No. 21

STATE OF MICHIGAN

JOURNAL

OF THE

House of Representatives

91st Legislature


REGULAR SESSION OF 2001


House Chamber, Lansing, Thursday, March 15, 2001.

 

12:00 Noon.

 

The House was called to order by the Speaker Pro Tempore.

 

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--excused

Cassis--present

Caul--present

Clark--present

Clarke--present

Daniels--excused

Dennis--present

DeRossett--present

DeVuyst--present

DeWeese--present

Ehardt--present

Faunce--present

Frank--present

Garcia--present

Garza--present

George--present

Gieleghem--excused

Gilbert--present

Godchaux--present

Gosselin--present

Hager--present

Hale--present

Hansen--present

Hardman--present

Hart--present

Howell--present

Jacobs--present

Jamnick--present

Jansen--present

Jelinek--present

Johnson, Rick--present

Johnson, Ruth--present

Julian--present

Kilpatrick--present

Koetje--present

Kolb--present

Kooiman--present

Kowall--present

Kuipers--present

LaSata--present

Lemmons--present

Lipsey--present

Lockwood--present

Mans--present

McConico--present

Mead--present

Meyer--present

Middaugh--present

Minore--present

Mortimer--present

Murphy--present

Neumann--present

Newell--present

O'Neil--present

Pappageorge--present

Patterson--present

Pestka--present

Phillips--present

Plakas--present

Pumford--present

Quarles--present

Raczkowski--present

Reeves--present

Richardville--present

Richner--present

Rison--excused

Rivet--present

Rocca--present

Sanborn--present

Schauer--present

Schermesser--present

Scranton--present

Shackleton--present

Sheltrown--present

Shulman--present

Spade--present

Stallworth--present

Stamas--present

Stewart--present

Switalski--present

Tabor--present

Thomas--excused

Toy--present

Vander Roest--present

Vander Veen--present

Van Woerkom--present

Vear--present

Voorhees--present

Waters--present

Whitmer--present

Williams--present

Wojno--present

Woodward--present

Woronchak--present

Zelenko--present

 

 

 

e/d/s = entered during session

Rev. Greg Heukelon, Pastor of the Calvary Reformed Church in Mattawan, offered the following invocation:

 

"Father God, as we look at our great state we realize that You are a God of creativity. From the heights of the Porcupine and Huron Mountains, to the quiet yet raging Whitefish Bay, we see Your creative work in the many islands that dot our great lakes and our vast forest lands which are home to a number of wildlife. Lord, we strive to be just stewards of the natural resources that You have entrusted to us. Father, as varied as our land, so are we as people. From the rural to the suburban, small town to major city, our daily lives are vastly different and yet we are the same. We love, we hurt, we share, we work. O Lord, for those many men and women in our state who are struggling with economic slowdown or the loss of jobs, we ask You to grant to them strength. For others who are prospering, may we learn to share our wealth with those less fortunate and to give to all the ability to take pride in their work. Father today, I ask, I beseech You, to bless this body. May they know that the work that they do is not for themselves, but for the people, and ultimately their work is for You. May the differences be set aside and a spirit of unity prevail for the betterment of our state. In Christ's name we pray. Amen."

 

______

 

 

Rep. Jacobs moved that Reps. Daniels, Gieleghem, Rison and Thomas be excused from today's session.

The motion prevailed.

 

 

Third Reading of Bills

 

 

House Bill No. 4384, entitled

A bill to amend 1976 PA 451, entitled "The revised school code," by amending section 622 (MCL 380.622), as amended by 1997 PA 47.

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

 

 

Roll Call No. 18 Yeas--101

 

 
AdaminiGeorgeLipseyRocca
AllenGilbertLockwoodSanborn
AndersonGodchauxMansSchauer
BashamGosselinMcConicoSchermesser
BerneroHagerMeadScranton
BirkholzHaleMeyerShackleton
BisbeeHansenMiddaughSheltrown
BishopHardmanMinoreSpade
BogardusHartMortimerStallworth
BovinHowellMurphyStamas
BradstreetJacobsNeumannStewart
Brown, B.JamnickNewellSwitalski
Brown, C.JansenO'NeilToy
Brown, R.JelinekPappageorgeVan Woerkom
CassisJohnson, RickPattersonVander Roest
CaulJohnson, RuthPestkaVander Veen
Clark, I.JulianPhillipsVear
Clarke, H.KilpatrickPlakasVoorhees
DennisKoetjePumfordWaters
DeRossettKolbQuarlesWhitmer
DeVuystKooimanRaczkowskiWilliams
DeWeeseKowallReevesWojno
EhardtKuipersRichardvilleWoodward
FaunceLaSataRichnerWoronchak
FrankLemmonsRivetZelenko

Garza

 

 

Nays--0

 

 

In The Chair: Birkholz

The House agreed to the title of the bill.

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

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

 

 

House Bill No. 4429, entitled

A bill to amend 1976 PA 451, entitled "The revised school code," by amending section 1201 (MCL 380.1201).

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

 

 

Roll Call No. 19 Yeas--104

 

 
AdaminiGarzaLipseySanborn
AllenGeorgeLockwoodSchauer
AndersonGilbertMansSchermesser
BashamGodchauxMcConicoScranton
BerneroGosselinMeadShackleton
BirkholzHagerMeyerSheltrown
BisbeeHaleMiddaughShulman
BishopHansenMinoreSpade
BogardusHardmanMortimerStallworth
BovinHartMurphyStamas
BradstreetHowellNeumannStewart
Brown, B.JacobsNewellSwitalski
Brown, C.JamnickO'NeilTabor
Brown, R.JansenPappageorgeToy
CassisJelinekPattersonVan Woerkom
CaulJohnson, RickPestkaVander Roest
Clark, I.Johnson, RuthPhillipsVander Veen
Clarke, H.JulianPlakasVear
DennisKilpatrickPumfordVoorhees
DeRossettKoetjeQuarlesWaters
DeVuystKolbRaczkowskiWhitmer
DeWeeseKooimanReevesWilliams
EhardtKowallRichardvilleWojno
FaunceKuipersRichnerWoodward
FrankLaSataRivetWoronchak
GarciaLemmonsRoccaZelenko

 

 

Nays--0

 

 

In The Chair: Birkholz

 

 

The House agreed to the title of the bill.

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

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

 

 

House Bill No. 4222, entitled

A bill to amend 1905 PA 282, entitled "An act to provide for the assessment of the property, by whomsoever owned, operated or conducted, of railroad companies, union station and depot companies, telegraph companies, telephone companies, sleeping car companies, express companies, car loaning companies, stock car companies, refrigerator car companies, and fast freight companies, and all other companies owning, leasing, running or operating any freight, stock, refrigerator, or any other cars, not being exclusively the property of any railroad company paying taxes upon its rolling stock under the provisions of this act, over or upon the line or lines of any railroad or railroads in this state, and for the levy of taxes thereon by a state board of assessors, and for the collection of such taxes, and to repeal all acts or parts of acts contravening any of the provisions of this act," by amending sections 12 and 13 (MCL 207.12 and 207.13), as amended by 1995 PA 257.

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

 

 

Roll Call No. 20 Yeas--100

 

 
AdaminiGarciaLemmonsRocca
AllenGarzaLipseySanborn
AndersonGeorgeLockwoodSchauer
BashamGilbertMansSchermesser
BerneroGodchauxMcConicoShackleton
BirkholzGosselinMeadShulman
BisbeeHagerMeyerSpade
BishopHaleMiddaughStallworth
BogardusHansenMinoreStamas
BovinHardmanMortimerStewart
BradstreetHartNeumannSwitalski
Brown, B.HowellNewellTabor
Brown, C.JacobsO'NeilToy
Brown, R.JamnickPappageorgeVan Woerkom
CassisJansenPattersonVander Roest
CaulJelinekPestkaVander Veen
Clark, I.Johnson, RickPhillipsVear
Clarke, H.Johnson, RuthPlakasVoorhees
DennisJulianPumfordWaters
DeRossettKilpatrickQuarlesWhitmer
DeVuystKoetjeRaczkowskiWilliams
DeWeeseKooimanReevesWojno
EhardtKowallRichardvilleWoodward
FaunceKuipersRichnerWoronchak
FrankLaSataRivetZelenko

 

 

Nays--0

 

 

In The Chair: Birkholz

 

 

The House agreed to the title of the bill.

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

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

 

 

House Bill No. 4223, entitled

A bill to amend 1911 PA 44, entitled "An act to create a state board of equalization; to prescribe its powers and duties; to provide that said board shall be furnished with certain information by the several boards of supervisors and by the state tax commission; to provide for meeting the expense authorized by this act, and to repeal all acts or parts of acts contravening the provisions of this act," by amending sections 4 and 5 (MCL 209.4 and 209.5), section 4 as amended by 1986 PA 143 and section 5 as amended by 1981 PA 52.

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

 

 

Roll Call No. 21 Yeas--103

 

 
AdaminiGeorgeLockwoodSchauer
AllenGilbertMansSchermesser
AndersonGodchauxMcConicoScranton
BashamGosselinMeadShackleton
BerneroHagerMeyerSheltrown
BirkholzHaleMiddaughShulman
BisbeeHansenMinoreSpade
BishopHardmanMortimerStallworth
BovinHartMurphyStamas
BradstreetHowellNeumannStewart
Brown, B.JacobsNewellSwitalski
Brown, C.JamnickO'NeilTabor
Brown, R.JansenPappageorgeToy
CassisJelinekPattersonVan Woerkom
CaulJohnson, RickPestkaVander Roest
Clark, I.Johnson, RuthPhillipsVander Veen
Clarke, H.JulianPlakasVear
DennisKilpatrickPumfordVoorhees
DeRossettKoetjeQuarlesWaters
DeVuystKolbRaczkowskiWhitmer
DeWeeseKooimanReevesWilliams
EhardtKowallRichardvilleWojno
FaunceKuipersRichnerWoodward
FrankLaSataRivetWoronchak
GarciaLemmonsRoccaZelenko
GarzaLipseySanborn

 

 

Nays--0

 

 

In The Chair: Birkholz

 

 

The House agreed to the title of the bill.

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

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

 

 

Second Reading of Bills

 

 

House Bill No. 4075, entitled

A bill to amend 1978 PA 368, entitled "Public health code," by amending section 21799a (MCL 333.21799a).

The bill was read a second time.

 

Rep. Vear moved to amend the bill as follows:

1. Amend page 2, line 9, after "NOT" by striking out the balance of the line through "HOURS" on line 10 and inserting "LATER THAN THE NEXT BUSINESS DAY".

2. Amend page 2, line 13, after "COMPLAINANT" by striking out "WITHIN 48 HOURS" and inserting "NOT LATER THAN THE NEXT BUSINESS DAY".

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

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

The motion prevailed.

 

 

House Bill No. 4217, entitled

A bill to provide for standards for contracts involving certain residential and care services; and to provide for remedies.

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

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

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

The motion prevailed.

 

 

______

 

 

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

The motion prevailed.

 

By unanimous consent the House returned to the order of

Motions and Resolutions

 

 

Reps. McConico, Lemmons, Hardman, Reeves, Murphy, Garza, Clark, Waters, Lipsey, Kolb, Phillips, Hale, Williams, Clarke, Stallworth, Kilpatrick, Adamini, Rich Brown, Dennis, Thomas, Switalski, Woodward, Wojno, Schermesser, Bovin, Neumann, Rivet, Jamnick and Whitmer offered the following resolution:

House Resolution No. 52.

A resolution to urge that the cable television franchise agreement in Detroit be amended to require the cable service provider to carry certain low power television stations.

Whereas, The city of Detroit is empowered under Article VII, Sections 29 and 30 of the Constitution of the State of Michigan of 1963 to exercise control over the public rights of way and to grant franchise rights for the installation of wires, poles, pipes, conduits, or other utility facilities; and

Whereas, On August 31, 1983, the city of Detroit granted Comcast Cablevision of Detroit, successor to Barden Cablevision of Detroit, franchise rights to establish a nonexclusive cable communications system for the city under terms and conditions set forth by the franchise agreement; and

Whereas, Under the franchise agreement between the city of Detroit and its cable service provider, the provider was obligated to provide locally originated programming; and

Whereas, Low power television stations offer valuable services, including community-oriented programming. These types of stations also offer high-skilled employment opportunities to city residents; and

Whereas, Low power television stations currently do not have to be carried by Detroit's cable service provider; and

Whereas, Because of technological constraints of cable boxes and remote control systems, low power television stations that are not carried by the cable system cannot be readily viewed by cable subscribers; and

Whereas, Without a provision in the franchise agreement requiring the cable service provider to carry low power television stations, the provider is free to charge these stations high prices to gain access through the cable system; and

Whereas, Low power television stations cannot afford to pay the rates set by the cable service provider, which makes it difficult for these stations to maintain operations and which threatens the valuable services provided to the city and its residents by low power television stations; now, therefore, be it

Resolved by the House of Representatives, That we urge that the cable television franchise agreement in Detroit be amended to require the cable service provider to carry, at no cost to the stations or the consumer, low power television stations when the low power television station has transmitter sites within the confines of the city and when the station provides at least three hours of locally originated programming per week; and be it further

Resolved, That copies of this resolution be transmitted to the city of Detroit and its cable service provider.

The resolution was referred to the Committee on Energy and Technology.

 

 

Reps. Callahan, Raczkowski, Sheltrown, Hansen, Adamini, Wojno, Anderson, Jamnick, Bovin, Minore, Basham, Lipsey, Spade, Woodward, Whitmer, Kolb, Dennis, Gieleghem, Neumann, Thomas, Schauer, Richardville, Faunce, Scranton, Mans, DeRossett, Bernero, Jacobs, Schermesser, Van Woerkom, Murphy, DeVuyst, Hale, Woronchak, Rocca, Bogardus, Mead, Bishop, Lockwood, Rivet, Vander Roest, Garza, Sanborn, Caul, Shackleton, Ehardt, Clark, Cassis, Clarke, Hardman, Newell, Lemmons, Kowall, Bob Brown, Kilpatrick, Rich Brown, Switalski, Stewart and George offered the following resolution:

House Resolution No. 53.

A resolution to express opposition to the diversion of water from the Great Lakes Basin.

Whereas, The citizens and local communities of Michigan are committed to policies that protect the quality and the quantity of our Great Lakes. Proposals to remove Great Lakes water that have been made public from time to time over the years have been met with notable opposition throughout our state; and

Whereas, This waterway is a priceless asset to all of the states that are adjacent to the Great Lakes. Along with our Canadian neighbors, we share responsibility to do all we can to prevent the sale or removal of water from this region. The Great Lakes Charter of 1985 reflects the shared belief that we must be vigilant in preserving the Great Lakes as a treasured resource that is vital to our future; and

Whereas, Discussions are in progress on amendments to the Great Lakes Charter. In shoreline communities across Michigan, there is a deep belief that we must do all we can to prevent the diversion of water from the Great Lakes; now, therefore, be it

Resolved by the House of Representatives, That we express opposition to the diversion of water from the Great Lakes Basin; and be it further

Resolved, That copies of this resolution be transmitted to the governors of the Great Lakes states, the premiers of the Great Lakes provinces, the President of the United States Senate, the Speaker of the United States House of Representatives, and the members of the Michigan congressional delegation.

The resolution was referred to the Committee on Land Use and Environment.

 

 

Reps. Koetje, Raczkowski, Van Woerkom, Vander Veen, Kooiman, Kuipers, Hart, Jansen, Voorhees, Pestka, Switalski, Bradstreet, Ehardt, Mortimer, Sanborn, Richner, Bishop, Kowall, Hansen, Spade, Birkholz, Julian, Lipsey, Wojno, Scranton, Richardville, Woodward, DeRossett, Adamini, Minore, Jacobs, Schermesser, Faunce, Gosselin, Murphy, DeVuyst, Middaugh, Hale, Woronchak, Rocca, Mead, Tabor, Vander Roest, Caul, Shulman, Cassis, Clarke, Jamnick, Pappageorge, Rivet, Newell, Anderson, Bovin, Lemmons, Toy, Hager, Schauer, Kilpatrick, Rich Brown, Vear, Stewart and George offered the following resolution:

House Resolution No. 54.

A resolution honoring the 125th anniversary of Calvin College.

Whereas, It is with great pleasure that we join the administration, faculty, staff, students and alumni of Calvin College to celebrate the 125th anniversary of this fine academic institution; and,

Whereas, On March 15, 1876, a Dutch immigrant named Geert Boer was installed in his new position as full-time "docent" or teacher of the school that eventually would become both Calvin College and Calvin Theological Seminary; and

Whereas, The school had humble beginnings with only seven students that first year. The school first met in the upper room of a schoolhouse in downtown Grand Rapids, near the rail yard. The setting was cold in the winter and hot in the summer, as well as noisy because of the location. In addition, both the students and their teacher had little in the way of money. Theirs was truly a labor of love; and

Whereas, Now, 125 years later, Calvin College has over 250 full-time professors and a student body of approximately 4,300. Those students represent virtually every state in the union, plus Canada, and some 53 other countries. This year the list literally goes from A- Australia to Z­ Zimbabwe. Furthermore, Calvin is considered one of the country's best Christian colleges, boasting a curriculum with almost 90 majors and programs. It has a campus filled with modern technology and equipment, spacious resident halls, and it participates in NCAA Division III athletics. In its 125 year history, Calvin College boasts over 53,000 alumni; and

Whereas, Past leaders of Calvin College, Geert Egberts Boer, Albertus John Rooks, John J. Hiemenga, Johannes Broene, Rienk B. Kuiper, Ralph Stob, Henry Schultze, Willam Spoelhof and Anthony J. Diekema, have built a solid foundation from which the college could grow. It is the charge of Calvin College's current president, Mr. Galyen J. Byker, to lead the college into the 21st Century; now, therefore be it,

Resolved by the House of Representatives, That we commend and congratulate Calvin College on its 125th anniversary. We extend our best wishes on this celebration of history and anticipation of a bright and fruitful future; and be it further

Resolved, That a copy of this resolution be transmitted to Calvin College and President Gaylen J. Byker in recognition of this special occasion.

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. Kooiman, Van Woerkom, Koetje, Kuipers, Hart, Gosselin, Jansen, Voorhees, Stewart, Vander Veen, Hansen, Spade, Birkholz, Julian, Lipsey, Wojno, Scranton, Richardville, Woodward, DeRossett, Adamini, Bernero, Jacobs, Schermesser, Faunce, Murphy, DeVuyst, Middaugh, Hale, Woronchak, Rocca, Bradstreet, Mead, Bishop, Tabor,

Raczkowski, Vander Roest, Sanborn, Caul, Ehardt, Shulman, Cassis, Clarke, Jamnick, Pappageorge, Rivet, Newell, Bovin, Lemmons, Toy, Hager, Schauer, Kilpatrick, Rich Brown, Switalski and Vear offered the following resolution:

House Resolution No. 55.

A resolution honoring Calvin Theological Seminary on its 125th anniversary.

Whereas, We are proud to recognize that on March 15, 2001, Calvin Theological Seminary in Grand Rapids, Michigan, will celebrate its 125th anniversary. As the members of this family of believers celebrate their faith and the triumphs they have shared, we are pleased to add our voice of thanks for the many ways in which the Calvin Theological Seminary has touched and enriched not only its loyal membership, but also the entire community; and

Whereas, Calvin Theological Seminary was founded on March 15, 1876. Its humble beginnings date back to Reverend Douwe Vander Werp, who from 1864 to 1875, trained seven students for ordination in his Graafschap and Muskegon parsonages. In 1876, the church's general assembly met and appointed Reverend Gerrit E. Boer as its first full-time theological teacher. With only one professor and several students the seminary met in rented quarters to conduct their studies; and

Whereas, Since its inception, the seminary has been committed to the Bible as God's infallible Word as the authority for life and to the confessions of the Christian Reformed Church as the faithful interpretation of His Word; and

Whereas, Calvin Theological Seminary has trained over 2,500 students from 23 foreign countries for the ministry. Today, with more than 21 teaching faculty members and 276 students, the seminary continues its rich tradition of providing its theological foundations, supervised professional development, and personal and spiritual formation needed for faithful ministries at home and abroad; now, therefore, be it

Resolved by the House of Representatives, That on March 15, 2001, the members of this legislative body join with the members and friends of Calvin Theological Seminary in marking its 125th anniversary. We add our thanks and prayer for God's blessing on this momentous occasion; and be it further

Resolved, That a copy of this resolution be transmitted to Calvin Theological Seminary as a token of our esteem and gratefulness for their ministry.

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. Tabor, Raczkowski, Vander Veen, Voorhees, Bradstreet, Vander Roest, Pappageorge, Ruth Johnson, Toy, Woronchak, Faunce, Sanborn, Wojno, Garcia, Vear, Spade, Birkholz, Julian, Lipsey, Scranton, DeRossett, Adamini, Van Woerkom, Gosselin, DeVuyst, Rocca, Mead, Kooiman, Koetje, Kolb, Shackleton, Ehardt, Shulman, Cassis, Jansen, Jamnick, Hardman, Newell, Lemmons, Switalski and Stewart offered the following resolution:

House Resolution No. 56.

A resolution to urge Michigan power providers to offer to their customers a program of charitable donations by rounding bills up to the nearest dollar and accepting contributions.

Whereas, Charitable programs that are convenient and which encourage large numbers of people to make very small regular contributions hold the greatest potential to do the greatest good. One idea that is proving successful is the notion of letting people add a few cents or a few dollars to their utility bills each month for charity; and

Whereas, There are utility companies across the country, including here in Michigan, that offer their customers the opportunity to participate in an easy, inexpensive donation program that often provides help to needy families trying to pay for heat and electricity. These programs, which are sometimes known by such names as "Operation Round Up," "Pennies for Power," "Heat Bank," "PeopleCare," or "The Heat and Warmth Fund," can raise a considerable sum of money for charity by rounding up a customer's bill to the next even dollar amount or through contributions. The key to the effectiveness of such ventures is encouraging people to participate. With thousands of people contributing even minimal amounts on each bill, a great deal of help can be extended to less fortunate families; and

Whereas, With the realities of rising costs for gas and electricity, wider use of an idea that offers so much potential should be encouraged. This concept offers an excellent opportunity to provide help in a meaningful and practical way; now, therefore, be it

Resolved by the House of Representatives, That we urge Michigan power providers to offer to their customers a program of charitable donations by rounding bills up to the nearest dollar and accepting contributions; and be it further

Resolved, That copies of this resolution be transmitted to Michigan utility companies.

The resolution was referred to the Committee on Energy and Technology.

 

 

Reps. Bernero, Hansen, Spade, Julian, Lipsey, Wojno, Scranton, Richardville, Woodward, DeRossett, Adamini, Minore, Dennis, Jacobs, Schermesser, Van Woerkom, Faunce, Murphy, Hale, Woronchak, Neumann, Rocca, Bogardus,

Bishop, Lockwood, Rivet, Kolb, Garza, Ehardt, Sheltrown, Clark, Jansen, Clarke, Jamnick, Hardman, Newell, Anderson, Bovin, Reeves, Lemmons, Zelenko, Hager, Schauer, Bob Brown, Kilpatrick, Rich Brown, Switalski, Waters and Stewart offered the following resolution:

House Resolution No. 57.

A resolution to commemorate the fiftieth anniversary of United Food and Commercial Workers Local 951 and to express appreciation for their valuable contributions in Michigan.

Whereas, We are proud to join with the members, friends, staff, and officers of United Food and Commercial Workers Local 951, including Robert G. Potter, President, Joseph D. Crump, Secretary/Treasurer, and Michael McMillan, Recorder, to engage in a year-long celebration of their fifty year history; and

Whereas, In the years since Local 951 was founded in 1951, their growth in membership has made them the largest local union in Michigan and among the top five nationally. This ability to grow and change demonstrates the belief that members have maintained their mission of service and the unity of membership; and

Whereas, The people of this great state have benefited from the dedication to advancing the cause of working people and to community service and civic action exhibited by Local 951 throughout its history; now, therefore, be it

Resolved by the House of Representatives, That we congratulate the members of Local 951 on the fiftieth anniversary of the creation of their union. We commend them for their valuable contributions and wish them all the best in the coming years; and be it further

Resolved, That a copy of this resolution be transmitted to United Food and Commercial Workers Local 951 President Robert G. Potter as evidence of our appreciation.

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. Callahan, Sheltrown, Hansen, Adamini, Wojno, Anderson, Jamnick, Bovin, Minore, Basham, Raczkowski, Spade, Lipsey, Woodward, Whitmer, Kolb, Dennis, Gieleghem, Neumann, Thomas, Schauer, Richardville, Scranton, Mans, DeRossett, Jacobs, Schermesser, Van Woerkom, Faunce, Murphy, DeVuyst, Hale, Woronchak, Rocca, Bogardus, Bishop, Lockwood, Rivet, Vander Roest, Garza, Sanborn, Shackleton, Ehardt, Clark, Cassis, Clarke, Hardman, Newell, Lemmons, Kowall, Bob Brown, Kilpatrick, Rich Brown, Switalski, Stewart and George offered the following concurrent resolution:

House Concurrent Resolution No. 16.

A concurrent resolution to express opposition to the diversion of water from the Great Lakes Basin.

Whereas, The citizens and local communities of Michigan are committed to policies that protect the quality and the quantity of our Great Lakes. Proposals to remove Great Lakes water that have been made public from time to time over the years have been met with notable opposition throughout our state; and

Whereas, This waterway is a priceless asset to all of the states that are adjacent to the Great Lakes. Along with our Canadian neighbors, we share responsibility to do all we can to prevent the sale or removal of water from this region. The Great Lakes Charter of 1985 reflects the shared belief that we must be vigilant in preserving the Great Lakes as a treasured resource that is vital to our future; and

Whereas, Discussions are in progress on amendments to the Great Lakes Charter. In shoreline communities across Michigan, there is a deep belief that we must do all we can to prevent the diversion of water from the Great Lakes; now, therefore, be it

Resolved by the House of Representatives (the Senate concurring), That we express opposition to the diversion of water from the Great Lakes Basin; and be it further

Resolved, That copies of this resolution be transmitted to the governors of the Great Lakes states, the premiers of the Great Lakes provinces, the President of the United States Senate, the Speaker of the United States House of Representatives, and the members of the Michigan congressional delegation.

The concurrent resolution was referred to the Committee on Land Use and Environment.

 

 

Reps. Tabor, Raczkowski, Voorhees, Vander Veen, Bradstreet, Birkholz, Van Woerkom, Vander Roest, Pappageorge, Julian, Ruth Johnson, Woronchak, Toy, Allen, Richardville, Faunce, Sanborn, Wojno, Garcia, Vear, Spade, Lipsey, Scranton, DeRossett, Adamini, Gosselin, DeVuyst, Middaugh, Rocca, Mead, Kooiman, Koetje, Kolb, Shackleton, Ehardt, Shulman, Cassis, Jamnick, Hardman, Newell, Lemmons, Switalski, Waters, Stewart and George offered the following concurrent resolution:

House Concurrent Resolution No. 17.

A concurrent resolution to urge Michigan power providers to offer to their customers a program of charitable donations by rounding bills up to the nearest dollar and accepting contributions.

Whereas, Charitable programs that are convenient and which encourage large numbers of people to make very small regular contributions hold the greatest potential to do the greatest good. One idea that is proving successful is the notion of letting people add a few cents or a few dollars to their utility bills each month for charity; and

Whereas, There are utility companies across the country, including here in Michigan, that offer their customers the opportunity to participate in an easy, inexpensive donation program that often provides help to needy families trying to pay for heat and electricity. These programs, which are sometimes known by such names as "Operation Round Up," "Pennies for Power," "Heat Bank," "PeopleCare," or "The Heat and Warmth Fund," can raise a considerable sum of money for charity by rounding up a customer's bill to the next even dollar amount or through contributions. The key to the effectiveness of such ventures is encouraging people to participate. With thousands of people contributing even minimal amounts on each bill, a great deal of help can be extended to less fortunate families; and

Whereas, With the realities of rising costs for gas and electricity, wider use of an idea that offers so much potential should be encouraged. This concept offers an excellent opportunity to provide help in a meaningful and practical way; now, therefore, be it

Resolved by the House of Representatives (the Senate concurring), That we urge Michigan power providers to offer to their customers a program of charitable donations by rounding bills up to the nearest dollar and accepting contributions; and be it further

Resolved, That copies of this resolution be transmitted to Michigan utility companies.

The concurrent resolution was referred to the Committee on Energy and Technology.

 

 

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, Thursday, March 15:

House Bill Nos. 4450 4451 4452 4453 4454 4455 4456 4457 4458 4459 4460 4461 4462 4463

 

The Clerk announced that the following Senate bill had been received on Thursday, March 15:

Senate Bill No. 56

 

By unanimous consent the House returned to the order of

Reports of Standing Committees

 

 

COMMITTEE ATTENDANCE REPORT

 

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

Meeting held on: Thursday, March 15, 2001, at 9:00 a.m.,

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

Absent: Rep. Gieleghem,

Excused: Rep. Gieleghem.

 

 

COMMITTEE ATTENDANCE REPORT

 

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

Meeting held on: Thursday, March 15, 2001, at 10:30 a.m.,

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

 

 

Messages from the Senate

 

 

Senate Bill No. 56, entitled

A bill to amend 1978 PA 368, entitled "Public health code," by amending section 2891 (MCL 333.2891), as amended by 1992 PA 78.

The Senate has passed the bill.

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

Communications from State Officers

 

 

The following communication from the Auditor General was received and read:

 

March 14, 2001

Enclosed is a copy of the following audit report and/or executive digest:

Performance Audit of the

Division of Immunization

Community Public Health

Department of Community Health

March 2001

Sincerely,

Thomas H. McTavish, C.P.A.

Auditor General

The communication was referred to the Clerk and the accompanying report referred to the Committee on House Oversight and Operations.

 

 

Introduction of Bills

 

 

Reps. Hale, Lemmons, Clark, Garza, Bogardus, Neumann, Rivet, Zelenko, Jacobs, Hardman, Stallworth, Thomas and McConico introduced

House Bill No. 4468, entitled

A bill to amend 1978 PA 368, entitled "Public health code," by amending sections 13101 and 13102 (MCL 333.13101 and 333.13102), as added by 1996 PA 223, and by adding sections 13104, 13105, 13106, 13107, 13108, 13109, and 13110.

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

 

 

Reps. Hale, Lemmons, Garza, Bogardus, Neumann, Rivet, Jacobs, Hardman, Stallworth, Thomas and McConico introduced

House Bill No. 4469, entitled

A bill to amend 1931 PA 328, entitled "The Michigan penal code," (MCL 750.1 to 750.568) by adding section 411t.

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

 

 

Reps. Hale, Lemmons, Clark, Garza, Kolb, Bogardus, Neumann, Hardman, Stallworth, Thomas and McConico introduced

House Bill No. 4470, entitled

A bill to prescribe certain standards in contracts between athletes and athlete agents; and to prescribe penalties and provide remedies.

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

 

 

Reps. Hale, Lipsey, Clark, Garza, Kolb, Bogardus, Rivet, Neumann, Jacobs, Hardman, Stallworth, Thomas, McConico and Lemmons introduced

House Bill No. 4471, entitled

A bill to regulate certain persons engaged in business as travel promoters; to provide certain disclosures; and to provide for certain remedies.

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

 

 

Reps. Hale, Lipsey, Clark, Garza, Kolb, Bogardus, Rivet, Neumann, Jacobs, Hardman, Stallworth, Thomas, McConico and Lemmons introduced

House Bill No. 4472, entitled

A bill to amend 1976 PA 331, entitled "Michigan consumer protection act," by amending section 3 (MCL 445.903), as amended by 2000 PA 14.

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

Rep. Godchaux introduced

House Bill No. 4473, entitled

A bill to amend 1979 PA 94, entitled "The state school aid act of 1979," by amending sections 6, 11, 17b, and 32b (MCL 388.1606, 388.1611, 388.1617b, and 388.1632b), sections 6, 11, and 17b as amended and section 32b as added by 2000 PA 297.

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

 

 

Rep. Kuipers introduced

House Bill No. 4474, entitled

A bill to amend 1965 PA 166, entitled "An act to require prevailing wages and fringe benefits on state projects; to establish the requirements and responsibilities of contracting agents and bidders; and to prescribe penalties," by amending section 1 (MCL 408.551).

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

 

 

Reps. Sheltrown, DeVuyst and Tabor introduced

House Bill No. 4475, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending section 36505 (MCL 324.36505), as amended by 1998 PA 470.

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

 

 

Reps. Kowall, Raczkowski, Howell, Richardville, Vander Veen, Bob Brown, Wojno, Birkholz, Cassis, Meyer, Newell, Faunce, Gosselin, Hager, Voorhees, Bisbee, Bradstreet, Bernero, Kooiman, DeVuyst, McConico, Kuipers, Koetje, Woronchak, Tabor, Middaugh, Mortimer, Sanborn, Cameron Brown, Bishop, Spade, Vander Roest, Garcia, Allen, Pappageorge, Clarke, Richner, Patterson, Lockwood, Lemmons and Vear introduced

House Bill No. 4476, entitled

A bill to amend 1933 PA 167, entitled "General sales tax act," (MCL 205.51 to 205.78) by adding section 4aa.

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

 

 

Reps. Wojno, Bradstreet, Bob Brown, Kowall, Birkholz, Spade, Faunce, Kuipers, Voorhees, Vander Veen, Gosselin, DeVuyst, Woronchak, Schermesser, Mans, Sanborn, Bovin, Middaugh, Garcia, Vander Roest, Schauer and Vear introduced

House Bill No. 4477, entitled

A bill to amend 1937 PA 94, entitled "Use tax act," (MCL 205.91 to 205.111) by adding section 4w.

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

 

 

Reps. Kowall, Raczkowski, Howell, Richardville, Vander Veen, Wojno, Bob Brown, Birkholz, Cassis, Meyer, Newell, Faunce, Gosselin, Hager, Kuipers, Voorhees, Bisbee, Koetje, Bradstreet, Tabor, Bernero, Woronchak, Middaugh, Mortimer, Sanborn, Cameron Brown, Bishop, Spade, Kooiman, Vander Roest, Garcia, Allen, Pappageorge, Clarke, Richner, DeVuyst, Patterson, McConico, Lockwood, Vear and Lemmons introduced

House Bill No. 4478, entitled

A bill to levy a replacement energy tax on the price of natural gas; to provide for the administration and collection of the replacement energy tax revenues; and to provide for the disposition of revenues.

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

 

 

Reps. Birkholz, Bradstreet, Raczkowski, Allen, Gilbert, Vander Veen, Kooiman, Cameron Brown, Middaugh, Bishop, Voorhees, Tabor, Vander Roest, Julian, Pappageorge, Sanborn, Schauer, Ruth Johnson, Van Woerkom, Richardville, Toy, Woronchak, Faunce, Lockwood, Wojno, Garcia, Shackleton, Rocca, Hager, Richner and Vear introduced

House Bill No. 4479, entitled

A bill to amend 1967 PA 281, entitled "Income tax act of 1967," (MCL 206.1 to 206.532) by adding section 269.

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

 

 

Reps. Bradstreet, Birkholz, Raczkowski, Allen, Kuipers, Vander Veen, Voorhees, Gilbert, Gosselin, Pappageorge, Vander Roest, Tabor, Middaugh, Kooiman, Bishop, Julian, Van Woerkom, Toy, Sanborn, Richardville, Woronchak, Shackleton, Schauer, Faunce, Rocca, Wojno, Lockwood, Garcia, Meyer, Vear, Sheltrown and Lemmons introduced

House Bill No. 4480, entitled

A bill to amend 1967 PA 281, entitled "Income tax act of 1967," by amending section 527a (MCL 206.527a), as amended by 1996 PA 484.

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

Reps. Cassis, Gilbert, Birkholz, Pappageorge, Voorhees, Bradstreet, Middaugh, Kooiman, Allen, DeVuyst, Vander Roest, Vander Veen, Ruth Johnson, Bishop, Rocca, Woronchak, Sanborn, Gosselin, Julian, Schauer, Shackleton, Wojno, Toy, Van Woerkom, Richardville, Faunce, Garcia and Vear introduced

House Bill No. 4481, entitled

A bill to amend 1967 PA 281, entitled "Income tax act of 1967," by amending section 527a (MCL 206.527a), as amended by 1996 PA 484.

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

 

 

Reps. Woronchak, Raczkowski, Gilbert, Birkholz, Pappageorge, Voorhees, Sanborn, Allen, Bishop, Middaugh, Bradstreet, Vander Roest, Ruth Johnson, Kooiman, Vander Veen, Julian, Schauer, Shackleton, Richardville, Van Woerkom, Toy, Faunce, Garcia, Schermesser and Vear introduced

House Bill No. 4482, entitled

A bill to amend 1967 PA 281, entitled "Income tax act of 1967," (MCL 206.1 to 206.532) by adding section 438.

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

 

 

Reps. Van Woerkom, Raczkowski, Gilbert, Voorhees, Birkholz, Vander Veen, Kooiman, Bradstreet, Sanborn, Pappageorge, Julian, Shackleton, Meyer, Middaugh, Woronchak, Schauer, Rocca, Ruth Johnson, Faunce, Toy, Vander Roest, Garcia, Hager, Tabor, Bisbee and Vear introduced

House Bill No. 4483, entitled

A bill to establish the state home heating credit fund in the department of treasury; and to provide certain powers and duties of the department of treasury with respect to the home heating credit fund.

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

 

 

Reps. Bovin, Raczkowski, Wojno, Voorhees, Allen, Bradstreet, Birkholz, O'Neil, Vander Veen, Pappageorge, Julian, Sanborn, Pestka, Kooiman, Lockwood, Ruth Johnson, Vander Roest, Neumann, Shackleton, Spade, Van Woerkom, Richardville, Woronchak, Faunce, Rich Brown, Jacobs, Kolb and Garcia introduced

House Bill No. 4484, entitled

A bill to amend 1939 PA 3, entitled "An act to provide for the regulation and control of public utilities and other services affected with a public interest within this state; to provide for alternative energy suppliers; to provide for licensing; to include municipally owned utilities and other providers of energy under certain provisions of this act; to create a public service commission and to prescribe and define its powers and duties; to abolish the Michigan public utilities commission and to confer the powers and duties vested by law on the public service commission; to provide for the continuance, transfer, and completion of certain matters and proceedings; to abolish automatic adjustment clauses; to prohibit certain rate increases without notice and hearing; to qualify residential energy conservation programs permitted under state law for certain federal exemption; to create a fund; to provide for a restructuring of the manner in which energy is provided in this state; to encourage the utilization of resource recovery facilities; to prohibit certain acts and practices of providers of energy; to allow for the securitization of stranded costs; to reduce rates; to provide for appeals; to provide appropriations; to declare the effect and purpose of this act; to prescribe remedies and penalties; and to repeal acts and parts of acts," by amending section 10t (MCL 460.10t), as added by 2000 PA 141.

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

 

 

Reps. Richardville, Raczkowski, Pappageorge, Gilbert, Birkholz, Middaugh, Voorhees, Sanborn, Van Woerkom, Woronchak, Bradstreet, Julian, Schauer, Kooiman, Vander Veen, Toy, Allen, Ruth Johnson, Vander Roest, Shackleton, Faunce, Wojno and Garcia introduced

House Bill No. 4485, entitled

A bill to amend 1939 PA 3, entitled "An act to provide for the regulation and control of public utilities and other services affected with a public interest within this state; to provide for alternative energy suppliers; to provide for licensing; to include municipally owned utilities and other providers of energy under certain provisions of this act; to create a public service commission and to prescribe and define its powers and duties; to abolish the Michigan public utilities commission and to confer the powers and duties vested by law on the public service commission; to provide for the continuance, transfer, and completion of certain matters and proceedings; to abolish automatic adjustment clauses; to prohibit certain rate increases without notice and hearing; to qualify residential energy conservation programs permitted under state law for certain federal exemption; to create a fund; to provide for a restructuring of the manner in which energy is provided in this state; to encourage the utilization of resource recovery facilities; to prohibit certain acts and practices of providers of energy; to allow for the securitization of stranded costs; to reduce rates; to provide for appeals; to provide appropriations; to declare the effect and purpose of this act; to prescribe remedies and penalties; and to repeal acts and parts of acts," (MCL 460.1 to 460.10cc) by adding section 9.

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

 

By unanimous consent the House returned to the order of

Notices

 

 

Public Hearing

 

Subcommittee on PA 51 of 1951 Townships, County Roads and MDOT

Date: Monday, March 19, 2001

Time: 3:00 p.m.

Place: Alpine Township Hall, 5255 Alpine Avenue, Comstock Park, Michigan

Rep. Hart,

Chair

Agenda: Public Act 51 of 1951
and any/or all business properly before this subcommittee.

 

 

______

 

 

Rep. Shulman moved that the House adjourn.

The motion prevailed, the time being 1:40 p.m.

 

The Speaker Pro Tempore declared the House adjourned until Tuesday, March 20, at 2:00 p.m.

 

 

GARY L. RANDALL

Clerk of the House of Representatives.