hj10041t.066

No. 66

STATE OF MICHIGAN

JOURNAL

OF THE

House of Representatives

91st Legislature

REGULAR SESSION OF 2001

House Chamber, Lansing, Thursday, October 4, 2001.

12:00 Noon.

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

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

Adamini--present

Allen--present

Anderson--present

Basham--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--excused

Daniels--excused

Dennis--present

DeRossett--present

DeVuyst--present

DeWeese--present

Drolet--present

Ehardt--present

Faunce--present

Frank--present

Garza--excused

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

Kilpatrick--present

Koetje--present

Kolb--present

Kooiman--present

Kowall--present

Kuipers--present

LaSata--present

Lemmons--present

Lipsey--present

Lockwood--present

Mans--present

McConico--present

Mead--present

Meyer--present

Middaugh--present

Minore--present

Mortimer--present

Murphy--present

Neumann--present

Newell--present

O'Neil--present

Pappageorge--present

Patterson--present

Pestka--present

Phillips--present

Plakas--present

Pumford--present

Quarles--present

Raczkowski--present

Reeves--present

Richardville--present

Richner--present

Rison--present

Rivet--present

Rocca--present

Sanborn--present

Schauer--present

Schermesser--excused

Scranton--present

Shackleton--present

Sheltrown--present

Shulman--present

Spade--present

Stallworth--present

Stamas--present

Stewart--present

Switalski--present

Tabor--present

Thomas--present

Toy--present

Vander Roest--present

Vander Veen--present

Van Woerkom--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. Triette Reeves, from the 13th District, offered the following invocation:

"Dear Father, we thank You for this day. It is a day that You have made. Lord, we rejoice in that fact. We rejoice in the fact that You are the author and the finisher of our lives. We rejoice in the fact that You are our God and our Creator--the one who knows our hearts. Father, we ask now that You would bless this session of the Michigan House of Representatives. We ask that those who would seek You diligently would receive that which You have for them. We ask that You would bless us with what we need in order to serve You. We thank You. We praise You for this day. In Jesus' name, Amen."

______

Rep. Jacobs moved that Reps. Clarke, Daniels, Garza and Schermesser be excused from today's session.

The motion prevailed.

Reports of Standing Committees

The Speaker laid before the House

House Concurrent Resolution No. 33.

A concurrent resolution calling for increased energy conservation and urging the Michigan Public Service Commission to include relevant information in its education materials on gas and electric choice.

(For text of resolution, see House Journal No. 54, p. 958.)

(The concurrent resolution was reported by the Committee on Energy and Technology on October 3, consideration of which, under the rules, was postponed until today.)

The question being on the adoption of the concurrent resolution,

Rep. Bradstreet moved to amend the concurrent resolution as follows:

1. Amend the second Whereas clause, line 1, after "Whereas," by striking out the balance of the line through "concern." on line 3 and inserting "At the present time, widely fluctuating energy prices are becoming a concern for the citizens of Michigan. In addition,".

2. Amend the fourth Whereas clause, line 3, after "gas" by inserting "and electric".

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

The question being on the adoption of the concurrent resolution,

The concurrent resolution was adopted.

Third Reading of Bills

Senate Bill No. 404, entitled

A bill to amend 1982 PA 220, entitled "Michigan family farm development act," by amending section 29 (MCL 285.279).

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

Roll Call No. 474 Yeas--105

Adamini Gieleghem Lipsey Sanborn

Allen Gilbert Lockwood Schauer

Anderson Godchaux Mans Scranton

Basham Gosselin McConico Shackleton

Bernero Hager Mead Sheltrown

Birkholz Hale Meyer Shulman

Bisbee Hansen Middaugh Spade

Bishop Hardman Minore Stallworth

Bogardus Hart Mortimer Stamas

Bovin Howell Murphy Stewart

Bradstreet Hummel Neumann Switalski

Brown, B. Jacobs Newell Tabor

Brown, C. Jamnick O'Neil Thomas

Brown, R. Jansen Pappageorge Toy

Callahan Jelinek Patterson Van Woerkom

Cassis Johnson, Rick Pestka Vander Roest

Caul Johnson, Ruth Phillips Vander Veen

Clark, I. Julian Plakas Vear

Dennis Kilpatrick Pumford Voorhees

DeRossett Koetje Raczkowski Waters

DeVuyst Kolb Reeves Whitmer

DeWeese Kooiman Richardville Williams

Drolet Kowall Richner Wojno

Ehardt Kuipers Rison Woodward

Faunce LaSata Rivet Woronchak

Frank Lemmons Rocca Zelenko

George

Nays--0

In The Chair: Ehardt

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

"An act to create a Michigan family farm development authority; to define the powers and duties of the authority; to authorize the making and purchase of loans, deferred payment loans, and grants to certain qualified beginning farmers; to provide tax exemptions; to provide for the issuance and purchase of notes and bonds; to provide for the establishment of funds; and to prescribe criminal penalties,".

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.

______

Rep. Vander Roest moved that Rep. Richner be excused from the balance of today's session.

The motion prevailed.

Senate Bill No. 405, entitled

A bill to amend 1927 PA 175, entitled "The code of criminal procedure," by amending section 12 of chapter XVII (MCL 777.12), as amended by 2000 PA 459.

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

Roll Call No. 475 Yeas--103

Adamini Gieleghem Lipsey Schauer

Allen Gilbert Lockwood Scranton

Anderson Godchaux Mans Shackleton

Basham Gosselin McConico Sheltrown

Bernero Hager Mead Shulman

Birkholz Hale Meyer Spade

Bisbee Hansen Middaugh Stallworth

Bishop Hardman Mortimer Stamas

Bogardus Hart Murphy Stewart

Bovin Howell Neumann Switalski

Bradstreet Hummel Newell Tabor

Brown, B. Jacobs O'Neil 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 Plakas Vear

Clark, I. Julian Pumford Voorhees

DeRossett Kilpatrick Quarles Waters

DeVuyst Koetje Raczkowski Whitmer

DeWeese Kolb Reeves Williams

Drolet Kooiman Richardville Wojno

Ehardt Kowall Rison Woodward

Faunce Kuipers Rivet Woronchak

Frank LaSata Rocca Zelenko

George Lemmons Sanborn

Nays--0

In The Chair: Ehardt

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

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

A bill to amend 1927 PA 175, entitled "An act to revise, consolidate, and codify the laws relating to criminal procedure and to define the jurisdiction, powers, and duties of courts, judges, and other officers of the court under the provisions of this act; to provide laws relative to the rights of persons accused of criminal offenses and ordinance violations; to provide for the arrest of persons charged with or suspected of criminal offenses and ordinance violations; to provide for bail of persons arrested for or accused of criminal offenses and ordinance violations; to provide for the examination of persons accused of criminal offenses; to regulate the procedure relative to grand juries, indictments, informations, and proceedings before trial; to provide for trials of persons complained of or indicted for criminal offenses and ordinance violations and to provide for the procedure in those trials; to provide for judgments and sentences of persons convicted of criminal offenses and ordinance violations; to establish a sentencing commission and to prescribe its powers and duties; to provide for procedure relating to new trials and appeals in criminal and ordinance violation cases; to provide a uniform system of probation throughout this state and the appointment of probation officers; to prescribe the powers, duties, and compensation of probation officers; to provide penalties for the violation of the duties of probation officers; to provide for procedure governing proceedings to prevent crime and proceedings for the discovery of crime; to provide for fees of officers, witnesses, and others in criminal and ordinance violation cases; to set forth miscellaneous provisions as to criminal procedure in certain cases; to provide penalties for the violation of certain provisions of this act; and to repeal all acts and parts of acts inconsistent with or contravening any of the provisions of this act," by amending section 12 of chapter XVII (MCL 777.12), as amended by 2001 PA 104.

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.

Senate Bill No. 406, entitled

A bill to amend 1980 PA 497, entitled "Construction lien act," by amending section 110 (MCL 570.1110), as amended by 1982 PA 17.

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

Roll Call No. 476 Yeas--102

Adamini George Lemmons Sanborn

Allen Gieleghem Lipsey Schauer

Anderson Gilbert Lockwood Scranton

Basham Godchaux Mans Shackleton

Bernero Gosselin McConico Sheltrown

Birkholz Hager Mead Shulman

Bisbee Hale Meyer Spade

Bishop Hansen Middaugh Stallworth

Bogardus Hardman Minore Stamas

Bovin Hart Mortimer Stewart

Bradstreet Howell Murphy Switalski

Brown, B. Hummel Neumann Tabor

Brown, C. Jacobs Newell Thomas

Brown, R. Jamnick O'Neil Toy

Callahan Jansen Pappageorge Van Woerkom

Cassis Jelinek Patterson Vander Roest

Caul Johnson, Rick Pestka Vander Veen

Clark, I. Johnson, Ruth Phillips Vear

Dennis Julian Plakas Voorhees

DeRossett Kilpatrick Pumford Waters

DeVuyst Koetje Raczkowski Whitmer

DeWeese Kolb Richardville Williams

Drolet Kooiman Rison Wojno

Ehardt Kowall Rivet Woronchak

Faunce Kuipers Rocca Zelenko

Frank LaSata

Nays--0

In The Chair: Ehardt

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

"An act to establish, protect, and enforce by lien the rights of persons performing labor or providing material or equipment for the improvement of real property; to provide for certain defenses with respect thereto; to establish a homeowner construction lien recovery fund within the department of licensing and regulation; to provide for the powers and duties of certain state officers; to provide for the assessments of certain occupations; to prescribe penalties; and to repeal certain 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.

Senate Bill No. 410, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending sections 2157, 52908, and 76107 (MCL 324.2157, 324.52908, and 324.76107), section 2157 as added by 1995 PA 60, section 52908 as added by 1995 PA 57, and 76107 as added by 1995 PA 58.

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

Roll Call No. 477 Yeas--101

Adamini Godchaux Lockwood Sanborn

Allen Gosselin Mans Schauer

Anderson Hager McConico Scranton

Basham Hale Mead Shackleton

Bernero Hansen Meyer Shulman

Birkholz Hardman Middaugh Spade

Bisbee Hart Minore Stallworth

Bishop Howell Mortimer Stamas

Bogardus Hummel Murphy Stewart

Bovin Jacobs Neumann Switalski

Bradstreet Jamnick Newell Tabor

Brown, B. Jansen O'Neil Thomas

Brown, C. Jelinek Pappageorge Toy

Brown, R. Johnson, Rick Patterson Van Woerkom

Callahan Johnson, Ruth Pestka Vander Roest

Cassis Julian Phillips Vander Veen

Caul Kilpatrick Plakas Vear

Clark, I. Koetje Pumford Voorhees

DeRossett Kolb Quarles Waters

DeVuyst Kooiman Raczkowski Whitmer

DeWeese Kowall Reeves Williams

Faunce Kuipers Richardville Wojno

Frank LaSata Rison Woodward

George Lemmons Rivet Woronchak

Gieleghem Lipsey Rocca Zelenko

Gilbert

Nays--1

Drolet

In The Chair: Ehardt

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

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

A bill to amend 1994 PA 451, entitled "An act to protect the environment and natural resources of the state; to codify, revise, consolidate, and classify laws relating to the environment and natural resources of the state; to regulate the discharge of certain substances into the environment; to regulate the use of certain lands, waters, and other natural resources of the state; to prescribe the powers and duties of certain state and local agencies and officials; to provide for certain charges, fees, and assessments; to provide certain appropriations; to prescribe penalties and provide remedies; to repeal certain parts of this act on a specific date; and to repeal certain acts and parts of acts," by amending sections 2157, 52908, and 76107 (MCL 324.2157, 324.52908, and 324.76107), section 2157 as added by 1995 PA 60, section 52908 as added by 1995 PA 57, and section 76107 as amended by 2001 PA 75.

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.

______

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:

This bill would impose a jail sentence for people who pick flowers or cut down Christmas trees on state land. It wouldn't be a matter of mowing down fields of flowers, or acres of trees. This bill eliminates the lighter sentences for those removing less than $100 worth of forest property. Right now, the most you get is a $500 fine, but this bill authorizes the removal of your freedom for up to 93 days - for a first offense! One tree, one time, one Christmas Eve, and you could go to jail until Easter Sunday. There are authoritarian states where spitting gum on the sidewalk is punishable with severe financial penalties, minor vandalism will get you beaten with a rattan cane, and petty larceny can lead to the removal of a hand. Our own penal code has a long way to go before we can catch up to these civilizations, but this bill is an excellent first step. Michigan's scofflaw campers and hikers can take solace in the fact that capital punishment is constitutionally prohibited."

House Bill No. 5102, entitled

A bill to amend 1953 PA 232, entitled "An act to revise, consolidate, and codify the laws relating to probationers and probation officers, to pardons, reprieves, commutations, and paroles, to the administration of correctional institutions, correctional farms, and probation recovery camps, to prisoner labor and correctional industries, and to the supervision and inspection of local jails and houses of correction; to provide for the siting of correctional facilities; to create a state department of corrections, and to prescribe its powers and duties; to provide for the transfer to and vesting in said department of powers and duties vested by law in certain other state boards, commissions, and officers, and to abolish certain boards, commissions, and offices the powers and duties of which are transferred by this act; to allow for the operation of certain facilities by private entities; to prescribe the powers and duties of certain other state departments and agencies; to provide for the creation of a local lockup advisory board; to prescribe penalties for the violation of the provisions of this act; to make certain appropriations; to repeal certain parts of this act on specific dates; and to repeal all acts and parts of acts inconsistent with the provisions of this act," (MCL 791.201 to 791.283) by adding section 1a.

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

Roll Call No. 478 Yeas--105

Adamini Gieleghem Lipsey Sanborn

Allen Gilbert Lockwood Schauer

Anderson Godchaux Mans Scranton

Basham Gosselin McConico Shackleton

Bernero Hager Mead Sheltrown

Birkholz Hale Meyer Shulman

Bisbee Hansen Middaugh Spade

Bishop Hardman Minore Stallworth

Bogardus Hart Mortimer Stamas

Bovin Howell Murphy Stewart

Bradstreet Hummel Neumann Switalski

Brown, B. Jacobs Newell Tabor

Brown, C. Jamnick O'Neil Thomas

Brown, R. Jansen Pappageorge Toy

Callahan Jelinek Patterson Van Woerkom

Cassis Johnson, Rick Pestka Vander Roest

Caul Johnson, Ruth Phillips Vander Veen

Clark, I. Julian Plakas Vear

Dennis Kilpatrick Pumford Voorhees

DeRossett Koetje Quarles Waters

DeVuyst Kolb Raczkowski Whitmer

DeWeese Kooiman Reeves Williams

Drolet Kowall Richardville Wojno

Ehardt Kuipers Rison Woodward

Faunce LaSata Rivet Woronchak

Frank Lemmons Rocca Zelenko

George

Nays--0

In The Chair: Ehardt

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. 4360, entitled

A bill to make appropriations for the department of consumer and industry services and certain other state purposes for the fiscal year ending September 30, 2002; to provide for the expenditure of the appropriations; and to provide for the disposition of fees and other income received by the state agencies.

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

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

Rep. Shulman 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

Rep. Richardville moved that Rule 49 be suspended.

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

House Bill No. 4360, entitled

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

Roll Call No. 479 Yeas--105

Adamini Gieleghem Lipsey Sanborn

Allen Gilbert Lockwood Schauer

Anderson Godchaux Mans Scranton

Basham Gosselin McConico Shackleton

Bernero Hager Mead Sheltrown

Birkholz Hale Meyer Shulman

Bisbee Hansen Middaugh Spade

Bishop Hardman Minore Stallworth

Bogardus Hart Mortimer Stamas

Bovin Howell Murphy Stewart

Bradstreet Hummel Neumann Switalski

Brown, B. Jacobs Newell Tabor

Brown, C. Jamnick O'Neil Thomas

Brown, R. Jansen Pappageorge Toy

Callahan Jelinek Patterson Van Woerkom

Cassis Johnson, Rick Pestka Vander Roest

Caul Johnson, Ruth Phillips Vander Veen

Clark, I. Julian Plakas Vear

Dennis Kilpatrick Pumford Voorhees

DeRossett Koetje Quarles Waters

DeVuyst Kolb Raczkowski Whitmer

DeWeese Kooiman Reeves Williams

Drolet Kowall Richardville Wojno

Ehardt Kuipers Rison Woodward

Faunce LaSata Rivet Woronchak

Frank Lemmons Rocca Zelenko

George

Nays--0

In The Chair: Ehardt

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

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

A bill to make, supplement, and adjust appropriations for the department of consumer and industry services for the fiscal year ending September 30, 2002; to provide for the expenditure of the appropriations; and to prescribe certain conditions for the 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.

Reps. Adamini, Allen, Anderson, Basham, Birkholz, Bisbee, Bishop, Bogardus, Bovin, Cameron Brown, Rich Brown, Callahan, Caul, Dennis, DeRossett, DeVuyst, DeWeese, Ehardt, Frank, Gieleghem, Hager, Hansen, Hardman, Howell, Hummel, Jacobs, Jamnick, Jansen, Jelinek, Ruth Johnson, Julian, Kilpatrick, Koetje, Kolb, Kooiman, Kowall, Lemmons, Lockwood, Mans, McConico, Mead, Meyer, Middaugh, Minore, Mortimer, Murphy, Neumann, Newell, O'Neil, Patterson, Pestka, Phillips, Plakas, Pumford, Reeves, Richardville, Rivet, Rocca, Sanborn, Shackleton, Sheltrown, Spade, Stallworth, Stamas, Stewart, Tabor, Thomas, Toy, Vander Roest, Vander Veen, Van Woerkom, Voorhees, Waters, Whitmer, Williams, Woodward and Zelenko were named co-sponsors of the bill.

______

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

The motion prevailed.

Senate Bill No. 602, entitled

A bill to amend 1949 PA 300, entitled "Michigan vehicle code," by amending section 811e (MCL 257.811e), as added by 2000 PA 77, and by adding sections 217m and 217n.

The bill was read a third time.

The question being on the passage of the bill,

Rep. Gilbert moved to amend the bill as follows:

1. Amend page 2, line 16, after "BASIS" by striking out the balance of the subsection and inserting "AS FOLLOWS:

(A) FIFTY PERCENT TO THE AMERICAN NATIONAL RED CROSS ESTABLISHED UNDER CHAPTER 3001 OF TITLE 36 OF THE UNITED STATES CODE, 36 U.S.C. 300101 TO 300111, AS REPRESENTED BY THE MICHIGAN STATE SERVICE COUNCIL.

(B) FIFTY PERCENT TO THE SALVATION ARMY.".

2. Amend page 2, line 20, after "CROSS" by inserting "AND THE SALVATION ARMY".

3. Amend page 2, line 23, after "CROSS" by inserting "AND THE SALVATION ARMY".

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

The question being on the passage of the bill,

The bill was then passed, 2/3 of the members serving voting therefor, by yeas and nays, as follows:

Roll Call No. 480 Yeas--102

Adamini Gieleghem Lipsey Sanborn

Allen Gilbert Lockwood Schauer

Anderson Godchaux Mans Shackleton

Basham Gosselin McConico Sheltrown

Bernero Hager Mead Shulman

Birkholz Hale Meyer Spade

Bisbee Hansen Middaugh Stallworth

Bishop Hardman Mortimer Stamas

Bogardus Hart Murphy Stewart

Bovin Howell Neumann Switalski

Bradstreet Hummel Newell Tabor

Brown, B. Jacobs O'Neil 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 Plakas Vear

Clark, I. Julian Pumford Voorhees

Dennis Kilpatrick Quarles Waters

DeRossett Koetje Raczkowski Whitmer

DeVuyst Kolb Reeves Williams

DeWeese Kooiman Richardville Wojno

Ehardt Kowall Rison Woodward

Faunce Kuipers Rivet Woronchak

Frank LaSata Rocca Zelenko

George Lemmons

Nays--0

In The Chair: Ehardt

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

"An act to provide for the registration, titling, sale, transfer, and regulation of certain vehicles operated upon the public highways of this state or any other place open to the general public or generally accessible to motor vehicles and distressed vehicles; to provide for the licensing of dealers; to provide for the examination, licensing, and control of operators and chauffeurs; to provide for the giving of proof of financial responsibility and security by owners and operators of vehicles; to provide for the imposition, levy, and collection of specific taxes on vehicles, and the levy and collection of sales and use taxes, license fees, and permit fees; to provide for the regulation and use of streets and highways; to create certain funds; to provide penalties and sanctions for a violation of this act; to provide for civil liability of owners and operators of vehicles and service of process on residents and nonresidents; to provide for the levy of certain assessments; to provide for the enforcement of this act; to provide for the creation of and to prescribe the powers and duties of certain state and local agencies; to impose liability upon the state or local agencies; to repeal all other acts or parts of acts inconsistent with this act or contrary to this act; and to repeal certain parts of this act on a specific date,".

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.

______

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

The motion prevailed.

By unanimous consent the House returned to the order of

Motions and Resolutions

Reps. Switalski, Gieleghem, Callahan, Wojno, Rocca, Faunce, Drolet, Sanborn, Hansen, Adamini, Clark, Lockwood, Rivet, Raczkowski, DeVuyst, Woodward, Stewart, Zelenko, Waters, McConico, Rich Brown, Lipsey, Ehardt, Vander Roest, DeRossett, Anderson, Bovin, Van Woerkom, Meyer, Vander Veen, Mead, Spade, Thomas, Frank, Pappageorge, LaSata, Neumann, Bogardus, Richner, Toy, Koetje, Kilpatrick, Bernero, Minore, DeWeese, Sheltrown, Dennis, Jacobs, Vear, Rison, Kolb, Plakas, Jamnick, Birkholz, Hale, Jansen, Lemmons, Phillips and Murphy offered the following resolution:

House Resolution No. 209.

A resolution honoring Dr. Rose B. Bellanca for being chosen Woman of the Year by the Columbus Day Celebration Committee.

Whereas, It is with deep appreciation for her many contributions in the field of education, and within her community, that we honor Dr. Rose B. Bellanca. She has been chosen 2001 Woman of the Year by the Columbus Day Celebration Committee. Dr. Bellanca has dedicated her life to the education of our children and the betterment of the world in which we live; and

Whereas, Dr. Bellanca's career as a professional educator began when she earned her bachelors degree and received her teaching certificate from Wayne State University in 1973. She earned her Master of Education degree in 1977, an Educational Specialist Certificate in 1983, and a Doctor of Education degree in 1989; and

Whereas, She accepted her first teaching assignment at Fitzgerald High School in Warren, Michigan in 1973 and later taught at Grosse Pointe North High School. In 1982, while working for the Chippewa Valley School District, Dr. Bellanca became the first woman to serve as the Director of Vocational-Technical Education in Macomb County. She spent 19 years in the Chippewa Valley school district, progressively being promoted to more responsible positions as Director of Technology, Adult and Continuing Education, Executive Director of Personnel and Labor Relations, and Executive Director of Strategic Planning, Professional Development and Community Relations; and

Whereas, Dr. Bellanca was named Assistant to the President of Macomb Community College in 1996. Shortly thereafter, she assumed additional leadership responsibilities as the Interim Vice President for Student and Community Relations and became Vice President for Planning and Development. In 1999, she was named Macomb's Provost, which is the highest academic position under the president of the college; and

Whereas, Throughout her educational career, Dr. Bellanca has always put the education and well-being of our children first, believing that every student can succeed if provided the right learning environment, instruction, and support; and

Whereas, Dr. Bellanca has been recognized for her many professional and community contributions by several organizations, among them being the Macomb County Woman of Distinction Award given by the Girl Scouts of Macomb County, Significant Contributions and Support for Technology Education Award by the Macomb County Vocational Administrators, and the Distinguished Service Award by the city of Detroit. Dr. Bellanca is a member of several community boards and organizations, including the Board of Directors for Henry Ford Health Systems, U. S. Selective Service Board, American Italian Professional and Business Women's Club (AMIT), and the Americans of Italian Origin Society (AIO); and

Whereas, Dr. Rose B. Bellanca has distinguished herself as an outstanding citizen and a model for our children and citizens; now, therefore, be it

Resolved by the House of Representatives, That the members of this legislative body honor Dr. Rose B. Bellanca for being recognized as 2001 Woman of the Year; and be it further

Resolved, That a copy of this resolution be transmitted to Dr. Rose B. Bellanca on the occasion of her receipt of the Woman of the Year award by the Columbus Day Celebration Committee on October 7, 2001 as evidence of our esteem for her many accomplishments and her distinguished career as an education leader.

Pending the reference of the resolution to a committee,

Rep. Richardville 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. Frank, Hansen, Adamini, Gieleghem, Schauer, Clark, Switalski, Lockwood, Rivet, Raczkowski, DeVuyst, Woodward, Stewart, Zelenko, Waters, McConico, Rich Brown, Lipsey, Ehardt, Vander Roest, Howell, DeRossett, Anderson, Bovin, Van Woerkom, Meyer, Faunce, Mead, Spade, Thomas, Drolet, Pappageorge, LaSata, Neumann, Bogardus, Richner, Toy, Koetje, Kilpatrick, Bernero, Minore, Wojno, DeWeese, Sheltrown, Dennis, Voorhees, Jacobs, Mans, Vear, Rison, Kolb, Plakas, Jamnick, Shulman, Birkholz, Hale, Jansen, Lemmons, Phillips and Murphy offered the following resolution:

House Resolution No. 210.

A resolution honoring First United Methodist Church on its 150th anniversary.

Whereas, We are proud to recognize the 150th anniversary of First United Methodist Church. As the people of this family of believers celebrate their faith and the triumphs they have shared, we are pleased to add our voice of thanks for the many ways in which this church has touched and enriched not only its loyal membership, but also the community at large; and

Whereas, First United Methodist was founded in 1851 and its first house of worship was built in 1861. Fire destroyed the church in the spring of 1884, but it was rebuilt in 1886. The vision and prayerfulness of a small, but fervent, group of people came together with a wish to worship and the desire to share their concern for others. In a spirit of unity that has only grown stronger with the passing of the years, First United Methodist has been devoted to carrying out these noble ideals ever since. Milestones of its history stand as symbols of commitment and stewardship; and

Whereas, Since the days when circuit-riding clerics rode through the forests to lead services, Michigan's people have come together to share their deepest emotions through congregations like First United Methodist. Whether praying for a good harvest, celebrating love in marriage, or marking the passing of a dear friend and loved one from this life, we all draw great strength from sharing with one another through church. The history of First United Methodist provides a wonderful example of how much this faith and unselfishness mean to our entire state; now, therefore, be it

Resolved by the House of Representatives, That the members of this legislative body honor First United Methodist Church on its 150th anniversary. We add our thanks and best wishes on this momentous occasion; and be it further

Resolved, That a copy of this resolution be transmitted to First United Methodist Church as a token of our esteem.

Pending the reference of the resolution to a committee,

Rep. Richardville 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. Thomas, Hansen, Adamini, Gieleghem, Clark, Switalski, Lockwood, Rivet, Raczkowski, DeVuyst, Woodward, Stewart, Zelenko, Waters, McConico, Rich Brown, Lipsey, Ehardt, Vander Roest, DeRossett, Anderson, Bovin, Van Woerkom, Meyer, Faunce, Mead, Spade, Frank, Drolet, Pappageorge, LaSata, Neumann, Bogardus, Richner, Toy, Koetje, Kilpatrick, Bernero, Wojno, DeWeese, Sheltrown, Dennis, Jacobs, Vear, Rison, Kolb, Plakas, Jamnick, Birkholz, Hale, Lemmons, Reeves, Phillips and Murphy offered the following resolution:

House Resolution No. 211.

A resolution celebrating the 35th anniversary of the Detroit Waldorf School.

Whereas, It is with great respect for the role that this outstanding school has played in educating our young people that we join with the people of Detroit in marking the 35th anniversary of the founding of the Detroit Waldorf School. On behalf of the countless students and families who have been touched by the work that has taken place here, we offer our thanks in celebrating this milestone; and

Whereas, Few activities draw more attention and pressure than those that take place in a school. In seeking to prepare students for the adult world of work, challenge, and responsibility, our schools are, in reality, an extension of a community's hope and concern for the future. This is no small task. To achieve its lofty goals, an institution like the Detroit Waldorf School must be focused and unified. The Detroit Waldorf School has attained its reputation for effectiveness through the hard work and sacrifice of the teachers, staff, and parents who have worked together over these 35 years; and

Whereas, Much has changed since the Detroit Waldorf School first opened its doors in 1966. The students who fill the classrooms now face a world in which change will likely take place even faster. While they utilize tools to help them learn what their grandparents could never have imagined, they will need many of the same skills of generations past. These skills include the ability to think clearly, make decisions based on reason, and to accept the responsibilities we all share as unselfish citizens. In this way, the impact that the Detroit Waldorf School has had over the years will only grow stronger; now, therefore, be it

Resolved by the House of Representatives, That the members of this legislative body celebrate the 35th anniversary of the Detroit Waldorf School. We commend all of the devoted educators, students, parents, and staff who have contributed to its growth in excellence; and be it further

Resolved, That a copy of this resolution be transmitted to the Detroit Waldorf School as a token of the high esteem in which it is held.

Pending the reference of the resolution to a committee,

Rep. Richardville 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.

Rep. Murphy offered the following resolution:

House Resolution No. 212.

A resolution to honor the Lansing branch of the National Association for the Advancement of Colored People and its 36th Annual Freedom Fund Dinner.

Whereas, We are proud to show our gratitude to all of the dedicated individuals who have provided us with outstanding examples of leadership in action over the years; and

Whereas, The civil rights crusade of the Lansing branch of the NAACP began in 1919 to ensure social, political, and economic equality for all individuals without regard to race, religion, or national origin; and

Whereas, For more than 82 years, the Lansing branch of the NAACP's mission has been to improve the political, educational, and economic status of minority groups. It has strived to eliminate racial prejudice, keep the public aware of the effects of racial discrimination, and to take lawful action to secure its elimination. This is consistent with the efforts of the national organization. The local branch has maintained a history of success in the field of human relations for posterity, like its counter parts across the state and nation; now, therefore, be it

Resolved by the House of Representatives, That the members of this legislative body honor the Lansing branch of the NAACP on its continued good service to the people of Lansing and the state of Michigan. We add our thanks and best wishes on this momentous occasion; and be it further

Resolved, That a copy of this resolution be transmitted to the Lansing branch of the NAACP as a token of our esteem.

Pending the reference of the resolution to a committee,

Rep. Richardville 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.

Announcement by the Clerk of Printing and Enrollment

The Clerk announced the enrollment printing and presentation to the Governor on Thursday, October 4, for his approval of the following bill:

Enrolled House Bill No. 4793 at 9:53 a.m.

The Clerk announced that the following bill had been printed and placed upon the files of the members, Thursday, October 4:

House Bill No. 5139

The Clerk announced that the following Senate bills had been received on Thursday, October 4:

Senate Bill Nos. 502 505 576 671

By unanimous consent the House returned to the order of

Reports of Standing Committees

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

House Bill No. 4733, entitled

A bill to authorize the board of a school district to award high school diplomas to World War II veterans under certain circumstances; and to prescribe duties and responsibilities of certain state officers and officials.

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 4733 To Report Out:

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

Nays: None.

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Thursday, October 4, 2001, at 9:00 a.m.,

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

Absent: Rep. Gieleghem,

Excused: Rep. Gieleghem.

The Committee on Conservation and Outdoor Recreation, by Rep. DeVuyst, Chair, reported

House Resolution No. 23.

A resolution to express legislative intent that the Department of Natural Resources should strive to acquire land in the Keweenaw Peninsula.

(For text of resolution, see House Journal No. 7, p. 94.)

With the recommendation that the following substitute (H-2) be adopted and that the resolution then be adopted.

Substitute for House Resolution No. 23.

A resolution to express legislative intent that the Department of Natural Resources should strive to acquire land in the Keweenaw Peninsula.

Whereas, Over the past few years, discussions have taken place between private landowners, private companies, and officials of the Department of Natural Resources concerning parcels of property at the tip of the Keweenaw Peninsula; and

Whereas, As the DNR studies possible land exchanges between private landowners, private companies, and the state, ascertaining the true value of the lands in question is essential. This evaluation must weigh more than economic criteria alone. Potential exchanges would impact forest, wildlife, and recreational resources for many years. A central concern is any influence that the exchange could have on the environment; and

Whereas, While we respect and encourage the sentiments of those hesitant to relinquish state-managed lands, many of which are rich in timber, other parcels of land in the Keweenaw Peninsula offer unique qualities the state should protect. Currently, the state does not manage parcels that are among the most dramatic and beautiful areas in our state. These parcels include miles of beautiful Lake Superior shoreline, waterfalls, wildlife, and vistas unsurpassed as attractions for recreation. It would be a shame to lose these gifts for future generations of our citizens. Clearly, any exchanges should be made with a commitment to fairness and an eye to protection of unique resources; and

Whereas, After considerable discussion, including proposals for a trade of certain lands, the state recently approved purchase of a specific parcel of land at the tip of the Keweenaw Peninsula. With the passage of Enrolled Senate Bill No. 291, the state will purchase nearly 6,000 acres at the eastern end of the peninsula. This purchase is an excellent example of policies the state should pursue. This land includes 3 beautiful lakes, 5 miles along the Montreal River, and 6 miles of Lake Superior shoreline. Gaining this unique property for future generations--without giving up other valuable acreage--will greatly benefit our state far into the future; now, therefore, be it

Resolved by the House of Representatives, That we express legislative intent that the Department of Natural Resources should continually strive to acquire and preserve land in the Keweenaw Peninsula. We urge that the DNR weigh carefully the impact on the state's timber reserves; and be it further

Resolved, That copies of this resolution be transmitted to the Natural Resources Commission and the Department of Natural Resources.

The Speaker announced that under Rule 77 the resolution would lie over one day.

Favorable Roll Call

HR 23 To Report Out:

Yeas: Reps. DeVuyst, Tabor, Bradstreet, Drolet, Kowall, Rocca, Voorhees, Callahan, Basham, Sheltrown,

Nays: None.

The Committee on Conservation and Outdoor Recreation, by Rep. DeVuyst, Chair, reported

House Concurrent Resolution No. 4.

A concurrent resolution to express legislative intent that the Department of Natural Resources should strive to acquire land in the Keweenaw Peninsula.

(For text of resolution, see House Journal No. 7, p. 97.)

With the recommendation that the following substitute (H-2) be adopted and that the concurrent resolution then be adopted.

Substitute for House Concurrent Resolution No. 4.

A concurrent resolution to express legislative intent that the Department of Natural Resources should strive to acquire land in the Keweenaw Peninsula.

Resolved by the House of Representatives (the Senate concurring), That we express legislative intent that the Department of Natural Resources should continually strive to acquire and preserve land in the Keweenaw Peninsula. We urge that the DNR weigh carefully the impact on the state's timber reserves; and be it further

Resolved, That copies of this resolution be transmitted to the Natural Resources Commission and the Department of Natural Resources.

The Speaker announced that under Rule 77 the concurrent resolution would lie over one day.

Favorable Roll Call

HCR 4 To Report Out:

Yeas: Reps. DeVuyst, Tabor, Bradstreet, Drolet, Kowall, Rocca, Voorhees, Callahan, Basham, Sheltrown,

Nays: None.

COMMITTEE ATTENDANCE REPORT

The following report, submitted by Rep. DeVuyst, Chair of the Committee on Conservation and Outdoor Recreation, was received and read:

Meeting held on: Thursday, October 4, 2001, at 10:30 a.m.,

Present: Reps. DeVuyst, Tabor, Bradstreet, Drolet, Kowall, Rocca, Voorhees, Callahan, Basham, Sheltrown,

Absent: Rep. Garza,

Excused: Rep. Garza.

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Thursday, October 4, 2001, at 8:00 a.m.,

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

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, October 4, 2001, at 9:00 a.m.,

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

Absent: Reps. Schermesser, Woodward,

Excused: Reps. Schermesser, Woodward.

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Thursday, October 4, 2001, at 10:30 a.m.,

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

Messages from the Senate

House Bill No. 4018, entitled

A bill to repeal 1947 LA 9, entitled "The act to prevent hunting, on Sunday, for game animals and game birds in the county of Macomb.".

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