hj06061t.049

No. 49

STATE OF MICHIGAN

JOURNAL

OF THE

House of Representatives

91st Legislature

REGULAR SESSION OF 2001

House Chamber, Lansing, Wednesday, June 6, 2001.

12:00 Noon.

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

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

Adamini--present

Allen--present

Anderson--present

Basham--present

Bernero--present

Birkholz--present

Bisbee--present

Bishop--present

Bogardus--present

Bovin--present

Bradstreet--present

Brown, Bob--present

Brown, Cameron--present

Brown, Rich--present

Callahan--present

Cassis--present

Caul--present

Clark--present

Clarke--e/d/s

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--excused

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--e/d/s

O'Neil--present

Pappageorge--present

Patterson--present

Pestka--present

Phillips--present

Plakas--present

Pumford--present

Quarles--excused

Raczkowski--present

Reeves--present

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--excused

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

Rev. Kirklin Hall, Pastor of Galilee Baptist Church in Lansing, offered the following invocation:

"Our Father in Heaven, we humbly come before You to give You the praise, honor and glory. We thank You for this day and for this opportunity. We ask You to bless this session. We ask You to bless our state Representatives--anoint their hearts and minds and give them power to make decisions that they stand in need of right now. We ask You to bless this great state. Bless our Governor, the Senators and bless the people of this state. We ask You to bless the food that we are about to receive. We give You the praise, the honor and the glory. In Your name we pray. Amen."

______

Rep. Jacobs moved that Reps. Hale, Quarles and Stallworth be excused from today's session.

The motion prevailed.

Reports of Standing Committees

The Speaker laid before the House

House Resolution No. 81.

A resolution to urge the Federal Communications Commission to approve the Michigan Public Service Commission's request for telecommunications number conservation techniques.

(For text of resolution, see House Journal No. 30, p. 422.)

(The resolution was reported by the Committee on Energy and Technology on May 23, with amendment, consideration of which, under the rules, was postponed until May 24.)

The question being on the adoption of the proposed amendment recommended by the Committee,

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

The question being on the adoption of the resolution,

The resolution was adopted.

The Speaker laid before the House

House Concurrent Resolution No. 29.

A concurrent resolution to urge the Federal Communications Commission to approve the Michigan Public Service Commission's request for telecommunications number conservation techniques.

(For text of resolution, see House Journal No. 29, p. 406.)

(The concurrent resolution was reported by the Committee on Energy and Technology on May 23, with amendment, consideration of which, under the rules, was postponed until May 24.)

(For amendment, see House Journal No. 44, p. 672.)

The question being on the adoption of the proposed amendment recommended by the Committee,

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

The question being on the adoption of the concurrent resolution,

The concurrent resolution was adopted.

Messages from the Senate

The Speaker laid before the House

House Bill No. 4255, entitled

A bill to make appropriations for the department of corrections and certain state purposes related to corrections for the fiscal year ending September 30, 2002; to provide for the expenditure of the appropriations; to provide for reports; to provide for the creation of certain advisory committees and boards; to prescribe certain powers and duties of the department of corrections, certain other state officers and agencies, and certain advisory committees and boards; to provide for the collection of certain funds; and to provide for the disposition of fees and other income received by certain state agencies.

(The bill was received from the Senate on May 30, with substitute (S-1) and immediate effect given by the Senate, consideration of which, under the rules, was postponed until May 31, see House Journal No. 46, p. 715.)

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

The substitute (S-1) was not concurred in, a majority of the members serving not voting therefor, by yeas and nays, as follows:

Roll Call No. 246 Yeas--1

Lemmons

Nays--100

Adamini Garza Lipsey Sanborn

Allen George Lockwood Schauer

Anderson Gieleghem Mans Schermesser

Basham Gilbert McConico Scranton

Bernero Godchaux Mead Shackleton

Birkholz Gosselin Meyer Sheltrown

Bisbee Hager Middaugh Shulman

Bishop Hansen Minore Spade

Bogardus Hardman Mortimer Stamas

Bovin Hart Murphy Stewart

Bradstreet Howell Neumann Switalski

Brown, B. Jacobs O'Neil Tabor

Brown, C. Jamnick Pappageorge Thomas

Brown, R. Jansen Patterson Toy

Callahan Jelinek Pestka Van Woerkom

Cassis Johnson, Rick Phillips Vander Roest

Clark, I. Johnson, Ruth Plakas Vander Veen

Daniels Julian Pumford Vear

DeRossett Kilpatrick Raczkowski Voorhees

DeVuyst Koetje Reeves Whitmer

DeWeese Kolb Richardville Williams

Drolet Kooiman Richner Wojno

Ehardt Kowall Rison Woodward

Faunce Kuipers Rivet Woronchak

Frank LaSata Rocca Zelenko

In The Chair: Julian

The Speaker laid before the House

House Bill No. 4256, entitled

A bill to make appropriations for the department of education and certain other purposes relating to education for the fiscal year ending September 30, 2002; to provide for the expenditure of the appropriations; to prescribe the powers and duties of certain state departments, school districts, and other governmental bodies; and to provide for the disposition of fees and other income received by certain legal entities and state agencies.

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

The substitute (S-1) was not concurred in, a majority of the members serving not voting therefor, by yeas and nays, as follows:

Roll Call No. 247 Yeas--0

Nays--103

Adamini Frank Lipsey Schauer

Allen Garza Lockwood Schermesser

Anderson George Mans Scranton

Basham Gieleghem McConico Shackleton

Bernero Gilbert Mead Sheltrown

Birkholz Godchaux Meyer Shulman

Bisbee Gosselin Middaugh Spade

Bishop Hager Minore Stamas

Bogardus Hansen Mortimer Stewart

Bovin Hardman Murphy Switalski

Bradstreet Hart Neumann Tabor

Brown, B. Howell O'Neil Thomas

Brown, C. Jacobs Pappageorge Toy

Brown, R. Jamnick Patterson Van Woerkom

Callahan Jansen Pestka Vander Roest

Cassis Jelinek Phillips Vander Veen

Caul Johnson, Rick Plakas Vear

Clark, I. Johnson, Ruth Pumford Voorhees

Daniels Julian Raczkowski Waters

Dennis Kilpatrick Reeves Whitmer

DeRossett Koetje Richardville Williams

DeVuyst Kolb Richner Wojno

DeWeese Kooiman Rison Woodward

Drolet Kowall Rivet Woronchak

Ehardt Kuipers Rocca Zelenko

Faunce LaSata Sanborn

In The Chair: Julian

The Speaker laid before the House

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 bill was received from the Senate on May 31, with substitute (S-1) and immediate effect given by the Senate, consideration of which, under the rules, was postponed until June 5, see House Journal No. 47, p. 795.)

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

The substitute (S-1) was not concurred in, a majority of the members serving not voting therefor, by yeas and nays, as follows:

Roll Call No. 248 Yeas--2

Lemmons Woronchak

Nays--99

Adamini Frank LaSata Schauer

Allen Garza Lipsey Schermesser

Anderson George Lockwood Scranton

Basham Gieleghem Mans Shackleton

Bernero Gilbert McConico Sheltrown

Birkholz Godchaux Mead Shulman

Bisbee Gosselin Meyer Spade

Bishop Hager Middaugh Stamas

Bogardus Hansen Minore Stewart

Bovin Hardman Mortimer Switalski

Bradstreet Hart Murphy Tabor

Brown, B. Howell Neumann Thomas

Brown, C. Jacobs Pappageorge Toy

Brown, R. Jamnick Patterson Van Woerkom

Callahan Jansen Pestka Vander Roest

Cassis Jelinek Phillips Vander Veen

Caul Johnson, Rick Plakas Vear

Daniels Johnson, Ruth Raczkowski Voorhees

Dennis Julian Reeves Waters

DeRossett Kilpatrick Richardville Whitmer

DeVuyst Koetje Richner Williams

DeWeese Kolb Rison Wojno

Drolet Kooiman Rivet Woodward

Ehardt Kowall Rocca Zelenko

Faunce Kuipers Sanborn

In The Chair: Julian

The Speaker laid before the House

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

The substitute (S-1) was not concurred in, a majority of the members serving not voting therefor, by yeas and nays, as follows:

Roll Call No. 249 Yeas--1

Lemmons

Nays--103

In The Chair: Julian

______

Reps. Clarke and Newell entered the House Chambers.

The Speaker laid before the House

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 bill was received from the Senate on May 31, with substitute (S-1), consideration of which, under the rules, was postponed until June 5, see House Journal No. 47, p. 796.)

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

The substitute (S-1) was not concurred in, a majority of the members serving not voting therefor, by yeas and nays, as follows:

Roll Call No. 250 Yeas--1

Lemmons

Nays--105

Adamini Frank Lipsey Sanborn

Allen Garza Lockwood Schauer

Anderson George Mans Schermesser

Basham Gieleghem McConico Scranton

Bernero Gilbert Mead Shackleton

Birkholz Godchaux Meyer Sheltrown

Bisbee Gosselin Middaugh Shulman

Bishop Hager Minore Spade

Bogardus Hansen Mortimer Stamas

Bovin Hardman Murphy Stewart

Bradstreet Hart Neumann Switalski

Brown, B. Howell Newell Tabor

Brown, C. Jacobs O'Neil Thomas

Brown, R. Jamnick Pappageorge Toy

Callahan Jansen Patterson Van Woerkom

Cassis Jelinek Pestka Vander Roest

Caul Johnson, Rick Phillips Vander Veen

Clark, I. Johnson, Ruth Plakas Vear

Clarke, H. Julian Pumford Voorhees

Daniels Kilpatrick Raczkowski Waters

Dennis Koetje Reeves Whitmer

DeRossett Kolb Richardville Williams

DeVuyst Kooiman Richner Wojno

DeWeese Kowall Rison Woodward

Drolet Kuipers Rivet Woronchak

Ehardt LaSata Rocca Zelenko

Faunce

In The Chair: Julian

The Speaker laid before the House

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

The substitute (S-1) was not concurred in, a majority of the members serving not voting therefor, by yeas and nays, as follows:

Roll Call No. 251 Yeas--43

Adamini Daniels Lockwood Rison

Anderson Frank Mans Schermesser

Basham Garza McConico Switalski

Bishop Gieleghem Minore Thomas

Bogardus Hansen Neumann Waters

Bovin Hardman O'Neil Williams

Brown, B. Jacobs Pestka Wojno

Brown, R. Jamnick Phillips Woodward

Callahan Kilpatrick Plakas Woronchak

Clark, I. Kolb Reeves Zelenko

Clarke, H. Lemmons Richner

Nays--62

Allen Gilbert Lipsey Scranton

Bernero Godchaux Mead Shackleton

Birkholz Gosselin Meyer Sheltrown

Bisbee Hager Middaugh Shulman

Bradstreet Hart Mortimer Spade

Brown, C. Howell Murphy Stamas

Cassis Jansen Newell Stewart

Caul Jelinek Pappageorge Tabor

Dennis Johnson, Rick Patterson Toy

DeRossett Johnson, Ruth Pumford Van Woerkom

DeVuyst Julian Raczkowski Vander Roest

DeWeese Koetje Richardville Vander Veen

Drolet Kooiman Rocca Vear

Ehardt Kowall Sanborn Voorhees

Faunce Kuipers Schauer Whitmer

George LaSata

In The Chair: Julian

______

Rep. Jacobs moved that Reps. Kilpatrick and Reeves be excused temporarily from today's session.

The motion prevailed.

The Speaker laid before the House

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 bill was received from the Senate on May 31, with substitute (S-1), consideration of which, under the rules, was postponed until June 5, see House Journal No. 47, p. 796.)

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

The substitute (S-1) was not concurred in, a majority of the members serving not voting therefor, by yeas and nays, as follows:

Roll Call No. 252 Yeas--1

Lemmons

Nays--102

Adamini Faunce Lipsey Schauer

Allen Frank Lockwood Schermesser

Anderson Garza Mans Scranton

Basham George McConico Shackleton

Bernero Gieleghem Mead Sheltrown

Birkholz Gilbert Meyer Shulman

Bisbee Godchaux Middaugh Spade

Bishop Gosselin Minore Stamas

Bogardus Hager Mortimer Stewart

Bovin Hansen Murphy Switalski

Bradstreet Hardman Neumann Tabor

Brown, B. Hart O'Neil Thomas

Brown, C. Howell Pappageorge Toy

Brown, R. Jacobs Patterson Van Woerkom

Callahan Jamnick Pestka Vander Roest

Cassis Jansen Phillips Vander Veen

Caul Jelinek Plakas Vear

Clark, I. Johnson, Rick Pumford Voorhees

Clarke, H. Johnson, Ruth Raczkowski Waters

Daniels Julian Richardville Whitmer

Dennis Koetje Richner Williams

DeRossett Kolb Rison Wojno

DeVuyst Kooiman Rivet Woodward

DeWeese Kowall Rocca Woronchak

Drolet Kuipers Sanborn Zelenko

Ehardt LaSata

In The Chair: Julian

Third Reading of Bills

House Bill No. 4596, entitled

A bill to amend 1949 PA 300, entitled "Michigan vehicle code," (MCL 257.1 to 257.923) by adding section 626c; and to repeal acts and parts of acts.

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

Roll Call No. 253 Yeas--104

Adamini Faunce Lemmons Sanborn

Allen Frank Lipsey Schauer

Anderson Garza Lockwood Schermesser

Basham George Mans Scranton

Bernero Gieleghem McConico Shackleton

Birkholz Gilbert Mead Sheltrown

Bisbee Godchaux Meyer Shulman

Bishop Gosselin Middaugh Spade

Bogardus Hager Minore Stamas

Bovin Hansen Mortimer Stewart

Bradstreet Hardman Murphy Switalski

Brown, B. Hart Neumann Tabor

Brown, C. Howell Newell Thomas

Brown, R. Jacobs O'Neil Toy

Callahan Jamnick Pappageorge Van Woerkom

Cassis Jansen Patterson Vander Roest

Caul Jelinek Pestka Vander Veen

Clark, I. Johnson, Rick Phillips Vear

Clarke, H. Johnson, Ruth Plakas Voorhees

Daniels Julian Pumford Waters

Dennis Koetje Raczkowski Whitmer

DeRossett Kolb Richardville Williams

DeVuyst Kooiman Richner Wojno

DeWeese Kowall Rison Woodward

Drolet Kuipers Rivet Woronchak

Ehardt LaSata Rocca Zelenko

Nays--0

In The Chair: Julian

The House agreed to the title of the bill.

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

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

House Bill No. 4597, entitled

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

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

Roll Call No. 254 Yeas--104

Allen Frank Lemmons Sanborn

Anderson Garza Lipsey Schauer

Basham George Lockwood Schermesser

Bernero Gieleghem Mans Scranton

Birkholz Gilbert McConico Shackleton

Bisbee Godchaux Mead Sheltrown

Bishop Gosselin Meyer Shulman

Bogardus Hager Middaugh Spade

Bovin Hansen Minore Stamas

Bradstreet Hardman Mortimer Stewart

Brown, B. Hart Murphy Switalski

Brown, C. Howell Neumann Tabor

Brown, R. Jacobs Newell Thomas

Callahan Jamnick O'Neil Toy

Cassis Jansen Pappageorge Van Woerkom

Caul Jelinek Patterson Vander Roest

Clark, I. Johnson, Rick Pestka Vander Veen

Clarke, H. Johnson, Ruth Phillips Vear

Daniels Julian Pumford Voorhees

Dennis Kilpatrick Raczkowski Waters

DeRossett Koetje Reeves Whitmer

DeVuyst Kolb Richardville Williams

DeWeese Kooiman Richner Wojno

Drolet Kowall Rison Woodward

Ehardt Kuipers Rivet Woronchak

Faunce LaSata Rocca Zelenko

Nays--0

In The Chair: Julian

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

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

A bill to amend 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 motion prevailed.

The House agreed to the title as amended.

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

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

House Bill No. 4813, entitled

A bill to amend 1949 PA 300, entitled "Michigan vehicle code," by amending sections 319 and 732 (MCL 257.319 and 257.732), as amended by 2000 PA 460.

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

Roll Call No. 255 Yeas--105

Allen Garza Lipsey Sanborn

Anderson George Lockwood Schauer

Basham Gieleghem Mans Schermesser

Bernero Gilbert McConico Scranton

Birkholz Godchaux Mead Shackleton

Bisbee Gosselin Meyer Sheltrown

Bishop Hager Middaugh Shulman

Bogardus Hansen Minore Spade

Bovin Hardman Mortimer Stamas

Bradstreet Hart Murphy Stewart

Brown, B. Howell Neumann Switalski

Brown, C. Jacobs Newell Tabor

Brown, R. Jamnick O'Neil Thomas

Callahan Jansen Pappageorge Toy

Cassis Jelinek Patterson Van Woerkom

Caul Johnson, Rick Pestka Vander Roest

Clark, I. Johnson, Ruth Phillips Vander Veen

Clarke, H. Julian Plakas Vear

Daniels Kilpatrick Pumford Voorhees

Dennis Koetje Raczkowski Waters

DeRossett Kolb Reeves Whitmer

DeVuyst Kooiman Richardville Williams

DeWeese Kowall Richner Wojno

Drolet Kuipers Rison Woodward

Ehardt LaSata Rivet Woronchak

Faunce Lemmons Rocca Zelenko

Frank

Nays--0

In The Chair: Julian

The House agreed to the title of the bill.

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

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

House Bill No. 4548, entitled

A bill to amend 1992 PA 147, entitled "Neighborhood enterprise zone act," by amending section 10 (MCL 207.780).

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

Roll Call No. 256 Yeas--106

Faunce Lemmons

Nays--0

In The Chair: Julian

The House agreed to the title of the bill.

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

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

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.

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

Roll Call No. 257 Yeas--69

Adamini Hansen Lockwood Schermesser

Allen Hart McConico Scranton

Anderson Howell Mead Shulman

Basham Jacobs Middaugh Spade

Birkholz Jamnick Minore Stamas

Bisbee Jansen Newell Stewart

Bishop Jelinek Pappageorge Switalski

Bovin Johnson, Rick Patterson Tabor

Brown, C. Johnson, Ruth Pestka Thomas

Caul Julian Phillips Toy

DeRossett Koetje Plakas Van Woerkom

DeVuyst Kolb Pumford Vander Roest

DeWeese Kooiman Raczkowski Vander Veen

Ehardt Kowall Richardville Vear

George Kuipers Richner Voorhees

Gilbert LaSata Rison Williams

Godchaux Lipsey Schauer Zelenko

Hager

Nays--36

Bernero Daniels Kilpatrick Rocca

Bogardus Dennis Lemmons Sanborn

Bradstreet Drolet Mans Shackleton

Brown, B. Faunce Meyer Sheltrown

Brown, R. Frank Murphy Waters

Callahan Garza Neumann Whitmer

Cassis Gieleghem O'Neil Wojno

Clark, I. Gosselin Reeves Woodward

Clarke, H. Hardman Rivet Woronchak

In The Chair: Julian

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

"An act to protect and promote the public health; to codify, revise, consolidate, classify, and add to the laws relating to public health; to provide for the prevention and control of diseases and disabilities; to provide for the classification, administration, regulation, financing, and maintenance of personal, environmental, and other health services and activities; to create or continue, and prescribe the powers and duties of, departments, boards, commissions, councils, committees, task forces, and other agencies; to prescribe the powers and duties of governmental entities and officials; to regulate occupations, facilities, and agencies affecting the public health; to regulate health maintenance organizations and certain third party administrators and insurers; to provide for the imposition of a regulatory fee; to promote the efficient and economical delivery of health care services, to provide for the appropriate utilization of health care facilities and services, and to provide for the closure of hospitals or consolidation of hospitals or services; to provide for the collection and use of data and information; to provide for the transfer of property; to provide certain immunity from liability; to regulate and prohibit the sale and offering for sale of drug paraphernalia under certain circumstances; to provide for the implementation of federal law; to provide for penalties and remedies; to provide for sanctions for violations of this act and local ordinances; to repeal certain acts and parts of acts; to repeal certain parts of this act; and to repeal certain parts of this act on specific dates,".

The House agreed to the full title.

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

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

______

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

The motion prevailed.

House Bill No. 4757, entitled

A bill to amend 1927 PA 175, entitled "The code of criminal procedure," by amending section 24 of chapter VII (MCL 767.24), as amended by 1987 PA 255.

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

Roll Call No. 258 Yeas--75

Allen Frank Mans Sanborn

Anderson George McConico Schermesser

Basham Gilbert Mead Shackleton

Bernero Gosselin Meyer Sheltrown

Birkholz Hager Middaugh Shulman

Bisbee Hansen Mortimer Spade

Bishop Hart Neumann Stamas

Bovin Howell Newell Stewart

Bradstreet Jacobs O'Neil Tabor

Brown, B. Jansen Pappageorge Toy

Brown, C. Jelinek Patterson Van Woerkom

Brown, R. Johnson, Rick Pestka Vander Roest

Callahan Johnson, Ruth Plakas Vander Veen

Cassis Julian Pumford Vear

Clarke, H. Kilpatrick Raczkowski Voorhees

DeRossett Kowall Richardville Wojno

DeVuyst Kuipers Rison Woronchak

Ehardt Lemmons Rivet Zelenko

Faunce Lockwood Rocca

Nays--30

Adamini Garza Lipsey Scranton

Bogardus Gieleghem Minore Switalski

Caul Godchaux Murphy Thomas

Clark, I. Hardman Phillips Waters

Daniels Jamnick Reeves Whitmer

Dennis Koetje Richner Williams

DeWeese Kolb Schauer Woodward

Drolet LaSata

In The Chair: Julian

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

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

A bill to amend 1927 PA 175, entitled "The code of criminal procedure," by amending section 24 of chapter VII (MCL 767.24), as amended by 2001 PA 6.

The motion prevailed.

The House agreed to the title as amended.

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

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

Reps. Anderson, Basham, Bernero, Callahan, Clarke, Ehardt, Howell, Jacobs, Jelinek, Kilpatrick, Kowall, Lemmons, Meyer, Pappageorge, Plakas, Richardville, Shackleton, Toy, Vander Roest, Voorhees and Zelenko were named co-sponsors of the bill.

______

Rep. Kilpatrick, under Rule 33, made the following statement:

"Mr. Speaker and members of the House:

I was absent from the Chamber when the vote was taken on Roll Call Nos. 252 and 253. Had I been present, I would have voted 'yea'."

Rep. Reeves, under Rule 33, made the following statement:

"Mr. Speaker and members of the House:

I was absent from the Chamber when the vote was taken on Roll Call Nos. 252 and 253. Had I been present, I would have voted 'yea'."

House Bill No. 4507, entitled

A bill to amend 1937 PA 94, entitled "Use tax act," by amending section 5 (MCL 205.95).

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

Roll Call No. 259 Yeas--103

Allen Garza Lockwood Schauer

Anderson George Mans Schermesser

Basham Gieleghem McConico Scranton

Birkholz Gilbert Mead Shackleton

Bisbee Godchaux Meyer Sheltrown

Bishop Gosselin Middaugh Shulman

Bogardus Hager Minore Spade

Bovin Hansen Mortimer Stamas

Bradstreet Hardman Murphy Stewart

Brown, B. Hart Neumann Switalski

Brown, C. Howell Newell Tabor

Brown, R. Jacobs O'Neil Thomas

Callahan Jansen Pappageorge Toy

Cassis Jelinek Patterson Van Woerkom

Caul Johnson, Rick Pestka Vander Roest

Clark, I. Johnson, Ruth Phillips Vander Veen

Clarke, H. Julian Plakas Vear

Daniels Kilpatrick Pumford Voorhees

Dennis Koetje Raczkowski Waters

DeRossett Kolb Reeves Whitmer

DeVuyst Kooiman Richardville Williams

DeWeese Kowall Richner Wojno

Drolet Kuipers Rison Woodward

Ehardt LaSata Rivet Woronchak

Faunce Lemmons Rocca Zelenko

Frank Lipsey Sanborn

Nays--2

Bernero Jamnick

In The Chair: Julian

The House agreed to the title of the bill.

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

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

House Bill No. 4776, entitled

A bill to amend 1978 PA 368, entitled "Public health code," by amending sections 16131, 16263, and 21720 (MCL 333.16131, 333.16263, and 333.21720), sections 16131 and 16263 as amended by 2000 PA 11, and by adding section 16328 and part 173; and to repeal acts and parts of acts.

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

Roll Call No. 260 Yeas--106

Faunce Lemmons

Nays--0

In The Chair: Julian

The House agreed to the title of the bill.

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

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

House Bill No. 4792, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending section 5522 (MCL 324.5522), as amended by 1998 PA 245.

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

Roll Call No. 261 Yeas--73

Adamini Gilbert Mans Schauer

Allen Godchaux McConico Scranton

Birkholz Gosselin Mead Shackleton

Bisbee Hager Meyer Sheltrown

Bishop Hart Middaugh Shulman

Bovin Howell Mortimer Spade

Bradstreet Jansen Newell Stamas

Brown, B. Jelinek O'Neil Stewart

Brown, C. Johnson, Rick Pappageorge Switalski

Brown, R. Johnson, Ruth Patterson Tabor

Cassis Julian Pestka Toy

Caul Kilpatrick Pumford Van Woerkom

DeRossett Koetje Raczkowski Vander Roest

DeVuyst Kooiman Richardville Vander Veen

DeWeese Kowall Richner Vear

Drolet Kuipers Rivet Voorhees

Ehardt LaSata Rocca Woronchak

Faunce Lockwood Sanborn Zelenko

George

Nays--32

Anderson Dennis Kolb Rison

Basham Frank Lipsey Schermesser

Bernero Garza Minore Thomas

Bogardus Gieleghem Murphy Waters

Callahan Hansen Neumann Whitmer

Clark, I. Hardman Phillips Williams

Clarke, H. Jacobs Plakas Wojno

Daniels Jamnick Reeves Woodward

In The Chair: Julian

The House agreed to the title of the bill.

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

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

______

Rep. Callahan, 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:

The proposed fee increase does not generate enough revenue to properly fund the DEQ permit and enforcement procedures. The fees should be set high enough to adequately fund the program."

Reps. Minore, Plakas, Murphy, Rison, Clark, Basham, Anderson, Jacobs, Garza, McConico, Hardman, Daniels, Phillips, Dennis, Jamnick, Williams, Wojno, Hansen, Neumann, Clarke, Whitmer, Woodward and Waters having reserved the right to explain their protest against the passage of the bill, made the following statement:

"Mr. Speaker and members of the House:

I voted no on House Bill 4792 because it will not raise the funding necessary for the Department of Environmental Quality to run an effective air permitting, compliance and enforcement program. The bill is projected to raise $12.2 million in the FY 2002 based on current emissions levels. However, with annual emissions expected to continue to decline, revenues will likely fall below the level the Department testified it minimally needs to maintain an adequate program."

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

"Mr. Speaker and members of the House:

I voted no on House Bill 4792 because it will not raise the funding necessary for the Department of Environmental Quality to run an effective air permitting, compliance and enforcement program. The Department's own report found that it needed more funds than this bill will generate. A Legislatively mandated Task Force prepared and agreed to by representatives from MDEQ, the regulated community and environmental groups concluded that with a constant level of General Fund dollars the Air Emission fees needed to generate $12,800,000 per year for year 2002-2007. This bill is projected to raise $12,200,000 in the FY 2002, but an analysis by the Legislative Service Bureau shows that this bill will only generate $11,600,000 in FY 2002 and only $9,500,000 in FY 2005. Annual emissions are expected to continue to decline, revenues will continue to decline, costs of the program will continue to increase which taken together will make revenues to fall below the level the Department testified it minimally needs to maintain an adequate program. The Department of Environmental Quality admits to only operating a 'bare bones' program. Currently, the Air Quality Division of the DEQ does not conduct annual inspections of major sources, and furthermore the AQD rarely conducts a complete Level II inspection - sufficient to determine compliance with a permit. The health of the citizens of Michigan requires an adequately funded Air Quality Program and this bill unfortunately does not produce the necessary funds to ensure that the Department of Environmental Quality can implement an effective air permitting, compliance and enforcement program. The people of our great state desire better."

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

"Mr. Speaker and members of the House:

I voted no on HB 4792 because it does not provide adequate protection for the children of our state. Air pollution is a prominent factor in respiratory conditions such as asthma. As the new parent of an asthmatic child who recently suffered an asthma attack, I have personally seen the effects of this condition. Our own nonpartisan fiscal agency's analysis shows this bill will not generate enough revenue to cover the cost of inspections needed to guarantee a decrease in air pollution. The result will be a degradation of air quality in our state. It is irresponsible to pass a bill which is inadequate."

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

"Mr. Speaker and members of the House:

I voted no on House Bill 4792 because it will not raise the funding necessary for the Department of Environmental Quality to run an effective air permitting, compliance and enforcement program. The bill is projected to raise $12.2 million in the FY 2002 based on current emissions levels. However, with annual emissions expected to continue to decline, revenues will likely fall below the level the Department testified it minimally needs to maintain an adequate program. The shortfall will necessarily come out of general fund revenues."

Second Reading of Bills

House Bill No. 4627, entitled

A bill to define certain rights and responsibilities of hotels and bed and breakfasts with respect to renting or leasing hotel or bed and breakfast rooms to minors; and for related purposes.

The bill was read a second time.

Rep. Allen moved to substitute (H-1) the bill.

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

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

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

Rep. Bernero demanded the yeas and nays.

The demand was supported.

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

The substitute (H-2) was not adopted, a majority of the members serving not voting therefor, by yeas and nays, as follows:

Roll Call No. 262 Yeas--18

Anderson Daniels Minore Waters

Bernero Frank Murphy Williams

Brown, B. Gieleghem Phillips Wojno

Callahan Hardman Rison Woodward

Clark, I. Mans

Nays--80

Adamini George Kuipers Sanborn

Allen Gilbert LaSata Schauer

Basham Godchaux Lipsey Scranton

Birkholz Gosselin Lockwood Shackleton

Bisbee Hager McConico Sheltrown

Bishop Hansen Mead Shulman

Bogardus Hart Meyer Spade

Bovin Howell Middaugh Stamas

Bradstreet Jacobs Mortimer Stewart

Brown, C. Jamnick Neumann Switalski

Brown, R. Jansen Newell Tabor

Cassis Jelinek Pappageorge Toy

Caul Johnson, Rick Patterson Van Woerkom

Clarke, H. Johnson, Ruth Pestka Vander Roest

DeRossett Julian Pumford Vander Veen

DeVuyst Kilpatrick Raczkowski Vear

DeWeese Koetje Richardville Voorhees

Drolet Kolb Richner Whitmer

Ehardt Kooiman Rivet Woronchak

Faunce Kowall Rocca Zelenko

In The Chair: Julian

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

The motion prevailed.

Senate Bill No. 350, entitled

A bill to amend 1988 PA 466, entitled "Animal industry act," by amending section 26a (MCL 287.726a), as added by 2000 PA 323; and to repeal acts and parts of acts.

Was read a second time, and the question being on the adoption of the proposed substitute (H-2) previously recommended by the Committee on Agriculture and Resource Management,

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

Reps. Sheltrown and Julian moved to amend the bill as follows:

1. Amend page 6, line 4, after "TESTED" by striking out the balance of the line through "THEREAFTER." on line 6 and inserting "BY APRIL 30, 2002.".

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

Rep. Julian moved to amend the bill as follows:

1. Amend page 6, line 1, after "(6)" by striking out the balance of the line through "NURSING." on line 8.

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

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

The motion prevailed.

Senate Bill No. 195, entitled

A bill to amend 1941 PA 207, entitled "Fire prevention code," by amending section 6 (MCL 29.6).

The bill was read a second time.

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

The motion prevailed.

______

Rep. Patterson 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. Shulman, Birkholz, Kooiman, Julian, Lemmons, Plakas, Drolet, Patterson, Murphy, Gosselin, DeVuyst, Anderson, Pappageorge, Adamini, Cassis, Ruth Johnson, Kolb, Jacobs, Hager, Bogardus, Vander Veen, Van Woerkom, Schauer, Phillips, Scranton, Raczkowski, Whitmer, Koetje, Voorhees, Vander Roest, Faunce, Bradstreet, Hansen, Richardville, Mead, Gieleghem, Woodward, Rocca, Rich Brown, Switalski, Neumann, Zelenko, Dennis, Frank, Lockwood, Caul, Lipsey, Ehardt, Sanborn, Kilpatrick, Bovin, Jamnick, McConico, Jansen, Pestka, Kowall, Bishop, Toy and Vear offered the following resolution:

House Resolution No. 141.

A resolution condemning the Taliban's use of Nazi-like tactics to force Hindus in Afghanistan to wear symbols identifying them as Hindu.

Whereas, The Universal Declaration of Human Rights and the International Covenant on Civil and Political Rights guarantee the freedom of religion; and

Whereas, On Tuesday, May 22, 2001, the Taliban regime of Afghanistan directed Hindus to wear an identity label and Hindu women to cover themselves in yellow veils; and

Whereas, This proposal is reminiscent of the yellow Star of David that Jews were forced to wear in Nazi Germany and Nazi occupied areas; and

Whereas, A State Department spokesperson, Richard Boucher, condemned the Taliban action, stating that "Forcing social groups to wear distinctive clothing or identifying marks stigmatizes and isolates those groups and can never, never be justified"; and

Whereas, The Taliban regime recently offended the world by ordering the destruction of all pre-Islamic statues in Afghanistan, among them a pair of 1,600-year-old, 100-foot tall statues of Buddha that were carved out of a mountainside; now, therefore, be it

Resolved by the House of Representatives, That we strongly condemn the Taliban's use of Nazi-like tactics to force Hindus in Afghanistan to wear symbols identifying them as Hindu. We urge the United States Congress and the State Department to join with people of all faiths around the world in standing against the religious persecution by the Taliban regime and we urge federal officials to do all they can to demand that the Taliban regime immediately revoke its order stigmatizing Hindus and non-Muslims in Afghanistan and conform its laws to all basic international civil and human rights standards; and be it further

Resolved, That copies of this resolution be transmitted to the United States Secretary of State, the President of the United States Senate, the Speaker of the United States House of Representatives, and the members of the Michigan congressional delegation.

Pending the reference of the resolution to a committee,

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

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

The question being on the adoption of the resolution,

The resolution was adopted.

Reps. Lemmons, Raczkowski, Vander Veen, Wojno, Whitmer, Cassis, Koetje, Shulman, Bernero, Jacobs, Van Woerkom, Kolb, Adamini, Faunce, Gosselin, Hansen, Richardville, Reeves, Hardman, Woodward, Anderson, Daniels, Rocca, Rich Brown, Switalski, Neumann, Zelenko, Dennis, Schauer, Lipsey, Ehardt, Scranton, Spade, Kilpatrick, Murphy, Bovin, Bogardus, Jamnick, Rivet, Clark, McConico, Thomas, Waters, Birkholz, Hager, Bishop, Toy, Pappageorge and Vear offered the following resolution:

House Resolution No. 142.

A resolution honoring Reverend Mother Charleszetta Waddles.

Whereas, Reverend Mother Charleszetta Waddles has, with commendable care and concern, provided outstanding service to the people of Detroit and Hamtramack as the founder of the Mother Waddles Perpetual Mission, Inc., located in Hamtramack, Michigan. On this occasion, it is most appropriate to offer this expression of the value that we all place on the work that Reverend Mother Charleszetta Waddles has undertaken and handled so well in seeking to protect and preserve the vulnerable members of our society; and

Whereas, Through her dedicated efforts with the mission, Reverend Mother Charleszetta Waddles has clearly put into action the highest standards of citizenship and unselfishness. This concern for others is the life of service she has dedicated herself to in order to better the lives of others; and

Whereas, Born on October 7, 1912, in St. Louis, Missouri, Mother Waddles had to quit school when she was 12 years old, due to the death of her father. She cared for her bedridden mother and two younger sisters. She married at an early age and they had a daughter. She, her husband, and daughter moved to Detroit because of the job opportunities in the automotive industry. While living in Detroit, they had nine more children. She later was divorced and left to raise their ten children alone. Welfare was not enough to make ends meet, so Mother Waddles continued to be resourceful by taking in laundry, cooking and selling barbecue dinners, and working aggressively in other ways to supplement the family's income. She stretched her dollars at the Salvation Army and Goodwill Thrift Stores. She kept her house neat and clean and her children well-dressed. She joined a small church and sold barbecue dinners at church fundraisers. There, she met Payton Waddles and they fell in love and got married. During their marriage they were both ordained ministers. Mother Waddles was supported wholeheartedly by her husband when she had a vision to start a mission to help the underprivileged. Her husband gave a large portion of his Ford Motor Company checks to help out this endeavor. Mother Waddles formed a prayer band with some other concerned women and they were soon helping members in trouble and even saved a member's home from foreclosure; and

Whereas, Starting out by giving free bread, cakes, and pies to needy families, Mother Waddles opened her first $0.35 kitchen in 1956. She soon expanded her emergency assistance program to needy families by supplying food, clothing, and shelter. Mother Waddles struggles daily to operate her mission since she receives no regular grants or corporate contributions. Yet, this inspired and gutsy fighter for the people manages to serve over 4,500 needy people a month. Throughout the years, she has aided over 2,000,000 people. Her ministry extends through Detroit and Hamtramack to India and Africa; and

Whereas, Reverend Mother Charleszetta Waddles has been celebrated in the media. She has been featured in Life magazine, Reader's Digest, Time, National Geographic, Ebony, and others. She has received over 300 awards for her tireless efforts on behalf of the poor, and has been recognized by Vice President Hubert Humphrey, President Richard Nixon, and President Bill Clinton; and

Whereas, The quality of a concerned citizen, like Mother Waddles, has a significant impact on any community as she serves food to the hungry, provides shelter to homeless families, assists wayward travelers, provides financial support to bury a loved one, and prevents someone's utilities from being turned off. We all rely on people like Reverend Mother Charleszetta Waddles for the care and support of the vulnerable members of our community and society; now, therefore, be it

Resolved by the House of Representatives, That the members of this legislative body honor Reverend Mother Charleszetta Waddles for her admirable work on behalf of the poor and needy. May Reverend Mother Charleszetta Waddles and her family enjoy the health and happiness her efforts have earned them; and be it further

Resolved, That a copy of this resolution be transmitted to Reverend Mother Charleszetta Waddles as evidence of our best wishes for the future.

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. Vander Roest, DeVuyst, Raczkowski, Vander Veen, Wojno, Whitmer, Cassis, Koetje, Shulman, Voorhees, Jacobs, Cameron Brown, Van Woerkom, Kolb, Adamini, Faunce, Bradstreet, Hansen, Richardville, Mead, Gieleghem, Rocca, Rich Brown, Switalski, Neumann, Zelenko, Dennis, Schauer, Caul, Lipsey, Ehardt, Sanborn, Scranton, Spade, Kilpatrick, Murphy, Bogardus, Jamnick, McConico, Jansen, Kooiman, Birkholz, Hager, Bishop, Toy, Pappageorge, Bisbee and Vear offered the following resolution:

House Resolution No. 143.

A resolution establishing a sister-city relationship between Noisy-le-Roi, France and the City of Albion, Michigan, U.S.A.

Whereas, The French are among the most trusted friends and allies of the American people. They have an environment rich in culture, history, and art. They are important trading partners of the American people. It is incumbent on the people of Michigan to foster this relationship and no better way of doing so exists than in establishing a sister-city relationship between our two peoples; and

Whereas, In a complex world it is very important to promote greater world understanding by learning more about the people of different nations. Such actions are mutually beneficial and encourage social, economic, educational, and cultural programs through which all nations are enriched and increased world understanding is created; and

Whereas, Noisy-le-Roi, France is wealthy in agricultural and horticultural heritage. It is wealthy, too, in its people, as we are in Michigan. It would be in our own interest and in the interest of Noisy-le-Roi, France to foster a strengthening of our current knowledge of one another by creating a sister-city relationship between Noisy-le-Roi, France and Albion, Michigan; now, therefore, be it

Resolved by the House of Representatives, That the members of this legislative body hereby establish a sister-city relationship between Noisy-le-Roi, France and Albion, Michigan. We invite the people and government of France to conduct mutually beneficial social, economic, educational, and cultural programs to bring our citizens closer together and to strengthen international understanding and goodwill; and be it further

Resolved, That a copy of this resolution be transmitted to Noisy-le-Roi, France as a token of our esteem.

Pending the reference of the resolution to a committee,

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

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

The question being on the adoption of the resolution,

The resolution was adopted.

Reps. Bernero, Vander Veen, Wojno, Whitmer, Jacobs, Kolb, Adamini, Faunce, Hansen, Reeves, Hardman, Gieleghem, Woodward, Daniels, Rich Brown, Switalski, Neumann, Zelenko, Dennis, Schauer, Lipsey, Lemmons, Ehardt, Spade, Kilpatrick, Murphy, Bovin, Bogardus, Jamnick, Rivet, Clark, McConico, Thomas, Waters, Birkholz, Toy, Pappageorge and Vear offered the following resolution:

House Resolution No. 144.

A resolution honoring Nhia Lee.

Whereas, It is a great pleasure to honor Nhia Lee upon his selection for the Knight Ridder Scholars Program; and

Whereas, During the Vietnam War, the Lee family was forced out of their homeland of Laos and into Thailand as refugees. Among the hardships and starvation, Nhia Lee was born to strong-willed and caring parents; and

Whereas, In 1985, the Lee family was sponsored by a Michigan church to immigrate to the United States and start a new life. Learning a new language and culture proved difficult, but Nhia's parents continued to teach and strengthen their Hmong heritage. While cultural and social barriers can make it difficult for Hmong children to realize their dreams in America, Nhia dreams of becoming a successful journalist and inspiring others to achieve whatever they aspire to do, showing that an impoverished youth is no obstacle to national success; and

Whereas, Nhia Lee maintains an exemplary grade point average, is features editor for the Everett High School newspaper "The Voice", and is President of the Mayor's Lansing Youth Council; and

Whereas, Nhia Lee has been honored by the Knight Ridder Corporation, as part of its Minority Scholars Class of 2001, for the essay he wrote of his family's experiences, hopes, and dreams. He will receive, as his award, a $40,000 scholarship, four paid internships at Knight Ridder newspapers during his schooling, and employment upon his completion of college; now, therefore, be it

Resolved by the House of Representatives, That the members of this legislative body join in honoring Nhia Lee upon his selection for the Knight Ridder Scholars Program, extending our highest accolades of commendation; and be it further

Resolved, That a copy of this resolution be transmitted to Nhia Lee as a token of our esteem for his fine accomplishment.

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. Bernero, DeVuyst, Raczkowski, Vander Veen, Wojno, Whitmer, Koetje, Jacobs, Vander Roest, Van Woerkom, Kolb, Adamini, Faunce, Hansen, Reeves, Hardman, Gieleghem, Woodward, Anderson, Daniels, Rich Brown, Switalski, Neumann, Sheltrown, Zelenko, Dennis, Frank, Schauer, Caul, Lipsey, Lemmons, Ehardt, Spade, Kilpatrick, Murphy, Bovin, Bogardus, Jamnick, Rivet, Clark, McConico, Thomas, Waters, Birkholz, Toy, Pappageorge and Vear offered the following resolution:

House Resolution No. 145.

A resolution honoring Tyler Boersen for winning the national John F. Kennedy Library's Profile in Courage Essay Contest.

Whereas, We are proud to join with family, friends, and community members in congratulating Tyler Boersen for winning the national John F. Kennedy Library's Profile in Courage Essay Contest. The excellence exhibited in the essay written by this talented and hardworking young man provides an outstanding example of the rewards gained when determination is combined effectively with classroom learning; and

Whereas, Tyler is a gifted scholar and committed volunteer. He has clearly been a model for all young people. His indefatigable energy and will to serve his community is every bit as impressive as his ability to write; and

Whereas, Winning first place out of 1,176 essays and having compiled many achievements in his four years at Haslett High School, Tyler has charted a course for extraordinary success, not only as a student, but as an exemplary citizen and leader in our great state and the United States. He has served as President of Student Council for two years and accumulated a grade point average of 4.03, which earned him membership to the National Honor Society; and

Whereas, Tyler has thrived and accomplished much under the love, guidance, and sagacious tutelage of his parents, Gary and Sally. He was also taught the importance of community service. His talents have been valued as a D.A.R.E. role model, mentor for elementary students, and an outstanding staff member of the Michigan House of Representatives. Indeed, Tyler has been a source of pride not only to his parents, but also to co-workers and classmates; now, therefore, be it

Resolved by the House of Representatives, That the members of this legislative body honor Tyler Boersen for his outstanding accomplishment as a prize-winning essayist. May his determination grow stronger each day and positively influence his every endeavor in the many years ahead; and be it further

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

Pending the reference of the resolution to a committee,

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

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

The question being on the adoption of the resolution,

The resolution was adopted.

Reps. Thomas, DeVuyst, Raczkowski, Vander Veen, Wojno, Whitmer, Cassis, Koetje, Shulman, Voorhees, Bernero, Jacobs, Vander Roest, Van Woerkom, Callahan, Kolb, Adamini, Faunce, Gosselin, Bradstreet, Hansen, Richardville, Mead, Gieleghem, Woodward, Garza, Anderson, Daniels, Rocca, Rich Brown, Switalski, Neumann, Sheltrown, Zelenko, Dennis, Frank, Lockwood, Schauer, Caul, Lipsey, Lemmons, Ehardt, Sanborn, Scranton, Spade, Kilpatrick, Murphy, Bovin, Bogardus, Jamnick, Rivet, Clark, McConico, Pestka, Kooiman, Waters, Birkholz, Bishop, Toy, Pappageorge, Bisbee and Vear offered the following resolution:

House Resolution No. 146.

A resolution to commemorate June 9, 2001, as Childhood Cancer Survivors' Day.

Whereas, Today, over 200,000 Americans are survivors of childhood cancer, thanks to advances in early cancer detection, treatment, and research; and

Whereas, Children's Hospital of Michigan, the oldest and largest hospital caring for the children of Michigan, has an active and productive cancer survivor population, demonstrating that a cancer diagnosis is no longer an automatic death sentence; and

Whereas, Communities all across America will be celebrating life on Saturday, June 9, as part of the world's largest cancer survivor event, the 14th annual National Cancer Survivors' Day; now, therefore, be it

Resolved by the House of Representatives, That the members of this legislative body commemorate June 9, 2000, as Childhood Cancer Survivors' Day in the state of Michigan and we urge all citizens to join in this joyous celebration of life; and be it further

Resolved, That a copy of this resolution be transmitted to the Children's Hospital of Michigan as evidence of our support for their endeavors.

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. Reeves, Vander Veen, Wojno, Whitmer, Koetje, Voorhees, Bernero, Jacobs, Vander Roest, Van Woerkom, Kolb, Adamini, Faunce, Bradstreet, Hansen, Mead, Hardman, Gieleghem, Woodward, Garza, Anderson, Daniels, Rich Brown, Switalski, Neumann, Sheltrown, Zelenko, Dennis, Frank, Schauer, Lipsey, Lemmons, Ehardt, Scranton, Spade, Kilpatrick, Murphy, Bovin, Bogardus, Jamnick, Rivet, Clark, McConico, Plakas, Thomas, Jansen, Pestka, Waters, Birkholz, Bishop, Toy, Pappageorge and Vear offered the following resolution:

House Resolution No. 147.

A resolution honoring Samuel Gompers Elementary School.

Whereas, It is with great pleasure we commend the students, teachers, staff, and parents of Samuel Gompers Elementary School upon its selection to receive special honors with the U.S. Department of Education's prestigious National Blue Ribbon Award. This recognition is a well-earned milestone, symbolic of innovation, planning, and commitment to education, which is one of the greatest gifts we can give our children; and

Whereas, Attaining the level of excellence reflected at Samuel Gompers Elementary School is attributed to a unity of purpose that brings together all the elements of a successful learning environment. By using a team approach, the administration and teachers have been able to deal effectively with the wide range of influences necessary to prepare our young people for the challenges of tomorrow; and

Whereas, Principal Marilee Bylsma and all the good parents of Samuel Gompers Elementary School realize that a key part of achieving great results is by expecting great results. These students have proved this theory by accepting nothing less than their best. Clearly, the fortunate students at Samuel Gompers Elementary are on the path to a quality education; now, therefore, be it

Resolved by the House of Representatives, That the members of this legislative body honor the students, teachers, staff, and parents of Samuel Gompers Elementary School as they receive the National Blue Ribbon Award. We look forward to the continuation of this excellent record; and be it further

Resolved, That a copy of this resolution be transmitted to Samuel Gompers Elementary School as a token of our esteem.

Pending the reference of the resolution to a committee,

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

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

The question being on the adoption of the resolution,

The resolution was adopted.

Reports of Standing Committees

The Committee on Local Government and Urban Policy, by Rep. Birkholz, Chair, reported

House Bill No. 4799, entitled

A bill to amend 1909 PA 279, entitled "The home rule city act," (MCL 117.1 to 117.38) by adding section 5j.

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 4799 To Report Out:

Yeas: Reps. Birkholz, Hager, Drolet, Gilbert, Gosselin, Richardville, Jamnick, Dennis, McConico,

Nays: None.

The Committee on Local Government and Urban Policy, by Rep. Birkholz, Chair, reported

Senate Bill No. 360, entitled

A bill to amend 1909 PA 279, entitled "The home rule city act," (MCL 117.1 to 117.38) by adding section 4o.

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

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

Favorable Roll Call

SB 360 To Report Out:

Yeas: Reps. Birkholz, Hager, Gilbert, Gosselin, Richardville, McConico,

Nays: Rep. Drolet.

The Committee on Local Government and Urban Policy, by Rep. Birkholz, Chair, reported

Senate Bill No. 361, entitled

A bill to amend 1976 PA 267, entitled "Open meetings act," by amending section 2 (MCL 15.262).

Without amendment and with the recommendation that the bill pass.

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

Favorable Roll Call

SB 361 To Report Out:

Yeas: Reps. Birkholz, Hager, Drolet, Gilbert, Gosselin, Richardville, McConico,

Nays: None.

COMMITTEE ATTENDANCE REPORT

The following report, submitted by Rep. Birkholz, Chair of the Committee on Local Government and Urban Policy, was received and read:

Meeting held on: Tuesday, June 5, 2001, at 12:00 Noon,

Present: Reps. Birkholz, Hager, Drolet, Gilbert, Gosselin, Richardville, Jamnick, Dennis, McConico,

Absent: Reps. Sanborn, Hardman,

Excused: Reps. Sanborn, Hardman.

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

Senate Bill No. 493, entitled

A bill to amend 1956 PA 218, entitled "The insurance code of 1956," by amending section 1242 (MCL 500.1242).

Without amendment and with the recommendation that the bill pass.

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

Favorable Roll Call

SB 493 To Report Out:

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

Nays: None.

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

Senate Bill No. 496, entitled

A bill to amend 1956 PA 218, entitled "The insurance code of 1956," by amending section 456 (MCL 500.456), as amended by 1989 PA 214.

Without amendment and with the recommendation that the bill pass.

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

Favorable Roll Call

SB 496 To Report Out:

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

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: Wednesday, June 6, 2001, at 10:30 a.m.,

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

Absent: Reps. Richner, Clark,

Excused: Reps. Richner, Clark.

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: Wednesday, June 6, 2001, at 9:00 a.m.,

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

COMMITTEE ATTENDANCE REPORT

The following report, submitted by Rep. Bradstreet, Chair of the Committee on Energy and Technology, was received and read:

Meeting held on: Wednesday, June 6, 2001, at 9:00 a.m.,

Present: Reps. Bradstreet, Middaugh, Birkholz, Bisbee, Bishop, Cassis, Howell, Kowall, Richardville, Vander Veen, Rivet, Bob Brown, Daniels, Schauer, Thomas, Woodward,

Absent: Rep. Bovin,

Excused: Rep. Bovin.

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, Friday, June 1:

Senate Bill Nos. 514 515 516 517 518 519 520 521

The Clerk announced that the following Senate bills had been received on Tuesday, June 5:

Senate Bill Nos. 373 374

The Clerk announced that the following bill had been printed and placed upon the files of the members, Wednesday, June 6:

House Bill No. 4912

The Clerk announced that the following Senate bill had been received on Wednesday, June 6:

Senate Bill No. 181

By unanimous consent the House returned to the order of

Messages from the Senate

House Bill No. 4429, entitled

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

The Senate has passed the bill, ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title.

The House agreed to the full title.

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

House Bill No. 4505, entitled

A bill to amend 1998 PA 57, entitled "An act to require contractors to provide certain notices to governmental entities concerning improvements on real property; to allow for the modification of contracts for improvement to real property; to provide for remedies; and to repeal acts and parts of acts," by repealing section 6 (MCL 125.1596).

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

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

House Bill No. 4630, entitled

A bill to amend 1976 PA 451, entitled "The revised school code," (MCL 380.1 to 380.1852) by adding section 1294.

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

The Senate has passed the bill as substituted (S-1), ordered that it be given immediate effect and amended the title to read as follows:

A bill to amend 1976 PA 451, entitled "An act to provide a system of public instruction and elementary and secondary schools; to revise, consolidate, and clarify the laws relating to elementary and secondary education; to provide for the organization, regulation, and maintenance of schools, school districts, public school academies, and intermediate school districts; to prescribe rights, powers, duties, and privileges of schools, school districts, public school academies, and intermediate school districts; to provide for the regulation of school teachers and certain other school employees; to provide for school elections and to prescribe powers and duties with respect thereto; to provide for the levy and collection of taxes; to provide for the borrowing of money and issuance of bonds and other evidences of indebtedness; to establish a fund and provide for expenditures from that fund; to provide for and prescribe the powers and duties of certain state departments, the state board of education, and certain other boards and officials; to provide for licensure of boarding schools; to prescribe penalties; and to repeal acts and parts of acts," (MCL 380.1 to 380.1852) by adding section 1295.

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

Senate Bill No. 181, entitled

A bill to amend 1911 PA 209, entitled "An act to adopt and prescribe the design of a state coat-of-arms and state flag, and their use, and to prohibit the use of the same for advertising purposes, and to provide a punishment for such forbidden use," by amending section 3 (MCL 2.23).

The Senate has passed the bill.

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

Senate Bill No. 373, entitled

A bill to amend 1949 PA 300, entitled "Michigan vehicle code," by amending sections 303, 319, 320a, 601b, and 732 (MCL 257.303, 257.319, 257.320a, 257.601b, and 257.732), sections 303, 319, 320a, and 732 as amended by 2000 PA 460, section 601b as added by 1996 PA 320, and by adding section 601c.

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. 374, 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.

Introduction of Bills

Rep. George introduced

House Bill No. 4913, entitled

A bill to amend 1956 PA 218, entitled "The insurance code of 1956," by amending sections 3103, 3104, and 3114 (MCL 500.3103, 500.3104, and 500.3114), section 3103 as amended by 1986 PA 173, section 3104 as amended by 1980 PA 445, and section 3114 as amended by 1984 PA 372.

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

Reps. Cassis, Wojno, Julian, Birkholz, Patterson, Allen, Bernero, Faunce, Ruth Johnson, Gosselin, DeVuyst, Gieleghem, Raczkowski, Rich Brown, Neumann, Scranton, Shulman, Pappageorge, Richardville, Kowall, Phillips and Lemmons introduced

House Bill No. 4914, entitled

A bill to amend 1990 PA 134, entitled "Motor fuel distribution act," (MCL 445.1801 to 445.1808) by amending the title and by adding section 2a.

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

Reps. Lemmons, Jacobs, Bradstreet, Thomas, Hardman, Frank, Whitmer, Zelenko, Murphy, O'Neil, Schermesser, Basham, Gieleghem, Kolb, Williams, Wojno, Lipsey, McConico, Phillips, Switalski, Neumann, Cameron Brown, Bernero, Gosselin, Ehardt, Adamini, Anderson, Plakas, Jamnick, Bogardus, Minore, Clark, Hansen, Rocca, Pestka, DeRossett, Newell, Kuipers, Sheltrown, Woodward, Bovin, Clarke, Dennis, Richner, Cassis, Kooiman, Allen, Lockwood, Vear, Scranton, Bishop, Toy, Caul, Shackleton, Van Woerkom, Meyer, Faunce, George, Tabor, Hart, Rison, DeVuyst, Pappageorge, Jelinek, Pumford, Mead, Vander Roest, Stewart, Julian, Daniels, Rivet, Waters, Hager, Reeves, Jansen, Middaugh and Richardville introduced

House Bill No. 4915, entitled

A bill to amend 1954 PA 116, entitled "Michigan election law," by amending section 867 (MCL 168.867), as amended by 1980 PA 200.

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

Reps. Stewart, LaSata, Mead, Vear, Plakas, Toy, Adamini, Switalski, Murphy, McConico, Lipsey, Hart, Faunce, Raczkowski, Hager, Basham, Clark, Frank, DeWeese, Bernero, Scranton, Neumann, Cameron Brown, Schauer, Phillips and Lemmons introduced

House Bill No. 4916, entitled

A bill to amend 1998 PA 386, entitled "Estates and protected individuals code," by amending the title and section 1104 (MCL 700.1104), section 1104 as amended by 2000 PA 54, and by adding sections 5120, 5121, 5122, and 5123.

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

Reps. Godchaux, Hansen, Stewart, Hart, Patterson, Scranton, Pappageorge, Richardville, Jacobs, Richner, Minore and Lemmons introduced

House Bill No. 4917, entitled

A bill to amend 1976 PA 451, entitled "The revised school code," (MCL 380.1 to 380.1852) by adding section 1211f.

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

Reps. Murphy, Phillips, Hale, Whitmer, Thomas, Minore, Basham, Rison, Sheltrown, Neumann, Adamini, Lipsey, Frank, Pestka, Williams, Rivet, Daniels, Schauer, Zelenko, Plakas, Bogardus, Hart, DeWeese, Switalski, Waters, McConico, Spade, Bovin, Stallworth, Gieleghem, Jansen, Clark, Jacobs, Anderson, Birkholz, Dennis, Hardman, Ehardt and Lemmons introduced

House Bill No. 4918, entitled

A bill to amend 1995 PA 29, entitled "Uniform unclaimed property act," by amending the title and sections 2, 14, 18, 19, 20, 21, 24, 25, 27, 31, and 33 (MCL 567.222, 567.234, 567.238, 567.239, 567.240, 567.241, 567.244, 567.245, 567.247, 567.251, and 567.253), sections 18, 19, 20, 25, and 31 as amended by 1997 PA 195, and by adding section 2a; and to repeal acts and parts of acts.

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

Reps. Woodward and Lemmons introduced

House Bill No. 4919, entitled

A bill to amend 1976 PA 453, entitled "Elliott-Larsen civil rights act," by amending the title and sections 102, 103, 202, 203, 204, 205, 206, 207, and 302 (MCL 37.2102, 37.2103, 37.2202, 37.2203, 37.2204, 37.2205, 37.2206, 37.2207, and 37.2302), the title as amended by 1992 PA 258, section 102 as amended by 1992 PA 124, section 103 as amended by 1999 PA 202, and section 202 as amended by 1991 PA 11.

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

Rep. Meyer moved that the House adjourn.

The motion prevailed, the time being 2:55 p.m.

Associate Speaker Pro Tempore Julian declared the House adjourned until Thursday, June 7, at 12:00 Noon.

GARY L. RANDALL

Clerk of the House of Representatives.

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

Anderson	Dennis	Kolb	Rison
Basham	Frank	Lipsey	Schermesser
Bernero	Garza	Minore	Thomas
Bogardus	Gieleghem	Murphy	Waters
Callahan	Hansen	Neumann	Whitmer
Clark, I.	Hardman	Phillips	Williams
Clarke, H.	Jacobs	Plakas	Wojno
Daniels	Jamnick	Reeves	Woodward