right under federal law to operate gaming as a means of economic development within states that allow such gaming for any purpose by any person, organization, or entity; and
Whereas, The State of Michigan permits Class III gaming to be operated by nontribal entities under the Michigan Gaming Control and Revenue Act; and
Whereas, The Governor of the State of Michigan has negotiated tribal-state gaming compacts with 11 federally recognized Indian tribes, and the Michigan Legislature has approved all 11 compacts by resolution; and
Whereas, The Match-E-Be-Nash-She-Wish Band of Pottawatomi Indians of Michigan, which is also known as the Gun Lake Band, is a federally recognized Indian tribe; and
Whereas, The principles of fairness, equity, and justice dictate that the State of Michigan enter into a Class III gaming compact with the Gun Lake Band on terms consistent with the tribal-state compacts previously approved by the Michigan Legislature; and
Whereas, A tribal-state gaming compact between the State of Michigan and the Match-E-Be-Nash-She-Wish Band of Pottawatomi Indians of Michigan (the Gun Lake Band) has been prepared. This compact was filed with the Clerk of the Michigan House of Representatives on December 5, 2002, and is available for review; and
Whereas, The compact that has been prepared contains terms and conditions consistent with the previous 11 compacts signed by the Governor of the State of Michigan and approved by the Michigan Legislature; and
Whereas, This compact is the only Michigan compact that contains the additional requirements of adherence to Michigan laws and regulations concerning the production, distribution, and sale of tobacco; and
Whereas, This compact directs that the 8 percent revenue payments are to be made to the Michigan School Aid Fund to the extent permitted by law, or, if for any reason not permitted by state law, the Michigan Strategic Fund or its successor as determined by state law; now, therefore, be it
Resolved by the House of Representatives, That we approve, and urge the Governor to execute, the tribal-state gaming compact on file with the Clerk of the House of Representatives between the Match-E-Be-Nash-She-Wish Band of Pottawatomi Indians (the Gun Lake Band) and the State of Michigan to govern the establishment of one Class III gaming facility located on lands that are the subject of a federal fee-to trust process to become tribal lands of the Match-E-Be-Nash-She-Wish Band of Pottawatomi Indians of Michigan at the northeast corner of the intersection of U.S. 131 and 129th Street, which lands are located in Wayland Township in Allegan County, Michigan (a site of approximately 147 acres); and be it further
Resolved, That copies of this resolution be transmitted to the Governor, representatives of the Match-E-Be-Nash-She-Wish Band of Pottawatomi Indians of Michigan, and the United States Secretary of the Interior.
The resolution was referred to the Committee on Regulatory Reform.
The Speaker, on behalf of the entire membership of the House of Representatives, offered the following concurrent resolution:
House Concurrent Resolution No. 79.
A concurrent resolution honoring Douglas E. Howard, Director of the Michigan Family Independence Agency.
Whereas, Douglas E. Howard has served as Director of the Michigan Family Independence Agency since March of 1999. Since then, he has diligently and aggressively maintained and expanded the agency's nationally recognized welfare reform initiatives with expertise, enthusiasm, and administrative efficiency; and
Whereas, Douglas Howard is well-respected at the national level as a result of his active participation in the development of the 1996 federal Personal Responsibility and Work Opportunity Reconciliation Act and his work as a prominent member, and as president, of the American Public Human Services Association; and
Whereas, In his capacity as Director of the Michigan Family Independence Agency, Douglas Howard has served as a member of the Michigan State Housing Development Authority, State Interagency Coordinating Council for Handicapped Infants and Toddlers, State Child Abuse and Prevention Board, Michigan Workforce Investment Board, State Court Information Management Commission, and Governor's Task Force on Children's Justice; and
Whereas, During his tenure as Director of the Michigan Family Independence Agency, Douglas Howard has provided outstanding leadership in diverse areas including child protection, child support collections, adoptions, food assistance, Electronic Benefits Transfer, and Project Zero; now, therefore, be it
Resolved by the House of Representatives (the Senate concurring), That the members of this legislative body honor Douglas Howard, Director of the Michigan Family Independence Agency; and be it further
Resolved, That a copy of this resolution be transmitted to Douglas Howard as evidence of our deepest appreciation and enduring esteem.
Pending the reference of the concurrent resolution to a committee,
Rep. Patterson moved that Rule 77 be suspended and the concurrent 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 concurrent resolution,
The concurrent resolution was adopted.
The Speaker, on behalf of the entire membership of the House of Representatives, offered the following concurrent resolution:
House Concurrent Resolution No. 80.
A concurrent resolution honoring Major General E. Gordon Stump, Director of the Department of Military and Veterans Affairs and Adjutant General of Michigan.
Whereas, Major General E. Gordon Stump was appointed to his current position as the Director of the Department of Military and Veterans Affairs and Adjutant General of Michigan by Governor John Engler on February 3, 1991; and
Whereas, In this position he commands 150 units of the Michigan Army and Air National Guard, directs operations of two veterans' nursing homes with a capacity of 1,000 beds, and administers grants to 12 veterans' service organizations; and
Whereas, General Stump began his military career in June 1965 when he received an ROTC commission as a second lieutenant from the University of Akron. Upon graduation, he earned a degree in mechanical engineering. He received his wings and the commander's trophy for placing first in his pilot training class at Webb Air Force Base, Texas in September of 1966. From July 1967 through July 1969, he flew 241 combat missions out of South Vietnam and Thailand. Forty-one of these missions were over North Vietnam; and
Whereas, General Stump was released from active duty on December 31, 1969, and joined the Ohio National Guard. He moved to Michigan in March of 1973 when he was promoted in his civilian occupation as an engineer for B.F. Goodrich. Shortly after he arrived, he joined the 107th Tactical Fighter Squadron at Selfridge Air National Base to fly F-100s. The General has maintained his aeronautical rating throughout his career and is currently qualified to fly F-16s and has over 4,000 flight hours to his credit; and
Whereas, Since 1973, General Stump has held a long list of impressive command and staff positions with the Michigan Air National Guard, including flight commander, squadron commander, chief of the command post, and commander of the Michigan Air National Guard. Among his many military decorations and awards are the Legion of Merit, Meritorious Service Medal, Air Medal with Silver Oak Leaf Cluster, Air Force Commendation Medal, Vietnam Service Medal, Republic of Vietnam Campaign Medal, State Legion of Merit, and many more; and
Whereas, General Stump has served as the President of the National Guard Association of the United States and currently serves as an advisor to the Secretary of Defense as a member of the Reserve Forces Policy Board; and
Whereas, Upon accepting the Governor's appointment, General Stump retired from the Michelin Tire Corporation, formerly Uniroyal/Goodrich, as vice president of automotive engineering. He serves as a committee member on a wide range of state, military, and professional organizations. He lives in Okemos with his wife, Marie, and has two married children, Scott and Traci; now, therefore, be it
Resolved by the House of Representatives (the Senate concurring), That the members of this legislative body honor Major General E. Gordon Stump, Director of the Department of Military and Veterans Affairs and Adjutant General of Michigan; and be it further
Resolved, That a copy of this resolution be transmitted to General Stump as a symbol of our appreciation and gratitude of his accomplishments and the high esteem in which he is held by the state of Michigan.
Pending the reference of the concurrent resolution to a committee,
Rep. Patterson moved that Rule 77 be suspended and the concurrent 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 concurrent resolution,
The concurrent resolution was adopted.
The Speaker, on behalf of the entire membership of the House of Representatives, offered the following concurrent resolution:
House Concurrent Resolution No. 81.
A concurrent resolution honoring K.L. Cool, Director of the Michigan Department of Natural Resources.
Whereas, K.L. Cool was selected Director of the Michigan Department of Natural Resources by the Michigan Natural Resources Commission and came to Michigan with his wife, Vicki, in 1996; and
Whereas, The DNR is a cabinet-level state agency with an annual budget of $250 million and nearly 2,300 employees, with far-reaching programs in forestry, fisheries, wildlife, parks and recreation, law-enforcement, and land and mineral services; and
Whereas, K.L. Cool brought to Michigan an outstanding background in conservation management, having served previously as Director of the North Dakota Game and Fish Department, Director of the Montana Department of Fish, Wildlife and Parks, Director of the South Dakota's Wildlife division, and Regional Director for Ducks Unlimited; and
Whereas, His impressive repertoire includes a Master's Degree in wildlife management from South Dakota State University and experience as a Conservation Officer and Wildlife Biologist; and
Whereas, His career has been marked by countless professional awards in every state he has worked in, including Conservationist of the Year by the South Dakota Wildlife Federation, Professional Award from the South Dakota Chapter of the Wildlife Society, Distinguished Alumnus Centennial Certificate from South Dakota State University, Director of the Year from the Western Association of Fish and Wildlife enforcement Programs, and an award for habitat conservation to safeguard the Northern Yellowstone Elk Herd, by the Rocky Mountain Elk Foundation; and
Whereas, As Michigan's DNR Director, K.L. Cool has united the divisions of the agency with a strong, collaborative team management focus, embarked the agency on a philosophy of holistic ecosystem management, crafted clear, productive rapport with conservation constituencies throughout the state, and recommitted the agency as a whole to sound, science-based stewardship of the state's resources for present and future generations; and
Whereas, Under K.L. Cool's leadership, Michigan has enjoyed unprecedented accomplishments including massive infrastructural rehabilitation of the State Parks system, establishment of programs to educate young people about Michigan's rich conservation and outdoor heritage, completion of some of the most vital property acquisitions in the history of our state, successful negotiation of tribal fishing rights with the 2000 Consent Decree, creation of Pocket Parks at both the Detroit and Escanaba State Fairs, reintroduction and rehabilitation of myriad wildlife species, the state's most successful annual firearm deer harvest on record, and the safest hunting season on record; now, therefore, be it
Resolved by the House of Representatives (the Senate concurring), That the members of this legislative body honor K.L. Cool, Director of the Michigan Department of Natural Resources; and be it further
Resolved, That a copy of this resolution be transmitted to K.L. Cool, as a token of our admiration for all his work.
Pending the reference of the concurrent resolution to a committee,
Rep. Patterson moved that Rule 77 be suspended and the concurrent 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 concurrent resolution,
The concurrent resolution was adopted.
The Speaker, on behalf of the entire membership of the House of Representatives, offered the following concurrent resolution:
House Concurrent Resolution No. 82.
A concurrent resolution honoring Gregory J. Rosine, Director of the Michigan Department of Transportation.
Whereas, Gregory J. Rosine was named Director of the Michigan Department of Transportation (MDOT) on January 1, 2001, and was responsible for overseeing Michigan's highway construction, public transit programs, and the state's aeronautics bureau; and
Whereas, Mr. Rosine is a graduate of Central Michigan University and earned a bachelor's of science degree in political science with a public administration emphasis. He served as MDOT's Chief Administrative Officer for three years prior to his appointment as director; and
Whereas, Beginning his career in state service in 1979, Mr. Rosine started out as a House Fiscal Agency analyst for the Michigan House of Representatives. In 1987, he was promoted to Associate Director of the Education Regulatory Services Unit and in 1995 assumed the position of Associate Director of Human Resources; and
Whereas, Mr. Rosine is a shining example of a quality state leader. His hard work, transportation experience, and extensive knowledge of state government have been a great asset to this state. His outstanding leadership and achievements are to be commended; now, therefore, be it
Resolved by the House of Representatives (the Senate concurring), That the members of this legislative body honor Gregory J. Rosine, Director of the Michigan Department of Transportation; and be it further
Resolved, That a copy of this resolution be transmitted to Gregory J. Rosine as a token of our admiration for all his work.
Pending the reference of the concurrent resolution to a committee,
Rep. Patterson moved that Rule 77 be suspended and the concurrent 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 concurrent resolution,
The concurrent resolution was adopted.
The Speaker, on behalf of the entire membership of the House of Representatives, offered the following concurrent resolution:
House Concurrent Resolution No. 83.
A concurrent resolution honoring Andrew Henry, Director of the Center for Educational Performance and Information, for his dedicated service to the state of Michigan.
Whereas, It is with great respect that we salute Andrew Henry. His commitment to providing better services in education through the use of technology for all citizens of the state of Michigan and the excellence he has demonstrated in his many duties are to be commended; and
Whereas, Andrew Henry has served as Director of the Center for Educational Performance and Information and directed the implementation of the Michigan Education Information System (MEIS) to collect, manage, and report educational data about the performance of Michigan's public schools and students. During his leadership, the MEIS continued to grow in scope and stature and the state of Michigan was recognized nationally as being ahead of the curve in implementing quality data systems; and
Whereas, His distinguished service to the state of Michigan includes serving as a senior project manager in the
e-Michigan office, where he managed major technology projects and contributed to the successful migration of state agencies' Web sites to a universal Michigan.gov portal. At Michigan State University's College of Education, he was the director of edtech.connect, where his administrative leadership contributed to the development of educational technology throughout the state of Michigan; and
Whereas, Andrew Henry has had a far-reaching and positive impact on the integration of curriculum and technology in the Okemos School District and throughout the state. He began his career in education as a permanent substitute in the Rochester School District, where he taught chemistry. He continued as a hard-working public servant, genuinely concerned with excellence in education, employed as a public school teacher for 10 years with the Okemos School District, where he taught English, computer skills, and managed various district-wide information projects. Ever interested in expanding his knowledge in order to assist others, after completing a bachelor of science degree in physiology at Michigan State University, with an additional major in English, he went on to earn a secondary teaching certificate in chemistry and English from Oakland University and a master's degree in English from Michigan State University. He is currently pursuing a doctoral degree in technology and cognition from MSU. His community service also includes being active with the Cub Scouts, boys' soccer and the Okemos Community Church; and
Whereas, Andrew Henry's leadership, knowledge, and enthusiasm for improving education have truly made a difference for students and schools in Michigan, we are proud to join with his many admirers in honoring him; now, therefore, be it
Resolved by the House of Representatives (the Senate concurring), That the members of this legislative body honor Andrew Henry for his dedicated service to the State of Michigan and to the Center for Educational Performance and Information; and be it further
Resolved, That a copy of this resolution be transmitted to Andrew Henry as a token of our esteem.
Pending the reference of the concurrent resolution to a committee,
Rep. Patterson moved that Rule 77 be suspended and the concurrent 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 concurrent resolution,
The concurrent resolution was adopted.
Reports of Select Committees
House Bill No. 4042, entitled
A bill to amend 1971 PA 227, entitled "An act to prescribe the rights and duties of parties to home solicitation sales," by amending the title and sections 1, 1a, 2, 3, 4, 5, 6, and 7 (MCL 445.111, 445.111a, 445.112, 445.113, 445.114, 445.115, 445.116, and 445.117), section 1 as amended by 1999 PA 18 and sections 2 and 3 as amended by 2000 PA 15.
(For text of conference report, see House Journal No. 69, p. 2731.)
The Senate has adopted the report of the Committee of Conference.
The bill was referred to the Clerk for enrollment printing and presentation to the Governor.
House Bill No. 4632, entitled
A bill to amend 1976 PA 331, entitled "Michigan consumer protection act," by amending section 3 (MCL 445.903), as amended by 2000 PA 14, and by adding section 9a.
(For text of conference report, see House Journal No. 68, p. 2737.)
The Senate has adopted the report of the Committee of Conference.
The bill was referred to the Clerk for enrollment printing and presentation to the Governor.
Introduction of Bills
Reps. Vear and Raczkowski introduced
House Bill No. 6569, entitled
A bill to amend 1965 PA 290, entitled "Boiler act of 1965," by amending section 7a (MCL 408.757a), as amended by 1982 PA 176.
The bill was read a first time by its title and referred to the Committee on Commerce.
Rep. Cassis introduced
House Bill No. 6570, entitled
A bill to amend 1984 PA 270, entitled "Michigan strategic fund act," by amending section 74 (MCL 125.2074), as amended by 1987 PA 278.
The bill was read a first time by its title and referred to the Committee on Tax Policy.
Reps. Vear and Bovin introduced
House Joint Resolution JJ, entitled
A joint resolution proposing an amendment to the state constitution of 1963, by amending sections 2 and 3 of article IV and section 8 of article VII, to modify the term of office for certain state and local offices.
The joint resolution was read a first time by its title and referred to the Committee on Redistricting and Elections.
By unanimous consent the House returned to the order of
Messages from the Governor
The following message from the Governor was received December 5, 2002 and read:
EXECUTIVE ORDER
No. 2002 - 22
IMPLEMENTATION OF EXPENDITURE REDUCTIONS UNDER
PROVISIONS OF ARTICLE V, SECTION 20,
OF THE MICHIGAN CONSTITUTION OF 1963
WHEREAS, Article V, Section 20, of the Michigan Constitution of 1963 states that no appropriation is a mandate to spend, and that the Governor, with the approval of the appropriating committees of the House of Representatives and Senate, shall reduce expenditures authorized by appropriations whenever it appears that actual revenues for a fiscal period will fall below the revenue estimates on which appropriations for that period were based, and that reductions shall be made in accordance with procedures prescribed by law; and
WHEREAS, it appears that actual revenues for the fiscal period October 1, 2002 to September 30, 2003, will fall below the revenue estimates on which appropriations for that period were based, said estimates having been determined by the Legislature in accordance with Article IV, Section 31, of the Constitution of the State of Michigan; and
WHEREAS, under provisions of Section 391, Act 431 of the Public Acts of 1984, on the basis of written information from the State Budget Director and the State Treasurer, a finding has been made that actual revenue will fall below such revenue estimates; and
WHEREAS, there is an unanticipated loss of funding which the departments and agencies of state government do not expect to obtain or make up during the current fiscal year; and
WHEREAS, expenditure reductions totaling $230,586,391.00 general fund-general purpose and $106,810,500.00 special purpose funds are necessary.
NOW, THEREFORE, I, John Engler, Governor of the State of Michigan, pursuant to the authority vested in me by the Michigan Constitution of 1963 and the laws of the State of Michigan, and with the approval of a majority of members of each appropriations committee, do hereby order the following reductions:
A. Portions of general fund-general purpose appropriations amounting to $227,188,891.00 contained in the following public acts are hereby reduced. Where the expenditure reductions of general fund-general purpose appropriations in this order reduce the restricted portions of gross appropriations and sources of financing that will be earned, the amounts to be reduced shall be provided separately to the State Budget Director for approval and entry into the accounts.
Reduction
| Public Act | Department | Amount | |
| _________ | __________ | ________ | |
| 2002 PA 516 | Agriculture | 976,900 | |
| 2002 PA 528 | Attorney General | 844,200 | |
| 2002 PA 518 | Capital Outlay | 427,700 | |
| 2002 PA 517 | Career Development | 694,600 | |
| 2002 PA 528 | Civil Rights | 335,800 | |
| 2002 PA 528 | Civil Service | 250,400 | |
| 2002 PA 161 | Community Colleges | 7,993,308 | |
| 2002 PA 519 | Community Health | 83,031,200 | |
| 2002 PA 527 | Consumer and Industry Services | 899,400 | |
| 2002 PA 524 | Corrections | 12,602,500 | |
| 2002 PA 522 | Education | 419,300 | |
| 2002 PA 520 | Environmental Quality | 2,210,800 | |
| 2002 PA 528 | Executive Office | 125,500 | |
| 2002 PA 529 | Family Independence Agency | 8,031,000 | |
| 2002 PA 144 | Higher Education | 45,306,783 | |
| 2002 PA 523 | History, Arts and Libraries | 1,522,400 | |
| 2002 PA 528 | Management and Budget | 1,100,900 | |
| 2002 PA 517 | Michigan Strategic Fund | 3,000,000 | |
| 2002 PA 514 | Military and Veterans Affairs | 400,800 | |
| 2002 PA 525 | Natural Resources | 1,095,600 | |
| 2002 PA 528 | State | 424,200 | |
| 2002 PA 526 | State Police | 4,305,700 | |
| 2002 PA 528 | Treasury | 51,189,900 | |
___________
227,188,891
B. Unless otherwise provided in Section C, reductions in appropriations for departments and agencies contained in the public acts enumerated in Section A are in amounts equal to 2.5 percent of the total general fund-general purpose appropriation for the respective departments and agencies.
C. The reduction totals for the department and agencies in Section A include the following appropriation items or are predicated upon the following actions:
1. Department of Agriculture
Appropriation authorization adjustments required to implement general fund expenditure reductions of $976,900.00, shall be conducted pursuant to section 224, 2002 PA 516.
2. Department of Attorney General
Appropriation authorization adjustments required to implement general fund expenditure reductions of $844,200.00, shall be conducted pursuant to section 216, 2002 PA 528.
3. Capital Outlay
Appropriation Reduction
Number Item Amount
____________ ____ _________
74775 Major special maintenance and remodeling 52,200
for department of community health
74776 Major special maintenance and remodeling 216,900
for department of corrections
74777 Major special maintenance and remodeling 57,400
for family independence agency
74778 Major special maintenance and remodeling 74,400
for department of management and budget
74779 Major special maintenance and remodeling 26,800
for department of state police
427,700
4. Department of Career Development
Appropriation authorization adjustments required to implement general fund expenditure reductions of $694,600.00, shall be conducted pursuant to section 261, 2002 PA 517.
5. Department of Civil Rights
Appropriation authorization adjustments required to implement general fund expenditure reductions of $335,800.00, shall be conducted pursuant to section 216, 2002 PA 528.
6. Department of Civil Service
Appropriation authorization adjustments required to implement general fund expenditure reductions of $250,400.00, shall be conducted pursuant to section 216, 2002 PA 528.
7. Community Colleges
a. Appropriation Reduction
| Number | Item | Amount | |||
| ____________ | ____ | _________ | |||
| 07600 | Alpena Community College | 133,022 | |||
| 07605 | Bay de Noc Community College | 128,464 | |||
| 07610 | Delta College | 370,968 | |||
| 07620 | Glen Oaks Community College | 62,242 | |||
| 07625 | Gogebic Community College | 109,311 | |||
| 07630 | Grand Rapids Community College | 466,617 | |||
| 07635 | Henry Ford Community College | 568,666 | |||
| 07645 | Jackson Community College | 314,789 | |||
| 07650 | Kalamazoo Valley Community College | 321,188 | |||
| 07655 | Kellogg Community College | 252,347 | |||
| 07660 | Kirtland Community College | 76,589 | |||
| 07665 | Lake Michigan College | 135,814 | |||
| 07670 | Lansing Community College | 806,929 | |||
| 07675 | Macomb Community College | 860,968 | |||
| 07680 | Mid Michigan Community College | 114,853 | |||
| 07685 | Monroe County Community College | 111,743 | |||
| 07690 | Montcalm Community College | 80,824 | |||
| 07615 | C.S. Mott Community College | 407,970 | |||
| 07695 | Muskegon Community College | 232,168 | |||
| 07700 | North Central Michigan College | 78,637 | |||
| 07705 | Northwestern Michigan College | 236,901 | |||
| 07710 | Oakland Community College | 543,110 | |||
| 07715 | St. Clair County Community College | 181,920 | |||
| 07720 | Schoolcraft College | 318,753 | |||
| 07725 | Southwestern Michigan College | 171,108 | |||
| 07730 | Washtenaw Community College | 323,974 | |||
| 07735 | Wayne County Community College | 431,316 | |||
| 07740 | West Shore Community College | 59,659 | |||
| 09020 | At-risk student success program | 92,458 | |||
7,993,308
b. Amend subsection (3) of Section 401 of Act No. 161 of the Public Acts of 2002 as follows:
(3) For the fiscal year ending September 30, 2003, the at-risk student success program money is allocated as follows:
| Alpena Community College | $83,509 | ||
| Bay de Noc Community College | 90,860 | ||
| Delta College | 106,480 | ||
| Glen Oaks Community College | 135,060 | ||
| Gogebic Community College | 76,213 | ||
| Grand Rapids Community College | 86,731 | ||
| Henry Ford Community College | 159,713 | ||
| Jackson Community College | 110,288 | ||
| Kalamazoo Valley Community College | 113,179 | ||
| Kellogg Community College | 152,896 | ||
| Kirtland Community College | 165,102 | ||
| Lake Michigan College | 182,082 | ||
| Lansing Community College | 158,719 | ||
| Macomb Community College | 90,081 | ||
| Mid Michigan Community College | 135,470 | ||
| Monroe County Community College | 97,057 | ||
| Montcalm Community College | 67,725 | ||
| Mott Community College | 108,320 | ||
| Muskegon Community College | 204,662 | ||
| North Central Community College | 152,778 | ||
| Northwestern Michigan College | 125,794 | ||
| Oakland Community College | 153,417 | ||
| St. Clair Community College | 86,284 | ||
| Schoolcraft Community College | 148,493 | ||
| Southwestern Michigan College | 176,359 | ||
| Washtenaw Community College | 166,121 | ||
| Wayne County Community College | 138,832 | ||
| West Shore Community College | 127,420 | ||
8. Department of Community Health
a. Appropriation Reduction
| Number | Item | Amount | |||
| ____________ | ____ | _________ | |||
| 33680 | Long-term care services | 16,600,000 | |||
| 14262 | Local MCH services | 2,985,100 | |||
19,585,100
b. In addition, the 2.5 percent reduction from the adjusted general fund appropriations for the Department of Community Health shall not reduce the state's maintenance of effort requirement under the Temporary Assistance for Needy Families program.
Appropriation authorization adjustments required to implement general fund expenditure reductions of $63,446,100.00, shall be conducted pursuant to section 261, 2002 PA 519.
9. Department of Consumer and Industry Services
Appropriation authorization adjustments required to implement general fund expenditure reductions of $899,400.00, shall be conducted pursuant to section 261, 2002 PA 527.
10. Department of Corrections
The reductions in this section and in Section D for the Department of Corrections are in an amount equal to 1.0 percent of the adjusted general fund-general purpose appropriation.
Appropriation Reduction
| Number | Item | Amount | ||
| ____________ | ____ | _________ | ||
| 01050 | Executive direction | 100,000 | ||
| 02070 | Administrative services | 325,000 | ||
| 04133 | Substance abuse testing and treatment | 200,000 | ||
| 02072 | Training | 1,500,000 | ||
| 23322 | Special alternative incarceration program | 7,300 | ||
| 19333 | Probation residential centers | 1,312,000 | ||
| 19335 | Community corrections comprehensive plans and services | 27,000 | ||
| 19337 | Public education and training | 20,000 | ||
| 28531 | County jail reimbursement program | 800,000 | ||
| 10370 | DOJ psychiatric plan - MDCH mental health services | 511,700 | ||
| 16380 | Health care administration | 100,000 | ||
| 16382 | Vaccination program | 500,000 | ||
| 29005 | Academic / vocational programs | 750,000 | ||
| 46002 | Alger maximum correctional facility - Munising | 133,100 | ||
| 47002 | Baraga maximum correctional facility - Baraga | 156,500 | ||
| 49002 | Chippewa correctional facility - Kincheloe | 255,100 | ||
| 50002 | Kinross correctional facility - Kincheloe | 278,800 | ||
| 51002 | Marquette branch prison - Marquette | 127,600 | ||
| 54002 | Newberry correctional facility - Newberry | 141,400 | ||
| 52002 | Oaks correctional facility - Eastlake | 139,800 | ||
| 55002 | Ojibway correctional facility - Marenisco | 145,400 | ||
| 56002 | Pugsley correctional facility - Kingsley | 141,300 | ||
| 83002 | Saginaw correctional facility - Freeland | 127,600 | ||
| 53002 | Standish maximum correctional facility - Standish | 145,900 | ||
| 35002 | Cooper Street correctional facility - Jackson | 161,100 | ||
| 36002 | G. Robert Cotton correctional facility - Jackson | 127,600 | ||
| 32002 | Charles Egeler reception center - Jackson | 127,500 | ||
| 79002 | Gus Harrison correctional facility - Adrian | 285,100 | ||
| 78002 | Huron Valley correctional facility - Ypsilanti | 157,500 | ||
| 89002 | Macomb correctional facility - New Haven | 132,600 | ||
| 87002 | Mound correctional facility - Detroit | 127,500 | ||
| 34002 | Parnall correctional facility - Jackson | 127,600 | ||
| 86002 | Ryan correctional facility - Detroit | 127,500 | ||
| 82002 | Robert Scott correctional facility - Plymouth | 184,600 | ||
| 33002 | Southern Michigan correctional facility - Jackson | 127,600 | ||
| 80002 | Thumb correctional facility - Lapeer | 189,100 | ||
| 85002 | Western Wayne correctional facility - Plymouth | 127,500 | ||
| 67002 | Bellamy Creek correctional facility - Ionia | 617,600 | ||
| 72002 | Earnest C. Brooks correctional facility - Muskegon | 285,100 | ||
| 48002 | Carson City correctional facility - Carson City | 255,100 | ||
| 76002 | Florence Crane correctional facility - Coldwater | 193,900 | ||
| 63002 | Deerfield correctional facility - Ionia | 138,000 | ||
| 61002 | Richard A. Handlon correctional facility - Ionia | 127,600 | ||
| 62002 | Ionia maximum correctional facility - Ionia | 127,500 | ||
| 77002 | Lakeland correctional facility - Coldwater | 127,500 | ||
| 66002 | Muskegon correctional facility - Muskegon | 127,500 | ||
| 70002 | Pine River correctional facility - St. Louis | 127,500 | ||
| 64002 | Riverside correctional facility - Ionia | 157,600 | ||
| 69002 | St. Louis correctional facility - St. Louis | 319,300 | ||
| 05083 | Information technology services and projects | 50,000 | ||
12,602,500
11. Department of Education
The 2.5 percent reduction from the adjusted general fund appropriations for the Department of Education shall not reduce the state's maintenance of effort requirement under the Temporary Assistance for Needy Families program.
Appropriation authorization adjustments required to implement general fund expenditure reductions of $419,300.00, shall be conducted pursuant to section 222, 2002 PA 522.
12. Department of Environmental Quality
a. Appropriation Reduction
Number Item Amount
____________ ____ _________
01017 Office of the Great Lakes 400,000
b. In addition, appropriation authorization adjustments required to implement general fund expenditure reductions of $1,810,800.00, shall be conducted pursuant to section 1501, 2002 PA 520.
13. Executive Office
Appropriation authorization adjustments required to implement general fund expenditure reductions of $125,500.00, shall be conducted pursuant to section 216, 2002 PA 528.
14. Family Independence Agency
The reduction in appropriations for the Family Independence Agency is in an amount equal to 1.0 percent of the adjusted general fund-general purpose appropriation.
The 1.0 percent reduction in general fund appropriations for the Family Independence Agency shall not reduce the state's maintenance of effort requirement under the Temporary Assistance for Needy Families program.
Appropriation authorization adjustments required to implement general fund expenditure reductions of $8,031,000.00, shall be conducted pursuant to section 265, 2002 PA 529.
15. Higher Education
a. Appropriation Reduction
| Number | Item | Amount | ||
| ____________ | ____ | _________ | ||
| 01001 | Central Michigan University | 2,250,197 | ||
| 01501 | Eastern Michigan University | 2,191,030 | ||
| 02001 | Ferris State University | 1,388,071 | ||
| 02501 | Grand Valley State University | 1,502,453 | ||
| 04001 | Lake Superior State University | 356,734 | ||
| 03001 | Michigan State University | 8,149,929 | ||
| 03501 | Michigan Technological University | 1,381,103 | ||
| 04501 | Northern Michigan University | 1,300,382 | ||
| 03201 | Oakland University | 1,309,677 | ||
| 05001 | Saginaw Valley State University | 684,864 | ||
| 05501 | University of Michigan - Ann Arbor | 9,089,481 | ||
| 05801 | University of Michigan - Dearborn | 699,864 | ||
| 05701 | University of Michigan - Flint | 601,730 | ||
| 06501 | Wayne State University | 6,341,406 | ||
| 06001 | Western Michigan University | 3,142,073 | ||
| 03301 | Agricultural experiment station | 921,259 | ||
| 03401 | Cooperative extension service | 794,601 | ||
| 03101 | Japan center for Michigan universities | 7,633 | ||
| 07002 | Higher education database modernization and conversion | 6,250 | ||
| 07350 | Select student supportive services | 54,339 | ||
| 07352 | Michigan college/university partnership program | 16,302 | ||
| 07368 | Morris Hood, Jr. educator development program | 4,128 | ||
| 03510 | State competitive scholarships | 826,403 | ||
| 03512 | Tuition grants | 1,652,580 | ||
| 03514 | Michigan work-study program | 200,404 | ||
| 03516 | Part-time independent student program | 72,578 | ||
| 03518 | Grant for Michigan resident dental graduates | 126,313 | ||
| 03520 | Grant for general degree graduates | 154,610 | ||
| 03522 | Grant for allied health graduates | 23,379 | ||
| 03526 | Michigan education opportunity grants | 57,010 | ||
45,306,783
b. Amend subsection (1) of Section 401 of Act No. 144 of the Public Acts of 2002 as follows:
Sec. 401. (1) Included in part 1 is $6,356,023.00 $6,197,115.00 to Wayne State University for the Joseph F. Young, Sr. psychiatric research and training program. Wayne State University shall use these funds for psychiatric laboratory and clinical research, training, and treatment services. Within the available appropriation, services shall not be denied to any patient who meets established research guidelines for treatment on the basis of personal financial circumstances, age, geographic residence, or projected/actual length of treatment as medically warranted.
c. Amend subsection (1) of Section 433 of Act No. 144 of the Public Acts of 2002 as follows:
Sec. 433. (1) Included in part 1 is $3,281,500.00 $3,199,459.00 for the agricultural experiment station and $2,910,000.00 $2,837,247.00 for the cooperative extension service for project GREEEN. Project GREEEN is intended to address critical regulatory, food safety, economic, and environmental problems faced by this state's plant-based agriculture, forestry, and processing industries. 'GREEEN' is an acronym for generating research and extension to meet environmental and economic needs.
16. Department of History, Arts and Libraries
The 2.5 percent reduction in general fund appropriations for the Department of History, Arts and Libraries shall not reduce the appropriation for Renaissance Zone Tax Reimbursement funding.
Appropriation authorization adjustments required to implement general fund expenditure reductions of $1,522,400.00, shall be conducted pursuant to section 261, 2002 PA 523.
17. Department of Management and Budget
Appropriation authorization adjustments required to implement general fund expenditure reductions of $1,100,900.00, shall be conducted pursuant to section 216, 2002 PA 528.
In order to meet the general fund reduction, the Department of Management and Budget may reduce building occupancy and parking expenditures. The State Budget Director is hereby authorized to take any and all actions necessary to adjust restricted revenue reductions and general fund reductions for the Department of Management and Budget.
18. Michigan Strategic Fund
The reduction in general fund appropriations for the Michigan Strategic Fund is in an amount equal to $3,000,000.00.
Appropriation authorization adjustments required to implement general fund expenditure reductions of $3,000,000.00, shall be conducted pursuant to section 261, 2002 PA 517.
19. Department of Military and Veterans Affairs
The reduction in general fund appropriations for the Department of Military and Veterans Affairs is in an amount equal to 1.0 percent of the total general fund-general purpose appropriation.
The 1.0 percent reduction in general fund appropriations for the Department of Military and Veterans Affairs shall not reduce funding to Veterans Service Organizations nor to veterans homes.
Appropriation authorization adjustments required to implement general fund expenditure reductions of $400,800.00, shall be conducted pursuant to section 261, 2002 PA 514.
20. Department of Natural Resources
Appropriation authorization adjustments required to implement general fund expenditure reductions of $1,095,600.00, shall be conducted pursuant to section 1301, 2002 PA 525.
The Department of Natural Resources may reduce restricted revenue appropriations authorized in a prior fiscal year in order to meet the general fund reduction amount. The State Budget Director is hereby authorized to take any and all actions necessary to adjust restricted revenue reductions and general fund reductions for the Department of Natural Resources.
21. Department of State
Appropriation authorization adjustments required to implement general fund expenditure reductions of $424,200.00, shall be conducted pursuant to section 216, 2002 PA 528.
22. Department of State Police
The reduction in general fund appropriations for the Department of State Police is in an amount equal to 1.5 percent of the total general fund-general purpose appropriation.
The 1.5 percent reduction in general fund appropriations for the Department of State Police shall not result in the layoff of state troopers.
Appropriation authorization adjustments required to implement general fund expenditure reductions of $4,305,700.00, shall be conducted pursuant to section 261, 2002 PA 526.
23. Department of Treasury
a. Appropriation Reduction
| Number | Item | Amount | |||
| ____________ | ____ | _________ | |||
| 09476 | Grants to local governmental units | 9,900,000 | |||
| 08330 | Quality of life bond | 40,000,000 | |||
49,900,000
b. In addition, the 2.5 percent reduction in general fund appropriations for the Department of Treasury shall not reduce the appropriation for Debt Service obligations.
Appropriation authorization adjustments required to implement general fund expenditure reductions of $1,289,900.00, shall be conducted pursuant to section 216, 2002 PA 528.
D. The following general fund-general purpose amounts from work project accounts, totaling $ 3,397,500.00, are hereby reduced:
Appropriation Number Reduction
(Appropriation Year) Item Amount
__________________ ____ _________
02072 (AY 01) Department of Corrections 1,998,800
New employee training program
04138 (AY 95) Department of Corrections1,398,700
Workload automation and imaging
3,397,500
E. Portions of appropriations financed with special purpose revenue amounting to $106,810,500.00 contained in the following public acts are hereby reduced.
Reduction
| Public Act | Department | Amount | |||
| _________ | __________ | ___________ | |||
| 2002 PA 144 | Higher Education | 50,000,000 | |||
| 2002 PA 560 | Transportation | 3,710,500 | |||
| 2002 PA 528 | Treasury | 53,100,000 | |||
106,810,500
F. The reduction totals for the department and agencies in Section E include the following appropriation items or are predicated upon the following actions:
1. Higher Education
Appropriation Reduction
Number Item Amount
____________ ____ _________
80000 Michigan merit award program 50,000,000
2. Department of Transportation
Appropriation Reduction
Number Item Amount
____________ ____ _________
00023 Fire protection grants 3,710,500
3. Department of Treasury
Appropriation Reduction
Number Item Amount
____________ ____ _________
09466 Statutory state general revenue sharing grants 53,100,000
The State Budget Director is hereby authorized to take any and all actions necessary to implement the provisions of this order so that expenditures authorized by appropriations shall be reduced as specified above for the fiscal year October 1, 2002 to September 30, 2003.
[SEAL] Given under my hand and the Great Seal of the State of Michigan this 5th day of December, in the Year of Our Lord, Two Thousand Two.
John Engler
Governor
By the Governor:
Candice S. Miller
Secretary of State
The message was referred to the Clerk.
By unanimous consent the House returned to the order of
Reports of Standing Committees
The Committee on Family and Children Services, by Rep. Hart, Chair, reported
House Bill No. 5439, entitled
A bill to amend 1956 PA 205, entitled "The paternity act," by amending section 2 (MCL 722.712), as amended by 1998 PA 113.
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 5439 To Report Out:
Yeas: Reps. Hart, Vander Veen, DeWeese, Hager, Tabor, Garza,
Nays: None.
The Committee on Family and Children Services, by Rep. Hart, Chair, reported
House Bill No. 6444, entitled
A bill to prescribe the Amber alert of Michigan as the official response to reports of child abductions.
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 6444 To Report Out:
Yeas: Reps. Hart, Vander Veen, DeWeese, Tabor, Garza,
Nays: None.
The Committee on Family and Children Services, by Rep. Hart, Chair, reported
House Bill No. 6445, entitled
A bill to provide for the broadcast of information concerning a child abduction on radio and television stations; and to prescribe the content of the information broadcast.
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 6445 To Report Out:
Yeas: Reps. Hart, Vander Veen, DeWeese, Hager, Tabor, Garza,
Nays: None.
The Committee on Family and Children Services, by Rep. Hart, Chair, reported
House Bill No. 6552, entitled
A bill to amend 1939 PA 280, entitled "The social welfare act," by amending sections 115b, 115f, 115g, and 117e (MCL 400.115b, 400.115f, 400.115g, and 400.117e), section 115b as amended by 1998 PA 516, section 115f as amended by 1998 PA 22, section 115g as amended by 1994 PA 238, and section 117e as amended by 1983 PA 222.
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 6552 To Report Out:
Yeas: Reps. Hart, Vander Veen, DeWeese, Hager, Tabor, Garza,
Nays: None.
The Committee on Family and Children Services, by Rep. Hart, Chair, reported
House Bill No. 6553, entitled
A bill to amend 1971 PA 174, entitled "Office of child support act," by amending section 3 (MCL 400.233), as amended by 2001 PA 564, and by adding section 6a.
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 6553 To Report Out:
Yeas: Reps. Hart, Vander Veen, DeWeese, Hager, Tabor, Garza,
Nays: None.
The Committee on Family and Children Services, by Rep. Hart, Chair, reported
House Bill No. 6554, entitled
A bill to amend 1961 PA 236, entitled "Revised judicature act of 1961," by amending section 2529 (MCL 600.2529), as amended by 2001 PA 202.
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 6554 To Report Out:
Yeas: Reps. Hart, Vander Veen, DeWeese, Hager, Tabor, Garza,
Nays: None.
The Committee on Family and Children Services, by Rep. Hart, Chair, reported
House Bill No. 6555, entitled
A bill to amend 1982 PA 295, entitled "Support and parenting time enforcement act," by amending sections 7, 13, 27, and 35 (MCL 552.607, 552.613, 552.627, and 552.635), section 7 as amended by 2002 PA 572, section 13 as amended by 1998 PA 334, section 27 as amended by 2001 PA 106, and section 35 as amended by 2002 PA 567.
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 6555 To Report Out:
Yeas: Reps. Hart, Vander Veen, DeWeese, Hager, Tabor, Garza,
Nays: None.
The Committee on Family and Children Services, by Rep. Hart, Chair, reported
Senate Bill No. 1505, entitled
A bill to amend 1939 PA 280, entitled "The social welfare act," by amending sections 115f, 115g, 115i, 115j, 115l, and 115m (MCL 400.115f, 400.115g, 400.115i, 400.115j, 400.115l, and 400.115m), section 115f as amended by 1998 PA 22, section 115g as amended and sections 115i and 115l as added by 1994 PA 238, section 115j as amended by 2000 PA 61, and section 115m as added by 1994 PA 207, and by adding sections 115r and 115s.
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 1505 To Report Out:
Yeas: Reps. Hart, Vander Veen, DeWeese, Tabor, Garza,
Nays: None.
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Hart, Chair, of the Committee on Family and Children Services, was received and read:
Meeting held on: Thursday, December 5, 2002, at 9:00 a.m.,
Present: Reps. Hart, Vander Veen, DeWeese, Hager, Tabor, Murphy, Garza,
Absent: Reps. Bernero, Rison,
Excused: Reps. Bernero, Rison.
The Committee on Veterans Affairs, by Rep. Richardville, Chair, reported
Senate Bill No. 1221, entitled
A bill to amend 1967 PA 150, entitled "Michigan military act," by amending section 302 (MCL 32.702).
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 1221 To Report Out:
Yeas: Reps. Richardville, Woronchak, Allen, Patterson, Woodward,
Nays: None.
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Richardville, Chair, of the Committee on Veterans Affairs, was received and read:
Meeting held on: Thursday, December 5, 2002, at 9:00 a.m.,
Present: Reps. Richardville, Woronchak, Allen, Patterson, Woodward,
Absent: Reps. Schermesser, Mans,
Excused: Reps. Schermesser, Mans.
The Committee on Education, by Rep. Kuipers, Chair, reported
House Bill No. 5586, entitled
A bill to amend 1949 PA 300, entitled "Michigan vehicle code," by amending section 57b (MCL 257.57b).
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 5586 To Report Out:
Yeas: Reps. Kuipers, Meyer, Allen, Bradstreet, Palmer, Van Woerkom, Voorhees, Clark, Gieleghem, Spade, Zelenko,
Nays: Reps. Hansen, Bogardus.
The Committee on Education, by Rep. Kuipers, Chair, reported
Senate Bill No. 1506, entitled
A bill to prescribe the powers and duties of the Michigan public educational facilities authority; to provide for the issuance of notes and bonds of the authority; to create funds and accounts; to authorize certain forms of assistance to public schools; to make investments; to exempt certain property from certain taxes; to grant powers and impose duties on officers and agencies of this state and political subdivisions of this state; and to make, accept, and expend certain appropriations.
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 1506 To Report Out:
Yeas: Reps. Kuipers, Meyer, Allen, Bradstreet, Hager, Hart, Palmer, Van Woerkom, Voorhees,
Nays: Reps. Hansen, Bogardus, Clark, Gieleghem, Zelenko.
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Kuipers, Chair, of the Committee on Education, was received and read:
Meeting held on: Thursday, December 5, 2002, at 9:00 a.m.,
Present: Reps. Kuipers, Meyer, Allen, Bradstreet, Hager, Hart, Palmer, Van Woerkom, Voorhees, Hansen, Bogardus, Clark, Gieleghem, Spade, Zelenko,
Absent: Reps. Ruth Johnson, McConico,
Excused: Reps. Ruth Johnson, McConico.
The Committee on Civil Law and the Judiciary, by Rep. Howell, Chair, reported
House Bill No. 4092, entitled
A bill to amend 1961 PA 236, entitled "Revised judicature act of 1961," by amending section 8122 (MCL 600.8122), as amended by 1988 PA 135, and by adding section 9938a.
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 4092 To Report Out:
Yeas: Reps. Howell, Hummel, Palmer, Voorhees, Adamini, Lipsey, Waters,
Nays: None.
The Committee on Civil Law and the Judiciary, by Rep. Howell, Chair, reported
House Bill No. 6186, entitled
A bill to amend 1927 PA 372, entitled "An act to regulate and license the selling, purchasing, possessing, and carrying of certain firearms and gas ejecting devices; to prohibit the buying, selling, or carrying of certain firearms and gas ejecting devices without a license or other authorization; to provide for the forfeiture of firearms under certain circumstances; to provide for penalties and remedies; to provide immunity from civil liability under certain circumstances; to prescribe the powers and duties of certain state and local agencies; to prohibit certain conduct against individuals who apply for or receive a license to carry a concealed pistol; to make appropriations; to prescribe certain conditions for the appropriations; and to repeal all acts and parts of acts inconsistent with this act," by amending section 1 (MCL 28.421), as amended by 2000 PA 381.
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 6186 To Report Out:
Yeas: Reps. Howell, Hummel, Koetje, Palmer, Voorhees, Adamini, Waters,
Nays: None.
The Committee on Civil Law and the Judiciary, by Rep. Howell, Chair, reported
Senate Bill No. 1400, entitled
A bill to amend 1961 PA 236, entitled "Revised judicature act of 1961," by amending sections 1005, 1011, 1019, 1021, and 1023 (MCL 600.1005, 600.1011, 600.1019, 600.1021, and 600.1023), sections 1005, 1019, and 1023 as added by 1996 PA 388, section 1011 as amended by 1998 PA 298, and section 1021 as amended by 2000 PA 56; and to repeal acts and parts of acts.
Without amendment and with the recommendation that the bill pass.
The bill was referred to the order of Second Reading of Bills.
Favorable Roll Call
SB 1400 To Report Out:
Yeas: Reps. Howell, Hummel, Koetje, Palmer, Voorhees, Adamini, Lipsey, Waters,
Nays: None.
The Committee on Civil Law and the Judiciary, by Rep. Howell, Chair, reported
Senate Bill No. 1448, entitled
A bill to amend 1961 PA 236, entitled "Revised judicature act of 1961," by amending sections 1307a and 1344 (MCL 600.1307a and 600.1344), section 1307a as amended by 1986 PA 104 and section 1344 as amended by 1982 PA 226.
With the recommendation that the following amendment be adopted and that the bill then pass.
1. Amend page 3, line 25, by striking out the balance of the bill and inserting:
"(a) Senate Bill No. 1452.
(b) House Bill No. 4090.
(c) House Bill No. 4551.
(d) House Bill No. 4552.
(e) House Bill No. 4553.".
The bill and amendment were referred to the order of Second Reading of Bills.
Favorable Roll Call
SB 1448 To Report Out:
Yeas: Reps. Howell, Hummel, Koetje, Palmer, Voorhees, Adamini,
Nays: None.
The Committee on Civil Law and the Judiciary, by Rep. Howell, Chair, reported
Senate Bill No. 1452, entitled
A bill to amend 1961 PA 236, entitled "Revised judicature act of 1961," by amending sections 2529 and 8371 (MCL 600.2529 and 600.8371), section 2529 as amended by 2001 PA 202 and section 8371 as amended by 1996 PA 388.
With the recommendation that the following amendment be adopted and that the bill then pass.
1. Amend page 9, line 19, by striking out the balance of the enacting section and inserting:
"(a) Senate Bill No. 1448.
(b) House Bill No. 4090.
(c) House Bill No. 4551.
(d) House Bill No. 4552.
(e) House Bill No. 4553.".
The bill and amendment were referred to the order of Second Reading of Bills.
Favorable Roll Call
SB 1452 To Report Out:
Yeas: Reps. Howell, Hummel, Koetje, Palmer, Voorhees, Adamini, Waters,
Nays: None.
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Howell, Chair, of the Committee on Civil Law and the Judiciary, was received and read:
Meeting held on: Thursday, December 5, 2002, at 9:00 a.m.,
Present: Reps. Howell, Hummel, Koetje, Palmer, Voorhees, Adamini, Lipsey, Waters,
Absent: Reps. Mortimer, Richner, McConico,
Excused: Reps. Mortimer, Richner, McConico.
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Shulman, Chair, of the Committee on Appropriations, was received and read:
Meeting held on: Thursday, December 5, 2002, at 8:30 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, Pestka, Phillips, Plakas, Reeves, Stallworth, Switalski, Whitmer.
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Shulman, Chair, of the Committee on Appropriations, was received and read:
Meeting held on: Thursday, December 5, 2002, at 9:30 a.m.,
Present: Reps. Shulman, LaSata, Cameron Brown, Caul, Godchaux, Jansen, Jelinek, Kooiman, Mead, Mortimer, Newell, Pappageorge, Pumford, Shackleton, Stamas, Stewart, Toy, Vander Roest, Frank, Rich Brown, Clarke, Lockwood, Pestka, Phillips, Plakas, Reeves, Stallworth, Switalski, Whitmer.
Second Reading of Bills
House Bill No. 5523, entitled
A bill to amend 1951 PA 51, entitled "An act to provide for the classification of all public roads, streets, and highways in this state, and for the revision of that classification and for additions to and deletions from each classification; to set up and establish the Michigan transportation fund; to provide for the deposits in the Michigan transportation fund of specific taxes on motor vehicles and motor vehicle fuels; to provide for the allocation of funds from the Michigan transportation fund and the use and administration of the fund for transportation purposes; to set up and establish the truck safety fund; to provide for the allocation of funds from the truck safety fund and administration of the fund for truck safety purposes; to set up and establish the Michigan truck safety commission; to establish certain standards for road contracts for certain businesses; to provide for the continuing review of transportation needs within the state; to authorize the state transportation commission, counties, cities, and villages to borrow money, issue bonds, and make pledges of funds for transportation purposes; to authorize counties to advance funds for the payment of deficiencies necessary for the payment of bonds issued under this act; to provide for the limitations, payment, retirement, and security of the bonds and pledges; to provide for appropriations and tax levies by counties and townships for county roads; to authorize contributions by townships for county roads; to provide for the establishment and administration of the state trunk line fund, critical bridge fund, comprehensive transportation fund, and certain other funds; to provide for the deposits in the state trunk line fund, critical bridge fund, comprehensive transportation fund, and certain other funds of money raised by specific taxes and fees; to provide for definitions of public transportation functions and criteria; to define the purposes for which Michigan transportation funds may be allocated; to provide for Michigan transportation fund grants; to provide for review and approval of transportation programs; to provide for submission of annual legislative requests and reports; to provide for the establishment and functions of certain advisory entities; to provide for conditions for grants; to provide for the issuance of bonds and notes for transportation purposes; to provide for the powers and duties of certain state and local agencies and officials; to provide for the making of loans for transportation purposes by the state transportation department and for the receipt and repayment by local units and agencies of those loans from certain specified sources; and to repeal acts and parts of acts," by amending section 10c (MCL 247.660c), as amended by 1990 PA 73.
Was read a second time, and the question being on the adoption of the proposed substitute (H-2) previously recommended by the Committee on Commerce,
The substitute (H-2) was not adopted, a majority of the members serving not voting therefor.
Rep. Scranton moved to substitute (H-3) the bill.
The motion prevailed and the substitute (H-3) was adopted, a majority of the members serving voting therefor.
Rep. Scranton 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 Reps. Thomas and Mans be excused temporarily from today's session.
The motion prevailed.
Rep. Vander Roest moved that Reps. Vear and Kuipers 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. 5523, entitled
A bill to amend 1951 PA 51, entitled "An act to provide for the classification of all public roads, streets, and highways in this state, and for the revision of that classification and for additions to and deletions from each classification; to set up and establish the Michigan transportation fund; to provide for the deposits in the Michigan transportation fund of specific taxes on motor vehicles and motor vehicle fuels; to provide for the allocation of funds from the Michigan transportation fund and the use and administration of the fund for transportation purposes; to set up and establish the truck safety fund; to provide for the allocation of funds from the truck safety fund and administration of the fund for truck safety purposes; to set up and establish the Michigan truck safety commission; to establish certain standards for road contracts for certain businesses; to provide for the continuing review of transportation needs within the state; to authorize the state transportation commission, counties, cities, and villages to borrow money, issue bonds, and make pledges of funds for transportation purposes; to authorize counties to advance funds for the payment of deficiencies necessary for the payment of bonds issued under this act; to provide for the limitations, payment, retirement, and security of the bonds and pledges; to provide for appropriations and tax levies by counties and townships for county roads; to authorize contributions by townships for county roads; to provide for the establishment and administration of the state trunk line fund, critical bridge fund, comprehensive transportation fund, and certain other funds; to provide for the deposits in the state trunk line fund, critical bridge fund, comprehensive transportation fund, and certain other funds of money raised by specific taxes and fees; to provide for definitions of public transportation functions and criteria; to define the purposes for which Michigan transportation funds may be allocated; to provide for Michigan transportation fund grants; to provide for review and approval of transportation programs; to provide for submission of annual legislative requests and reports; to provide for the establishment and functions of certain advisory entities; to provide for conditions for grants; to provide for the issuance of bonds and notes for transportation purposes; to provide for the powers and duties of certain state and local agencies and officials; to provide for the making of loans for transportation purposes by the state transportation department and for the receipt and repayment by local units and agencies of those loans from certain specified sources; and to repeal acts and parts of acts," by amending section 10c (MCL 247.660c), as amended by 1990 PA 73.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 1182 Yeas--93
| Adamini | Garza | Lipsey | Schauer |
| Allen | George | Lockwood | Schermesser |
| Bernero | Gieleghem | Mead | Scranton |
| Birkholz | Gilbert | Meyer | Shackleton |
| Bisbee | Godchaux | Middaugh | Sheltrown |
| Bishop | Hager | Minore | Shulman |
| Bogardus | Hansen | Mortimer | Spade |
| Bovin | Hardman | Murphy | Stamas |
| Bradstreet | Hart | Neumann | Stewart |
| Brown, B. | Howell | Newell | Switalski |
| Brown, C. | Hummel | O'Neil | Tabor |
| Brown, R. | Jacobs | Palmer | Toy |
| Callahan | Jamnick | Pappageorge | Van Woerkom |
| Cassis | Jansen | Pestka | Vander Roest |
| Caul | Jelinek | Phillips | Vander Veen |
| Clark, I. | Johnson, Rick | Pumford | Voorhees |
| Clarke, H. | Julian | Quarles | Waters |
| Daniels | Koetje | Raczkowski | Whitmer |
| Dennis | Kolb | Reeves | Williams |
| DeRossett | Kooiman | Richardville | Wojno |
| DeWeese | Kowall | Richner | Woodward |
| Durhal | LaSata | Rison | Woronchak |
| Ehardt | Lemmons | Rivet | Zelenko |
Frank
Nays--8
| Anderson | Drolet | Johnson, Ruth | Plakas |
| Basham | Gosselin | Patterson | Rocca |
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 1951 PA 51, entitled "An act to provide for the classification of all public roads, streets, and highways in this state, and for the revision of that classification and for additions to and deletions from each classification; to set up and establish the Michigan transportation fund; to provide for the deposits in the Michigan transportation fund of specific taxes on motor vehicles and motor vehicle fuels; to provide for the allocation of funds from the Michigan transportation fund and the use and administration of the fund for transportation purposes; to set up and establish the truck safety fund; to provide for the allocation of funds from the truck safety fund and administration of the fund for truck safety purposes; to set up and establish the Michigan truck safety commission; to establish certain standards for road contracts for certain businesses; to provide for the continuing review of transportation needs within the state; to authorize the state transportation commission, counties, cities, and villages to borrow money, issue bonds, and make pledges of funds for transportation purposes; to authorize counties to advance funds for the payment of deficiencies necessary for the payment of bonds issued under this act; to provide for the limitations, payment, retirement, and security of the bonds and pledges; to provide for appropriations and tax levies by counties and townships for county roads; to authorize contributions by townships for county roads; to provide for the establishment and administration of the state trunk line fund, critical bridge fund, comprehensive transportation fund, and certain other funds; to provide for the deposits in the state trunk line fund, critical bridge fund, comprehensive 3 2 transportation fund, and certain other funds of money raised by specific taxes and fees; to provide for definitions of public transportation functions and criteria; to define the purposes for which Michigan transportation funds may be allocated; to provide for Michigan transportation fund grants; to provide for review and approval of transportation programs; to provide for submission of annual legislative requests and reports; to provide for the establishment and functions of certain advisory entities; to provide for conditions for grants; to provide for the issuance of bonds and notes for transportation purposes; to provide for the powers and duties of certain state and local agencies and officials; to provide for the making of loans for transportation purposes by the state transportation department and for the receipt and repayment by local units and agencies of those loans from certain specified sources; and to repeal acts and parts of acts," by amending sections 10c, 10h, 10l, and 10n (MCL 247.660c, 247.660h, 247.660l, and 247.660n), sections 10c and 10h as amended by 2002 PA 498, section 10l as amended by 1987 PA 234, and section 10n as amended by 2002 PA 329.
The motion prevailed.
The House agreed to the title as amended.
Rep. Richardville moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
Second Reading of Bills
House Bill No. 5977, entitled
A bill to improve the training and education of local corrections officers; to provide for the certification of local corrections officers and the development of standards and requirements for local corrections officers; to provide for the creation of a local corrections officers' advisory council; and to prescribe the powers and duties of certain state officers and agencies.
The bill was read a second time.
Rep. Richardville moved to substitute (H-2) the bill.
The motion prevailed and the substitute (H-2) was adopted, a majority of the members serving voting therefor.
Rep. Richardville moved to amend the bill as follows:
1. Amend page 7, line 26, after "than" by striking out "24" and inserting "12".
The motion prevailed and the amendment was adopted, a majority of the members serving voting therefor.
Rep. Richardville moved to amend the bill as follows:
1. Amend page 9, line 24, after "unless" by striking out the balance of the enacting section and inserting "House Bill No. 5978 of the 91st Legislature is enacted into law.".
The motion prevailed and the amendment was adopted, a majority of the members serving voting therefor.
Rep. Richardville 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. Richardville moved that Rep. DeVuyst 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. 5977, entitled
A bill to improve the training and education of local corrections officers; to provide for the certification of local corrections officers and the development of standards and requirements for local corrections officers; to provide for the creation of a local corrections officers' advisory council; and to prescribe the powers and duties of certain state officers and agencies.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 1183 Yeas--99
| Adamini | Garza | Lockwood | Schermesser |
| Allen | George | McConico | Scranton |
| Anderson | Gieleghem | Mead | Shackleton |
| Basham | Gilbert | Meyer | Sheltrown |
| Bernero | Godchaux | Middaugh | Shulman |
| Birkholz | Hager | Minore | Spade |
| Bisbee | Hansen | Mortimer | Stallworth |
| Bishop | Hardman | Murphy | Stamas |
| Bogardus | Hart | Neumann | Stewart |
| Bovin | Howell | Newell | Switalski |
| Bradstreet | Hummel | O'Neil | Tabor |
| Brown, B. | Jacobs | Palmer | Thomas |
| Brown, C. | Jamnick | Pappageorge | Toy |
| Brown, R. | Jansen | Patterson | Van Woerkom |
| Callahan | Jelinek | Pestka | Vander Roest |
| Cassis | Johnson, Rick | Phillips | Vander Veen |
| Caul | Johnson, Ruth | Pumford | Voorhees |
| Clark, I. | Julian | Quarles | Waters |
| Clarke, H. | Koetje | Reeves | Whitmer |
| Daniels | Kolb | Richardville | Williams |
| Dennis | Kooiman | Richner | Wojno |
| DeRossett | Kowall | Rison | Woodward |
| DeWeese | Kuipers | Rivet | Woronchak |
| Durhal | LaSata | Rocca | Zelenko |
| Frank | Lipsey | Schauer |
Nays--2
Drolet Gosselin
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 improve the training and education of local corrections officers; to provide for the certification of local corrections officers and the development of standards and requirements for local corrections officers; to provide for the creation of a sheriffs coordinating and training office and a local corrections advisory board; and to prescribe the powers and duties of certain local and state officers and agencies.
The motion prevailed.
The House agreed to the title as amended.
Rep. Richardville moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
Second Reading of Bills
House Bill No. 5978, entitled
A bill to amend 1846 RS 171, entitled "Of county jails and the regulation thereof," (MCL 801.1 to 801.27) by adding section 4b.
The bill was read a second time.
Rep. Richardville moved to substitute (H-2) the bill.
The motion prevailed and the substitute (H-2) was adopted, a majority of the members serving voting therefor.
Rep. Richardville moved to amend the bill as follows:
1. Amend page 2, line 14, after "TION" by striking out "(5)" and inserting "(4)".
The motion prevailed and the amendment was adopted, a majority of the members serving voting therefor.
Rep. Kowall 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. Koetje moved that Rep. Raczkowski 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. 5978, entitled
A bill to amend 1846 RS 171, entitled "Of county jails and the regulation thereof," (MCL 801.1 to 801.27) by adding section 4b.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 1184 Yeas--98
| Adamini | Frank | Lemmons | Rocca |
| Allen | Garza | Lipsey | Schauer |
| Anderson | George | Lockwood | Schermesser |
| Basham | Gieleghem | McConico | Shackleton |
| Bernero | Gilbert | Mead | Sheltrown |
| Birkholz | Gosselin | Meyer | Shulman |
| Bisbee | Hager | Middaugh | Spade |
| Bishop | Hansen | Minore | Stallworth |
| Bogardus | Hardman | Mortimer | Stamas |
| Bovin | Hart | Murphy | Stewart |
| Bradstreet | Howell | Neumann | Switalski |
| Brown, B. | Hummel | Newell | Tabor |
| Brown, C. | Jacobs | O'Neil | Toy |
| Brown, R. | Jamnick | Palmer | Van Woerkom |
| Callahan | Jansen | Pappageorge | Vander Roest |
| Cassis | Jelinek | Patterson | Vander Veen |
| Caul | Johnson, Rick | Pestka | Voorhees |
| Clark, I. | Johnson, Ruth | Phillips | Waters |
| Clarke, H. | Julian | Plakas | Whitmer |
| Daniels | Koetje | Pumford | Williams |
| Dennis | Kolb | Quarles | Wojno |
| DeRossett | Kooiman | Reeves | Woodward |
| DeWeese | Kowall | Richardville | Woronchak |
| Durhal | Kuipers | Rivet | Zelenko |
Ehardt LaSata
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.
Reps. Anderson, Basham, Cassis, Caul, Dennis, DeRossett, Julian, Mortimer, Plakas, Shackleton and Shulman were named co-sponsors of the bill.
Second Reading of Bills
House Bill No. 6186, entitled
A bill to amend 1927 PA 372, entitled "An act to regulate and license the selling, purchasing, possessing, and carrying of certain firearms and gas ejecting devices; to prohibit the buying, selling, or carrying of certain firearms and gas ejecting devices without a license or other authorization; to provide for the forfeiture of firearms under certain circumstances; to provide for penalties and remedies; to provide immunity from civil liability under certain circumstances; to prescribe the powers and duties of certain state and local agencies; to prohibit certain conduct against individuals who apply for or receive a license to carry a concealed pistol; to make appropriations; to prescribe certain conditions for the appropriations; and to repeal all acts and parts of acts inconsistent with this act," by amending section 1 (MCL 28.421), as amended by 2000 PA 381.
Was read a second time, and the question being on the adoption of the proposed substitute (H-1) previously recommended by the Committee on Civil Law and the Judiciary,
The substitute (H-1) was adopted, a majority of the members serving voting therefor.
Rep. Middaugh moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
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. 6186, entitled
A bill to amend 1927 PA 372, entitled "An act to regulate and license the selling, purchasing, possessing, and carrying of certain firearms and gas ejecting devices; to prohibit the buying, selling, or carrying of certain firearms and gas ejecting devices without a license or other authorization; to provide for the forfeiture of firearms under certain circumstances; to provide for penalties and remedies; to provide immunity from civil liability under certain circumstances; to prescribe the powers and duties of certain state and local agencies; to prohibit certain conduct against individuals who apply for or receive a license to carry a concealed pistol; to make appropriations; to prescribe certain conditions for the appropriations; and to repeal all acts and parts of acts inconsistent with this act," by amending section 1 (MCL 28.421), as amended by 2000 PA 381.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 1185 Yeas--101
| Adamini | Frank | LaSata | Rocca |
| Allen | Garza | Lemmons | Schauer |
| Anderson | George | Lipsey | Schermesser |
| Basham | Gieleghem | Lockwood | Scranton |
| Bernero | Gilbert | McConico | Shackleton |
| Birkholz | Godchaux | Mead | Sheltrown |
| Bisbee | Gosselin | Meyer | Shulman |
| Bishop | Hager | Middaugh | Spade |
| Bogardus | Hansen | Minore | Stamas |
| Bovin | Hardman | Mortimer | Stewart |
| Bradstreet | Hart | Murphy | Switalski |
| Brown, B. | Howell | Neumann | Tabor |
| Brown, C. | Hummel | Newell | Toy |
| Brown, R. | Jacobs | O'Neil | Van Woerkom |
| Callahan | Jamnick | Palmer | Vander Roest |
| Cassis | Jansen | Pappageorge | Vander Veen |
| Caul | Jelinek | Patterson | Vear |
| Clark, I. | Johnson, Rick | Pestka | Voorhees |
| Clarke, H. | Johnson, Ruth | Phillips | Waters |
| Daniels | Julian | Pumford | Whitmer |
| Dennis | Koetje | Quarles | Williams |
| DeRossett | Kolb | Raczkowski | Wojno |
| DeWeese | Kooiman | Reeves | Woodward |
| Drolet | Kowall | Richardville | Woronchak |
| Durhal | Kuipers | Rivet | Zelenko |
Ehardt
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.
Second Reading of Bills
House Bill No. 4092, entitled
A bill to amend 1961 PA 236, entitled "Revised judicature act of 1961," by amending section 8122 (MCL 600.8122), as amended by 1988 PA 135, and by adding section 9938a.
Was read a second time, and the question being on the adoption of the proposed substitute (H-1) previously recommended by the Committee on Civil Law and the Judiciary,
The substitute (H-1) was adopted, a majority of the members serving voting therefor.
Rep. Switalski moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
Rep. 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. 4092, entitled
A bill to amend 1961 PA 236, entitled "Revised judicature act of 1961," by amending section 8122 (MCL 600.8122), as amended by 1988 PA 135, and by adding section 9938a.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 1186 Yeas--98
| Adamini | Frank | LaSata | Rocca |
| Allen | Garza | Lemmons | Schauer |
| Anderson | George | Lipsey | Schermesser |
| Basham | Gieleghem | Lockwood | Scranton |
| Bernero | Gilbert | Mead | Shackleton |
| Birkholz | Godchaux | Meyer | Sheltrown |
| Bisbee | Gosselin | Middaugh | Shulman |
| Bishop | Hager | Minore | Spade |
| Bogardus | Hansen | Mortimer | Stamas |
| Bovin | Hardman | Murphy | Stewart |
| Bradstreet | Hart | Neumann | Switalski |
| Brown, B. | Howell | Newell | Tabor |
| Brown, C. | Hummel | O'Neil | Toy |
| Brown, R. | Jacobs | Palmer | Van Woerkom |
| Callahan | Jamnick | Pappageorge | Vander Roest |
| Cassis | Jansen | Patterson | Vander Veen |
| Caul | Jelinek | Pestka | Vear |
| Clark, I. | Johnson, Rick | Phillips | Voorhees |
| Clarke, H. | Johnson, Ruth | Pumford | Waters |
| Daniels | Julian | Quarles | Whitmer |
| Dennis | Koetje | Raczkowski | Wojno |
| DeRossett | Kolb | Reeves | Woodward |
| DeWeese | Kooiman | Richardville | Woronchak |
| Durhal | Kowall | Rivet | Zelenko |
Ehardt Kuipers
Nays--1
Drolet
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.
Second Reading of Bills
House Bill No. 6444, entitled
A bill to prescribe the Amber alert of Michigan as the official response to reports of child abductions.
Was read a second time, and the question being on the adoption of the proposed substitute (H-1) previously recommended by the Committee on Family and Children Services,
The substitute (H-1) was adopted, a majority of the members serving voting therefor.
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.
______
Rep. Scranton moved that Rep. Godchaux be excused temporarily from today's session.
The motion prevailed.
Rep. Anderson moved that Rep. McConico be excused temporarily from today's session.
The motion prevailed.
Rep. Vander Roest moved that Rep. Vear 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. 6444, entitled
A bill to prescribe the Amber alert of Michigan as the official response to reports of child abductions.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 1187 Yeas--100
| Adamini | Frank | Lemmons | Rocca |
| Allen | Garza | Lipsey | Schauer |
| Anderson | George | Lockwood | Schermesser |
| Basham | Gieleghem | Mead | Scranton |
| Bernero | Gilbert | Meyer | Shackleton |
| Birkholz | Gosselin | Middaugh | Sheltrown |
| Bisbee | Hager | Minore | Shulman |
| Bishop | Hansen | Mortimer | Spade |
| Bogardus | Hardman | Murphy | Stallworth |
| Bovin | Hart | Neumann | Stamas |
| Bradstreet | Howell | Newell | Stewart |
| Brown, B. | Hummel | O'Neil | Switalski |
| Brown, C. | Jacobs | Palmer | Tabor |
| Brown, R. | Jamnick | Pappageorge | Toy |
| Callahan | Jansen | Patterson | Van Woerkom |
| Cassis | Jelinek | Pestka | Vander Roest |
| Caul | Johnson, Rick | Phillips | Vander Veen |
| Clark, I. | Johnson, Ruth | Plakas | Voorhees |
| Clarke, H. | Julian | Pumford | Waters |
| Dennis | Koetje | Quarles | Whitmer |
| DeRossett | Kolb | Raczkowski | Williams |
| DeWeese | Kooiman | Reeves | Wojno |
| Drolet | Kowall | Richardville | Woodward |
| Durhal | Kuipers | Richner | Woronchak |
| Ehardt | LaSata | Rivet | Zelenko |
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.
Reps. Allen, Anderson, Basham, Birkholz, Bisbee, Bogardus, Rich Brown, Caul, Clarke, DeRossett, DeWeese, Durhal, Hager, Hardman, Hummel, Jacobs, Jamnick, Jansen, Jelinek, Julian, Kowall, Lipsey, Mead, Middaugh, Mortimer, Murphy, Newell, Pappageorge, Richardville, Rocca, Schauer, Schermesser, Shackleton, Shulman, Spade, Stamas, Wojno, Woronchak and Zelenko were named co-sponsors of the bill.
Second Reading of Bills
House Bill No. 6445, entitled
A bill to provide for the broadcast of information concerning a child abduction on radio and television stations; and to prescribe the content of the information broadcast.
Was read a second time, and the question being on the adoption of the proposed substitute (H-1) previously recommended by the Committee on Family and Children Services,
The substitute (H-1) was adopted, a majority of the members serving voting therefor.
Rep. Toy 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. 6445, entitled
A bill to provide for the broadcast of information concerning a child abduction on radio and television stations; and to prescribe the content of the information broadcast.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 1188 Yeas--103
| Adamini | Garza | Lockwood | Schermesser |
| Allen | George | McConico | Scranton |
| Anderson | Gieleghem | Mead | Shackleton |
| Basham | Gilbert | Meyer | Sheltrown |
| Bernero | Gosselin | Middaugh | Shulman |
| Birkholz | Hager | Minore | Spade |
| Bisbee | Hansen | Mortimer | Stallworth |
| Bishop | Hardman | Murphy | Stamas |
| Bogardus | Hart | Neumann | Stewart |
| Bovin | Howell | Newell | Switalski |
| Bradstreet | Hummel | Palmer | Tabor |
| Brown, B. | Jacobs | Pappageorge | Thomas |
| Brown, C. | Jamnick | Patterson | Toy |
| Brown, R. | Jansen | Pestka | Van Woerkom |
| Callahan | Jelinek | Phillips | Vander Roest |
| Cassis | Johnson, Rick | Plakas | Vander Veen |
| Caul | Johnson, Ruth | Pumford | Vear |
| Clark, I. | Julian | Quarles | Voorhees |
| Clarke, H. | Koetje | Raczkowski | Waters |
| Dennis | Kolb | Reeves | Whitmer |
| DeRossett | Kooiman | Richardville | Williams |
| DeWeese | Kowall | Richner | Wojno |
| Drolet | Kuipers | Rison | Woodward |
| Durhal | LaSata | Rivet | Woronchak |
| Ehardt | Lemmons | Rocca | Zelenko |
| Frank | Lipsey | Schauer |
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.
Reps. Anderson, Basham, Bernero, Bisbee, Bishop, Bogardus, Bovin, Bob Brown, Rich Brown, Caul, Clarke, Daniels, Dennis, DeRossett, Durhal, Frank, Hager, Hardman, Howell, Hummel, Jacobs, Jamnick, Jansen, Ruth Johnson, Julian, Kowall, LaSata, Lemmons, Lipsey, McConico, Mead, Middaugh, Mortimer, Murphy, Neumann, Newell, Patterson, Pestka, Phillips, Pumford, Richardville, Rocca, Schauer, Schermesser, Sheltrown, Spade, Stamas, Waters, Williams, Wojno, Woronchak and Zelenko were named co-sponsors of the bill.
Second Reading of Bills
House Bill No. 6234, entitled
A bill to authorize the department of natural resources to convey certain state owned property in Huron county; to prescribe conditions for the conveyance; and to provide for disposition of the revenue from the conveyance.
The bill was read a second time.
Rep. Meyer 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. Sheltrown moved that Rep. Neumann 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. 6234, entitled
A bill to authorize the department of natural resources to convey certain state owned property in Huron 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. 1189 Yeas--98
| Adamini | Frank | Lemmons | Rocca |
| Allen | Garza | Lipsey | Schauer |
| Anderson | George | Lockwood | Schermesser |
| Basham | Gieleghem | McConico | Shackleton |
| Bernero | Gilbert | Mead | Sheltrown |
| Birkholz | Godchaux | Meyer | Shulman |
| Bisbee | Gosselin | Middaugh | Spade |
| Bishop | Hager | Minore | Stamas |
| Bogardus | Hale | Mortimer | Stewart |
| Bovin | Hansen | Murphy | Switalski |
| Bradstreet | Hardman | Newell | Tabor |
| Brown, B. | Hart | O'Neil | Toy |
| Brown, C. | Howell | Palmer | Van Woerkom |
| Brown, R. | Hummel | Pappageorge | Vander Roest |
| Callahan | Jamnick | Patterson | Vander Veen |
| Cassis | Jansen | Pestka | Vear |
| Caul | Jelinek | Phillips | Voorhees |
| Clark, I. | Johnson, Ruth | Plakas | Waters |
| Clarke, H. | Julian | Quarles | Whitmer |
| Daniels | Koetje | Raczkowski | Williams |
| Dennis | Kolb | Reeves | Wojno |
| DeRossett | Kooiman | Richardville | Woodward |
| DeWeese | Kowall | Richner | Woronchak |
| Drolet | Kuipers | Rison | Zelenko |
Durhal LaSata
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.
Second Reading of Bills
House Bill No. 5829, entitled
A bill to amend 1978 PA 368, entitled "Public health code," by amending section 20180 (MCL 333.20180), as added by 1994 PA 52.
Was read a second time, and the question being on the adoption of the proposed substitute (H-2) previously recommended by the Committee on Health Policy,
The substitute (H-2) was adopted, a majority of the members serving voting therefor.
Rep. Vander Veen 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. Vander Roest moved that Rep. Rick Johnson 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. 5829, entitled
A bill to amend 1978 PA 368, entitled "Public health code," by amending section 20180 (MCL 333.20180), as added by 1994 PA 52.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 1190 Yeas--103
| Adamini | Frank | Lemmons | Rocca |
| Allen | Garza | Lipsey | Schauer |
| Anderson | George | Lockwood | Schermesser |
| Basham | Gieleghem | McConico | Scranton |
| Bernero | Gilbert | Mead | Shackleton |
| Birkholz | Godchaux | Meyer | Sheltrown |
| Bisbee | Gosselin | Middaugh | Shulman |
| Bishop | Hager | Minore | Spade |
| Bogardus | Hale | Mortimer | Stamas |
| Bovin | Hansen | Murphy | Stewart |
| Bradstreet | Hardman | Newell | Switalski |
| Brown, B. | Hart | O'Neil | Tabor |
| Brown, C. | Howell | Palmer | Toy |
| Brown, R. | Hummel | Pappageorge | Van Woerkom |
| Callahan | Jacobs | Patterson | Vander Roest |
| Cassis | Jamnick | Pestka | Vander Veen |
| Caul | Jansen | Phillips | Vear |
| Clark, I. | Jelinek | Plakas | Voorhees |
| Clarke, H. | Johnson, Ruth | Pumford | Waters |
| Daniels | Julian | Quarles | Whitmer |
| Dennis | Koetje | Raczkowski | Williams |
| DeRossett | Kolb | Reeves | Wojno |
| DeWeese | Kooiman | Richardville | Woodward |
| Drolet | Kowall | Richner | Woronchak |
| Durhal | Kuipers | Rison | Zelenko |
| Ehardt | LaSata | Rivet |
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.
Second Reading of Bills
House Bill No. 4330, entitled
A bill to amend 1999 PA 94, entitled "Michigan merit award scholarship act," by amending sections 2 and 7 (MCL 390.1452 and 390.1457).
Was read a second time, and the question being on the adoption of the proposed substitute (H-1) previously recommended by the Committee on Education,
The substitute (H-1) was not adopted, a majority of the members serving not voting therefor.
Rep. Vander Roest moved to substitute (H-2) the bill.
The motion did not prevail and the substitute (H-2) was not adopted, a majority of the members serving not voting therefor.
Rep. Pumford moved to substitute (H-4) the bill.
The motion prevailed and the substitute (H-4) was adopted, a majority of the members serving voting therefor.
Rep. Vander Roest moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
Rep. Richardville moved that the bill be placed on its immediate passage.
The motion prevailed, a majority of the members serving voting therefor.
______
Rep. Lockwood moved that Reps. O'Neil and Bob Brown 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. 4330, entitled
A bill to amend 1999 PA 94, entitled "Michigan merit award scholarship act," by amending sections 2 and 7 (MCL 390.1452 and 390.1457).
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 1191 Yeas--101
| Adamini | Garza | LaSata | Schauer |
| Allen | George | Lemmons | Schermesser |
| Anderson | Gieleghem | Lipsey | Scranton |
| Basham | Gilbert | Lockwood | Shackleton |
| Bernero | Godchaux | McConico | Sheltrown |
| Birkholz | Gosselin | Mead | Shulman |
| Bisbee | Hager | Meyer | Spade |
| Bishop | Hale | Middaugh | Stallworth |
| Bogardus | Hansen | Minore | Stamas |
| Bovin | Hardman | Mortimer | Stewart |
| Bradstreet | Hart | Murphy | Switalski |
| Brown, C. | Howell | Newell | Tabor |
| Brown, R. | Hummel | Palmer | 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 |
| DeWeese | Kolb | Richardville | Wojno |
| Drolet | Kooiman | Richner | Woodward |
| Durhal | Kowall | Rivet | Woronchak |
| Ehardt | Kuipers | Rocca | Zelenko |
Frank
Nays--1
Rison
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 1999 PA 94, entitled "Michigan merit award scholarship act," by amending sections 2, 7, and 8 (MCL 390.1452, 390.1457, and 390.1458), sections 7 and 8 as amended by 2002 PA 537.
The motion prevailed.
The House agreed to the title as amended.
Rep. Richardville moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
By unanimous consent the House returned to the order of
Reports of Standing Committees
The Committee on Commerce, by Rep. Allen, Chair, reported
House Bill No. 6063, entitled
A bill to amend 1984 PA 270, entitled "Michigan strategic fund act," (MCL 125.2001 to 125.2093) by adding section 14a.
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 6063 To Report Out:
Yeas: Reps. Allen, Bishop, Bisbee, DeVuyst, Gilbert, Howell, Koetje, Middaugh, Van Woerkom, Vear, Rivet, Kolb, Lemmons, Lipsey, McConico, Zelenko,
Nays: None.
The Committee on Commerce, by Rep. Allen, Chair, reported
Senate Bill No. 795, entitled
A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," (MCL 324.101 to 324.90106) by adding section 32504a.
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 795 To Report Out:
Yeas: Reps. Allen, Bishop, Bisbee, DeVuyst, Gilbert, Middaugh, Van Woerkom, Vear, Rivet, Kolb, Lemmons, Zelenko,
Nays: None.
The Committee on Commerce, by Rep. Allen, Chair, reported
Senate Bill No. 1419, entitled
A bill to amend 2001 PA 122, entitled "Equitable sales and use tax administration act," by amending section 17 (MCL 205.167).
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 1419 To Report Out:
Yeas: Reps. Allen, Bishop, Bisbee, DeVuyst, Gilbert, Van Woerkom, Vear, Rivet, Kolb, Lemmons, Lipsey, Waters, Zelenko,
Nays: Rep. Middaugh.
The Committee on Commerce, by Rep. Allen, Chair, reported
Senate Bill No. 1437, entitled
A bill to amend 1979 PA 152, entitled "State license fee act," by amending section 37 (MCL 338.2237), as amended by 1988 PA 461.
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 1437 To Report Out:
Yeas: Reps. Allen, Bishop, Bisbee, DeVuyst, Gilbert, Middaugh, Vear, Rivet, Kolb, Lemmons, Waters, Zelenko,
Nays: None.
The Committee on Commerce, by Rep. Allen, Chair, reported
Senate Bill No. 1438, entitled
A bill to amend 1980 PA 299, entitled "Occupational code," by amending sections 409, 411, and 2504 (MCL 339.409, 339.411, and 339.2504), section 409 as added by 1988 PA 463, section 411 as amended by 1989 PA 261, and section 2504 as amended by 1984 PA 413, and by adding section 2502a.
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 1438 To Report Out:
Yeas: Reps. Allen, Bishop, Bisbee, DeVuyst, Gilbert, Middaugh, Van Woerkom, Vear, Rivet, Kolb, Lemmons, Lipsey, Waters, Zelenko,
Nays: None.
Second Reading of Bills
House Bill No. 6063, entitled
A bill to amend 1984 PA 270, entitled "Michigan strategic fund act," (MCL 125.2001 to 125.2093) by adding section 14a.
The bill was read a second time.
Rep. Drolet 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. 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
Third Reading of Bills
House Bill No. 6063, entitled
A bill to amend 1984 PA 270, entitled "Michigan strategic fund act," (MCL 125.2001 to 125.2093) by adding section 14a.
The bill was read a third time.
The question being on the passage of the bill,
Rep. Richardville moved that consideration of the bill be postponed temporarily.
The motion prevailed.
Second Reading of Bills
Senate Bill No. 3, entitled
A bill to amend 1947 PA 179, entitled "An act to provide for the incorporation of certain municipal authorities for the collection or disposal, or both, of garbage or rubbish, or both, and for the operation of a dog pound; and to prescribe the powers, rights and duties thereof," (MCL 123.301 to 123.310) by adding section 11.
Was read a second time, and the question being on the adoption of the proposed substitute (H-2) previously recommended by the Committee on Local Government and Urban Policy,
The substitute (H-2) was adopted, a majority of the members serving voting therefor.
Rep. Bisbee moved to amend the bill as follows:
1. Amend page 1, line 1, after the second "THE" by striking out "2001" and inserting "2002".
The motion prevailed and the amendment was adopted, a majority of the members serving voting therefor.
Rep. Jacobs moved to amend the bill as follows:
1. Amend page 3, line 5, after "pay" by inserting "OR ADOPT A RESOLUTION AS PROVIDED IN THIS SUBSECTION PROVIDING FOR PAYMENT".
2. Amend page 4, line 9, after "(B)" by inserting "AN AUTHORITY MAY SATISFY THE PROVISIONS OF THIS SUBSECTION BY ADOPTING A RESOLUTION PROVIDING FOR THE PAYMENT TO THE WITHDRAWING MEMBER OF THE AMOUNTS REQUIRED BY THIS SUBSECTION OVER A PERIOD NOT TO EXCEED 15 YEARS FROM THE WITHDRAWAL DATE. THE AMOUNT SHALL BE PAYABLE IN ANNUAL INSTALLMENTS OR MORE FREQUENTLY AS PROVIDED FOR IN THE RESOLUTION. THE RESOLUTION SHALL PROVIDE FOR THE PAYMENT OF INTEREST AT A RATE NOT LESS THAN THE CURRENT RATE FOR TEN-YEAR TREASURY BILLS AT THE TIME OF THE ADOPTION OF THE RESOLUTION. IF THE AUTHORITY FAILS TO PROVIDE A PAYMENT TO A WITHDRAWING MEMBER WITHIN 90 DAYS AFTER A PAYMENT DATE PROVIDED FOR IN THE RESOLUTION, ALL REMAINING AMOUNTS DUE THE WITHDRAWING MEMBER SHALL IMMEDIATELY BECOME DUE AND THE RESOLUTION SHALL NO LONGER BE EFFECTIVE. A RESOLUTION PROVIDING FOR PAYMENT UNDER THIS SUBSECTION SHALL BE ADOPTED BY A MAJORITY VOTE OF THE MEMBERS OF THE AUTHORITY, WEIGHTED BY THE RECENT PERCENTAGE OF WASTE DELIVERY AND EXCLUDING THE WITHDRAWING MEMBER.".
The motion prevailed and the amendments were adopted, a majority of the members serving voting therefor.
Rep. Bishop moved to amend the bill as follows:
1. Amend page 3, following line 23, by inserting:
"(C) THE MEMBER'S FAIR SHARE OF ANY OBLIGATION TO REIMBURSE THE AUTHORITY FOLLOWING THE MEMBER'S WITHDRAWAL FOR LIABILITY INCURRED BY THE AUTHORITY AS A RESULT OF LITIGATION OR ARBITRATION PROCEEDINGS THAT WERE INITIATED BEFORE THE DATE OF WITHDRAWAL, OR LITIGATION OR ARBITRATION INVOLVING A CAUSE OF ACTION ARISING BEFORE THE DATE OF WITHDRAWAL, IF THE TOTAL AMOUNT OF THE MEMBER'S FAIR SHARE OF THE OBLIGATION CANNOT BE EXACTLY DETERMINED BY THE DATE OF WITHDRAWAL.".
2. Amend page 5, line 10, after "FOR" by inserting "BOTH OF THE FOLLOWING:
(i)".
3. Amend page 5, following line 14, by inserting:
"(ii) THE MEMBER'S FAIR SHARE OF ANY OBLIGATION TO REIMBURSE THE AUTHORITY FOLLOWING THE DISSOLUTION FOR LIABILITY INCURRED BY THE AUTHORITY AS A RESULT OF LITIGATION OR ARBITRATION PROCEEDINGS THAT WERE INITIATED BEFORE THE DATE OF DISSOLUTION, OR LITIGATION OR ARBITRATION INVOLVING A CAUSE OF ACTION ARISING BEFORE THE DATE OF DISSOLUTION, IF THE TOTAL AMOUNT OF THE MEMBER'S FAIR SHARE OF THE OBLIGATION CANNOT BE EXACTLY DETERMINED BY THE TIME THE REQUIREMENTS OF SUBSECTION (7) ARE MET.".
The motion prevailed and the amendments were adopted, a majority of the members serving voting therefor.
Rep. Jacobs moved to amend the bill as follows:
1. Amend page 4, line 13, after the first "OF" by striking out "A MAJORITY" and inserting "60%".
2. Amend page 6, line 13, after "AUTHORITY" by inserting "EXCLUDING CONTRIBUTIONS OF CAPITAL ATTRIBUTED TO THE CLEAN MICHIGAN INITIATIVE BOND FUND".
The motion prevailed and the amendment was adopted, a majority of the members serving voting therefor.
Rep. Woodward moved to amend the bill as follows:
1. Amend page 2, line 3, after "PRICE" by striking out "EQUAL TO THE LESSER" and inserting "NOT LESS THAN THE GREATER".
The motion prevailed and the amendment was adopted, a majority of the members serving voting therefor.
Rep. Woodward moved to amend the bill as follows:
1. Amend page 5, line 3, after "(8)" by striking out "IMMEDIATELY".
The motion prevailed and the amendment was adopted, a majority of the members serving voting therefor.
Rep. Woodward moved to amend the bill as follows:
1. Amend page 7, line 1, after "PERCENTAGE" by striking out the balance of the subdivision and inserting "DETERMINED BY TAKING THE TONNAGE OF MUNICIPAL SOLID WASTE, RECYCLABLE MATERIALS, AND YARD WASTE CONTRIBUTED BY THE MEMBER AND DISPOSED OF BY THE AUTHORITY SINCE ITS INCORPORATION AND DIVIDING THAT AMOUNT BY THE TONNAGE OF MUNICIPAL SOLID WASTE, RECYCLABLE MATERIALS, AND YARD WASTE CONTRIBUTED BY ALL MEMBERS AND DISPOSED OF BY THE AUTHORITY SINCE ITS INCORPORATION, AS DETERMINED, IN THE EVENT OF A DISPUTE, BY STATUTORY AND BINDING ARBITRATION.".
The motion prevailed and the amendment was adopted, a majority of the members serving voting therefor.
Rep. Woodward moved to amend the bill as follows:
1. Amend page 5, line 11, after "TIES" by striking out "SUBSEQUENTLY".
The motion prevailed and the amendment was adopted, a majority of the members serving voting therefor.
Rep. Woodward moved to amend the bill as follows:
1. Amend page 2, line 10, after "OF" by striking out "AN AUTHORITY CONTRACT UNDER SECTION 6" and inserting "ANY CONTRACT".
2. Amend page 2, line 16, by striking out "PUBLIC GOOD FOR WHICH IT WAS CREATED" and inserting "MEMBER'S NEEDS".
The motion prevailed and the amendments were adopted, a majority of the members serving voting therefor.
Rep. Woodward moved to amend the bill as follows:
1. Amend page 5, line 2, after "PROPERTY." by inserting "IN ADDITION, THE AUTHORITY SHALL ESTABLISH A MECHANISM FOR HANDLING FUTURE ENVIRONMENTAL LIABILITIES.".
The motion prevailed and the amendment was adopted, a majority of the members serving voting therefor.
Rep. Woodward moved to amend the bill as follows:
1. Amend page 6, line 13, after "IN" by striking out the balance of the line through "STATEMENTS" on line 14 and inserting "AN AUDIT CONDUCTED FOR THIS PURPOSE".
The motion prevailed and the amendment was adopted, a majority of the members serving voting therefor.
Rep. Woodward moved to amend the bill as follows:
1. Amend page 4, line 23, after "SHALL" by inserting "ESTABLISH A MECHANISM TO MANAGE AND PAY FOR ENVIRONMENTAL ACTIVITIES REQUIRED UNDER EXISTING LAW AND".
2. Amend page 4, line 25, after "CEASING" by striking out "SUCH ACTIVITIES" and inserting "ACTIVITIES DESCRIBED IN SECTION 1".
3. Amend page 5, line 2, after "PROPERTY." by inserting "A QUALIFIED AUTHORITY WITH RESPECT TO WHICH THE REQUIREMENTS OF SUBSECTION (6) HAVE BEEN MET AND A NEW AUTHORITY INCORPORATED UNDER SUBSECTION (10) MAY AGREE TO THE ASSIGNMENT OF CONTRACTS FROM THE QUALIFIED AUTHORITY TO THE NEW AUTHORITY.".
4. Amend page 5, line 16, after "THE" by inserting "MEMBERS OR".
5. Amend page 5, line 17, after "AUTHORITY" by striking out the balance of the subsection and inserting "WITH RESPECT TO WHICH THE REQUIREMENTS OF SUBSECTION (6) HAVE BEEN MET.".
The motion prevailed and the amendments were adopted, a majority of the members serving voting therefor.
Rep. Woodward moved to amend the bill as follows:
1. Amend page 3, line 23, after "CONTRACT." by inserting "IF 2 OR MORE MEMBERS WITHDRAW, THEY ARE JOINTLY LIABLE FOR DAMAGES UNDER THIS SUBDIVISION.".
The motion prevailed and the amendment was adopted, a majority of the members serving voting therefor.
Rep. Birkholz moved to reconsider the vote by which the House adopted the amendment offered previously by
Rep. Jacobs.
The motion prevailed, a majority of the members serving voting therefor.
The question being on the adoption of the amendment offered previously by Rep. Jacobs,
Rep. Jacobs withdrew the amendment.
Rep. Richardville 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
Senate Bill No. 3, entitled
A bill to amend 1947 PA 179, entitled "An act to provide for the incorporation of certain municipal authorities for the collection or disposal, or both, of garbage or rubbish, or both, and for the operation of a dog pound; and to prescribe the powers, rights and duties thereof," (MCL 123.301 to 123.310) by adding section 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. 1192 Yeas--70
| Allen | Gieleghem | Lemmons | Sheltrown |
| Anderson | Gilbert | Mead | Shulman |
| Basham | Gosselin | Meyer | Stallworth |
| Bernero | Hager | Middaugh | Stamas |
| Birkholz | Hansen | Mortimer | Stewart |
| Bisbee | Howell | Newell | Switalski |
| Bishop | Hummel | Palmer | Tabor |
| Bradstreet | Jansen | Pappageorge | Thomas |
| Brown, C. | Jelinek | Patterson | Toy |
| Cassis | Johnson, Rick | Pumford | Van Woerkom |
| Caul | Johnson, Ruth | Raczkowski | Vander Roest |
| Dennis | Julian | Reeves | Vander Veen |
| DeRossett | Koetje | Richardville | Vear |
| DeWeese | Kolb | Richner | Voorhees |
| Drolet | Kooiman | Rocca | Wojno |
| Ehardt | Kowall | Schauer | Woodward |
| Garza | Kuipers | Shackleton | Woronchak |
George LaSata
Nays--22
| Adamini | Godchaux | Murphy | Spade |
| Bovin | Hardman | Pestka | Waters |
| Brown, R. | Jacobs | Phillips | Whitmer |
| Clark, I. | Jamnick | Rivet | Williams |
| Durhal | Lockwood | Scranton | Zelenko |
Frank Minore
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.
Second Reading of Bills
The House returned to the consideration of
House Bill No. 6338, entitled
A bill to enact the uniform securities act (2002) relating to the issuance, offer, sale, or purchase of securities; to prohibit fraudulent practices in relation to securities; to establish civil and criminal sanctions for violations of the act and civil sanctions for violation of the rules promulgated pursuant to the act; to require the registration of broker-dealers, agents, investment advisers, and securities; to make uniform the law with reference to securities; and to repeal acts and parts of acts.
(The bill was considered earlier today, see today's Journal p. 2826)
The question being on the adoption of the amendments offered previously by Rep. Woodward,
Rep. Woodward withdrew the amendments.
Reps. LaSata and Woodward moved to amend the bill as follows:
1. Amend page 93, line 10, after "within" by striking out "1 year" and inserting "2 years".
The motion prevailed and the amendment was adopted, a majority of the members serving voting therefor.
Rep. Richner moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
Rep. Richardville moved that the bill be placed on its immediate passage.
The motion prevailed, a majority of the members serving voting therefor.
______
Rep. Kolb moved that Rep. Schermesser be excused from the balance of today's session.
The motion prevailed.
Rep. Rich Brown moved that Reps. Lipsey and Callahan be excused temporarily from today's session.
The motion prevailed.
Rep. Bogardus moved that Rep. Hale be excused temporarily from today's session.
The motion prevailed.
Rep. Stamas moved that Rep. Hart be excused temporarily from today's session.
The motion prevailed.
Rep. Quarles moved that Rep. Rison 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. 6338, entitled
A bill to enact the uniform securities act (2002) relating to the issuance, offer, sale, or purchase of securities; to prohibit fraudulent practices in relation to securities; to establish civil and criminal sanctions for violations of the act and civil sanctions for violation of the rules promulgated pursuant to the act; to require the registration of broker-dealers, agents, investment advisers, and securities; to make uniform the law with reference to securities; 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. 1193 Yeas--95
| Adamini | Gieleghem | McConico | Scranton |
| Allen | Gilbert | Mead | Shackleton |
| Anderson | Godchaux | Meyer | Sheltrown |
| Basham | Gosselin | Middaugh | Shulman |
| Bernero | Hager | Minore | Spade |
| Birkholz | Hansen | Mortimer | Stamas |
| Bisbee | Hardman | Murphy | Stewart |
| Bishop | Howell | Neumann | Switalski |
| Bogardus | Hummel | Newell | Tabor |
| Bovin | Jacobs | Palmer | Thomas |
| Bradstreet | Jamnick | Pappageorge | Toy |
| Brown, C. | Jansen | Patterson | Van Woerkom |
| Brown, R. | Jelinek | Pestka | Vander Roest |
| Cassis | Johnson, Rick | Phillips | Vander Veen |
| Caul | Johnson, Ruth | Plakas | Vear |
| Dennis | Julian | Pumford | Voorhees |
| DeRossett | Koetje | Quarles | Waters |
| DeWeese | Kolb | Raczkowski | Whitmer |
| Drolet | Kooiman | Reeves | Williams |
| Durhal | Kowall | Richardville | Wojno |
| Ehardt | Kuipers | Richner | Woodward |
| Frank | LaSata | Rivet | Woronchak |
| Garza | Lemmons | Rocca | Zelenko |
| George | Lockwood | Schauer |
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.
House Bill No. 6491, entitled
A bill to amend 1956 PA 218, entitled "The insurance code of 1956," by amending section 602 (MCL 500.602), as amended by 1989 PA 35, and by adding section 603.
(The bill was read a third time and bill postponed temporarily on December 4, see House Journal No. 70, p. 2775.)
The question being on the passage of the bill,
Rep. Richner moved to amend the bill as follows:
1. Amend page 4, line 3, after "SURGERY," by inserting "ACQUIRED IMMUNE DEFICIENCY SYNDROME,".
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. 1194 Yeas--93
| Adamini | George | Lemmons | Rocca |
| Allen | Gieleghem | Lockwood | Schauer |
| Anderson | Gilbert | McConico | Scranton |
| Basham | Godchaux | Mead | Shackleton |
| Bernero | Gosselin | Meyer | Sheltrown |
| Birkholz | Hager | Middaugh | Shulman |
| Bisbee | Hansen | Minore | Spade |
| Bishop | Hardman | Mortimer | Stamas |
| Bogardus | Howell | Murphy | Stewart |
| Bovin | Hummel | Neumann | Switalski |
| Bradstreet | Jacobs | Newell | Tabor |
| Brown, C. | Jamnick | Palmer | Thomas |
| Brown, R. | Jansen | Pappageorge | Toy |
| Cassis | Jelinek | Patterson | Van Woerkom |
| Caul | Johnson, Rick | Pestka | Vander Veen |
| Clark, I. | Johnson, Ruth | Phillips | Vear |
| Clarke, H. | Julian | Pumford | Voorhees |
| DeRossett | Koetje | Quarles | Waters |
| DeWeese | Kolb | Raczkowski | Whitmer |
| Drolet | Kooiman | Reeves | Williams |
| Durhal | Kowall | Richardville | Woodward |
| Ehardt | Kuipers | Richner | Woronchak |
| Frank | LaSata | Rivet | Zelenko |
Garza
Nays--1
Vander Roest
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.
By unanimous consent the House returned to the order of
Motions and Resolutions
Rep. Shulman moved that the Committee on Senior Health, Security and Retirement be discharged from further consideration of House Bill No. 4605.
(For first notice see House Journal No. 70, p. 2821.)
The motion prevailed.
The bill was referred to the order of Second Reading of Bills.
Second Reading of Bills
House Bill No. 6238, entitled
A bill to amend 1949 PA 300, entitled "Michigan vehicle code," (MCL 257.1 to 257.923) by adding section 675e.
The bill was read a second time.
Rep. Richner moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
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. 6238, entitled
A bill to amend 1949 PA 300, entitled "Michigan vehicle code," (MCL 257.1 to 257.923) by adding section 675e.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 1195 Yeas--92
| Adamini | George | Lockwood | Scranton |
| Allen | Gieleghem | McConico | Shackleton |
| Anderson | Gilbert | Mead | Sheltrown |
| Basham | Godchaux | Meyer | Shulman |
| Bernero | Gosselin | Middaugh | Spade |
| Birkholz | Hager | Mortimer | Stallworth |
| Bisbee | Hansen | Murphy | Stamas |
| Bishop | Hardman | Neumann | Stewart |
| Bogardus | Howell | Newell | Switalski |
| Bovin | Hummel | Palmer | Tabor |
| Brown, C. | Jacobs | Pappageorge | Toy |
| Brown, R. | 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 |
| Dennis | Julian | Raczkowski | Waters |
| DeRossett | Koetje | Reeves | Whitmer |
| DeWeese | Kolb | Richardville | Williams |
| Durhal | Kooiman | Richner | Wojno |
| Ehardt | Kowall | Rivet | Woodward |
| Frank | Kuipers | Rocca | Woronchak |
| Garza | LaSata | Schauer | Zelenko |
Nays--2
Bradstreet Drolet
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.
Reps. Adamini, Anderson, Bisbee, Bogardus, Rich Brown, Clarke, Durhal, Gilbert, Hager, Jacobs, Jamnick, Jelinek, Julian, Kolb, Kooiman, Minore, Murphy, Phillips, Pumford, Quarles, Raczkowski, Richardville, Shackleton, Sheltrown, Stewart, Switalski, Van Woerkom, Vear and Zelenko were named co-sponsors of the bill.
Second Reading of Bills
House Bill No. 5149, entitled
A bill to amend 1931 PA 328, entitled "The Michigan penal code," by amending section 535 (MCL 750.535), as amended by 1998 PA 311.
Was read a second time, and the question being on the adoption of the proposed amendments previously recommended by the Committee on Criminal Justice (for amendments, see House Journal No. 68, p. 2642),
The amendments were adopted, a majority of the members serving voting therefor.
Rep. Toy 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. Vander Roest moved that Rep. Hart 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. 5149, entitled
A bill to amend 1931 PA 328, entitled "The Michigan penal code," by amending section 535 (MCL 750.535), as amended by 1998 PA 311.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 1196 Yeas--94
| Adamini | Gieleghem | Lockwood | Scranton |
| Allen | Gilbert | McConico | Shackleton |
| Anderson | Godchaux | Mead | Sheltrown |
| Basham | Gosselin | Meyer | Shulman |
| Bernero | Hager | Middaugh | Spade |
| Birkholz | Hansen | Minore | Stallworth |
| Bisbee | Hardman | Murphy | Stamas |
| Bishop | Howell | Neumann | Stewart |
| Bovin | Hummel | Newell | Switalski |
| Bradstreet | Jacobs | Palmer | Tabor |
| Brown, C. | Jamnick | Pappageorge | Toy |
| Brown, R. | Jansen | Patterson | Van Woerkom |
| Cassis | Jelinek | Pestka | Vander Roest |
| Caul | Johnson, Rick | Phillips | Vander Veen |
| Clark, I. | Johnson, Ruth | Pumford | Vear |
| Clarke, H. | Julian | Quarles | Voorhees |
| Dennis | Koetje | Raczkowski | Waters |
| DeRossett | Kolb | Reeves | Whitmer |
| DeWeese | Kooiman | Richardville | Williams |
| Drolet | Kowall | Richner | Wojno |
| Durhal | Kuipers | Rivet | Woodward |
| Frank | LaSata | Rocca | Woronchak |
| Garza | Lemmons | Schauer | Zelenko |
George Lipsey
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.
Reps. Bovin, Hardman, Howell, Jacobs, Kooiman, Kowall, McConico, Raczkowski, Richardville and Shackleton were named co-sponsors of the bill.
Second Reading of Bills
House Bill No. 5150, entitled
A bill to amend 1927 PA 175, entitled "The code of criminal procedure," by amending section 16z of chapter XVII (MCL 777.16z), as amended by 2000 PA 279.
Was read a second time, and the question being on the adoption of the proposed substitute (H-2) previously recommended by the Committee on Criminal Justice,
The substitute (H-2) was adopted, a majority of the members serving voting therefor.
Rep. Toy 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 Reps. Plakas and Thomas 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. 5150, entitled
A bill to amend 1927 PA 175, entitled "The code of criminal procedure," by amending section 16z of chapter XVII (MCL 777.16z), as amended by 2000 PA 279.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 1197 Yeas--95
| Adamini | Garza | Lipsey | Scranton |
| Allen | George | Lockwood | Shackleton |
| Anderson | Gieleghem | McConico | Sheltrown |
| Basham | Gilbert | Mead | Shulman |
| Bernero | Godchaux | Meyer | Spade |
| Birkholz | Gosselin | Middaugh | Stallworth |
| Bisbee | Hager | Minore | Stamas |
| Bishop | Hansen | Mortimer | Stewart |
| Bogardus | Hardman | Murphy | Switalski |
| Bovin | Howell | Neumann | Tabor |
| Bradstreet | Hummel | Newell | Toy |
| Brown, C. | Jacobs | Palmer | Van Woerkom |
| Brown, R. | Jansen | Pappageorge | Vander Roest |
| Cassis | Jelinek | Patterson | Vander Veen |
| Caul | Johnson, Rick | Pestka | Vear |
| Clark, I. | Johnson, Ruth | Phillips | Voorhees |
| Clarke, H. | Julian | Pumford | Waters |
| Dennis | Koetje | Raczkowski | Whitmer |
| DeRossett | Kolb | Reeves | Williams |
| DeWeese | Kooiman | Richardville | Wojno |
| Drolet | Kowall | Richner | Woodward |
| Durhal | Kuipers | Rivet | Woronchak |
| Ehardt | LaSata | Rocca | Zelenko |
| Frank | Lemmons | Schauer |
Nays--0
In The Chair: Julian
The question being on agreeing to the title of the bill,
Rep. Patterson moved to amend the title to read as follows:
A bill to amend 1927 PA 175, entitled "The code of criminal procedure," by amending section 16z of chapter XVII (MCL 777.16z), as amended by 2002 PA 271.
The motion prevailed.
The House agreed to the title as amended.
Rep. Richardville moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
Reps. Basham, Bovin, Clarke, Hardman, Kowall, Lemmons, McConico, Murphy, Richardville and Zelenko were named co-sponsors of the bill.
Second Reading of Bills
House Bill No. 6119, entitled
A bill to amend 1967 PA 281, entitled "Income tax act of 1967," (MCL 206.1 to 206.532) by adding section 438.
Was read a second time, and the question being on the adoption of the proposed amendments previously recommended by the Committee on Tax Policy (for amendments, see House Journal No. 54, p. 1917),
The amendments were adopted, a majority of the members serving voting therefor.
Rep. Birkholz 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. 6119, entitled
A bill to amend 1967 PA 281, entitled "Income tax act of 1967," (MCL 206.1 to 206.532) by adding section 438.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 1198 Yeas--95
| Adamini | Garza | McConico | Shackleton |
| Allen | George | Mead | Sheltrown |
| Anderson | Gieleghem | Meyer | Shulman |
| Basham | Gilbert | Middaugh | Spade |
| Bernero | Gosselin | Minore | Stallworth |
| Birkholz | Hager | Mortimer | Stamas |
| Bisbee | Hansen | Murphy | Stewart |
| Bishop | Hardman | Neumann | Switalski |
| Bogardus | Howell | Newell | Tabor |
| Bovin | Hummel | Palmer | Thomas |
| Bradstreet | Jamnick | Pappageorge | Toy |
| Brown, C. | Jansen | Patterson | Van Woerkom |
| Brown, R. | Jelinek | Pestka | Vander Roest |
| Cassis | Johnson, Rick | Phillips | Vander Veen |
| Caul | Johnson, Ruth | Pumford | Vear |
| Clark, I. | Julian | Quarles | Voorhees |
| Clarke, H. | Koetje | Raczkowski | Waters |
| Dennis | Kolb | Reeves | Whitmer |
| DeRossett | Kooiman | Richardville | Williams |
| DeWeese | Kowall | Richner | Wojno |
| Drolet | Kuipers | Rivet | Woodward |
| Durhal | LaSata | Rocca | Woronchak |
| Ehardt | Lipsey | Schauer | Zelenko |
| Frank | Lockwood | Scranton |
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.
Second Reading of Bills
House Bill No. 6120, entitled
A bill to establish the Amanda's fund for breast cancer research in the department of community health; to provide for the distribution of money from the fund; to prescribe the duties and powers of certain agencies and officials; and to provide for appropriations.
The bill was read a second time.
Rep. Birkholz moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
Rep. 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. 6120, entitled
A bill to establish the Amanda's fund for breast cancer research in the department of community health; to provide for the distribution of money from the fund; to prescribe the duties and powers of certain agencies and officials; and to provide for appropriations.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 1199 Yeas--94
| Adamini | Garza | Lockwood | Scranton |
| Allen | George | McConico | Shackleton |
| Anderson | Gieleghem | Mead | Sheltrown |
| Basham | Gilbert | Meyer | Shulman |
| Bernero | Gosselin | Middaugh | Spade |
| Birkholz | Hager | Minore | Stallworth |
| Bisbee | Hansen | Mortimer | Stamas |
| Bishop | Howell | Murphy | Stewart |
| Bogardus | Hummel | Newell | Switalski |
| Bovin | Jacobs | Palmer | Tabor |
| Bradstreet | Jamnick | Pappageorge | Toy |
| Brown, C. | Jansen | Patterson | Van Woerkom |
| Brown, R. | Jelinek | Pestka | Vander Roest |
| Cassis | Johnson, Rick | Phillips | Vander Veen |
| Caul | Johnson, Ruth | Pumford | Vear |
| Clark, I. | Julian | Quarles | Voorhees |
| Clarke, H. | Koetje | Raczkowski | Waters |
| Dennis | Kolb | Reeves | Whitmer |
| DeRossett | Kooiman | Richardville | Williams |
| DeWeese | Kowall | Richner | Wojno |
| Drolet | Kuipers | Rivet | Woodward |
| Durhal | LaSata | Rocca | Woronchak |
| Ehardt | Lemmons | Schauer | Zelenko |
Frank Lipsey
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 establish the Amanda's fund for breast cancer research in the department of community health; to provide for the distribution of money from the fund; to prescribe the powers and duties of certain agencies and officials; and to provide for appropriations.
The motion prevailed.
The House agreed to the title as amended.
Rep. Richardville moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
Second Reading of Bills
House Bill No. 4492, entitled
A bill to amend 1971 PA 140, entitled "Glenn Steil state revenue sharing act of 1971," by amending sections 11 and 13 (MCL 141.911 and 141.913), as amended by 1998 PA 532.
Was read a second time, and the question being on the adoption of the proposed substitute (H-2) previously recommended by the Committee on Appropriations,
The substitute (H-2) was adopted, a majority of the members serving voting therefor.
Rep. Shackleton moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
Rep. Richardville moved that the bill be placed on its immediate passage.
The motion prevailed, a majority of the members serving voting therefor.
By unanimous consent the House returned to the order of
Third Reading of Bills
House Bill No. 4492, entitled
A bill to amend 1971 PA 140, entitled "Glenn Steil state revenue sharing act of 1971," by amending sections 11 and 13 (MCL 141.911 and 141.913), as amended by 1998 PA 532.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 1200 Yeas--73
| Allen | Gilbert | LaSata | Rocca |
| Anderson | Godchaux | Lockwood | Schauer |
| Basham | Gosselin | Mead | Scranton |
| Bernero | Hager | Meyer | Shackleton |
| Birkholz | Hansen | Middaugh | Sheltrown |
| Bisbee | Howell | Mortimer | Shulman |
| Bishop | Hummel | Neumann | Spade |
| Bradstreet | Jacobs | Newell | Stamas |
| Brown, C. | Jansen | Palmer | Stewart |
| Brown, R. | Jelinek | Pappageorge | Switalski |
| Cassis | Johnson, Rick | Patterson | Tabor |
| Caul | Johnson, Ruth | Pestka | Toy |
| DeRossett | Julian | Plakas | Van Woerkom |
| DeWeese | Koetje | Pumford | Vander Roest |
| Drolet | Kolb | Quarles | Vander Veen |
| Ehardt | Kooiman | Richardville | Vear |
| Frank | Kowall | Richner | Voorhees |
| George | Kuipers | Rivet | Wojno |
Gieleghem
Nays--25
| Bogardus | Hardman | Murphy | Waters |
| Bovin | Jamnick | Phillips | Whitmer |
| Clark, I. | Lemmons | Raczkowski | Williams |
| Clarke, H. | Lipsey | Reeves | Woodward |
| Dennis | McConico | Stallworth | Woronchak |
| Durhal | Minore | Thomas | Zelenko |
Garza
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.
Second Reading of Bills
House Bill No. 4605, entitled
A bill to amend 1943 PA 240, entitled "State employees' retirement act," by amending sections 45, 46, and 47 (MCL 38.45, 38.46, and 38.47), section 45 as amended by 1988 PA 351.
The bill was read a second time.
Rep. Jamnick moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
Announcement by the Clerk of Printing and Enrollment
The Clerk announced that the following bill had been printed and placed upon the files of the members, Thursday, December 5:
House Bill No. 6568
The Clerk announced that the following Senate bills had been received on Thursday, December 5:
Senate Bill Nos. 63 614 694 1213 1398 1498 1499 1500 1507 1519
By unanimous consent the House returned to the order of
Messages from the Senate
House Bill No. 6480, entitled
A bill to amend 1941 PA 122, entitled "An act to establish a revenue division of the department of treasury; to prescribe its powers and duties as the revenue collection agency of the state; to prescribe certain powers and duties of the state treasurer; to regulate the importation, stamping, and disposition of certain tobacco products; to create the position and to define the powers and duties of the state commissioner of revenue; to provide for the transfer of powers and duties now vested in certain other state boards, commissions, departments and offices; to prescribe certain duties of and require certain reports from the department of treasury; to provide procedures for the payment, administration, audit, assessment, levy of interests or penalties on, and appeals of taxes and tax liability; to prescribe its powers and duties if an agreement to act as agent for a city to administer, collect, and enforce the city income tax act on behalf of a city is entered into with any city; to provide an appropriation; to abolish the state board of tax administration; to prescribe penalties and provide remedies; and to declare the effect of this act," by amending section 30c (MCL 205.30c), as amended by 2001 PA 168.
The Senate has substituted (S-1) the bill.
The Senate has passed the bill as substituted (S-1) and ordered that it be given immediate effect.
The Speaker announced that pursuant to Rule 45, the bill was laid over one day.
Senate Bill No. 63, entitled
A bill to amend 1961 PA 236, entitled "Revised judicature act of 1961," by amending section 2567 (MCL 600.2567), as amended by 1990 PA 346, and by adding section 2568.
The Senate has passed the bill.
The bill was read a first time by its title and referred to the Committee on Local Government and Urban Policy.
Senate Bill No. 614, entitled
A bill to amend 1949 PA 300, entitled "Michigan vehicle code," (MCL 257.1 to 257.923) by adding section 217i.
The Senate has passed the bill.
The bill was read a first time by its title and referred to the Committee on Transportation.
Senate Bill No. 694, entitled
A bill to amend 1949 PA 300, entitled "Michigan vehicle code," by amending section 725a (MCL 257.725a), as amended by 1980 PA 311.
The Senate has passed the bill.
The bill was read a first time by its title and referred to the Committee on Transportation.
Senate Bill No. 1213, entitled
A bill to amend 1956 PA 218, entitled "The insurance code of 1956," by amending sections 456, 2236, 2401, and 2601 (MCL 500.456, 500.2236, 500.2401, and 500.2601), section 456 as amended by 2002 PA 26, section 2236 as amended by 1993 PA 200 and section 2401 as amended by 1982 PA 8.
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. 1398, entitled
A bill to amend 1990 PA 187, entitled "The pupil transportation act," by amending sections 7 and 10a (MCL 257.1807 and 257.1810a), as amended by 2000 PA 49.
The Senate has passed the bill.
The bill was read a first time by its title and referred to the Committee on Transportation.
Senate Bill No. 1498, entitled
A bill to allow for the recovery of certain costs by electric public utilities; to prescribe powers and duties of certain state agencies and officials; and to provide protection against the disclosure of certain information.
The Senate has passed the bill.
The bill was read a first time by its title and referred to the Committee on Energy and Technology.
Senate Bill No. 1499, entitled
A bill to amend 1939 PA 3, entitled "An act to provide for the regulation and control of public utilities and other services affected with a public interest within this state; to provide for alternative energy suppliers; to provide for licensing; to include municipally owned utilities and other providers of energy under certain provisions of this act; to create a public service commission and to prescribe and define its powers and duties; to abolish the Michigan public utilities commission and to confer the powers and duties vested by law on the public service commission; to provide for the continuance, transfer, and completion of certain matters and proceedings; to abolish automatic adjustment clauses; to prohibit certain rate increases without notice and hearing; to qualify residential energy conservation programs permitted under state law for certain federal exemption; to create a fund; to provide for a restructuring of the manner in which energy is provided in this state; to encourage the utilization of resource recovery facilities; to prohibit certain acts and practices of providers of energy; to allow for the securitization of stranded costs; to reduce rates; to provide for appeals; to provide appropriations; to declare the effect and purpose of this act; to prescribe remedies and penalties; and to repeal acts and parts of acts," by amending section 10d (MCL 460.10d), as added by 2000 PA 141.
The Senate has passed the bill.
The bill was read a first time by its title and referred to the Committee on Energy and Technology.
Senate Bill No. 1500, entitled
A bill to amend 1975 PA 228, entitled "Single business tax act," by amending sections 39b and 39e (MCL 208.39b and 208.39e), section 39b as added by 1996 PA 441 and section 39e as added by 2002 PA 531.
The Senate has passed the bill.
The bill was read a first time by its title and referred to the Committee on Tax Policy.
Senate Bill No. 1507, entitled
A bill to amend 1969 PA 306, entitled "Administrative procedures act of 1969," by amending section 45a (MCL 24.245a), as added by 1999 PA 262.
The Senate has passed the bill.
The bill was read a first time by its title and referred to the Committee on House Oversight and Operations.
Senate Bill No. 1519, entitled
A bill to amend 1992 PA 147, entitled "Neighborhood enterprise zone act," by amending section 4 (MCL 207.774), as amended by 2001 PA 93.
The Senate has passed the bill.
The bill was read a first time by its title and referred to the Committee on Tax Policy.
Rep. Adamini moved that Rep. Neumann be excused temporarily from today's session.
The motion prevailed.
Rep. Garza moved that Rep. Thomas 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. Lipsey moved that Rep. McConico be excused temporarily from today's session.
The motion prevailed.
Third Reading of Bills
Rep. Richardville moved that House Bill No. 4605 be placed on its immediate passage.
The motion prevailed, a majority of the members serving voting therefor.
House Bill No. 4605, entitled
A bill to amend 1943 PA 240, entitled "State employees' retirement act," by amending sections 45, 46, and 47 (MCL 38.45, 38.46, and 38.47), section 45 as amended by 1988 PA 351.
The bill was read a third time.
The question being on the passage of the bill,
Rep. Pappageorge moved to substitute (H-3) the bill.
The motion was seconded and the substitute (H-3) 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. 1201 Yeas--90
| Adamini | Garza | LaSata | Schauer |
| Allen | George | Lemmons | Scranton |
| Anderson | Gieleghem | Lipsey | Sheltrown |
| Basham | Gilbert | Lockwood | Shulman |
| Bernero | Godchaux | Mead | Spade |
| Birkholz | Gosselin | Meyer | Stallworth |
| Bisbee | Hager | Middaugh | Stamas |
| Bishop | Hansen | Mortimer | Stewart |
| Bovin | Hardman | Murphy | Switalski |
| Bradstreet | Howell | Newell | Tabor |
| Brown, C. | Hummel | Palmer | Toy |
| Brown, R. | 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 |
| Dennis | Johnson, Ruth | Quarles | Waters |
| DeRossett | Julian | Reeves | Williams |
| DeWeese | Koetje | Richardville | Wojno |
| Drolet | Kolb | Richner | Woodward |
| Durhal | Kooiman | Rivet | Woronchak |
| Ehardt | Kowall | Rocca | Zelenko |
Frank Kuipers
Nays--0
In The Chair: Julian
The question being on agreeing to the title of the bill,
Rep. Patterson moved to amend the title to read as follows:
A bill to amend 1943 PA 240, entitled "State employees' retirement act," by amending sections 45, 46, and 47 (MCL 38.45, 38.46, and 38.47), section 45 as amended by 1988 PA 351 and section 46 as amended by 2002 PA 93, and by adding section 19i.
The motion prevailed.
The House agreed to the title as amended.
Rep. Richardville moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
Reps. Caul, Clarke, DeRossett, Ehardt, Godchaux, Howell, Hummel, Jacobs, Julian, LaSata, Lockwood, Mead, Newell, Pappageorge, Shulman, Stewart, Thomas, Toy, Vander Veen, Van Woerkom, Vear and Voorhees were named co-sponsors of the bill.
Rep. Jamnick moved that his name be removed as sponsor of the bill.
The motion prevailed.
Reps. Anderson, Bovin, Waters, Gieleghem, Schauer, Reeves, Durhal and Hardman moved that their names be removed as co-sponsors of the bill.
The motion prevailed.
______
Rep. Whitmer, under Rule 32(b), made the following statement:
"Mr. Speaker and members of the House:
I did not vote on Roll Call No. 1201 because of a possible conflict of interest."
By unanimous consent the House returned to the order of
Messages from the Senate
House Bill No. 5705, entitled
A bill to make, supplement, and adjust appropriations for various state departments and agencies for the fiscal year ending September 30, 2002 and the fiscal year ending September 30, 2003; to provide for the expenditure of the appropriations; and to repeal acts and parts of acts.
The Senate has substituted (S-2) the bill.
The Senate has passed the bill as substituted (S-2) and ordered that it be given immediate effect.
The Speaker announced that pursuant to Rule 45, the bill was laid over one day.
Rep. Richardville moved that Rule 45 be suspended.
The motion prevailed, 3/5 of the members present voting therefor.
The question being on concurring in the substitute (S-2) made to the bill by the Senate,
Rep. Switalski moved to amend the Senate substitute (S-2) as follows:
1. Amend page 19, line 1, by striking out all of section 156a and adjusting the subtotals, totals, and section 1201 accordingly.
The motion did not prevail and the amendment was not adopted, a majority of the members serving not voting therefor.
Rep. Koetje moved to amend the Senate substitute (S-2) as follows:
1. Amend page 38, following line 13, by inserting:
"MISCELLANEOUS
Sec. 1950. The appropriations in sections 153(3), 157(3) through (20), and 1275 and the appropriation for at-risk student success program in section 153(2) are not appropriated and shall not be expended unless, pursuant to state statute enacted into law by January 15, 2003 and effective prior to January 1, 2004, the election of the members of the board of trustees for Michigan State University, the board of regents for the University of Michigan, and the board of governors for Wayne State University shall be by the electors from districts that are numbered and constituted the same as the 4 judicial districts for the election of judges of the court of appeals set forth in section 302 of the revised judicature act of 1961, 1961 PA 236, MCL 600.302.".
The motion prevailed and the amendment was adopted, a majority of the members serving voting therefor.
Rep. Godchaux moved to reconsider the vote by which the House adopted the amendment offered by Rep. Koetje,
The question being on the motion made by Rep. Godchaux,
Rep. Godchaux demanded the yeas and nays.
The demand was supported.
The question being on the motion by Rep. Godchaux,
The motion did not prevail, a majority of the members serving not voting therefor, by yeas and nays, as follows:
Roll Call No. 1202 Yeas--48
| Adamini | Gieleghem | Middaugh | Sheltrown |
| Anderson | Godchaux | Minore | Spade |
| Basham | Hansen | Murphy | Stewart |
| Bernero | Hardman | Neumann | Switalski |
| Bogardus | Jacobs | Pestka | Toy |
| Bovin | Jamnick | Phillips | Waters |
| Brown, R. | Kolb | Quarles | Whitmer |
| Cassis | LaSata | Reeves | Williams |
| Clark, I. | Lemmons | Richner | Wojno |
| Dennis | Lipsey | Rivet | Woodward |
| Durhal | Lockwood | Schauer | Woronchak |
| Garza | McConico | Scranton | Zelenko |
Nays--42
| Allen | Hager | Kuipers | Shackleton |
| Bisbee | Howell | Mead | Shulman |
| Bishop | Hummel | Meyer | Stallworth |
| Bradstreet | Jansen | Newell | Stamas |
| Brown, C. | Jelinek | Palmer | Tabor |
| Caul | Johnson, Rick | Pappageorge | Van Woerkom |
| Drolet | Johnson, Ruth | Patterson | Vander Roest |
| Ehardt | Julian | Pumford | Vander Veen |
| George | Koetje | Raczkowski | Vear |
| Gilbert | Kooiman | Rocca | Voorhees |
Gosselin Kowall
In The Chair: Julian
Reps. Gosselin, Bradstreet, Vander Veen and Drolet moved to amend the Senate substitute (S-2) as follows:
1. Amend page 38, following line 13, by inserting:
"Sec. 1803. The bureau of state lottery shall not expend funds for the purchase or operation of instant lottery ticket vending machines or a changeplay lottery game.".
The motion did not prevail and the amendment was not adopted, a majority of the members serving not voting therefor.
Rep. Stallworth moved to amend the Senate substitute (S-2) as follows:
1. Amend page 38, following line 9, following subsection (3), by inserting:
"DEPARTMENT OF STATE POLICE
Sec. 1651. It is the intent of the legislature that up to 10% of federal funds received by the state of Michigan for homeland security equipment upgrade grants to local units be allocated for construction of an upgraded Detroit crime lab.".
The motion prevailed and the amendment was adopted, a majority of the members serving voting therefor.
Rep. Gosselin moved to amend the Senate substitute (S-2) as follows:
1. Amend page 38, following line 13, by inserting:
"Sec. 1803. The bureau of state lottery or any other agent or agency of state government shall not expend funds for the purchase or operation of instant lottery ticket vending machines or a changeplay lottery game ever.".
The question being on the adoption of the amendment offered by Rep. Gosselin,
Rep. Gosselin demanded the yeas and nays.
The demand was supported.
The question being on the adoption of the amendment offered by Rep. Gosselin,
The amendment was not adopted, a majority of the members serving not voting therefor, by yeas and nays, as follows:
Roll Call No. 1203 Yeas--32
| Birkholz | Gilbert | Lemmons | Stamas |
| Bishop | Gosselin | Middaugh | Van Woerkom |
| Bradstreet | Hager | Newell | Vander Roest |
| Brown, C. | Hummel | Palmer | Vander Veen |
| Caul | Jansen | Pappageorge | Vear |
| DeWeese | Johnson, Ruth | Patterson | Voorhees |
| Drolet | Kooiman | Raczkowski | Wojno |
| George | Kuipers | Schauer | Woodward |
Nays--41
| Adamini | Durhal | Julian | Shackleton |
| Allen | Ehardt | Koetje | Sheltrown |
| Anderson | Frank | LaSata | Shulman |
| Basham | Gieleghem | Lockwood | Spade |
| Bernero | Hansen | Mead | Stallworth |
| Bisbee | Hardman | Meyer | Stewart |
| Bovin | Howell | Neumann | Tabor |
| Brown, R. | Jacobs | Pestka | Waters |
| Clarke, H. | Jamnick | Richardville | Whitmer |
| Dennis | Johnson, Rick | Rocca | Zelenko |
DeRossett
In The Chair: Julian
The question being on concurring in the substitute (S-2) made to the bill by the Senate,
Rep. Richardville moved that consideration of the bill be postponed temporarily.
The motion prevailed.
By unanimous consent the House returned to the order of
Motions and Resolutions
Rep. Drolet moved that the Committee on Local Government and Urban Policy be discharged from further consideration of House Bill No. 5788.
(For first notice see House Journal No. 70, p. 2821.)
The question being on the motion made by Rep. Drolet,
Rep. Drolet moved that consideration of the motion be postponed for the day.
The motion prevailed.
Reports of Standing Committees
The Committee on Health Policy, by Rep. Ehardt, Chair, reported
Senate Bill No. 1121, entitled
A bill to amend 1978 PA 368, entitled "Public health code," by amending sections 16261, 16401, and 16411 (MCL 333.16261, 333.16401, and 333.16411).
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 1121 To Report Out:
Yeas: Reps. Ehardt, Raczkowski, George, Ruth Johnson, Rocca, Vander Veen, Woronchak, Neumann, Adamini, Hardman, Schauer, Williams,
Nays: Reps. Bradstreet, Scranton.
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Ehardt, Chair, of the Committee on Health Policy, was received and read:
Meeting held on: Thursday, December 5, 2002, at 10:45 a.m.,
Present: Reps. Ehardt, Raczkowski, Bradstreet, George, Ruth Johnson, Rocca, Scranton, Vander Veen, Woronchak, Neumann, Adamini, Garza, Hardman, Schauer, Williams.
The Committee on Local Government and Urban Policy, by Rep. Birkholz, Chair, reported
Senate Bill No. 63, entitled
A bill to amend 1961 PA 236, entitled "Revised judicature act of 1961," by amending section 2567 (MCL 600.2567), as amended by 1990 PA 346, and by adding section 2568.
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 63 To Report Out:
Yeas: Reps. Birkholz, Hager, Gilbert, Hummel, Richardville, Jamnick, Hardman, Minore,
Nays: Rep. Gosselin.
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Birkholz, Chair, of the Committee on Local Government and Urban Policy, was received and read:
Meeting held on: Thursday, December 5, 2002, at 10:30 a.m.,
Present: Reps. Birkholz, Hager, Drolet, Gilbert, Gosselin, Hummel, Richardville, Jamnick, Dennis, Hardman, Minore.
Notices
I hereby give notice that on the next legislative session day I will move to discharge the Committee on Senior Health, Security and Retirement from further consideration of House Bill No. 5469.
Rep. Richardville
I hereby give notice that on the next legislative session day I will move to discharge the Appropriations from further consideration of House Bill No. 5691.
Rep. Richardville
Rep. Stamas moved that the House adjourn.
The motion prevailed, the time being 11:55 p.m.
Associate Speaker Pro Tempore Julian declared the House adjourned until Friday, December 6, at 12:05 a.m.
GARY L. RANDALL
Clerk of the House of Representatives.