No. 70

STATE OF MICHIGAN

JOURNAL

OF THE

House of Representatives

91st Legislature


REGULAR SESSION OF 2001


House Chamber, Lansing, Tuesday, October 16, 2001.

 

2:00 p.m.

 

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

 

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

 

 

Adamini--present

Allen--present

Anderson--present

Basham--present

Bernero--present

Birkholz--present

Bisbee--present

Bishop--present

Bogardus--present

Bovin--present

Bradstreet--present

Brown, Bob--present

Brown, Cameron--present

Brown, Rich--present

Callahan--present

Cassis--present

Caul--present

Clark--present

Clarke--present

Daniels--present

Dennis--present

DeRossett--present

DeVuyst--present

DeWeese--present

Drolet--present

Ehardt--present

Faunce--present

Frank--present

Garza--present

George--present

Gieleghem--present

Gilbert--present

Godchaux--present

Gosselin--present

Hager--present

Hale--present

Hansen--present

Hardman--present

Hart--present

Howell--present

Hummel--present

Jacobs--present

Jamnick--present

Jansen--present

Jelinek--present

Johnson, Rick--present

Johnson, Ruth--present

Julian--present

Kilpatrick--excused

Koetje--present

Kolb--present

Kooiman--present

Kowall--present

Kuipers--present

LaSata--present

Lemmons--present

Lipsey--present

Lockwood--present

Mans--present

McConico--present

Mead--present

Meyer--present

Middaugh--present

Minore--present

Mortimer--present

Murphy--present

Neumann--present

Newell--present

O'Neil--present

Pappageorge--present

Patterson--present

Pestka--present

Phillips--present

Plakas--present

Pumford--present

Quarles--present

Raczkowski--present

Reeves--present

Richardville--present

Richner--present

Rison--present

Rivet--present

Rocca--present

Sanborn--present

Schauer--present

Schermesser--present

Scranton--present

Shackleton--present

Sheltrown--excused

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

Ronald Nyenhuis, Pastor of Calvin Christian Reformed Church in Muskegon, offered the following invocation:

 

"Gracious God, it is good and right that we begin our session today in prayer with You. We acknowledge You as the sovereign God who truly does have our world , our country, our state and our very own lives in Your hands. As we begin our work and business today we ask for wisdom and discernment. Help each one of us here today to make decisions for the people of Michigan that are based on Your example of what is both just and right for every citizen. Help all of us to seek justice and then act accordingly. Help each of us to regard every citizen of our great state as truly an important and significant citizen and person. Before we end our prayer Father, we pray for our country and for our state. We pray that our mighty God will bring peace and quiet to our land. We pray for an end to war and terror. We thank You for the privilege and blessing of living in this beautiful country and especially in this beautiful state. Continue to bless our country and state. We offer this prayer in the name of our strong and mighty God. Amen."

 

 

______

 

 

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

The motion prevailed.

 

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

The motion prevailed.

 

Associate Speaker Pro Tempore Julian assumed the Chair.

 

 

Messages from the Senate

 

 

The Speaker laid before the House

House Bill No. 4774, entitled

A bill to amend 1962 PA 174, entitled "Uniform commercial code," by amending sections 9311 and 9616 (MCL 440.9311 and 440.9616), section 9311 as amended and section 9616 as added by 2000 PA 348.

(The bill was received from the Senate on October 10, with substitute (S-1), full title inserted and immediate effect given by the Senate, consideration of which, under the rules, was postponed until October 11, see House Journal No. 68, p. 2037.)

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

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

 

 

Roll Call No. 500 Yeas--106

 

 
AdaminiGarzaLipseySanborn
AllenGeorgeLockwoodSchauer
AndersonGieleghemMansSchermesser
BashamGilbertMcConicoScranton
BerneroGodchauxMeadShackleton
BirkholzGosselinMeyerShulman
BisbeeHagerMiddaughSpade
BishopHaleMinoreStallworth
BogardusHansenMortimerStamas
BovinHardmanMurphyStewart
BradstreetHartNeumannSwitalski
Brown, B.HowellNewellTabor
Brown, C.HummelO'NeilThomas
Brown, R.JacobsPappageorgeToy
CallahanJamnickPattersonVan Woerkom
CaulJansenPestkaVander Roest
Clark, I.JelinekPhillipsVander Veen
Clarke, H.Johnson, RickPlakasVear
DanielsJohnson, RuthPumfordVoorhees
DennisJulianRaczkowskiWaters
DeRossettKoetjeReevesWhitmer
DeVuystKolbRichardvilleWilliams
DeWeeseKooimanRichnerWojno
DroletKowallRisonWoodward
EhardtKuipersRivetWoronchak
FaunceLaSataRoccaZelenko

Frank Lemmons

 

 

Nays--0

 

 

In The Chair: Julian

 

 

The House agreed to the full title of the bill.

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

 

 

Third Reading of Bills

 

 

House Bill No. 4022, entitled

A bill to amend 1949 PA 300, entitled "Michigan vehicle code," by amending section 628 (MCL 257.628), as amended by 2000 PA 167.

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

 

 

Roll Call No. 501 Yeas--101

 

 
AdaminiGieleghemLipseySanborn
AllenGilbertMansSchauer
AndersonGodchauxMcConicoSchermesser
BashamGosselinMeadScranton
BerneroHagerMeyerShackleton
BirkholzHaleMiddaughShulman
BisbeeHansenMortimerSpade
BishopHardmanMurphyStallworth
BovinHartNeumannStamas
BradstreetHowellNewellStewart
Brown, B.HummelO'NeilSwitalski
Brown, R.JacobsPappageorgeTabor
CallahanJamnickPattersonThomas
CassisJansenPestkaToy
CaulJelinekPhillipsVan Woerkom
Clark, I.Johnson, RickPlakasVander Roest
Clarke, H.Johnson, RuthPumfordVander Veen
DanielsJulianQuarlesVoorhees
DennisKoetjeRaczkowskiWaters
DeRossettKolbReevesWhitmer
DeVuystKooimanRichardvilleWilliams
DroletKowallRichnerWojno
FaunceKuipersRisonWoodward
FrankLaSataRivetWoronchak
GarzaLemmonsRoccaZelenko

George

Nays--4

 

 

Brown, C. Lockwood Minore Vear

 

 

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. 4639, entitled

A bill to amend 1927 PA 175, entitled "The code of criminal procedure," by amending section 15 of chapter XVII (MCL 777.15), as amended by 2000 PA 279.

The bill was read a third time.

The question being on the passage of the bill,

 

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

The motion prevailed.

 

 

Second Reading of Bills

 

 

House Bill No. 4995, entitled

A bill to amend 1943 PA 184, entitled "Township zoning act," by amending section 40 (MCL 125.310), as amended by 2000 PA 384, and by adding section 16h.

Was read a second time, and the question being on the adoption of the proposed substitute (H-4) previously recommended by the Committee on Land Use and Environment,

The substitute (H-4) was adopted, a majority of the members serving voting therefor.

 

Rep. Birkholz moved to amend the bill as follows:

1. Amend page 1, line 1, after "(4)" by inserting "AND SECTION 12".

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

 

Rep. Vander Roest moved to amend the bill as follows:

1. Amend page 3, following line 16, by inserting:

"(5) THE DEPARTMENT OF MANAGEMENT AND BUDGET SHALL REIMBURSE THE TOWNSHIP FOR PUBLICATION COSTS INCURRED UNDER SECTIONS 9, 11, AND 11A IN CONNECTION WITH THE ADOPTION OF A ZONING ORDINANCE AMENDMENT UNDER THIS SECTION." and renumbering the remaining subsection.

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

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

The motion prevailed.

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

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

 

By unanimous consent the House returned to the order of

Third Reading of Bills

 

 

House Bill No. 4995, entitled

A bill to amend 1943 PA 184, entitled "Township zoning act," by amending section 40 (MCL 125.310), as amended by 2000 PA 384, and by adding section 16h.

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

Roll Call No. 502 Yeas--97

 

 
AdaminiFaunceKowallSanborn
AllenFrankKuipersSchauer
BashamGarzaLaSataSchermesser
BerneroGeorgeLemmonsScranton
BirkholzGieleghemLipseyShackleton
BisbeeGilbertLockwoodShulman
BishopGodchauxMansStallworth
BogardusGosselinMcConicoStamas
BovinHagerMeadStewart
BradstreetHaleMeyerTabor
Brown, B.HansenMiddaughThomas
Brown, C.HardmanMinoreToy
Brown, R.HartMortimerVan Woerkom
CallahanHowellNeumannVander Roest
CassisHummelNewellVander Veen
CaulJacobsO'NeilVear
Clark, I.JansenPappageorgeVoorhees
Clarke, H.JelinekPattersonWaters
DanielsJohnson, RickPestkaWhitmer
DennisJohnson, RuthPumfordWilliams
DeRossettJulianRaczkowskiWojno
DeVuystKoetjeRichardvilleWoodward
DeWeeseKolbRichnerWoronchak
DroletKooimanRoccaZelenko

Ehardt

 

 

Nays--10

 

 
AndersonPhillipsRisonSpade
JamnickPlakasRivetSwitalski

Murphy Reeves

 

 

In The Chair: Julian

 

 

The House agreed to the title of the bill.

 

 

______

 

 

Rep. Rivet, 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 HB 4995 because it mandates local units amend zoning ordinances for a purpose that may or may not apply to them. This sort of mandate is concerning as the State is beginning to haphazardly determine the zoning ordinances of local units. Further, it sets a precedent that the State is going to begin to require these minor changes on an ongoing basis when they don't always apply to locals and cost local resources to implement."

 

 

Reps. Plakas, Murphy, Phillips and Anderson, 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:

While I support policies that will improve protections for open space, I cannot support State policies that usurp local control over land-use planning decisions. HB 4995 usurps local control over land-use decisions and represents an unfunded mandate for townships. The State should not micro manage local land-use policy by writing amendments to local zoning ordinances."

Second Reading of Bills

 

 

House Bill No. 5028, entitled

A bill to amend 1943 PA 183, entitled "County zoning act," by amending section 40 (MCL 125.240), as amended by 2000 PA 385, and by adding section 16h.

Was read a second time, and the question being on the adoption of the proposed substitute (H-4) previously recommended by the Committee on Land Use and Environment,

The substitute (H-4) was adopted, a majority of the members serving voting therefor.

 

Rep. Birkholz moved to amend the bill as follows:

1. Amend page 1, line 1, after "(4)" by inserting "AND SECTION 12".

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

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

The motion prevailed.

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

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

 

By unanimous consent the House returned to the order of

Third Reading of Bills

 

 

House Bill No. 5028, entitled

A bill to amend 1943 PA 183, entitled "County zoning act," by amending section 40 (MCL 125.240), as amended by 2000 PA 385, and by adding section 16h.

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

 

 

Roll Call No. 503 Yeas--100

 

 
AdaminiFaunceKuipersSanborn
AllenFrankLaSataSchauer
BashamGarzaLemmonsSchermesser
BerneroGeorgeLipseyScranton
BirkholzGieleghemLockwoodShackleton
BisbeeGilbertMansShulman
BishopGodchauxMcConicoSpade
BogardusGosselinMeadStallworth
BovinHagerMeyerStamas
BradstreetHaleMiddaughStewart
Brown, B.HansenMinoreTabor
Brown, C.HardmanMortimerThomas
Brown, R.HartNeumannToy
CallahanHowellNewellVan Woerkom
CassisHummelO'NeilVander Roest
CaulJacobsPappageorgeVander Veen
Clark, I.JansenPattersonVear
Clarke, H.JelinekPestkaVoorhees
DanielsJohnson, RickPumfordWaters
DennisJohnson, RuthQuarlesWhitmer
DeRossettJulianRaczkowskiWilliams
DeVuystKoetjeReevesWojno
DeWeeseKolbRichardvilleWoodward
DroletKooimanRichnerWoronchak
EhardtKowallRoccaZelenko

Nays--7

 

 

Anderson Murphy Rison Switalski

Jamnick Phillips Rivet

 

 

In The Chair: Julian

 

 

The House agreed to the title of the bill.

 

 

Second Reading of Bills

 

 

House Bill No. 5029, entitled

A bill to amend 1921 PA 207, entitled "City and village zoning act," by amending section 20 (MCL 125.600), as amended by 2000 PA 383, and by adding section 4f.

Was read a second time, and the question being on the adoption of the proposed substitute (H-4) previously recommended by the Committee on Land Use and Environment,

The substitute (H-4) was adopted, a majority of the members serving voting therefor.

 

Rep. Birkholz moved to amend the bill as follows:

1. Amend page 1, line 1, after "(4)" by inserting "AND THE RIGHT OF REFERENDUM IF PROVIDED BY CHARTER".

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

 

Rep. Kolb moved to amend the bill as follows:

1. Amend page 3, line 17, after "LEAST" by striking out "50%" and inserting "20%".

2. Amend page 6, line 1, after "COURSE" by inserting "OR RETENTION POND".

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

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

The motion prevailed.

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

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

 

By unanimous consent the House returned to the order of

Third Reading of Bills

 

 

House Bill No. 5029, entitled

A bill to amend 1921 PA 207, entitled "City and village zoning act," by amending section 20 (MCL 125.600), as amended by 2000 PA 383, and by adding section 4f.

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

 

 

Roll Call No. 504 Yeas--97

 

 
AdaminiFaunceKowallSanborn
AllenFrankKuipersSchauer
BashamGarzaLaSataSchermesser
BerneroGeorgeLemmonsScranton
BirkholzGieleghemLipseyShackleton
BisbeeGilbertLockwoodShulman
BishopGodchauxMansStallworth
BogardusGosselinMeadStamas
BovinHagerMeyerStewart
BradstreetHaleMiddaughTabor
Brown, B.HansenMinoreThomas
Brown, C.HardmanMortimerToy
Brown, R.HartNeumannVan Woerkom
CallahanHowellNewellVander Roest
CassisHummelO'NeilVander Veen
CaulJacobsPappageorgeVear
Clark, I.JansenPattersonVoorhees
Clarke, H.JelinekPestkaWaters
DanielsJohnson, RickPumfordWhitmer
DennisJohnson, RuthQuarlesWilliams
DeRossettJulianRaczkowskiWojno
DeVuystKoetjeRichardvilleWoodward
DeWeeseKolbRichnerWoronchak
DroletKooimanRoccaZelenko

Ehardt

 

 

Nays--10

 

 
AndersonMurphyReevesSpade
JamnickPhillipsRivetSwitalski

McConico Plakas

 

 

In The Chair: Julian

 

 

The House agreed to the title of the bill.

 

 

______

 

 

Reps. Plakas, Murphy, Phillips and Anderson, 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:

While I support policies that will improve protections for open space, I cannot support State policies that usurp local control over land-use planning decisions. HB 4995 usurps local control over land-use decisions and represents an unfunded mandate for townships. The State should not micro manage local land-use policy by writing amendments to local zoning ordinances."

 

 

Second Reading of Bills

 

 

House Bill No. 4690, entitled

A bill to enter into the interstate compact for the supervision of adult offenders; and for related purposes.

The bill was read a second time.

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

The motion prevailed.

 

 

House Bill No. 5091, entitled

A bill to allow state agencies and units of local government to place the national motto in public buildings in this state.

The bill was read a second time.

Rep. Ehardt 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. Kilpatrick, Vander Roest, Cassis, Jansen, McConico, Lemmons, DeRossett, Hager, Bishop, Stewart, Koetje, Raczkowski, Ehardt, Faunce, Rivet, Schauer, Wojno, Bovin, Thomas, Frank, Woodward, Anderson, Lipsey, Hansen, Jacobs, Bob Brown, Adamini, Schermesser, Minore, Kolb, Jamnick, Garza, Whitmer, Dennis, Gieleghem, Clarke, DeWeese, Pappageorge, Spade, Van Woerkom, Richner, Shulman, Waters, Lockwood, Hardman, Daniels, Hale, Zelenko, Switalski, Clark, Mead, Birkholz, Stallworth, Rison and Murphy offered the following resolution:

House Resolution No. 225.

A resolution honoring Bishop Sandy Dixon, Jr., Ph.D., on his 40th pastoral anniversary.

Whereas, The observance of the 40th anniversary of the service of Bishop Sandy Dixon, Jr., is an event of significance far beyond the reaches of Faith Temple Full Gospel Church and the community of Detroit, Michigan. In his long and devoted efforts to offer spiritual and personal guidance to others through the ministry, this dedicated and unselfish man has touched many lives through the power of faith. Gifts like these are of importance to everyone; and

Whereas, In the years since Bishop Dixon came to work with the individuals and families of the Faith Temple Full Gospel Church, the congregation has come to highly value all of the talents of this outstanding and effective spiritual leader. Bishop Dixon has dedicated much of his life to Faith Temple Gospel Church, which he founded and organized in 1961; and

Whereas, In addition to his pastorate, Bishop Dixon has taught in the Detroit public schools for more than 30 years. In 1968, he was runner-up in the Detroit News' "Favorite Teacher" contest. His educational background includes a Bachelor of Science Degree and a Master of Science Degree from the University of Detroit, along with a Doctor of Philosophy Degree from Michigan State University. His theology studies were done at the California Graduate School of Theology in Glendale, California. In the community, Bishop Dixon served as president of his Block Club and participated in the Beautiful Block and Christmas Contests where he won numerous prizes and recognition awards. He has also received several recognition certificates and awards from the city of Detroit and the state of Michigan for his outstanding service; and

Whereas, Bishop Dixon is indeed a beloved and godly pastor and an excellent teacher who serves as a model for students in these times when they need, and are inwardly longing for, positive heroes to emulate; and

Whereas, As the family and friends who have come to witness Bishop Dixon's good works can attest, the services and sermons are only part of his presence. His private help to the needy, through encouragement, prayer, or putting a person in touch with someone with the resources to help, is a true gift. Through those who have been blessed by these works, the entire community has been enriched; now, therefore, be it

Resolved by the House of Representatives, That the members of this legislative body honor Bishop Sandy Dixon, Jr., Ph.D., as he celebrates his 40th pastoral anniversary. Our great state is blessed that he chose Michigan for his heavenly mission; and be it further

Resolved, That a copy of this resolution be transmitted to Bishop Sandy Dixon, Jr., Ph.D., as a symbol 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, Pestka, Vander Roest, Cassis, McConico, Lemmons, DeRossett, Hager, Stewart, Koetje, Ehardt, Faunce, Rivet, Schauer, Wojno, Bovin, Frank, Woodward, Bernero, Lipsey, Hansen, Jacobs, Bob Brown, Adamini, Schermesser, Minore, Kolb, Jamnick, Garza, Whitmer, Dennis, Gieleghem, Clarke, DeWeese, Pappageorge, Spade, Van Woerkom, Richner, Waters, Lockwood, Hardman, Daniels, Hale, Zelenko, Switalski, Clark, Plakas, Birkholz, Stallworth, and Murphy offered the following resolution:

House Resolution No. 226.

A resolution honoring Mary Edmond, upon her being selected as the Joe Parker Freedom Conductor Award recipient.

Whereas, It is a pleasure to offer congratulations to Mary Edmond upon her being selected as the Joe Parker Freedom Conductor Award recipient. With the record that this talented and energetic researcher has compiled over the years, this is a most fitting symbol of excellence in an endeavor of great importance; and

Whereas, In receiving the Joe Parker Freedom Conductor Award, Mary Edmond is being singled out for her exceptional contributions to the preservation, promotion, and advancement of the Underground Railroad history and research. We applaud the dedication she has consistently displayed and offer our thanks for her leadership in preserving Michigan's important role in the Underground Railroad; now, therefore, be it

Resolved by the House of Representatives, That the members of the this legislative body join in honoring Mary Edmond upon her being the recipient of the Joe Parker Freedom Conductor Award; and be it further

Resolved, That a copy of this resolution be transmitted to Mary Edmond 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. Bernero, Vander Roest, Cassis, McConico, Lemmons, DeRossett, Hager, Bishop, Richardville, Neumann, Stewart, Woronchak, Mortimer, Koetje, Julian, Raczkowski, Ehardt, Faunce, Vander Veen, Pestka, Rivet, Schauer, Wojno, Bovin, Thomas, Woodward, Bradstreet, Anderson, Lipsey, Hansen, Jacobs, Bob Brown, Adamini, Schermesser, Minore, Kolb, Jamnick, Whitmer, Dennis, Gieleghem, Clarke, Rocca, DeWeese, Pappageorge, Spade, Drolet, Mans, Scranton, Van Woerkom, Richner, Shulman, Basham, Waters, Lockwood, Hardman, Daniels, Hale, Voorhees, Toy, Zelenko, Switalski, Clark, Mead, Plakas, George, Birkholz, Gilbert, Caul, Stallworth and Murphy offered the following resolution:

House Resolution No. 227.

A resolution honoring the survivors of Pearl Harbor.

Whereas, It is with a shared commitment to the noble ideals of our country that we join with the membership of the Friends of Michigan History and The Military Order of the World Wars Mid-Michigan Chapter in saluting Bert Swarthout, Lt. Colonel John Wilberding, John Cole, Roman Grabowski, Mile Brickey, and the many other brave survivors of Pearl Harbor. These loyal and unselfish individuals are honored for their dedication to our country and their families. As members and friends gather to commend these patriotic survivors and remember the 60th anniversary of the attack on Pearl Harbor, we add our own thanks for the contributions these survivors continue to make to keep our cherished liberties alive; and

Whereas, Bert Swarthout, Lt. Col. John Wilberding, John Cole, Roman Grabowski, and Miles Brickey, veterans of the United States Armed Forces and survivors of Pearl Harbor, never stopped serving their country when their formal military duties were at a close. Deeply appreciative of the opportunities and responsibilities of citizenship in our system of self-government, these men set an example that is most admirable. This has been apparent through many aspects of their life, but most especially through their devotion to the Pearl Harbor Survivors Association and programs of the Friends of Michigan History; and

Whereas, These brave servicemen are an outstanding example of the kind of people who are not content to sit idly while others take action. Through their self-sacrifice, they made it clear that we have opportunities each and every day to put our love of country to good use in helping out our fellow citizens. We all have benefitted from the patriotism that these men of Pearl Harbor have shown; now, therefore, be it

Resolved by the House of Representatives, That the members of this legislative body honor Bert Swarthout, Lt. Colonel John Wilberding, John Cole, Roman Grabowski, Miles Brickey, and the many other survivors of Pearl Harbor, as they are recognized for their excellence in service to the United States of America; and be it further

Resolved, That a copy of this resolution be transmitted to Bert Swarthout, Lt. Col. John Wilberding, John Cole, Roman Grabowski, Miles Brickey, and the many other survivors of Pearl Harbor 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. Middaugh, Vander Roest, Cassis, Lemmons, DeRossett, Hager, Neumann, Stewart, Mortimer, Kuipers, Julian, Raczkowski, Ehardt, Vander Veen, DeWeese, Pappageorge, Scranton, Van Woerkom, Richner, Shulman, Lockwood, Voorhees, Toy, Switalski, George and Birkholz offered the following resolution:

House Resolution No. 228.

A resolution to memorialize the Congress of the United States to enact the appropriate legislation to grant the President trade promotion negotiating authority.

Whereas, Everyone is deeply concerned with job creation, economic stability, and expanding economic prosperity throughout all of America; and

Whereas, The United States is the biggest player in international trade, accounting for 12.7 percent of all world exports; and

Whereas, United States exports account for about 11 percent of our Gross Domestic Product. Our country exported $1.097 trillion in goods and services in 2000, which supported 12 million jobs in the United States; and

Whereas, United States exports account for approximately one-fifth of all manufacturing jobs, while approximately one-third of all United States farmland is planted with crops for export; and

Whereas, Growth in United States exports has been responsible for about one-third of real economic growth over the last ten years; and

Whereas, Studies show that export-related jobs pay 13 to 18 percent more than the average job; and

Whereas, Many of these jobs depend upon continued access to foreign markets and increased openness of those markets; and

Whereas, The combined outcome of the NAFTA and the Uruguay Round Trade Agreement has increased United States national income by $40 billion to $60 billion a year; and

Whereas, The increased competition arising from these two agreements has resulted in savings of $1,000 to $1,300 for the average family of four; and

Whereas, Our foreign competitors are aggressively moving forward to pursue their own economic interests through their own trade agreements; and

Whereas, While the United States is involved with only 2 out of 130 globally enforced trade agreements, Western Europe is gaining ground, signing 909 bilateral investment treaties according to the World Trade Organization; and

Whereas, Without trade promotion authority, the ability of the United States to expand and open markets around the world is being seriously constrained, and United States businesses and farmers are losing market opportunities to foreign competitors; and

Whereas, From 1974-1994 every United States President has received trade promotion negotiating authority from Congress; now, therefore, be it

Resolved by the House of Representatives, That we memorialize the Congress of the United States to enact the appropriate legislation to grant the President trade promotion negotiating authority; and be it further

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

The resolution was referred to the Committee on Commerce.

 

 

Reps. Middaugh, Vander Roest, Cassis, Jansen, Lemmons, DeRossett, Hager, Neumann, Stewart, Mortimer, Kuipers, Julian, Raczkowski, Ehardt, Vander Veen, DeWeese, Pappageorge, Scranton, Van Woerkom, Richner, Shulman, Lockwood, Voorhees, Toy, Switalski, George and Birkholz offered the following concurrent resolution:

House Concurrent Resolution No. 44.

A concurrent resolution to memorialize the Congress of the United States to enact the appropriate legislation to grant the President trade promotion negotiating authority.

Whereas, Everyone is deeply concerned with job creation, economic stability, and expanding economic prosperity throughout all of America; and

Whereas, The United States is the biggest player in international trade, accounting for 12.7 percent of all world exports; and

Whereas, United States exports account for about 11 percent of our Gross Domestic Product. Our country exported $1.097 trillion in goods and services in 2000, which supported 12 million jobs in the United States; and

Whereas, United States exports account for approximately one-fifth of all manufacturing jobs, while approximately one-third of all United States farmland is planted with crops for export; and

Whereas, Growth in United States exports has been responsible for about one-third of real economic growth over the last ten years; and

Whereas, Studies show that export-related jobs pay 13 to 18 percent more than the average job; and

Whereas, Many of these jobs depend upon continued access to foreign markets and increased openness of those markets; and

Whereas, The combined outcome of the NAFTA and the Uruguay Round Trade Agreement has increased United States national income by $40 billion to $60 billion a year; and

Whereas, The increased competition arising from these two agreements has resulted in savings of $1,000 to $1,300 for the average family of four; and

Whereas, Our foreign competitors are aggressively moving forward to pursue their own economic interests through their own trade agreements; and

Whereas, While the United States is involved with only 2 out of 130 globally enforced trade agreements, Western Europe is gaining ground, signing 909 bilateral investment treaties according to the World Trade Organization; and

Whereas, Without trade promotion authority, the ability of the United States to expand and open markets around the world is being seriously constrained, and United States businesses and farmers are losing market opportunities to foreign competitors; and

Whereas, From 1974-1994 every United States President has received trade promotion negotiating authority from Congress; now, therefore, be it

Resolved by the House of Representatives (the Senate concurring), That we memorialize the Congress of the United States to enact the appropriate legislation to grant the President trade promotion negotiating authority; and be it further

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

The concurrent resolution was referred to the Committee on Commerce.

 

 

Reports of Standing Committees

 

 

The Committee on Employment Relations, Training and Safety, by Rep. Gosselin, Chair, reported

House Bill No. 5182, entitled

A bill to amend 1956 PA 217, entitled "Electrical administrative act," by amending section 7 (MCL 338.887), as amended by 1992 PA 130.

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 5182 To Report Out:

Yeas: Reps. Gosselin, Bisbee, Kuipers, Meyer,

Nays: Reps. Minore, Bernero, Dennis.

 

 

COMMITTEE ATTENDANCE REPORT

 

The following report, submitted by Rep. Gosselin, Chair of the Committee on Employment Relations, Training and Safety, was received and read:

Meeting held on: Tuesday, October 16, 2001, at 9:00 a.m.,

Present: Reps. Gosselin, Bisbee, Kuipers, Meyer, Minore, Bernero, Dennis.

 

 

The Committee on Senior Health, Security and Retirement, by Rep. Voorhees, Chair, reported

House Bill No. 4334, entitled

A bill to amend 1943 PA 240, entitled "State employees' retirement act," by amending section 27 (MCL 38.27), as amended by 1987 PA 241.

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 4334 To Report Out:

Yeas: Reps. Voorhees, Woronchak, Cassis, Kuipers, Vear, Bovin, Spade, Zelenko,

Nays: None.

 

 

COMMITTEE ATTENDANCE REPORT

 

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

Meeting held on: Tuesday, October 16, 2001, at 10:30 a.m.,

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

 

 

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

House Bill No. 4288, entitled

A bill to amend 1978 PA 368, entitled "Public health code," by amending sections 5101 and 5111 (MCL 333.5101 and 333.5111), as amended by 1994 PA 200.

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 4288 To Report Out:

Yeas: Reps. Ehardt, Raczkowski, Bradstreet, George, Ruth Johnson, Rocca, Scranton, Vander Veen, Woronchak, Neumann, Hardman, Lemmons, Schauer, Williams,

Nays: Rep. Adamini.

 

 

COMMITTEE ATTENDANCE REPORT

 

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

Meeting held on: Tuesday, October 16, 2001, at 9:00 a.m.,

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

 

 

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

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.

With the recommendation that the substitute (H-3) 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 469 To Report Out:

Yeas: Reps. Faunce, Kowall, DeWeese, Julian, Raczkowski, Sanborn, O'Neil, Rison,

Nays: None.

 

 

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

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.

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

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

 

 

Favorable Roll Call

 

SB 470 To Report Out:

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

Nays: None.

 

 

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

Senate Bill No. 675, entitled

A bill to amend 1927 PA 175, entitled "The code of criminal procedure," by amending sections 12 and 17 of chapter XVII (MCL 777.12 and 777.17), section 12 as amended by 2001 PA 104 and section 17 as amended by 2000 PA 300.

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 675 To Report Out:

Yeas: Reps. Faunce, Kowall, Julian, Raczkowski, McConico, O'Neil, Rison,

Nays: None.

COMMITTEE ATTENDANCE REPORT

 

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

Meeting held on: Tuesday, October 16, 2001, at 10:30 a.m.,

Present: Reps. Faunce, Kowall, DeWeese, George, Julian, Raczkowski, Sanborn, McConico, O'Neil, Rison,

Absent: Rep. Callahan,

Excused: Rep. Callahan.

 

 

Messages from the Senate

 

 

House Bill No. 4513, entitled

A bill to repeal 1913 PA 184, entitled "An act to regulate the business of selling farm products on commission, providing all commission merchants dealing in farm products shall be licensed, to provide against and punish fraud and deception in the sale of farm products on commission, and defining the duties of the state dairy and food commissioner relative thereto," (MCL 445.331 to 445.341).

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.

 

 

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, October 12:

House Bill Nos. 5187 5188 5189 5190 5191 5192 5193 5194 5195 5196 5197 5198 5199 5200 5201 5202 5203 5204

 

The Clerk announced the enrollment printing and presentation to the Governor on Monday, October 15, for his approval of the following bills:

Enrolled House Bill No. 4345 at 2:24 p.m.

Enrolled House Bill No. 4360 at 2:26 p.m.

Enrolled House Bill No. 4776 at 2:28 p.m.

Enrolled House Bill No. 4783 at 2:30 p.m.

Enrolled House Bill No. 4784 at 2:32 p.m.

Enrolled House Bill No. 4819 at 2:34 p.m.

Enrolled House Bill No. 4878 at 2:36 p.m.

 

 

Communications from State Officers

 

 

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

 

October 11, 2001

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

Performance Audit of

Early Intervention Services for Delinquent Youths

Judiciary and Family Independence Agency

October 2001

Sincerely,

Thomas H. McTavish, C.P.A.

Auditor General

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

Introduction of Bills

 

 

Reps. Gilbert and Hager introduced

House Bill No. 5205, entitled

A bill to amend 1949 PA 300, entitled "Michigan vehicle code," by amending section 719 (MCL 257.719), as amended by 2000 PA 306.

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

 

 

Reps. Whitmer, Murphy, Kolb, Pappageorge, Zelenko, Rivet, Plakas, Basham, Jacobs, Neumann, Pestka, McConico, Adamini, Rich Brown, Bogardus and Thomas introduced

House Bill No. 5206, entitled

A bill to amend 1982 PA 295, entitled "Support and parenting time enforcement act," by amending sections 31 and 32 (MCL 552.631 and 552.632), as amended by 2000 PA 442.

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

 

 

Reps. Neumann, Bovin, Rich Brown, Sheltrown, Rivet, Switalski, Schauer, Plakas, Lockwood, Frank, Adamini, Bernero, Pestka, Murphy, Anderson, George and Meyer introduced

House Bill No. 5207, entitled

A bill to amend 1951 PA 51, entitled "An act to provide for the classification of all public roads, streets, and highways in this state, and for the revision of that classification and for additions to and deletions from each classification; to set up and establish the Michigan transportation fund; to provide for the deposits in the Michigan transportation fund of specific taxes on motor vehicles and motor vehicle fuels; to provide for the allocation of funds from the Michigan transportation fund and the use and administration of the fund for transportation purposes; to set up and establish the truck safety fund; to provide for the allocation of funds from the truck safety fund and administration of the fund for truck safety purposes; to set up and establish the Michigan truck safety commission; to establish certain standards for road contracts for certain businesses; to provide for the continuing review of transportation needs within the state; to authorize the state transportation commission, counties, cities, and villages to borrow money, issue bonds, and make pledges of funds for transportation purposes; to authorize counties to advance funds for the payment of deficiencies necessary for the payment of bonds issued under this act; to provide for the limitations, payment, retirement, and security of the bonds and pledges; to provide for appropriations and tax levies by counties and townships for county roads; to authorize contributions by townships for county roads; to provide for the establishment and administration of the state trunk line fund, critical bridge fund, comprehensive transportation fund, and certain other funds; to provide for the deposits in the state trunk line fund, critical bridge fund, comprehensive transportation fund, and certain other funds of money raised by specific taxes and fees; to provide for definitions of public transportation functions and criteria; to define the purposes for which Michigan transportation funds may be allocated; to provide for Michigan transportation fund grants; to provide for review and approval of transportation programs; to provide for submission of annual legislative requests and reports; to provide for the establishment and functions of certain advisory entities; to provide for conditions for grants; to provide for the issuance of bonds and notes for transportation purposes; to provide for the powers and duties of certain state and local agencies and officials; to provide for the making of loans for transportation purposes by the state transportation department and for the receipt and repayment by local units and agencies of those loans from certain specified sources; and to repeal acts and parts of acts," by amending sections 10o and 11b (MCL 247.660o and 247.661b), section 10o as amended by 2000 PA 188 and section 11b as amended by 1992 PA 223.

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

 

 

Reps. Toy, Stewart, Voorhees, Bovin, Daniels, Jacobs, Vander Veen, Kuipers, Ehardt, Plakas, Pappageorge and Zelenko introduced

House Bill No. 5208, entitled

A bill to amend 1949 PA 300, entitled "Michigan vehicle code," by amending sections 226, 801b, 802, and 803g (MCL 257.226, 257.801b, 257.802, and 257.803g), section 226 as amended by 2000 PA 36, section 801b as amended by 1986 PA 311, section 802 as amended by 1998 PA 396, and section 803g as added by 1987 PA 151.

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

 

 

Rep. Woronchak introduced

House Bill No. 5209, entitled

A bill to amend 1979 PA 94, entitled "The state school aid act of 1979," by amending section 101 (MCL 388.1701), as amended by 2000 PA 297.

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

Reps. Shackleton, Van Woerkom, Gilbert, Vander Veen, Voorhees, Raczkowski, Birkholz, Godchaux, Caul, Allen and Kowall introduced

House Bill No. 5210, entitled

A bill to amend 1949 PA 300, entitled "Michigan vehicle code," by amending section 811k (MCL 257.811k), as added by 2000 PA 73.

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

 

 

Reps. Vear, Wojno, Richardville, Cassis, Drolet, Gosselin, Koetje, Birkholz, Basham, Raczkowski, Pappageorge, Hummel, Shackleton, Mead, Newell, Allen, Meyer, Kowall, Woronchak, Toy, Godchaux, Faunce, Switalski, O'Neil, Minore, Hale, Hart, Hager, Van Woerkom and Bovin introduced

House Bill No. 5211, entitled

A bill to amend 1893 PA 206, entitled "The general property tax act," by amending section 19 (MCL 211.19), as amended by 1996 PA 126.

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

 

 

Reps. Richardville, Vear, Wojno, Koetje, Cassis, Drolet, Gosselin, Birkholz, Basham, Pappageorge, Raczkowski, Hummel, Mead, Shackleton, Newell, Allen, Meyer, Kowall, Woronchak, Toy, Godchaux, Faunce, O'Neil, Minore, Hale, Hart, Hager, Van Woerkom and Bovin introduced

House Bill No. 5212, entitled

A bill to amend 1937 PA 94, entitled "Use tax act," by amending section 14 (MCL 205.104), as amended by 1986 PA 41.

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

 

 

Reps. Wojno, Richardville, Vear, Cassis, Birkholz and Williams introduced

House Bill No. 5213, entitled

A bill to amend 1893 PA 206, entitled "The general property tax act," by amending section 56a (MCL 211.56a), as amended by 1998 PA 435.

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

 

 

Reps. Stewart, Vear, Mead, Scranton, George, LaSata, Godchaux, Shackleton, Stamas and Drolet introduced

House Bill No. 5214, entitled

A bill to amend 1967 PA 281, entitled "Income tax act of 1967," by amending section 260 (MCL 206.260), as amended by 1996 PA 484.

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

 

 

Reps. Waters and Allen introduced

House Bill No. 5215, entitled

A bill to amend 1980 PA 450, entitled "The tax increment finance authority act," by amending section 26 (MCL 125.1826).

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

 

 

Reps. Patterson, Kowall, Stewart, Kuipers, Drolet, Birkholz, Lipsey, Raczkowski, Jacobs, Cassis and Woodward introduced

House Bill No. 5216, entitled

A bill to amend 1954 PA 116, entitled "Michigan election law," by amending sections 577, 578, 580, 626, 661, 691, 738, 770, 770a, 771, 772, 773, 776, 781, 786, 789, 790, 791, 792, 793, 795, 795a, 796a, 797, 797a, 798b, 798c, and 799a (MCL 168.577, 168.578, 168.580, 168.626, 168.661, 168.691, 168.738, 168.770, 168.770a, 168.771, 168.772, 168.773, 168.776, 168.781, 168.786, 168.789, 168.790, 168.791, 168.792, 168.793, 168.795, 168.795a, 168.796a, 168.797, 168.797a, 168.798b, 168.798c, and 168.799a), section 580 as amended by 1985 PA 160, sections 626 and 797a as amended by 1996 PA 583, section 661 as amended by 1982 PA 2, sections 738 and 786 as amended by 1996 PA 213, section 795 as amended by 1999 PA 218, sections 795a and 796a as amended by 1998 PA 215, section 797 as amended by 1992 PA 8, sections 798b and 798c as amended by 1990 PA 109, and section 799a as amended by 1997 PA 137, and by adding section 17; and to repeal acts and parts of acts.

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

Reps. Patterson, Raczkowski, Stewart, Kuipers, Pappageorge, Drolet, Voorhees, Lipsey, Birkholz, Wojno, Vear, Bovin, Richardville, Shackleton, Richner and Bishop introduced

House Bill No. 5217, entitled

A bill to amend 1967 PA 281, entitled "Income tax act of 1967," by amending section 351 (MCL 206.351), as amended by 1996 PA 264, and by adding section 351a.

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

 

 

Reps. Patterson, Raczkowski, Bishop, LaSata, Shulman, Koetje, Howell, Stewart, Kuipers, Neumann, Frank, Wojno, Whitmer, Basham, Minore, Bernero, Adamini, Jacobs, Bogardus, Lockwood, Woodward and Bovin introduced

House Bill No. 5218, entitled

A bill to amend 1956 PA 218, entitled "The insurance code of 1956," by amending section 3009 (MCL 500.3009), as amended by 1988 PA 43.

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

 

 

Reps. Patterson, Raczkowski, LaSata, Bishop, Shulman, Koetje, Howell, Stewart, Kuipers, Neumann, Frank, Wojno, Whitmer, Basham, Minore, Bernero, Adamini, Jacobs, Bogardus, Lockwood, Woodward and Bovin introduced

House Bill No. 5219, entitled

A bill to amend 1949 PA 300, entitled "Michigan vehicle code," by amending sections 45, 401, 514, and 520 (MCL 257.45, 257.401, 257.514, and 257.520), section 401 as amended by 1995 PA 98.

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

 

 

Reps. Voorhees, Richardville, Kooiman, Birkholz, Kuipers, Vander Veen, Dennis, Schauer, Pestka, Bernero, Williams, Ehardt, DeWeese and Garza introduced

House Bill No. 5220, entitled

A bill to name a certain portion of highway business route 196 the "Cesar E. Chavez Way"; and to prescribe certain duties of the state transportation department.

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

 

 

Rep. LaSata introduced

House Bill No. 5221, entitled

A bill to amend 1968 PA 251, entitled "Cemetery regulation act," by amending section 2 (MCL 456.522), as amended by 1982 PA 132.

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

 

 

Reps. Gosselin and Drolet introduced

House Bill No. 5222, entitled

A bill to amend 1931 PA 328, entitled "The Michigan penal code," by amending section 159g (MCL 750.159g), as amended by 1997 PA 75.

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

 

 

Reps. Gosselin, Drolet and Bovin introduced

House Bill No. 5223, entitled

A bill to amend 1961 PA 236, entitled "Revised judicature act of 1961," by amending section 5714 (MCL 600.5714), as amended by 1990 PA 310.

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

 

 

Reps. Bogardus, Phillips, Jamnick, Minore, Hale and Jacobs introduced

House Bill No. 5224, entitled

A bill to amend 1956 PA 218, entitled "The insurance code of 1956," (MCL 500.100 to 500.8302) by adding section 3406q.

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

Reps. Bogardus, Phillips, Jamnick, Minore, Hale and Jacobs introduced

House Bill No. 5225, entitled

A bill to amend 1980 PA 350, entitled "The nonprofit health care corporation reform act," (MCL 550.1101 to 550.1704) by adding section 416c.

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

 

 

Rep. Birkholz introduced

House Bill No. 5226, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending section 2132 (MCL 324.2132), as amended by 1998 PA 117.

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

 

 

Rep. DeWeese introduced

House Bill No. 5227, entitled

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

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

 

 

Reps. Bovin, Raczkowski, Anderson, Zelenko, Schauer, Jacobs, Rivet, Bernero, Basham, Sheltrown, Rich Brown, Whitmer, Neumann, Frank, Mans, Kolb, Spade, Minore, Bogardus, Hardman and DeWeese introduced

House Bill No. 5228, entitled

A bill to amend 1963 PA 125, entitled "An act to provide for the incorporation, supervision, and regulation of nonprofit dental care corporations; to prescribe the functions of the commissioner of insurance as to such corporations; to provide for the imposition of a regulatory fee; and to prescribe penalties for violations of this act," by amending section 8 (MCL 550.358).

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

 

 

Reps. DeWeese, Raczkowski, Jacobs, Zelenko, Bovin, Schauer, Rivet, Bernero, Basham, Sheltrown, Rich Brown, Whitmer, Neumann, Frank, Mans, Kolb, Spade, Minore, Bogardus and Hardman introduced

House Bill No. 5229, entitled

A bill to amend 1978 PA 368, entitled "Public health code," by amending section 16221 (MCL 333.16221), as amended by 2000 PA 29.

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

 

 

Reps. Whitmer, Raczkowski, Murphy, Zelenko, Bovin, Schauer, Jacobs, Rivet, Basham, Bernero, Sheltrown, Rich Brown, Neumann, Frank, Mans, Kolb, Spade, Minore, Bogardus, Hardman and DeWeese introduced

House Bill No. 5230, entitled

A bill to amend 1974 PA 258, entitled "Mental health code," (MCL 330.1001 to 330.2106) by adding section 149c.

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

 

 

Reps. Schauer, Raczkowski, Zelenko, Bovin, Jacobs, Rivet, Bernero, Basham, Sheltrown, Whitmer, Rich Brown, Neumann, Frank, Mans, Kolb, Spade, Minore, Bogardus, Hardman and DeWeese introduced

House Bill No. 5231, entitled

A bill to amend 1976 PA 220, entitled "Persons with disabilities civil rights act," by amending section 202 (MCL 37.1202), as amended by 2000 PA 32.

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

 

 

Reps. Anderson, Raczkowski, Daniels, Zelenko, Bovin, Schauer, Jacobs, Rivet, Basham, Bernero, Sheltrown, Rich Brown, Whitmer, Neumann, Frank, Mans, Kolb, Spade, Minore, Bogardus, Hardman and DeWeese introduced

House Bill No. 5232, entitled

A bill to amend 1956 PA 218, entitled "The insurance code of 1956," (MCL 500.100 to 500.8302) by adding section 403a.

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

Reps. Jacobs, Raczkowski, Anderson, Zelenko, Bovin, Schauer, Rivet, Bernero, Basham, Sheltrown, Rich Brown, Whitmer, Neumann, Frank, Mans, Kolb, Spade, Minore, Bogardus, Hardman and DeWeese introduced

House Bill No. 5233, entitled

A bill to amend 1963 PA 125, entitled "An act to provide for the incorporation, supervision, and regulation of nonprofit dental care corporations; to prescribe the functions of the commissioner of insurance as to such corporations; to provide for the imposition of a regulatory fee; and to prescribe penalties for violations of this act," (MCL 550.351 to 550.373) by adding section 3a.

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

 

 

Reps. Zelenko, Raczkowski, Bovin, Schauer, Jacobs, Rivet, Basham, Bernero, Sheltrown, Whitmer, Rich Brown, Neumann, Frank, Mans, Kolb, Spade, Minore, Bogardus, Hardman and DeWeese introduced

House Bill No. 5234, entitled

A bill to amend 1980 PA 350, entitled "The nonprofit health care corporation reform act," by amending section 605 (MCL 550.1605).

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

 

 

Reps. Raczkowski, Jacobs, Bogardus, Neumann, Whitmer, Bernero, Sheltrown, Hardman, Zelenko and DeWeese introduced

House Bill No. 5235, entitled

A bill to amend 1978 PA 368, entitled "Public health code," by amending section 16226 (MCL 333.16226), as amended by 2000 PA 29.

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

 

 

Reps. Drolet and Vander Veen introduced

House Bill No. 5236, entitled

A bill to amend 1949 PA 300, entitled "Michigan vehicle code," by amending section 628 (MCL 257.628), as amended by 2000 PA 167.

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

 

 

Reps. Drolet and Gosselin introduced

House Bill No. 5237, entitled

A bill to amend 1954 PA 116, entitled "Michigan election law," by amending section 685 (MCL 168.685), as amended by 1990 PA 329.

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

 

 

Reps. Drolet, Gosselin and Lemmons introduced

House Bill No. 5238, entitled

A bill to amend 1893 PA 206, entitled "The general property tax act," (MCL 211.1 to 211.157) by adding section 9i.

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

 

 

Reps. Raczkowski, Pappageorge, Stewart and Birkholz introduced

House Bill No. 5239, entitled

A bill to regulate the servicing, repair, and maintenance of certain appliances and the compensation received by certain persons for those activities; to provide for certain disclosures and warranties regarding those activities; to limit certain representations by service dealers; and to provide for certain remedies.

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

 

 

Reps. Raczkowski, Vander Veen, Voorhees, Pappageorge, Stewart and Birkholz introduced

House Bill No. 5240, entitled

A bill to authorize certain interceptions of communications and the use of interception devices for certain offenses; to provide for and regulate the application, issuance, and execution of interception orders; to prescribe the powers and duties of certain agencies, officers, and employees; to regulate the use and disclosure of communications and evidence intercepted or obtained under this act; to provide remedies and exemptions from liability; to prescribe penalties; and to repeal acts and parts of acts.

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

Reps. Bishop, Pappageorge and Ruth Johnson introduced

House Bill No. 5241, entitled

A bill to amend 1994 PA 295, entitled "Sex offenders registration act," by amending section 5 (MCL 28.725), as amended by 1999 PA 85.

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

 

 

Reps. Vander Veen, Richardville, Tabor, Meyer, Voorhees, Birkholz, Stewart, Toy and Hart introduced

House Bill No. 5242, entitled

A bill to amend 1994 PA 203, entitled "Foster care and adoption services act," by amending section 8 (MCL 722.958).

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

 

 

Rep. Stallworth introduced

House Bill No. 5243, entitled

A bill to require certain persons that provide automatic teller machine services to disclose information regarding fees and charges.

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

 

 

Rep. Stallworth introduced

House Bill No. 5244, entitled

A bill to amend 1999 PA 276, entitled "Banking code of 1999," (MCL 487.11101 to 487.15105) by adding section 4110.

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

 

 

Rep. Stallworth introduced

House Bill No. 5245, entitled

A bill to amend 1925 PA 285, entitled "An act to provide for the organization, operation, and supervision of credit unions; to provide for the conversion of a state credit union into a federal credit union or a credit union organized and supervised under the laws of any other state or territory of the United States and for the conversion of a federal credit union or a credit union organized and supervised under the laws of any other state or territory of the United States into a state credit union; and to provide for the merger of credit unions organized and supervised under the laws of this state, credit unions organized and supervised under the laws of any other state or territory of the United States, and federal credit unions," (MCL 490.1 to 490.31) by adding section 16c.

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

 

 

Rep. Stallworth introduced

House Bill No. 5246, entitled

A bill to amend 1996 PA 354, entitled "Savings bank act," (MCL 487.3101 to 487.3804) by adding section 513.

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

 

 

Rep. Stallworth introduced

House Bill No. 5247, entitled

A bill to amend 1980 PA 307, entitled "Savings and loan act of 1980," (MCL 491.102 to 491.1202) by adding section 1135.

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

 

 

Rep. Stallworth introduced

House Bill No. 5248, entitled

A bill to amend 1993 PA 327, entitled "Tobacco products tax act," by amending sections 7 and 12 (MCL 205.427 and 205.432), as amended by 1997 PA 187.

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

Reps. Koetje, Pappageorge, Van Woerkom, Bovin, Kuipers, Shackleton, Ehardt, Vander Veen and Patterson introduced

House Bill No. 5249, entitled

A bill to amend 1931 PA 328, entitled "The Michigan penal code," (MCL 750.1 to 750.568) by adding section 395.

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

 

 

Reps. Gosselin, Julian, Drolet and Middaugh introduced

House Joint Resolution R, entitled

A joint resolution proposing an amendment to the state constitution of 1963, by amending section 26 of article IV, to provide for concurrence of 3/4 of the members of each house to impose certain taxes or to make certain modifications to certain taxes.

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

 

 

______

 

 

Rep. Basham moved that the House adjourn.

The motion prevailed, the time being 4:00 p.m.

 

Associate Speaker Pro Tempore Julian declared the House adjourned until Wednesday, October 17, at 2:00 p.m.

 

 

GARY L. RANDALL

Clerk of the House of Representatives.