No. 47

STATE OF MICHIGAN

JOURNAL

OF THE

House of Representatives

91st Legislature

REGULAR SESSION OF 2001

House Chamber, Lansing, Thursday, May 31, 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--present

Cassis--present

Caul--present

Clark--excused

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--excused

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--excused

Richardville--present

Richner--present

Rison--present

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--present

Toy--present

Vander Roest--present

Vander Veen--present

Van Woerkom--present

Vear--present

Voorhees--present

Waters--present

Whitmer--present

Williams--present

Wojno--present

Woodward--present

Woronchak--present

Zelenko--present

e/d/s = entered during session

Rep. Cameron Brown, from the 59th District, offered the following invocation:

"Thank You, Father, for the rare privilege to serve in this House. We know that the Scriptures are clear, 'unless the Lord builds the house, they labor in vain who build it.' May we build it according to Your specifications--according to Your holy plan. Bless this assembly, inspire it, uplift it, elevate it, so that it may serve Your will and Your purpose. This we pray in Jesus' name. Amen."

______

Rep. Jacobs moved that Reps. Clark, Hardman and Reeves be excused from today's session.

The motion prevailed.

Second Reading of Bills

Senate Bill No. 239, entitled

A bill to make appropriations for the state transportation department and certain transportation purposes for the fiscal year ending September 30, 2002; to provide for the imposition of fees; to provide for reports; to create certain funds and programs; to prescribe requirements for certain railroad and bus facilities; to prescribe certain powers and duties of certain state departments and officials and local units of government; and to provide for the expenditure of the appropriations.

(The bill was read a second time, substitute (H-1) adopted, amended, amendment reconsidered and postponed temporarily and bill postponed for the day on May 30, see House Journal No. 46, p. 757.)

Rep. Raczkowski moved to amend the bill as follows:

1. Amend page 25, following line 9, following section 346, by inserting:

"Sec. 347. The department, after giving full consideration to public comment, shall develop and implement a proper noise abatement plan for I-275 between 5-Mile Road and I-696 by December 31, 2001.".

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

Rep. Raczkowski moved to amend the bill as follows:

1. Amend page 25, following line 9, following section 346, by inserting:

"Sec. 347. Department charges for complying with freedom of information requests shall be for the actual costs of copies, materials, and mailing only and shall not include the salaries of department employees unless the salaries of those employees are specifically, fully, and solely funded from freedom of information charges.".

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

Rep. Cassis moved to amend the bill as follows:

1. Amend page 25, following line 9, following section 346, by inserting:

"Sec. 347. The department may reconsider the effect of state regulation that has changed since approval of any project that was approved by the department prior to 1994.".

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 25, following line 9, following section 347, by inserting:

"Sec. 348. The department shall make an assessment of department-owned easements in the city of Zilwaukee to determine if those easements may be transferred to the city for use as a public park, bike path, or other public recreational purpose.".

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

Rep. Kilpatrick moved to amend the bill as follows:

1. Amend page 41, following line 24, following section 722, by inserting:

"Sec. 723. The funds in part 1 for local bus operating to the regional transportation coordinating council, shall be contingent upon amendment of 1967 PA 204 for the purpose of coordination of public transportation services in Wayne, Oakland, and Macomb counties. The amendment shall require adoption and maintenance of a funding mechanism for creation of a coordinated tri-county mass transportation network.".

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 25, following line 9, following section 349, by inserting:

"Sec. 350. (1) The established overall Disadvantaged Business Enterprise goal, shall identify the relative availability of disadvantaged business enterprises based on evidence of ready, willing, and able disadvantaged business enterprises relative to 125% of all firms within the department's marketplace. The overall annual goal reflects the department's determination of the level of Disadvantaged Business Enterprise participation which could be expected absent the effects of discrimination. The department's methodology to develop the overall Disadvantaged Business Enterprise goal will be announced in electronic and print media to ensure broad public participation in the goal setting process in accordance with 49 CFR Part 26.45.

(2) In determining the base figure for the overall Disadvantaged Business Enterprise goal, the department shall include all relevant and reliable data available to measure its marketplace including, but not limited to, department prequalified firms and certified members of the Michigan Minority Development Council.

(3) The department will use its best efforts to assist certified Disadvantaged Business Enterprise in becoming prequalified.

(4) The Disadvantaged Business Enterprise director shall provide a report to the house of representatives and senate appropriations committees by April 15, 2002. The report shall include, but not be limited to, expenditure goals, goal methodology, actual expenditures by Disadvantaged Business Enterprise category, subcategory, and standard industry code. The report shall include an analysis of program challenges, impediments, and accomplishments, as well as a summary of oversight operations and findings.

(5) The department shall neither weigh upward or downward the relative availability of Disadvantaged Business Enterprise within standard industry code 16 for heavy construction.

(6) The department shall neither weigh upward or downward the relative availability of Disadvantaged Business Enterprise within standard industry code 87 for federal highway administration and federal aeronautics administration professional service contracts.

(7) The department shall neither weigh upward or downward the relative availability of Disadvantaged Business Enterprise within standard industry code 89 for federal highway administration and federal transit administration assisted contracts.

(8) The department's supportive services program shall collaborate with the Michigan Minority Development Council specifically on Disadvantaged Business Enterprise outreach in relation to sign, traffic control, electrical, special pavement marking, grading and drainage structure, water main/sewer, mainline concrete/asphalt paving marking, dowel bar retrofit, diamond grinding, and bridge work.".

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

Rep. Switalski moved to amend the bill as follows:

1. Amend page 33, following line 7, by inserting:

"Sec. 616. From the funds appropriated in section 110, the department shall construct a soundwall and pursue other noise abatement measures in Eastpointe along both sides of I-94 between 8 Mile and 9 Mile roads and in Roseville and St. Clair Shores along both sides of I-94 between 12 Mile and 14 Mile roads.".

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

The question being on the adoption of the amendment offered previously by Reps. Kilpatrick and Stallworth,

Rep. Kilpatrick withdrew the amendment.

______

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

The motion prevailed.

Reps. Woodward and Jacobs moved to amend the bill as follows:

1. Amend page 25, following line 9, following section 347, by inserting:

"Sec. 348. From the funds appropriated in part 1, the department shall begin the construction process, which may include community education and outreach, traffic studies, preliminary engineering, and right of way acquisition, for congestion relief and widening of I-75 between I-696 and M-15 in Oakland.".

The question being on the adoption of the amendment offered by Reps. Woodward and Jacobs,

Rep. Woodward demanded the yeas and nays.

The demand was supported.

The question being on the adoption of the amendment offered by Reps. Woodward and Jacobs,

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

Roll Call No. 233 Yeas--41

 

Anderson	Garza	Lipsey	Rivet
Basham	Gieleghem	Lockwood	Schermesser
Bernero	Hale	Mans	Switalski
Bogardus	Hansen	McConico	Thomas
Bovin	Jacobs	Minore	Waters
Brown, B.	Jamnick	Murphy	Whitmer
Brown, R.	Johnson, Ruth	Phillips	Williams
Callahan	Kilpatrick	Plakas	Wojno
Clarke, H.	Kolb	Quarles	Woodward
Daniels	Lemmons	Rison	Zelenko

Dennis

Nays--59

 

Allen	Godchaux	Meyer	Shackleton
Birkholz	Gosselin	Middaugh	Sheltrown
Bisbee	Hager	Mortimer	Shulman
Bishop	Hart	Neumann	Spade
Bradstreet	Howell	Newell	Stamas
Brown, C.	Jansen	Pappageorge	Stewart
Cassis	Jelinek	Patterson	Tabor
Caul	Johnson, Rick	Pestka	Toy
DeRossett	Julian	Pumford	Van Woerkom
DeVuyst	Koetje	Raczkowski	Vander Roest
Drolet	Kooiman	Richardville	Vander Veen
Faunce	Kowall	Richner	Vear
Frank	Kuipers	Rocca	Voorhees
George	LaSata	Sanborn	Woronchak
Gilbert	Mead	Scranton

In The Chair: Birkholz

______

Rep. Jacobs moved that Rep. O'Neil be excused temporarily from today's session.

The motion prevailed.

Rep. Gieleghem moved to amend the bill as follows:

1. Amend page 25, following line 9, following section 347, by inserting:

"Sec. 348. From the funds appropriated in part 1, the department shall begin the construction process, which may include traffic studies, preliminary engineering, and right of way acquisition, to provide congestion relief and corridor enhancement on I-94 in Macomb county.".

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

Rep. Quarles moved to amend the bill as follows:

1. Amend page 25, following line 9, following section 347, by inserting:

"Sec. 348. From the funds appropriated in part 1, the department shall begin the construction process, which may include traffic studies, preliminary engineering, and right of way acquisition, for an exit at I-696 and Franklin Road in the city of Southfield.".

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

Rep. Hale moved to amend the bill as follows:

1. Amend page 25, following line 9, following section 347, by inserting:

"Sec. 348. The department shall establish criteria for the maintenance, rehabilitation, and reconstruction of state trunkline highways. In addition, the department shall develop a plan for the long term maintenance and preservation of state trunkline highways. The life of the plan should begin within a 15-20 year life cycle of the completion, rehabilitation, or reconstruction of state trunkline highways. The department shall submit a report on its efforts under this section and shall submit the report to the house of representatives and senate appropriations subcommittees on transportation and to house and senate fiscal agencies by April 15, 2002.".

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

Rep. Hale demanded the yeas and nays.

The demand was supported.

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

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

Roll Call No. 234 Yeas--48

 

Adamini	Frank	Mans	Schermesser
Anderson	Garza	McConico	Sheltrown
Basham	Gieleghem	Minore	Spade
Bernero	Hale	Murphy	Stallworth
Bogardus	Hansen	Neumann	Switalski
Bovin	Jacobs	Pestka	Waters
Brown, B.	Jamnick	Phillips	Whitmer
Brown, R.	Kilpatrick	Plakas	Williams
Callahan	Kolb	Quarles	Wojno
Clarke, H.	Lemmons	Rison	Woodward
Daniels	Lipsey	Rivet	Woronchak
Dennis	Lockwood	Schauer	Zelenko

Nays--55

 

Allen	Gilbert	Kuipers	Sanborn
Birkholz	Godchaux	LaSata	Scranton
Bisbee	Gosselin	Mead	Shackleton
Bishop	Hager	Meyer	Shulman
Bradstreet	Hart	Middaugh	Stamas
Brown, C.	Howell	Mortimer	Stewart
Cassis	Jansen	Newell	Tabor
Caul	Jelinek	Pappageorge	Toy
DeRossett	Johnson, Rick	Patterson	Van Woerkom
DeVuyst	Johnson, Ruth	Pumford	Vander Roest
Drolet	Julian	Raczkowski	Vander Veen
Ehardt	Koetje	Richardville	Vear
Faunce	Kooiman	Richner	Voorhees
George	Kowall	Rocca

In The Chair: Birkholz

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

1. Amend page 25, following line 9, following section 347, by inserting:

"Sec. 348. The department shall complete a survey of the legislature to evaluate how local legislative priorities correlate with the 5-year plan. The department shall report to the house of representatives and senate appropriations subcommittees on transportation by April 15, 2002.".

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

Reps. Lockwood, Toy and Raczkowski moved to amend the bill as follows:

1. Amend page 25, following line 9, following section 348, by inserting:

"Sec. 349. The department shall develop a plan to implement the policy of the state transportation commission on noise abatement. The department shall report on its efforts to implement the commission's policy to the house of representatives and senate appropriations subcommittees on transportation and to the house and senate fiscal agencies by April 15, 2002.".

The question being on the adoption of the amendment offered by Reps. Lockwood, Toy and Raczkowski,

Rep. Lockwood demanded the yeas and nays.

The demand was supported.

The question being on the adoption of the amendment offered by Reps. Lockwood, Toy and Raczkowski,

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

Roll Call No. 235 Yeas--99

 

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

Nays--5

Godchaux Koetje LaSata Scranton

Jansen

In The Chair: Birkholz

Rep. Schauer moved to amend the bill as follows:

1. Amend page 42, following line 7, by inserting:

"Sec. 802. The department shall endeavor to obtain funds for a flight simulator at Kellogg airport for Western Michigan University.".

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

Rep. Shackleton moved to reconsider the vote by which the House did not adopt the amendment offered previously by Rep. Stallworth.

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

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

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

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. 239, entitled

A bill to make appropriations for the state transportation department and certain transportation purposes for the fiscal year ending September 30, 2002; to provide for the imposition of fees; to provide for reports; to create certain funds and programs; to prescribe requirements for certain railroad and bus facilities; to prescribe certain powers and duties of certain state departments and officials and local units of government; and to provide for the expenditure of the appropriations.

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

Roll Call No. 236 Yeas--100

 

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

Nays--4

Drolet Godchaux Hale Johnson, Ruth

In The Chair: Birkholz

The House agreed to the title of the bill.

______

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

"Mr. Speaker and members of the House:

This budget spends too much money in all the wrong places, and fails to address what our true transportation needs really are. We are spending money on a laundry list of amendments and pet projects. We are subsidizing passenger bus service. There is a gaping hole in the budget, and we are throwing away our road repair dollars on a passenger rail study involving a train that few Michigan residents will ever see or use. Michigan has potholes the size of moon craters, and we can no longer afford these misguided transportation policies. We need REAL road money, not railroad money."

Senate Bill No. 232, 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, 2002; to provide for the expenditure of the appropriations; and to provide for the disposition of fees and other income received by the state agencies.

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

Roll Call No. 237 Yeas--100

 

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

Nays--3

Drolet Gosselin Johnson, Ruth

In The Chair: Birkholz

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, 2002; to provide for the expenditure of the appropriations; and to provide for the disposition of fees and other income received by the state agencies; and to repeal acts and parts of acts.

The motion prevailed.

The House agreed to the title as amended.

______

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

"Mr. Speaker and members of the House:

This budget includes funding for the Strategic Fund--a playground of more than sixty-five million tax dollars for the Michigan Economic Development Corporation, and the Michigan Economic Growth Authority. No mere cut would do justice to what this budget deserves. There are more than sixty million good reasons to oppose it.

Tax abatements, job training grants, and various other financial favors come out of a pile of money that was taken from all Michigan taxpayers. Businesses and regions that win the favor of MEDC get special tax advantages. Businesses and regions that don't win the favors must still pay their full tax bill, and then watch as MEDC hands some of that money over to rival regions or businesses.

Corporations are often deliberately lured from out of state with these credits, effectively receiving a tax-free passport to the Michigan economy on the backs of the established Michigan entrepreneurs who built that economy and paid the taxes in the first place. In some instances, MEDC has used these tax abatements to import new businesses to compete directly with Michigan employers who have been in the state for generations.

This is not an instance where government should be spending less, or spending more wisely, or even an example of where government is a necessary evil. This is corporate welfare. It is government meddling in matters far beyond its know-how and rightful authority. It is government doing what is surely evil, and never necessary.

Senate Bill No. 233, entitled

A bill to make appropriations for the department of consumer and industry services and certain other state purposes for the fiscal year ending September 30, 2002; to provide for the expenditure of 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 third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:

Roll Call No. 238 Yeas--102

 

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

Frank Lemmons

Nays--1

Drolet

In The Chair: Birkholz

The House agreed to the title of the bill.

Senate Bill No. 234, entitled

A bill to make appropriations for the departments of attorney general, civil rights, civil service, management and budget, state, and treasury, the executive office, and the legislative branch for the fiscal year ending September 30, 2002; to provide for the expenditure of these appropriations; to provide for the funding of certain work projects; to provide for the imposition of certain fees; to establish or continue certain funds, programs, and categories; to transfer certain funds; to prescribe certain requirements for bidding on state contracts; to provide for disposition of year-end balances for the fiscal year ending September 30, 2002; to prescribe the powers and duties of certain principal executive departments and state agencies, officials, and employees; and to provide for the disposition of fees and other income received by the various principal executive departments and state agencies.

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

Roll Call No. 239 Yeas--98

 

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

Frank Lipsey

Nays--7

Brown, B. Gosselin Middaugh Wojno

Drolet Johnson, Ruth Rocca

In The Chair: Birkholz

The House agreed to the title of the bill.

Senate Bill No. 235, entitled

A bill to make appropriations for the family independence agency and certain state purposes related to public welfare services for the fiscal year ending September 30, 2002; to provide for the expenditure of the appropriations; to create funds; to provide for the imposition of fees; to provide for reports; to provide for the disposition of fees and other income received by the state agency; and to provide for the powers and duties of certain individuals, local governments, and state departments, agencies, and officers.

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

Roll Call No. 240 Yeas--101

 

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

Frank

Nays--3

Drolet Johnson, Ruth Rocca

In The Chair: Birkholz

The House agreed to the title of the bill.

Second Reading of Bills

House Bill No. 4633, entitled

A bill to amend 1974 PA 150, entitled "Youth rehabilitation services act," by amending section 7a (MCL 803.307a), as amended by 1998 PA 517.

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. Bogardus moved to amend the bill as follows:

1. Amend page 2, line 15, after "OR (1)," by striking out "335,".

2. Amend page 2, line 17, after "MCL 750.167," by striking out "750.335,".

3. Amend page 2, line 19, after "OR (1)," by striking out "335,".

4. Amend page 2, line 20, after "MCL 750.167," by striking out "750.335,".

5. Amend page 3, line 8, by striking out all of subparagraph (iii) and renumbering the remaining subparagraphs.

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

Rep. Faunce moved to amend the bill as follows:

1. Amend page 4, following line 18, by inserting:

"(5) A PUBLIC WARD FOUND RESPONSIBLE FOR OR CONVICTED OF 1 OR MORE CRIMES LISTED IN SUBSECTION (1) SHALL PAY AN ASSESSMENT OF $60.00. THE DEPARTMENT SHALL TRANSMIT THE ASSESSMENTS OR PORTIONS OF ASSESSMENTS COLLECTED TO THE DEPARTMENT OF TREASURY FOR THE DEPARTMENT OF STATE POLICE FORENSIC SCIENCE DIVISION TO DEFRAY THE COSTS ASSOCIATED WITH THE REQUIREMENTS OF DNA PROFILING AND DNA RETENTION PRESCRIBED UNDER THE DNA IDENTIFICATION PROFILING SYSTEM ACT, 1990 PA 250, MCL 28.171 TO 28.176." and renumbering the remaining subsection.

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

Rep. O'Neil moved that the bill be placed on the order of Third Reading of Bills.

The motion prevailed.

______

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

House Bill No. 4328, entitled

A bill to amend 1964 PA 154, entitled "Minimum wage law of 1964," by amending the title and section 3 (MCL 408.383).

The bill was read a second time.

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

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

Rep. Jacobs demanded the yeas and nays.

The demand was supported.

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

Rep. Patterson moved that consideration of the bill be postponed for the day.

The motion prevailed.

House Bill No. 4454, entitled

A bill to repeal 1987 PA 248, entitled "Airport parking tax act," (MCL 207.371 to 207.383).

The bill was read a second time.

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

The question being on the adoption of the substitute (H-2) offered by Rep. Patterson,

Rep. Patterson demanded the yeas and nays.

The demand was supported.

The question being on the adoption of the substitute (H-2) offered by Rep. Patterson,

Rep. Patterson moved that consideration of the bill be postponed for the day.

The motion prevailed.

______

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 Tuesday, June 5, at 10:00 a.m.

The motion prevailed.

By unanimous consent the House returned to the order of

Motions and Resolutions

Reps. Lemmons, Woodward, Sheltrown, Hansen, Garza, Clark, Reeves, Kilpatrick, Schauer, Hale, Waters, Clarke, Daniels, McConico, Minore, Stallworth, Lipsey, Murphy, Rison, Quarles, Williams, Switalski, Jacobs, Kolb, Phillips, Thomas, Stewart, Birkholz, DeRossett, Ehardt, Spade, Dennis, Neumann, Jamnick, Adamini, Rich Brown, Rivet, Zelenko, Plakas, Jansen, Whitmer and Bernero offered the following resolution:

House Resolution No. 138.

A resolution honoring Catherine Carter Blackwell.

Whereas, It is a pleasure to offer congratulations to Catherine Carter Blackwell for the record that this talented and energetic educator and leader has compiled over 40 years in the Detroit public school system. In addition to specific innovations in the classroom, study units, and programs, she was successful in the most fundamental component of learning, motivating young people. It is most fitting that we honor such excellence in an endeavor of great importance to every citizen, business, and institution in this state, the education of our young people; and

Whereas, Michigan has a long tradition of belief in the value of education. Our state was the first to provide, in its constitution, for an officer with statewide duties in public education. In settlements in all parts of the state, hiring a schoolteacher and finding a place to hold classes were always among the first tasks marking a sense of community for the pioneers; and

Whereas, A native Detroiter, she graduated from Northwestern High School and Howard University in Washington, D.C., receiving her master's degree in education from Wayne State University. She began her teaching career in 1955 at the Garfield Elementary School in Detroit; and

Whereas, Her visionary spirit led her to take 65 trips to 41 African nations beginning in 1960, so that she could stimulate her students to take a lifelong interest in learning and growing in the rich African heritage of history and culture. In the capacity of study tour director, she has brought hundreds of students and professionals alike to Africa; and

Whereas, In May of 1993, she represented the Detroit Board of Education as a panelist and consultant at the African/African-American Summit in Libreville, Gabon, Central Africa. She has earned the unofficial title of "Detroit's Ambassador to Africa" through her many trips to the motherland, her numerous articles on African/African-American studies curriculum, her speaking and consulting work, and the work she pioneered of linking school curricula to the African heritage; and

Whereas, Catherine Carter Blackwell has received numerous well-deserved accolades, awards, and recognition through the years for her outstanding body of work. For Catherine, no recognition has been as proud as the naming of an elementary school, The Catherine C. Blackwell Institute of International Studies, Commerce and Technology, in 1992. A year later, she was inducted into the Michigan Women's Hall of Fame; and

Whereas, Now retired from teaching, she captivates audiences of all ages with her wonderful storytelling which continues to bring multi-cultural studies from an African-centered perspective into the school system. The Catherine C. Blackwell Institute has established African studies scholarships for those students who continue her important legacy. We applaud the dedication this beloved "African Queen Mother" has consistently displayed and offer our thanks for the manner in which both students and other educators have benefited, and continue to benefit, from all of this hard work; now, therefore, be it

Resolved by the House of Representatives, That the members of the this legislative body join in honoring Catherine Carter Blackwell for her illustrious career; and be it further

Resolved, That a copy of this resolution be transmitted to Catherine Carter Blackwell as a token of our respect for her fine work.

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. Basham, Neumann, Woodward, Kilpatrick, Schauer, Garza, Rivet, Schermesser, Jacobs, Callahan, Whitmer, Murphy, Zelenko, Spade, Bovin, Wojno, Williams, Kolb, Phillips, Hansen, Adamini, Rich Brown, Lipsey, McConico, Daniels, Anderson, Plakas, Godchaux, Pestka, Bob Brown, Sheltrown, Rison, Hale, Gieleghem, Minore, Jamnick, Quarles, Thomas, Clark, Bernero, Dennis, Newell, Stamas, Bogardus, Ruth Johnson, Rocca, Howell, Richner, Clarke, Jelinek, Richardville, Middaugh, Shulman, Pumford, Birkholz, Cameron Brown, DeWeese, Toy, Raczkowski, DeVuyst, Pappageorge, Jansen, Rick Johnson, Shackleton, Gosselin, Koetje, Bishop, Kowall, Kuipers and Lemmons offered the following resolution:

House Resolution No. 139.

A resolution honoring Rollie Hopgood on the occasion of his retirement as President of the Michigan Federation of Teachers and School Related Personnel.

Whereas, It is with deep appreciation of the diversity of talents that must come together for educational excellence to be possible that we honor Rollie Hopgood upon the occasion of his retirement from the Michigan Federation of Teachers and School Related Personnel. As Rollie Hopgood brings to a close his service as president, we add our voice of thanks to those of the Michigan Federation of Teachers and School Related Personnel and to all in the education community for his many years of dedicated service; and

Whereas, Rollie Hopgood has been a tireless advocate of public education for virtually his entire adult life. He has been a dedicated representative of all public school teachers and related personnel, especially individuals affiliated with the American Federation of Teachers; and

Whereas, Rollie Hopgood has served as the President of the Michigan Federation of Teachers and School Related Personnel since 1996, Administrative Assistant to the President and Editor of the Federation Forum from 1981 to 1996, and prior to 1981, served the state federation in various capacities, including as a staff representative and editor. He has served the state of Michigan and his community of Taylor in many capacities during his adult life, including serving on the Taylor City Council from 1991 to 1997, serving as Treasurer of the State Board of Education from 1988 to 1990, and serving as Recreation Director of Taylor Township from 1963 to 1964; and

Whereas, Rollie Hopgood received his Bachelor of Science from Western Michigan University in K-12 Education, his Master of Arts in Education Leadership from Eastern Michigan University, and has completed course work at Wayne State University, University of Michigan-Dearborn, and University of Illinois; and

Whereas, Rollie Hopgood began teaching art, social studies, and physical education in the Taylor School District in 1962 and soon became president of the Taylor Federation of Teachers from 1965 to 1970 and again from 1977 to 1981. He witnessed many tumultuous events and long-fought struggles throughout these years as a classroom teacher; and

Whereas, Rollie Hopgood has assumed responsibilities with numerous organizations including the Michigan State AFL-CIO Executive Board, Michigan Democratic Party State Central Committee, Metropolitan Detroit AFL-CIO, Americans for International Aid in Adoption, and the Downriver Runners. He has also had numerous affiliations including the 16th District Democratic Party, American Association for Retired Persons, Americans United for Separation of Church and State, and People for the American Way; and

Whereas, Rollie Hopgood has served on many boards, committees, subcommittees, and commissions. He has received recognition from many organizations for his outstanding dedication to public education, public service, and social justice; now, therefore, be it

Resolved by the House of Representatives, That the members of this legislative body honor Rollie Hopgood as he retires from the Michigan Federation of Teachers and School Related Personnel; and be it further

Resolved, That a copy of this resolution be transmitted to Rollie Hopgood as a token of our esteem and 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.

Reports of Standing Committees

The Committee on Agriculture and Resource Management, by Rep. DeRossett, Chair, reported

House Bill No. 4456, entitled

A bill to provide for the establishment of alternative agricultural production districts in local governmental units; to provide for the exemption from certain taxes; to levy and collect a specific tax upon the owners of agricultural property; to provide for the disposition of the tax; to provide for the obtaining and transferring of an exemption certificate and to prescribe the contents of those certificates; to prescribe the powers and duties of the state tax commission and certain officers of local governmental units; and to provide penalties.

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

The committee further recommended that the bill and substitute be referred to the Committee on Land Use and Environment.

Favorable Roll Call

HB 4456 To Report Out:

Yeas: Reps. DeRossett, Julian, Ehardt, Gilbert, Meyer, Van Woerkom, Vear, Spade,

Nays: Rep. Sheltrown.

The further recommendation was concurred in and the bill and the substitute were referred to the Committee on Land Use and Environment.

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Thursday, May 31, 2001, at 8:00 a.m.,

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

The Committee on Civil Law and the Judiciary, by Rep. Howell, Chair, reported

House Bill No. 4793, entitled

A bill to amend 1964 PA 170, entitled "An act to make uniform the liability of municipal corporations, political subdivisions, and the state, its agencies and departments, officers, employees, and volunteers thereof, and members of certain boards, councils, and task forces when engaged in the exercise or discharge of a governmental function, for injuries to property and persons; to define and limit this liability; to define and limit the liability of the state when engaged in a proprietary function; to authorize the purchase of liability insurance to protect against loss arising out of this liability; to provide for defending certain claims made against public officers and paying damages sought or awarded against them; to provide for the legal defense of public officers and employees; to provide for reimbursement of public officers and employees for certain legal expenses; and to repeal certain acts and parts of acts," by amending section 1 (MCL 691.1401), as amended by 1999 PA 205.

With the recommendation that the substitute (H-1) be adopted and that the bill then pass.

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

Favorable Roll Call

HB 4793 To Report Out:

Yeas: Reps. Howell, Richner, Bisbee, Faunce, Koetje, Voorhees, Adamini, Lipsey, Minore, Waters,

Nays: None.

COMMITTEE ATTENDANCE REPORT

The following report, submitted by Rep. Howell, Chair of the Committee on Civil Law and the Judiciary, was received and read:

Meeting held on: Thursday, May 31, 2001, at 10:00 a.m.,

Present: Reps. Howell, Richner, Bisbee, Faunce, Koetje, Sanborn, Voorhees, Adamini, Lipsey, Minore, Waters.

The Committee on Insurance and Financial Services, by Rep. Sanborn, Chair, reported

House Bill No. 4783, entitled

A bill to amend 1956 PA 218, entitled "The insurance code of 1956," by amending section 3355 (MCL 500.3355).

Without amendment and with the recommendation that the bill pass.

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

Favorable Roll Call

HB 4783 To Report Out:

Yeas: Reps. Sanborn, Bisbee, Ehardt, Hager, Julian, Middaugh, Richner, Scranton, Van Woerkom, Wojno, Anderson, Schermesser,

Nays: None.

The Committee on Insurance and Financial Services, by Rep. Sanborn, Chair, reported

House Bill No. 4784, entitled

A bill to amend 1956 PA 218, entitled "The insurance code of 1956," by amending section 3230 (MCL 500.3230).

Without amendment and with the recommendation that the bill pass.

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

Favorable Roll Call

HB 4784 To Report Out:

Yeas: Reps. Sanborn, Bisbee, Ehardt, Hager, Julian, Middaugh, Richner, Scranton, Van Woerkom, Wojno, Anderson, Schermesser,

Nays: None.

The Committee on Insurance and Financial Services, by Rep. Sanborn, Chair, reported

House Bill No. 4811, entitled

A bill to amend 1956 PA 218, entitled "The insurance code of 1956," by amending sections 5028, 5412, and 7918 (MCL 500.5028, 500.5412, and 500.7918), section 7918 as amended by 1980 PA 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

HB 4811 To Report Out:

Yeas: Reps. Sanborn, Bisbee, Ehardt, Hager, Julian, Middaugh, Richner, Scranton, Van Woerkom, Wojno, Anderson, Daniels, Schermesser,

Nays: None.

The Committee on Insurance and Financial Services, by Rep. Sanborn, Chair, reported

House Bill No. 4819, entitled

A bill to amend 1956 PA 218, entitled "The insurance code of 1956," by amending section 224 (MCL 500.224), as amended by 2000 PA 252; and to repeal acts and parts of acts.

Without amendment and with the recommendation that the bill pass.

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

Favorable Roll Call

HB 4819 To Report Out:

Yeas: Reps. Sanborn, Bisbee, Ehardt, Hager, Julian, Middaugh, Richner, Scranton, Van Woerkom, Wojno, Anderson, Daniels, Schermesser,

Nays: None.

COMMITTEE ATTENDANCE REPORT

The following report, submitted by Rep. Sanborn, Chair of the Committee on Insurance and Financial Services, was received and read:

Meeting held on: Thursday, May 31, 2001, at 10:30 a.m.,

Present: Reps. Sanborn, Bisbee, Ehardt, Hager, Julian, Middaugh, Richner, Scranton, Van Woerkom, Wojno, Anderson, Daniels, Schermesser,

Absent: Reps. Clark, Woodward,

Excused: Reps. Clark, Woodward.

The Committee on Redistricting and Elections, by Rep. Patterson, Chair, reported

House Bill No. 4105, entitled

A bill to amend 1954 PA 116, entitled "Michigan election law," by amending sections 758, 759, and 759b (MCL 168.758, 168.759, and 168.759b), section 758 as amended by 1996 PA 207 and section 759 as amended by 1995 PA 261.

Without amendment and with the recommendation that the bill pass.

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

Favorable Roll Call

HB 4105 To Report Out:

Yeas: Reps. Patterson, Richner, Bishop, Cassis, Hart, Quarles, Lemmons,

Nays: None.

The Committee on Redistricting and Elections, by Rep. Patterson, Chair, reported

House Bill No. 4162, entitled

A bill to amend 1954 PA 116, entitled "Michigan election law," (MCL 168.1 to 168.992) by adding section 659.

Without amendment and with the recommendation that the bill pass.

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

Favorable Roll Call

HB 4162 To Report Out:

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

Nays: None.

The Committee on Redistricting and Elections, by Rep. Patterson, Chair, reported

House Bill No. 4414, entitled

A bill to amend 1976 PA 451, entitled "The revised school code," by amending sections 859, 1053, and 1059 (MCL 380.859, 380.1053, and 380.1059), section 1053 as amended by 1993 PA 9 and section 1059 as amended by 1992 PA 263.

Without amendment and with the recommendation that the bill pass.

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

Favorable Roll Call

HB 4414 To Report Out:

Yeas: Reps. Patterson, Bishop, Cassis, Quarles, Jamnick, Lemmons,

Nays: None.

The Committee on Redistricting and Elections, by Rep. Patterson, Chair, reported

House Bill No. 4554, entitled

A bill to amend 1954 PA 116, entitled "Michigan election law," by amending sections 509t and 761 (MCL 168.509t and 168.761), section 509t as amended by 1998 PA 21 and section 761 as amended by 1996 PA 207.

Without amendment and with the recommendation that the bill pass.

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

Favorable Roll Call

HB 4554 To Report Out:

Yeas: Reps. Patterson, Allen, Bishop, Hart, Quarles, Lemmons,

Nays: None.

The Committee on Redistricting and Elections, by Rep. Patterson, Chair, reported

House Bill No. 4642, entitled

A bill to amend 1954 PA 116, entitled "Michigan election law," by amending section 509t (MCL 168.509t), as amended by 1998 PA 21.

Without amendment and with the recommendation that the bill pass.

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

Favorable Roll Call

HB 4642 To Report Out:

Yeas: Reps. Patterson, Allen, Bishop, Cassis, Hart, Quarles, Lemmons,

Nays: None.

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, May 31, 2001, at 10:30 a.m.,

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

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

House Resolution No. 124.

A resolution to memorialize the President and Congress of the United States to enact legislation to provide for government-furnished markers for the graves of all veterans.

(For text of resolution, see House Journal No. 42, p. 625.)

With the recommendation that the following substitute (H-1) be adopted and that the resolution then be adopted.

Substitute for House Resolution No. 124.

A resolution to memorialize the President and Congress of the United States to enact legislation to provide for government-furnished markers for the graves of all veterans.

Whereas, An important measure of a country's character is how it respects the men and women who have devoted themselves to their fellow citizens through a commitment of military service. This respect is productive not only in expressing thanks to those who have secured our freedoms through sacrifice and, for many, the cost of their lives, but also to remind all of our citizens of the price of our way of life. This lesson is most valuable for our young people; and

Whereas, Under present federal law, the Secretary of Veterans Affairs furnishes, upon request, an appropriate grave marker for veterans buried without any other marker. The stipulation that a veteran's grave must be unmarked has the impact of depriving many veterans of this honor. For example, a veteran's grave marked by a private headstone would be deprived of the honor of a veterans marker. This could happen because the family of the veteran did not know of the Veteran Affairs program at the time of passing. This law needs to be amended to extend markers of military service to mark the final resting places of all veterans for whom this designation is requested; and

Whereas, Congress is presently considering two bills, H.R. 1351 and S. 662, that would provide for a veterans marker or headstone for any veteran, including those whose gravesites may already be marked. Enacting these measures will extend due respect to all veterans and foster a greater sense of national gratitude to those who have preserved our liberties; now, therefore, be it

Resolved by the House of Representatives, That we memorialize the President and Congress of the United States to enact legislation to provide for government-furnished markers for the graves of all veterans; and be it further

Resolved, That copies of this resolution be transmitted to the Office of the President of the United States, 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 Speaker announced that under Rule 77 the resolution would lie over one day.

Favorable Roll Call

HR 124 To Report Out:

Yeas: Reps. Richardville, Woronchak, Allen, Patterson, Schermesser, Mans,

Nays: None.

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Thursday, May 31, 2001, at 9:00 a.m.,

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

Absent: Rep. Woodward.

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Thursday, May 31, 2001, at 9:00 a.m.,

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

Absent: Reps. Clark, McConico,

Excused: Reps. Clark, McConico.

Announcement by the Clerk of Printing and Enrollment

The Clerk announced that the following Senate bills had been received on Thursday, May 31:

Senate Bill Nos. 133 469 470 471 478 479 497 498

By unanimous consent the House returned to the order of

Messages from the Senate

House Bill No. 4253, entitled

A bill to make appropriations for community colleges and certain state purposes related to education for the fiscal year ending September 30, 2002; to provide for the expenditure of those appropriations; to establish or continue certain funds, programs, and categories; and to prescribe the powers and duties of certain state departments, institutions, agencies, employees, and officers.

The Senate has substituted (S-1) the bill.

The Senate has passed the bill as substituted (S-1) and ordered that it be given immediate effect.

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

House Bill No. 4254, entitled

A bill to make appropriations for the department of community health and certain state purposes related to mental health, public health, and medical services for the fiscal year ending September 30, 2002; to make, supplement, and adjust appropriations for certain projects for the fiscal year ending September 30, 2001; to provide for the expenditure of those appropriations; to create funds; to require and provide for reports; to prescribe the powers and duties of certain local and state agencies and departments; and to provide for disposition of fees and other income received by the various state agencies.

The Senate has substituted (S-1) the bill.

The Senate has passed the bill as substituted (S-1) and ordered that it be given immediate effect.

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

House Bill No. 4257, entitled

A bill to make appropriations for the department of environmental quality for the fiscal year ending September 30, 2002; to provide for the expenditure of those appropriations; to create certain funds and accounts; to require certain reports; to prescribe the powers and duties of certain state agencies and officials; to authorize certain transfers by certain state agencies; and to provide for the disposition of fees and other income received by the various state agencies.

The Senate has substituted (S-1) the bill.

The Senate has passed the bill as substituted (S-1).

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

House Bill No. 4258, 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, 2002; 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 substituted (S-1) the bill.

The Senate has passed the bill as substituted (S-1) and ordered that it be given immediate effect.

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

House Bill No. 4259, entitled

A bill to make appropriations for the department of natural resources for the fiscal year ending September 30, 2002; to provide for the expenditure of those appropriations; to create funds and accounts; to require reports; to prescribe certain powers and duties of certain state agencies and officials; to authorize certain transfers by certain state agencies; and to provide for the disposition of fees and other income received by the various state agencies.

The Senate has substituted (S-1) the bill.

The Senate has passed the bill as substituted (S-1).

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

Senate Bill No. 133, entitled

A bill to amend 1974 PA 163, entitled "L.E.I.N. policy council act of 1974," by amending the title and sections 1, 2, 3, 4, and 5 (MCL 28.211, 28.212, 28.213, 28.214, and 28.215), section 4 as amended by 2000 PA 320, and by adding sections 1a and 3a; and to repeal acts and parts of acts.

The Senate has passed the bill.

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

Senate Bill No. 469, entitled

A bill to amend 1949 PA 300, entitled "Michigan vehicle code," by amending sections 303, 307, 319, 617, and 904d (MCL 257.303, 257.307, 257.319, 257.617, and 257.904d), sections 303, 319, and 904d as amended by 2000 PA 460, section 307 as amended by 1999 PA 118, and section 617 as amended by 1989 PA 267, and by adding section 58c.

The Senate has passed the bill.

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

Senate Bill No. 470, entitled

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

The Senate has passed the bill.

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

Senate Bill No. 471, entitled

A bill to amend 1987 PA 173, entitled "Mortgage brokers, lenders, and servicers licensing act," by amending section 2 (MCL 445.1652), as amended by 1996 PA 210.

The Senate has passed the bill.

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

Senate Bill No. 478, entitled

A bill to amend 1925 PA 289, entitled "An act to create a bureau of criminal identification and records within the department of state police; to require peace officers, persons in charge of certain institutions, and others to make reports respecting juvenile offenses, crimes, and criminals to the state police; to require the fingerprinting of an accused by certain persons; and to provide penalties for violation of this act," by amending the title and sections 1, 1a, 2, 3, and 3a (MCL 28.241, 28.241a, 28.242, 28.243, and 28.243a), the title and sections 1 and 2 as amended by 1988 PA 40, section 1a as amended by 1996 PA 259, section 3 as amended by 1999 PA 266, and section 3a as amended by 1986 PA 231, and by adding section 8.

The Senate has passed the bill.

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

Senate Bill No. 479, entitled

A bill to amend 1927 PA 175, entitled "The code of criminal procedure," by amending section 16a of chapter IX (MCL 769.16a), as amended by 2000 PA 220.

The Senate has passed the bill.

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

Senate Bill No. 497, entitled

A bill to amend 1931 PA 328, entitled "The Michigan penal code," by amending sections 222 and 237 (MCL 750.222 and 750.237), section 222 as amended by 1992 PA 217.

The Senate has passed the bill.

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

Senate Bill No. 498, entitled

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

The Senate has passed the bill.

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

Communications from State Officers

The following communication from the Department of Treasury was received and read:

May 18, 2001

Public Act 77 of 1960, as amended, requires that the Michigan Higher Education Assistance Authority submit an annual report to the Governor and the Legislature. Enclosed, for your review, is the Annual Report for 1999-00 of both the Michigan Higher Education Assistance Authority and the Michigan Higher Education Student Loan Authority.

If you have any questions concerning this report, please feel free to contact me.

Sincerely,

Douglas B. Roberts

State Treasurer

The communication was referred to the Clerk.

The following communication from the Calhoun Intermediate School District was received and read:

May 18, 2001

Enclosed are copies of the revised Youth Plan and Comprehensive Adult Plan for the Workforce Investment Act (WIA), as developed by the Workforce Development Board and Chief Elected Officials of the Barry, Branch and Calhoun Michigan Works! Service delivery area.

Comments regarding the plans are to be directed in writing to the Workforce Development Board and Chief Elected Officials, in care of the Calhoun Intermediate School District, 17111 "G" Drive North, Marshall, MI 49068. If you have any questions, please contact our Workforce Development Team at 616-789-2409.

Yours truly,

Elaine Furu-Baker

Director of

Workforce Development

The communication was referred to the Clerk.

The following communications from the Auditor General were received and read:

May 24, 2001

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

Performance Audit of

Technology Services and the

Automated Information Systems

Department of Education

May 2001

May 25, 2001

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

Performance Audit of

Selected Community Colleges' Reporting of

Activities Classification Structure Data

July 1, 1999 through June 30, 2000

Sincerely,

Thomas H. McTavish, C.P.A.

Auditor General

The communications were referred to the Clerk and the accompanying reports referred to the Committee on House Oversight and Operations.

Introduction of Bills

Rep. Julian introduced

House Bill No. 4859, entitled

A bill to amend 1978 PA 368, entitled "Public health code," by amending section 7411 (MCL 333.7411), as amended by 1993 PA 169.

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

Rep. Mortimer introduced

House Bill No. 4860, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending section 43524 (MCL 324.43524), as amended by 1996 PA 585.

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

______

Rep. Minore moved that the House adjourn.

The motion prevailed, the time being 3:35 p.m.

Associate Speaker Pro Tempore Julian declared the House adjourned until Tuesday, June 5, at 10:00 a.m.

GARY L. RANDALL

Clerk of the House of Representatives.