2003-HJ-05-01-034.htm

No. 34

STATE OF MICHIGAN

JOURNAL

OF THE

House of Representatives

92nd Legislature

REGULAR SESSION OF 2003

House Chamber, Lansing, Thursday, May 1, 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--present Garfield--present Meisner--present Sheen--present

Acciavatti--present Gieleghem--present Meyer--present Sheltrown--present

Adamini--present Gillard--present Middaugh--present Shulman--present

Amos--present Gleason--present Milosch--present Smith--present

Anderson--present Hager--present Minore--present Spade--present

Bieda--present Hardman--e/d/s Moolenaar--present Stahl--present

Bisbee--present Hart--excused Murphy--present Stakoe--present

Bradstreet--present Hood--present Newell--present Stallworth--present

Brandenburg--present Hoogendyk--present Nitz--present Steil--present

Brown--present Hopgood--present Nofs--present Stewart--present

Byrum--present Howell--present O'Neil--present Tabor--excused

Casperson--present Huizenga--present Paletko--present Taub--present

Caswell--present Hummel--present Palmer--present Tobocman--present

Caul--present Hune--present Palsrok--present Vagnozzi--present

Cheeks--present Hunter--present Pappageorge--present Van Regenmorter--present

Clack--present Jamnick--present Pastor--present Vander Veen--present

Condino--present Johnson, Rick--present Phillips--present Voorhees--present

Daniels--present Johnson, Ruth--present Plakas--present Walker--present

Dennis--present Julian--present Pumford--present Ward--present

DeRoche--excused Koetje--present Reeves--present Waters--present

DeRossett--present Kolb--present Richardville--present Wenke--present

Drolet--present Kooiman--present Rivet--present Whitmer--present

Ehardt--present LaJoy--present Robertson--present Williams--present

Elkins--present LaSata--present Rocca--present Wojno--present

Emmons--present Law--present Sak--present Woodward--present

Farhat--present Lipsey--present Shackleton--present Woronchak--present

Farrah--present McConico--present Shaffer--present Zelenko--excused

Gaffney--present

e/d/s = entered during session

Rep. Morris Hood III, from the 11th District, offered the following invocation:

"Lord, thank You for allowing us to wake this morning to continue on the journey that You have paved for us so that we can do Your will. Lord, please guide us through these tough times, for we are Your servants. Give us the knowledge, the wisdom, the courage, the compassion and the patience to make good and correct decisions for the people of this great state. Lord, we must remember that You are almighty and that there is none greater than You. Lord, bless our families that have lost loved ones. Continue to bless the family of our fallen colleague from the 65th district. Continue to bless our colleague and his family from the 48th district who lost his nephew serving our country. Lord, let us be sympathetic and cognizant of the concerns of the next man, for some day that concern may be ours. We ask this in Your name, Lord. Amen."

______

Rep. Palmer moved that Reps. DeRoche, Hart and Tabor be excused from today's session.

The motion prevailed.

Rep. Waters moved that Rep. Zelenko be excused from today's session.

The motion prevailed.

The Speaker assumed the Chair.

Messages from the Senate

Senate Concurrent Resolution No. 22.

A concurrent resolution offered as a memorial for Martha Griffiths, President of the Senate from 1983 to 1990.

Whereas, It is with great admiration for the impact of her life of service to our state and nation that we mark the passing of Martha Griffiths, who served as the President of the Michigan Senate from 1983 to 1990. A true pioneer in many aspects of her varied and accomplishment-filled career, Martha Griffiths was a leader not only in shaping laws and public policy, but also in revamping attitudes and aspirations in our society; and

Whereas, History will remember Martha Griffiths as one of the most important advocates for women's rights of her time. During her twenty-year tenure in Congress, she spearheaded legislative reforms, including making sure women's rights were included in the landmark 1964 Civil Rights Act. With great determination, a strong sense of history, and personal integrity, she led the drive seeking passage of the Equal Rights Amendment that helped awaken public consciousness. In addition, she was a tireless and articulate voice of common sense and fairness on all issues; and

Whereas, In all her work, from the practice of law to responsibilities as a judge and from her membership on several corporate boards to her legendary work wielding the gavel in this legislative body, Martha Griffiths acted out of a deep love of people and our democracy. Her warmth, humor, and character touched all who knew her and inspired a generation of young women to pursue public service. Michigan is far stronger for her life and commitment; now, therefore, be it

Resolved by the Senate (the House of Representatives concurring), That we honor the memory of Martha Griffiths, judge, legislator, congresswoman, lieutenant governor, and pioneer in advancing women's rights in our nation; and be it further

Resolved, That copies of this resolution be transmitted to the Griffiths family as evidence of our deep respect for her memory.

The Senate has adopted the concurrent resolution.

The question being on the adoption of the concurrent resolution,

The concurrent resolution was adopted by unanimous standing vote.

By unanimous consent the House returned to the order of

Motions and Resolutions

The Minority Leader and the Speaker, on behalf of the entire membership of the House of Representatives, offered the following resolution:

House Resolution No. 48.

A resolution to honor the memory of Martha Griffiths.

Whereas, The recent passing of Martha Griffiths marks the end of an era in Michigan history. With her life-long commitment to public service and her dynamic leadership at virtually all levels of governmental service, this spirited and visionary woman has strengthened our state and nation in many ways; and

Whereas, Martha Griffiths was a native of Missouri who came to Michigan to study at the University of Michigan Law School. Her remarkable career included accomplishments on behalf of others through the private practice of law and service through the Michigan House of Representatives from 1949 to 1952, the Detroit Recorder's Court bench, the United States House of Representatives from 1955 to 1974, numerous corporate boards, and the office of Lieutenant Governor from 1983 to 1990. Few individuals have served in a wider variety of leadership roles in Michigan, and none has had more of an impact on the issue of women's rights in our country. Over the course of her public service, she distinguished herself in all three branches of state government and as one of Michigan's most effective voices at the national level; and

Whereas, While any number of accomplishments could serve as her legacy, Martha Griffiths' impact in opening up opportunities for women will clearly endure. She fought in Congress to ensure women's rights in the landmark 1964 Civil Rights Act, and she championed the effort to gain support for the Equal Rights Amendment, which helped reshape expectations for an entire generation; now, therefore, be it

Resolved by the House of Representatives, That we offer this expression of our highest tribute to honor the memory of Martha Griffiths, former member of the House and the Congress of the United States and Lieutenant Governor; and be it further

Resolved, That copies of this resolution be transmitted to her family as evidence of the lasting respect held for her memory across Michigan.

The question being on the adoption of the resolution,

The resolution was adopted by unanimous standing vote.

______

The Speaker Pro Tempore resumed the Chair.

The Speaker laid before the House

House Concurrent Resolution No. 12.

A concurrent resolution approving the conveyance of property to the State Building Authority and approving a lease among the State of Michigan, the State Building Authority, and Delta College relative to the Delta College General Campus Renovations.

(For text of concurrent resolution, see House Journal No. 30, p. 381.)

(The concurrent resolution was introduced, Rule 77 suspended and postponed for the day on April 9, see House Journal No. 30, p. 381.)

The question being on the adoption of the concurrent resolution,

The Clerk made the following statement:

"Mr. Speaker and members of the House, the lease and exhibits attached to the resolution are available for review by the membership in the Clerk's office."

The question being on the adoption of the concurrent resolution,

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

Roll Call No. 87 Yeas--100

Accavitti Farrah Meisner Sheen

Acciavatti Gaffney Meyer Sheltrown

Adamini Garfield Middaugh Shulman

Amos Gieleghem Milosch Smith

Anderson Gillard Minore Spade

Bieda Gleason Moolenaar Stahl

Bisbee Hager Murphy Stakoe

Bradstreet Hood Newell Stallworth

Brandenburg Hopgood Nitz Steil

Brown Howell O'Neil Stewart

Byrum Huizenga Paletko Taub

Casperson Hummel Palmer Tobocman

Caswell Hune Palsrok Vagnozzi

Caul Hunter Pappageorge Van Regenmorter

Cheeks Jamnick Pastor Vander Veen

Clack Johnson, Rick Phillips Voorhees

Condino Johnson, Ruth Plakas Walker

Daniels Julian Pumford Ward

Dennis Koetje Richardville Waters

DeRossett Kolb Rivet Wenke

Drolet Kooiman Robertson Whitmer

Ehardt LaJoy Rocca Williams

Elkins LaSata Sak Wojno

Emmons Law Shackleton Woodward

Farhat Lipsey Shaffer Woronchak

Nays--0

In The Chair: Julian

______

Rep. Hardman entered the House Chambers.

Second Reading of Bills

House Bill No. 4285, entitled

A bill to amend 1980 PA 300, entitled "The public school employees retirement act of 1979," by amending section 4 (MCL 38.1304), as amended by 2002 PA 94, and by adding section 92.

Was read a second time, and the question being on the adoption of the proposed substitute (H-1) previously recommended by the Committee on Senior Health, Security and Retirement,

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

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

The motion prevailed.

Rep. Richardville 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. 4285, entitled

A bill to amend 1980 PA 300, entitled "The public school employees retirement act of 1979," by amending section 4 (MCL 38.1304), as amended by 2002 PA 94, and by adding section 92.

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

Roll Call No. 88 Yeas--104

Accavitti Garfield Meisner Shaffer

Acciavatti Gieleghem Meyer Sheen

Adamini Gillard Middaugh Sheltrown

Amos Gleason Milosch Shulman

Anderson Hager Minore Smith

Bieda Hardman Moolenaar Spade

Bisbee Hood Murphy Stahl

Bradstreet Hoogendyk Newell Stakoe

Brandenburg Hopgood Nitz Stallworth

Brown Howell Nofs Steil

Byrum Huizenga O'Neil Stewart

Casperson Hummel Paletko Taub

Caswell Hune Palmer Tobocman

Caul Hunter Palsrok Vagnozzi

Cheeks Jamnick Pappageorge Van Regenmorter

Clack Johnson, Rick Pastor Vander Veen

Condino Johnson, Ruth Phillips Voorhees

Daniels Julian Plakas Walker

Dennis Koetje Pumford Ward

DeRossett Kolb Reeves Waters

Drolet Kooiman Richardville Wenke

Ehardt LaJoy Rivet Whitmer

Elkins LaSata Robertson Williams

Farhat Law Rocca Wojno

Farrah Lipsey Sak Woodward

Gaffney McConico Shackleton Woronchak

Nays--0

In The Chair: Julian

The House agreed to the title of the bill.

Rep. Richardville 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. 4300, entitled

A bill to amend 1913 PA 380, entitled "An act to regulate gifts of real and personal property to cities, villages, townships, and counties, and the use of the those gifts; and to validate all such gifts made before the enactment of this act," by amending the title and section 2 (MCL 123.872), the title as amended and section 2 as added by 1985 PA 9.

Was read a second time, and the question being on the adoption of the proposed substitute (H-1) previously recommended by the Committee on Local Government and Urban Policy,

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

Rep. Jamnick moved to amend the bill as follows:

1. Amend page 2, line 10, after "approved" by inserting "by a vote of the people".

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

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

The motion prevailed.

Rep. Richardville 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. 4300, entitled

The bill was read a third time.

The question being on the passage of the bill,

Rep. Meyer moved that consideration of the bill be postponed temporarily.

The motion prevailed.

Second Reading of Bills

Senate Bill No. 239, entitled

A bill to amend 1851 PA 156, entitled "An act to define the powers and duties of the county boards of commissioners of the several counties, and to confer upon them certain local, administrative and legislative powers; and to prescribe penalties for the violation of the provisions of this act," by amending section 11 (MCL 46.11), as amended by 1998 PA 97.

Was read a second time, and the question being on the adoption of the proposed substitute (H-1) previously recommended by the Committee on Local Government and Urban Policy,

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

Rep. Jamnick moved to amend the bill as follows:

1. Amend page 7, line 12, after "approved" by inserting "by a vote of the people".

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

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

The motion prevailed.

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

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

By unanimous consent the House returned to the order of

Third Reading of Bills

Senate Bill No. 239, entitled

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

Roll Call No. 89 Yeas--96

Accavitti Gillard Meisner Sheltrown

Adamini Gleason Meyer Shulman

Amos Hager Middaugh Smith

Anderson Hardman Minore Spade

Bieda Hood Moolenaar Stahl

Bisbee Hoogendyk Murphy Stakoe

Brown Hopgood Newell Stallworth

Byrum Howell Nitz Steil

Casperson Huizenga Nofs Stewart

Caswell Hummel O'Neil Taub

Caul Hune Paletko Tobocman

Cheeks Hunter Palmer Vagnozzi

Clack Jamnick Palsrok Van Regenmorter

Condino Johnson, Rick Pappageorge Vander Veen

Daniels Johnson, Ruth Phillips Voorhees

Dennis Julian Plakas Walker

DeRossett Koetje Pumford Ward

Ehardt Kolb Reeves Waters

Elkins Kooiman Richardville Wenke

Emmons LaJoy Rivet Whitmer

Farhat LaSata Rocca Williams

Farrah Law Sak Wojno

Gaffney Lipsey Shackleton Woodward

Gieleghem McConico Shaffer Woronchak

Nays--9

Acciavatti Drolet Milosch Robertson

Bradstreet Garfield Pastor Sheen

Brandenburg

In The Chair: Julian

The House agreed to the title of the bill.

Rep. Richardville 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. 4324, entitled

Was read a second time, and the question being on the adoption of the proposed substitute (H-1) previously recommended by the Committee on Local Government and Urban Policy,

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

Rep. Jamnick moved to amend the bill as follows:

1. Amend page 7, line 12, after "approved" by inserting "by a vote of the people".

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

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

The motion prevailed.

Rep. Richardville 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. 4324, entitled

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

Roll Call No. 90 Yeas--95

Accavitti Gleason Meyer Shulman

Adamini Hager Middaugh Smith

Amos Hardman Minore Spade

Anderson Hood Moolenaar Stahl

Bieda Hoogendyk Murphy Stakoe

Bisbee Hopgood Newell Stallworth

Brown Howell Nitz Steil

Byrum Huizenga Nofs Stewart

Casperson Hummel O'Neil Taub

Caswell Hune Paletko Tobocman

Caul Hunter Palsrok Vagnozzi

Cheeks Jamnick Pappageorge Van Regenmorter

Clack Johnson, Rick Pastor Vander Veen

Condino Johnson, Ruth Phillips Voorhees

Daniels Julian Plakas Walker

Dennis Koetje Pumford Ward

DeRossett Kolb Reeves Waters

Elkins Kooiman Richardville Wenke

Emmons LaJoy Rivet Whitmer

Farhat LaSata Rocca Williams

Farrah Law Sak Wojno

Gaffney Lipsey Shackleton Woodward

Gieleghem McConico Shaffer Woronchak

Gillard Meisner Sheltrown

Nays--10

Acciavatti Drolet Milosch Robertson

Bradstreet Ehardt Palmer Sheen

Brandenburg Garfield

In The Chair: Julian

The House agreed to the title of the bill.

The House returned to the consideration of

House Bill No. 4300, entitled

(The bill was considered earlier today, see today's Journal p. 453.)

The question being on the passage of the bill,

The bill was then passed, a majority of the members serving voting therefor, by yeas and nays, as follows:

Roll Call No. 91 Yeas--93

Accavitti Gleason Meisner Sheltrown

Adamini Hager Meyer Shulman

Amos Hardman Middaugh Smith

Anderson Hood Minore Spade

Bieda Hoogendyk Moolenaar Stakoe

Bisbee Hopgood Murphy Stallworth

Brown Howell Newell Steil

Byrum Huizenga Nitz Stewart

Casperson Hummel Nofs Taub

Caswell Hune O'Neil Tobocman

Caul Hunter Paletko Vagnozzi

Cheeks Jamnick Palsrok Van Regenmorter

Clack Johnson, Rick Pappageorge Vander Veen

Condino Johnson, Ruth Pastor Voorhees

Daniels Julian Phillips Walker

Dennis Koetje Plakas Ward

DeRossett Kolb Pumford Waters

Elkins Kooiman Reeves Wenke

Emmons LaJoy Richardville Whitmer

Farhat LaSata Rocca Williams

Farrah Law Sak Wojno

Gaffney Lipsey Shackleton Woodward

Gieleghem McConico Shaffer Woronchak

Gillard

Nays--11

Acciavatti Drolet Milosch Sheen

Bradstreet Ehardt Palmer Stahl

Brandenburg Garfield Robertson

In The Chair: Julian

The House agreed to the title of the bill.

Rep. Richardville 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. 4299, entitled

A bill to amend 1911 PA 235, entitled "An act to provide for the payment and reimbursement by counties, in certain cases upon application therefor, of expenses incurred in the burial of the bodies of honorably discharged members of the armed forces of the United States, or their spouses, and to repeal certain acts or parts of acts," by amending section 1 (MCL 35.801).

Was read a second time, and the question being on the adoption of the proposed substitute (H-3) previously recommended by the Committee on Veterans Affairs and Homeland Security,

The substitute (H-3) was adopted, a majority of the members serving voting therefor.

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

The motion prevailed.

Rep. Richardville 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. 4299, entitled

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

Roll Call No. 92 Yeas--104

Accavitti Gaffney McConico Shaffer

Acciavatti Garfield Meisner Sheen

Adamini Gieleghem Meyer Sheltrown

Amos Gillard Middaugh Shulman

Anderson Gleason Milosch Smith

Bieda Hager Minore Spade

Bisbee Hardman Moolenaar Stahl

Bradstreet Hood Murphy Stakoe

Brandenburg Hoogendyk Newell Stallworth

Brown Hopgood Nitz Steil

Byrum Howell Nofs Stewart

Casperson Huizenga O'Neil Taub

Caswell Hummel Paletko Tobocman

Caul Hune Palmer Vagnozzi

Cheeks Hunter Palsrok Van Regenmorter

Clack Jamnick Pappageorge Vander Veen

Condino Johnson, Rick Pastor Voorhees

Daniels Johnson, Ruth Phillips Walker

Dennis Julian Plakas Ward

DeRossett Koetje Pumford Waters

Drolet Kolb Reeves Wenke

Ehardt Kooiman Richardville Whitmer

Elkins LaJoy Robertson Williams

Emmons LaSata Rocca Wojno

Farhat Law Sak Woodward

Farrah Lipsey Shackleton Woronchak

Nays--0

In The Chair: Julian

The House agreed to the title of the bill.

Rep. Richardville 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. 4556, entitled

A bill to amend 1967 PA 281, entitled "Income tax act of 1967," by amending section 110 (MCL 206.110), as amended by 1996 PA 484.

The bill was read a second time.

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

The motion prevailed.

Rep. Richardville 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. 4556, entitled

A bill to amend 1967 PA 281, entitled "Income tax act of 1967," by amending section 110 (MCL 206.110), as amended by 1996 PA 484.

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

Roll Call No. 93 Yeas--97

Accavitti Gieleghem Middaugh Sheen

Adamini Gillard Milosch Sheltrown

Amos Gleason Minore Shulman

Anderson Hager Moolenaar Spade

Bieda Hardman Murphy Stahl

Bisbee Hood Newell Stakoe

Bradstreet Hopgood Nitz Stallworth

Brown Howell Nofs Steil

Byrum Huizenga O'Neil Stewart

Casperson Hummel Paletko Taub

Caswell Hune Palmer Tobocman

Caul Hunter Palsrok Vagnozzi

Cheeks Jamnick Pappageorge Van Regenmorter

Clack Johnson, Rick Pastor Vander Veen

Condino Johnson, Ruth Phillips Voorhees

Daniels Julian Plakas Walker

Dennis Kolb Pumford Ward

DeRossett Kooiman Reeves Waters

Ehardt LaSata Richardville Wenke

Elkins Law Rivet Whitmer

Emmons Lipsey Rocca Williams

Farhat McConico Sak Wojno

Farrah Meisner Shackleton Woodward

Gaffney Meyer Shaffer Woronchak

Garfield

Nays--8

Acciavatti Drolet Koetje Robertson

Brandenburg Hoogendyk LaJoy Smith

In The Chair: Julian

The House agreed to the title of the bill.

Rep. Richardville 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 Family and Children Services, by Rep. Hager, Chair, reported

House Bill No. 4502, entitled

A bill to amend 1981 PA 230, entitled "Michigan economic and social opportunity act of 1981," by amending the title and sections 3, 4, 5, 6, 7, 8, 9, 10, and 11 (MCL 400.1103, 400.1104, 400.1105, 400.1106, 400.1107, 400.1108, 400.1109, 400.1110, and 400.1111), section 11 as amended by 1998 PA 76; and to repeal acts and parts of acts.

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 and laid over one day.

Favorable Roll Call

To Report Out:

Yeas: Reps. Hager, Stahl, Hart, Vander Veen, Voorhees, Sheen, Hardman, Clack and Elkins

Nays: None

COMMITTEE ATTENDANCE REPORT

The following report, submitted by Rep. Hager, Chair of the Committee on Family and Children Services, was received and read:

Meeting held on: Wednesday, April 30, 2003, at 3:35 p.m.

Present: Reps. Hager, Stahl, Hart, Vander Veen, Voorhees, Sheen, Hardman, Clack and Elkins

The Committee on Transportation, by Rep. DeRossett, Chair, reported

House Bill No. 4333, 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.

With the recommendation that the following amendment be adopted and that the bill then pass.

1. Amend page 2, line 5, after "than" by striking out "$150.00" and inserting "$100.00 or more than $250.00".

The bill and amendment were referred to the order of Second Reading of Bills and laid over one day.

Favorable Roll Call

To Report Out:

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

Nays: None

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Thursday, May 1, 2003, at 9:00 a.m.

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

Absent: Rep. DeRoche

Excused: Rep. DeRoche

The Committee on Appropriations, by Rep. Shulman, Chair, reported

House Bill No. 4388, entitled

A bill to make appropriations for community and junior colleges for the fiscal year ending September 30, 2004; and to provide for the expenditure of the appropriations.

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 and laid over one day.

Favorable Roll Call

To Report Out:

Yeas: Reps. Shulman, Emmons, Caul, Shackleton, Kooiman, Newell, Stewart, Acciavatti, Amos, Caswell, Farhat, Hoogendyk, Moolenaar, Pastor, Shaffer, Steil, Taub, Walker, Brandenburg, Whitmer, Brown, Kolb, Plakas, Reeves, Williams, Cheeks, Hunter, Paletko and Sak

Nays: Rep. Phillips

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Thursday, May 1, 2003, at 9:00 a.m.

Present: Reps. Shulman, Emmons, Caul, Pumford, Shackleton, Kooiman, Newell, Stewart, Acciavatti, Amos, Caswell, Farhat, Hoogendyk, Moolenaar, Pastor, Shaffer, Steil, Taub, Walker, Brandenburg, Whitmer, Brown, Kolb, Phillips, Plakas, Reeves, Williams, Cheeks, Hunter, Paletko and Sak

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Thursday, May 1, 2003, at 9:00 a.m.

Present: Reps. Voorhees, Stakoe, Dennis, Hood and Smith

Absent: Reps. Hart and LaSata

Excused: Reps. Hart and LaSata

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 on Thursday, May 1:

House Bill Nos. 4597 4598 4599 4600 4601 4602 4603 4604 4605

The Clerk announced that the following Senate bills had been received on Thursday, May 1:

Senate Bill Nos. 37 38 39 293 365 366 395

Communications from State Officers

The following communication from the Secretary of State was received and read:

Notice of Filing

Administrative Rules

March 24, 2003

In accordance with the provisions of Section 46(1) of Act 306, Public Acts of 1969, as amended, and Executive Order 1995-6 this is to advise you that the Office of Regulatory Reform, Legal Division filed at 1:55 P.M. this date, administrative rule (03-03-06) for the Department of Treasury, Bureau of State Lottery, entitled "Charitable Gaming", effective 7 days hereafter.

Sincerely,

Terri Lynn Land

Secretary of State

Elena L. Beasley, Manager

Office of the Great Seal

The communication was referred to the Clerk.

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

April 29, 2003

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

Financial Audit of the

Michigan Education Trust

October 1, 2001 through September 30, 2002

Sincerely,

Thomas H. McTavish, C.P.A.

Auditor General

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

Introduction of Bills

Reps. Koetje, Byrum, Lipsey, Tobocman, Howell and Drolet introduced

House Bill No. 4606, entitled

A bill to amend 1976 PA 388, entitled "Michigan campaign finance act," by amending section 6 (MCL 169.206), as amended by 1995 PA 264.

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

Reps. Koetje, Sheen, Caswell, Hoogendyk and Steil introduced

House Bill No. 4607, entitled

A bill to amend 1980 PA 299, entitled "Occupational code," (MCL 339.101 to 339.2721) by adding section 2413.

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

Rep. Koetje introduced

House Bill No. 4608, entitled

A bill to amend 1937 PA 103, entitled "An act to prescribe certain conditions relative to the execution of instruments entitled to be recorded in the office of the register of deeds," (MCL 565.201 to 565.203) by adding section 2a.

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

Rep. Julian introduced

House Bill No. 4609, entitled

A bill to amend 1995 PA 279, entitled "Horse racing law of 1995," by amending the title and sections 2, 8, 9, 10, 12, 16, 17, 23, and 25 (MCL 431.302, 431.308, 431.309, 431.310, 431.312, 431.316, 431.317, 431.323, and 431.325), sections 9, 10, and 12 as amended by 2000 PA 164 and section 17 as amended by 1998 PA 408, by adding a heading for article 1 and adding section 20a and articles 2 and 3.

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

Reps. Minore and Julian introduced

House Bill No. 4610, entitled

A bill to amend 1972 PA 239, entitled "McCauley-Traxler-Law-Bowman-McNeely lottery act," by amending the title and sections 3, 11, 23, and 32 (MCL 432.3, 432.11, 432.23, and 432.32), the title as amended by 1996 PA 95, sections 3, 11, and 23 as amended by 1996 PA 167, and section 32 as amended by 1996 PA 13, and by adding a heading for article 1 and adding article 2.

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

Reps. Hune and Julian introduced

House Bill No. 4611, entitled

A bill to amend 1927 PA 175, entitled "The code of criminal procedure," by amending section 14d of chapter XVII (MCL 777.14d), as added by 2002 PA 29.

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

Reps. Brown and Julian introduced

House Bill No. 4612, entitled

A bill to amend the Initiated Law of 1996, entitled "Michigan gaming control and revenue act," by amending section 9b (MCL 432.209b), as added by 1997 PA 69.

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

Reps. Hopgood and Law introduced

House Bill No. 4613, entitled

A bill to amend 2001 PA 181, entitled "An act to authorize the board of a school district to award high school diplomas to World War II veterans under certain circumstances; and to prescribe duties and responsibilities of certain state officers and officials," by amending the title and section 1 (MCL 35.341).

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

Reps. Tobocman, Condino, Meisner, Drolet, Woodward, McConico, Byrum, Whitmer and Kolb introduced

House Bill No. 4614, entitled

A bill to amend 1931 PA 328, entitled "The Michigan penal code," by repealing sections 338, 338a, and 338b (MCL 750.338, 750.338a, and 750.338b).

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

Reps. Tobocman, Meisner, Drolet, Woodward, McConico, Byrum, Kolb and Whitmer introduced

House Bill No. 4615, entitled

A bill to amend 1927 PA 175, entitled "The code of criminal procedure," by amending section 16q of chapter XVII (MCL 777.16q), as amended by 2002 PA 261.

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

Reps. Tobocman, Smith, Condino, Meisner, Vagnozzi, Drolet, Hopgood, Minore, Elkins, Ward, Woodward, McConico, Byrum, Kolb and Whitmer introduced

House Bill No. 4616, entitled

A bill to amend 1931 PA 328, entitled "The Michigan penal code," by repealing sections 32, 102, 103, 335, and 337 (MCL 750.32, 750.102, 750.103, 750.335, and 750.337).

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

Reps. Tobocman, Smith, Meisner, Vagnozzi, Drolet, Hopgood, Minore, Elkins, Ward, Woodward, McConico, Byrum, Kolb and Whitmer introduced

House Bill No. 4617, entitled

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

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

Rep. Williams introduced

House Bill No. 4618, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending sections 3104, 30104, 30109, 32312, and 32513 (MCL 324.3104, 324.30104, 324.30109, 324.32312, and 324.32513), as amended by 1999 PA 106.

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

Rep. Brown introduced

House Bill No. 4619, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending sections 2505 and 3115 (MCL 324.2505 and 324.3115), section 2505 as added by 1995 PA 60, and by adding sections 3120, 3121, and 3122.

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

Rep. Minore introduced

House Bill No. 4620, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending sections 2129 and 2150 (MCL 324.2129 and 324.2150), section 2129 as added by 1995 PA 60 and section 2150 as amended by 1996 PA 585, and by amending the heading to subpart 13 of part 21; and to repeal acts and parts of acts.

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

Rep. Cheeks introduced

House Bill No. 4621, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending sections 81101, 81115, 81116, 81117, 81125, and 81129 (MCL 324.81101, 324.81115, 324.81116, 324.81117, 324.81125, and 324.81129), section 81101 as amended by 1998 PA 86, sections 81115, 81117, 81125, and 81129 as added by 1995 PA 58, and section 81116 as amended by 1995 PA 99; and to repeal acts and parts of acts.

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

Rep. Williams introduced

House Bill No. 4622, entitled

A bill to amend 1949 PA 300, entitled "Michigan vehicle code," by amending sections 306, 312b, 312c, 314b, 801, and 811a (MCL 257.306, 257.312b, 257.312c, 257.314b, 257.801, and 257.811a), section 306 as amended by 2002 PA 534, section 312b as amended by 2000 PA 456, section 312c as amended by 1996 PA 345, section 314b as amended by 1991 PA 99, section 801 as amended by 2002 PA 417, and section 811a as amended by 1992 PA 59; and to repeal acts and parts of act.

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

Reps. Palmer, Brandenburg, O'Neil, Spade, Milosch, Sheen, Pastor, Farhat, LaJoy, Newell, Hummel, Caswell, Nitz, Pappageorge, Rocca, Hoogendyk and DeRossett introduced

House Bill No. 4623, entitled

A bill to amend 1931 PA 328, entitled "The Michigan penal code," (MCL 750.1 to 750.568) by adding section 90h.

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

Rep. Palmer introduced

House Bill No. 4624, entitled

A bill to amend 1927 PA 175, entitled "The code of criminal procedure," by amending section 16d of chapter XVII (MCL 777.16d), as amended by 2002 PA 269.

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

By unanimous consent the House returned to the order of

Second Reading of Bills

House Bill No. 4557, entitled

A bill to amend 1967 PA 281, entitled "Income tax act of 1967," by amending section 4 (MCL 206.4).

The bill was read a second time.

Rep. Koetje moved to amend the bill as follows:

1. Amend page 1, line 4, after "includes," by striking out the balance of the subsection and inserting "and is limited to the following:".

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

Rep. O'Neil demanded the yeas and nays.

The demand was supported.

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

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

Roll Call No. 94 Yeas--57

Acciavatti Hoogendyk Milosch Shaffer

Bisbee Howell Moolenaar Sheen

Bradstreet Huizenga Newell Shulman

Brandenburg Hummel Nitz Stahl

Casperson Hune Nofs Steil

Caswell Johnson, Rick Palmer Stewart

Caul Johnson, Ruth Palsrok Taub

DeRossett Julian Pappageorge Van Regenmorter

Drolet Koetje Pastor Vander Veen

Ehardt Kooiman Pumford Voorhees

Emmons LaJoy Richardville Walker

Farhat LaSata Robertson Ward

Gaffney Meyer Rocca Wenke

Garfield Middaugh Shackleton Woronchak

Hager

Nays--47

Accavitti Farrah McConico Smith

Adamini Gieleghem Meisner Spade

Anderson Gillard Minore Stakoe

Bieda Gleason Murphy Stallworth

Brown Hardman O'Neil Tobocman

Byrum Hood Paletko Vagnozzi

Cheeks Hopgood Phillips Waters

Clack Hunter Plakas Whitmer

Condino Jamnick Reeves Williams

Daniels Kolb Rivet Wojno

Dennis Law Sak Woodward

Elkins Lipsey Sheltrown

In The Chair: Julian

Rep. Taub moved to amend the bill as follows:

1. Amend page 2, following line 7, by inserting:

"(3) Not later than 2 years after the effective date of the amendatory act that added subsection (2)(b), the department shall report the impact of the amendatory act that added subsection (2)(b) on the tax liability under this act of resident and nonresident taxpayers to the house tax policy committee and the senate finance committee.".

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

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

The motion prevailed.

Rep. Richardville 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. 4557, entitled

A bill to amend 1967 PA 281, entitled "Income tax act of 1967," by amending section 4 (MCL 206.4).

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

Roll Call No. 95 Yeas--71

Accavitti Gillard Minore Shulman

Adamini Gleason Moolenaar Smith

Anderson Hardman Murphy Spade

Bieda Hood Nitz Stallworth

Bisbee Hopgood O'Neil Taub

Brown Howell Paletko Tobocman

Byrum Huizenga Palmer Vagnozzi

Cheeks Hunter Pappageorge Vander Veen

Clack Jamnick Phillips Voorhees

Condino Johnson, Rick Plakas Ward

Daniels Julian Pumford Waters

Dennis Kolb Reeves Wenke

DeRossett Kooiman Richardville Whitmer

Elkins Law Rivet Williams

Emmons Lipsey Rocca Wojno

Farrah McConico Sak Woodward

Garfield Meisner Shackleton Woronchak

Gieleghem Middaugh Sheltrown

Nays--34

Acciavatti Farhat LaSata Shaffer

Amos Gaffney Meyer Sheen

Bradstreet Hager Milosch Stahl

Brandenburg Hoogendyk Newell Stakoe

Casperson Hummel Nofs Steil

Caswell Hune Palsrok Stewart

Caul Johnson, Ruth Pastor Van Regenmorter

Drolet Koetje Robertson Walker

Ehardt LaJoy

In The Chair: Julian

The House agreed to the title of the bill.

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

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

Second Reading of Bills

Rep. Richardville moved that Rule 48 be suspended.

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

House Bill No. 4388, entitled

A bill to make appropriations for community and junior colleges for the fiscal year ending September 30, 2004; and to provide for the expenditure of the appropriations.

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. Nofs moved to amend the bill as follows:

1. Amend page 3 by striking out all of line 18 and adjusting the subtotals, totals, and section 201 accordingly.

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

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

The motion prevailed.

Rep. Richardville 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. 4388, entitled

A bill to make appropriations for community and junior colleges for the fiscal year ending September 30, 2004; and to provide for the expenditure of the appropriations.

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

Roll Call No. 96 Yeas--105

Accavitti Garfield Meisner Shaffer

Acciavatti Gieleghem Meyer Sheen

Adamini Gillard Middaugh Sheltrown

Amos Gleason Milosch Shulman

Anderson Hager Minore Smith

Bieda Hardman Moolenaar Spade

Bisbee Hood Murphy Stahl

Bradstreet Hoogendyk Newell Stakoe

Brandenburg Hopgood Nitz Stallworth

Brown Howell Nofs Steil

Byrum Huizenga O'Neil Stewart

Casperson Hummel Paletko Taub

Caswell Hune Palmer Tobocman

Caul Hunter Palsrok Vagnozzi

Cheeks Jamnick Pappageorge Van Regenmorter

Clack Johnson, Rick Pastor Vander Veen

Condino Johnson, Ruth Phillips Voorhees

Daniels Julian Plakas Walker

Dennis Koetje Pumford Ward

DeRossett Kolb Reeves Waters

Drolet Kooiman Richardville Wenke

Ehardt LaJoy Rivet Whitmer

Elkins LaSata Robertson Williams

Emmons Law Rocca Wojno

Farhat Lipsey Sak Woodward

Farrah McConico Shackleton Woronchak

Gaffney

Nays--0

In The Chair: Julian

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

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

A bill to make appropriations for community colleges and certain state purposes related to education for the fiscal year ending September 30, 2004; to provide for the expenditure of those appropriations; to establish or continue certain funds, programs, and categories; and to prescribe the powers and duties of certain state departments, institutions, agencies, employees, and officers.

The motion prevailed.

The House agreed to the title as amended.

Rep. Richardville 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. 4511, entitled

A bill to amend 1969 PA 306, entitled "Administrative procedures act of 1969," by amending sections 45 and 45a (MCL 24.245 and 24.245a), section 45 as amended and section 45a as added by 1999 PA 262.

The bill was read a second time.

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

The motion prevailed.

Rep. Richardville 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. 4511, entitled

A bill to amend 1969 PA 306, entitled "Administrative procedures act of 1969," by amending sections 45 and 45a (MCL 24.245 and 24.245a), section 45 as amended and section 45a as added by 1999 PA 262.

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

Roll Call No. 97 Yeas--60

Acciavatti Hager Milosch Shaffer

Amos Hoogendyk Moolenaar Sheen

Bisbee Howell Newell Shulman

Bradstreet Huizenga Nitz Stahl

Brandenburg Hummel Nofs Stakoe

Casperson Hune Palmer Steil

Caswell Johnson, Rick Palsrok Stewart

Caul Johnson, Ruth Pappageorge Taub

DeRossett Julian Pastor Van Regenmorter

Drolet Koetje Pumford Vander Veen

Ehardt Kooiman Richardville Voorhees

Emmons LaJoy Rivet Walker

Farhat LaSata Robertson Ward

Gaffney Meyer Rocca Wenke

Garfield Middaugh Shackleton Woronchak

Nays--45

Accavitti Farrah Lipsey Sheltrown

Adamini Gieleghem McConico Smith

Anderson Gillard Meisner Spade

Bieda Gleason Minore Stallworth

Brown Hardman Murphy Tobocman

Byrum Hood O'Neil Vagnozzi

Cheeks Hopgood Paletko Waters

Clack Hunter Phillips Whitmer

Condino Jamnick Plakas Williams

Daniels Kolb Reeves Wojno

Dennis Law Sak Woodward

Elkins

In The Chair: Julian

The House agreed to the title of the bill.

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

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

Reps. Tobocman, Woodward and Gleason moved that their names be removed as co-sponsors of the bill.

The motion prevailed.

______

Rep. Richardville 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, Garfield, Rivet, Minore, Smith, Anderson, Julian, Byrum, Farrah, Hunter, Gleason, Sheltrown, Elkins, Gieleghem, Paletko, Cheeks, Bieda, Wojno, Condino, Gillard, Waters, Clack, Stallworth, Meisner, Vagnozzi, Spade, Law, Richardville, Meyer, Middaugh, Hune, Woodward, Woronchak, LaSata, Rocca, Ehardt, Hummel, Nofs, Phillips and Hardman offered the following resolution:

House Resolution No. 49.

A resolution to memorialize the United States Congress and the President to support an amendment to the Homeland Security Block Grant Act of 2003 to provide additional funds to the states for homeland security.

Whereas, Law enforcement in the United States has traditionally relied on state and local efforts, and federal law enforcement has stepped in only when criminals crossed state lines or in issues of national importance. For two centuries, this decentralized method of ensuring peace, tranquility, and public safety has served our people well; and

Whereas, The September 11th attacks have thrust new responsibilities and costs onto our state and local governments. Terrorist threats to our airports, power plants, water and food supplies, bridges, and other assets have made us realize how vulnerable we are to those whose preferred method of attack is against helpless and innocent civilians. With our country a potential battlefield as terrorists seek to strike our citizens where they are most vulnerable, we must adapt our usual methods to cope with our new security environment; and

Whereas, National defense is the primary responsibility of the federal government. Although state and local governments are willing to fulfill their responsibilities, they lack the financial means to match their dedication. Only the federal government can assess the new and amorphous threats, coordinate our joint efforts, and provide the funds to adequately defend the American people from terrorism; and

Whereas, The United States Congress now has legislation before it to fund homeland security, S. 87, the Homeland Security Block Grant Act of 2003. This bill, however, does not provide adequate levels of financial assistance. A proposed amendment to S. 87 to increase the block grants to $9 billion will give our state and local governments the financial resources needed to ensure homeland security. With this amendment, S. 87 will allow us to forge a strong tie between our federal government and our state and local governments as we fight a common foe; now, therefore, be it

Resolved by the House of Representatives, That we memorialize the United States Congress and the President to support an amendment to the Homeland Security Block Grant Act of 2003 to provide additional funds to the states for homeland security; and be it further

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

The resolution was referred to the Committee on Veterans Affairs and Homeland Security.

Reps. Drolet, Woronchak, Hart, Bradstreet, Van Regenmorter, Stakoe, Milosch, Acciavatti, Robertson, Shaffer, LaJoy, Spade, Koetje, Hummel, Caswell, Ward, Moolenaar, Hoogendyk, Bisbee, Sheltrown, Shackleton, Nitz, Hager, Nofs, Shulman, Stewart, Kooiman, Ehardt, Pastor, Bieda, Garfield, Rocca, Ruth Johnson, Sheen, Middaugh, Emmons, Huizenga, Farhat, Voorhees, Vander Veen, Pappageorge, Pumford, DeRoche, Hune, Palsrok, Brandenburg, Stahl, Wojno, Reeves, Sak, O'Neil, Wenke, Amos, Richardville, Palmer, Steil, Caul, Taub, Plakas, Paletko, Julian, Casperson, Gaffney, Gleason, Walker, Newell, Rivet, Brown and DeRossett offered the following resolution:

House Resolution No. 50.

A resolution to memorialize the Congress of the United States to enact legislation to ban partial birth abortion.

Whereas, We affirm that life is inherently good and precious; and

Whereas, The Declaration of Independence guarantees the right to life to every human being; and

Whereas, Children are recognized as the most innocent among us; and

Whereas, The primary purpose of government is the defense of the unalienable rights of all human beings; and

Whereas, The state has a compelling interest in protecting the life and liberty of all its citizens, including those moments away from leaving the womb; and

Whereas, Partial birth abortion is a particularly gruesome form of abortion; and

Whereas, The difference between an unprotected fetus and a legally protected baby is merely the environment in which the fetus's head resides; and

Whereas, At the time of the abortion the fetus is fully formed and capable of sustaining life independent of its mother; and

Whereas, Physicians have testified that the fetus's arms and legs are flailing until that moment in which the procedure is performed; and

Whereas, Many doctors have testified to the fact that there is no medical justification for partial birth abortion; and

Whereas, Legislators from both major political parties have publicly stated that partial birth abortion is near infanticide. Indeed, people from all walks of life consider partial birth abortion to be unethical and immoral and wish it to be banned; and

Whereas, A great majority of Michigan residents support a ban on the procedure known as partial birth abortion; now, therefore, be it

Resolved by the House of Representatives, That we memorialize the Congress of the United States to enact legislation to ban partial birth abortion; and be it further

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

The resolution was referred to the Committee on Family and Children Services.

Reps. Meyer, Rivet, Sheltrown, Gillard, Elkins, Adamini, Brown, Rick Johnson, Julian, Newell, Spade, Farrah, Sak, McConico, Minore, Kolb, Meisner, Ehardt, Hune, Phillips, Hager, Richardville, Bieda, O'Neil, Bradstreet, Casperson, DeRossett, Farhat, Garfield, Gleason, Hopgood, Howell, Jamnick, Law, Middaugh, Nitz, Paletko, Shulman, Stahl, Stewart, Vander Veen and Voorhees offered the following resolution:

House Resolution No. 51.

A resolution to urge the United States Secretary of Agriculture, the United States Trade Representative, and the President of the United States to take actions to enforce NAFTA agreements and work with Mexican authorities to reopen the border with Mexico to shipments of dry beans.

Whereas, In January 2003, border officials in Mexico closed the border to shipments of dry beans. No notice or reason was provided, although Mexican authorities have subsequently made references to problems with "under invoicing." In the meantime, dozens of rail cars loaded with dry beans sit at the border, awaiting resolution of the dispute; and

Whereas, The rail cars of crops, which face ruin if much more time passes, represent a potentially devastating loss to American farmers and suppliers. The costs rise every day. The losses reach far beyond growers to shippers and owners of equipment as well. United States growers have also been frustrated by reports that Mexico may permit shipments of Canadian crops to cross the border; and

Whereas, The United States continues to import tons of various crops from Mexico every day in the midst of this inexplicable embargo. The damage that this impasse may ultimately cause could extend far beyond the rail cars sitting idle at the border. Growers making decisions on what to plant now may well turn to other crops; and

Whereas, Disruption in trade between our two countries is much more than frustrating to a specific segment of American agriculture. Without a just and quick resolution of this problem, the progress that has been made in opening up markets may be jeopardized as well; now, therefore, be it

Resolved by the House of Representatives, That we urge the United States Secretary of Agriculture, the United States Trade Representative, and the President of the United States to take actions to enforce NAFTA agreements and work with Mexican authorities to reopen the border with Mexico to the shipment of dry beans; and be it further

Resolved, That copies of this resolution be transmitted to the United States Secretary of Agriculture, the United States Trade Representative, and the Office of the President of the United States.

The resolution was referred to the Committee on Agriculture and Resource Management.

Reps. Rivet, Meyer, Sheltrown, Gillard, Elkins, Adamini, Brown, Rick Johnson, Julian, Newell, Spade, Farrah, Sak, McConico, Minore, Kolb, Meisner, Ehardt, Hune, Phillips, Hager, Richardville, O'Neil, Bieda, Accavitti, Anderson, Bradstreet, Casperson, DeRossett, Farhat, Garfield, Gleason, Hopgood, Jamnick, Law, Lipsey, Middaugh, Nitz, Paletko and Stahl offered the following concurrent resolution:

House Concurrent Resolution No. 13.

A concurrent resolution to urge the United States Secretary of Agriculture, the United States Trade Representative, and the President of the United States to take actions to enforce NAFTA agreements and work with Mexican authorities to reopen the border with Mexico to shipments of dry beans.

Resolved by the House of Representatives (the Senate concurring), That we urge the United States Secretary of Agriculture, the United States Trade Representative, and the President of the United States to take actions to enforce NAFTA agreements and work with Mexican authorities to reopen the border with Mexico to the shipment of dry beans; and be it further

Resolved, That copies of this resolution be transmitted to the United States Secretary of Agriculture, the United States Trade Representative, and the Office of the President of the United States.

The concurrent resolution was referred to the Committee on Agriculture and Resource Management.

Messages from the Senate

Senate Bill No. 37, entitled

A bill to amend 1968 PA 251, entitled "Cemetery regulation act," by amending section 16 (MCL 456.536), as amended by 1982 PA 132.

The Senate has passed the bill.

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

Senate Bill No. 38, entitled

A bill to amend 1869 PA 12, entitled "An act to authorize and encourage the formation of corporations to establish rural cemeteries; to provide for the care and maintenance thereof; to provide for the revision and codification of the laws relating to cemeteries, mausoleums, crypts, vaults, crematoriums, and other means of disposing of the dead; to make an appropriation therefor; and to impose certain duties upon the department of commerce," by amending section 7a (MCL 456.107a).

The Senate has passed the bill.

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

Senate Bill No. 39, entitled

A bill to amend 1855 PA 87, entitled "An act relative to burying grounds; and to impose certain duties upon the department of commerce," by amending sections 35 and 35a (MCL 456.35 and 456.35a).

The Senate has passed the bill.

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

Senate Bill No. 293, entitled

A bill to amend 1929 PA 152, entitled "An act to provide for the state-owned and operated Michigan public safety communications system for police and public safety purposes; to provide for acquisition, construction, implementation, operation, and maintenance of the property and equipment necessary to operate the system; and to prescribe the powers and duties of certain state agencies and officials," by amending section 3 (MCL 28.283), as amended by 1996 PA 538.

The Senate has passed the bill.

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

Senate Bill No. 365, entitled

A bill to amend 1979 PA 94, entitled "The state school aid act of 1979," by amending section 94a (MCL 388.1694a), as amended by 2002 PA 521.

The Senate has passed the bill.

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

Senate Bill No. 366, entitled

A bill to amend 1976 PA 451, entitled "The revised school code," by amending sections 1526, 1526a, and 1527 (MCL 380.1526, 380.1526a, and 380.1527), section 1526 as amended and section 1527 as added by 1995 PA 289 and section 1526a as added by 1996 PA 159.

The Senate has passed the bill.

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

Senate Bill No. 395, entitled

A bill to define legal birth and the commencing of legal personhood and rights; and to provide immunity for certain acts.

The Senate has passed the bill.

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

Rep. Hager moved that the House adjourn.

The motion prevailed, the time being 1:20 p.m.

The Speaker Pro Tempore declared the House adjourned until Tuesday, May 6, at 1:00 p.m.

GARY L. RANDALL

Clerk of the House of Representatives