hj03192t.026

No. 26

STATE OF MICHIGAN

JOURNAL

OF THE

House of Representatives

91st Legislature

REGULAR SESSION OF 2002

House Chamber, Lansing, Tuesday, March 19, 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--present

Dennis--present

DeRossett--present

DeVuyst--present

DeWeese--present

Drolet--present

Ehardt--present

Faunce--present

Frank--present

Garza--present

George--present

Gieleghem--present

Gilbert--present

Godchaux--present

Gosselin--present

Hager--present

Hale--present

Hansen--present

Hardman--present

Hart--present

Howell--present

Hummel--present

Jacobs--present

Jamnick--present

Jansen--present

Jelinek--present

Johnson, Rick--present

Johnson, Ruth--present

Julian--present

Koetje--present

Kolb--present

Kooiman--present

Kowall--present

Kuipers--present

LaSata--present

Lemmons--present

Lipsey--present

Lockwood--present

Mans--present

McConico--present

Mead--present

Meyer--present

Middaugh--present

Minore--present

Mortimer--present

Murphy--present

Neumann--present

Newell--present

O'Neil--present

Palmer--present

Pappageorge--present

Patterson--present

Pestka--present

Phillips--present

Plakas--present

Pumford--present

Quarles--present

Raczkowski--present

Reeves--present

Richardville--present

Richner--present

Rison--present

Rivet--present

Rocca--present

Schauer--present

Schermesser--present

Scranton--present

Shackleton--present

Sheltrown--present

Shulman--present

Spade--present

Stallworth--present

Stamas--present

Stewart--present

Switalski--present

Tabor--present

Thomas--present

Toy--present

Van Woerkom--present

Vander Roest--present

Vander Veen--present

Vear--present

Voorhees--present

Waters--present

Whitmer--present

Williams--present

Wojno--present

Woodward--present

Woronchak--present

Zelenko--present

e/d/s = entered during session

Rev. Stan Kessler, Pastor of Three Rivers Bible Church in Three Rivers, offered the following invocation:

"Heavenly Father, maker of heaven and earth, we thank You that You have given us this day to live and this day to accomplish Your purposes. Thank You for the many manifold blessings that You give to us--life, health, and families. I thank You most of all for giving us Your son, the Lord Jesus Christ, who would die on the cross for our sins. Thank You for this country with all of its freedoms that You have given to us. Thank You for the heritage of faith that we have preserved for the future. Lord, You know that we have been hard hit in these past months with terrorism attacks and yet I thank You that it has caused us to draw closer to You, to draw closer to one another and to become true patriots again. I thank You for each of those who are serving us today--for the representatives, for their staff, I pray for each of them. Lord, may You bless and strengthen their marriages, their families, bless them in their daily walk and draw them close to You. Today, we come to do the business of running this state. I pray that You would help us to put first things first. Help us to humble ourselves before You, to seek Your wisdom and ask Your blessing and help. You have said in Your word that righteousness exalts a nation, but sin is a disgrace to a people and that God is opposed to the proud, but gives grace to the humble. Humble yourselves in the sight of the Lord and He will lift you up. We do this today--we acknowledge that we need You. I pray that You would bless each leader who is here today, that You would draw them close to Yourself and that You would help us to do Your will. We ask that You would give to each one who has the part ears to hear, a heart to understand, a patient spirit. Bring unity so that they would be guided by Your spirit. Give them then the strength to do Your will. I ask, Lord, that when the session has ended we will be able to look back and we will have sensed that You have been present throughout and that it has been a productive, well-spent time and that we have accomplished what You wanted us to do. We love You, Lord, and we ask Your blessing on this session. In Jesus' name I pray. Amen."

Announcement by the Clerk of Printing and Enrollment

The Clerk announced that the following bills had been printed and placed upon the files of the members, Wednesday, March 13:

Senate Bill Nos. 1195 1196 1197 1198 1199 1200 1201

The Clerk announced that the following bills had been printed and placed upon the files of the members, Friday, March 15:

House Bill Nos. 5797 5798 5799 5800 5801 5802 5803 5804

The Clerk announced the enrollment printing and presentation to the Governor on Monday, March 18, for his approval of the following bills:

Enrolled House Bill No. 4937 at 11:22 a.m.

Enrolled House Bill No. 5111 at 11:24 a.m.

Enrolled House Bill No. 5113 at 11:26 a.m.

Enrolled House Bill No. 5125 at 11:28 a.m.

Enrolled House Bill No. 5126 at 11:30 a.m.

Enrolled House Bill No. 5145 at 11:32 a.m.

Enrolled House Bill No. 5327 at 11:34 a.m.

Introduction of Bills

Reps. Allen and Rivet introduced

House Bill No. 5805, entitled

A bill to amend 1996 PA 376, entitled "Michigan renaissance zone act," by amending section 4 (MCL 125.2684), as amended by 2000 PA 259.

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

Reps. Rivet and Allen introduced

House Bill No. 5806, entitled

A bill to amend 1996 PA 376, entitled "Michigan renaissance zone act," by amending section 6 (MCL 125.2686), as amended by 2000 PA 259.

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

Rep. Shackleton introduced

House Bill No. 5807, entitled

A bill to amend 1990 PA 345, entitled "State survey and remonumentation act," by amending sections 8 and 12 (MCL 54.268 and 54.272), as amended by 1998 PA 5.

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

Reps. Gilbert, DeRossett, Mead, Van Woerkom, Jelinek, Palmer, Voorhees, Middaugh, Hager, Meyer, Ruth Johnson, Vander Veen, Scranton, Rocca, Sheltrown, Rivet, Neumann, Spade, Shackleton, Julian and Newell introduced

House Bill No. 5808, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending sections 36101 and 36106 (MCL 324.36101 and 324.36106), section 36101 as amended by 2000 PA 262 and section 36106 as amended by 1996 PA 233.

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

Rep. Mortimer introduced

House Bill No. 5809, entitled

A bill to amend 1846 RS 14, entitled "Of county officers," by amending section 107 (MCL 55.107), as amended by 2000 PA 116.

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

Reps. Vander Roest, Cassis, Stewart, Mead, Kuipers, Ehardt, Vear, Voorhees, Rocca, Julian, Cameron Brown, Ruth Johnson, Drolet, Hummel and Patterson introduced

House Bill No. 5810, entitled

A bill to amend 1975 PA 228, entitled "Single business tax act," by amending section 31 (MCL 208.31), as amended by 1999 PA 115.

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

Reps. Vander Roest, Stewart, Mead, Spade, Ehardt, Vear, Voorhees, Raczkowski, Julian, Drolet and Lemmons introduced

House Bill No. 5811, entitled

A bill to amend 1846 RS 83, entitled "Of marriage and the solemnization thereof," by amending section 7 (MCL 551.7), as amended by 1983 PA 64.

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

Reps. Vander Roest, Ehardt, Raczkowski, Richardville, Rocca and Lemmons introduced

House Bill No. 5812, entitled

A bill to amend 1978 PA 368, entitled "Public health code," by amending section 12541 (MCL 333.12541).

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

Reps. Vander Roest, Mead, Kuipers, Ehardt, Jelinek, Vear, Voorhees, Raczkowski, Richardville, Rocca, Julian, Cameron Brown and Drolet introduced

House Bill No. 5813, entitled

A bill to amend 1893 PA 206, entitled "The general property tax act," by amending section 34c (MCL 211.34c), as amended by 2000 PA 415.

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

Reps. George, Gosselin, DeWeese, Tabor and Lemmons introduced

House Bill No. 5814, entitled

A bill to amend 1949 PA 300, entitled "Michigan vehicle code," by amending section 625 (MCL 257.625), as amended by 2000 PA 460.

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

Reps. George, Hummel, Gosselin, Voorhees, Birkholz, Vander Veen, DeWeese, Tabor and Lemmons introduced

House Bill No. 5815, entitled

A bill to amend 1998 PA 58, entitled "Michigan liquor control code of 1998," by amending section 703 (MCL 436.1703), as amended by 1999 PA 53.

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

Reps. Richner, Patterson, Tabor, Hummel, Mans and Ruth Johnson introduced

House Bill No. 5816, entitled

A bill to amend 1966 PA 331, entitled "Community college act of 1966," by amending section 84 (MCL 389.84).

The bill 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 messages from the Governor, approving and signing the following bills at the times designated below, were received and read:

Date: March 12, 2002

Time: 4:30 p.m.

To the Speaker of the House of Representatives:

Sir--I have this day approved and signed

Enrolled House Bill No. 4672 (Public Act No. 51, I.E.), being

An act to amend 1976 PA 451, entitled "An act to provide a system of public instruction and elementary and secondary schools; to revise, consolidate, and clarify the laws relating to elementary and secondary education; to provide for the organization, regulation, and maintenance of schools, school districts, public school academies, and intermediate school districts; to prescribe rights, powers, duties, and privileges of schools, school districts, public school academies, and intermediate school districts; to provide for the regulation of school teachers and certain other school employees; to provide for school elections and to prescribe powers and duties with respect thereto; to provide for the levy and collection of taxes; to provide for the borrowing of money and issuance of bonds and other evidences of indebtedness; to establish a fund and provide for expenditures from that fund; to provide for and prescribe the powers and duties of certain state departments, the state board of education, and certain other boards and officials; to provide for licensure of boarding schools; to prescribe penalties; and to repeal acts and parts of acts," (MCL 380.1 to 380.1852) by adding section 1178a.

(Filed with the Secretary of State March 15, 2002, at 11:10 a.m.)

Date: March 14, 2002

Time: 1:00 p.m.

To the Speaker of the House of Representatives:

Sir--I have this day approved and signed

Enrolled House Bill No. 5404 (Public Act No. 58, I.E.), being

(Filed with the Secretary of State March 15, 2002, at 11:24 a.m.)

Date: March 14, 2002

Time: 1:02 p.m.

To the Speaker of the House of Representatives:

Sir--I have this day approved and signed

Enrolled House Bill No. 5405 (Public Act No. 59, I.E.), being

An act to amend 1961 PA 108, entitled "An act to provide for loans by the state of Michigan to school districts for the payment of principal and interest upon school bonds; to prescribe the terms and conditions of the loans and the

conditions upon which levies for bond principal and interest shall be included in computing the amount to be so loaned by the state; to prescribe the powers and duties of the superintendent of public instruction and the state treasurer in relation to such loans; to provide for the repayment of such loans; to provide incentives for repayment of such loans; to provide for other matters in respect to such loans; and to make an appropriation," by amending section 4 (MCL 388.954), as amended by 1992 PA 228.

(Filed with the Secretary of State March 15, 2002, at 11:25 a.m.)

Date: March 14, 2002

Time: 1:04 p.m.

To the Speaker of the House of Representatives:

Sir--I have this day approved and signed

Enrolled House Bill No. 5406 (Public Act No. 60, I.E.), being

An act to repeal 1973 PA 12, entitled "An act to provide for emergency financial assistance for school districts; to prescribe certain powers and duties of the intermediate board of education in connection therewith; to provide certain powers and duties of the state board of education in connection therewith; to create an emergency loan revolving fund; and to make an appropriation," (MCL 388.251 to 388.271).

(Filed with the Secretary of State March 15, 2002, at 11:26 a.m.)

Date: March 14, 2002

Time: 1:06 p.m.

To the Speaker of the House of Representatives:

Sir--I have this day approved and signed

Enrolled House Bill No. 5407 (Public Act No. 61, I.E.), being

(Filed with the Secretary of State March 15, 2002, at 11:28 a.m.)

Date: March 14, 2002

Time: 1:10 p.m.

To the Speaker of the House of Representatives:

Sir--I have this day approved and signed

Enrolled House Bill No. 5408 (Public Act No. 62, I.E.), being

(Filed with the Secretary of State March 15, 2002, at 11:30 a.m.)

Date: March 14, 2002

Time: 1:12 p.m.

To the Speaker of the House of Representatives:

Sir--I have this day approved and signed

Enrolled House Bill No. 5409 (Public Act No. 63, I.E.), being

(Filed with the Secretary of State March 15, 2002, at 11:31 a.m.)

Date: March 14, 2002

Time: 1:14 p.m.

To the Speaker of the House of Representatives:

Sir--I have this day approved and signed

Enrolled House Bill No. 5410 (Public Act No. 64, I.E.), being

(Filed with the Secretary of State March 15, 2002, at 11:32 a.m.)

Date: March 14, 2002

Time: 1:22 p.m.

To the Speaker of the House of Representatives:

Sir--I have this day approved and signed

Enrolled House Bill No. 5414 (Public Act No. 65, I.E.), being

(Filed with the Secretary of State March 15, 2002, at 11:34 a.m.)

Date: March 14, 2002

Time: 1:30 p.m.

To the Speaker of the House of Representatives:

Sir--I have this day approved and signed

Enrolled House Bill No. 5412 (Public Act No. 66, I.E.), being

provide for the organization, regulation, and maintenance of schools, school districts, public school academies, and intermediate school districts; to prescribe rights, powers, duties, and privileges of schools, school districts, public school academies, and intermediate school districts; to provide for the regulation of school teachers and certain other school employees; to provide for school elections and to prescribe powers and duties with respect thereto; to provide for the levy and collection of taxes; to provide for the borrowing of money and issuance of bonds and other evidences of indebtedness; to establish a fund and provide for expenditures from that fund; to provide for and prescribe the powers and duties of certain state departments, the state board of education, and certain other boards and officials; to provide for licensure of boarding schools; to prescribe penalties; and to repeal acts and parts of acts," by amending section 1227 (MCL 380.1227), as added by 1995 PA 289.

(Filed with the Secretary of State March 15, 2002, at 11:36 a.m.)

Date: March 14, 2002

Time: 1:32 p.m.

To the Speaker of the House of Representatives:

Sir--I have this day approved and signed

Enrolled House Bill No. 5413 (Public Act No. 67, I.E.), being

(Filed with the Secretary of State March 15, 2002, at 11:38 a.m.)

Date: March 14, 2002

Time: 1:38 p.m.

To the Speaker of the House of Representatives:

Sir--I have this day approved and signed

Enrolled House Bill No. 5416 (Public Act No. 68, I.E.), being

(Filed with the Secretary of State March 15, 2002, at 11:40 a.m.)

Date: March 14, 2002

Time: 1:40 p.m.

To the Speaker of the House of Representatives:

Sir--I have this day approved and signed

Enrolled House Bill No. 5417 (Public Act No. 69, I.E.), being

(Filed with the Secretary of State March 15, 2002, at 11:42 a.m.)

Date: March 14, 2002

Time: 1:42 p.m.

To the Speaker of the House of Representatives:

Sir--I have this day approved and signed

Enrolled House Bill No. 5418 (Public Act No. 70, I.E.), being

(Filed with the Secretary of State March 15, 2002, at 11:44 a.m.)

Date: March 14, 2002

Time: 1:46 p.m.

To the Speaker of the House of Representatives:

Sir--I have this day approved and signed

Enrolled House Bill No. 5419 (Public Act No. 71, I.E.), being

An act to amend 1979 PA 94, entitled "An act to make appropriations to aid in the support of the public schools and the intermediate school districts of the state; to make appropriations for certain other purposes relating to education; to provide for the disbursement of the appropriations; to supplement the school aid fund by the levy and collection of certain taxes; to authorize the issuance of certain bonds and provide for the security of those bonds; to prescribe the powers and duties of certain state departments, the state board of education, and certain other boards and officials; to prescribe penalties; and to repeal acts and parts of acts," by amending section 17a (MCL 388.1617a), as amended by 1996 PA 300.

(Filed with the Secretary of State March 15, 2002, at 11:46 a.m.)

Date: March 14, 2002

Time: 1:50 p.m.

To the Speaker of the House of Representatives:

Sir--I have this day approved and signed

Enrolled House Bill No. 5420 (Public Act No. 72, I.E.), being

An act to amend 1966 PA 331, entitled "An act to revise and consolidate the laws relating to community colleges; to provide for the creation of community college districts; to provide a charter for such districts; to provide for the government, control and administration of such districts; to provide for the election of a board of trustees; to define the powers and duties of the board of trustees; to provide for the assessment, levy, collection and return of taxes therefor; to prescribe penalties and provide remedies; and to repeal acts and parts of acts," by amending section 122 (MCL 389.122), as amended by 1984 PA 148.

(Filed with the Secretary of State March 15, 2002, at 11:47 a.m.)

Date: March 14, 2002

Time: 1:55 p.m.

To the Speaker of the House of Representatives:

Sir--I have this day approved and signed

Enrolled House Bill No. 5423 (Public Act No. 73, I.E.), being

(Filed with the Secretary of State March 15, 2002, at 11:48 a.m.)

Date: March 14, 2002

Time: 2:30 p.m.

To the Speaker of the House of Representatives:

Sir--I have this day approved and signed

Enrolled House Bill No. 5119 (Public Act No. 76, I.E.), being

An act to amend 1998 PA 58, entitled "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," by amending section525 (MCL 436.1525), as amended by 2001 PA 223.

(Filed with the Secretary of State March 15, 2002, at 11:52 a.m.)

The following message from the Governor was received March 14, 2002 and read:

EXECUTIVE ORDER

No. 2002 - 4

MICHIGAN COMMISSION ON ASIA IN THE SCHOOLS

DEPARTMENT OF HISTORY, ARTS AND LIBRARIES

WHEREAS, Americans meet both opportunities and challenges in a global community that is increasingly interconnected; and

WHEREAS, Michigan residents and their children, who must compete and thrive in such an interconnected world, will find it crucial to learn about the peoples, the cultures and the economies in Asia, the most rapidly changing region of the world; and

WHEREAS, According to the Asia Society report Asia in the Schools: Preparing Young Americans for Today's Interconnected World, most Americans learn very little about Asia in our schools; and

WHEREAS, Defense Department research indicates that the United States is failing to graduate enough students with expertise in foreign language, foreign cultures and the policy concerns of foreign nations--especially Asian countries--to meet the demands of business, government and our universities; and

WHEREAS, While many teachers, administrators and policymakers responsible for elementary and secondary education recognize the need to educate our students about world affairs and other cultures, many schools lack the know-how and support necessary to provide such instruction; and

WHEREAS, Michigan's exports to Asia exceed $3.2 billion.

NOW, THEREFORE, I, John Engler, Governor of the state of Michigan, pursuant to the powers vested in me by the Constitution of the state of Michigan of 1963 and the laws of the state of Michigan, do hereby order the following:

I. DEFINITIONS

A. "Commission" means the Michigan Commission on Asia in the Schools established by this Executive Order.

B. "Department" means the Department of History, Arts and Libraries, the principal department of state government created by Section 3 of Act No. 63 of the Public Acts of 2001, being Section 399.703 of the Michigan Compiled Laws.

II. ESTABLISHMENT OF THE MICHIGAN COMMISSION ON ASIA IN THE SCHOOLS

A. The Michigan Commission on Asia in the Schools is hereby established within the Department of History, Arts and Libraries as a Type II entity as defined in Section 3 of Act No. 380 of the Public Acts of 1965, as amended, being Section 16.103 of the Michigan Compiled Laws.

B. The commission shall consist of fifteen (15) members. Members of the commission shall be appointed by the Governor and shall serve during the existence of the commission, which shall complete its work no later than 120 days after the commission's first meeting.

C. Any vacancy on the commission shall be filled in the same manner as the original appointment.

III. CHARGE TO THE COMMISSION

The commission shall be advisory in nature and shall assist the Governor and the Department with the following functions:

A. The commission shall conduct a survey of Michigan's available resources on Asia, both human and material, to examine how these resources could be used to further Michigan's education and business understanding of Asia.

B. The commission shall complete an academic review of current curricular efforts employed to teach students about Asia.

C. The commission shall identify and publish best practices used in schools, school districts, and communities to comprehensively educate Michigan residents on Asia.

IV. OPERATIONS OF THE COMMITTEE

A. The Governor shall designate one (1) member of the commission to serve as chairperson. This member shall serve as chair at the pleasure of the Governor.

B. The commission may adopt procedures, not inconsistent with law and with this Order, governing its organization, operation and procedure.

C. Members of the commission shall not delegate their responsibilities to other persons. A majority of the serving members constitutes a quorum for the transaction of business at a meeting. The commission shall act by a majority vote of its serving members.

D. The commission shall meet at the call of the chairperson and as may be provided in the procedures of the commission. Meetings of the commission may be held at any location within the state of Michigan.

E. The commission may, as appropriate, make inquiries, studies, investigations, hold hearings, and receive comments from the public. The commission may consult with outside experts in order to perform its duties.

F. Members of the commission shall serve without compensation. Members of the commission may receive reimbursement for necessary travel and expenses according to relevant statutes, rules and procedures of the Department of Management and Budget and the Civil Service Commission.

G. The Department may hire or retain such contractors, sub-contractors, advisors, consultants and agents, and may make and enter into contracts necessary or incidental to the exercise of the performance of the Commission's duties, as the Department Director deems appropriate. Such procurements shall be in accordance with the relevant statutes, rules and procedures of the Department of Management and Budget and the Civil Service Commission.

H. The commission may apply for, receive and expend monies from any source, public or private, including but not limited to, gifts, grants, donations of monies and government appropriations. The commission may also accept donations of labor, services or other things of value from any public or private agency or person.

I. Members of the commission shall refer all legal, legislative and media contacts to the Department.

J. The commission shall be staffed by personnel within the Department and the Executive Office of the Governor.

K. All departments, committees, commissioners or officers of the state or of any political subdivision thereof shall give to the commission, or to any member or representative thereof, any necessary assistance required by the commission, or any member of representative thereof, in the performance of the duties of the commission so far as is compatible with its, his or her duties; free access shall also be given to any books, records or documents in its, his or her custody, relating to matters within the scope of inquiry, study or investigation of the commission.

[SEAL] Given under my hand and the Great Seal of the state of Michigan this 14th day of March, 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.

The following veto message from the Governor was received and read:

Executive Office, Lansing, March 15, 2002

Michigan House of Representatives

State Capitol Building

Lansing, Michigan 48913

Ladies and Gentlemen:

Today I have vetoed and am returning to you herewith, Enrolled House Bill 4022.

Enrolled House Bill 4022 would amend the Michigan Vehicle Code to include township governments in the process for deciding speed limits for county roads. I have always been a supporter of sound traffic engineering science. I am concerned that, under this legislation, objective facts will be ignored in the face of emotional appeals to alter speed limits.

Current statute requires the county road commission and the Department of State Police to jointly determine upon the basis of an engineering and traffic investigation the speed limits on county roadways. This study consists of site visits, speed and traffic volume studies, traffic accident data analysis, and input from local officials. This process produces a consistent, statewide standard.

The process of setting speed limits is often an emotional issue. Traffic accidents that receive intense media coverage frequently spur requests for changes in speed limits, regardless of the actual cause of those accidents. Traffic volume and accident data are two critical factors in determining a realistic speed limit. Emotionally charged decisions regarding changes in speed limits most often result in speed limits set unreasonably low. This tends to undermine legitimate speed limits and enforcement of traffic safety laws.

Furthermore, the current statute allows townships input in the speed limit review process. MCL 257.628(2) allows townships to petition the county road commission to approve proposed changes in speed limits. This language was recently added at the request of townships in PA 167 of 2000. I believe that this new provision should be given more time to address the concerns of Enrolled House Bill 4022.

Lastly, the current process results in adjustments to speed limits by a unanimous agreement of the county road commission and the Michigan State Police. This bill could result in decisions made not on objective fact but by two of the parties in agreement with the third dissenting.

For the above stated reasons, I am returning Enrolled House Bill 4022 without signature.

Sincerely,

John Engler

Governor

The question being on the passage of the bill, the objections of the Governor to the contrary notwithstanding,

Rep. Patterson moved that the bill be re-referred to the Committee on Transportation.

The motion prevailed.

By unanimous consent the House returned to the order of

Second Reading of Bills

House Bill No. 5644, 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, 2003; to provide for the expenditure of those appropriations; to provide for the imposition of certain fees; to provide for the disposition of fees and other income received by the state agencies; to provide for reports to certain persons; and to prescribe powers and duties of certain state departments and certain state and local agencies and officers.

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. Switalski moved to amend the bill as follows:

1. Amend page 31, following line 21, by inserting:

"(3) Of the funds appropriated in part 1 for low-income/energy efficiency assistance, $27,000,000.00 shall be used to support low-income shutoff protection programs, including the allocation designated in subsection (2), $6,000,000.00 shall be distributed to support a "Clean Slate" program that would assist Work First clients who are in full compliance with Work First requirements in meeting past due utility bills, $6,000,000.00 shall be used to support energy efficiency programs, and $9,000,000.00 shall be distributed to support weatherization programs.".

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

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

The motion prevailed.

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

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

By unanimous consent the House returned to the order of

Third Reading of Bills

House Bill No. 5644, 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. 287 Yeas--106

Adamini Garza Lipsey Rocca

Allen George Lockwood Schauer

Anderson Gieleghem Mans Schermesser

Basham Gilbert McConico Scranton

Bernero Godchaux Mead Shackleton

Birkholz Gosselin Meyer Sheltrown

Bisbee Hager Middaugh Shulman

Bishop Hale Minore Spade

Bogardus Hansen Mortimer Stallworth

Bovin Hardman Murphy Stamas

Bradstreet Hart Neumann Stewart

Brown, B. Howell Newell Switalski

Brown, C. Hummel O'Neil Tabor

Brown, R. Jacobs Palmer Thomas

Callahan Jamnick Pappageorge Toy

Cassis Jansen Patterson Van Woerkom

Caul Jelinek Pestka Vander Roest

Clark, I. Johnson, Rick Phillips Vander Veen

Clarke, H. Johnson, Ruth Plakas Voorhees

Daniels Julian Pumford Waters

Dennis Koetje Quarles Whitmer

DeRossett Kolb Raczkowski Williams

DeVuyst Kooiman Reeves Wojno

DeWeese Kowall Richardville Woodward

Ehardt Kuipers Richner Woronchak

Faunce LaSata Rison Zelenko

Frank Lemmons

Nays--3

Drolet Rivet Vear

In The Chair: Julian

The House agreed to the title of the bill.

Rep. Vear, 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 object to cutting the Nursing Home Quality Incentive Grant Program from the CIS budget.The Quality Incentive Grant Program was a program that has successfully worked for years to improve the Quality of care for our Nursing Home residents in our Great State of Michigan. This program gave incentives to our nursing homes to provide quality care. These grants went directly to improve resident care and comfort. Programs such as the Eden program will likely die for lake of funding.Thank you Mr Speaker."

Second Reading of Bills

House Bill No. 5643, entitled

A bill to make appropriations for the department of career development and the Michigan strategic fund and certain other state purposes for the fiscal year ending September 30, 2003; to provide for the expenditure of the appropriations; and to provide for the disposition of fees and other income received by 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. Rivet moved to amend the bill as follows:

1. Amend page 15, following line 12, by inserting:

"Sec. 214. (1) Before privatizing any services or activities currently provided by state employees in the department, a department or agency shall submit to the house and senate appropriations committees a detailed preprivatization cost-benefit analysis. This analysis shall utilize the most accurate, reliable, and objective data available and use the most actuarially sound techniques available to the department or agency. Included in this analysis shall be a detailed estimate of the annual costs that will be insured by the state over the next 5 years if:

a) The service or activity continues to be provided by state employees.

b) The service or activity is privatized. The costs of privatizing these services shall include the costs of all necessary monitoring and oversight of the private entity by the state. It shall use only accurate and up-to-date bids from reputable companies that are properly bonded, so as not to expose the state to any potential future liability or legal causes of action.

(2) The department or agency shall not commence any efforts to privatize the services or activities appropriated under this bill, currently provided by state employees, until the cost-benefit analysis outlined in subsection (1) has been reviewed and approved by both the house and senate appropriations committees and it shows a cost savings of at least 5% over the costs of continuing to provide the service or activity using state employees.".

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

Rep. Rivet demanded the yeas and nays.

The demand was supported.

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

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

Roll Call No. 288 Yeas--52

Adamini Frank McConico Schermesser

Anderson Garza Murphy Shackleton

Basham Gieleghem Neumann Sheltrown

Bernero Hale O'Neil Spade

Bogardus Hansen Pestka Stallworth

Bovin Hardman Phillips Switalski

Brown, B. Jacobs Plakas Thomas

Brown, R. Jamnick Quarles Waters

Callahan Kolb Reeves Whitmer

Clark, I. Lemmons Rison Williams

Clarke, H. Lipsey Rivet Wojno

Daniels Lockwood Rocca Woodward

Dennis Mans Schauer Zelenko

Nays--56

Allen George Kooiman Richardville

Birkholz Gilbert Kowall Richner

Bisbee Godchaux Kuipers Scranton

Bishop Gosselin LaSata Shulman

Bradstreet Hager Mead Stamas

Brown, C. Hart Meyer Stewart

Cassis Howell Middaugh Tabor

Caul Hummel Mortimer Toy

DeRossett Jansen Newell Van Woerkom

DeVuyst Jelinek Palmer Vander Roest

DeWeese Johnson, Rick Pappageorge Vander Veen

Drolet Johnson, Ruth Patterson Vear

Ehardt Julian Pumford Voorhees

Faunce Koetje Raczkowski Woronchak

In The Chair: Julian

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

The motion prevailed.

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

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

______

Rep. 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. 5643 , 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. 289 Yeas--107

Adamini Frank Lipsey Schauer

Allen Garza Lockwood Schermesser

Anderson George Mans Scranton

Basham Gieleghem McConico Shackleton

Bernero Gilbert Mead Sheltrown

Birkholz Godchaux Meyer Shulman

Bisbee Gosselin Middaugh Spade

Bishop Hager Minore Stallworth

Bogardus Hale Mortimer Stamas

Bovin Hansen Murphy Stewart

Bradstreet Hardman Neumann Switalski

Brown, B. Howell Newell Tabor

Brown, C. Hummel O'Neil Thomas

Brown, R. Jacobs Palmer Toy

Callahan Jamnick Pappageorge Van Woerkom

Cassis Jansen Patterson Vander Roest

Caul Jelinek Pestka Vander Veen

Clark, I. Johnson, Rick Phillips Vear

Clarke, H. Johnson, Ruth Plakas Voorhees

Daniels Julian Pumford Waters

Dennis Koetje Quarles Whitmer

DeRossett Kolb Raczkowski Williams

DeVuyst Kooiman Reeves Wojno

DeWeese Kowall Richardville Woodward

Drolet Kuipers Richner Woronchak

Ehardt LaSata Rison Zelenko

Faunce Lemmons Rocca

Nays--1

Rivet

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 make appropriations for the department of career development and the Michigan strategic fund and certain other state purposes for the fiscal year ending September 30, 2003; to provide for the expenditure of the appropriations; to provide for the disposition of fees and other income received by the state agencies; and to repeal acts and parts of acts.

The motion prevailed.

The House agreed to the title as amended.

Second Reading of Bills

House Bill No. 5649, entitled

A bill to make appropriations for the department of military and veterans affairs for the fiscal years ending September 30, 2002 and September 30, 2003; to provide for the expenditure of the appropriations; to provide for certain powers and duties of the department of military and veterans affairs, other state agencies, and local units of government related to the appropriations; and to provide for the preparation of certain reports related to the appropriations.

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.

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

1. Amend page 2, following line 23, by inserting:

"Civil air patrol 50,000"

and adjusting the subtotals, totals, and section 201 accordingly.

2. Amend page 16, following line 2, by inserting:

"Sec. 305. The funds appropriated for the civil air patrol in section 102 shall be used for the purchase of search and rescue equipment.".

The question being on the adoption of the amendments offered by Reps. Frank and Raczkowski,

Rep. Frank demanded the yeas and nays.

The demand was supported.

The question being on the adoption of the amendments offered by Reps. Frank and Raczkowski,

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

Roll Call No. 290 Yeas--51

Adamini Frank Minore Spade

Anderson Garza Murphy Stallworth

Basham Gieleghem Neumann Switalski

Bernero Hale O'Neil Thomas

Bogardus Hansen Pestka Vander Roest

Bovin Hardman Phillips Vear

Brown, B. Jacobs Plakas Waters

Brown, R. Jamnick Quarles Whitmer

Callahan Kolb Raczkowski Williams

Clark, I. Lemmons Rivet Wojno

Clarke, H. Lipsey Schauer Woodward

Daniels Lockwood Schermesser Zelenko

Dennis Mans Sheltrown

Nays--54

Allen Gilbert Kowall Richner

Birkholz Godchaux Kuipers Rocca

Bisbee Gosselin LaSata Scranton

Bishop Hager Mead Shackleton

Brown, C. Hart Meyer Shulman

Cassis Howell Middaugh Stamas

Caul Hummel Mortimer Stewart

DeRossett Jansen Newell Tabor

DeVuyst Jelinek Palmer Toy

DeWeese Johnson, Rick Pappageorge Van Woerkom

Drolet Johnson, Ruth Patterson Vander Veen

Ehardt Julian Pumford Voorhees

Faunce Koetje Richardville Woronchak

George Kooiman

In The Chair: Julian

Rep. Jacobs moved to amend the bill as follows:

1. Amend page 15, following line 22, by inserting:

"Sec. 303. The department shall obtain a new appraisal to determine the fair market value of the Oak Park armory property. The results of that appraisal shall be forwarded to the city of Oak Park. For a period of 60 days following receipt of the appraisal by the city, the city of Oak Park shall have the right to purchase the armory property at a price equal to the appraised value under the appraisal obtained pursuant to this section. Any agreement regarding the sale of the property to the city of Oak Park shall comply with the provisions of section 382 of the Michigan military act, 1967 PA 150, MCL 32.782, and shall include a restriction that the city not receive any remuneration from the subsequent resale of the property to an outside party beyond the purchase price paid by the city and any reasonable expenses incurred by the city in developing the property. If the city has not formally notified the department within 60 days of its decision to purchase the property, the department shall proceed with the sale of the property under the provisions of the Michigan military act, 1967 PA 150, MCL 32.501 to 32.851. Proceeds from the sale of the property shall be deposited in the Michigan national guard armory construction fund, as provided in section 382a of the Michigan military act, 1967 PA 150, MCL 32.782a.".

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

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

1. Amend page 2, following line 23, by inserting:

"Civil air patrol 25,000"

and adjusting the subtotals, totals, and section 201 accordingly.

2. Amend page 16, following line 2, by inserting:

"Sec. 305. The funds appropriated for the civil air patrol in section 102 shall be used for the purchase of search and rescue equipment.".

The question being on the adoption of the amendments offered by Reps. Frank and Raczkowski,

Rep. Frank demanded the yeas and nays.

The demand was supported.

The question being on the adoption of the amendments offered by Reps. Frank and Raczkowski,

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

Roll Call No. 291 Yeas--49

Adamini Garza O'Neil Spade

Anderson Gieleghem Pestka Stallworth

Bernero Hale Phillips Switalski

Bogardus Hansen Plakas Thomas

Bovin Hardman Raczkowski Vander Roest

Bradstreet Jacobs Rison Vear

Brown, B. Kolb Rivet Waters

Callahan Lemmons Rocca Whitmer

Clark, I. Lipsey Schauer Williams

Clarke, H. Minore Schermesser Wojno

Daniels Murphy Shackleton Woodward

Dennis Neumann Sheltrown Zelenko

Frank

Nays--37

Birkholz Gilbert Kooiman Patterson

Bisbee Godchaux Kowall Pumford

Bishop Hager LaSata Richardville

Brown, C. Jansen Mead Shulman

DeRossett Jelinek Meyer Stewart

DeVuyst Johnson, Rick Middaugh Tabor

DeWeese Johnson, Ruth Newell Toy

Drolet Julian Palmer Vander Veen

Faunce Koetje Pappageorge Voorhees

George

In The Chair: Julian

Rep. Jacobs moved to amend the bill as follows:

1. Amend page 15, following line 22, by inserting:

"Sec. 303. The department shall obtain a new appraisal to determine fair market value of the Oak Park armory property. The results of that appraisal shall be forwarded to the city of Oak Park. For a period of 60 days following receipt of the appraisal by the city, the city of Oak Park shall have the right to purchase the armory property at a price equal to the appraised value under the appraisal obtained pursuant to this section. Any agreement regarding the sale of the property to the city of Oak Park shall comply with the provisions of section 382 of the Michigan military act, 1967 PA 150, MCL 32.782, and shall include a restriction that the city not receive any remuneration from the subsequent resale of the property to an outside party beyond the purchase price paid by the city and any reasonable expenses incurred by the city in developing the property. If the city has not formally notified the department within 60 days of its decision to purchase the property, the department shall proceed with the sale of the property under the provisions of the Michigan military act, 1967 PA 150, MCL 32.501 to 32.851. Proceeds from the sale of the property shall be deposited in the Michigan national guard armory construction fund, as provided in section 382a of the Michigan military act, 1967 PA 150, MCL 32.782a.".

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

Rep. Jacobs demanded the yeas and nays.

The demand was supported.

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

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

Roll Call No. 292 Yeas--52

Adamini Daniels Lockwood Schauer

Anderson Dennis Mans Schermesser

Basham Frank McConico Sheltrown

Bernero Garza Minore Spade

Bishop Gieleghem Murphy Stallworth

Bogardus Hale Neumann Switalski

Bovin Hansen O'Neil Thomas

Brown, B. Jacobs Pestka Waters

Brown, R. Jamnick Phillips Whitmer

Callahan Johnson, Ruth Plakas Williams

Cassis Kolb Raczkowski Wojno

Clark, I. Kowall Reeves Woodward

Clarke, H. Lipsey Rivet Zelenko

Nays--47

Allen Hager Meyer Shulman

Birkholz Howell Middaugh Stamas

Bisbee Hummel Mortimer Stewart

Bradstreet Jansen Newell Tabor

Brown, C. Jelinek Palmer Toy

Caul Johnson, Rick Patterson Van Woerkom

DeRossett Julian Pumford Vander Roest

DeVuyst Koetje Richardville Vander Veen

Drolet Kooiman Richner Vear

Faunce Kuipers Rocca Voorhees

George LaSata Scranton Woronchak

Gilbert Mead Shackleton

In The Chair: Julian

Rep. Frank moved to reconsider the vote by which the House did not adopt the amendments offered previously by Reps. Frank and Raczkowski.

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

Rep. Frank demanded the yeas and nays.

The demand was supported.

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

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

Roll Call No. 293 Yeas--49

Adamini Frank Minore Schermesser

Anderson Garza Murphy Sheltrown

Basham Gieleghem Neumann Spade

Bernero Hale O'Neil Stallworth

Bogardus Hansen Pestka Switalski

Bovin Jacobs Phillips Thomas

Brown, B. Kolb Plakas Waters

Brown, R. Lemmons Quarles Whitmer

Callahan Lipsey Reeves Williams

Clark, I. Lockwood Rison Wojno

Clarke, H. Mans Rivet Woodward

Daniels McConico Schauer Zelenko

Dennis

Nays--58

Allen Gilbert Kuipers Rocca

Birkholz Godchaux LaSata Scranton

Bisbee Gosselin Mead Shackleton

Bishop Hager Meyer Shulman

Bradstreet Hart Middaugh Stamas

Brown, C. Howell Mortimer Stewart

Cassis Hummel Newell Tabor

Caul Jansen Palmer Toy

DeRossett Jelinek Pappageorge Van Woerkom

DeVuyst Johnson, Rick Patterson Vander Roest

DeWeese Johnson, Ruth Pumford Vander Veen

Drolet Julian Raczkowski Vear

Ehardt Koetje Richardville Voorhees

Faunce Kooiman Richner Woronchak

George Kowall

In The Chair: Julian

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

The motion prevailed.

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

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

By unanimous consent the House returned to the order of

Third Reading of Bills

House Bill No. 5649, 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. 294 Yeas--109

Adamini Garza Lipsey Rocca

Allen George Lockwood Schauer

Anderson Gieleghem Mans Schermesser

Basham Gilbert McConico Scranton

Bernero Godchaux Mead Shackleton

Birkholz Gosselin Meyer Sheltrown

Bisbee Hager Middaugh Shulman

Bishop Hale Minore Spade

Bogardus Hansen Mortimer Stallworth

Bovin Hardman Murphy Stamas

Bradstreet Hart Neumann Stewart

Brown, B. Howell Newell Switalski

Brown, C. Hummel O'Neil Tabor

Brown, R. Jacobs Palmer Thomas

Callahan Jamnick Pappageorge Toy

Cassis Jansen Patterson Van Woerkom

Caul Jelinek Pestka Vander Roest

Clark, I. Johnson, Rick Phillips Vander Veen

Clarke, H. Johnson, Ruth Plakas Vear

Daniels Julian Pumford Voorhees

Dennis Koetje Quarles Waters

DeRossett Kolb Raczkowski Whitmer

DeVuyst Kooiman Reeves Williams

DeWeese Kowall Richardville Wojno

Drolet Kuipers Richner Woodward

Ehardt LaSata Rison Woronchak

Faunce Lemmons Rivet Zelenko

Frank

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 make, supplement, and adjust appropriations for the department of military and veterans affairs for the fiscal years ending September 30, 2002 and September 30, 2003; to provide for the expenditure of the appropriations; to provide for certain powers and duties of the department of military and veterans affairs, other state agencies, and local units of government related to the appropriations; and to provide for the preparation of certain reports related to the appropriations.

The motion prevailed.

The House agreed to the title as amended.

Second Reading of Bills

House Bill No. 5650, entitled

A bill to make appropriations for the department of state police and certain other state purposes for the fiscal year ending September 30, 2003; to provide for the expenditure of those appropriations; to provide for certain reports and the consideration of those reports; to provide for the disposition of other income received by the various state agencies; to provide for the testing of certain persons; to provide for certain emergency powers; and to provide for the powers and duties of certain committees, certain state agencies, and certain employees.

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. Phillips moved to amend the bill as follows:

1. Amend page 5, following line 24, by inserting:

"Grant to city of Pontiac 150,000"

and adjusting the subtotals, totals, and section 201 accordingly.

2. Amend page 19, following line 6, by inserting:

"FORENSIC SCIENCES

Sec. 704. It is the intent of the legislature that the grant to the city of Pontiac under section 108 be allocated by the city to pay expenses incurred by the city as a result of the annual arts, beats, and eats festival. The city of Pontiac shall provide a report to the department detailing the expenditures made from the money appropriated for the grant. This report shall be forwarded by the department to the house and senate appropriations subcommittees on state police, the house and senate fiscal agencies, and the state budget director following the conclusion of the fiscal year ending September 30, 2003.".

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

Rep. Schauer moved to amend the bill as follows:

1. Amend page 3, line 6, by striking out "8,556,000" and inserting "8,731,000" and adjusting the subtotals, totals, and section 201 accordingly.

2. Amend page 18, following line 6, by inserting:

"DEPARTMENTWIDE APPROPRIATIONS

Sec. 271. From the funds appropriated in section 103 for rent and building occupancy charges, funds shall be expended for the necessary rental costs for a state police post in Marshall.".

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

Rep. Schauer demanded the yeas and nays.

The demand was supported.

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

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

Roll Call No. 295 Yeas--52

Adamini Frank Minore Schermesser

Anderson Garza Mortimer Sheltrown

Basham Gieleghem Murphy Spade

Bernero Hansen Neumann Stallworth

Bogardus Hardman O'Neil Switalski

Bovin Jacobs Pestka Thomas

Brown, B. Jamnick Phillips Vander Roest

Brown, R. Kolb Plakas Waters

Callahan Lemmons Quarles Whitmer

Clark, I. Lipsey Reeves Williams

Clarke, H. Lockwood Rison Wojno

Daniels Mans Rivet Woodward

Dennis McConico Schauer Zelenko

Nays--56

Allen George Kooiman Richner

Birkholz Gilbert Kowall Rocca

Bisbee Godchaux Kuipers Scranton

Bishop Gosselin LaSata Shackleton

Bradstreet Hager Mead Shulman

Brown, C. Hart Meyer Stamas

Cassis Howell Middaugh Stewart

Caul Hummel Newell Tabor

DeRossett Jansen Palmer Toy

DeVuyst Jelinek Pappageorge Van Woerkom

DeWeese Johnson, Rick Patterson Vander Veen

Drolet Johnson, Ruth Pumford Vear

Ehardt Julian Raczkowski Voorhees

Faunce Koetje Richardville Woronchak

In The Chair: Julian

Rep. Kolb moved to amend the bill as follows:

1. Amend page 21, following line 10, by inserting:

"(3) The department shall consider colleges, universities, and communities in which colleges and universities are located as a priority for the distribution of available state and federal emergency management funding in order to offset costs associated with homeland security efforts.".

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

Rep. Kolb demanded the yeas and nays.

The demand was supported.

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

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

Roll Call No. 296 Yeas--50

Adamini Frank McConico Schauer

Anderson Garza Minore Schermesser

Basham Gieleghem Murphy Shackleton

Bernero Hale Neumann Sheltrown

Bogardus Hansen O'Neil Spade

Bovin Hardman Pestka Switalski

Brown, B. Jacobs Phillips Thomas

Brown, R. Jamnick Plakas Waters

Callahan Kolb Quarles Whitmer

Clark, I. Lemmons Reeves Williams

Clarke, H. Lipsey Rison Wojno

Daniels Lockwood Rivet Zelenko

Dennis Mans

Nays--58

Allen Gilbert Kuipers Rocca

Birkholz Godchaux LaSata Scranton

Bisbee Gosselin Mead Shulman

Bishop Hager Meyer Stamas

Bradstreet Hart Middaugh Stewart

Brown, C. Howell Mortimer Tabor

Cassis Hummel Newell Toy

Caul Jansen Palmer Van Woerkom

DeRossett Jelinek Pappageorge Vander Roest

DeVuyst Johnson, Rick Patterson Vander Veen

DeWeese Johnson, Ruth Pumford Vear

Drolet Julian Raczkowski Voorhees

Ehardt Koetje Richardville Woodward

Faunce Kooiman Richner Woronchak

George Kowall

In The Chair: Julian

Reps. Whitmer and LaSata moved to amend the bill as follows:

1. Amend page 5, line 7, by striking out "7,618,200" and inserting "4,818,200".

2. Amend page 5, line 19, by striking out "5,954,300" and inserting "3,154,300".

3. Amend page 9, line 9, by striking out "32,949,500" and inserting "32,699,500".

4. Amend page 10, line 2, by striking out "450,000" and inserting "200,000" and adjusting the subtotals, totals, and section 201 accordingly.

5. Amend page 19, line 2, by striking out all of section 503 and inserting:

"Sec. 503. In addition to the funds appropriated for the criminal justice information center division in section 106, $2,800,000.00 is appropriated from criminal justice information center service fees if Senate Bill No. 928 of the 91st Legislature is enacted into law.".

6. Amend page 22, line 15, by striking out all of section 1303 and inserting:

"Sec. 1303. In addition to the funds appropriated for criminal investigations in section 113, $250,000.00 is appropriated from licensing fees if Senate Bill No. 425 and Senate Bill No. 929 of the 91st Legislature are enacted into law.".

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

Rep. Richardville moved to amend the bill as follows:

1. Amend page 22, following line 19, by inserting:

"Sec. 1401. The department of state police shall report by December 1, 2002 to the house and senate appropriations subcommittees on state police and military and veterans affairs and the house and senate fiscal agencies on the status of school bus inspections.".

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

Reps. Vander Veen and Lockwood moved to amend the bill as follows:

1. Amend page 17, following line 14, by inserting:

"Sec. 221a. From the funds appropriated in part 1, the department may appropriate up to $50,000.00 to fund a toll-free hotline in collaboration with the department of education.".

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

Rep. Phillips moved to amend the bill as follows:

1. Amend page 5, following line 24, by inserting:

"Grant to city of Pontiac 140,000"

and adjusting the subtotals, totals, and section 201 accordingly.

2. Amend page 19, following line 6, by inserting:

"FORENSIC SCIENCES

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

Rep. Phillips demanded the yeas and nays.

The demand was supported.

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

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

Roll Call No. 297 Yeas--49

Adamini Daniels Kowall Raczkowski

Anderson Dennis Lemmons Reeves

Basham Garza Lipsey Rison

Bernero Gieleghem Lockwood Rivet

Bishop Godchaux Mans Schermesser

Bogardus Gosselin McConico Switalski

Bovin Hale Minore Thomas

Brown, B. Hansen Murphy Waters

Brown, R. Hardman O'Neil Whitmer

Callahan Jacobs Phillips Williams

Cassis Jamnick Plakas Woodward

Clark, I. Kolb Quarles Zelenko

Clarke, H.

Nays--57

Allen Hart Middaugh Shackleton

Birkholz Howell Mortimer Sheltrown

Bisbee Hummel Neumann Shulman

Bradstreet Jansen Newell Spade

Brown, C. Jelinek Palmer Stamas

Caul Johnson, Rick Pappageorge Stewart

DeRossett Johnson, Ruth Patterson Tabor

DeVuyst Julian Pestka Toy

DeWeese Koetje Pumford Van Woerkom

Drolet Kooiman Richardville Vander Roest

Ehardt Kuipers Richner Vander Veen

Faunce LaSata Rocca Vear

George Mead Schauer Voorhees

Gilbert Meyer Scranton Woronchak

Hager

In The Chair: Julian

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

1. Amend page 22, following line 19, by inserting:

"MOTOR CARRIER ENFORCEMENT

Sec. 1401. The department shall report to the house and senate appropriations subcommittees on state police and the house and senate fiscal agencies by March 1, 2003 regarding the inspection of school buses and other motor vehicles under section 715a of the Michigan vehicle code, 1949 PA 300, MCL 257.715a, and section 39 of the pupil transportation act, 1990 PA 187, MCL 257.1839. The report shall include the following information regarding inspections conducted in calendar year 2002:

(a) The number of buses and vehicles inspected by the department.

(b) The number of buses and vehicles passing and failing inspection.

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

Rep. Schauer moved to amend the bill as follows:

1. Amend page 18, following line 6, by inserting:

"DEPARTMENTWIDE APPROPRIATIONS

Sec. 271. From the funds appropriated in section 103 for rent and building occupancy charges, funds shall be expended for necessary rental costs for a state police post in Marshall.".

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

Rep. Schauer demanded the yeas and nays.

The demand was supported.

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

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

Roll Call No. 298 Yeas--54

Adamini Garza Mortimer Schermesser

Anderson Gieleghem Murphy Sheltrown

Basham Hale Neumann Spade

Bernero Hansen O'Neil Stallworth

Bogardus Hardman Pestka Switalski

Bovin Jacobs Phillips Thomas

Brown, B. Jamnick Plakas Vander Roest

Brown, R. Kolb Quarles Vear

Callahan Lemmons Reeves Waters

Clark, I. Lipsey Richardville Whitmer

Clarke, H. Lockwood Rison Williams

Daniels Mans Rivet Wojno

Dennis McConico Schauer Zelenko

Frank Minore

Nays--55

Allen George Kooiman Rocca

Birkholz Gilbert Kowall Scranton

Bisbee Godchaux Kuipers Shackleton

Bishop Gosselin LaSata Shulman

Bradstreet Hager Mead Stamas

Brown, C. Hart Meyer Stewart

Cassis Howell Middaugh Tabor

Caul Hummel Newell Toy

DeRossett Jansen Palmer Van Woerkom

DeVuyst Jelinek Pappageorge Vander Veen

DeWeese Johnson, Rick Patterson Voorhees

Drolet Johnson, Ruth Pumford Woodward

Ehardt Julian Raczkowski Woronchak

Faunce Koetje Richner

In The Chair: Julian

Reps. Stamas and Middaugh moved to amend the bill as follows:

1. Amend page 17, following line 21, by inserting:

"Sec. 224. The department of state police shall notify the house and senate appropriations subcommittees on state police and military and veterans affairs and the house and senate fiscal agencies not less than 120 days before recommending to close or consolidate any state police posts.".

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

Rep. Stallworth moved to amend the bill as follows:

1. Amend page 5, following line 24, by inserting:

"Grant to city of Detroit 721,100"

and adjusting the subtotals, totals, and section 201 accordingly.

2. Amend page 19, following line 6, by inserting:

"FORENSIC SCIENCES

Sec. 701. It is the intent of the legislature that from the grant to the city of Detroit under section 108 an amount of $431,400.00 be allocated by the city to supplement the city's appropriations for the Detroit crime lab and an amount of $289,700.00 be allocated by the city to the Detroit police special events account. The city of Detroit shall provide a report to the department detailing the expenditures made and the services provided from the money appropriated for the grant. This report shall be forwarded by the department to the house and senate appropriations subcommittees on state police, the house and senate fiscal agencies, and the state budget director by January 15, 2003.".

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

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

The motion prevailed.

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

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

By unanimous consent the House returned to the order of

Third Reading of Bills

House Bill No. 5650, 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. 299 Yeas--109

Adamini Garza Lipsey Rocca

Allen George Lockwood Schauer

Anderson Gieleghem Mans Schermesser

Basham Gilbert McConico Scranton

Bernero Godchaux Mead Shackleton

Birkholz Gosselin Meyer Sheltrown

Bisbee Hager Middaugh Shulman

Bishop Hale Minore Spade

Bogardus Hansen Mortimer Stallworth

Bovin Hardman Murphy Stamas

Bradstreet Hart Neumann Stewart

Brown, B. Howell Newell Switalski

Brown, C. Hummel O'Neil Tabor

Brown, R. Jacobs Palmer Thomas

Callahan Jamnick Pappageorge Toy

Cassis Jansen Patterson Van Woerkom

Caul Jelinek Pestka Vander Roest

Clark, I. Johnson, Rick Phillips Vander Veen

Clarke, H. Johnson, Ruth Plakas Vear

Daniels Julian Pumford Voorhees

Dennis Koetje Quarles Waters

DeRossett Kolb Raczkowski Whitmer

DeVuyst Kooiman Reeves Williams

DeWeese Kowall Richardville Wojno

Drolet Kuipers Richner Woodward

Ehardt LaSata Rison Woronchak

Faunce Lemmons Rivet Zelenko

Frank

Nays--0

In The Chair: Julian

The House agreed to the title of the bill.

Second Reading of Bills

Senate Bill No. 1107, entitled

A bill to amend 1979 PA 94, entitled "The state school aid act of 1979," by amending sections 11, 11f, 11g, 19, 20, 22a, 22b, 24, 26a, 31a, 31d, 32d, 37, 38, 39, 41, 51a, 51c, 53a, 54, 56, 57, 61a, 62, 67, 68, 74, 81, 94, 94a, 96, 98, 99, 107, 108, and 147 (MCL 388.1611, 388.1611f, 388.1611g, 388.1619, 388.1620, 388.1622a, 388.1622b, 388.1624, 388.1626a, 388.1631a, 388.1631d, 388.1632d, 388.1637, 388.1638, 388.1639, 388.1641, 388.1651a, 388.1651c, 388.1653a, 388.1654, 388.1656, 388.1657, 388.1661a, 388.1662, 388.1667, 388.1668, 388.1674, 388.1681, 388.1694, 388.1694a, 388.1696, 388.1698, 388.1699, 388.1707, 388.1708, and 388.1747), sections 11, 11f, 11g, 20, 22a, 22b, 24, 26a, 31a, 31d, 32d, 41, 51a, 51c, 53a, 54, 56, 57, 61a, 62, 67, 68, 74, 81, 94, 94a, 98, 99, 107, and 147 as amended by 2001 PA 121 and sections 19, 37, 38, and 39 as amended and sections 96 and 108 as added by 2000 PA 297, and by adding sections 32i, 34, 39a, 51d, 55, 99a, and 121a; 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 Appropriations,

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

Rep. Meyer moved to amend the bill as follows:

1. Amend page 162, line 19, after "THAN" by striking out "70%" and inserting "89%".

2. Amend page 163, line 5, after "THAN" by striking out "50%" and inserting "88%" and adjusting section 11 and enacting section 1 accordingly.

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

Rep. Jacobs moved to amend the bill as follows:

1. Amend page 139, line 15, after "2002." by inserting "DISTRICTS AND INTERMEDIATE DISTRICTS ARE NOT REQUIRED TO FILE THE REGISTRY OF EDUCATION PERSONNEL REPORT UNTIL AFTER THE FEDERAL RULES ARE PUBLISHED.".

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 139, line 18, after "DAY" by inserting a comma and "AND $2.00 FOR EACH EMPLOYEE FOR WHOM DATA IS REQUIRED TO BE REPORTED,".

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

Rep. Hart moved to amend the bill as follows:

1. Amend page 136, line 8, after "SEC. 93." by inserting "(1)".

2. Amend page 136, line 10, after "2002-2003" by striking out the balance of the section and inserting "FOR THE PURPOSES OF THIS SECTION.

(2) FROM THE FUNDS ALLOCATED UNDER SUBSECTION (1), $500.00 IS ALLOCATED FOR 2002-2003 FOR PILOT PROJECTS ACROSS THIS STATE FOR DEVELOPING WAYS TO USE WIRELESS TECHNOLOGY TO IMPROVE ACADEMIC ACHIEVEMENT. THE MICHIGAN VIRTUAL UNIVERSITY SHALL DESIGNATE DISTRICTS FOR PARTICIPATION IN THE PILOT PROJECTS UNDER THIS SECTION. THE PILOT PROJECTS SHALL BE FUNDED THROUGH PUBLIC-PRIVATE PARTNERSHIPS. IN DESIGNATING DISTRICTS TO PARTICIPATE, THE MICHIGAN VIRTUAL UNIVERSITY SHALL DESIGNATE DISTRICTS REPRESENTING THE GEOGRAPHIC DIVERSITY WITHIN THIS STATE.

(3) FROM THE FUNDS ALLOCATED UNDER SUBSECTION (1), $500.00 IS ALLOCATED FOR 2002-2003 TO THE INTERACTIVE COMMUNICATIONS AND SIMULATIONS GROUP OF THE UNIVERSITY OF MICHIGAN SCHOOL OF EDUCATION TO INTEGRATE A MICHIGAN CIVICS CURRICULUM AND MICHIGAN CIVICS EDUCATIONAL PROGRAMMING WITH TECHNOLOGY IN THE PUBLIC SCHOOLS.".

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

Reps. Thomas and Stallworth moved to amend the bill as follows:

1. Amend page 90, following line 2, by inserting:

"Sec. 33. (1) From the state school aid fund appropriation in section 11, there is allocated an amount not to exceed $15,000,000.00 for 2001-2002 AND AN AMOUNT NOT TO EXCEED $14,000,000.00 FOR 2002-2003 to a district that is a qualifying school district under part 5a of the revised school code, MCL 380.371 to 380.376, or that is the subject of intervention under a substantially similar provision of the revised school code. If more than 1 district qualifies for funding under this subsection, the funds shall be allocated on an equal per-pupil basis.

(2) Funds allocated under this section for 2001-2002 are for measures to improve student performance, including, but not limited to, enhanced school security and reading readiness programs. FUNDS ALLOCATED UNDER THIS SECTION FOR 2002-2003 SHALL BE USED BY THE DISTRICT FOR THE SAME PURPOSES AND UNDER THE SAME CONDITIONS AS PROGRAMS DESCRIBED IN SECTION 32D(3) AS IN EFFECT FOR 2000-2001." and adjusting section 11 and enacting section 1 accordingly.

2. Amend page 185, line 1, after "(2)" by striking out "Sections 22c and 33" and inserting "Section 22c".

3. Amend page 185, line 2, after "388.1622c" by striking out "and 388.1633, are" and inserting a comma and "is" and adjusting section 11 and enacting section 1 accordingly.

The question being on the adoption of the amendments offered by Reps. Thomas and Stallworth,

Rep. Thomas demanded the yeas and nays.

The demand was supported.

The question being on the adoption of the amendments offered by Reps. Thomas and Stallworth,

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

Roll Call No. 300 Yeas--48

Adamini DeWeese Mans Schermesser

Anderson Garza McConico Sheltrown

Basham Gieleghem Minore Stallworth

Bernero Hale Murphy Switalski

Bogardus Hansen O'Neil Thomas

Bovin Hardman Phillips Waters

Brown, B. Jacobs Plakas Whitmer

Brown, R. Jamnick Quarles Williams

Callahan Kolb Reeves Wojno

Clark, I. Lemmons Richner Woodward

Clarke, H. Lipsey Rison Woronchak

Daniels Lockwood Rivet Zelenko

Nays--59

Allen Gilbert Kuipers Schauer

Birkholz Godchaux LaSata Scranton

Bisbee Gosselin Mead Shackleton

Bishop Hager Meyer Shulman

Bradstreet Hart Middaugh Spade

Brown, C. Howell Mortimer Stamas

Cassis Hummel Newell Stewart

Caul Jansen Palmer Tabor

Dennis Jelinek Pappageorge Toy

DeRossett Johnson, Rick Patterson Van Woerkom

DeVuyst Johnson, Ruth Pestka Vander Roest

Drolet Julian Pumford Vander Veen

Ehardt Koetje Raczkowski Vear

Faunce Kooiman Richardville Voorhees

George Kowall Rocca

In The Chair: Julian

Rep. Plakas moved to amend the bill as follows:

1. Amend page 139, following line 23, by inserting:

"SEC. 94D. THE CENTER FOR EDUCATIONAL PERFORMANCE AND INFORMATION SHALL ENSURE THAT STANDARD AND POOR'S, OR ANY OTHER CONTRACTOR THAT ANALYZES OR REPORTS INFORMATION COLLECTED BY THE CENTER FOR EDUCATIONAL PERFORMANCE AND INFORMATION, PROVIDES ITS ANALYSIS OR OTHER REPORT TO AFFECTED DISTRICTS AND INTERMEDIATE DISTRICTS BEFORE THE ANALYSIS OR REPORT IS RELEASED TO THE NEWS MEDIA OR THE GENERAL PUBLIC.".

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

Rep. Woronchak moved to amend the bill as follows:

1. Amend page 67, line 18, after "5.75%" by inserting "FOR 2001-2002 AND 11.5% FOR 2002-2003 AND SUBSEQUENT FISCAL YEARS".

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

Rep. Godchaux moved to amend the bill as follows:

1. Amend page 75, line 7, after "SECTION" by striking out the balance of the subsection and inserting a period.

2. Amend page 89, line 9, after "YEARS." by striking out the balance of the subsection.

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

Reps. Schauer and Williams moved to amend the bill as follows:

1. Amend page 71, line 8, after "parents." by inserting "HOWEVER, IF LEGISLATION IS ENACTED ALLOWING THE APPROPRIATION OF MONEY FROM THE COUNTERCYCLICAL BUDGET AND ECONOMIC STABILIZATION FUND FOR THIS PURPOSE, THERE IS APPROPRIATED AN AMOUNT NOT TO EXCEED $45,000,000.00 FOR 2002-2003 FROM THE COUNTERCYCLICAL BUDGET AND ECONOMIC STABILIZATION FUND FOR THE PURPOSES OF THIS SECTION." and adjusting section 11 and enacting section 1 accordingly.

The question being on the adoption of the amendment offered by Reps. Schauer and Williams,

Rep. Williams demanded the yeas and nays.

The demand was supported.

The question being on the adoption of the amendment offered by Reps. Schauer and Williams,

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

Roll Call No. 301 Yeas--52

Adamini Ehardt McConico Schauer

Anderson Frank Minore Schermesser

Basham Garza Mortimer Sheltrown

Bernero Gieleghem Murphy Spade

Bogardus Hager Neumann Stallworth

Bovin Hansen O'Neil Switalski

Brown, B. Hardman Pestka Thomas

Brown, R. Jacobs Phillips Waters

Callahan Jamnick Plakas Whitmer

Clark, I. Kolb Quarles Williams

Clarke, H. Lipsey Reeves Wojno

Daniels Lockwood Rison Woodward

Dennis Mans Rivet Zelenko

Nays--57

Allen Godchaux Kuipers Rocca

Birkholz Gosselin LaSata Scranton

Bisbee Hale Lemmons Shackleton

Bishop Hart Mead Shulman

Bradstreet Howell Meyer Stamas

Brown, C. Hummel Middaugh Stewart

Cassis Jansen Newell Tabor

Caul Jelinek Palmer Toy

DeRossett Johnson, Rick Pappageorge Van Woerkom

DeVuyst Johnson, Ruth Patterson Vander Roest

DeWeese Julian Pumford Vander Veen

Drolet Koetje Raczkowski Vear

Faunce Kooiman Richardville Voorhees

George Kowall Richner Woronchak

Gilbert

In The Chair: Julian

______

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

The motion prevailed.

Rep. Schauer moved to amend the bill as follows:

1. Amend page 84, line 18, after "programs." by inserting "HOWEVER, IF LEGISLATION IS ENACTED ALLOWING THE APPROPRIATION OF MONEY FROM THE COUNTERCYCLICAL BUDGET AND ECONOMIC STABILIZATION FUND FOR THIS PURPOSE, THERE IS APPROPRIATED AN AMOUNT NOT TO EXCEED $45,000,000.00 FOR 2002-2003 FROM THE COUNTERCYCLICAL BUDGET AND ECONOMIC STABILIZATION FUND FOR THE PURPOSES OF THIS SUBSECTION." and adjusting section 11 and enacting section 1 accordingly.

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

Rep. Schauer demanded the yeas and nays.

The demand was supported.

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

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

Roll Call No. 302 Yeas--52

Adamini Frank Mans Rivet

Anderson Garza McConico Schauer

Basham Gieleghem Minore Schermesser

Bernero Hager Murphy Sheltrown

Bogardus Hale Neumann Spade

Bovin Hansen O'Neil Stallworth

Brown, B. Hardman Pestka Switalski

Brown, R. Jacobs Phillips Thomas

Callahan Jamnick Plakas Whitmer

Clark, I. Kolb Quarles Williams

Clarke, H. Lemmons Raczkowski Wojno

Daniels Lipsey Reeves Woodward

Dennis Lockwood Rison Zelenko

Nays--56

Allen George Kuipers Scranton

Birkholz Gilbert LaSata Shackleton

Bisbee Godchaux Mead Shulman

Bishop Gosselin Meyer Stamas

Bradstreet Howell Middaugh Stewart

Brown, C. Hummel Mortimer Tabor

Cassis Jansen Newell Toy

Caul Jelinek Palmer Van Woerkom

DeRossett Johnson, Rick Pappageorge Vander Roest

DeVuyst Johnson, Ruth Patterson Vander Veen

DeWeese Julian Pumford Vear

Drolet Koetje Richardville Voorhees

Ehardt Kooiman Richner Waters

Faunce Kowall Rocca Woronchak

In The Chair: Julian

Reps. Stallworth and Hardman moved to amend the bill as follows:

1. Amend page 34, following line 5, by inserting:

"SEC. 18E. A DISTRICT THAT IS A SCHOOL DISTRICT OF THE FIRST CLASS UNDER THE REVISED SCHOOL CODE SHALL NOT EXPEND MORE THAN 10% OF ITS GENERAL FUND OPERATING REVENUE FOR BUSINESS AND ADMINISTRATION.".

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

Rep. Frank moved to amend the bill as follows:

1. Amend page 147, following line 20, by inserting:

"SEC. 99C. FROM THE STATE SCHOOL AID FUND MONEY APPROPRIATED IN SECTION 11, THERE IS ALLOCATED AN AMOUNT NOT TO EXCEED $3,000,000.00 FOR 2002-2003 FOR PLACING AND MAINTAINING AN AUTOMATED EXTERNAL DEFIBRILLATOR IN EACH HIGH SCHOOL. FROM THIS ALLOCATION, THE DEPARTMENT SHALL PAY EACH DISTRICT AN AMOUNT EQUAL TO $3,000.00 PER HIGH SCHOOL OPERATED BY THE DISTRICT, AND THE DISTRICT SHALL USE THIS MONEY TO ACQUIRE AND MAINTAIN AN AUTOMATED EXTERNAL DEFIBRILLATOR IN EACH HIGH SCHOOL IT OPERATES." and adjusting section 11 and enacting section 1 accordingly.

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

Rep. Frank demanded the yeas and nays.

The demand was supported.

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

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

Roll Call No. 303 Yeas--54

Adamini Frank Minore Schermesser

Anderson Gieleghem Murphy Shackleton

Basham Hale Neumann Sheltrown

Bernero Hansen O'Neil Spade

Bogardus Hardman Pestka Stallworth

Bovin Jacobs Phillips Switalski

Brown, B. Jamnick Plakas Thomas

Brown, R. Kolb Quarles Waters

Callahan Kowall Reeves Whitmer

Cassis Lemmons Rison Williams

Clark, I. Lipsey Rivet Wojno

Clarke, H. Lockwood Rocca Woodward

Daniels Mans Schauer Zelenko

Dennis McConico

Nays--53

Allen Gilbert Kuipers Richner

Birkholz Godchaux LaSata Scranton

Bisbee Gosselin Mead Shulman

Bishop Hager Meyer Stamas

Bradstreet Hart Middaugh Stewart

Brown, C. Hummel Mortimer Tabor

Caul Jansen Newell Toy

DeRossett Jelinek Palmer Van Woerkom

DeVuyst Johnson, Rick Pappageorge Vander Roest

DeWeese Johnson, Ruth Patterson Vander Veen

Drolet Julian Pumford Vear

Ehardt Koetje Raczkowski Voorhees

Faunce Kooiman Richardville Woronchak

George

In The Chair: Julian

Rep. Mead moved to amend the bill as follows:

1. Amend page 12, following line 24, by inserting:

"(Z) IF A PUBLIC SCHOOL ACADEMY CLOSES AT THE END OF A SCHOOL YEAR AND DOES NOT REOPEN FOR THE NEXT SCHOOL YEAR, THE DEPARTMENT SHALL ADJUST THE MEMBERSHIP COUNT OF THE DISTRICT IN WHICH A FORMER PUPIL OF THE PUBLIC SCHOOL ACADEMY ENROLLS AND IS IN REGULAR DAILY ATTENDANCE FOR THE NEXT SCHOOL YEAR TO ENSURE THAT THE DISTRICT RECEIVES THE SAME AMOUNT OF MEMBERSHIP AID FOR THE PUPIL AS IF THE PUPIL WERE COUNTED IN THE DISTRICT ON THE SUPPLEMENTAL COUNT DAY OF THE PRECEDING SCHOOL YEAR.".

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

Rep. Frank moved to amend the bill as follows:

1. Amend page 147, following line 20, by inserting:

"SEC. 99B. FROM THE GENERAL FUND MONEY APPROPRIATED IN SECTION 11, THERE IS ALLOCATED AN AMOUNT NOT TO EXCEED $100,000.00 FOR 2002-2003 TO THE DEPARTMENT TO CONDUCT A STUDY, IN COOPERATION WITH THE DEPARTMENT OF COMMUNITY HEALTH, OF THE FEASIBILITY OF PLACING A AUTOMATED EXTERNAL DEFIBRILLATOR IN EACH SCHOOL BUILDING IN THIS STATE." and adjusting section 11 and enacting section 1 accordingly.

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

Rep. Frank demanded the yeas and nays.

The demand was supported.

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

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

Roll Call No. 304 Yeas--49

Adamini Frank Mans Schauer

Anderson Garza Minore Schermesser

Basham Gieleghem Murphy Sheltrown

Bernero Hale Neumann Spade

Bogardus Hansen O'Neil Stallworth

Bovin Hardman Pestka Thomas

Brown, B. Jacobs Phillips Waters

Brown, R. Jamnick Plakas Whitmer

Callahan Kolb Quarles Williams

Clark, I. Lemmons Reeves Wojno

Clarke, H. Lipsey Rison Woodward

Daniels Lockwood Rivet Zelenko

Dennis

Nays--59

Allen Gilbert Kuipers Scranton

Birkholz Godchaux LaSata Shackleton

Bisbee Gosselin Mead Shulman

Bishop Hager Meyer Stamas

Bradstreet Hart Middaugh Stewart

Brown, C. Howell Mortimer Switalski

Cassis Hummel Newell Tabor

Caul Jansen Palmer Toy

DeRossett Jelinek Pappageorge Van Woerkom

DeVuyst Johnson, Rick Patterson Vander Roest

DeWeese Johnson, Ruth Pumford Vander Veen

Drolet Julian Raczkowski Vear

Ehardt Koetje Richardville Voorhees

Faunce Kooiman Richner Woronchak

George Kowall Rocca

In The Chair: Julian

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

The motion prevailed.

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

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

By unanimous consent the House returned to the order of

Third Reading of Bills

Senate Bill No. 1107, 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. 305 Yeas--97

Adamini George Lockwood Schauer

Allen Gieleghem Mans Schermesser

Anderson Gilbert Mead Scranton

Basham Godchaux Meyer Shackleton

Bernero Gosselin Middaugh Sheltrown

Birkholz Hager Mortimer Shulman

Bisbee Hansen Murphy Spade

Bishop Hart Neumann Stamas

Bovin Howell Newell Stewart

Bradstreet Hummel O'Neil Switalski

Brown, B. Jacobs Palmer Tabor

Brown, C. Jamnick Pappageorge Thomas

Brown, R. Jansen Patterson Toy

Callahan Jelinek Pestka Van Woerkom

Cassis Johnson, Rick Phillips Vander Roest

Caul Johnson, Ruth Plakas Vander Veen

Clarke, H. Julian Pumford Vear

Dennis Koetje Quarles Voorhees

DeRossett Kolb Raczkowski Whitmer

DeVuyst Kooiman Richardville Williams

DeWeese Kowall Richner Wojno

Drolet Kuipers Rison Woodward

Ehardt LaSata Rivet Woronchak

Faunce Lemmons Rocca Zelenko

Frank

Nays--12

Bogardus Garza Lipsey Reeves

Clark, I. Hale McConico Stallworth

Daniels Hardman Minore Waters

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 1979 PA 94, entitled "An act to make appropriations to aid in the support of the public schools and the intermediate school districts of the state; to make appropriations for certain other purposes relating to education; to provide for the disbursement of the appropriations; to supplement the school aid fund by the levy and collection of certain taxes; to authorize the issuance of certain bonds and provide for the security of those bonds; to prescribe the powers and duties of certain state departments, the state board of education, and certain other boards and officials; to prescribe penalties; and to repeal acts and parts of acts," by amending sections 6, 8, 11, 11f, 11g, 18, 18d, 19, 20, 22a, 22b, 24, 26a, 31a, 31d, 32a, 32b, 32c, 32d, 32e, 32f, 32h, 37, 38, 39, 41, 51a, 51c, 53a, 54, 56, 57, 61a, 62, 67, 68, 74, 81, 94, 94a, 96, 98, 99, 101, 105, 107, 108, and 147 (MCL 388.1606, 388.1608, 388.1611, 388.1611f, 388.1611g, 388.1618, 388.1618d, 388.1619, 388.1620, 388.1622a, 388.1622b, 388.1624, 388.1626a, 388.1631a, 388.1631d, 388.1632a, 388.1632b, 388.1632c, 388.1632d, 388.1632e, 388.1632f, 388.1632h, 388.1637, 388.1638, 388.1639, 388.1641, 388.1651a, 388.1651c, 388.1653a, 388.1654, 388.1656, 388.1657, 388.1661a, 388.1662, 388.1667, 388.1668, 388.1674, 388.1681, 388.1694, 388.1694a, 388.1696, 388.1698, 388.1699, 388.1701, 388.1705, 388.1707, 388.1708, and 388.1747), sections 6, 11, 11f, 11g, 20, 22a, 22b, 24, 26a, 31a, 31d, 32a, 32b, 32c, 32d, 32e, 32f, 32h, 41, 51a, 51c, 53a, 54, 56, 57, 61a, 62, 67, 68, 74, 81, 94, 94a, 98, 99, 107, and 147 as amended and section 18d as added by 2001 PA 121, sections 8, 19, 37, 38, 39, 101, and 105 as amended and sections 96 and 108 as added by 2000 PA 297, and section 18 as amended by 1999 PA 119, and by adding sections 18e, 21, 22, 32i, 39a, 51d, 55, 92, 93, 94b, 94c, 94d, 99a, and 121a; and to repeal acts and parts of acts.

The motion prevailed.

The House agreed to the title as amended.

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

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

______

Reps. Lipsey, Hale, Hardman, Reeves, Waters, Clark, Daniels and Garza, having reserved the right to explain their protest against the passage of the bill, made the following statement:

"Mr. Speaker and members of the House:

I voted 'no' on SB 1107 because it removes funding for critical educational programs such as the Reading Program, Parental Involvement Grants, Summer School, Counseling Services, and Vocational Education Technical Centers. These programs typically target the neediest children and the impact of these cuts will be felt strongly by these children.

In addition, this budget removes the $15 million in funding for the Detroit Public School system, which was promised for each year that the appointed Detroit School Reform Board is in place. This is not just funding for Detroit but a way to save funding in the future for the rest of the state. We know that investments in early childhood education result in great savings. By investing in Detroit's schools and in addressing school readiness and reading programs at early ages, the state would save greatly in the future. Unfortunately, that funding was eliminated.

Further, when this budget was originally enacted two years ago, General Fund/General Purpose dollars were removed with the promise that the funds would be restored in FY 2003. This budget breaks that promise, and includes intent language that the funding be restored in FY 2004. If the leadership did not keep their promise this year, how do we know that they will pay attention to intent language next year?

Finally, if education is a priority in this state, then the funding for the critical programs listed above should be found in other budgets and shifted to keep these important programs moving forward."

Rep. Minore, 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 am casting a token NO vote on this bill in spite of the fact that it does much for Michigan schools and Michigan students . . . 'his year'. It is, however, a kind of shell game. We are playing with next year's dollars in order to make this election year budget look pretty good. The shoe will fall, however, next year. We are speeding up collection of taxes from next year in order to get through this election year. We are using several questionable sources of money in order to fill the needs this year--without addressing systemic problems. And, finally, we are ignoring some of the greatest needs of the students and schools systems while 'getting by' for this election year. We haven't addressed school infrastructure needs, special education funding, early childhood programs, and many other crying needs this year. We have insisted on keeping our promise of tax cuts, while edging out of our promise of full funding for education needs--especially for those students most in need. It's a good bill on the surface: but it is severely flawed below that glossy and--to some extent--false surface.My NO vote is, I realize, a token protest. In these days of term limits, this bill represents one of the greatest faults of the Legislature: do what you can today--while ignoring the long term needs and interests of the citizens of the state."

Rep. Bogardus, having reserved the right to explain her protest against the passage of the bill, made the following statement:

"Mr. Speaker and members of the House:

I oppose this budget because it is a series of broken promises. Early childhood programs are imperative for children at who face incredible barriers to learning. Such programs actually save the state money. A child who succeeds in school is much more likely to succeed in life and not end up in prison but this bill eliminates programs which would help them achieve their potential. It is unfortunate that this legislature and governor do not value every child equally. Some schools have over $5000.00 more per year to spend on each child than what is spent on a child in other districts. The programs eliminated were a small step toward lowering that inequity. This budget also relies on bookkeeping tricks which will leave subsequent administrations in a fiscal mess."

______

Rep. Jacobs moved that Reps. Plakas and Hale be excused temporarily from today's session.

The motion prevailed.

By unanimous consent the House returned to the order of

Messages from the Senate

The Speaker laid before the House

House Bill No. 5118, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending sections 502, 32503, and 33938 (MCL 324.502, 324.32503, and 324.33938), section 502 as amended by 1998 PA 114 and sections 32503 and 33938 as added by 1995 PA 59, and by adding sections 501a and 61505a.

(The bill was received from the Senate on February 13, with substitute (S-4), full title inserted and immediate effect given by the Senate, consideration of which, under the rules, was postponed until February 14, see House Journal No. 12, p. 221.)

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

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

Roll Call No. 306 Yeas--98

Adamini Gilbert McConico Schauer

Allen Godchaux Mead Schermesser

Anderson Gosselin Meyer Scranton

Basham Hager Middaugh Shackleton

Bernero Hansen Minore Sheltrown

Birkholz Hardman Mortimer Shulman

Bishop Hart Murphy Spade

Bogardus Howell Neumann Stallworth

Bovin Jacobs Newell Stamas

Brown, B. Jamnick O'Neil Stewart

Brown, R. Jansen Palmer Switalski

Callahan Jelinek Pappageorge Thomas

Cassis Johnson, Rick Patterson Toy

Caul Johnson, Ruth Pestka Van Woerkom

Clarke, H. Julian Phillips Vander Roest

Daniels Koetje Pumford Vander Veen

Dennis Kolb Quarles Voorhees

DeRossett Kooiman Raczkowski Waters

DeWeese Kowall Reeves Whitmer

Ehardt Kuipers Richardville Williams

Faunce LaSata Richner Wojno

Frank Lemmons Rison Woodward

Garza Lipsey Rivet Woronchak

George Lockwood Rocca Zelenko

Gieleghem Mans

Nays--8

Bisbee Brown, C. Drolet Tabor

Bradstreet DeVuyst Hummel Vear

In The Chair: Julian

The House agreed to the full title of the bill.

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

______

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

The motion prevailed.

The Speaker laid before the House

House Bill No. 5674, entitled

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

(The bill was received from the Senate on March 13, with substitute (S-1) and title amendment, consideration of which, under the rules, was postponed until March 14, see House Journal No. 24, p. 616.)

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

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

Roll Call No. 307 Yeas--55

Birkholz Gilbert Kowall Richner

Bisbee Godchaux Kuipers Rocca

Bishop Gosselin LaSata Scranton

Bradstreet Hager Mead Shulman

Brown, C. Hart Meyer Stewart

Cassis Howell Middaugh Tabor

Caul Hummel Mortimer Toy

DeRossett Jansen Newell Van Woerkom

DeVuyst Jelinek Palmer Vander Roest

DeWeese Johnson, Rick Pappageorge Vander Veen

Drolet Johnson, Ruth Patterson Vear

Ehardt Julian Pumford Voorhees

Faunce Koetje Raczkowski Woronchak

George Kooiman Richardville

Nays--52

Adamini Dennis Mans Shackleton

Allen Frank McConico Sheltrown

Anderson Garza Minore Spade

Basham Gieleghem Murphy Stallworth

Bernero Hale Neumann Stamas

Bogardus Hansen O'Neil Switalski

Bovin Hardman Pestka Thomas

Brown, B. Jacobs Phillips Waters

Brown, R. Jamnick Quarles Whitmer

Callahan Kolb Reeves Williams

Clark, I. Lemmons Rivet Wojno

Clarke, H. Lipsey Schauer Woodward

Daniels Lockwood Schermesser Zelenko

In The Chair: Julian

The House agreed to the title as amended.

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

______

Reps. Basham, Reeves, Clarke, Hale, Hardman, Bogardus, Callahan, Dennis, Adamini, Clark, Spade, Zelenko, Anderson, Phillips, Lemmons and Murphy, having reserved the right to explain their protest against the passage of the bill, made the following statement:

"Mr. Speaker and members of the House:

I voted no on the Senate Substitute to HB 5674 because of the piecemeal approach to the legislative process that was used to pass this bill through both Houses.

When this bill was first passed out of the House it affected two judges in one county. Language was added on the Senate floor that increased the scope of the bill significantly. Now, citizens in over a dozen Northern Michigan counties as well as the judges and courts in those counties will be affected. No public hearings or comment were ever held on these changes. Not one judge, nor the Supreme Court, the State Court Administrators Office or judges association has been given the opportunity to provide the legislature with input. Certainly, no citizens were allowed to voice their opinion of these changes either.

The bill is an attack on local control. By denying those affected by the legislation an opportunity to provide input, the bill is nothing more than the state, acting as big brother, once again telling local areas of the state what to do and how to do it.

It is for these reasons that I voted no on HB 5674 (S-1)."

Rep. Stamas, 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 am voting against House Bill 5674 because it will have a direct negative impact on the court structure for many communities in Northern Michigan. It will, in effect, allow judges that have not been elected by citizens of many counties, including Alcona, Alpena, Montmorency and Iosco Counties to convene both Circuit and District Courts in those areas. These changes in court boundaries will have a drastic negative fiscal impact on basic court operations for those services currently provided by the justice system in these areas. For these reasons I am voting against and voicing my strong opposition to House Bill 5674."

Second Reading of Bills

Senate Bill No. 930, entitled

A bill to amend 1931 PA 328, entitled "The Michigan penal code," (MCL 750.1 to 750.568) by adding chapter LXXXIII-A.

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 Justice,

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

Rep. McConico moved to amend the bill as follows:

1. Amend page 5, line 21, after "PERSON" by inserting a comma and "KNOWING THE REPORT IS FALSE".

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

Reps. Patterson, Faunce, Drolet and Woodward moved to amend the bill as follows:

1. Amend page 1, line 5, after "MEANS" by striking out the balance of the line through line 10 and inserting "A WILLFUL, DELIBERATE, AND PREMEDITATED ACT THAT IS ALL OF THE FOLLOWING:

(i) AN ACT THAT WOULD BE A VIOLENT FELONY UNDER THE LAWS OF THIS STATE, WHETHER OR NOT COMMITTED IN THIS STATE.

(ii) AN ACT THAT THE PERSON KNOWS OR HAS REASON TO KNOW IS DANGEROUS TO HUMAN LIFE.

(iii) AN ACT THAT IS INTENDED TO INTIMIDATE OR COERCE A CIVILIAN POPULATION OR INFLUENCE OR AFFECT THE CONDUCT OF GOVERNMENT OR A UNIT OF GOVERNMENT THROUGH INTIMIDATION OR COERCION.".

2. Amend page 2, line 2, after "INJURY" by inserting "OR THAT IS A VIOLATION OF SECTION 349 OR 350".

3. Amend page 2, line 3, by striking out all of subdivision (C) and relettering the remaining subdivisions.

4. Amend page 3, line 21, after "AGAINST" by striking out "A PERSON" and inserting "AN INDIVIDUAL".

5. Amend page 6, line 1, after "effect" by striking out "May 1" and inserting "April 22".

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

Rep. Callahan moved to amend the bill as follows:

1. Amend page 5, line 27, after "BOTH." by inserting "FIVE YEARS AFTER THE ENACTMENT DATE OF THIS CHAPTER, THE ATTORNEY GENERAL'S OFFICE SHALL PROVIDE A REPORT TO THE APPROPRIATE STANDING COMMITTEES OF THE LEGISLATURE ON NATIONAL STATISTICS OF PROSECUTIONS AND CONVICTIONS UNDER STATE TERRORIST STATUTES AS WELL AS ANY RECOMMENDATIONS FOR LEGISLATIVE CHANGES.".

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

Rep. Callahan demanded the yeas and nays.

The demand was supported.

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

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

Roll Call No. 308 Yeas--49

Adamini Frank Mans Schermesser

Anderson Garza McConico Sheltrown

Basham Gieleghem Minore Spade

Bernero Hale Murphy Stallworth

Bogardus Hansen Neumann Switalski

Bovin Hardman O'Neil Thomas

Brown, B. Jacobs Pestka Waters

Brown, R. Jamnick Phillips Whitmer

Callahan Kolb Quarles Williams

Clark, I. Lemmons Reeves Wojno

Clarke, H. Lipsey Rivet Woodward

Daniels Lockwood Schauer Zelenko

Dennis

Nays--58

George Kowall

In The Chair: Julian

______

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

The motion prevailed.

Reps. Kolb and Thomas moved to amend the bill as follows:

1. Amend page 6, following line 2, by inserting:

"Enacting section 2. Sections 543a to 543z of the Michigan penal code, 1931 PA 328, MCL 750.543a to 750.543z, are repealed effective May 1, 2005." and renumbering the remaining enacting section.

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

Reps. Kolb and Thomas moved to amend the bill as follows:

1. Amend page 6, following line 2, by inserting:

"Enacting section 2. Sections 543a to 543z of the Michigan penal code, 1931 PA 328, MCL 750.543a to 750.543z, are repealed effective May 1, 2004." and renumbering the remaining enacting section.

The question being on the adoption of the amendment offered by Reps. Kolb and Thomas,

Rep. Faunce demanded the yeas and nays.

The demand was supported.

The question being on the adoption of the amendment offered by Reps. Kolb and Thomas,

The amendment was adopted, a majority of the members serving voting therefor, by yeas and nays, as follows:

Roll Call No. 309 Yeas--75

Adamini Ehardt Kuipers Rocca

Allen Frank LaSata Schauer

Anderson Garza Lemmons Schermesser

Basham Gieleghem Lipsey Stallworth

Bernero Godchaux Lockwood Stewart

Birkholz Gosselin McConico Switalski

Bogardus Hager Middaugh Thomas

Bovin Hale Minore Van Woerkom

Bradstreet Hansen Mortimer Vander Roest

Brown, B. Hardman Murphy Vear

Brown, C. Hart O'Neil Voorhees

Brown, R. Jacobs Palmer Waters

Callahan Jamnick Patterson Whitmer

Clark, I. Jansen Pestka Williams

Clarke, H. Jelinek Phillips Wojno

Daniels Johnson, Ruth Quarles Woodward

Dennis Julian Raczkowski Woronchak

DeWeese Kolb Reeves Zelenko

Drolet Kowall Rivet

Nays--28

Bishop Gilbert Mead Sheltrown

Cassis Howell Meyer Shulman

Caul Hummel Neumann Spade

DeRossett Johnson, Rick Newell Stamas

DeVuyst Koetje Pappageorge Tabor

Faunce Kooiman Richardville Toy

George Mans Shackleton Vander Veen

In The Chair: Julian

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

The motion prevailed.

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

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

By unanimous consent the House returned to the order of

Third Reading of Bills

Senate Bill No. 930, entitled

A bill to amend 1931 PA 328, entitled "The Michigan penal code," (MCL 750.1 to 750.568) by adding chapter LXXXIII-A.

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

Roll Call No. 310 Yeas--106

Adamini Frank Lemmons Rocca

Allen Garza Lipsey Schauer

Anderson George Lockwood Schermesser

Basham Gieleghem Mans Shackleton

Bernero Gilbert McConico Sheltrown

Birkholz Godchaux Mead Shulman

Bisbee Gosselin Meyer Spade

Bishop Hager Middaugh Stallworth

Bogardus Hale Minore Stamas

Bovin Hansen Mortimer 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

Daniels Johnson, Ruth Pumford Waters

Dennis Julian Quarles Whitmer

DeRossett Koetje Raczkowski Williams

DeVuyst Kolb Reeves Wojno

DeWeese Kooiman Richardville Woodward

Drolet Kowall Richner Woronchak

Ehardt Kuipers Rivet Zelenko

Faunce LaSata

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 1931 PA 328, entitled "An act to revise, consolidate, codify and add to the statutes relating to crimes; to define crimes and prescribe the penalties therefor; to provide for restitution under certain circumstances; to provide for the competency of evidence at the trial of persons accused of crime; to provide immunity from prosecution for certain witnesses appearing at such trials; and to repeal certain acts and parts of acts inconsistent with or contravening any of the provisions of this act," (MCL 750.1 to 750.568) by adding chapter LXXXIII-A; and to repeal acts and parts of acts.

The motion prevailed.

The House agreed to the title as amended.

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

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

______

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

The motion prevailed.

Rep. Patterson moved that when the House adjourns today it stand adjourned until Wednesday, March 20, at 12:00 Noon.

The motion prevailed.

By unanimous consent the House returned to the order of

Motions and Resolutions

Reps. Shulman, Thomas, DeRossett, DeWeese, Vander Roest, Neumann, Julian, Howell, Ehardt, Pappageorge, Mead, Spade, McConico, Bovin, Wojno, Schauer, Richardville, Schermesser, Tabor, Caul, Faunce, Meyer, Van Woerkom, Cassis, Bogardus, Gosselin, Vander Veen, Drolet, Woodward, Zelenko, Toy, Hansen, Mans, Gieleghem, Murphy, Bernero, Anderson, Callahan, Jacobs, Koetje, Ruth Johnson, Scranton, Raczkowski, Switalski, and Adamini offered the following resolution:

House Resolution No. 370.

A resolution recognizing May 12th as International Fibromyalgia Awareness Day.

Whereas, Fibromyalgia is a chronic and debilitating pain condition that affects men, women, and children of all ages and ethnic backgrounds worldwide. The number of people who suffer from this disease is now estimated at 10 million in the United States alone; and

Whereas A patient with Fibromyalgia lives with a variety of symptoms. These symptoms include unrelenting fatigue, an inability to achieve restful restorative sleep, severe pain that often doesn't respond to traditional treatments, and problems with cognitive functioning, memory and concentration that limit the ability to think clearly. Other symptoms include irritable bowels, headaches and migraines, and neurological symptoms such as dizziness, vision problems, numbness, noise sensitivity, and impaired coordination; and

Whereas, Currently the cause of Fibromyalgia is still unknown and there is no cure. Existing treatments are limited and severe symptoms can interfere with even basic daily activities. The toll that this illness takes on families, as well as the national economy, is enormous; and

Whereas, Many doctors are inadequately educated about this mysterious and complex disease and it takes an average of five years for a person to get a diagnosis of Fibromyalgia. If a cause and cure are to be found, more vigorous attention from government and medical communities is essential. The Social Security Administration must also recognize this illness and the level of debilitation that often results; now, therefore, be it

Resolved by the House of Representatives, That the members of this legislative body recognize May 12th as International Fibromyalgia Awareness Day; and further be it

Resolved, That a copy of this resolution is sent to the Michigan Congressional Delegation.

Pending the reference of the resolution to a committee,

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

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

The question being on the adoption of the resolution,

The resolution was adopted.

Reps. Hale, Thomas, DeRossett, DeWeese, Vander Roest, Neumann, Julian, Howell, Ehardt, Pappageorge, Mead, Spade, McConico, Bovin, Wojno, Shulman, Rivet, Lipsey, Schauer, Richardville, Schermesser, Caul, Faunce, Van Woerkom, Cassis, Bogardus, Vander Veen, Drolet, Frank, Sheltrown, Woodward, Zelenko, Toy, Hansen, Gieleghem, Murphy, Dennis, Bernero, Anderson, Callahan, Jacobs, Scranton, Clark, Plakas, Raczkowski, Switalski and Adamini offered the following resolution:

House Resolution No. 371.

A resolution honoring the Michigan Association of Business Professionals of America for 30 years of outstanding service to secondary and post-secondary students throughout the state.

We are met in a spirit of friendship and goodwill as we prepare for productive lives in business and office careers. We work together to develop professionalism and leadership through Business Professionals of America and pledge our loyalty to our nation.

Whereas, It is with deep appreciation of the significance of this milestone that we commend the Michigan Association of Business Professionals of America as they mark their 30th anniversary. We are proud to recognize the important role that this secondary and post-secondary student organization has played in contributing to the youth of Michigan; and

Whereas, Since 1972, the Michigan Association of Business Professionals of America has grown to include more than 130 chapters, throughout the eight regions in Michigan, comprised of more than 4,700 members. Their mission is to empower the Michigan Association of Business Professionals of America students to succeed in a world-class workforce through the development of leadership, academic, and technological skills; and

Whereas, In looking back over the 30 years of the Michigan Association of Business Professionals of America's history, it is clear that this organization has set its course with a continuing look to the future, while the changes in business technology education continue to evolve. We are grateful for all that the Michigan Association of Business Professionals of American has contributed to the students throughout the state of Michigan; and

Whereas, In addition to competitions, which take place on the regional, state, and national levels, members are involved in numerous leadership and community service projects on the local and state level. Each year, many members participate in the Torch Awards Program, a program that promotes leadership skills, community service, and civic awareness. The Michigan Association of Business Professionals of America has adopted the American Red Cross as its state service organization and the Special Olympics as its national service organization; now, therefore, be it

Resolved by the House of Representatives, That the members of this legislative body honor the Michigan Association of Business Professionals of America for 30 years of outstanding service to secondary and post-secondary students throughout the state. We salute them on this happy occasion and wish them continued success in the years to come; and be it further

Resolved, That a copy of this resolution be transmitted to the Michigan Association of Business Professionals of America as a token of our esteem.

Pending the reference of the resolution to a committee,

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

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

The question being on the adoption of the resolution,

The resolution was adopted.

Reps. Thomas, DeRossett, DeWeese, Vander Roest, Neumann, Howell, Ehardt, Pappageorge, Mead, Spade, McConico, Bovin, Wojno, Shulman, Rivet, Lipsey, Schauer, Richardville, Schermesser, Caul, Cassis, Bogardus, Vander Veen, Drolet, Frank, Sheltrown, Woodward, Zelenko, Toy, Hansen, Gieleghem, Murphy, Dennis, Bernero, Anderson, Callahan, Jacobs, Scranton, Clark, Raczkowski, Switalski and Adamini offered the following resolution:

House Resolution No. 372.

A resolution honoring Bernard Kilpatrick upon the occasion of his retirement.

Whereas, It is with deep appreciation for the hard work, dedication, and professionalism that Bernard Kilpatrick has put forth on behalf of the people of Detroit and Wayne County that we offer this expression of our thanks and best wishes in retirement. As the people of Detroit and Wayne County recognize the loyalty and devotion to public service of this conscientious individual, we add our sentiments of gratitude for a job well done; and

Whereas, In his years of service to the people of Detroit and Wayne County, Bernard Kilpatrick has been working in the public arena during an era of great change. As Bernard Kilpatrick well knows, financial pressures and changing expectations have combined to make the recent past a challenging time to work in local government. With the personal sense of duty that Bernard Kilpatrick brings to work each day, he has been able to meet this challenge with enthusiasm and a genuine interest in efficiency in public service. This has been deeply appreciated, both by the citizens and organizations in Detroit that have benefited directly from Bernard Kilpatrick's work, as well as other public servants who have witnessed this fine example; and

Whereas, Bernard Kilpatrick has been married for sixteen years to Bettye Johnson Kilpatrick. He is the proud father of Kwame, Ayanna, Diarra, and Ajene. Two sets of twin grandsons, Jalil and Jelani, and Ade and Amir give their granddad constant delight, as does the newest member of the Kilpatrick family, Jonas Isaiah, who made his entrance into the world in December of 2001. One of the most memorable days of Bernard Kilpatrick's life occurred in November of 2001, when his son, Kwame, was resoundingly elected as the 60th Mayor of the city of Detroit; and

Whereas, There can be little doubt that his years of service to this community and his commitment to Detroit and Wayne County have guaranteed him a place in the hearts of the citizens of his city and county. Benard Kilpatrick will be long remembered for his creative and unique style of building bridges, effecting positive legislative changes, exemplifying true commitment, and his dedication to Detroit and Wayne County. We offer our thanks on this personal milestone; now, therefore, be it

Resolved by the House of Representatives, That the members of this legislative body honor Bernard Kilpatrick upon the occasion of his retirement. May he enjoy the happiest of retirements; and be it further

Resolved, That a copy of this resolution be transmitted to Bernard Kilpatrick as a token of our esteem.

Pending the reference of the resolution to a committee,

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

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

The question being on the adoption of the resolution,

The resolution was adopted.

Reps. Thomas, DeRossett, DeWeese, Vander Roest, Neumann, Howell, Ehardt, Pappageorge, Mead, Spade, McConico, Bovin, Wojno, Shulman, Rivet, Lipsey, Schauer, Richardville, Schermesser, Caul, Faunce, Cassis, Bogardus, Vander Veen, Drolet, Frank, Sheltrown, Woodward, Zelenko, Toy, Hansen, Gieleghem, Murphy, Dennis, Bernero, Anderson, Jacobs, Clark, Plakas, Raczkowski, Switalski and Adamini offered the following resolution:

House Resolution No. 373.

A resolution honoring William Leon Johnson upon the occasion of his 90th birthday.

Whereas, It is a genuine pleasure to extend special greetings to William Leon Johnson upon the occasion of his 90th birthday. We are grateful for this opportunity to join with the family and many friends of William Leon Johnson as we honor an individual who truly understands the beauty of life in its challenges and triumphs; and

Whereas, Born on February 14, 1912, William Leon Johnson grew up in a world quite different in many ways from the one we know today. In the span of his lifetime, tremendous cultural, sociological, and technological changes have transpired in Michigan and elsewhere. William Leon Johnson has lived and tasted of life throughout this period and it has given him insight, experience, and wisdom few of us can fully appreciate; and

Whereas, Long ago, Charles Dickens made an observation on aging that often seems applicable to people like William Leon Johnson, who have contributed a great deal to life around them. Charles Dickens said, "Father Time is not always a hard parent, and, though he tarries for none of his children, he often lays his hand lightly on those who have used him well." Surely, William Leon Johnson breathes great meaning into this thought; now, therefore, be it

Resolved by the House of Representatives, That the members of this legislative body honor William Leon Johnson upon the occasion of his 90th birthday. May the health and happiness his years so richly merit be with him always; and be it further

Resolved, That a copy of this resolution be transmitted to William Leon Johnson as a token of our esteem.

Pending the reference of the resolution to a committee,

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

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

The question being on the adoption of the resolution,

The resolution was adopted.

Reports of Standing Committees

The Committee on Health Policy, by Rep. Ehardt, Chair, reported

House Bill No. 5103, entitled

A bill to amend 1978 PA 368, entitled "Public health code," by amending sections 16105, 16106, 16108, 16109, 16128, 16163, 16174, 16186, 16261, 16323, 16327, 16608, 16624, 17210, and 17221 (MCL 333.16105, 333.16106, 333.16108, 333.16109, 333.16128, 333.16163, 333.16174, 333.16186, 333.16261, 333.16323, 333.16327, 333.16608, 333.16624, 333.17210, and 333.17221), section 16106 as amended by 1997 PA 153, sections 16108 and 16186 as amended and sections 16323 and 16327 as added by 1993 PA 80, section 16109 as amended by 1991 PA 58, section 16174 as amended by 1998 PA 227, sections 16608 and 16624 as amended by 1990 PA 216, and section 17221 as amended by 1993 PA 79.

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

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

Favorable Roll Call

HB 5103 To Report Out:

Yeas: Reps. Ehardt, Raczkowski, Bradstreet, George, Ruth Johnson, Rocca, Scranton, Vander Veen, Neumann, Adamini, Schauer,

Nays: None.

COMMITTEE ATTENDANCE REPORT

The following report, submitted by Rep. Ehardt, Chair of the Committee on Health Policy, was received and read:

Meeting held on: Tuesday, March 19, 2002, at 9:00 a.m.,

Present: Reps. Ehardt, Raczkowski, Bradstreet, George, Ruth Johnson, Rocca, Scranton, Vander Veen, Neumann, Adamini, Schauer,

Absent: Reps. Woronchak, Garza, Hardman, Williams,

Excused: Reps. Woronchak, Garza, Hardman, Williams.

The Committee on Criminal Justice, by Rep. Faunce, Chair, reported

House Bill No. 5296, entitled

A bill to amend 1931 PA 328, entitled "The Michigan penal code," by amending section 145c (MCL 750.145c), as amended by 1994 PA 444.

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

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

Favorable Roll Call

HB 5296 To Report Out:

Yeas: Reps. Faunce, Kowall, Bishop, DeWeese, George, Gosselin, Raczkowski, McConico, Callahan, O'Neil, Rison,

Nays: None.

The Committee on Criminal Justice, by Rep. Faunce, Chair, reported

House Bill No. 5297, entitled

A bill to amend 1927 PA 175, entitled "The code of criminal procedure," by amending section 16g of chapter XVII (MCL 777.16g), as amended by 2000 PA 279.

With the recommendation that the following amendment be adopted and that the bill then pass.

1. Amend page 3, following line 24, by inserting:

"Enacting section 1. This amendatory act takes effect July 1, 2002." and renumbering the remaining enacting section.

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

Favorable Roll Call

HB 5297 To Report Out:

Yeas: Reps. Faunce, Kowall, Bishop, DeWeese, George, Gosselin, Raczkowski, McConico, Callahan, O'Neil, Rison,

Nays: None.

The Committee on Criminal Justice, by Rep. Faunce, Chair, reported

Senate Bill No. 1026, entitled

A bill to amend 1931 PA 328, entitled "The Michigan penal code," by repealing section 502 (MCL 750.502).

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 1026 To Report Out:

Yeas: Reps. Faunce, Kowall, Bishop, DeWeese, George, Gosselin, Raczkowski, Callahan, O'Neil, Rison,

Nays: None.

The Committee on Criminal Justice, by Rep. Faunce, Chair, reported

Senate Bill No. 1027, entitled

A bill to amend 1931 PA 328, entitled "The Michigan penal code," by repealing section 41 (MCL 750.41).

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 1027 To Report Out:

Yeas: Reps. Faunce, Kowall, Bishop, DeWeese, George, Gosselin, Raczkowski, Callahan, O'Neil, Rison,

Nays: None.

The Committee on Criminal Justice, by Rep. Faunce, Chair, reported

Senate Bill No. 1032, entitled

A bill to amend 1931 PA 328, entitled "The Michigan penal code," by repealing section 409 (MCL 750.409).

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 1032 To Report Out:

Yeas: Reps. Faunce, Kowall, Bishop, DeWeese, George, Gosselin, Raczkowski, Callahan, O'Neil, Rison,

Nays: None.

The Committee on Criminal Justice, by Rep. Faunce, Chair, reported

Senate Bill No. 1034, entitled

A bill to amend 1931 PA 328, entitled "The Michigan penal code," by repealing section 348 (MCL 750.348).

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 1034 To Report Out:

Yeas: Reps. Faunce, Kowall, Bishop, DeWeese, George, Gosselin, Raczkowski, Callahan, O'Neil, Rison,

Nays: None.

The Committee on Criminal Justice, by Rep. Faunce, Chair, reported

Senate Bill No. 1035, entitled

A bill to amend 1927 PA 175, entitled "The code of criminal procedure," by amending section 16q of chapter XVII (MCL 777.16q), as added by 1998 PA 317.

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 1035 To Report Out:

Yeas: Reps. Faunce, Kowall, Bishop, DeWeese, George, Gosselin, Raczkowski, Callahan, O'Neil, Rison,

Nays: None.

The Committee on Criminal Justice, by Rep. Faunce, Chair, reported

Senate Bill No. 1037, entitled

A bill to amend 1931 PA 328, entitled "The Michigan penal code," by repealing section 494 (MCL 750.494).

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 1037 To Report Out:

Yeas: Reps. Faunce, Kowall, Bishop, DeWeese, George, Raczkowski, Callahan, O'Neil, Rison,

Nays: None.

The Committee on Criminal Justice, by Rep. Faunce, Chair, reported

Senate Bill No. 1038, entitled

A bill to amend 1931 PA 328, entitled "The Michigan penal code," by repealing section 517 (MCL 750.517).

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 1038 To Report Out:

Yeas: Reps. Faunce, Kowall, Bishop, DeWeese, George, Raczkowski, Callahan, O'Neil, Rison,

Nays: None.

The Committee on Criminal Justice, by Rep. Faunce, Chair, reported

Senate Bill No. 1039, entitled

A bill to amend 1931 PA 328, entitled "The Michigan penal code," by repealing section 516 (MCL 750.516).

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 1039 To Report Out:

Yeas: Reps. Faunce, Kowall, Bishop, DeWeese, George, Raczkowski, O'Neil, Rison,

Nays: None.

The Committee on Criminal Justice, by Rep. Faunce, Chair, reported

Senate Bill No. 1040, entitled

A bill to amend 1931 PA 328, entitled "The Michigan penal code," by repealing section 514 (MCL 750.514).

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 1040 To Report Out:

Yeas: Reps. Faunce, Kowall, Bishop, DeWeese, George, Raczkowski, O'Neil, Rison,

Nays: None.

The Committee on Criminal Justice, by Rep. Faunce, Chair, reported

Senate Bill No. 1042, entitled

A bill to amend 1931 PA 328, entitled "The Michigan penal code," by repealing section 513 (MCL 750.513).

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 1042 To Report Out:

Yeas: Reps. Faunce, Kowall, Bishop, DeWeese, George, Raczkowski, Callahan, O'Neil, Rison,

Nays: None.

The Committee on Criminal Justice, by Rep. Faunce, Chair, reported

Senate Bill No. 1043, entitled

A bill to amend 1927 PA 175, entitled "The code of criminal procedure," by amending section 16x of chapter XVII (MCL 777.16x), as amended by 2000 PA 473.

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 1043 To Report Out:

Yeas: Reps. Faunce, Kowall, Bishop, DeWeese, George, Gosselin, Raczkowski, Callahan, O'Neil, Rison,

Nays: None.

The Committee on Criminal Justice, by Rep. Faunce, Chair, reported

Senate Bill No. 1044, entitled

A bill to amend 1931 PA 328, entitled "The Michigan penal code," by repealing section 179 (MCL 750.179).

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 1044 To Report Out:

Yeas: Reps. Faunce, Kowall, Bishop, DeWeese, George, Gosselin, Raczkowski, Callahan, O'Neil, Rison,

Nays: None.

The Committee on Criminal Justice, by Rep. Faunce, Chair, reported

Senate Bill No. 1045, entitled

A bill to amend 1927 PA 175, entitled "The code of criminal procedure," by amending section 16i of chapter XVII (MCL 777.16i), as amended by 2000 PA 279.

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 1045 To Report Out:

Yeas: Reps. Faunce, Kowall, Bishop, DeWeese, George, Gosselin, Raczkowski, Callahan, O'Neil, Rison,

Nays: None.

The Committee on Criminal Justice, by Rep. Faunce, Chair, reported

Senate Bill No. 1046, entitled

A bill to amend 1931 PA 328, entitled "The Michigan penal code," by repealing section 366 (MCL 750.366).

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 1046 To Report Out:

Yeas: Reps. Faunce, Kowall, DeWeese, George, Gosselin, Raczkowski, Callahan, O'Neil, Rison,

Nays: None.

The Committee on Criminal Justice, by Rep. Faunce, Chair, reported

Senate Bill No. 1047, entitled

A bill to amend 1927 PA 175, entitled "The code of criminal procedure," by amending section 16r of chapter XVII (MCL 777.16r), as amended by 2000 PA 279.

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 1047 To Report Out:

Yeas: Reps. Faunce, Kowall, Bishop, DeWeese, George, Gosselin, Raczkowski, Callahan, O'Neil, Rison,

Nays: None.

The Committee on Criminal Justice, by Rep. Faunce, Chair, reported

Senate Bill No. 1048, entitled

A bill to amend 1931 PA 328, entitled "The Michigan penal code," by repealing section 266 (MCL 750.266).

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 1048 To Report Out:

Yeas: Reps. Faunce, Kowall, Bishop, DeWeese, George, Gosselin, Raczkowski, Callahan, O'Neil, Rison,

Nays: None.

The Committee on Criminal Justice, by Rep. Faunce, Chair, reported

Senate Bill No. 1049, entitled

A bill to amend 1927 PA 175, entitled "The code of criminal procedure," by amending section 16n of chapter XVII (MCL 777.16n), as added by 1998 PA 317.

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 1049 To Report Out:

Yeas: Reps. Faunce, Kowall, Bishop, DeWeese, George, Gosselin, Raczkowski, Callahan, O'Neil, Rison,

Nays: None.

COMMITTEE ATTENDANCE REPORT

The following report, submitted by Rep. Faunce, Chair of the Committee on Criminal Justice, was received and read:

Meeting held on: Tuesday, March 19, 2002, at 10:30 a.m.,

Present: Reps. Faunce, Kowall, Bishop, DeWeese, George, Gosselin, Raczkowski, McConico, Callahan, O'Neil, Rison.

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Tuesday, March 19, 2002, at 9:00 a.m.,

Present: Reps. Allen, Bishop, Bisbee, DeVuyst, Gilbert, Koetje, Middaugh, Van Woerkom, Vear, Rivet, Kolb, Lemmons, Lipsey, McConico, Waters,

Absent: Reps. Howell, Zelenko,

Excused: Reps. Howell, Zelenko.

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Tuesday, March 19, 2002, at 10:15 a.m.,

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

COMMITTEE ATTENDANCE REPORT

The following report, submitted by Rep. Voorhees, Chair of the Committee on Senior Health, Security and Retirement, was received and read:

Meeting held on: Tuesday, March 19, 2002, at 10:30 a.m.,

Present: Reps. Voorhees, Woronchak, Cassis, Kuipers, Vear, Williams, Bovin, Spade,

Absent: Rep. Zelenko,

Excused: Rep. Zelenko.

Messages from the Senate

Senate Bill No. 1105, entitled

A bill to make appropriations for the state institutions of higher education and certain state purposes related to education for the fiscal year ending September 30, 2003; to provide for the expenditures of those appropriations; and to prescribe the powers and duties of certain state departments, institutions, agencies, employees, and officers.

The Senate has amended the House substitute (H-1) as follows:

1. Amend page 9, line 23, by striking out all of section 217.

2. Amend page 19, line 1, by striking out all of section 312 and inserting:

"Sec. 312. From the funds appropriated in part 1 and as provided by law, the Michigan higher education assistance authority shall establish and administer the nursing scholarship program.".

3. Amend page 20, line 10, by striking out all of subsection (2) and renumbering the remaining subsections.

The Senate has concurred in the House substitute (H-1) as amended and ordered that the bill be given immediate effect.

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

Rep. DeWeese moved that the House adjourn.

The motion prevailed, the time being 7:00 p.m.

Associate Speaker Pro Tempore Julian declared the House adjourned until Wednesday, March 20, at 12:00 Noon.

GARY L. RANDALL

Clerk of the House of Representatives.

Adamini	Garza	Lipsey	Rocca
Allen	George	Lockwood	Schauer
Anderson	Gieleghem	Mans	Schermesser
Basham	Gilbert	McConico	Scranton
Bernero	Godchaux	Mead	Shackleton
Birkholz	Gosselin	Meyer	Sheltrown
Bisbee	Hager	Middaugh	Shulman
Bishop	Hale	Minore	Spade
Bogardus	Hansen	Mortimer	Stallworth
Bovin	Hardman	Murphy	Stamas
Bradstreet	Hart	Neumann	Stewart
Brown, B.	Howell	Newell	Switalski
Brown, C.	Hummel	O'Neil	Tabor
Brown, R.	Jacobs	Palmer	Thomas
Callahan	Jamnick	Pappageorge	Toy
Cassis	Jansen	Patterson	Van Woerkom
Caul	Jelinek	Pestka	Vander Roest
Clark, I.	Johnson, Rick	Phillips	Vander Veen
Clarke, H.	Johnson, Ruth	Plakas	Voorhees
Daniels	Julian	Pumford	Waters
Dennis	Koetje	Quarles	Whitmer
DeRossett	Kolb	Raczkowski	Williams
DeVuyst	Kooiman	Reeves	Wojno
DeWeese	Kowall	Richardville	Woodward
Ehardt	Kuipers	Richner	Woronchak
Faunce	LaSata	Rison	Zelenko

Adamini	Frank	Lemmons	Rocca
Allen	Garza	Lipsey	Schauer
Anderson	George	Lockwood	Schermesser
Basham	Gieleghem	Mans	Shackleton
Bernero	Gilbert	McConico	Sheltrown
Birkholz	Godchaux	Mead	Shulman
Bisbee	Gosselin	Meyer	Spade
Bishop	Hager	Middaugh	Stallworth
Bogardus	Hale	Minore	Stamas
Bovin	Hansen	Mortimer	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
Daniels	Johnson, Ruth	Pumford	Waters
Dennis	Julian	Quarles	Whitmer
DeRossett	Koetje	Raczkowski	Williams
DeVuyst	Kolb	Reeves	Wojno
DeWeese	Kooiman	Richardville	Woodward
Drolet	Kowall	Richner	Woronchak
Ehardt	Kuipers	Rivet	Zelenko