No. 10

STATE OF MICHIGAN

JOURNAL

OF THE

House of Representatives

92nd Legislature


REGULAR SESSION OF 2003


House Chamber, Lansing, Thursday, February 13, 2003.

 

10:00 a.m.

 

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

 

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

 

 
Accavitti--presentGarfield--presentMeisner--presentSheen--present
Acciavatti--presentGieleghem--presentMeyer--presentSheltrown--present
Adamini--presentGillard--presentMiddaugh--presentShulman--present
Amos--presentGleason--presentMilosch--presentSmith--present
Anderson--presentHager--presentMinore--presentSpade--present
Bieda--presentHardman--presentMoolenaar--presentStahl--present
Bisbee--presentHart--presentMurphy--presentStakoe--present
Bradstreet--presentHood--presentNewell--presentStallworth--excused
Brandenburg--presentHoogendyk--presentNitz--presentSteil--present
Brown--presentHopgood--presentNofs--presentStewart--present
Byrum--presentHowell--presentO'Neil--presentTabor--excused
Casperson--presentHuizenga--presentPaletko--presentTaub--present
Caswell--presentHummel--presentPalmer--presentTobocman--present
Caul--presentHune--presentPalsrok--presentVagnozzi--present
Cheeks--presentHunter--presentPappageorge--presentVan Regenmorter--present
Clack--presentJamnick--presentPastor--presentVander Veen--present
Condino--presentJohnson, Rick--presentPhillips--presentVoorhees--present
Daniels--excusedJohnson, Ruth--presentPlakas--presentWalker--present
Dennis--presentJulian--presentPumford--presentWard--present
DeRoche--presentKoetje--presentReeves--presentWaters--present
DeRossett--presentKolb--presentRichardville--presentWenke--present
Drolet--presentKooiman--presentRivet--presentWhitmer--present
Ehardt--presentLaJoy--presentRobertson--presentWilliams--present
Elkins--presentLaSata--presentRocca--presentWojno--present
Emmons--presentLaw--presentSak--presentWoodward--present
Farhat--presentLipsey--presentShackleton--presentWoronchak--present
Farrah--presentMcConico--presentShaffer--presentZelenko--excused

Gaffney--present

 

 

e/d/s = entered during session

Rep. Jack Brandenburg, from the 24th District, offered the following invocation:

 

"God, we pray today that You will bless each of us as representatives of the people. Help us to always take our responsibilities seriously. Help us to live our lives, today and every day, with courage, decency, integrity and honesty. Give us the strength to work hard, to think hard and to make good decisions. We thank You for our blessings, and ask that You continue to watch over all of us in this room, those we love, President Bush and every American. Amen."

 

 

______

 

 

Rep. Waters moved that Reps. Daniels, Stallworth and Zelenko be excused from today's session.

The motion prevailed.

 

Rep. Palmer moved that Rep. Tabor be excused from today's session.

The motion prevailed.

 

 

Reports of Standing Committees

 

 

The Speaker laid before the House

House Resolution No. 10.

A resolution to memorialize the Congress of the United States to enact legislation to authorize States to enact laws prohibiting or limiting the receipt and disposal of municipal solid waste generated out-of-state.

(For text of resolution, see House Journal No. 3, p. 52.)

(The resolution was reported by the Committee on Land Use and Environment on February 12, with amendments, consideration of which, under the rules, was postponed until today.)

(For amendments, see House Journal No. 9, p. 114.)

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

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

The question being on the adoption of the resolution,

Rep. Brandenburg demanded the yeas and nays.

The demand was supported.

The question being on the adoption of the resolution,

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

 

 

Roll Call No. 4 Yeas--102

 

 
AccavittiGarfieldMcConicoShackleton
AcciavattiGieleghemMeisnerShaffer
AdaminiGillardMeyerSheen
AmosGleasonMiddaughSheltrown
AndersonHagerMiloschShulman
BiedaHardmanMinoreSmith
BisbeeHartMoolenaarSpade
BradstreetHoodMurphyStahl
BrandenburgHoogendykNewellStakoe
BrownHopgoodNofsSteil
ByrumHowellO'NeilStewart
CaspersonHuizengaPaletkoTaub
CaswellHummelPalmerTobocman
CaulHunePalsrokVagnozzi
CheeksHunterPappageorgeVan Regenmorter
ClackJamnickPastorVander Veen
CondinoJohnson, RickPhillipsWalker
DennisJohnson, RuthPlakasWard
DeRocheJulianPumfordWaters
DeRossettKoetjeReevesWenke
EhardtKolbRichardvilleWhitmer
ElkinsKooimanRivetWilliams
EmmonsLaJoyRobertsonWojno
FarhatLaSataRoccaWoodward
FarrahLawSakWoronchak

Gaffney Lipsey

 

 

Nays--2

 

 

Drolet Nitz

 

 

In The Chair: Julian

 

 

COMMITTEE ATTENDANCE REPORT

 

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

Meeting held on: Thursday, February 13, 2003, at 9:00 a.m.

Present: Reps. DeRossett, Casperson, Hummel, DeRoche, Gaffney, Hune, Huizenga, LaJoy, Robertson, Ward, Anderson, Jamnick, Gleason, Tobocman, Adamini, Murphy and Elkins

 

 

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, February 13:

House Bill Nos. 4197 4198 4199 4200 4201 4202 4203 4204 4205 4206 4207 4208 4209

 

 

Introduction of Bills

 

 

Rep. Kolb introduced

House Bill No. 4210, entitled

A bill to amend 1949 PA 300, entitled "Michigan vehicle code," by amending section 907 (MCL 257.907), as amended by 2002 PA 534.

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

 

 

Reps. Caswell, Brandenburg, Nitz and Shaffer introduced

House Bill No. 4211, entitled

A bill to amend 1893 PA 206, entitled "The general property tax act," by amending section 30 (MCL 211.30), as amended by 2000 PA 210.

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

 

 

Reps. Caswell, Brandenburg, Nitz and Shaffer introduced

House Bill No. 4212, entitled

A bill to amend 1956 PA 218, entitled "The insurance code of 1956," by amending section 3104 (MCL 500.3104), as amended by 2002 PA 662.

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

 

 

Reps. Caswell, Brandenburg, LaJoy and Shaffer introduced

House Bill No. 4213, entitled

A bill to amend 1976 PA 451, entitled "The revised school code," by amending section 626 (MCL 380.626).

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

Reps. Caswell, Brandenburg, Nitz and Shaffer introduced

House Bill No. 4214, entitled

A bill to amend 1846 RS 171, entitled "Of county jails and the regulation thereof," by amending section 4 (MCL 801.4), as amended by 1984 PA 119.

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

 

 

Rep. Ward introduced

House Bill No. 4215, entitled

A bill to amend 1976 PA 451, entitled "The revised school code," (MCL 380.1 to 380.1852) by adding section 1061.

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

 

 

Rep. Rocca introduced

House Bill No. 4216, entitled

A bill to amend 1976 PA 442, entitled "Freedom of information act," by amending section 13 (MCL 15.243), as amended by 2002 PA 437.

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

 

 

Rep. DeRossett introduced

House Bill No. 4217, 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 2002 PA 75.

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

 

 

Reps. Middaugh, Caswell, Garfield, Shaffer, Meyer, Robertson, Vander Veen, Ruth Johnson, Anderson, Stahl, Gleason, Murphy, Jamnick, Bieda, Brandenburg, Sheen, DeRossett, Hummel, Taub, Hager, Pumford, Palsrok, Caul and Palmer introduced

House Bill No. 4218, entitled

A bill to amend 1976 PA 451, entitled "The revised school code," by amending section 1303 (MCL 380.1303), as amended by 1995 PA 289.

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

 

 

Rep. Woronchak introduced

House Bill No. 4219, entitled

A bill to amend 1937 PA 94, entitled "Use tax act," by amending section 3 (MCL 205.93), as amended by 2002 PA 511.

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

 

 

Reps. Kolb, Minore, Whitmer, Law and Tobocman introduced

House Bill No. 4220, entitled

A bill to amend 1893 PA 206, entitled "The general property tax act," by amending section 7o (MCL 211.7o), as amended by 2000 PA 309.

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

 

 

Reps. Kolb, Lipsey, Minore, Vagnozzi, Whitmer, Hopgood and Gieleghem introduced

House Bill No. 4221, entitled

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

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

 

 

Reps. Kolb, Lipsey, Minore, Vagnozzi, Whitmer, Sheen and Gieleghem introduced

House Bill No. 4222, entitled

A bill to amend 1893 PA 206, entitled "The general property tax act," by amending section 7cc (MCL 211.7cc), as amended by 2002 PA 624.

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

Reps. Spade, Farrah, LaJoy, Plakas, Adamini, Vander Veen, Brown, Condino and Bieda introduced

House Bill No. 4223, entitled

A bill to amend 1976 PA 220, entitled "Persons with disabilities civil rights act," by amending section 502 (MCL 37.1502), as amended by 1998 PA 20.

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

 

 

Rep. Jamnick introduced

House Bill No. 4224, entitled

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

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

 

 

Reps. Tabor, Hummel, Acciavatti, Milosch, Ward and Sheen introduced

House Bill No. 4225, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending sections 43520, 43523, 43525a, 43527, 43531, and 43553 (MCL 324.43520, 324.43523, 324.43525a, 324.43527, 324.43531, and 324.43553), section 43520 as added by 1995 PA 57, sections 43523, 43527, 43531, and 43553 as amended by 1996 PA 585, and section 43525a as added by 1998 PA 291.

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

 

 

Reps. Tabor, Hummel, Acciavatti and Sheen introduced

House Bill No. 4226, entitled

A bill to amend 1979 PA 94, entitled "The state school aid act of 1979," (MCL 388.1601 to 388.1772) by adding section 93.

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

 

 

Reps. Pumford, Palsrok, Walker, Middaugh, Newell, Adamini, Howell, Sheltrown, Shackleton, Ehardt, Brown, Nitz, Caswell, Emmons, Shaffer, LaSata, Sheen and Nofs introduced

House Bill No. 4227, entitled

A bill to amend 1979 PA 94, entitled "The state school aid act of 1979," by amending section 11 (MCL 388.1611), as amended by 2002 PA 521.

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

 

 

Reps. Gaffney, O'Neil, Drolet, Garfield, Brandenburg and Hune introduced

House Bill No. 4228, entitled

A bill to amend 1966 PA 331, entitled "Community college act of 1966," (MCL 389.1 to 389.195) by adding sections 22, 47, 66, and 89.

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

 

 

Reps. Gaffney, Bieda, Richardville, Nofs, Stakoe, Plakas, Brandenburg and Hune introduced

House Bill No. 4229, entitled

A bill to amend 1931 PA 328, entitled "The Michigan penal code," by amending section 479b (MCL 750.479b), as added by 1994 PA 33.

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

 

 

Reps. Hune, Ward, Stahl, Brandenburg, Caswell, Stakoe, Garfield, Hoogendyk, Pastor, LaJoy, Shaffer, Walker and Emmons introduced

House Bill No. 4230, entitled

A bill to amend 1969 PA 317, entitled "Worker's disability compensation act of 1969," (MCL 418.101 to 418.941) by adding section 306.

The bill was read a first time by its title and referred to the Committee on Employment Relations, Training and Safety.

Reps. Koetje and Stahl introduced

House Bill No. 4231, entitled

A bill to amend 1949 PA 300, entitled "Michigan vehicle code," by amending sections 252a, 252b, 252d, and 252g (MCL 257.252a, 257.252b, 257.252d, and 257.252g), section 252a as amended by 2002 PA 649, section 252b as amended and section 252g as added by 1981 PA 104, and section 252d as amended by 2000 PA 76.

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

 

 

Rep. Koetje introduced

House Bill No. 4232, entitled

A bill to amend 1998 PA 58, entitled "Michigan liquor control code of 1998," by amending section 531 (MCL 436.1531), as amended by 2002 PA 725.

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

 

 

______

 

 

Rep. Brown moved that the House adjourn.

The motion prevailed, the time being 10:50 a.m.

 

The Speaker Pro Tempore declared the House adjourned until Tuesday, February 18, at 1:00 p.m.

 

 

GARY L. RANDALL

Clerk of the House of Representatives