No. 39
STATE OF MICHIGAN
JOURNAL
OF THE
House of Representatives
91st Legislature
REGULAR SESSION OF 2002
House Chamber, Lansing, Wednesday, May 1, 2002.
2:00 p.m.
The House was called to order by the Speaker.
The roll was called by the Clerk of the House of Representatives, who announced that a quorum was present.
Adamini--present
Allen--present
Anderson--present
Basham--present
Bernero--present
Birkholz--present
Bisbee--present
Bishop--present
Bogardus--present
Bovin--present
Bradstreet--present
Brown, Bob--present
Brown, Cameron--present
Brown, Rich--present
Callahan--present
Cassis--present
Caul--present
Clark--present
Clarke--present
Daniels--present
Dennis--present
DeRossett--present
DeVuyst--present
DeWeese--present
Drolet--present
Ehardt--present
Faunce--present
Frank--present
Garza--present
George--present
Gieleghem--present
Gilbert--present
Godchaux--present
Gosselin--present
Hager--present
Hale--present
Hansen--present
Hardman--present
Hart--present
Howell--present
Hummel--present
Jacobs--present
Jamnick--present
Jansen--present
Jelinek--present
Johnson, Rick--present
Johnson, Ruth--present
Julian--present
Koetje--present
Kolb--present
Kooiman--present
Kowall--present
Kuipers--present
LaSata--present
Lemmons--present
Lipsey--present
Lockwood--present
Mans--present
McConico--present
Mead--present
Meyer--present
Middaugh--present
Minore--present
Mortimer--present
Murphy--present
Neumann--present
Newell--present
O'Neil--present
Palmer--present
Pappageorge--present
Patterson--present
Pestka--present
Phillips--present
Plakas--present
Pumford--present
Quarles--present
Raczkowski--present
Reeves--present
Richardville--present
Richner--present
Rison--present
Rivet--present
Rocca--present
Schauer--present
Schermesser--present
Scranton--present
Shackleton--present
Sheltrown--present
Shulman--present
Spade--present
Stallworth--present
Stamas--present
Stewart--present
Switalski--present
Tabor--present
Thomas--present
Toy--present
Van Woerkom--present
Vander Roest--present
Vander Veen--present
Vear--present
Voorhees--present
Waters--present
Whitmer--excused
Williams--present
Wojno--present
Woodward--present
Woronchak--present
Zelenko--present
e/d/s = entered during session
Rev. David Cheyne, Pastor of the LeRoy United Methodist Church in LeRoy, offered the following invocation:
"God of love and wisdom, we need Your help and guidance today. We need Your divine presence and inspiration. We pray that You will guide each member as they listen to each issue, as they consider the best for all, and all the ramifications that are involved. Help them, as they discern what the great power and reason of the whole universe would give them. May Your love, Your strength, Your guidance, and Your wisdom be with all. Amen."
______
The Speaker called Associate Speaker Pro Tempore Julian to the Chair.
Messages from the Senate
House Bill No. 4057, entitled
A bill to amend 1978 PA 368, entitled "Public health code," (MCL 333.1101 to 333.25211) by adding section 20173.
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 1978 PA 368, entitled "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," by amending the title and sections 20161 (MCL 333.20161), the title as amended by 1998 PA 332 and section 20161 as amended by 2000 PA 253, and by adding section 20173.
The Speaker announced that pursuant to Rule 45, the bill was laid over one day.
Rep. Patterson moved that Rule 45 be suspended.
The motion prevailed, 3/5 of the members present voting therefor.
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. 616 Yeas--92
Adamini Garza Kuipers Rison
Allen George LaSata Rivet
Anderson Gieleghem Lemmons Schauer
Basham Gilbert Lipsey Scranton
Bernero Godchaux Lockwood Shackleton
Birkholz Hager Mans Sheltrown
Bisbee Hale Mead Shulman
Bovin Hansen Meyer Spade
Brown, B. Hardman Middaugh Stallworth
Brown, C. Hart Minore Stewart
Brown, R. Howell Mortimer Switalski
Callahan Hummel Murphy Tabor
Cassis Jacobs Neumann Thomas
Caul Jamnick Newell Toy
Clark, I. Jansen O'Neil Van Woerkom
Clarke, H. Jelinek Pappageorge Vander Roest
Daniels Johnson, Rick Patterson Vander Veen
Dennis Johnson, Ruth Pestka Vear
DeRossett Julian Phillips Voorhees
DeVuyst Koetje Pumford Waters
DeWeese Kolb Quarles Wojno
Ehardt Kooiman Richardville Woronchak
Faunce Kowall Richner Zelenko
Nays--14
Bishop Gosselin Reeves Stamas
Bradstreet McConico Rocca Williams
Drolet Palmer Schermesser Woodward
Frank Raczkowski
In The Chair: Julian
The House agreed to the title as amended.
The bill was referred to the Clerk for enrollment printing and presentation to the Governor.
______
Reps. Gosselin, Raczkowski and Drolet, having reserved the right to explain their nay vote, made the following statement:
"Mr. Speaker and members of the House:
I vote 'no' on this bill because it will create a burden on many senior citizens. I concur with those Senators who lambasted the federal government for requiring the state to impose a tax increase in order to get our own money back from Washington. We should get our money back from Washington, but not at the expense of the many senior citizens who will have to pay an additional $1,000 per year to live in a nursing home. For this reason I must vote 'no'."
Third Reading of Bills
Senate Bill No. 1081, entitled
A bill to repeal 1931 PA 316, entitled "An act to authorize cities and villages to construct, own, equip, operate, maintain and improve works for the disposal of sewage; to authorize charges against owners of premises for the use of such works and to provide for the collection of the same; to authorize cities and villages to issue revenue bonds payable solely from the revenues of such works; and to make such bonds exempt from taxation and to make them lawful investments of sinking funds; to authorize contracts for the use of such works by private corporations and by other cities and villages and political subdivisions and charges against owners of premises therein served thereby," (MCL 123.201 to 123.220).
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 617 Yeas--103
Adamini Faunce Kuipers Rocca
Allen Frank LaSata Schauer
Anderson Garza Lemmons Schermesser
Basham George Lipsey Scranton
Bernero Gieleghem Lockwood Shackleton
Birkholz Gilbert Mans Sheltrown
Bisbee Godchaux Mead Shulman
Bishop Gosselin Meyer Spade
Bogardus Hager Middaugh Stallworth
Bovin Hale Minore Stamas
Bradstreet Hansen Mortimer Stewart
Brown, B. Hardman Murphy Tabor
Brown, C. Hart Neumann Thomas
Brown, R. Howell Newell Toy
Callahan Hummel Palmer Van Woerkom
Cassis Jacobs Pappageorge Vander Roest
Caul Jamnick Patterson Vander Veen
Clark, I. Jansen Pestka Vear
Clarke, H. Jelinek Phillips Voorhees
Daniels Johnson, Rick Pumford Waters
Dennis Johnson, Ruth Quarles Williams
DeRossett Julian Raczkowski Wojno
DeVuyst Koetje Reeves Woodward
DeWeese Kolb Richardville Woronchak
Drolet Kooiman Richner Zelenko
Ehardt Kowall Rison
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. 1083, entitled
A bill to repeal 1941 PA 66, entitled "An act validating all proceedings heretofore had by the governing body of any city in this state having a water front bordering on any navigable waters which has heretofore provided for the acquisition, improvement and repair of water front facilities and improvements and for the issuance of revenue bonds in payment of the cost thereof; validating provisions which may have been made by such cities for the operation and control of such facilities and improvements; granting to such cities the right to license ferries and similar commercial craft and to impose fees and charges for the use of public piers, wharves, docks and landing places therein and to regulate and license the construction, operation, maintenance and business of owning private piers, wharves, docks and landing places of boats, ferries and craft on and adjacent to any lands bordering on such navigable waters with power to cancel such licenses and to make rules and regulations governing the construction, operation and maintenance thereof; validating any agreements which may have been entered into for the leasing of any part of such facilities or improvements; authorizing the issuance of such bonds; and granting supervision and regulation by such cities of all lands located therein which border on such navigable waters, including lands owned by the state of Michigan," (MCL 123.601 to 123.604).
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 618 Yeas--102
Adamini Faunce LaSata Rivet
Allen Frank Lemmons Rocca
Anderson Garza Lipsey Schauer
Basham George Lockwood Schermesser
Bernero Gieleghem Mans Scranton
Birkholz Gilbert Mead Shackleton
Bisbee Godchaux Meyer Sheltrown
Bishop Gosselin Middaugh Shulman
Bogardus Hager Minore Spade
Bovin Hale Mortimer Stamas
Bradstreet Hansen Murphy Stewart
Brown, B. Hardman Neumann Switalski
Brown, C. Hart Newell Tabor
Brown, R. Howell Palmer Thomas
Callahan Hummel Pappageorge Toy
Cassis Jacobs Patterson Van Woerkom
Caul Jansen Pestka Vander Roest
Clark, I. Jelinek Phillips Vander Veen
Clarke, H. Johnson, Rick Plakas Vear
Daniels Johnson, Ruth Pumford Voorhees
Dennis Julian Quarles Williams
DeRossett Koetje Reeves Wojno
DeVuyst Kolb Richardville Woodward
DeWeese Kooiman Richner Woronchak
Drolet Kowall Rison Zelenko
Ehardt Kuipers
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. 1084, entitled
A bill to amend 1976 PA 448, entitled "Michigan energy employment act of 1976," by amending section 42 (MCL 460.842), as amended by 1983 PA 120.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 619 Yeas--105
Adamini George Lockwood Rocca
Allen Gieleghem Mans Schauer
Anderson Gilbert McConico Schermesser
Basham Godchaux Mead Scranton
Bernero Gosselin Meyer Shackleton
Birkholz Hager Middaugh Sheltrown
Bisbee Hale Minore Shulman
Bishop Hansen Mortimer Spade
Bogardus Hardman Murphy Stallworth
Bovin Hart Neumann Stamas
Bradstreet Howell Newell Stewart
Brown, B. Hummel O'Neil Switalski
Brown, C. Jacobs Palmer Tabor
Brown, R. Jamnick Pappageorge Thomas
Callahan Jansen Patterson Toy
Cassis Jelinek Pestka Van Woerkom
Caul Johnson, Rick Phillips Vander Roest
Clark, I. Johnson, Ruth Plakas Vander Veen
Clarke, H. Julian Pumford Vear
Daniels Koetje Quarles Voorhees
Dennis Kolb Raczkowski Waters
DeVuyst Kooiman Reeves Williams
DeWeese Kowall Richardville Wojno
Drolet LaSata Richner Woodward
Faunce Lemmons Rison Woronchak
Frank Lipsey Rivet Zelenko
Garza
Nays--0
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 prescribe the powers and duties of municipalities and governmental units to acquire, finance, maintain, and operate generating, transmission, and distribution facilities of electric power and energy, fuel and energy sources and reserves and all necessary related properties, equipment and facilities; to permit the exercise of those powers in joint venture or joint agency agreements; to provide for the issuance of bonds and notes; to prescribe the powers and duties of the municipal finance commission or its successor agency and of certain other state officers and agencies with respect to municipal electric utility financing; to create certain funds and prescribe their operation; to provide for tax exemptions and other exemptions and to prescribe penalties and provide remedies,".
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.
Senate Bill No. 639, entitled
A bill to amend 1956 PA 218, entitled "The insurance code of 1956," by amending section 8142 (MCL 500.8142), as amended by 1998 PA 279.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 620 Yeas--106
Adamini George Lockwood Rocca
Allen Gieleghem Mans Schauer
Anderson Gilbert McConico Schermesser
Basham Godchaux Mead Scranton
Bernero Gosselin Meyer Shackleton
Birkholz Hager Middaugh Sheltrown
Bisbee Hale Minore Shulman
Bishop Hansen Mortimer Spade
Bogardus Hardman Murphy Stallworth
Bovin Hart Neumann Stamas
Bradstreet Howell Newell Stewart
Brown, B. Hummel O'Neil Switalski
Brown, C. Jacobs Palmer Tabor
Brown, R. Jamnick Pappageorge Thomas
Callahan Jansen Patterson Toy
Cassis Jelinek Pestka Van Woerkom
Caul Johnson, Rick Phillips Vander Roest
Clark, I. Johnson, Ruth Plakas Vander Veen
Clarke, H. Julian Pumford Vear
Daniels Koetje Quarles Voorhees
Dennis Kolb Raczkowski Waters
DeVuyst Kooiman Reeves Williams
DeWeese Kowall Richardville Wojno
Drolet Kuipers Richner Woodward
Faunce LaSata Rison Woronchak
Frank Lemmons Rivet Zelenko
Garza Lipsey
Nays--0
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 revise, consolidate, and classify the laws relating to the insurance and surety business; to regulate the incorporation or formation of domestic insurance and surety companies and associations and the admission of foreign and alien companies and associations; to provide their rights, powers, and immunities and to prescribe the conditions on which companies and associations organized, existing, or authorized under this act may exercise their powers; to provide the rights, powers, and immunities and to prescribe the conditions on which other persons, firms, corporations, associations, risk retention groups, and purchasing groups engaged in an insurance or surety business may exercise their powers; to provide for the imposition of a privilege fee on domestic insurance companies and associations and the state accident fund; to provide for the imposition of a tax on the business of foreign and alien companies and associations; to provide for the imposition of a tax on risk retention groups and purchasing groups; to provide for the imposition of a tax on the business of surplus line agents; to provide for the imposition of regulatory fees on certain insurers; to modify tort liability arising out of certain accidents; to provide for limited actions with respect to that modified tort liability and to prescribe certain procedures for maintaining those actions; to require security for losses arising out of certain accidents; to provide for the continued availability and affordability of automobile insurance and homeowners insurance in this state and to facilitate the purchase of that insurance by all residents of this state at fair and reasonable rates; to provide for certain reporting with respect to insurance and with respect to certain claims against uninsured or self-insured persons; to prescribe duties for certain state departments and officers with respect to that reporting; to provide for certain assessments; to establish and continue certain state insurance funds; to modify and clarify the status, rights, powers, duties, and operations of the nonprofit malpractice insurance fund; to provide for the departmental supervision and regulation of the insurance and surety business within this state; to provide for regulation over worker's compensation self-insurers; to provide for the conservation, rehabilitation, or liquidation of unsound or insolvent insurers; to provide for the protection of policyholders, claimants, and creditors of unsound or insolvent insurers; to provide for associations of insurers to protect policyholders and claimants in the event of insurer insolvencies; to prescribe educational requirements for insurance agents and solicitors; to provide for the regulation of multiple employer welfare arrangements; to create an automobile theft prevention authority to reduce the number of automobile thefts in this state; to prescribe the powers and duties of the automobile theft prevention authority; to provide certain powers and duties upon certain officials, departments, and authorities of this state; to repeal acts and parts of acts; and to provide penalties for the violation of this act,".
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.
House Bill No. 5761, entitled
A bill to amend 1978 PA 368, entitled "Public health code," by amending sections 20145 and 21523 (MCL 333.20145 and 333.21523), section 20145 as amended by 1993 PA 88.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 621 Yeas--106
Adamini Garza Lipsey Rivet
Allen George Lockwood Rocca
Anderson Gieleghem Mans Schauer
Basham Gilbert McConico Schermesser
Bernero Godchaux Mead Scranton
Birkholz Gosselin Meyer Shackleton
Bisbee Hager Middaugh Sheltrown
Bishop Hale Minore Shulman
Bogardus Hansen Mortimer Spade
Bovin Hardman Murphy Stallworth
Bradstreet Hart Neumann Stamas
Brown, B. Howell Newell Stewart
Brown, C. Hummel O'Neil Switalski
Brown, R. Jacobs Palmer Tabor
Callahan Jamnick Pappageorge Toy
Cassis Jansen Patterson Van Woerkom
Caul Jelinek Pestka Vander Roest
Clark, I. Johnson, Rick Phillips Vander Veen
Clarke, H. Johnson, Ruth Plakas Vear
Daniels Julian Pumford Voorhees
Dennis Koetje Quarles Waters
DeRossett Kolb Raczkowski Williams
DeVuyst Kooiman Reeves Wojno
DeWeese Kowall Richardville Woodward
Ehardt Kuipers Richner Woronchak
Faunce LaSata Rison Zelenko
Frank Lemmons
Nays--1
Drolet
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. 5521, 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 2001 PA 160.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 622 Yeas--106
Adamini Frank Lemmons Rocca
Allen Garza Lipsey Schauer
Anderson George Lockwood Schermesser
Basham Gieleghem Mans Scranton
Bernero Gilbert McConico Shackleton
Birkholz Godchaux Mead Sheltrown
Bisbee Gosselin Meyer Shulman
Bishop Hager Middaugh Spade
Bogardus Hale Minore Stallworth
Bovin Hansen Mortimer Stamas
Bradstreet Hardman Murphy Stewart
Brown, B. Hart Neumann Switalski
Brown, C. Howell Newell Tabor
Brown, R. Hummel O'Neil Thomas
Callahan Jacobs Palmer Toy
Cassis Jamnick Pappageorge Van Woerkom
Caul Jansen Patterson Vander Roest
Clark, I. Jelinek Pestka Vander Veen
Clarke, H. Johnson, Rick Pumford Vear
Daniels Johnson, Ruth Quarles Voorhees
Dennis Julian Raczkowski Waters
DeRossett Koetje Reeves Williams
DeVuyst Kolb Richardville Wojno
DeWeese Kooiman Richner Woodward
Drolet Kowall Rison Woronchak
Ehardt Kuipers Rivet Zelenko
Faunce LaSata
Nays--0
In The Chair: Julian
The question being on agreeing to the title of the bill,
Rep. Patterson moved to amend the title to read as follows:
A bill to amend 1927 PA 175, entitled "The code of criminal procedure," by amending section 12m of chapter XVII (MCL 777.12m), as added by 2002 PA 34.
The motion prevailed.
The House agreed to the title as amended.
House Bill No. 5103, entitled
A bill to amend 1978 PA 368, entitled "Public health code," by amending sections 16105, 16106, 16108, 16109, 16128, 16163, 16174, 16186, 16261, 16323, 16327, 16608, 16624, 17210, and 17221 (MCL 333.16105, 333.16106, 333.16108, 333.16109, 333.16128, 333.16163, 333.16174, 333.16186, 333.16261, 333.16323, 333.16327, 333.16608, 333.16624, 333.17210, and 333.17221), section 16106 as amended by 1997 PA 153, sections 16108 and 16186 as amended and sections 16323 and 16327 as added by 1993 PA 80, section 16109 as amended by 1991 PA 58, section 16174 as amended by 1998 PA 227, sections 16608 and 16624 as amended by 1990 PA 216, and section 17221 as amended by 1993 PA 79.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 623 Yeas--105
Adamini Garza Lipsey Rocca
Allen George Lockwood Schauer
Anderson Gieleghem Mans Schermesser
Basham Gilbert McConico Scranton
Bernero Godchaux Mead Shackleton
Birkholz Gosselin Meyer Sheltrown
Bisbee Hager Middaugh Shulman
Bishop Hale Minore Spade
Bogardus Hansen Mortimer Stallworth
Bovin Hardman Murphy Stamas
Bradstreet Hart Neumann Stewart
Brown, B. Howell Newell Switalski
Brown, C. Hummel O'Neil Tabor
Brown, R. Jacobs Palmer Thomas
Callahan Jamnick Pappageorge Toy
Cassis Jansen Patterson Van Woerkom
Caul Jelinek Pestka Vander Roest
Clark, I. Johnson, Rick Phillips Vander Veen
Clarke, H. Johnson, Ruth Plakas Vear
Daniels Julian Pumford Voorhees
DeRossett Koetje Raczkowski Waters
DeVuyst Kooiman Reeves Williams
DeWeese Kowall Richardville Wojno
Drolet Kuipers Richner Woodward
Ehardt LaSata Rison Woronchak
Faunce Lemmons Rivet Zelenko
Frank
Nays--0
In The Chair: Julian
The question being on agreeing to the title of the bill,
Rep. Patterson moved to amend the title to read as follows:
A bill to amend 1978 PA 368, entitled "Public health code," by amending sections 16105, 16106, 16108, 16128, 16163, 16174, 16186, 16261, 16323, and 16608 (MCL 333.16105, 333.16106, 333.16108, 333.16128, 333.16163, 333.16174, 333.16186, 333.16261, 333.16323, and 333.16608), section 16106 as amended by 1997 PA 153, sections 16108 and 16186 as amended and section 16323 as added by 1993 PA 80, section 16174 as amended by 1998 PA 227, and section 16608 as amended by 1990 PA 216.
The motion prevailed.
The House agreed to the title as amended.
Rep. Patterson moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
______
Rep. Vander Roest moved that Rep. Scranton be excused temporarily from today's session.
The motion prevailed.
Rep. Hale moved that Rep. Bogardus be excused temporarily from today's session.
The motion prevailed.
House Bill No. 5850, entitled
A bill to amend 1987 PA 230, entitled "Municipal health facilities corporations act," by amending sections 401, 406, and 412 (MCL 331.1401, 331.1406, and 331.1412), as amended by 1988 PA 502.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 624 Yeas--104
Adamini Garza Lipsey Rivet
Allen George Lockwood Rocca
Anderson Gieleghem Mans Schauer
Basham Gilbert McConico Schermesser
Bernero Godchaux Mead Shackleton
Birkholz Gosselin Meyer Sheltrown
Bisbee Hager Middaugh Shulman
Bishop Hale Minore Spade
Bovin Hansen Mortimer Stallworth
Bradstreet Hardman Murphy Stamas
Brown, B. Howell Neumann Stewart
Brown, C. Hummel Newell Switalski
Brown, R. Jacobs O'Neil Tabor
Callahan Jamnick Palmer Thomas
Cassis Jansen Pappageorge Toy
Caul Jelinek Patterson Van Woerkom
Clark, I. Johnson, Rick Pestka Vander Roest
Clarke, H. Johnson, Ruth Phillips Vander Veen
Daniels Julian Plakas Vear
DeRossett Koetje Pumford Voorhees
DeVuyst Kolb Quarles Waters
DeWeese Kooiman Raczkowski Williams
Drolet Kowall Reeves Wojno
Ehardt Kuipers Richardville Woodward
Faunce LaSata Richner Woronchak
Frank Lemmons Rison 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. 5758, entitled
A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending section 5419 (MCL 324.5419), as added by 2001 PA 165; 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. 625 Yeas--107
Adamini Frank Lemmons Rivet
Allen Garza Lipsey Rocca
Anderson George Lockwood Schauer
Basham Gieleghem Mans Schermesser
Bernero Gilbert McConico Shackleton
Birkholz Godchaux Mead Sheltrown
Bisbee Gosselin Meyer Shulman
Bishop Hager Middaugh Spade
Bogardus Hale Minore Stallworth
Bovin Hansen Mortimer Stamas
Bradstreet Hardman Murphy Stewart
Brown, B. Hart Neumann Switalski
Brown, C. Howell Newell Tabor
Brown, R. Hummel O'Neil Thomas
Callahan Jacobs Palmer Toy
Cassis Jamnick Pappageorge Van Woerkom
Caul Jansen Patterson Vander Roest
Clark, I. Jelinek Pestka Vander Veen
Clarke, H. Johnson, Rick Phillips Vear
Daniels Johnson, Ruth Plakas Voorhees
Dennis Julian Pumford Waters
DeRossett Koetje Quarles Williams
DeVuyst Kolb Raczkowski Wojno
DeWeese Kooiman Reeves Woodward
Drolet Kowall Richardville Woronchak
Ehardt Kuipers Richner Zelenko
Faunce LaSata Rison
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.
By unanimous consent the House returned to the order of
Reports of Standing Committees
The Committee on Civil Law and the Judiciary, by Rep. Howell, Chair, reported
House Bill No. 5869, entitled
A bill to amend 1927 PA 175, entitled "The code of criminal procedure," by amending section 6 of chapter V (MCL 765.6), as amended by 1988 PA 46.
The committee recommended that the bill be referred to the Committee on Criminal Justice.
Favorable Roll Call
HB 5869 To Report Out:
Yeas: Reps. Howell, Hummel, Palmer, Richner, Voorhees, Adamini, Lipsey, Waters,
Nays: None.
The recommendation was concurred in and the bill was referred to the Committee on Criminal Justice.
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: Tuesday, April 30, 2002, at 4:22 p.m.,
Present: Reps. Howell, Hummel, Palmer, Richner, Voorhees, Adamini, Lipsey, Waters,
Absent: Reps. Faunce, Koetje, McConico,
Excused: Reps. Faunce, Koetje, McConico.
The Committee on Transportation, by Rep. Gilbert, Chair, reported
Senate Bill No. 685, entitled
A bill to amend 2001 PA 142, entitled "Michigan memorial highway act," (MCL 250.1001 to 250.1100) by adding section 64.
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 685 To Report Out:
Yeas: Reps. Gilbert, George, Hummel, Ruth Johnson, Julian, Palmer, Scranton, Anderson, Bovin, Daniels, Jamnick, Neumann,
Nays: None.
The Committee on Transportation, by Rep. Gilbert, Chair, reported
Senate Bill No. 1000, entitled
A bill to amend 1949 PA 300, entitled "Michigan vehicle code," by amending section 252a (MCL 257.252a), as amended by 2000 PA 306.
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 1000 To Report Out:
Yeas: Reps. Gilbert, George, DeRossett, Hart, Hummel, Ruth Johnson, Julian, Anderson, Daniels, Jamnick, Neumann,
Nays: Reps. Drolet, Palmer, Schermesser.
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Gilbert, Chair of the Committee on Transportation, was received and read:
Meeting held on: Wednesday, May 1, 2002, at 9:00 a.m.,
Present: Reps. Gilbert, George, DeRossett, Drolet, Hart, Hummel, Ruth Johnson, Julian, Palmer, Scranton, Anderson, Bovin, Daniels, Jamnick, Murphy, Neumann, Schermesser.
The Committee on Family and Children Services, by Rep. Hart, Chair, reported
House Bill No. 5371, entitled
A bill to amend 1973 PA 116, entitled "An act to provide for the protection of children through the licensing and regulation of child care organizations; to provide for the establishment of standards of care for child care organizations; to prescribe powers and duties of certain departments of this state and adoption facilitators; to provide penalties; and to repeal acts and parts of acts," (MCL 722.111 to 722.128) by adding section 11b.
With the recommendation that the following amendments be adopted and that the bill then pass.
1. Amend page 1, line 1, after "DEPARTMENT" by inserting "OF CONSUMER AND INDUSTRY SERVICES".
2. Amend page 1, line 2, by striking out "REGISTRY" and inserting "DATABASE".
3. Amend page 1, line 4, after "THE" by striking out "REGISTRY" ad inserting "DATABASE".
4. Amend page 2, line 6, by striking out all of subdivision (D) and relettering the remaining subdivision.
5. Amend page 2, line 13, after the first "THE" by striking out "LIST" and inserting "DATABASE".
6. Amend page 2, line 14, after "THROUGH" by striking out the balance of the line and inserting "THAT DEPARTMENT'S".
7. Amend page 2, line 17, by striking out "PUBLISH AND DISTRIBUTE PAMPHLETS TO".
8. Amend page 2, line 17, after "PUBLIC" by inserting a comma and "THROUGH PRESS RELEASES OR OTHER MEDIA AVENUES,".
9. Amend page 2, line 18, after "THE" by striking out "REGISTRY" and inserting "DATABASE".
10. Amend page 2, line 19, after "THAT" by striking out "REGISTRY" and inserting "DATABASE".
The bill and amendments were referred to the order of Second Reading of Bills.
Favorable Roll Call
HB 5371 To Report Out:
Yeas: Reps. Hart, Vander Veen, Hager, Bernero, Rison,
Nays: None.
The Committee on Family and Children Services, by Rep. Hart, Chair, reported
House Bill No. 5372, entitled
A bill to amend 1975 PA 238, entitled "Child protection law," by amending sections 2, 3, 7, and 8a (MCL 722.622, 722.623, 722.627, and 722.628a), sections 2 and 7 as amended by 2000 PA 45, section 3 as amended by 1994 PA 177, and section 8a as added by 1992 PA 39.
With the recommendation that the substitute (H-2) be adopted and that the bill then pass.
The bill and substitute were referred to the order of Second Reading of Bills.
Favorable Roll Call
HB 5372 To Report Out:
Yeas: Reps. Hart, Vander Veen, Hager, Tabor, Bernero, Rison,
Nays: Rep. None.
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Hart, Chair of the Committee on Family and Children Services, was received and read:
Meeting held on: Tuesday, April 30, 2002, at 4:10 p.m.,
Present: Reps. Hart, Vander Veen, DeWeese, Hager, Tabor, Murphy, Bernero, Rison,
Absent: Rep. Garza,
Excused: Rep. Garza.
The Committee on House Oversight and Operations, by Rep. Patterson, Chair, reported
House Bill No. 5946, entitled
A bill to designate an official amphibian of this state.
The committee recommended that the bill be referred to the Committee on Conservation and Outdoor Recreation.
Favorable Roll Call
HB 5946 To Report Out:
Yeas: Reps. Patterson, Julian, Kuipers, Jacobs, Lipsey,
Nays: None.
The recommendation was concurred in and the bill was referred to the Committee on Conservation and Outdoor Recreation.
The Committee on House Oversight and Operations, by Rep. Patterson, Chair, reported
Senate Bill No. 1056, entitled
A bill to repeal 1955 PA 191, entitled "An act authorizing the state highway commissioner of Michigan to enter into negotiations with the Wisconsin state highway commissioner in the preparation of plans, specifications and designs of an interstate bridge extending from First street in Menominee across the Menominee river to Ogden street in Marinette, Wisconsin, and to provide for the cost and expense of such plans, specifications and designs," (MCL 254.131).
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 1056 To Report Out:
Yeas: Reps. Patterson, Julian, Kuipers, Jacobs, Lipsey,
Nays: None.
The Committee on House Oversight and Operations, by Rep. Patterson, Chair, reported
House Resolution No. 412.
A resolution to express support for the Republic of China on Taiwan's participation in the World Health Organization.
(For text of resolution, see House Journal No. 34, p. 1186.)
With the recommendation that the resolution be adopted.
The Speaker announced that under Rule 77 the resolution would lie over one day.
Favorable Roll Call
HR 412 To Report Out:
Yeas: Reps. Patterson, Julian, Kuipers, Jacobs, Lipsey,
Nays: None.
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Patterson, Chair of the Committee on House Oversight and Operations, was received and read:
Meeting held on: Wednesday, May 1, 2002, at 10:30 a.m.,
Present: Reps. Patterson, Julian, Kuipers, Jacobs, Lipsey.
The Committee on Tax Policy, by Rep. Cassis, Chair, reported
House Bill No. 5403, entitled
A bill to amend 1975 PA 228, entitled "Single business tax act," by amending section 9 (MCL 208.9), as amended by 1998 PA 539.
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 5403 To Report Out:
Yeas: Reps. Cassis, Vear, Drolet, Faunce, Gosselin, Kowall, Meyer, Newell, Richardville, Woronchak, Quarles, Basham, Bob Brown, Minore, O'Neil,
Nays: None.
The Committee on Tax Policy, by Rep. Cassis, Chair, reported
Senate Bill No. 834, entitled
A bill to amend 1994 PA 53, entitled "An act to authorize internally pooled investments by certain local governmental units," by amending section 1 (MCL 123.931).
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 834 To Report Out:
Yeas: Reps. Vear, Drolet, Faunce, Gosselin, Kowall, Meyer, Newell, Richardville, Woronchak, Quarles, Basham, Bob Brown, Hale, Minore, O'Neil,
Nays: None.
The Committee on Tax Policy, by Rep. Cassis, Chair, reported
Senate Bill No. 840, entitled
A bill to amend 1971 PA 140, entitled "Glenn Steil state revenue sharing act of 1971," by amending section 17a (MCL 141.917a), as amended by 1987 PA 283.
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 840 To Report Out:
Yeas: Reps.Vear, Drolet, Faunce, Gosselin, Kowall, Meyer, Newell, Richardville, Woronchak, Quarles, Basham, Bob Brown, Hale, Minore, O'Neil,
Nays: None.
The Committee on Tax Policy, by Rep. Cassis, Chair, reported
Senate Bill No. 863, entitled
A bill to amend 1980 PA 243, entitled "Emergency municipal loan act," by amending section 4 (MCL 141.934), as amended by 1998 PA 528.
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 863 To Report Out:
Yeas: Reps. Vear, Drolet, Faunce, Gosselin, Kowall, Meyer, Newell, Richardville, Woronchak, Quarles, Basham, Bob Brown, Hale, Minore, O'Neil,
Nays: None.
The Committee on Tax Policy, by Rep. Cassis, Chair, reported
Senate Bill No. 870, entitled
A bill to amend 1956 PA 40, entitled "The drain code of 1956," by amending sections 275, 278, 280, 434, 435, 479, and 531 (MCL 280.275, 280.278, 280.280, 280.434, 280.435, 280.479, and 280.531), section 280 as amended by 1983 PA 176 and section 434 as amended by 1980 PA 297.
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 870 To Report Out:
Yeas: Reps. Vear, Drolet, Faunce, Gosselin, Kowall, Meyer, Newell, Richardville, Woronchak, Quarles, Basham, Bob Brown, Hale, Minore, O'Neil,
Nays: None.
The Committee on Tax Policy, by Rep. Cassis, Chair, reported
Senate Bill No. 977, entitled
A bill to amend 1957 PA 185, entitled "An act to authorize the establishing of a department and board of public works in counties; to prescribe the powers and duties of any municipality subject to the provisions of this act; to authorize the incurring of contract obligations and the issuance and payment of bonds or notes; to provide for a pledge by a municipality of its full faith and credit and the levy of taxes without limitation as to rate or amount to the extent necessary; to validate obligations issued; and to prescribe a procedure for special assessments and condemnation," by amending sections 11, 12, and 25 (MCL 123.741, 123.742, and 123.755).
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 977 To Report Out:
Yeas: Reps. Vear, Drolet, Faunce, Gosselin, Kowall, Meyer, Newell, Richardville, Woronchak, Quarles, Basham, Bob Brown, Hale, Minore, O'Neil,
Nays: None.
The Committee on Tax Policy, by Rep. Cassis, Chair, reported
Senate Bill No. 1064, entitled
A bill to amend 1990 PA 72, entitled "Local government fiscal responsibility act," by amending sections 12, 21, and 33 (MCL 141.1212, 141.1221, and 141.1233), section 33 as amended by 1992 PA 265.
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 1064 To Report Out:
Yeas: Reps. Vear, Drolet, Faunce, Gosselin, Kowall, Meyer, Newell, Richardville, Woronchak, Quarles, Basham, Bob Brown, Hale, Minore, O'Neil,
Nays: None.
The Committee on Tax Policy, by Rep. Cassis, Chair, reported
Senate Bill No. 1067, entitled
A bill to amend 1971 PA 182, entitled "An act to permit a city or village owning and operating a public utility to borrow money for a term not to exceed 5 years for the purpose of purchasing, acquiring, constructing, improving, enlarging, extending or repairing the facilities of the public utility; to issue notes or other evidences of indebtedness therefor; to repay such borrowing from the revenues of the utility; to permit the pledging or assignment of bonds or other securities or evidences of debt held as investments for said public utility to secure such borrowings; and to provide other powers, rights and duties," by amending sections 1 and 2 (MCL 460.461 and 460.462), section 2 as amended by 1983 PA 121.
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 1067 To Report Out:
Yeas: Reps. Vear, Drolet, Faunce, Gosselin, Kowall, Meyer, Newell, Richardville, Woronchak, Quarles, Basham, Bob Brown, Hale, Minore, O'Neil,
Nays: None.
The Committee on Tax Policy, by Rep. Cassis, Chair, reported
Senate Bill No. 1073, entitled
A bill to amend 1929 PA 312, entitled "The metropolitan district act," by amending sections 4 and 5 (MCL 119.4 and 119.5).
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 1073 To Report Out:
Yeas: Reps. Vear, Drolet, Faunce, Gosselin, Kowall, Meyer, Newell, Richardville, Woronchak, Quarles, Basham, Bob Brown, Hale, Minore, O'Neil,
Nays: None.
The Committee on Tax Policy, by Rep. Cassis, Chair, reported
Senate Bill No. 1076, entitled
A bill to amend 1989 PA 292, entitled "Metropolitan councils act," by amending section 19 (MCL 124.669), as amended by 1998 PA 373.
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 1076 To Report Out:
Yeas: Reps. Vear, Drolet, Faunce, Gosselin, Kowall, Meyer, Newell, Richardville, Woronchak, Quarles, Basham, Bob Brown, Hale, Minore, O'Neil,
Nays: None.
The Committee on Tax Policy, by Rep. Cassis, Chair, reported
Senate Bill No. 1078, entitled
A bill to amend 1978 PA 639, entitled "Hertel-Law-T. Stopczynski port authority act," by amending sections 14 and 18 (MCL 120.114 and 120.118), as amended by 1983 PA 23.
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 1078 To Report Out:
Yeas: Reps. Vear, Drolet, Faunce, Gosselin, Kowall, Meyer, Newell, Richardville, Woronchak, Quarles, Basham, Bob Brown, Hale, Minore, O'Neil,
Nays: None.
The Committee on Tax Policy, by Rep. Cassis, Chair, reported
Senate Bill No. 1079, entitled
A bill to amend 1996 PA 381, entitled "Brownfield redevelopment financing act," by amending sections 7, 12, and 17 (MCL 125.2657, 125.2662, and 125.2667), section 7 as amended by 2000 PA 145.
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 1079 To Report Out:
Yeas: Reps. Vear, Drolet, Faunce, Gosselin, Kowall, Meyer, Newell, Richardville, Woronchak, Quarles, Basham, Bob Brown, Hale, Minore, O'Neil,
Nays: None.
The Committee on Tax Policy, by Rep. Cassis, Chair, reported
Senate Bill No. 1080, entitled
A bill to amend 1987 PA 204, entitled "Low-level radioactive waste authority act," by amending section 20a (MCL 333.26220a).
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 1080 To Report Out:
Yeas: Reps. Vear, Drolet, Faunce, Gosselin, Kowall, Meyer, Newell, Richardville, Woronchak, Quarles, Basham, Bob Brown, Hale, Minore, O'Neil,
Nays: None.
The Committee on Tax Policy, by Rep. Cassis, Chair, reported
Senate Bill No. 1082, entitled
A bill to amend 1947 PA 235, entitled "An act to regulate the ownership, extension, improvement and operation of public water and sewage disposal systems lying within 2 or more public corporations; to authorize the acquisition, by any public corporation, of that part of a public water or sewage disposal system lying within its boundaries; and to provide for the payment and security of revenue bonds issued for the construction, acquisition, extension and improvement of such systems," by amending sections 6 and 10 (MCL 123.336 and 123.340).
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 1082 To Report Out:
Yeas: Reps. Vear, Drolet, Faunce, Gosselin, Kowall, Meyer, Newell, Richardville, Woronchak, Quarles, Basham, Bob Brown, Hale, Minore, O'Neil,
Nays: None.
The Committee on Tax Policy, by Rep. Cassis, Chair, reported
Senate Bill No. 1167, entitled
A bill to amend 1967 PA 266, entitled "An act to authorize and provide for the issuance of notes of the state, including refunding notes and commercial paper; to provide funds to meet obligations incurred pursuant to appropriations for fiscal years; to provide for the payment of such notes from revenues received during the same fiscal years; and to exempt certain notes and interest on those notes from taxation," by amending section 4 (MCL 17.454).
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 1167 To Report Out:
Yeas: Reps. Vear, Drolet, Faunce, Gosselin, Kowall, Meyer, Newell, Richardville, Woronchak, Quarles, Basham, Bob Brown, Hale, Minore, O'Neil,
Nays: None.
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Cassis, Chair of the Committee on Tax Policy, was received and read:
Meeting held on: Wednesday, May 1, 2002, at 10:30 a.m.,
Present: Reps. Cassis, Vear, Drolet, Faunce, Gosselin, Kowall, Meyer, Newell, Richardville, Woronchak, Quarles, Basham, Bob Brown, Hale, Minore, O'Neil, Wojno.
The Committee on Insurance and Financial Services, by Rep. Richner, Chair, reported
House Bill No. 5927, entitled
A bill to amend 1956 PA 218, entitled "The insurance code of 1956," by amending sections 901, 912, 916, 917a, 918, 922, 938, 942, and 943 (MCL 500.901, 500.912, 500.916, 500.917a, 500.918, 500.922, 500.938, 500.942, and 500.943), sections 901 and 943 as amended and section 917a as added by 1994 PA 226, section 922 as amended by 1991 PA 79, and section 942 as amended by 1984 PA 90, and by adding section 902.
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 5927 To Report Out:
Yeas: Reps. Richner, Bisbee, DeWeese, Ehardt, Hager, Hummel, Middaugh, Van Woerkom,
Nays: None.
The Committee on Insurance and Financial Services, by Rep. Richner, Chair, reported
Senate Bill No. 748, entitled
A bill to amend 1956 PA 218, entitled "The insurance code of 1956," by amending sections 3801, 3807, 3809, 3811, 3815, 3819, and 3829 (MCL 500.3801, 500.3807, 500.3809, 500.3811, 500.3815, 500.3819, and 500.3829), as added by 1992 PA 84, and by adding sections 3830 and 3830a; and to repeal acts and parts of acts.
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 748 To Report Out:
Yeas: Reps. Richner, Bisbee, DeWeese, Ehardt, Hager, Hummel, Middaugh, Van Woerkom,
Nays: None.
The Committee on Insurance and Financial Services, by Rep. Richner, Chair, reported
Senate Bill No. 749, entitled
A bill to amend 1980 PA 350, entitled "The nonprofit health care corporation reform act," by amending sections 451, 455, 459, 461, 465, 469, and 479 (MCL 550.1451, 550.1455, 550.1459, 550.1461, 550.1465, 550.1469, and 550.1479), as added by 1994 PA 40, and by adding sections 480 and 480a; and to repeal acts and parts of acts.
With the recommendation that the following amendment be adopted and that the bill then pass.
1. Amend page 2, line 20, after "TO" by striking out "1109" and inserting "1110".
The bill and amendment were referred to the order of Second Reading of Bills.
Favorable Roll Call
SB 749 To Report Out:
Yeas: Reps. Richner, Bisbee, DeWeese, Ehardt, Hager, Hummel, Middaugh, Van Woerkom, Wojno, Anderson, Clark, Daniels, Schermesser, Woodward,
Nays: None.
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Richner, Chair of the Committee on Insurance and Financial Services, was received and read:
Meeting held on: Wednesday, May 1, 2002, at 10:30 a.m.,
Present: Reps. Richner, Bisbee, DeWeese, Ehardt, Hager, Hummel, Middaugh, Van Woerkom, Wojno, Anderson, Clark, Daniels, Schermesser, Woodward,
Absent: Rep. Scranton.
Announcement by the Clerk of Printing and Enrollment
The Clerk announced that the following bills had been printed and placed upon the files of the members, Thursday, April 25:
Senate Bill Nos. 1243 1244 1245 1246 1247 1249
The Clerk announced that the following bills had been printed and placed upon the files of the members, Friday, April 26:
Senate Bill Nos. 1250 1251 1252
The Clerk announced that the following bills had been printed and placed upon the files of the members, Wednesday, May 1:
House Bill Nos. 5969 5970 5971 5972 5973 5974 5975 5976 5977 5978 5979 5980 5981 5982 5983 5984 5985 5986 5987
The Clerk announced that the following Senate bills had been received on Wednesday, May 1:
Senate Bill Nos. 593 594 595
By unanimous consent the House returned to the order of
Messages from the Senate
House Bill No. 5442, entitled
A bill to amend 1931 PA 328, entitled "An act to revise, consolidate, codify and add to the statutes relating to crimes; to define crimes and prescribe the penalties therefor; to provide for restitution under certain circumstances; to provide for the competency of evidence at the trial of persons accused of crime; to provide immunity from prosecution for certain witnesses appearing at such trials; and to repeal certain acts and parts of acts inconsistent with or contravening any of the provisions of this act," by amending sections 241, 479, 479a, and 543h (MCL 750.241, 750.479, 750.479a, and 750.543h), section 479a as amended by 1998 PA 344 and section 543h as added by 2002 PA 113.
The Senate has concurred in the House amendments to the Senate substitute (S-1).
The bill was referred to the Clerk for enrollment printing and presentation to the Governor.
House Bill No. 5443, entitled
A bill to amend 1927 PA 175, entitled "The code of criminal procedure," by amending sections 16x and 16z of chapter XVII (MCL 777.16x and 777.16z), section 16x as amended by 2000 PA 473 and section 16z as amended by 2002 PA 122.
The Senate has concurred in the House amendments to the Senate substitute (S-1), agreed to the title as amended and pursuant to joint rule 20, inserted the full title of the bill.
The House agreed to the full title.
The bill was referred to the Clerk for enrollment printing and presentation to the Governor.
Senate Bill No. 593, entitled
A bill to amend 1933 PA 167, entitled "General sales tax act," by amending section 15 (MCL 205.65), as amended by 1993 PA 325.
The Senate has passed the bill.
The bill was read a first time by its title and referred to the Committee on Tax Policy.
Senate Bill No. 594, entitled
A bill to amend 1937 PA 94, entitled "Use tax act," by amending section 5 (MCL 205.95).
The Senate has passed the bill.
The bill was read a first time by its title and referred to the Committee on Tax Policy.
Senate Bill No. 595, entitled
A bill to amend 1967 PA 281, entitled "Income tax act of 1967," by amending section 451 (MCL 206.451), as amended by 1987 PA 254.
The Senate has passed the bill.
The bill was read a first time by its title and referred to the Committee on Tax Policy.
Senate Concurrent Resolution No. 62.
A concurrent resolution to urge Canadian and United States authorities to adhere to the provisions of their agreement concerning the transboundary movement of hazardous and other waste.
Whereas, The Agreement Between the Government of Canada and the Government of the United States of America Concerning the Transboundary Movement of Hazardous Waste was signed and became effective in 1986. This agreement was amended in 1992 to include municipal solid waste transported across the border. The agreement sets forth specific provisions for notifications and consent; and
Whereas, It has been reported that the notification and consent components of the agreement, which are fundamental to the compact, are not being followed. According to the United States Environmental Protection Agency, which is our country's "designated authority" under the agreement, the two governments have not implemented the notice and consent provisions for municipal solid waste shipments. The EPA has neither received notification of municipal waste shipments from Canada nor protested the lack of information; and
Whereas, With the seriousness of the issues involved and the strong objections of many people and groups in our state to the importing of any trash into our state, it is very disturbing to think that a significant tool like the bilateral agreement between the United States and Canada would be ignored. After many frustrations over efforts to regulate imported solid waste, the notification and consent requirements for municipal solid waste can finally give us long-overdue input on the solid waste that is imported; now, therefore, be it
Resolved by the Senate (the House of Representatives concurring), That we urge Canadian and United States authorities to adhere to the provisions of the Agreement Between the Government of Canada and the Government of the United States of America Concerning the Transboundary Movement of Hazardous Waste; and be it
Resolved, That copies of this resolution be transmitted to the Canadian Department of the Environment, the Environmental Protection Agency, 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 Senate has adopted the concurrent resolution.
Reps. Stewart, Julian, DeWeese, Raczkowski, Richardville, Kowall, Gilbert, Gosselin, Faunce, Shulman, Schauer, Lemmons, Woodward, Newell, DeRossett, Cassis, Vander Roest, Pappageorge, Vander Veen, Toy, Rocca, DeVuyst, McConico, Hardman, Bovin, Hansen, Quarles, Rich Brown, Spade, Meyer, Ruth Johnson, Schermesser, Jacobs, Jamnick, Adamini, Zelenko, Bogardus, Phillips, Anderson, Switalski, Vear, Voorhees, Jansen, Kolb, Basham, Kooiman, Minore and Daniels were named cosponsors.
The concurrent resolution was referred to the Committee on Land Use and Environment.
Third Reading of Bills
Senate Bill No. 645, entitled
A bill to amend 1949 PA 300, entitled "Michigan vehicle code," by amending sections 303, 310e, 319, and 732 (MCL 257.303, 257.310e, 257.319, and 257.732), sections 303 and 319 as amended by 2001 PA 159, section 310e as amended by 2000 PA 456, and section 732 as amended by 2001 PA 134.
The bill was read a third time.
The question being on the passage of the bill,
Rep. Kuipers moved to substitute (H-3) the bill.
The motion was seconded and the substitute (H-3) was adopted, a majority of the members serving voting therefor.
The question being on the passage of the bill,
Rep. Patterson moved that consideration of the bill be postponed temporarily.
The motion prevailed.
______
Rep. Switalski moved that Rep. Rivet be excused temporarily from today's session.
The motion prevailed.
House Bill No. 5832, entitled
A bill to amend 1988 PA 466, entitled "Animal industry act," by amending sections 3, 4, 6, 8, 9, 11b, 12, 13a, 14, 16, 19, 22, 30a, 30b, 33, and 44 (MCL 287.703, 287.704, 287.706, 287.708, 287.709, 287.711b, 287.712, 287.713a, 287.714, 287.716, 287.719, 287.722, 287.730a, 287.730b, 287.733, and 287.744), sections 3, 4, 6, 8, 9, 12, 14, 16, 19, 30a, 30b, 33, and 44 as amended and sections 11b and 13a as added by 2000 PA 323 and section 22 as amended by 1996 PA 369; 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. 626 Yeas--107
Adamini Frank Lemmons Rocca
Allen Garza Lipsey Schauer
Anderson George Lockwood Schermesser
Basham Gieleghem Mans Scranton
Bernero Gilbert McConico Shackleton
Birkholz Godchaux Mead Sheltrown
Bisbee Gosselin Meyer Shulman
Bishop Hager Middaugh Spade
Bogardus Hale Minore Stallworth
Bovin Hansen Mortimer Stamas
Bradstreet Hardman Murphy Stewart
Brown, B. Hart Neumann Switalski
Brown, C. Howell Newell Tabor
Brown, R. Hummel O'Neil Thomas
Callahan Jacobs Palmer Toy
Cassis Jamnick Pappageorge Van Woerkom
Caul Jansen Patterson Vander Roest
Clark, I. Jelinek Pestka Vander Veen
Clarke, H. Johnson, Rick Phillips Vear
Daniels Johnson, Ruth Plakas Voorhees
Dennis Julian Pumford Waters
DeRossett Koetje Quarles Williams
DeVuyst Kolb Raczkowski Wojno
DeWeese Kooiman Reeves Woodward
Drolet Kowall Richardville Woronchak
Ehardt Kuipers Richner Zelenko
Faunce LaSata Rison
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. 5808, entitled
A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending sections 36101 and 36106 (MCL 324.36101 and 324.36106), section 36101 as amended by 2000 PA 262 and section 36106 as amended by 1996 PA 233.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 627 Yeas--105
Adamini Frank LaSata Rocca
Allen Garza Lemmons Schauer
Anderson George Lipsey Schermesser
Basham Gieleghem Lockwood Scranton
Bernero Gilbert Mans Shackleton
Birkholz Godchaux McConico Sheltrown
Bisbee Gosselin Mead Shulman
Bishop Hager Meyer Spade
Bogardus Hale Middaugh Stallworth
Bovin Hansen Minore Stamas
Bradstreet Hardman Mortimer Stewart
Brown, B. Hart Murphy Switalski
Brown, C. Howell Neumann Tabor
Brown, R. Hummel Newell Thomas
Callahan Jacobs O'Neil Toy
Cassis Jamnick Palmer Van Woerkom
Caul Jansen Pappageorge Vander Roest
Clark, I. Jelinek Patterson Vander Veen
Clarke, H. Johnson, Rick Pestka Vear
Daniels Johnson, Ruth Plakas Voorhees
Dennis Julian Pumford Waters
DeRossett Koetje Raczkowski Williams
DeVuyst Kolb Reeves Wojno
DeWeese Kooiman Richardville Woodward
Drolet Kowall Richner Woronchak
Ehardt Kuipers Rison Zelenko
Faunce
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 1994 PA 451, entitled "Natural resources and environmental protection act," by amending sections 36101 and 36106 (MCL 324.36101 and 324.36106), section 36101 as amended by 2000 PA 262 and section 36106 as amended by 2002 PA 75.
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. 5107, entitled
A bill to amend 1969 PA 317, entitled "Worker's disability compensation act of 1969," by amending section 161 (MCL 418.161), as amended by 1996 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. 628 Yeas--105
Adamini Frank LaSata Rison
Allen Garza Lemmons Rocca
Anderson George Lipsey Schauer
Basham Gieleghem Lockwood Scranton
Bernero Gilbert Mans Shackleton
Birkholz Godchaux McConico Sheltrown
Bisbee Gosselin Mead Shulman
Bishop Hager Meyer Spade
Bogardus Hale Middaugh Stallworth
Bovin Hansen Minore Stamas
Bradstreet Hardman Mortimer Stewart
Brown, B. Hart Murphy Switalski
Brown, C. Howell Neumann Tabor
Brown, R. Hummel Newell Thomas
Callahan Jacobs O'Neil Toy
Cassis Jamnick Palmer Van Woerkom
Caul Jansen Pappageorge Vander Roest
Clark, I. Jelinek Patterson Vander Veen
Clarke, H. Johnson, Rick Pestka Vear
Daniels Johnson, Ruth Phillips Voorhees
Dennis Julian Plakas Waters
DeRossett Koetje Pumford Williams
DeVuyst Kolb Raczkowski Wojno
DeWeese Kooiman Reeves Woodward
Drolet Kowall Richardville Woronchak
Ehardt Kuipers Richner Zelenko
Faunce
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. 5475, entitled
A bill to amend 1993 PA 354, entitled "Railroad code of 1993," by amending section 309 (MCL 462.309).
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 629 Yeas--106
Adamini Frank Lemmons Rocca
Allen Garza Lipsey Schauer
Anderson George Lockwood Schermesser
Basham Gieleghem Mans Scranton
Bernero Gilbert McConico Shackleton
Birkholz Godchaux Mead Sheltrown
Bisbee Gosselin Meyer Shulman
Bishop Hager Middaugh Spade
Bogardus Hale Minore Stallworth
Bovin Hansen Mortimer Stamas
Bradstreet Hardman Murphy Stewart
Brown, B. Hart Neumann Switalski
Brown, C. Howell Newell Tabor
Brown, R. Hummel O'Neil Thomas
Callahan Jacobs Palmer Toy
Cassis Jamnick Pappageorge Van Woerkom
Caul Jansen Patterson Vander Roest
Clark, I. Jelinek Pestka Vander Veen
Clarke, H. Johnson, Rick Phillips Vear
Daniels Johnson, Ruth Plakas Voorhees
Dennis Julian Pumford Waters
DeRossett Koetje Raczkowski Williams
DeVuyst Kolb Reeves Wojno
DeWeese Kooiman Richardville Woodward
Drolet Kowall Richner Woronchak
Ehardt Kuipers Rison Zelenko
Faunce LaSata
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.
Rep. Vander Roest moved that Rep. Rick Johnson be excused temporarily from today's session.
The motion prevailed.
Rep. Jacobs moved that Rep. Thomas be excused temporarily from today's session.
The motion prevailed.
House Bill No. 5899, entitled
A bill to amend 1949 PA 300, entitled "Michigan vehicle code," by amending section 801 (MCL 257.801), as amended by 2000 PA 502.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 630 Yeas--104
Adamini Faunce LaSata Rison
Allen Frank Lemmons Rocca
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 Hale Minore Stallworth
Bradstreet Hansen Mortimer Stamas
Brown, B. Hardman Murphy Stewart
Brown, C. Hart Neumann Switalski
Brown, R. Howell Newell Tabor
Callahan Hummel O'Neil Toy
Cassis Jacobs Palmer Van Woerkom
Caul Jamnick Pappageorge Vander Roest
Clark, I. Jansen Patterson Vander Veen
Clarke, H. Jelinek Pestka Vear
Daniels Johnson, Ruth Phillips Voorhees
Dennis Julian Plakas Waters
DeRossett Koetje Pumford Williams
DeVuyst Kolb Raczkowski Wojno
DeWeese Kooiman Reeves Woodward
Drolet Kowall Richardville Woronchak
Ehardt Kuipers Richner 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.
Second Reading of Bills
House Bill No. 4377, entitled
A bill to amend 1976 PA 451, entitled "The revised school code," (MCL 380.1 to 380.1852) by adding section 1206.
(The bill was read a second time, substitute (H-1) adopted and bill postponed temporarily on April 30, see House Journal No. 38, p. 1288.)
Rep. Spade moved to amend the bill as follows:
1. Amend page 1, line 9, after "IS" by striking out the balance of the subdivision and inserting "SELECTED BY MAJORITY VOTE OF THE MEMBERS OF THAT BOARD, COUNCIL, OR OTHER GROUP.".
The motion prevailed and the amendment was adopted, a majority of the members serving voting therefor.
Rep. Voorhees moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
Senate Bill No. 1168, entitled
A bill to amend 1974 PA 370, entitled "Vietnam veteran era bonus act," by amending section 15 (MCL 35.1035).
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.
Senate Bill No. 1169, entitled
A bill to amend 1966 PA 346, entitled "State housing development authority act of 1966," by amending sections 22 and 25 (MCL 125.1422 and 125.1425), section 22 as amended by 1999 PA 131 and section 25 as amended by 1993 PA 220.
The bill was read a second time.
Rep. Cassis moved to substitute (H-2) the bill.
The motion prevailed and the substitute (H-2) was adopted, a majority of the members serving voting therefor.
Rep. Patterson moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
Senate Bill No. 1171, entitled
A bill to amend 1982 PA 220, entitled "Michigan family farm development act," by amending section 13 (MCL 285.263), as amended by 1983 PA 68.
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.
Senate Bill No. 1177, entitled
A bill to amend 1964 PA 183, entitled "An act creating the state building authority with power to acquire, construct, furnish, equip, own, improve, enlarge, operate, mortgage, and maintain facilities for the use of the state or any of its agencies; to act as a developer or co-owner of facilities as a condominium project for the use of the state or any of its agencies; to authorize the execution of leases pertaining to those facilities by the building authority with the state or any of its agencies; to authorize the payment of true rentals by the state; to provide for the issuance of revenue obligations by the building authority to be paid from the true rentals to be paid by the state and other resources and security provided for and pledged by the building authority; to authorize the creation of funds; to authorize the conveyance of lands by the state or any of its agencies for the purposes authorized in this act; to authorize the appointment of a trustee for bondholders; to permit remedies for the benefit of parties in interest; to provide for other powers and duties of the authority; and to provide for other matters in relation to the authority and its obligations," by amending section 8 (MCL 830.418), as amended by 1997 PA 127.
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.
Senate Bill No. 1178, entitled
A bill to amend 1985 PA 227, entitled "Shared credit rating act," by amending section 9 (MCL 141.1059), as amended by 1988 PA 316.
The bill was read a second time.
Rep. Cassis 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. Patterson moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
Senate Bill No. 1179, entitled
A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending section 19603 (MCL 324.19603), as added by 1998 PA 288.
The bill was read a second time.
Rep. Cassis 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. Patterson moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
Senate Bill No. 1180, entitled
A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending section 50510 (MCL 324.50510), as added by 1995 PA 57.
The bill was read a second time.
Rep. Cassis 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. Patterson moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
Senate Bill No. 1181, entitled
A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending section 71503 (MCL 324.71503), as amended by 1995 PA 72.
The bill was read a second time.
Rep. Cassis 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. Patterson moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
Senate Bill No. 1182, entitled
A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending section 76703 (MCL 324.76703), as amended by 2001 PA 78.
The bill was read a second time.
Rep. Cassis 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. Patterson moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
House Bill No. 5866, entitled
A bill to amend 1927 PA 175, entitled "The code of criminal procedure," by amending section 1a of chapter IX (MCL 769.1a), as amended by 1998 PA 231.
The bill was read a second time.
Rep. Palmer moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
House Bill No. 5867, entitled
A bill to amend 1939 PA 288, entitled "Probate code of 1939," by amending section 30 of chapter XIIA (MCL 712A.30), as amended by 1996 PA 561.
The bill was read a second time.
Rep. Vander Roest moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
House Bill No. 5883, entitled
A bill to amend 1984 PA 431, entitled "The management and budget act," by amending section 237 (MCL 18.1237), as amended by 1999 PA 8, and by adding section 237b.
The bill was read a second time.
Reps. Rivet and Mead moved to amend the bill as follows:
1. Amend page 4, following line 22, by inserting:
"(7) IF A QUALIFIED PROFESSIONAL COMPANY ENTERS INTO A CONTRACT WITH THE DEPARTMENT, THE DEPARTMENT SHALL PROVIDE AS A CONDITION IN THAT CONTRACT THAT IF THE QUALIFIED PROFESSIONAL COMPANY NEEDS TO SUBCONTRACT OR HIRE AN ARCHITECT, PROFESSIONAL ENGINEER, PROFESSIONAL SURVEYOR, OR QUALIFIED FIRM UNDER THAT CONTRACT, THE QUALIFIED PROFESSIONAL COMPANY SHALL SELECT THE ARCHITECT, PROFESSIONAL ENGINEER, PROFESSIONAL SURVEYOR, OR QUALIFIED FIRM IN THE SAME MANNER AS THE QUALIFIED PROFESSIONAL COMPANY WAS SELECTED UNDER THIS SECTION." and renumbering the remaining subsection.
2. Amend page 5, following line 9, by inserting:
"(E) "QUALIFIED PROFESSIONAL COMPANY" MEANS AN ARCHITECT, PROFESSIONAL ENGINEER, PROFESSIONAL SURVEYOR, OR QUALIFIED FIRM THAT WAS SELECTED AND HAS ENTERED INTO A CONTRACT UNDER THIS SECTION.".
The motion prevailed and the amendments were adopted, a majority of the members serving voting therefor.
Rep. Mead moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
House Bill No. 5807, entitled
A bill to amend 1990 PA 345, entitled "State survey and remonumentation act," by amending sections 8 and 12 (MCL 54.268 and 54.272), as amended by 1998 PA 5.
The bill was read a second time.
Rep. Shackleton moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
House Bill No. 4818, entitled
A bill to amend 1988 PA 234, entitled "Michigan Vietnam veterans memorial act," by amending the title and sections 3and 7 (MCL 35.1053 and 35.1057), the title as amended by 2000 PA 470 and sections 3 and 7 as amended by 1992 PA 121.
Was read a second time, and the question being on the adoption of the proposed substitute (H-1) previously recommended by the Committee on Appropriations,
The substitute (H-1) was adopted, a majority of the members serving voting therefor.
Rep. Mortimer 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. 4818, entitled
A bill to amend 1988 PA 234, entitled "Michigan Vietnam veterans memorial act," by amending the title and sections 3 and 7 (MCL 35.1053 and 35.1057), the title as amended by 2000 PA 470 and sections 3 and 7 as amended by 1992 PA 121.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 631 Yeas--107
Adamini Frank Lemmons Rocca
Allen Garza Lipsey Schauer
Anderson George Lockwood Schermesser
Basham Gieleghem Mans Scranton
Bernero Gilbert McConico Shackleton
Birkholz Godchaux Mead Sheltrown
Bisbee Gosselin Meyer Shulman
Bishop Hager Middaugh Spade
Bogardus Hale Minore Stallworth
Bovin Hansen Mortimer Stamas
Bradstreet Hardman Murphy Stewart
Brown, B. Hart Neumann Switalski
Brown, C. Howell Newell Tabor
Brown, R. Hummel O'Neil Thomas
Callahan Jacobs Palmer Toy
Cassis Jamnick Pappageorge Van Woerkom
Caul Jansen Patterson Vander Roest
Clark, I. Jelinek Pestka Vander Veen
Clarke, H. Johnson, Rick Phillips Vear
Daniels Johnson, Ruth Plakas Voorhees
Dennis Julian Pumford Waters
DeRossett Koetje Quarles Williams
DeVuyst Kolb Raczkowski Wojno
DeWeese Kooiman Reeves Woodward
Drolet Kowall Richardville Woronchak
Ehardt Kuipers Richner Zelenko
Faunce LaSata Rison
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.
Reps. Anderson, Basham, Bishop, Bovin, Cameron Brown, Rich Brown, Callahan, Cassis, Caul, Dennis, DeRossett, DeVuyst, Frank, Garza, Gilbert, Gosselin, Hummel, Jacobs, Jamnick, Jansen, Jelinek, Ruth Johnson, Julian, Kolb, Kowall, LaSata, Mans, McConico, Mead, Neumann, Newell, Palmer, Pappageorge, Patterson, Pestka, Phillips, Plakas, Pumford, Raczkowski, Richardville, Richner, Rocca, Schauer, Schermesser, Sheltrown, Spade, Stamas, Stewart, Toy, Vander Roest, Vander Veen, Van Woerkom, Vear and Voorhees were named co-sponsors of the bill.
Second Reading of Bills
Senate Bill No. 685, entitled
A bill to amend 2001 PA 142, entitled "Michigan memorial highway act," (MCL 250.1001 to 250.1100) by adding section 64.
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 the bill be placed on its immediate passage.
The motion prevailed, a majority of the members serving voting therefor.
By unanimous consent the House returned to the order of
Third Reading of Bills
Senate Bill No. 685, entitled
A bill to amend 2001 PA 142, entitled "Michigan memorial highway act," (MCL 250.1001 to 250.1100) by adding section 64.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 632 Yeas--103
Adamini Frank LaSata Rison
Allen Garza Lemmons Rocca
Anderson George Lipsey Schauer
Basham Gieleghem Lockwood Schermesser
Bernero Gilbert Mans Shackleton
Birkholz Godchaux McConico Sheltrown
Bisbee Gosselin Mead Shulman
Bishop Hager Meyer Spade
Bovin Hale Middaugh Stallworth
Bradstreet Hansen Minore Stamas
Brown, B. Hardman Mortimer Stewart
Brown, C. Hart Murphy Switalski
Brown, R. Howell Neumann Tabor
Callahan Hummel Newell Toy
Cassis Jacobs O'Neil Van Woerkom
Caul Jamnick Palmer Vander Roest
Clark, I. Jansen Pappageorge Vander Veen
Clarke, H. Jelinek Patterson Vear
Daniels Johnson, Rick Pestka Voorhees
Dennis Johnson, Ruth Phillips Waters
DeRossett Julian Plakas Williams
DeVuyst Koetje Pumford Wojno
DeWeese Kolb Quarles Woodward
Drolet Kooiman Reeves Woronchak
Ehardt Kowall Richardville Zelenko
Faunce Kuipers Richner
Nays--1
Raczkowski
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 consolidate prior acts naming certain Michigan highways; to provide for the naming of certain highways; to prescribe certain duties of the state transportation department; and to repeal acts and parts of acts and certain resolutions,".
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. Raczkowski, 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 would have voted in support, although the 94th Division is not a michign division.
The 94th Infantry Division fought with the highest regard and within the high standards of the US Army during WWII. I am proud to have served with soldiers of the 94th, but a Michigan highway deserves the name of a Michigan infantry division. Michigan deserves better!"
Second Reading of Bills
House Bill No. 4800, entitled
A bill to amend 1976 PA 451, entitled "The revised school code," by amending sections 501, 502, 503, 504, 504a, 506, 507, 1701a, and 1711 (MCL 380.501, 380.502, 380.503, 380.504, 380.504a, 380.506, 380.507, 380.1701a, and 380.1711), sections 501, 502, 503, 504a, and 507 as amended by 1995 PA 289, sections 504 and 1701a as amended by 1994 PA 416, and section 506 as added by 1993 PA 362, and by adding sections 503b, 1320, and 1814.
Was read a second time, and the question being on the adoption of the proposed substitute (H-4) previously recommended by the Committee on Education,
The substitute (H-4) was adopted, a majority of the members serving voting therefor.
Rep. Lemmons moved to amend the bill as follows:
1. Amend page 36, following line 25, by inserting:
"(8) IF A MEMBER OF THE LEGISLATURE REQUESTS AN INVESTIGATION OF A PUBLIC SCHOOL ACADEMY BY THE SUPERINTENDENT OF PUBLIC INSTRUCTION DUE TO SUSPECTED IRREGULARITIES OR VIOLATIONS OF LAW, THE SUPERINTENDENT OF PUBLIC INSTRUCTION PROMPTLY SHALL INVESTIGATE THE PUBLIC SCHOOL ACADEMY AND REPORT TO THE LEGISLATURE.".
The question being on the adoption of the amendment offered by Rep. Lemmons,
Rep. Lemmons demanded the yeas and nays.
The demand was supported.
The question being on the adoption of the amendment offered by Rep. Lemmons,
The amendment was not adopted, a majority of the members serving not voting therefor, by yeas and nays, as follows:
Roll Call No. 633 Yeas--41
Adamini Gieleghem McConico Schauer
Bernero Hale Minore Schermesser
Bogardus Hansen Murphy Sheltrown
Bovin Hardman Neumann Spade
Brown, R. Jacobs Pappageorge Thomas
Callahan Jamnick Phillips Waters
Clark, I. Kolb Quarles Williams
Clarke, H. Lemmons Reeves Wojno
Daniels Lipsey Richardville Woodward
Dennis Lockwood Rison Zelenko
Garza
Nays--54
Birkholz Gilbert LaSata Rocca
Bisbee Gosselin Mans Shackleton
Bishop Hager Mead Shulman
Bradstreet Hart Meyer Stamas
Brown, C. Howell Middaugh Stewart
Cassis Hummel Mortimer Tabor
Caul Jansen Newell Toy
DeRossett Johnson, Rick O'Neil Van Woerkom
DeVuyst Johnson, Ruth Palmer Vander Roest
DeWeese Julian Patterson Vander Veen
Drolet Koetje Plakas Vear
Ehardt Kooiman Raczkowski Voorhees
Faunce Kowall Richner Woronchak
George Kuipers
In The Chair: Julian
Reps. Bradstreet and Voorhees moved to amend the bill as follows:
1. Amend page 9, line 13, after "TO" by inserting "ANY OF THE FOLLOWING:
(A)".
2. Amend page 9, line 14, after "EMY" by striking out "OR TO" and inserting a period and:
"(B)".
3. Amend page 9, following line 16, by inserting:
"(C) A CONTRACT ISSUED FOR A PUBLIC SCHOOL ACADEMY TO BE LOCATED IN A SCHOOL DISTRICT THAT HAS FAILED FOR 3 CONSECUTIVE YEARS TO MEET THE REQUIREMENTS FOR ADEQUATE YEARLY PROGRESS ESTABLISHED UNDER THE FEDERAL NO CHILD LEFT BEHIND ACT OF 2001, PUBLIC LAW 107-110, 115 STAT. 1425.".
The question being on the adoption of the amendments offered by Reps. Bradstreet and Voorhees,
Rep. Voorhees demanded the yeas and nays.
The demand was supported.
The question being on the adoption of the amendments offered by Reps. Bradstreet and Voorhees,
The amendments were not adopted, a majority of the members serving not voting therefor, by yeas and nays, as follows:
Roll Call No. 634 Yeas--29
Birkholz Ehardt Jelinek Richner
Bishop George Koetje Stamas
Bradstreet Gilbert Kooiman Tabor
Brown, C. Gosselin Middaugh Vander Roest
Caul Hart Palmer Vander Veen
DeVuyst Hummel Patterson Vear
DeWeese Jansen Raczkowski Voorhees
Drolet
Nays--73
Adamini Garza Lockwood Schauer
Allen Gieleghem Mans Schermesser
Anderson Godchaux McConico Scranton
Basham Hager Mead Shackleton
Bernero Hale Meyer Sheltrown
Bisbee Hansen Mortimer Shulman
Bogardus Hardman Murphy Spade
Bovin Howell Neumann Stallworth
Brown, B. Jacobs Newell Stewart
Brown, R. Jamnick O'Neil Switalski
Callahan Johnson, Rick Pappageorge Thomas
Cassis Johnson, Ruth Pestka Toy
Clark, I. Julian Phillips Van Woerkom
Clarke, H. Kolb Plakas Waters
Daniels Kowall Reeves Wojno
Dennis Kuipers Richardville Woodward
DeRossett LaSata Rison Woronchak
Faunce Lemmons Rocca Zelenko
Frank
In The Chair: Julian
Rep. George moved to amend the bill as follows:
1. Amend page 36, following line 25, by inserting:
"SEC. 508A. THE DEPARTMENT SHALL CONDUCT OR CONTRACT FOR A RESEARCH STUDY OF PUBLIC SCHOOL ACADEMIES IN THIS STATE. THE GOAL OF THE STUDY IS TO PROVIDE POLICYMAKERS WITH INFORMATION ON THE OVERALL ROLE THAT PUBLIC SCHOOL ACADEMIES PLAY IN THE PUBLIC SCHOOL SYSTEM OF THIS STATE. ALL OF THE FOLLOWING APPLY TO THIS STUDY:
(A) THE STUDY SHOULD INCLUDE DATA FROM ALL PUBLIC SCHOOL ACADEMIES USING METHODOLOGIES AGREED UPON BY A BROAD-BASED GROUP OF RESEARCHERS.
(B) THE STUDY SHOULD INCLUDE PUPIL ACHIEVEMENT DATA MADE AVAILABLE DUE TO THE IMPLEMENTATION OF THE ASSESSMENTS UNDER SECTION 509 AS WELL AS DATA AVAILABLE THROUGH EXISTING ASSESSMENT PROGRAMS.
(C) THE STUDY SHOULD EXAMINE THE IMPACT OF PUBLIC SCHOOL ACADEMIES AS A WHOLE AND ALSO THE IMPACT OF PUBLIC SCHOOL ACADEMIES THAT HAVE BEEN IN OPERATION FOR MORE THAN 5 YEARS.
(D) THE STUDY SHOULD INCLUDE A SUBGROUP ANALYSIS OF PUPILS CONSIDERED TO BE AT-RISK AND AN IN-DEPTH ANALYSIS OF PUPILS SERVED BY PUBLIC SCHOOL ACADEMIES WHO HAVE BEEN OR CURRENTLY ARE IN SPECIAL EDUCATION.
(E) THE STUDY SHOULD INCLUDE A FOCUS ON THE MOST SUCCESSFUL PRACTICES AMONG PUBLIC SCHOOL ACADEMIES AND ON HOW INFORMATION ON THOSE SUCCESSFUL PRACTICES COULD BE SHARED.
(F) AN INITIAL STUDY SHALL BE COMPLETED NOT LATER THAN 2007 AND A FOLLOW-UP STUDY SHALL BE COMPLETED NOT LATER THAN 2012.".
The question being on the adoption of the amendment offered by Rep. George,
Rep. Jacobs demanded the yeas and nays.
The demand was supported.
The question being on the adoption of the amendment offered by Rep. George,
The amendment was adopted, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 635 Yeas--88
Adamini Faunce Lockwood Rison
Allen Frank Mans Rocca
Anderson Garza McConico Schauer
Basham George Mead Schermesser
Bernero Gieleghem Meyer Shackleton
Birkholz Gilbert Middaugh Sheltrown
Bishop Godchaux Minore Shulman
Bogardus Hager Mortimer Spade
Bovin Hale Murphy Stallworth
Brown, B. Hansen Neumann Stamas
Brown, C. Hardman Newell Stewart
Brown, R. Howell O'Neil Switalski
Callahan Jacobs Pappageorge Tabor
Cassis Jamnick Patterson Thomas
Caul Jelinek Pestka Toy
Clark, I. Johnson, Ruth Phillips Van Woerkom
Clarke, H. Julian Plakas Waters
Daniels Kolb Pumford Williams
Dennis Kowall Quarles Wojno
DeRossett LaSata Reeves Woodward
DeVuyst Lemmons Richardville Woronchak
DeWeese Lipsey Richner Zelenko
Nays--15
Bisbee Hummel Kooiman Vander Veen
Drolet Jansen Kuipers Vear
Gosselin Johnson, Rick Palmer Voorhees
Hart Koetje Vander Roest
In The Chair: Julian
Rep. Vear, having reserved the right to explain his nay vote, made the following statement:
"Mr. Speaker and members of the House:
No vote was cast for the following issues.
1. No money has been allocated to fund such a study.
2. Study is not valid unless we include all schools in study during the same period of time.
3. Given the short period of time Public School Academies have been in existence, it is still too early to complete a comprehensive study that shows the long term impact of public school academies.
4. Study parameters should be evaluated and implemented by a proper process, by qualified individuals and should not be made statutory."
Rep. DeWeese moved to amend the bill as follows:
1. Amend page 41, line 22, by striking out all of subdivision (E).
The motion did not prevail and the amendment was not adopted, a majority of the members serving not voting therefor.
Rep. Minore moved to amend the bill as follows:
1. Amend page 36, following line 25, by inserting:
"(8) THE SUPERINTENDENT OF PUBLIC INSTRUCTION SHALL CONTRACT FOR THE RESEARCH STUDY RECOMMENDED IN THE APRIL 2002 REPORT OF THE COMMISSION ON CHARTER SCHOOLS TO THE MICHIGAN LEGISLATURE AND SHALL SUBMIT THE RESULTS OF THE STUDY TO THE SENATE AND HOUSE OF REPRESENTATIVES STANDING COMMITTEES ON EDUCATION NOT LATER THAN MAY 1, 2007.".
2. Amend page 44, following line 26, by inserting:
"Enacting section 1. Part 6a of the revised school code, 1976 PA 451, MCL 380.501 to 380.510, is repealed effective July 1, 2007.".
The question being on the adoption of the amendments offered by Rep. Minore,
Rep. Minore demanded the yeas and nays.
The demand was supported.
The question being on the adoption of the amendments offered by Rep. Minore,
The amendments were not adopted, a majority of the members serving not voting therefor, by yeas and nays, as follows:
Roll Call No. 636 Yeas--54
Adamini Garza Mans Schauer
Anderson Gieleghem McConico Schermesser
Basham Godchaux Minore Sheltrown
Bernero Hale Mortimer Spade
Bogardus Hansen Murphy Stallworth
Bovin Hardman Neumann Stewart
Brown, B. Jacobs O'Neil Switalski
Brown, R. Jamnick Phillips Thomas
Callahan Jelinek Plakas Waters
Clark, I. Johnson, Ruth Pumford Williams
Clarke, H. Kolb Quarles Wojno
Daniels LaSata Reeves Woodward
Dennis Lipsey Rison Zelenko
Frank Lockwood
Nays--47
Allen Faunce Kowall Shackleton
Birkholz George Kuipers Shulman
Bisbee Gilbert Mead Stamas
Bishop Gosselin Meyer Tabor
Bradstreet Hager Middaugh Toy
Brown, C. Hart Newell Van Woerkom
Cassis Howell Palmer Vander Roest
Caul Jansen Pappageorge Vander Veen
DeRossett Johnson, Rick Patterson Vear
DeVuyst Julian Richardville Voorhees
Drolet Koetje Richner Woronchak
Ehardt Kooiman Rocca
In The Chair: Julian
Rep. Minore moved to amend the bill as follows:
1. Amend page 9, line 12, after "(3)" by striking out "AND (4)" and inserting a comma and "(4), AND (5)".
2. Amend page 9, following line 16, by inserting:
"(6) IN ADDITION TO OTHER LIMITATIONS UNDER THIS SECTION, AN AUTHORIZING BODY SHALL NOT ISSUE A NEW CONTRACT FOR A NEW PUBLIC SCHOOL ACADEMY AFTER 2007 UNLESS THE LEGISLATURE ENACTS LEGISLATION IN 2007 STRIKING THIS SUBSECTION." and renumbering the remaining subsections.
The question being on the adoption of the amendments offered by Rep. Minore,
Rep. Minore demanded the yeas and nays.
The demand was supported.
The question being on the adoption of the amendments offered by Rep. Minore,
The amendments were not adopted, a majority of the members serving not voting therefor, by yeas and nays, as follows:
Roll Call No. 637 Yeas--54
Adamini Frank McConico Scranton
Anderson Garza Minore Sheltrown
Basham Gieleghem Murphy Spade
Bernero Godchaux Neumann Stallworth
Bogardus Hale O'Neil Stewart
Bovin Hardman Pestka Switalski
Brown, B. Jacobs Phillips Thomas
Brown, R. Jamnick Plakas Waters
Callahan Jelinek Pumford Williams
Cassis Kolb Quarles Wojno
Clark, I. Lemmons Reeves Woodward
Clarke, H. Lipsey Schauer Woronchak
Daniels Lockwood Schermesser Zelenko
Dennis Mans
Nays--46
Allen Faunce Kooiman Raczkowski
Birkholz Gilbert Kowall Richner
Bisbee Gosselin Kuipers Rocca
Bishop Hager LaSata Shackleton
Bradstreet Hansen Mead Shulman
Brown, C. Hart Meyer Stamas
Caul Hummel Middaugh Tabor
DeRossett Jansen Mortimer Toy
DeVuyst Johnson, Rick Palmer Van Woerkom
DeWeese Johnson, Ruth Pappageorge Vander Veen
Drolet Julian Patterson Voorhees
Ehardt Koetje
In The Chair: Julian
Rep. Basham moved to reconsider the vote by which the House did not adopt the amendments.
The question being on the motion made by Rep. Basham,
Rep. Basham demanded the yeas and nays,
The question being on the motion made by Rep. Basham,
The motion did not prevail, a majority of the members present not voting therefor, by yeas and nays, as follows:
Roll Call No. 638 Yeas--47
Adamini Dennis Lockwood Schauer
Anderson Frank Mans Schermesser
Basham Garza McConico Sheltrown
Bernero Gieleghem Minore Spade
Bogardus Hale Murphy Stallworth
Bovin Hansen Neumann Switalski
Brown, B. Hardman Pestka Thomas
Brown, R. Jacobs Phillips Williams
Callahan Jamnick Plakas Wojno
Clark, I. Kolb Quarles Woodward
Clarke, H. Lemmons Reeves Zelenko
Daniels Lipsey Rison
Nays--55
Allen Gilbert Kuipers Rocca
Birkholz Gosselin LaSata Shackleton
Bishop Hager Mead Shulman
Bradstreet Hart Meyer Stamas
Brown, C. Howell Middaugh Stewart
Cassis Hummel Mortimer Tabor
Caul Jansen Newell Toy
DeRossett Jelinek Palmer Van Woerkom
DeVuyst Johnson, Rick Pappageorge Vander Roest
DeWeese Johnson, Ruth Patterson Vander Veen
Drolet Julian Pumford Vear
Ehardt Koetje Raczkowski Voorhees
Faunce Kooiman Richardville Woronchak
George Kowall Richner
In The Chair: Julian
Rep. Hart moved to amend the bill as follows:
1. Amend page 11, line 21, by striking out all of subdivisions (i) and (J) and relettering the remaining subdivision.
2. Amend page 16, line 3, by striking out all of subdivisions (e) and (F) and relettering the remaining subdivisions.
The question being on the adoption of the amendments offered by Rep. Hart,
Rep. Hart demanded the yeas and nays.
The demand was supported.
The question being on the adoption of the amendments offered by Rep. Hart,
The amendments were not adopted, a majority of the members serving not voting therefor, by yeas and nays, as follows:
Roll Call No. 639 Yeas--17
Bradstreet Gosselin Koetje Vander Roest
Brown, C. Hart Kooiman Vander Veen
Drolet Hummel Palmer Vear
Ehardt Jansen Raczkowski Voorhees
Gilbert
Nays--86
Adamini Faunce Mans Rison
Allen Frank McConico Rocca
Anderson Garza Mead Schauer
Basham George Meyer Schermesser
Bernero Gieleghem Middaugh Sheltrown
Birkholz Hale Minore Shulman
Bisbee Hansen Mortimer Spade
Bishop Hardman Murphy Stallworth
Bogardus Howell Neumann Stamas
Bovin Jacobs Newell Stewart
Brown, B. Jamnick O'Neil Switalski
Brown, R. Jelinek Pappageorge Tabor
Callahan Johnson, Rick Patterson Thomas
Cassis Johnson, Ruth Pestka Toy
Caul Julian Phillips Van Woerkom
Clark, I. Kolb Plakas Waters
Clarke, H. Kowall Pumford Williams
Daniels Kuipers Quarles Wojno
Dennis LaSata Reeves Woodward
DeRossett Lemmons Richardville Woronchak
DeVuyst Lipsey Richner Zelenko
DeWeese Lockwood
In The Chair: Julian
Rep. Hart moved to amend the bill as follows:
1. Amend page 8, line 13, after "(C)" by striking out "EXCEPT AS OTHERWISE PROVIDED IN SUBDIVISION (D),".
2. Amend page 8, line 19, by striking out all of subdivision (D) and relettering the remaining subdivision.
The question being on the adoption of the amendments offered by Rep. Hart,
Rep. Hart demanded the yeas and nays.
The demand was supported.
The question being on the adoption of the amendments offered by Rep. Hart,
The amendments were not adopted, a majority of the members serving not voting therefor, by yeas and nays, as follows:
Roll Call No. 640 Yeas--23
Bradstreet Hart Kooiman Stamas
Brown, C. Hummel LaSata Vander Roest
Caul Jansen Middaugh Vander Veen
DeWeese Jelinek Palmer Vear
Drolet Johnson, Ruth Pappageorge Voorhees
Gosselin Koetje Raczkowski
Nays--80
Adamini Ehardt Lipsey Rison
Allen Faunce Lockwood Rocca
Anderson Frank Mans Schauer
Basham Garza McConico Schermesser
Bernero George Mead Sheltrown
Birkholz Gieleghem Meyer Shulman
Bisbee Gilbert Minore Spade
Bishop Hager Mortimer Stallworth
Bogardus Hale Murphy Stewart
Bovin Hansen Neumann Switalski
Brown, B. Hardman Newell Tabor
Brown, R. Howell O'Neil Thomas
Callahan Jacobs Patterson Toy
Cassis Jamnick Pestka Van Woerkom
Clark, I. Johnson, Rick Phillips Waters
Clarke, H. Julian Plakas Williams
Daniels Kolb Quarles Wojno
Dennis Kowall Reeves Woodward
DeRossett Kuipers Richardville Woronchak
DeVuyst Lemmons Richner Zelenko
In The Chair: Julian
Rep. Palmer moved to amend the bill as follows:
1. Amend page 8, line 13, after "IN" by striking out "SUBDIVISION (D)" and inserting "SUBDIVISIONS (D) AND (E)".
2. Amend page 8, line 19, after "(D)" by inserting "EXCEPT AS OTHERWISE PROVIDED IN SUBDIVISION (E),".
3. Amend page 9, following line 2, by inserting:
"(E) IN ADDITION TO THE NUMBER OF CONTRACTS THAT MAY BE ISSUED FOR PUBLIC SCHOOL ACADEMIES TO BE LOCATED IN A SCHOOL DISTRICT UNDER SUBDIVISIONS (C) AND (D) FOR THE APPLICABLE CALENDAR YEARS UNDER THOSE SUBDIVISIONS, AN ADDITIONAL NUMBER OF CONTRACTS MAY BE ISSUED UNDER THIS SUBDIVISION FOR PUBLIC SCHOOL ACADEMIES TO BE LOCATED IN ANY 1 SCHOOL DISTRICT WITH AT LEAST 20,000 PUPILS IN MEMBERSHIP. FOR EACH APPLICABLE CALENDAR YEAR, THE COMBINED TOTAL NUMBER OF CONTRACTS, WHETHER UNDER SUBDIVISION (A) OR (B), THAT MAY BE ISSUED UNDER THIS SUBDIVISION BY ALL INSTITUTIONS OF HIGHER EDUCATION WITH STATEWIDE JURISDICTION FOR PUBLIC SCHOOL ACADEMIES TO BE LOCATED IN ANY 1 SCHOOL DISTRICT SHALL NOT EXCEED 1 PER CALENDAR YEAR PER EACH 20,000 PUPILS IN MEMBERSHIP IN THAT SCHOOL DISTRICT FOR THE STATE FISCAL YEAR ENDING IN THAT CALENDAR YEAR. CONTRACTS ISSUED UNDER THIS SUBDIVISION ARE SUBJECT TO THE OVERALL NUMERICAL LIMITATIONS OF SUBDIVISIONS (A) AND (B)." and relettering the remaining subdivision.
The question being on the adoption of the amendments offered by Rep. Palmer,
Rep. Palmer demanded the yeas and nays.
The demand was supported.
The question being on the adoption of the amendments offered by Rep. Palmer,
The amendments were not adopted, a majority of the members serving not voting therefor, by yeas and nays, as follows:
Roll Call No. 641 Yeas--22
Birkholz Drolet Koetje Stamas
Bishop Gosselin Kooiman Vander Roest
Bradstreet Hart Middaugh Vander Veen
Brown, C. Hummel Palmer Vear
Caul Jansen Raczkowski Voorhees
DeWeese Johnson, Ruth
Nays--83
Adamini Garza Mans Rocca
Allen George McConico Schauer
Anderson Gieleghem Mead Schermesser
Basham Gilbert Meyer Shackleton
Bernero Godchaux Minore Sheltrown
Bisbee Hager Mortimer Shulman
Bogardus Hale Murphy Spade
Bovin Hansen Neumann Stallworth
Brown, B. Hardman Newell Stewart
Brown, R. Howell O'Neil Switalski
Callahan Jamnick Pappageorge Tabor
Cassis Jelinek Patterson Thomas
Clark, I. Johnson, Rick Pestka Toy
Clarke, H. Julian Phillips Van Woerkom
Daniels Kolb Plakas Waters
Dennis Kowall Pumford Williams
DeRossett Kuipers Quarles Wojno
DeVuyst LaSata Reeves Woodward
Ehardt Lemmons Richardville Woronchak
Faunce Lipsey Richner Zelenko
Frank Lockwood Rison
In The Chair: Julian
Rep. Vander Roest moved to amend the bill as follows:
1. Amend page 42, following line 26, by inserting:
"(D) THAT THE INDEPENDENT AUDITOR FOR THE GOVERNING BOARD WILL NOT BE THE SAME AUDITOR AS THE AUDITOR FOR THE EDUCATIONAL MANAGEMENT COMPANY.".
The motion did not prevail and the amendment was not adopted, a majority of the members serving not voting therefor.
Rep. Lemmons moved to amend the bill as follows:
1. Amend page 5, line 6, after "subdivision," by striking out the balance of the line through "class," on line 11.
2. Amend page 5, line 14, after "district" by striking out the comma.
The motion prevailed and the amendments were adopted, a majority of the members serving voting therefor.
Rep. Kuipers 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. 4800, entitled
A bill to amend 1976 PA 451, entitled "The revised school code," by amending sections 501, 502, 503, 504, 504a, 506, 507, 1701a, and 1711 (MCL 380.501, 380.502, 380.503, 380.504, 380.504a, 380.506, 380.507, 380.1701a, and 380.1711), sections 501, 502, 503, 504a, and 507 as amended by 1995 PA 289, sections 504 and 1701a as amended by 1994 PA 416, and section 506 as added by 1993 PA 362, and by adding sections 503b, 1320, and 1814.
Was read a third time and not passed, a majority of the members serving not voting therefor, by yeas and nays, as follows:
Roll Call No. 642 Yeas--54
Allen George Kuipers Richner
Birkholz Gilbert LaSata Rocca
Bisbee Gosselin Lemmons Shackleton
Bishop Hager Mead Shulman
Bradstreet Hart Meyer Stamas
Brown, C. Howell Middaugh Tabor
Cassis Hummel Mortimer Toy
Caul Jansen Newell Van Woerkom
DeRossett Johnson, Rick Palmer Vander Roest
DeVuyst Johnson, Ruth Pappageorge Vander Veen
DeWeese Julian Patterson Vear
Drolet Koetje Raczkowski Voorhees
Ehardt Kooiman Richardville Woronchak
Faunce Kowall
Nays--52
Adamini Frank Mans Schauer
Anderson Garza McConico Schermesser
Basham Gieleghem Minore Scranton
Bernero Godchaux Murphy Sheltrown
Bogardus Hale Neumann Spade
Bovin Hansen O'Neil Stewart
Brown, B. Hardman Pestka Switalski
Brown, R. Jacobs Phillips Thomas
Callahan Jamnick Plakas Waters
Clark, I. Jelinek Pumford Williams
Clarke, H. Kolb Quarles Wojno
Daniels Lipsey Reeves Woodward
Dennis Lockwood Rison Zelenko
In The Chair: Julian
______
Reps. Waters and Clark, Garza, Hardman, Hale, 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 (H-4) because charter schools are public schools, funded with public tax dollars. As such it is our responsibility to ensure that the students attending them are receiving top quality education.
While this bill improves the oversight requirements for charter schools, the Department does not have the staff to implement these new requirements. Without additional resources, these provisions are useless, and yet the cap on charter schools would be vastly increased just the same.
In addition, a report on the progress of charter schools is expected from the Legislative Auditor General shortly. The information in that report should prove invaluable in determining the policies and standards governing charter schools.
Finally, proponents of this version state that the bill would hold Detroit harmless by limiting the number of new charter schools created within the city limits. Unfortunately, there is nothing to prevent the 15 surrounding communities from establishing 2 charter schools in each of those districts on Detroit's border, pulling valuable resources and targeting pupils from within Detroit.
For these reasons, I believe this bill does not include the best policies to ensure the success of our students attending charter schools. Therefore, I voted no on its passage."
Reps. Callahan, Kolb, Spade, Basham, Zelenko, Bogardus, Dennis, Woodward, Murphy, Jamnick, Lipsey, Williams, Phillips and Wojno, 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 4800 (H-4) because charter schools are public schools, funded with public tax dollars. As such it is our responsibility to ensure that students attending them are receiving top quality education.
While this bill improves the oversight requirements for charter schools, the Department does not have the staff to implement these new requirements. Without additional resources, these provisions are useless, and yet the cap on charter schools would be vastly increased just the same.
In addition, a report on the progress of charter schools is expected from the Legislative Auditor General shortly. The information in that report should prove invaluable in determining the policies and standards governing charter schools.
For these reasons, I believe this bill does not include the best policies to ensure the success of our students attending charter schools. Therefore, I voted no on its passage."
Rep. Patterson moved to reconsider the vote by which the House did not pass the bill.
The motion prevailed, a majority of the members serving voting therefor.
The question being on the passage of the bill,
Rep. Patterson moved that consideration of the bill be postponed for the day.
The motion prevailed.
______
Rep. Patterson moved that House Committees be given leave to meet during the balance of today's session.
The motion prevailed.
By unanimous consent the House returned to the order of
Motions and Resolutions
Reps. McConico, Hale, O'Neil, Julian, DeWeese, Raczkowski, Shulman, Schauer, Lemmons, Woodward, Wojno, Newell, DeRossett, Rivet, Vander Roest, Pappageorge, Drolet, Murphy, Neumann, Gieleghem, Hardman, Bovin, Hansen, Quarles, Sheltrown, Rich Brown, Waters, Spade, Schermesser, Dennis, Jacobs, Jamnick, Adamini, Zelenko, Bogardus, Phillips, Plakas, Anderson, Switalski, Lockwood, Vear, Voorhees, Jansen, Kolb, Garza, Basham, Thomas, Clark, Minore and Daniels offered the following resolution:
House Resolution No. 430.
A resolution honoring the life of Pastor Odell Jones.
The man who enriches life gives of himself
To others, rejoices in creation, and
Serves humanity through his adherence
To truth, honesty, charity, and love.
--Anonymous
Whereas, It is with deep respect that we honor the life of Pastor Odell Jones. His service to the Detroit community for over 36 years as pastor of the Pleasant Grove Baptist Church remains part of his remarkable legacy, one for which we will always be thankful; and
Whereas, Born in Stephen, Arkansas, and following a tour in the United States Air Force, Reverend Jones earned a bachelor's degree from Arkansas Baptist College, his master's degree in religious studies from Virginia Union University, and a doctorate at Drew University in New Jersey. Reverend Jones moved to Detroit in 1956, where he became the church's youngest pastor at the age of 32; and
Whereas, A loving husband and father, Pastor Jones was a long time resident of Detroit. He was active and involved in various worthy projects, including the construction of an educational facility and recreational department for his congregation and the renovation of the church's structure. Pastor Jones was also a member of several civic organizations, such as the National Association for the Advancement of Colored People, Board Member of the Christian Education of the National Baptist Convention, Council of Baptist Pastors of Detroit and Vicinity, and the Board of Directors of the Council of Churches. Pastor Jones was also instrumental in the election of Former President of the United States Bill Clinton as Chairman of Michigan Clergy United; and
Whereas, Pastor Jones was known for his dedication to children and his tireless work to improve the city of Detroit. He opened a Christian education building, started youth sports leagues, aided students in financing their education, and was actively involved in city politics. As the family and friends who witnessed Pastor Jones' good works can attest, the public moments of services and sermons are only part of the presence of Pastor Jones. His private help to the needy, through encouragement, prayer, or putting a person in touch with someone with the resources to help, constituted a true gift. Through those who have been blessed by these works, the entire community has been enriched; and
Whereas, Friendly and caring, Pastor Jones was able to build a consensus among people in Detroit for positive change. His effectiveness, integrity, and sincere goodwill created a spirit of cooperation leading to accomplishments that benefited everyone. A true community leader, he was much admired and will long be remembered; now, therefore, be it
Resolved by the House of Representatives, That the members of this legislative body honor the life of Pastor Odell Jones. May his family know of our great respect and gratitude for his outstanding contributions; and be it further
Resolved, That a copy of this resolution be transmitted to his family as a token of our highest esteem.
The question being on the adoption of the resolution,
The resolution was adopted.
Reps. Wojno, Hale, O'Neil, Julian, DeWeese, Raczkowski, Faunce, Shulman, Schauer, Lemmons, Woodward, Bob Brown, Mans, Newell, DeRossett, Rivet, Pappageorge, Drolet, Toy, Callahan, Murphy, Neumann, McConico, Gieleghem, Bovin, Hansen, Pestka, Sheltrown, Rich Brown, Waters, Spade, Schermesser, Dennis, Jacobs, Jamnick, Adamini, Zelenko, Bogardus, Phillips, Plakas, Anderson, Switalski, Lockwood, Vear, Voorhees, Kolb, Thomas, Clark, Minore and Daniels offered the following resolution:
House Resolution No. 431.
A resolution honoring Fred Stefani for his fine work and dedication to the Warren community.
Whereas, With the enthusiasm that this talented and energetic individual has displayed over the years, we honor Fred Stefani for all the hard work and commitment he has demonstrated; and
Whereas, Fred Stefani was born on January 9, 1921, in the city of Detroit and graduated from St. Margaret Mary High School. He served in the United States Navy from 1942 to 1946, under Admiral William F. Halsey, aboard the aircraft carrier U.S.S. Steamer Bay. After the war, Mr. Stefani went to work for the Chrysler Corporation and was there for 38 years. In 1969, he married Ruthie Miller. Fred is also a dedicated member of the Knights of Columbus. In 1998, by throwing a perfect game, he became a member of the prestigious 300 Club for bowlers; and
Whereas, Fred Stefani formed the Warren Senior Connection in 1996 and serves as the organization's president. He has provided Warren and its senior community with a sense of stability and peace. The members of the Warren Senior Connection enjoy the many benefits of the hard work and dedication of Fred Stefani. He is tireless in his efforts to plan and organize the numerous functions that all the members of the Warren Senior Connection enjoy; and
Whereas, Fred Stefani is praised for his efforts in several areas. In addition to specific innovations at the Warren Senior Connection, he is being honored for his success in motivating those whose lives he touches. We applaud the dedication he has consistently displayed and add our voices to the many others that benefit from all of his hard work and efforts; now, therefore, be it
Resolved by the House of Representatives, That the members of this legislative body honor Fred Stefani for his fine work and dedication to the Warren community; and be it further
Resolved, That a copy of this resolution be transmitted to Fred Stefani and the Warren Senior Connection as evidence of our highest 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. Rivet, Frank, O'Neil, Julian, DeWeese, Raczkowski, Shulman, Schauer, Howell, Lemmons, Woodward, Wojno, Newell, DeRossett, Pappageorge, Drolet, Murphy, Neumann, DeVuyst, McConico, Gieleghem, Hardman, Bovin, Hansen, Quarles, Sheltrown, Rich Brown, Waters, Spade, Meyer, Schermesser, Dennis, Jacobs, Jamnick, Adamini, Zelenko, Bogardus, Phillips, Plakas, Anderson, Switalski, Lockwood, Vear, Voorhees, Jansen, Kolb, Thomas, Clark, Minore and Daniels offered the following resolution:
House Resolution No. 432.
A resolution honoring Dr. Jon Whan upon the occasion of his retirement from the Bay-Arenac Intermediate School District.
Whereas, It is with great respect and admiration for his outstanding contributions to the Bay-Arenac Intermediate School District that we are pleased to honor Dr. Jon Whan on the occasion of his retirement. After 34 years of working in public education, ten of those years as Intermediate School District Superintendent, he brings to a close a career of exemplary service, commitment, and excellence. We commend and thank him; and
Whereas, For years Dr. Jon Whan has been an advocate for children, community support of public education, and collaboration among agencies that promote human services. His knowledge, leadership, and guidance have truly made a difference for the future generations of children in the community. The Bay-Arenac school district will surely miss this respected and dedicated educator; and
Whereas, As we can expect from an individual with the leadership and concern demonstrated by Dr. Jon Whan, this gentleman also serves the community in a host of local organizations. He serves on the boards of the Bay Area Community Foundation, United Way of Bay County, Alliance for Bay County Schools, and the Bay County Human Services Coordinating Council; and
Whereas, Dr. Whan and his wife, Kay, have been married for 40 years. They have raised four children, Jonathan, Jeremey, Ellen, and Julianne and have seven grandchildren. Dr. Whan and his wife plan to retire to Gull Lake. We extend our very best wishes to them for a happy and healthy retirement; now, therefore, be it
Resolved by the House of Representatives, That the members of this legislative body honor Dr. Jon Whan upon the occasion his retirement from the Bay-Arenac Intermediate School District. May he know of the high esteem in which he is held by the people of the state of Michigan; and be it further
Resolved, That a copy of this resolution be transmitted to Dr. Jon Whan as evidence of our appreciation and gratitude.
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.
Messages from the Governor
The following messages from the Governor, approving and signing the following bills at the times designated below, were received and read:
Date: April 30, 2002
Time: 2:00 p.m.
To the Speaker of the House of Representatives:
Sir--I have this day approved and signed
Enrolled House Bill No. 5298 (Public Act No. 245, I.E.), being
An act to amend 1927 PA 175, entitled "An act to revise, consolidate, and codify the laws relating to criminal procedure and to define the jurisdiction, powers, and duties of courts, judges, and other officers of the court under the provisions of this act; to provide laws relative to the rights of persons accused of criminal offenses and ordinance violations; to provide for the arrest of persons charged with or suspected of criminal offenses and ordinance violations; to provide for bail of persons arrested for or accused of criminal offenses and ordinance violations; to provide for the examination of persons accused of criminal offenses; to regulate the procedure relative to grand juries, indictments, informations, and proceedings before trial; to provide for trials of persons complained of or indicted for criminal offenses and ordinance violations and to provide for the procedure in those trials; to provide for judgments and sentences of persons convicted of criminal offenses and ordinance violations; to establish a sentencing commission and to prescribe its powers and duties; to provide for procedure relating to new trials and appeals in criminal and ordinance violation cases; to provide a uniform system of probation throughout this state and the appointment of probation officers; to prescribe the powers, duties, and compensation of probation officers; to provide penalties for the violation of the duties of probation officers; to provide for procedure governing proceedings to prevent crime and proceedings for the discovery of crime; to provide for fees of officers, witnesses, and others in criminal and ordinance violation cases; to set forth miscellaneous provisions as to criminal procedure in certain cases; to provide penalties for the
violation of certain provisions of this act; and to repeal all acts and parts of acts inconsistent with or contravening any of the provisions of this act," by amending section 36 of chapter VIII (MCL 768.36).
(Filed with the Secretary of State April 30, 2002, at 3:40 p.m.)
Date: April 30, 2002
Time: 2:04 p.m.
To the Speaker of the House of Representatives:
Sir--I have this day approved and signed
Enrolled House Bill No. 5411 (Public Act No. 246, I.E.), being
An act to amend 1976 PA 451, entitled "An act to provide a system of public instruction and elementary and secondary schools; to revise, consolidate, and clarify the laws relating to elementary and secondary education; to provide for the organization, regulation, and maintenance of schools, school districts, public school academies, and intermediate school districts; to prescribe rights, powers, duties, and privileges of schools, school districts, public school academies, and intermediate school districts; to provide for the regulation of school teachers and certain other school employees; to provide for school elections and to prescribe powers and duties with respect thereto; to provide for the levy and collection of taxes; to provide for the borrowing of money and issuance of bonds and other evidences of indebtedness; to establish a fund and provide for expenditures from that fund; to provide for and prescribe the powers and duties of certain state departments, the state board of education, and certain other boards and officials; to provide for licensure of boarding schools; to prescribe penalties; and to repeal acts and parts of acts," by amending section 1225 (MCL 380.1225), as amended by 1997 PA 152.
(Filed with the Secretary of State April 30, 2002, at 3:42 p.m.)
Date: April 30, 2002
Time: 2:08 p.m.
To the Speaker of the House of Representatives:
Sir--I have this day approved and signed
Enrolled House Bill No. 5624 (Public Act No. 248, I.E.), being
An act to amend 1994 PA 451, entitled "An act to protect the environment and natural resources of the state; to codify, revise, consolidate, and classify laws relating to the environment and natural resources of the state; to regulate the discharge of certain substances into the environment; to regulate the use of certain lands, waters, and other natural resources of the state; to prescribe the powers and duties of certain state and local agencies and officials; to provide for certain charges, fees, and assessments; to provide certain appropriations; to prescribe penalties and provide remedies; to repeal certain parts of this act on a specific date; and to repeal certain acts and parts of acts," by amending section 4504 (MCL 324.4504), as added by 1995 PA 60.
(Filed with the Secretary of State April 30, 2002, at 3:46 p.m.)
Date: April 30, 2002
Time: 2:10 p.m.
To the Speaker of the House of Representatives:
Sir--I have this day approved and signed
Enrolled House Bill No. 5634 (Public Act No. 249, I.E.), being
An act to amend 1994 PA 451, entitled "An act to protect the environment and natural resources of the state; to codify, revise, consolidate, and classify laws relating to the environment and natural resources of the state; to regulate the discharge of certain substances into the environment; to regulate the use of certain lands, waters, and other natural resources of the state; to prescribe the powers and duties of certain state and local agencies and officials; to provide for certain charges, fees, and assessments; to provide certain appropriations; to prescribe penalties and provide remedies; to repeal certain parts of this act on a specific date; and to repeal certain acts and parts of acts," by amending section 74112 (MCL 324.74112), as added by 1995 PA 58.
(Filed with the Secretary of State April 30, 2002, at 3:48 p.m.)
Introduction of Bills
Rep. Woronchak introduced
House Bill No. 5988, entitled
A bill to amend 1936 (Ex Sess) PA 1, entitled "Michigan employment security act," by amending section 27 (MCL 421.27), as amended by 2002 PA 192.
The bill was read a first time by its title and referred to the Committee on Employment Relations, Training and Safety.
Rep. Hardman moved that the House adjourn.
The motion prevailed, the time being 8:30 p.m.
Associate Speaker Pro Tempore Julian declared the House adjourned until Thursday, May 2, at 12:00 Noon.
GARY L. RANDALL
Clerk of the House of Representatives.