hj11140t.064

No. 64

STATE OF MICHIGAN

JOURNAL

OF THE

House of Representatives

90th Legislature

REGULAR SESSION OF 2000

House Chamber, Lansing, Tuesday, November 14, 2000.

2:00 p.m.

The House was called to order by the Speaker.

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

Allen--present

Baird--excused

Basham--present

Birkholz--present

Bisbee--present

Bishop--present

Bogardus--present

Bovin--present

Bradstreet--present

Brater--present

Brewer--present

Brown, Bob--present

Brown, Cameron--present

Byl--present

Callahan--present

Cassis--present

Caul--present

Cherry--present

Clark--present

Clarke--present

Daniels--e/d/s

DeHart--present

Dennis--present

DeRossett--present

DeVuyst--present

DeWeese--present

Ehardt--present

Faunce--present

Frank--present

Garcia--present

Garza--present

Geiger--excused

Gieleghem--present

Gilbert--present

Godchaux--present

Gosselin--present

Green--present

Hager--present

Hale--present

Hanley--present

Hansen--present

Hardman--present

Hart--present

Howell--present

Jacobs--present

Jamnick--excused

Jansen--present

Jelinek--present

Jellema--present

Johnson, Rick--present

Johnson, Ruth--present

Julian--present

Kelly--excused

Kilpatrick--present

Koetje--present

Kowall--present

Kuipers--present

Kukuk--excused

LaForge--present

LaSata--present

Law--present

Lemmons--e/d/s

Lockwood--present

Mans--present

Martinez--present

Mead--present

Middaugh--present

Minore--e/d/s

Mortimer--present

Neumann--present

O'Neil--present

Pappageorge--present

Patterson--present

Perricone--present

Pestka--present

Price--present

Prusi--excused

Pumford--present

Quarles--present

Raczkowski--present

Reeves--present

Richardville--present

Richner--present

Rison--excused

Rivet--present

Rocca--present

Sanborn--present

Schauer--present

Schermesser--excused

Scott--present

Scranton--present

Shackleton--present

Sheltrown--excused

Shulman--present

Spade--present

Stallworth--present

Stamas--present

Switalski--present

Tabor--present

Tesanovich--excused

Thomas--excused

Toy--present

Vander Roest--present

Van Woerkom--present

Vaughn--excused

Vear--present

Voorhees--present

Wojno--excused

Woodward--present

Woronchak--present

e/d/s = entered during session

Rep. Martha Scott, from the 6th District, offered the following invocation:

"O Heavenly Father, we come to You this afternoon saying thank You. Thank You for this wonderful blessed day that we have been able to have in the life of the Legislature. Father God, we ask You to touch each and every one of the legislators and staffers here so that we may be able to do the will of the people of our districts. Father, You have always said: 'when you have done to the least of these, you've done it unto Thee', so let us all be mindful of that as we legislate here in this wonderful chamber. We just want to say thank You that we have been able to serve in this House, this wonderful House in the state of Michigan, where we can make a difference in people's lives. So Father, we just want to say that we are grateful, especially those of us who will not be here in the next session. We thank You that You have allowed us this opportunity and we thank You for those that will be coming after us. Father, give them the wisdom and knowledge to know and understand that it is about Your people that we must always be mindful. So Father, we just say thank You, thank You, thank You! Amen."

______

Rep. Pappageorge moved that Reps. Geiger and Kukuk be excused from today's session.

The motion prevailed.

Rep. Scott moved that Reps. Baird, Jamnick, Rison, Prusi, Kelly, Schermesser, Sheltrown, Tesanovich, Thomas, Vaughn and Wojno be excused from today's session.

The motion prevailed.

The Speaker called the Speaker Pro Tempore to the Chair.

Reports of Standing Committees

The Speaker laid before the House

House Concurrent Resolution No. 114.

A concurrent resolution approving the conveyance of property to the State Building Authority and approving a lease among the State of Michigan, the State Building Authority, and Charles Stewart Mott Community College relative to the Charles Stewart Mott Community College Regional Technology Center.

(For text of resolution, see House Journal No. 61, p. 2210.)

(The concurrent resolution was reported by the Committee on Appropriations on November 9, consideration of which was postponed until today under the rules.)

The question being on the adoption of the concurrent resolution,

The Clerk made the following statement:

"Mr. Speaker and members of the House, the lease and exhibits attached to the resolution are available for review by the membership in the Clerk's office."

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. 934 Yeas--94

Allen Ehardt Kilpatrick Reeves

Basham Faunce Koetje Richardville

Birkholz Frank Kowall Richner

Bisbee Garcia Kuipers Rivet

Bishop Garza LaForge Rocca

Bogardus Gieleghem LaSata Sanborn

Bovin Gilbert Law Schauer

Bradstreet Godchaux Lockwood Scott

Brater Gosselin Mans Scranton

Brewer Green Martinez Shackleton

Brown, B. Hager Mead Shulman

Brown, C. Hale Middaugh Spade

Byl Hanley Mortimer Stallworth

Callahan Hansen Neumann Stamas

Cassis Hardman O'Neil Switalski

Caul Hart Pappageorge Tabor

Cherry Howell Patterson Toy

Clark, I. Jacobs Perricone Van Woerkom

Clarke, H. Jansen Pestka Vander Roest

DeHart Jelinek Price Vear

Dennis Jellema Pumford Voorhees

DeRossett Johnson, Rick Quarles Woodward

DeVuyst Johnson, Ruth Raczkowski Woronchak

DeWeese Julian

Nays--0

In The Chair: Birkholz

______

Rep. Minore entered the House Chambers.

The Speaker laid before the House

House Concurrent Resolution No. 115.

A concurrent resolution approving the conveyance of property to the State Building Authority and approving a lease among the State of Michigan, the State Building Authority, and Northern Michigan University relative to the Northern Michigan University West Science Building Remodeling (Phase II).

(For text of resolution, see House Journal No. 61, p. 2211.)

(The concurrent resolution was reported by the Committee on Appropriations on November 9, consideration of which was postponed until today under the rules.)

The question being on the adoption of the concurrent resolution,

The Clerk made the following statement:

"Mr. Speaker and members of the House, the lease and exhibits attached to the resolution are available for review by the membership in the Clerk's office."

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. 935 Yeas--94

Allen Faunce Koetje Reeves

Basham Frank Kowall Richardville

Birkholz Garcia Kuipers Richner

Bisbee Garza LaForge Rivet

Bishop Gieleghem LaSata Rocca

Bovin Gilbert Law Sanborn

Bradstreet Godchaux Lockwood Schauer

Brater Gosselin Mans Scott

Brewer Green Martinez Scranton

Brown, B. Hager Mead Shackleton

Brown, C. Hale Middaugh Shulman

Byl Hanley Minore Spade

Callahan Hansen Mortimer Stallworth

Cassis Hardman Neumann Stamas

Caul Hart O'Neil Switalski

Cherry Howell Pappageorge Tabor

Clark, I. Jacobs Patterson Toy

Clarke, H. Jansen Perricone Van Woerkom

DeHart Jelinek Pestka Vander Roest

Dennis Jellema Price Vear

DeRossett Johnson, Rick Pumford Voorhees

DeVuyst Johnson, Ruth Quarles Woodward

DeWeese Julian Raczkowski Woronchak

Ehardt Kilpatrick

Nays--0

In The Chair: Birkholz

______

Reps. Daniels and Lemmons entered the House Chambers.

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

The motion prevailed.

The Speaker laid before the House

House Concurrent Resolution No. 117.

A concurrent resolution approving the conveyance of property to the State Building Authority and approving a lease between the State of Michigan and the State Building Authority relative to the Department of Corrections Camp Pugsley Additional Housing Units.

(For text of resolution, see House Journal No. 61, p. 2213.)

(The concurrent resolution was reported by the Committee on Appropriations on November 9, consideration of which was postponed until today under the rules.)

The question being on the adoption of the concurrent resolution,

The Clerk made the following statement:

"Mr. Speaker and members of the House, the lease and exhibits attached to the resolution are available for review by the membership in the Clerk's office."

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. 936 Yeas--94

Allen Faunce Koetje Raczkowski

Basham Frank Kowall Reeves

Birkholz Garcia Kuipers Richardville

Bisbee Garza LaForge Richner

Bishop Gieleghem LaSata Rivet

Bogardus Gilbert Law Rocca

Bovin Godchaux Lemmons Sanborn

Brater Gosselin Lockwood Schauer

Brewer Green Mans Scott

Brown, B. Hager Martinez Shackleton

Brown, C. Hale Mead Shulman

Byl Hanley Middaugh Spade

Callahan Hansen Minore Stallworth

Cassis Hardman Mortimer Stamas

Caul Hart Neumann Switalski

Cherry Howell O'Neil Tabor

Clark, I. Jacobs Pappageorge Toy

Clarke, H. Jansen Patterson Van Woerkom

DeHart Jelinek Perricone Vander Roest

Dennis Jellema Pestka Vear

DeRossett Johnson, Rick Price Voorhees

DeVuyst Johnson, Ruth Pumford Woodward

DeWeese Julian Quarles Woronchak

Ehardt Kilpatrick

Nays--0

In The Chair: Birkholz

The Speaker laid before the House

House Concurrent Resolution No. 118.

(For text of resolution, see House Journal No. 61, p. 2214.)

(The concurrent resolution was reported by the Committee on Appropriations on November 9, consideration of which was postponed until today under the rules.)

The question being on the adoption of the concurrent resolution,

The Clerk made the following statement:

"Mr. Speaker and members of the House, the lease and exhibits attached to the resolution are available for review by the membership in the Clerk's office."

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. 937 Yeas--82

Allen Ehardt Kilpatrick Richardville

Basham Faunce Koetje Richner

Birkholz Frank Kowall Rivet

Bisbee Garcia Kuipers Rocca

Bishop Gieleghem LaSata Sanborn

Bovin Gilbert Law Scranton

Bradstreet Godchaux Lemmons Shackleton

Brewer Gosselin Lockwood Shulman

Brown, B. Green Mans Spade

Brown, C. Hager Mead Stallworth

Byl Hanley Middaugh Stamas

Callahan Hansen Minore Switalski

Cassis Hart Neumann Tabor

Caul Howell O'Neil Toy

Cherry Jacobs Pappageorge Van Woerkom

Clarke, H. Jansen Patterson Vander Roest

Daniels Jelinek Perricone Vear

DeHart Jellema Pestka Voorhees

DeRossett Johnson, Rick Pumford Woodward

DeVuyst Johnson, Ruth Raczkowski Woronchak

DeWeese Julian

Nays--13

Bogardus Garza LaForge Reeves

Brater Hale Martinez Schauer

Clark, I. Hardman Price Scott

Dennis

In The Chair: Birkholz

The Speaker laid before the House

House Concurrent Resolution No. 121.

A concurrent resolution to change the scope of the Pharmacy Building project at Wayne State University.

(For text of resolution, see House Journal No. 63, p. 2304.)

(The concurrent resolution was reported by the Committee on Appropriations on November 9, consideration of which was postponed until today under the rules.)

The question being on the adoption of the concurrent resolution,

The concurrent resolution was adopted.

Second Reading of Bills

House Bill No. 5907, entitled

A bill to amend 1996 PA 354, entitled "Savings bank act," by amending sections 102 and 103 (MCL 487.3102 and 487.3103).

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

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

Rep. Raczkowski 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. 5907, entitled

A bill to amend 1996 PA 354, entitled "Savings bank act," by amending sections 102 and 103 (MCL 487.3102 and 487.3103).

Was read a third time and passed, 2/3 of the members serving voting therefor, by yeas and nays, as follows:

Roll Call No. 938 Yeas--97

Allen Ehardt Kilpatrick Raczkowski

Basham Faunce Koetje Reeves

Birkholz Frank Kowall Richardville

Bisbee Garcia Kuipers Richner

Bishop Garza LaForge Rivet

Bogardus Gieleghem LaSata Rocca

Bovin Gilbert Law Sanborn

Bradstreet Godchaux Lemmons Schauer

Brater Gosselin Lockwood Scott

Brewer Green Mans Scranton

Brown, B. Hager Martinez Shackleton

Brown, C. Hale Mead Shulman

Byl Hanley Middaugh Spade

Callahan Hansen Minore Stallworth

Cassis Hardman Mortimer Stamas

Caul Hart Neumann Switalski

Cherry Howell O'Neil Tabor

Clark, I. Jacobs Pappageorge Toy

Clarke, H. Jansen Patterson Van Woerkom

Daniels Jelinek Perricone Vander Roest

DeHart Jellema Pestka Vear

Dennis Johnson, Rick Price Voorhees

DeRossett Johnson, Ruth Pumford Woodward

DeVuyst Julian Quarles Woronchak

DeWeese

Nays--0

In The Chair: Birkholz

The House agreed to the title of the bill.

Rep. Raczkowski 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. 5908, entitled

A bill to amend 1996 PA 354, entitled "Savings bank act," by amending sections 209, 210, 213, and 214 (MCL 487.3209, 487.3210, 487.3213, and 487.3214).

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. Sanborn moved to amend the bill as follows:

1. Amend page 5, line 4, after "duties" by inserting "UNDER THIS ACT".

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

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

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

Rep. Raczkowski 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. 5908, entitled

A bill to amend 1996 PA 354, entitled "Savings bank act," by amending sections 209, 210, 213, and 214 (MCL 487.3209, 487.3210, 487.3213, and 487.3214).

Was read a third time and passed, 2/3 of the members serving voting therefor, by yeas and nays, as follows:

Roll Call No. 939 Yeas--96

Allen Ehardt Kilpatrick Raczkowski

Basham Faunce Koetje Reeves

Birkholz Frank Kowall Richardville

Bisbee Garcia Kuipers Richner

Bishop Garza LaForge Rivet

Bogardus Gieleghem LaSata Rocca

Bovin Gilbert Law Sanborn

Bradstreet Godchaux Lemmons Schauer

Brater Gosselin Lockwood Scott

Brown, B. Green Mans Scranton

Brown, C. Hager Martinez Shackleton

Byl Hale Mead Shulman

Callahan Hanley Middaugh Spade

Cassis Hansen Minore Stallworth

Caul Hardman Mortimer Stamas

Cherry Hart Neumann Switalski

Clark, I. Howell O'Neil Tabor

Clarke, H. Jacobs Pappageorge Toy

Daniels Jansen Patterson Van Woerkom

DeHart Jelinek Perricone Vander Roest

Dennis Jellema Pestka Vear

DeRossett Johnson, Rick Price Voorhees

DeVuyst Johnson, Ruth Pumford Woodward

DeWeese Julian Quarles Woronchak

Nays--0

In The Chair: Birkholz

The House agreed to the title of the bill.

Rep. Raczkowski 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. 5909, entitled

A bill to amend 1996 PA 354, entitled "Savings bank act," by amending sections 303, 307, 313, 314, 316, 317, 321, 322, 324, 325, 326, 334, 335, 336, 401, 409, 412, 413, 417, 422, 428, 430, 432, 508, 701, 703, 705, 706, 708, 709, 710, 711, 712, 713, and 804 (MCL 487.3303, 487.3307, 487.3313, 487.3314, 487.3316, 487.3317, 487.3321, 487.3322, 487.3324, 487.3325, 487.3326, 487.3334, 487.3335, 487.3336, 487.3401, 487.3409, 487.3412, 487.3413, 487.3417, 487.3422, 487.3428, 487.3430, 487.3432, 487.3508, 487.3701, 487.3703, 487.3705, 487.3706, 487.3708, 487.3709, 487.3710, 487.3711, 487.3712, 487.3713, and 487.3804), section 401 as amended by 1996 PA 422, section 422 as amended by 2000 PA 63, and section 508 as amended by 1997 PA 50, and by adding sections 330a, 340, 501, 711a, and 712a; 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-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. Sanborn moved that the bill be placed on the order of Third Reading of Bills.

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

Rep. Raczkowski 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. 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. 5909, entitled

Was read a third time and passed, 2/3 of the members serving voting therefor, by yeas and nays, as follows:

Roll Call No. 940 Yeas--93

Allen DeWeese Kilpatrick Reeves

Basham Faunce Koetje Richardville

Birkholz Garcia Kowall Richner

Bisbee Garza Kuipers Rivet

Bishop Gieleghem LaForge Rocca

Bogardus Gilbert LaSata Sanborn

Bovin Godchaux Lemmons Schauer

Bradstreet Gosselin Lockwood Scott

Brater Green Mans Scranton

Brewer Hager Martinez Shackleton

Brown, B. Hale Mead Shulman

Brown, C. Hanley Middaugh Spade

Byl Hansen Mortimer Stallworth

Callahan Hardman Neumann Stamas

Cassis Hart O'Neil Switalski

Caul Howell Pappageorge Tabor

Cherry Jacobs Patterson Toy

Clark, I. Jansen Perricone Van Woerkom

Clarke, H. Jelinek Pestka Vander Roest

Daniels Jellema Price Vear

DeHart Johnson, Rick Pumford Voorhees

Dennis Johnson, Ruth Quarles Woodward

DeRossett Julian Raczkowski Woronchak

DeVuyst

Nays--0

In The Chair: Birkholz

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

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

A bill to amend 1996 PA 354, entitled "Savings bank act," by amending sections 303, 307, 313, 314, 316, 317, 321, 322, 324, 325, 326, 327, 328, 334, 335, 336, 401, 409, 412, 413, 417, 422, 428, 430, 432, 501, 508, 701, 703, 705, 706, 708, 709, 710, 711, 712, 713, 715, and 804 (MCL 487.3303, 487.3307, 487.3313, 487.3314, 487.3316, 487.3317, 487.3321, 487.3322, 487.3324, 487.3325, 487.3326, 487.3327, 487.3328, 487.3334, 487.3335, 487.3336, 487.3401, 487.3409, 487.3412, 487.3413, 487.3417, 487.3422, 487.3428, 487.3430, 487.3432, 487.3501, 487.3508, 487.3701, 487.3703, 487.3705, 487.3706, 487.3708, 487.3709, 487.3710, 487.3711, 487.3712, 487.3713, 487.3715, and 487.3804), section 401 as amended by 1996 PA 422, section 422 as amended by 2000 PA 63, and section 508 as amended by 1997 PA 50, and by adding sections 330a, 711a, and 712a; and to repeal acts and parts of acts.

The motion prevailed.

The House agreed to the title as amended.

Rep. Raczkowski 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. 5039, entitled

A bill to amend 1976 PA 451, entitled "The revised school code," by amending section 1066 (MCL 380.1066), as amended by 1995 PA 289.

The bill was read a second time.

Rep. Green moved to amend the bill as follows:

1. Amend page 2, line 12, after "WITH" by striking out "150" and inserting "350".

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

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

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

Rep. Raczkowski 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. 5039, entitled

A bill to amend 1976 PA 451, entitled "The revised school code," by amending section 1066 (MCL 380.1066), as amended by 1995 PA 289.

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

Roll Call No. 941 Yeas--91

Allen Ehardt Koetje Richardville

Basham Faunce Kowall Richner

Birkholz Frank Kuipers Rivet

Bisbee Garcia LaForge Rocca

Bishop Gieleghem LaSata Sanborn

Bogardus Gilbert Lockwood Schauer

Bovin Godchaux Mans Scott

Bradstreet Gosselin Martinez Scranton

Brater Green Mead Shackleton

Brewer Hager Middaugh Shulman

Brown, B. Hale Minore Spade

Brown, C. Hanley Mortimer Stallworth

Byl Hansen Neumann Stamas

Callahan Hardman O'Neil Switalski

Cassis Hart Pappageorge Tabor

Caul Howell Patterson Toy

Cherry Jacobs Perricone Van Woerkom

Clarke, H. Jansen Pestka Vander Roest

DeHart Jelinek Price Vear

Dennis Jellema Pumford Voorhees

DeRossett Johnson, Rick Quarles Woodward

DeVuyst Johnson, Ruth Raczkowski Woronchak

DeWeese Julian Reeves

Nays--3

Clark, I. Garza Lemmons

In The Chair: Birkholz

The House agreed to the title of the bill.

Rep. Raczkowski 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. 5036, entitled

A bill to amend 1943 PA 184, entitled "Township zoning act," by amending sections 3, 9, 11a, and 40 (MCL 125.273, 125.279, 125.281a, and 125.310), section 40 as added by 1996 PA 570.

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

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

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

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

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

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

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

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

By unanimous consent the House returned to the order of

Third Reading of Bills

House Bill No. 5036, entitled

A bill to amend 1943 PA 184, entitled "Township zoning act," by amending sections 3, 9, 11a, and 40 (MCL 125.273, 125.279, 125.281a, and 125.310), section 40 as added by 1996 PA 570.

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

Roll Call No. 942 Yeas--94

Allen DeWeese Julian Reeves

Basham Ehardt Koetje Richardville

Birkholz Faunce Kowall Richner

Bisbee Frank Kuipers Rivet

Bishop Garcia LaForge Rocca

Bogardus Garza LaSata Sanborn

Bovin Gieleghem Lemmons Schauer

Bradstreet Gilbert Lockwood Scott

Brater Godchaux Mans Scranton

Brewer Gosselin Martinez Shackleton

Brown, B. Green Mead Shulman

Brown, C. Hager Middaugh Spade

Byl Hale Minore Stallworth

Callahan Hanley Mortimer Stamas

Cassis Hansen Neumann Switalski

Caul Hardman O'Neil Tabor

Cherry Hart Pappageorge Toy

Clark, I. Howell Patterson Van Woerkom

Clarke, H. Jacobs Perricone Vander Roest

Daniels Jansen Pestka Vear

DeHart Jelinek Price Voorhees

Dennis Jellema Pumford Woodward

DeRossett Johnson, Rick Raczkowski Woronchak

DeVuyst Johnson, Ruth

Nays--0

In The Chair: Birkholz

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

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

A bill to amend 1943 PA 184, entitled "Township zoning act," by amending sections 9, 11a, and 40 (MCL 125.279, 125.281a, and 125.310), section 40 as added by 1996 PA 570, and by adding section 3a.

The motion prevailed.

The House agreed to the title as amended.

Second Reading of Bills

House Bill No. 5037, entitled

A bill to amend 1943 PA 183, entitled "County zoning act," by amending sections 3, 9, 11a, and 40 (MCL 125.203, 125.209, 125.211a, and 125.240), section 40 as added by 1996 PA 569.

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

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

Reps. Birkholz and Green moved to substitute (H-2) the bill.

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

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

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

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

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

By unanimous consent the House returned to the order of

Third Reading of Bills

House Bill No. 5037, entitled

A bill to amend 1943 PA 183, entitled "County zoning act," by amending sections 3, 9, 11a, and 40 (MCL 125.203, 125.209, 125.211a, and 125.240), section 40 as added by 1996 PA 569.

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

Roll Call No. 943 Yeas--95

Allen DeWeese Julian Reeves

Basham Ehardt Koetje Richardville

Birkholz Faunce Kowall Richner

Bisbee Frank Kuipers Rivet

Bishop Garcia LaForge Rocca

Bogardus Garza LaSata Sanborn

Bovin Gieleghem Lemmons Schauer

Bradstreet Gilbert Lockwood Scott

Brater Godchaux Mans Scranton

Brewer Gosselin Martinez Shackleton

Brown, B. Green Mead Shulman

Brown, C. Hager Middaugh Spade

Byl Hale Minore Stallworth

Callahan Hanley Mortimer Stamas

Cassis Hansen Neumann Switalski

Caul Hardman O'Neil Tabor

Cherry Hart Pappageorge Toy

Clark, I. Howell Patterson Van Woerkom

Clarke, H. Jacobs Perricone Vander Roest

Daniels Jansen Pestka Vear

DeHart Jelinek Price Voorhees

Dennis Jellema Pumford Woodward

DeRossett Johnson, Rick Quarles Woronchak

DeVuyst Johnson, Ruth Raczkowski

Nays--0

In The Chair: Birkholz

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

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

A bill to amend 1943 PA 183, entitled "County zoning act," by amending sections 9, 11a, and 40 (MCL 125.209, 125.211a, and 125.240), section 40 as added by 1996 PA 569, and by adding section 3a.

The motion prevailed.

The House agreed to the title as amended.

Second Reading of Bills

House Bill No. 6015, entitled

A bill to amend 1927 PA 175, entitled "The code of criminal procedure," by amending section 12 of chapter XVII (MCL 777.12), as added by 1998 PA 317.

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

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

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

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

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

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

______

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

By unanimous consent the House returned to the order of

Third Reading of Bills

House Bill No. 6015, entitled

A bill to amend 1927 PA 175, entitled "The code of criminal procedure," by amending section 12 of chapter XVII (MCL 777.12), as added by 1998 PA 317.

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

Roll Call No. 944 Yeas--95

Allen DeWeese Julian Reeves

Basham Ehardt Koetje Richardville

Birkholz Faunce Kowall Richner

Bisbee Frank Kuipers Rivet

Bishop Garcia LaForge Rocca

Bogardus Garza LaSata Sanborn

Bovin Gieleghem Lemmons Schauer

Bradstreet Gilbert Lockwood Scott

Brater Godchaux Mans Scranton

Brewer Gosselin Martinez Shackleton

Brown, B. Green Mead Shulman

Brown, C. Hager Middaugh Spade

Byl Hale Minore Stallworth

Callahan Hanley Mortimer Stamas

Cassis Hansen Neumann Switalski

Caul Hardman O'Neil Tabor

Cherry Hart Pappageorge Toy

Clark, I. Howell Patterson Van Woerkom

Clarke, H. Jacobs Perricone Vander Roest

Daniels Jansen Pestka Vear

DeHart Jelinek Price Voorhees

Dennis Jellema Pumford Woodward

DeRossett Johnson, Rick Quarles Woronchak

DeVuyst Johnson, Ruth Raczkowski

Nays--0

In The Chair: Scranton

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

Rep. Raczkowski 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 12 of chapter XVII (MCL 777.12), as amended by 2000 PA 279.

The motion prevailed.

The House agreed to the title as amended.

______

The Speaker Pro Tempore resumed the Chair.

Rep. Raczkowski moved that when the House adjourns today it stand adjourned until Tuesday, November 28, at 2:00 p.m.

The motion prevailed.

By unanimous consent the House returned to the order of

Motions and Resolutions

Reps. Switalski, Raczkowski, Cherry, Hansen, Spade, DeHart, LaForge, Hanley, Dennis, Hardman, Neumann, Bogardus, LaSata, Faunce, Martinez, Brater, Price, Ehardt, Garcia, Jacobs, Hale, Minore, Birkholz, Kilpatrick, Cassis, Clark, Clarke, Pappageorge, Bovin, Rick Johnson, Garza, Gieleghem, Woodward, Callahan, Rivet, Lemmons, Scott, Shulman and Voorhees offered the following resolution:

House Resolution No. 427.

A resolution congratulating Stan and Kay Wilkins as they celebrate their 50th wedding anniversary.

Whereas, It is a distinct honor to join with the family and friends of Stan and Kay Wilkins of Farmington Hills, as they celebrate their 50th wedding anniversary. The years this couple have shared have been enriched by their caring companionship and deepening love for one another; and

Whereas, On November 18, 2000, the Wilkins will celebrate the sacred vows they spoke at Nativity Church in 1950. Throughout their marriage, their commitment to family and friends has been a wonderful example of the strengths that good marriages give to our entire society; and

Whereas, Since they pledged their trust, respect, and affection in marriage, Stan and Kay Wilkins have fondly recalled the good, rich, and full life they have known as a couple. Kay's sister Shirley and her husband Jimmy are very much a part of their lives as are Jerry and Ann Wilkins. Stan and Kay have been father and mother to the children of Kay's brother Tom--Tommy, Lisa, Tony, Caroline, and Catherine. Their home has always been open to them, at any point in their lives when they needed extra security and love; and

Whereas, They are a continuing source of joy and laughter to their friends in the Jergens Club whose members have been forty years in existence. As they mark this day, may they also know that their example has enriched our entire state; now, therefore, be it

Resolved by the House of Representatives, That we offer our congratulations to Stan and Kay Wilkins as they mark their 50th wedding anniversary. May they continue to grow closer to one another with each passing day; and be it further

Resolved, That a copy of this resolution be transmitted to Stan and Kay Wilkins as evidence of our great respect for their 50 years of marriage.

Pending the reference of the resolution to a committee,

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

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

The question being on the adoption of the resolution,

The resolution was adopted.

Reps. Scott, Cherry, Hansen, Spade, DeHart, LaForge, Caul, Hanley, Switalski, Dennis, Hardman, Neumann, Bogardus, LaSata, Martinez, Brater, Price, Ehardt, Garcia, Jacobs, Hale, Quarles, Minore, Birkholz, Cassis, Clark, Clarke, Bovin, Rick Johnson, Garza, Gieleghem, Woodward, Callahan, Rivet, Lemmons and Shulman offered the following resolution:

House Resolution No. 428.

A resolution honoring Woodrow W. Woody.

Whereas, It is a pleasure to join with the family, friends, and employees of Woodrow W. Woody in extending our best wishes upon the occasion of his retirement. At this milestone in his life, we are proud to recognize all that Woodrow W. Woody has accomplished not only throughout his ownership of the prestigious Woody Pontiac Sales, but also in all other aspects of his life; and

Whereas, Woodrow was five years old in 1912 when he emigrated with his parents from Bejderfel, Lebanon to Minneapolis and later, during the Great Depression, to Detroit. His history is classic Horatio Alger, with the materials vital to the American Dream. Known in Lebanon as Wadih Shikery, he became Woodrow W. Woody in America. He sold newspapers to finance his education. In Detroit, he found work at the Hudson Motor Car Company, and in 1938, purchased a used car lot. Two years later, he obtained a Pontiac franchise and Woody Pontiac Sales came into being. It has been the oldest operating Pontiac dealership in America; and

Whereas, Mr. Woody has gone on to a ninth decade of serving this city, state, and nation. He is an outstanding businessman. He is a man who has accomplished extraordinary social, patriotic, humanitarian, cultural, educational, and philanthropic deeds. His success in business enabled him to establish the Woody Pontiac Scholarship Fund. He has given his time, energy, and resources to such organizations as Rotary, Chamber of Commerce, Volunteers of America, United Foundation, Boy Scouts USA, Junior Achievement, St. Jude's Hospital for Children, and Youth Handicap. Woody, as his friends call him, is a World War II veteran. He has been married to his wonderful and loving wife Ann for 54 glorious years. He is a faithful friend to Presidents, Senators, State Representatives, and members of Congress in both parties who regularly seek his advice and wisdom; and

Whereas, Over the course of Woodrow W. Woody's long and productive service with Woody Pontiac Sales, he has contributed to its growth and to the reputation it has developed during this period. In this, Woodrow W. Woody's personal sense of dedication, integrity, and thoroughness have proven invaluable. His superiors and colleagues alike have come to depend upon this consistency in meeting each task with a positive attitude; and

Whereas, With Woodrow W. Woody's 60 years of service on Jos Campau Boulevard and in the Hamtramck community, the people who have come to rely upon this enterprise have benefitted enormously. This has helped to strengthen Woody Pontiac Sales, and it has also proven, once again, the great human resources of the Great Lakes State. In the months and years to come, the example that Woodrow W. Woody has set in all facets of his career will continue to be of value; now, therefore, be it

Resolved by the House of Representatives, That members of this legislative body offer congratulations to Woodrow W. Woody as he embarks upon the more leisurely pursuits of retirement. May the future be filled with ample time to enjoy life and the love of family and friends; and be it further

Resolved, That a copy of this resolution be transmitted to Woodrow W. Woody as a token of our esteem.

Pending the reference of the resolution to a committee,

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

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

The question being on the adoption of the resolution,

The resolution was adopted.

Reps. Shackleton, Cherry, Hansen, Spade, DeHart, Vander Roest, Howell, LaForge, Caul, Van Woerkom, Switalski, Neumann, LaSata, Faunce, Price, Ehardt, Garcia, Richardville, Mead, Jacobs, Birkholz, Julian, Cassis, Pappageorge, Rick Johnson, Gieleghem, Richner, Rivet, Lemmons, Shulman and Voorhees offered the following resolution:

House Resolution No. 429.

A resolution offered as a memorial for Colonel Charles P. Claxton.

Whereas, With the recent evidence and determined facts by the Department of Defense, Colonel Charles P. Claxton and his eleven crewmen, after thirty three years of being listed as Missing in Action, will be laid to rest in the Arlington National Cemetery; and

Whereas, Colonel Claxton was stationed out of Kincheloe Air Force base in Kinross, Michigan. He and his wife, Patricia, lived in the Eastern Upper Peninsula and had five children, three sons, Jim, John, and Joe, and two daughters, Kim and Cheryl; and

Whereas, Colonel Charles P. Claxton flew a special mission over North Vietnam on December 29, 1967. His Air Force C-130E Hercules failed to return to base and Colonel Claxton was listed as Missing in Action; and

Whereas, Colonel Claxton and his crewmen will be honored and remembered in a memorial service at the Arlington National Cemetery to be held on Wednesday, November 15, 2000 at 11:00 a.m., in Washington, D.C.; now, therefore, be it

Resolved by the House of Representatives, That members of this legislative body offer this memorial resolution to the family of Colonel Charles P. Claxton. May they know that the people of the State of Michigan have long held their veterans in the highest esteem and wish to convey their respect, admiration, gratitude, and sorrow on the occasion of this memorial service thirty three years after his final act of heroism; and be it further

Resolved, That a copy of this resolution be transmitted to the family of Colonel Charles P. Claxton as evidence of our sincerest condolences.

The question being on the adoption of the resolution,

The resolution was adopted.

The Speaker, on behalf of the entire membership, offered the following concurrent resolution:

House Concurrent Resolution No. 122.

A concurrent resolution offered as a memorial for Robert Waldron, former Speaker of the Michigan House of Representatives.

Whereas, With the recent passing of Mr. Robert Waldron, the people of this state have lost a gentleman of unshakable commitment to our republic and the ideals of liberty. His energy, intellect, and integrity enriched our state in many ways. These gifts were reflected in his achievements in law, the political arena, and business; and

Whereas, Robert Waldron's lifelong passion for our nation's freedoms and fundamentals of self-rule was strengthened in the four years he served in the European Theater of Operations in the United States Army Air Corps during World War II. This experience ignited a fire for public life that was never extinguished; and

Whereas, A graduate of Dartmouth College, Robert Waldron earned his law degree at the University of Michigan. He became known as a true scholar of the law. His devotion to service and concern with how our society adapts to change through its political institutions led to his 1954 election to the Michigan House of Representatives from the Grosse Pointe area. His sixteen years of work as a lawmaker constituted an era of landmark changes in Michigan. In addition to the boom of the postwar era, Michigan implemented a new constitution and greatly revamped state government. Robert Waldron was at the heart of debates and policy decisions that shaped the Michigan we know today; and

Whereas, Robert Waldron's knowledge and personal integrity led to his election as the Speaker of the House in 1967-68. His tenure in this post was among the more memorable in the state's history. This was a direct reflection of the respect Speaker Waldron commanded from both sides of the aisle of the evenly divided membership; and

Whereas, Even after leaving the legislature and becoming the director of the Associated Petroleum Industries of Michigan, Mr. Waldron continued to speak out on issues. Indeed, his legacy of service will likewise long benefit our state; now, therefore, be it

Resolved by the House of Representatives (the Senate concurring), That we offer this expression of tribute as a memorial for Robert Waldron, former Speaker of the Michigan House of Representatives; and be it further

Resolved, That copies of this concurrent resolution be transmitted to the Waldron family as evidence of our sincerest condolences.

The question being on the adoption of the concurrent resolution,

The concurrent resolution was adopted by a unanimous standing vote.

Announcement by the Clerk of Printing and Enrollment

The Clerk announced that the following Senate bills had been received on Monday, November 13:

Senate Bill Nos. 1292 1371 1372 1373 1374

The Clerk announced that the following bills had been printed and placed upon the files of the members, Tuesday, November 14:

House Bill Nos. 6082 6083 6084 6085 6086 6087 6088 6089 6090 6091 6092 6093 6094 6095 6096 6097 6098 6099 6100 6101 6102 6103 6104 6105 6106 6107 6108 6109 6110 6111 6112 6113 6114 6115 6116 6117 6118 6119 6120 6121 6122 6123 6124 6125 6126 6127 6128 6129 6130 6131 6132 6133 6134 6135 6136

The Clerk announced that the following Senate bills had been received on Tuesday, November 14:

Senate Bill Nos. 863 1320 1356 1357 1385 1386 1387 1388 1389 1390

By unanimous consent the House returned to the order of

Reports of Standing Committees

The Committee on Economic Development, by Rep. Garcia, Chair, reported

Senate Bill No. 1064, entitled

A bill to amend 1998 PA 58, entitled "Michigan liquor control code of 1998," by amending section 409 (MCL 436.1409) and by adding section 411.

With the recommendation that the bill pass.

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

Favorable Roll Call

SB 1064 To Report Out:

Yeas: Reps. Garcia, Kowall, Bisbee, Richardville, Van Woerkom, Bob Brown, Lockwood,

Nays: None.

COMMITTEE ATTENDANCE REPORT

The following report, submitted by Rep. Garcia, Chair of the Committee on Economic Development, was received and read:

Meeting held on: Tuesday, November 14, 2000, at 9:00 a.m.,

Present: Reps. Garcia, Kowall, Bisbee, Richardville, Van Woerkom, Bob Brown, Lockwood,

Absent: Reps. Mans, Vaughn,

Excused: Reps. Mans, Vaughn.

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

House Bill No. 6091, entitled

A bill to amend 1988 PA 234, entitled "Michigan Vietnam veterans memorial act," by amending the title and sections 2 and 5 (MCL 35.1052 and 35.1055), section 5 as amended by 1992 PA 122, and by adding section 5a.

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 6091 To Report Out:

Yeas: Reps. Richardville, Allen, Garcia, Bovin, Mans,

Nays: None.

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Tuesday, November 14, 2000, at 10:30 a.m.,

Present: Reps. Richardville, Allen, Garcia, Bovin, Mans,

Absent: Reps. Ehardt, Schermesser,

Excused: Reps. Ehardt, Schermesser.

Messages from the Senate

House Bill No. 5066, entitled

A bill to establish conditions to the transfer of structured settlement rights; to establish a procedure for approval of the transfer of structured settlement rights; and to create circuit court jurisdiction for proceedings for approval of structured settlement rights.

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. 863, entitled

A bill to amend 1998 PA 386, entitled "Estates and protected individuals code," by amending sections 1106, 5106, 5313, and 5409 (MCL 700.1106, 700.5106, 700.5313, and 700.5409), section 1106 as amended by 2000 PA 54, section 5313 as amended by 2000 PA 312, and section 5409 as amended by 1998 PA 386.