No. 38
STATE OF MICHIGAN
JOURNAL
OF THE
House of Representatives
92nd Legislature
REGULAR SESSION OF 2003
House Chamber, Lansing, Tuesday, May 13, 2003.
1:00 p.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--present | Moolenaar--present | Stahl--present |
| Bisbee--present | Hart--present | Murphy--present | Stakoe--present |
| Bradstreet--present | Hood--present | Newell--present | Stallworth--excused |
| Brandenburg--present | Hoogendyk--present | Nitz--present | Steil--present |
| Brown--present | Hopgood--present | Nofs--present | Stewart--present |
| Byrum--present | Howell--present | O'Neil--present | Tabor--present |
| 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--present | 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. Scott Hummel, from the 93rd District, offered the following invocation:
"O Lord, You are greatly to be praised and Your greatness is unsearchable. Lord, Your thoughts are above our thoughts. Your ways are beyond even our comprehension. We don't always understand, but Lord, I know that when we ask, You will give us what we need to carry out the responsibilities that You've entrusted us with. Lord, we ask today, we ask for wisdom. Lord, we ask for Your presence. Guide us, to enlighten us, to help us fulfill the responsibilities You've entrusted to us through the people of this state. Lord, thank You for this opportunity to do Your will. We do give You the praise and we do say You are great. Amen."
______
Rep. Waters moved that Rep. Stallworth be excused from today's session.
The motion prevailed.
Rep. Waters moved that Rep. Zelenko be excused from this week's session.
The motion prevailed.
Second Reading of Bills
House Bill No. 4396, entitled
A bill to make appropriations for the state institutions of higher education for the fiscal year ending September 30, 2004; and to provide for the expenditures 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. Bieda moved to amend the bill as follows:
1. Amend page 1, line 1, by striking out all of part 1 and inserting:
"PART 1
LINE-ITEM APPROPRIATIONS
Sec. 101. Subject to the conditions set forth in this act, the amounts listed in this part are appropriated for higher education for the fiscal year ending September 30, 2004, from the funds indicated in this part. The following is a summary of the appropriations in this part:
HIGHER EDUCATION
Full-time equated classified positions 1.0
GROSS APPROPRIATION $ 1,775,437,000
Interdepartmental grant revenues:
| Total interdepartmental grants and intradepartmental transfers | $ | 0 |
| ADJUSTED GROSS APPROPRIATION | $ | 1,775,437,000 |
Appropriated from:
Federal revenues:
Total federal revenues 4,400,000
Special revenue funds:
Total other state restricted revenues 138,350,000
State general fund/general purpose $ 1,632,687,000
Sec. 102. CENTRAL MICHIGAN UNIVERSITY
| Operations | $ | 81,003,300 |
| GROSS APPROPRIATION | $ | 81,003,300 |
Appropriated from:
State general fund/general purpose $ 81,003,300
Sec. 103. EASTERN MICHIGAN UNIVERSITY
| Operations | $ | 78,873,300 |
| GROSS APPROPRIATION | $ | 78,873,300 |
Appropriated from:
State general fund/general purpose $ 78,873,300
Sec. 104. FERRIS STATE UNIVERSITY
| Operations | $ | 49,968,200 |
| GROSS APPROPRIATION | $ | 49,968,200 |
Appropriated from:
State general fund/general purpose $ 49,968,200
Sec. 105. GRAND VALLEY STATE UNIVERSITY
| Operations | $ | 54,085,800 |
| GROSS APPROPRIATION | $ | 54,085,800 |
Appropriated from:
State general fund/general purpose $ 54,085,800
Sec. 106. LAKE SUPERIOR STATE UNIVERSITY
| Operations | $ | 12,841,800 |
| GROSS APPROPRIATION | $ | 12,841,800 |
Appropriated from:
State general fund/general purpose $ 12,841,800
Sec. 107. MICHIGAN STATE UNIVERSITY
| Operations | $ | 293,383,700 |
| GROSS APPROPRIATION | $ | 293,383,700 |
Appropriated from:
State general fund/general purpose $ 293,383,700
Sec. 108. MICHIGAN TECHNOLOGICAL UNIVERSITY
| Operations | $ | 49,717,400 |
| GROSS APPROPRIATION | $ | 49,717,400 |
Appropriated from:
State general fund/general purpose $ 49,717,400
Sec. 109. NORTHERN MICHIGAN UNIVERSITY
| Operations | $ | 46,811,500 |
| GROSS APPROPRIATION | $ | 46,811,500 |
Appropriated from:
State general fund/general purpose $ 46,811,500
Sec. 110. OAKLAND UNIVERSITY
| Operations | $ | 47,146,100 |
| GROSS APPROPRIATION | $ | 47,146,100 |
Appropriated from:
State general fund/general purpose $ 47,146,100
Sec. 111. SAGINAW VALLEY STATE UNIVERSITY
| Operations | $ | 24,653,900 |
| GROSS APPROPRIATION | $ | 24,653,900 |
Appropriated from:
State general fund/general purpose $ 24,653,900
Sec. 112. UNIVERSITY OF MICHIGAN-ANN ARBOR
| Operations | $ | 327,206,100 |
| GROSS APPROPRIATION | $ | 327,206,100 |
Appropriated from:
State general fund/general purpose $ 327,206,100
Sec. 113. UNIVERSITY OF MICHIGAN-DEARBORN
| Operations | $ | 25,193,900 |
| GROSS APPROPRIATION | $ | 25,193,900 |
Appropriated from:
State general fund/general purpose $ 25,193,900
Sec. 114. UNIVERSITY OF MICHIGAN-FLINT
| Operations | $ | 21,661,300 |
| GROSS APPROPRIATION | $ | 21,661,300 |
Appropriated from:
State general fund/general purpose $ 21,661,300
Sec. 115. WAYNE STATE UNIVERSITY
Operations $ 228,279,900
GROSS APPROPRIATION . $ 228,279,900
Appropriated from:
State general fund/general purpose $ 228,279,900
Sec. 116. WESTERN MICHIGAN UNIVERSITY
| Operations | $ | 113,109,300 |
| GROSS APPROPRIATION | $ | 113,109,300 |
Appropriated from:
State general fund/general purpose $ 113,109,300
Sec. 117. STATE AND REGIONAL PROGRAMS
Full-time equated classified positions 1.0
Agricultural experiment station . $ 33,163,800
Cooperative extension service . 28,604,300
Japan center for Michigan universities 150,000
Higher education database maintenance and enhancement--1.0 FTE position 200,000
Midwestern higher education compact 82,500
GROSS APPROPRIATION . $ 62,200,600
Appropriated from:
State general fund/general purpose $ 62,200,600
Sec. 118. MARTIN LUTHER KING, JR. - CESAR CHAVEZ - ROSA PARKS
PROGRAM
Select student supportive services $ 1,956,100
Michigan college/university partnership program 586,800
Morris Hood, Jr. educator development program 148,600
GROSS APPROPRIATION . $ 2,691,500
Appropriated from:
State general fund/general purpose $ 2,691,500
Sec. 119. GRANTS AND FINANCIAL AID
| State competitive scholarships | $ | 35,993,500 | ||
| Tuition grants | 64,447,700 | |||
| Michigan work-study program | . | 9,547,900 | ||
| Dental clinics grant | 4,547,000 | |||
| Michigan education opportunity grants | . | 2,223,300 | ||
| Robert C. Byrd honors scholarship program | . | 1,500,000 | ||
| Nursing scholarship program | . | 4,000,000 | ||
| Michigan merit award program | 125,100,000 | |||
| Tuition incentive program | . | 9,250,000 | ||
| GROSS APPROPRIATION | . | $ | 256,609,400 | |
Appropriated from:
Federal revenues:
Higher education act of 1965, title IV, 20 U.S.C. 2,900,000
Higher education act of 1965, title IV, part A 1,500,000
Special revenue funds:
Michigan merit award trust fund . 138,350,000
State general fund/general purpose . $ 113,859,400".
The question being on the adoption of the amendment offered by Rep. Bieda,
Rep. Bieda demanded the yeas and nays.
The demand was supported.
The question being on the adoption of the amendment offered by Rep. Bieda,
The amendment was not adopted, a majority of the members serving not voting therefor, by yeas and nays, as follows:
Roll Call No. 120 Yeas--46
| Accavitti | Farrah | Lipsey | Sak |
| Adamini | Gaffney | McConico | Sheltrown |
| Anderson | Gieleghem | Meisner | Smith |
| Bieda | Gillard | Minore | Spade |
| Brown | Gleason | Murphy | Tobocman |
| Byrum | Hardman | O'Neil | Vagnozzi |
| Cheeks | Hood | Paletko | Waters |
| Clack | Hopgood | Phillips | Whitmer |
| Condino | Hunter | Plakas | Williams |
| Daniels | Jamnick | Reeves | Wojno |
| Dennis | Kolb | Rivet | Woodward |
Elkins Law
Nays--61
| Acciavatti | Hart | Milosch | Sheen |
| Amos | Hoogendyk | Moolenaar | Shulman |
| Bisbee | Howell | Newell | Stahl |
| Bradstreet | Huizenga | Nitz | Stakoe |
| Brandenburg | Hummel | Nofs | Steil |
| Casperson | Hune | Palmer | Stewart |
| Caswell | Johnson, Rick | Palsrok | Tabor |
| Caul | Johnson, Ruth | Pappageorge | Taub |
| DeRoche | Julian | Pastor | Van Regenmorter |
| DeRossett | Koetje | Pumford | Vander Veen |
| Drolet | Kooiman | Richardville | Voorhees |
| Ehardt | LaJoy | Robertson | Walker |
| Emmons | LaSata | Rocca | Ward |
| Farhat | Meyer | Shackleton | Wenke |
| Garfield | Middaugh | Shaffer | Woronchak |
Hager
In The Chair: Julian
Rep. Kolb moved to amend the bill as follows:
1. Amend page 6, line 7, by striking out "125,100,000" and inserting "65,100,000".
2. Amend page 6, line 9, by striking out "252,609,400" and inserting "192,609,400".
3. Amend page 6, line 15, by striking out "138,350,000" and inserting "78,350,000" and adjusting the subtotals, totals, and section 201 accordingly.
4. Amend page 12, line 17, by striking out all of section 305 and inserting:
"Sec. 305. The sums appropriated in part 1 for the Michigan merit award program are payable for qualifying students from the high school graduating classes of 2000 through 2003. Students from high school graduating classes beginning with the graduating class of 2004 shall have their Michigan merit awards paid equally over 4 academic years from the state fiscal year appropriation for the Michigan merit award program that begins in the academic year for which the student requests payment.".
The question being on the adoption of the amendments offered by Rep. Kolb,
Rep. Kolb demanded the yeas and nays.
The demand was supported.
The question being on the adoption of the amendments offered by Rep. Kolb,
The amendments were not adopted, a majority of the members serving not voting therefor, by yeas and nays, as follows:
Roll Call No. 121 Yeas--42
| Accavitti | Elkins | Law | Rivet |
| Adamini | Farrah | Lipsey | Sak |
| Anderson | Gieleghem | McConico | Sheltrown |
| Bieda | Gillard | Meisner | Smith |
| Brown | Gleason | Minore | Spade |
| Byrum | Hardman | Murphy | Vagnozzi |
| Cheeks | Hood | O'Neil | Waters |
| Clack | Hopgood | Phillips | Whitmer |
| Condino | Hunter | Plakas | Williams |
| Daniels | Jamnick | Reeves | Wojno |
Dennis Kolb
Nays--62
| Acciavatti | Hager | Moolenaar | Sheen |
| Amos | Hoogendyk | Newell | Shulman |
| Bisbee | Howell | Nitz | Stahl |
| Bradstreet | Huizenga | Nofs | Stakoe |
| Brandenburg | Hummel | Paletko | Steil |
| Casperson | Hune | Palmer | Stewart |
| Caswell | Johnson, Rick | Palsrok | Tabor |
| Caul | Johnson, Ruth | Pappageorge | Taub |
| DeRoche | Julian | Pastor | Van Regenmorter |
| DeRossett | Koetje | Pumford | Vander Veen |
| Drolet | Kooiman | Richardville | Voorhees |
| Ehardt | LaJoy | Robertson | Walker |
| Emmons | LaSata | Rocca | Ward |
| Farhat | Meyer | Shackleton | Wenke |
| Gaffney | Middaugh | Shaffer | Woronchak |
Garfield Milosch
In The Chair: Julian
Rep. Kolb moved to amend the bill as follows:
1. Amend page 18, following line 10, by inserting:
"Sec. 316. (1) The Michigan opportunity scholarship program shall be implemented beginning in the fiscal year ending September 30, 2005. Funding for the Michigan opportunity scholarships shall equal the amounts appropriated in part 1 of this act for the state competitive scholarships, tuition grants, Michigan work-study program, and the Michigan education opportunity grants. The Michigan opportunity scholarships program shall be administered by the Michigan higher education assistance authority.
(2) The Michigan higher education assistance authority shall utilize Michigan opportunity scholarships program funding to continue awards to all students who received awards in the fiscal year ending September 30, 2004, under the state competitive scholarship program pursuant to 1964 PA 208, MCL 390.971 to 390.981 and the tuition grant program pursuant to 1966 PA 313, MCL 390.991 to 390.997a and who remain eligible under those former programs.
(3) The remaining Michigan opportunity scholarships program funds shall be paid by the Michigan higher education assistance authority to financially needy Michigan students attending a Michigan public or independent college or university. The Michigan higher education assistance authority shall determine the application process, the needs analysis criteria for students to qualify for an award, and the annual maximum award amount under the Michigan opportunity scholarships program.
(4) When statutory provisions are enacted to provide for the Michigan opportunity scholarships programs, the provisions of subsection 2 and 3 are superseded.".
The question being on the adoption of the amendment offered by Rep. Kolb,
Rep. Kolb demanded the yeas and nays.
The demand was supported.
The question being on the adoption of the amendment offered by Rep. Kolb,
The amendment was not adopted, a majority of the members serving not voting therefor, by yeas and nays, as follows:
Roll Call No. 122 Yeas--42
| Accavitti | Elkins | Lipsey | Rivet |
| Adamini | Farrah | McConico | Sheltrown |
| Anderson | Gieleghem | Meisner | Smith |
| Bieda | Gillard | Minore | Tobocman |
| Brown | Gleason | Murphy | Vagnozzi |
| Byrum | Hardman | O'Neil | Waters |
| Cheeks | Hood | Paletko | Whitmer |
| Clack | Hopgood | Phillips | Williams |
| Condino | Hunter | Plakas | Wojno |
| Daniels | Kolb | Reeves | Woodward |
Dennis Law
Nays--64
| Acciavatti | Hager | Middaugh | Shaffer |
| Amos | Hart | Milosch | Sheen |
| Bisbee | Hoogendyk | Moolenaar | Shulman |
| Bradstreet | Howell | Newell | Stahl |
| Brandenburg | Huizenga | Nitz | Stakoe |
| Casperson | Hummel | Nofs | Steil |
| Caswell | Hune | Palmer | Stewart |
| Caul | Jamnick | Palsrok | Tabor |
| DeRoche | Johnson, Rick | Pappageorge | Taub |
| DeRossett | Johnson, Ruth | Pastor | Van Regenmorter |
| Drolet | Julian | Pumford | Vander Veen |
| Ehardt | Koetje | Richardville | Voorhees |
| Emmons | Kooiman | Robertson | Walker |
| Farhat | LaJoy | Rocca | Ward |
| Gaffney | LaSata | Sak | Wenke |
| Garfield | Meyer | Shackleton | Woronchak |
In The Chair: Julian
Rep. Brown moved to amend the bill as follows:
1. Amend page 3, line 21, by striking out all of section 109 and inserting:
"Sec. 109. NORTHERN MICHIGAN UNIVERSITY
Operations $ 46,811,500
Labor education program 90,000
GROSS APPROPRIATION $ 46,901,500
Appropriated from:
State general fund/general purpose $ 46,901,500".
2. Amend page 5, line 13, by striking out "200,000" and inserting "110,000".
3. Amend page 5, line 15, by striking out "62,200,600" and inserting "62,110,600".
4. Amend page 5, line 17, by striking out "62,200,600" and inserting "62,110,600".
The question being on the adoption of the amendments offered by Rep. Brown,
Rep. Brown demanded the yeas and nays.
The demand was supported.
The question being on the adoption of the amendments offered by Rep. Brown,
The amendments were not adopted, a majority of the members serving not voting therefor, by yeas and nays, as follows:
Roll Call No. 123 Yeas--48
| Accavitti | Elkins | Law | Sak |
| Adamini | Farrah | Lipsey | Shackleton |
| Anderson | Gieleghem | McConico | Sheltrown |
| Bieda | Gillard | Meisner | Smith |
| Brown | Gleason | Minore | Spade |
| Byrum | Hardman | Murphy | Tobocman |
| Casperson | Hood | O'Neil | Vagnozzi |
| Cheeks | Hopgood | Paletko | Waters |
| Clack | Howell | Phillips | Whitmer |
| Condino | Hunter | Plakas | Williams |
| Daniels | Jamnick | Reeves | Wojno |
| Dennis | Kolb | Rivet | Woodward |
Nays--58
| Acciavatti | Hager | Milosch | Sheen |
| Amos | Hart | Moolenaar | Shulman |
| Bisbee | Hoogendyk | Newell | Stahl |
| Bradstreet | Huizenga | Nitz | Stakoe |
| Brandenburg | Hummel | Nofs | Steil |
| Caswell | Hune | Palmer | Stewart |
| Caul | Johnson, Rick | Palsrok | Tabor |
| DeRoche | Johnson, Ruth | Pappageorge | Taub |
| DeRossett | Julian | Pastor | Van Regenmorter |
| Drolet | Koetje | Pumford | Vander Veen |
| Ehardt | Kooiman | Richardville | Voorhees |
| Emmons | LaJoy | Robertson | Walker |
| Farhat | LaSata | Rocca | Ward |
| Gaffney | Meyer | Shaffer | Woronchak |
Garfield Middaugh
In The Chair: Julian
Rep. Woodward moved to amend the bill as follows:
1. Amend page 23, following line 8, by inserting:
"Sec. 439. Any of Michigan's public universities which have a policy allowing smoking in their dormitories or residence halls shall report to the legislature, by December 1, 2003, the reason or reasons for that policy.".
The question being on the adoption of the amendment offered by Rep. Woodward,
Rep. Woodward demanded the yeas and nays.
The demand was supported.
The question being on the adoption of the amendment offered by Rep. Woodward,
The amendment was adopted, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 124 Yeas--68
| Accavitti | Gieleghem | McConico | Sak |
| Acciavatti | Gillard | Meisner | Shackleton |
| Adamini | Gleason | Middaugh | Shaffer |
| Anderson | Hager | Milosch | Shulman |
| Bieda | Hardman | Minore | Smith |
| Brown | Hart | Murphy | Spade |
| Byrum | Hood | Nitz | Stewart |
| Casperson | Hopgood | O'Neil | Tobocman |
| Caul | Hunter | Paletko | Vagnozzi |
| Cheeks | Jamnick | Phillips | Vander Veen |
| Clack | Johnson, Ruth | Plakas | Walker |
| Condino | Julian | Pumford | Waters |
| Daniels | Kolb | Reeves | Whitmer |
| Dennis | Kooiman | Richardville | Williams |
| Elkins | LaSata | Rivet | Wojno |
| Farrah | Law | Robertson | Woodward |
| Gaffney | Lipsey | Rocca | Woronchak |
Nays--38
| Amos | Garfield | Moolenaar | Stahl |
| Bisbee | Hoogendyk | Newell | Stakoe |
| Bradstreet | Howell | Nofs | Steil |
| Brandenburg | Huizenga | Palmer | Tabor |
| Caswell | Hummel | Palsrok | Taub |
| DeRoche | Hune | Pappageorge | Van Regenmorter |
| DeRossett | Johnson, Rick | Pastor | Voorhees |
| Drolet | Koetje | Sheen | Ward |
| Emmons | LaJoy | Sheltrown | Wenke |
Farhat Meyer
In The Chair: Julian
Rep. Caswell moved to amend the bill as follows:
1. Amend page 6, line 8, by increasing the amount by "3,750,000" and adjusting the subtotals, totals, and section 201 accordingly.
The motion did not prevail and the amendment was not adopted, a majority of the members serving not voting therefor.
Rep. Caul moved to amend the bill as follows:
1. Amend page 17, line 7, after "30," by striking out "2003" and inserting "2004".
2. Amend page 17, line 8, after "30," by striking out "2003" and inserting "2004".
3. Amend page 17, line 17, after "30," by striking out "2003" and inserting "2004".
The motion prevailed and the amendments were 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. 4396, entitled
A bill to make appropriations for the state institutions of higher education for the fiscal year ending September 30, 2004; and to provide for the expenditures 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. 125 Yeas--68
| Accavitti | Hager | Milosch | Sheen |
| Acciavatti | Hart | Moolenaar | Shulman |
| Amos | Hoogendyk | Newell | Spade |
| Bisbee | Howell | Nitz | Stahl |
| Bradstreet | Huizenga | Nofs | Stakoe |
| Brandenburg | Hummel | Paletko | Steil |
| Casperson | Hune | Palmer | Stewart |
| Caswell | Johnson, Rick | Palsrok | Tabor |
| Caul | Johnson, Ruth | Pappageorge | Taub |
| DeRoche | Julian | Pastor | Vagnozzi |
| DeRossett | Koetje | Pumford | Van Regenmorter |
| Drolet | Kooiman | Richardville | Vander Veen |
| Ehardt | LaJoy | Robertson | Voorhees |
| Emmons | LaSata | Rocca | Walker |
| Farhat | Law | Sak | Ward |
| Gaffney | Meyer | Shackleton | Wenke |
| Garfield | Middaugh | Shaffer | Woronchak |
Nays--38
| Adamini | Farrah | Lipsey | Rivet |
| Anderson | Gieleghem | McConico | Sheltrown |
| Bieda | Gillard | Meisner | Smith |
| Brown | Gleason | Minore | Tobocman |
| Byrum | Hardman | Murphy | Waters |
| Cheeks | Hood | O'Neil | Whitmer |
| Clack | Hopgood | Phillips | Williams |
| Condino | Hunter | Plakas | Wojno |
| Daniels | Jamnick | Reeves | Woodward |
Dennis Kolb
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 the state institutions of higher education and certain state purposes related to education for the fiscal year ending September 30, 2004; to provide for the expenditures of those appropriations; and to prescribe the powers and duties of certain state departments, institutions, agencies, employees, and officers.
The 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.
______
Reps. Farrah, Hopgood, Dennis, Hunter, Byrum, Brown, Jamnick, Anderson, Minore, Condino and Waters, having reserved the right to explain their protest against the passage of the bill, made the following statement:
"Mr. Speaker and members of the House:
I voted no on House Bill 4396 (H-1), the 2004 Higher education budget for several reasons.
First, this version removes the $4 million increase that the Governor recommended for Tuition Incentive Payments (TIP). This program helps the neediest students in the State to be able to afford college. At a time when our economy is weak and unemployment is high, it is critical that we assist those who wish to gain a higher education, making them more employable.
Second, this budget continues the problems begun in the Department of Community Health budget by putting in an additional $60 million in tobacco funds that was in the Governor's recommendation for the DCH budget. It is still unclear how House Republicans intend to fill the $60 million general fund hole they created by this switch. It is irresponsible to pass budgets that are not balanced.
Finally, negotiations on this budget did not occur. This bill was presented by the Republicans as a fait accompli. We must work together to address the fiscal crisis facing our State. This budget was a one-sided, Republican effort that continues to blow a hole in the budget. Therefore, I voted no on House Bill 4396 (H-1)."
Rep. Whitmer, having reserved the right to explain her protest against the passage of the bill, made the following statement:
"Mr. Speaker and members of the House:
While it is particularly difficult for me to vote against a Higher Education budget, I voted no on House Bill 4396 (H-1), the 2004 Higher education budget for several reasons.
First, this version removes the $4 million increase that the Governor recommended for Tuition Incentive Payments (TIP). This program helps the neediest students in the State to be able to afford college. At a time when our economy is weak and unemployment is high, it is critical that we assist those who wish to gain a higher education, making them more employable.
Second, this budget continues the problems begun in the Department of Community Health budget by putting in an additional $60 million in tobacco funds that was in the Governor's recommendation for the DCH budget. It is still unclear how House Republicans intend to fill the $60 million general fund hole they created by this switch. Additionally, we will forfeit over $75 million in federal matching funds. It is irresponsible to pass budgets that are not balanced.
Finally, negotiations on this budget did not occur. This bill was presented by the Republicans as a fait accompli. We must work together to address the fiscal crisis facing our State. This budget was a one-sided, Republican effort that continues to blow a hole in the budget. Therefore, I voted no on House Bill 4396 (H-1)."
Rep. Tobocman, having reserved the right to explain his protest against the passage of the bill, made the following statement:
"Mr. Speaker and members of the House:
I voted no on House Bill 4396 (H-1), the 2004 Higher education budget for several reasons.
First, this version removes the $4 million increase that the Governor recommended for Tuition Incentive Payments (TIP). This program helps the neediest students in the State to be able to afford college. At a time when our economy is weak and unemployment is high, it is critical that we assist those who wish to gain a higher education, making them more employable. Second, this budget continues the problems begun in the Department of Community Health budget by putting in an additional $60 million in tobacco funds that was in the Governor's recommendation for the DCH budget. It is still unclear how House Republicans intend to fill the $60 million general fund hole they created by this switch. It is irresponsible to pass budgets that are not balanced. Finally, negotiations on this budget did not occur. This bill was presented by the Republicans as a fait accompli. We must work together to address the fiscal crisis facing our State."
Rep. Gleason, having reserved the right to explain his protest against the passage of the bill, made the following statement:
"Mr. Speaker and members of the House:
I voted no on House Bill 4396 (H-1), the 2004 Higher education budget for several reasons. First, this version removes the $4 million increase that the Governor recommended for Tuition Incentive Payments (TIP). This program helps the neediest students in the State to be able to afford college. At a time when our economy is weak and unemployment is high, it is critical that we assist those who wish to gain a higher education, making them more employable. Second, this budget continues the problems begun in the Department of Community Health budget by putting in an additional $60 million in tobacco funds that was in the Governor's recommendation for the DCH budget. It is still unclear how House Republicans intend to fill the $60 million general fund hole they created by this switch. It is irresponsible to pass budgets that are not balanced. Negotiations on this budget did not occur. This bill was presented by the Republicans as a fait accompli. We must work together to address the fiscal crisis facing our State. This budget was a one-sided, Republican effort that continues to blow a hole in the budget. Therefore, I voted no on House Bill 4396 (H-1). Finally, regarding state funding for higher education should be spread equally among all institutions and a yes vote compromises medicaid funding for those needing this healthcare and subsequent millions of funds from federal dollars."
Rep. Lipsey, having reserved the right to explain his protest against the passage of the bill, made the following statement:
"Mr. Speaker and members of the House:
I am severely troubled by the direction taken by my colleagues with this budget. Not only have we limited access to higher education with the reduction in the Tuition Incentive Program funding but we have also tried to fund a portion of this budget on the backs of our medicaid recipients. While the majority of this house continue to fund programs and cut revenue, we cannot continue to pretend that we can pay for everything without making some sacrifices. I will be happy to support the structure presented IF we can find money for the merit scholarships from some other source."
Rep. Kolb, having reserved the right to explain his protest against the passage of the bill, made the following statement:
"Mr. Speaker and members of the House:
I voted no on House Bill 4396 (H-1), the 2004 Higher education budget for several reasons.
First, this version removes the $4 million increase that the Governor recommended for Tuition Incentive Payments (TIP). This program helps the neediest students in the State to be able to afford college. At a time when our economy is weak and unemployment is high, it is critical that we assist those who wish to gain a higher education, making them more employable.
Second, this budget continues the problems begun in the Department of Community Health budget by putting in an additional $60 million in tobacco funds that was in the Governor's recommendation for the DCH budget. It is still unclear how House Republicans intend to fill the $60 million general fund hole they created by this switch. It is irresponsible to pass budgets that are not balanced.I offered an amendment to fund the Merit Scholarship program in a fiscally responsible manner and not create a $60 million hole in the budget. The Republicans rejected this amendment without saying how they are going to fill the $60 million hole they have created in the state's budget.I offered a second amendment to help create the Michigan Opportunity Scholarship, a needs based scholarship program. My amendment would have implemented this needs based scholarship program without harming existing students whose scholarships are funded by current programs. With the removal of the TIP dollars, it is imperative that we establish a needs base scholarship program to help out students whose family income may prevent them from attending the college or university of their choice. We need to help make higher education more affordable especially as we cut state appropriations to our public higher education institutions. This scholarship program would have helped those students in most need of financial assistance. But the majority party rejected this amendment.
Finally, negotiations on this budget did not occur. This bill was presented by the Republicans as a fait accompli. We must work together to address the fiscal crisis facing our State. This budget was a one-sided, Republican effort that continues to blow a hole in the budget. Therefore, I voted no on House Bill 4396 (H-1)."
Second Reading of Bills
House Bill No. 4145, entitled
A bill to enter into the interstate compact for the supervision or return of certain juveniles, delinquents, and status offenders and for related purposes; and to repeal acts and parts of acts.
The bill was read a second time.
Rep. LaSata moved to amend the bill as follows:
1. Amend page 28, line 6, by striking out all of enacting section 1 and inserting:
"Enacting section 1. 1958 PA 203, MCL 3.701 to 3.706, is repealed on the date that the compact administrator appointed under this act certifies to the secretary of state that the thirty-fifth state has enacted this compact as provided in article X.".
The motion prevailed and the amendment was adopted, a majority of the members serving voting therefor.
Rep. LaSata moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
House Bill No. 4456, entitled
A bill to amend 1965 PA 261, entitled "An act to authorize the creation and to prescribe the powers and duties of county and regional parks and recreation commissions; and to prescribe the powers and duties of county boards of commissioners with respect to county and regional parks and recreation commissions," by amending section 1 (MCL 46.351), as amended by 2000 PA 496.
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. Accavitti moved to amend the bill as follows:
1. Amend page 1, line 6, after "following" by striking out "10".
2. Amend page 2, line 22, after "1,000,000," by striking out the balance of the line through "(d)" on line 23 and inserting "the county board of commissioners shall appoint a neighborhood representative. The appointee under this subdivision".
3. Amend page 2, line 25, after "located" by striking out "within 1/2 mile from" and inserting "totally or partially within 500 feet of ".
4. Amend page 3, line 2, by striking out "that 1/2-mile area" and inserting "500 feet".
5. Amend page 3, line 2, after "then" by striking out the balance of the line through "appointed" on line 3 and inserting "the appointee".
6. Amend page 3, line 6, after "then" by striking out the balance of the line through "appointed" on line 7 and inserting "the appointee".
7. Amend page 3, line 9, after "commission." by striking out the balance of the line through "commission." on line 14 and inserting "The first appointment under this subdivision shall be made not less than 30 days from the effective date of the amendatory act that added this subdivision.".
8. Amend page 3, line 19, after "January 1." by inserting "The first member appointed under subdivision (e) shall be appointed for a term ending 2 years from the following January 1.".
The motion prevailed and the amendments were adopted, a majority of the members serving voting therefor.
Rep. Rocca 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. 4456, entitled
A bill to amend 1965 PA 261, entitled "An act to authorize the creation and to prescribe the powers and duties of county and regional parks and recreation commissions; and to prescribe the powers and duties of county boards of commissioners with respect to county and regional parks and recreation commissions," by amending section 1 (MCL 46.351), as amended by 2000 PA 496.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 126 Yeas--76
| Accavitti | Garfield | Milosch | Sheen |
| Acciavatti | Gieleghem | Moolenaar | Shulman |
| Amos | Gleason | Newell | Spade |
| Bieda | Hager | Nitz | Stahl |
| Bisbee | Hart | Nofs | Stakoe |
| Bradstreet | Hoogendyk | O'Neil | Steil |
| Brandenburg | Howell | Paletko | Stewart |
| Brown | Huizenga | Palmer | Tabor |
| Casperson | Hummel | Palsrok | Taub |
| Caswell | Hune | Pappageorge | Vagnozzi |
| Caul | Johnson, Rick | Pastor | Van Regenmorter |
| Condino | Johnson, Ruth | Pumford | Vander Veen |
| DeRoche | Julian | Richardville | Voorhees |
| DeRossett | Koetje | Rivet | Walker |
| Drolet | Kooiman | Robertson | Ward |
| Ehardt | LaJoy | Rocca | Wenke |
| Emmons | LaSata | Sak | Wojno |
| Farhat | Meyer | Shackleton | Woodward |
| Gaffney | Middaugh | Shaffer | Woronchak |
Nays--29
| Adamini | Farrah | Law | Plakas |
| Anderson | Gillard | Lipsey | Reeves |
| Byrum | Hardman | McConico | Sheltrown |
| Cheeks | Hopgood | Meisner | Tobocman |
| Clack | Hunter | Minore | Waters |
| Daniels | Jamnick | Murphy | Whitmer |
| Dennis | Kolb | Phillips | Williams |
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.
______
Rep. Anderson, having reserved the right to explain his protest against the passage of the bill, made the following statement:
"Mr. Speaker and members of the House:
I voted no on HB 4456 since it would impose a requirement on a county commission to reserve a position for a local neighborhood representative. This is a clear legislative directive that flies in the face of local control."
Reps. Lipsey, Waters and Murphy, 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 4456 (H-1 as amended) because if enacted, it would not honor the sovereign rights of local units of government to manage their own jurisdictions. It appears this bill was introduced because of a dilemma in Macomb County. The problem is that if this bill is enacted what would happen if a county were to fall into that population range in the future? It would be in the best public interest to simply pressure or remove the county commissioners who will not represent the home owner' needs. If state law were to be amended every time there was a dilemma in a locality, state lawmakers would have their workload doubled and there would be no need for local elected officials."
Second Reading of Bills
House Bill No. 4519, entitled
A bill to require certain notices regarding the transmission of unsolicited commercial e-mail; to establish procedures for e-mail service providers; to allow recipients of e-mail to be excluded from receiving future unsolicited commercial e-mail; and to prescribe penalties and remedies.
Was read a second time, and the question being on the adoption of the proposed substitute (H-2) previously recommended by the Committee on Energy and Technology,
The substitute (H-2) was adopted, a majority of the members serving voting therefor.
Rep. Huizenga 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. 4519, entitled
A bill to require certain notices regarding the transmission of unsolicited commercial e-mail; to establish procedures for e-mail service providers; to allow recipients of e-mail to be excluded from receiving future unsolicited commercial e-mail; and to prescribe penalties and remedies.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 127 Yeas--107
| 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 | Hart | Murphy | Stakoe |
| Brandenburg | Hood | Newell | Steil |
| Brown | Hoogendyk | Nitz | Stewart |
| Byrum | Hopgood | Nofs | Tabor |
| Casperson | Howell | O'Neil | Taub |
| Caswell | Huizenga | Paletko | Tobocman |
| Caul | Hummel | Palmer | Vagnozzi |
| Cheeks | Hune | Palsrok | Van Regenmorter |
| Clack | Hunter | Pappageorge | Vander Veen |
| Condino | Jamnick | Pastor | Voorhees |
| Daniels | Johnson, Rick | Phillips | Walker |
| Dennis | Johnson, Ruth | Plakas | Ward |
| DeRoche | Julian | Pumford | Waters |
| DeRossett | Koetje | Reeves | Wenke |
| Drolet | Kolb | Richardville | Whitmer |
| Ehardt | Kooiman | Rivet | Williams |
| Elkins | LaJoy | Robertson | Wojno |
| Emmons | LaSata | Rocca | Woodward |
| Farhat | Law | Sak | Woronchak |
| Farrah | Lipsey | Shackleton |
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. 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.
Was read a second time, and the question being on the adoption of the proposed substitute (H-5) previously recommended by the Committee on Appropriations,
The substitute (H-5) was adopted, a majority of the members serving voting therefor.
Rep. Pumford 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. 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.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 128 Yeas--73
| Adamini | Hager | Middaugh | Sheen |
| Amos | Hardman | Milosch | Sheltrown |
| Bisbee | Hart | Minore | Shulman |
| Bradstreet | Hood | Moolenaar | Smith |
| Brown | Hoogendyk | Murphy | Spade |
| Casperson | Howell | Newell | Stahl |
| Caswell | Huizenga | Nitz | Stakoe |
| Caul | Hummel | Nofs | Steil |
| Cheeks | Hunter | Palsrok | Tabor |
| Clack | Johnson, Rick | Pappageorge | Taub |
| Daniels | Julian | Pastor | Tobocman |
| Dennis | Koetje | Plakas | Van Regenmorter |
| DeRossett | Kooiman | Pumford | Vander Veen |
| Ehardt | LaSata | Reeves | Voorhees |
| Elkins | Lipsey | Rivet | Walker |
| Emmons | McConico | Sak | Waters |
| Farhat | Meisner | Shackleton | Wenke |
| Gillard | Meyer | Shaffer | Williams |
Gleason
Nays--34
| Accavitti | Farrah | LaJoy | Rocca |
| Acciavatti | Gaffney | Law | Stewart |
| Anderson | Garfield | O'Neil | Vagnozzi |
| Bieda | Gieleghem | Paletko | Ward |
| Brandenburg | Hopgood | Palmer | Whitmer |
| Byrum | Hune | Phillips | Wojno |
| Condino | Jamnick | Richardville | Woodward |
| DeRoche | Johnson, Ruth | Robertson | Woronchak |
Drolet Kolb
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. Daniels, McConico, Lipsey, Julian, Hummel, Vander Veen, Cheeks, Smith, Hunter, Tobocman, Gleason, Stahl, Farhat, Elkins and Gillard were named co-sponsors of the bill.
Rep. Jamnick, having reserved the right to explain her protest against the passage of the bill, made the following statement:
"Mr. Speaker and members of the House:
I voted against this bill today because of my 7 school districts, which includes our ISD, only one gains under this formula. I find it difficult to impossible to support such a loss."
Rep. Whitmer, having reserved the right to explain her protest against the passage of the bill, made the following statement:
"Mr. Speaker and members of the House:
While I acknowledge there are merits to this bill, I believe the time is ripe for a full comprehensive review of the benefits and unintended negative consequences of Proposal A. This new formula penalized every school district in the 69th district and virtually every district in Ingham County. Until we commit to giving those schools the tools they need to survive and thrive in post Prop A era. We should create a bipartisan, commission with community representatives, educators, and administrators to examine these issues. Further, the House should take up related legislation like my bill to expand the purposes for which schools can us their sinking funds. Until this legislature is committed to such a comprehensive review and is amenable to a package of legislation committed toward that end, I cannot support a new proration formula that hurts my schools when house leadership refuses to give them the tools they need to educate our kids."
______
Rep. Casperson moved that Rep. DeRossett be excused temporarily from today's session.
The motion prevailed.
Second Reading of Bills
House Bill No. 4515, entitled
A bill to improve the training and education of local corrections officers; to provide for the certification of local corrections officers and the development of standards and requirements for local corrections officers; to provide for the creation of a sheriffs coordinating and training office and a local corrections advisory board; and to prescribe the powers and duties of certain local and state officers and agencies.
Was read a second time, and the question being on the adoption of the proposed substitute (H-1) previously recommended by the Committee on Criminal Justice,
The substitute (H-1) 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
House Bill No. 4515, entitled
A bill to improve the training and education of local corrections officers; to provide for the certification of local corrections officers and the development of standards and requirements for local corrections officers; to provide for the creation of a sheriffs coordinating and training office and a local corrections advisory board; and to prescribe the powers and duties of certain local and state officers and agencies.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 129 Yeas--99
| Accavitti | Gillard | Middaugh | Sheltrown |
| Acciavatti | Gleason | Milosch | Shulman |
| Adamini | Hager | Minore | Smith |
| Amos | Hardman | Moolenaar | Spade |
| Anderson | Hart | Murphy | Stahl |
| Bieda | Hood | Newell | Stakoe |
| Bisbee | Hopgood | Nitz | Steil |
| Brandenburg | Howell | Nofs | Stewart |
| Brown | Huizenga | O'Neil | Tabor |
| Byrum | Hummel | Paletko | Taub |
| Casperson | Hune | Palmer | Tobocman |
| Caswell | Hunter | Palsrok | Vagnozzi |
| Caul | Jamnick | Pappageorge | Van Regenmorter |
| Cheeks | Johnson, Rick | Pastor | Vander Veen |
| Clack | Johnson, Ruth | Phillips | Voorhees |
| Condino | Julian | Plakas | Walker |
| Daniels | Koetje | Pumford | Ward |
| Dennis | Kolb | Richardville | Waters |
| DeRoche | Kooiman | Rivet | Wenke |
| Elkins | LaJoy | Robertson | Whitmer |
| Emmons | LaSata | Rocca | Williams |
| Farhat | Law | Sak | Wojno |
| Farrah | Lipsey | Shackleton | Woodward |
| Gaffney | Meisner | Shaffer | Woronchak |
| Gieleghem | Meyer | Sheen |
Nays--4
Bradstreet Drolet Garfield Hoogendyk
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. 4516, entitled
A bill to amend 1982 PA 415, entitled "Correctional officers' training act of 1982," by amending the title and sections 2, 3, 4, 5, and 15 (MCL 791.502, 791.503, 791.504, 791.505, and 791.515); and to repeal acts and parts of acts.
Was read a second time, and the question being on the adoption of the proposed amendment previously recommended by the Committee on Criminal Justice (for amendment, see House Journal No. 37, p. 529),
The amendment was adopted, a majority of the members serving voting therefor.
Rep. Amos 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.
______
Rep. Hood moved that Rep. Smith be excused from the balance of today's session.
The motion prevailed.
By unanimous consent the House returned to the order of
Third Reading of Bills
House Bill No. 4516, entitled
A bill to amend 1982 PA 415, entitled "Correctional officers' training act of 1982," by amending the title and sections 2, 3, 4, 5, and 15 (MCL 791.502, 791.503, 791.504, 791.505, and 791.515); 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. 130 Yeas--102
| Accavitti | Gillard | Meyer | Shaffer |
| Acciavatti | Gleason | Middaugh | Sheen |
| Adamini | Hager | Milosch | Sheltrown |
| Amos | Hardman | Minore | Shulman |
| Anderson | Hart | Moolenaar | Spade |
| Bieda | Hood | Murphy | Stahl |
| Bisbee | Hoogendyk | Newell | Stakoe |
| Brandenburg | Hopgood | Nitz | Steil |
| Brown | Howell | Nofs | Stewart |
| Byrum | Huizenga | O'Neil | Tabor |
| 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 |
| DeRoche | Kolb | Reeves | Waters |
| Elkins | Kooiman | Richardville | Wenke |
| Emmons | LaJoy | Rivet | Whitmer |
| Farhat | LaSata | Robertson | Williams |
| Farrah | Law | Rocca | Wojno |
| Gaffney | Lipsey | Sak | Woodward |
| Garfield | McConico | Shackleton | Woronchak |
Gieleghem Meisner
Nays--2
Bradstreet Drolet
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. 4517, entitled
A bill to amend 1846 RS 171, entitled "Of county jails and the regulation thereof," (MCL 801.1 to 801.27) by adding section 4b.
Was read a second time, and the question being on the adoption of the proposed substitute (H-1) previously recommended by the Committee on Criminal Justice,
The substitute (H-1) was adopted, a majority of the members serving voting therefor.
Rep. Wojno 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. 4517, entitled
A bill to amend 1846 RS 171, entitled "Of county jails and the regulation thereof," (MCL 801.1 to 801.27) by adding section 4b.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 131 Yeas--101
| Accavitti | Gleason | Meyer | Shaffer |
| Acciavatti | Hager | Middaugh | Sheen |
| Adamini | Hardman | Milosch | Sheltrown |
| Amos | Hart | Minore | Shulman |
| Anderson | Hood | Moolenaar | Spade |
| Bieda | Hoogendyk | Murphy | Stahl |
| Bisbee | Hopgood | Newell | Stakoe |
| Brandenburg | Howell | Nitz | Steil |
| Brown | Huizenga | Nofs | Stewart |
| Byrum | Hummel | O'Neil | Tabor |
| Casperson | Hune | Paletko | Taub |
| Caswell | Hunter | Palmer | Tobocman |
| Caul | Jamnick | Palsrok | Vagnozzi |
| Cheeks | Johnson, Rick | Pappageorge | Van Regenmorter |
| Clack | Johnson, Ruth | Pastor | Vander Veen |
| Condino | Julian | Phillips | Voorhees |
| Daniels | Koetje | Plakas | Walker |
| Dennis | Kolb | Pumford | Ward |
| DeRoche | Kooiman | Reeves | Waters |
| Elkins | LaJoy | Richardville | Wenke |
| Emmons | LaSata | Rivet | Whitmer |
| Farhat | Law | Robertson | Williams |
| Farrah | Lipsey | Rocca | Wojno |
| Gaffney | McConico | Sak | Woodward |
| Gieleghem | Meisner | Shackleton | Woronchak |
Gillard
Nays--3
Bradstreet Drolet Garfield
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.
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
Reports of Standing Committees
The Committee on Great Lakes and Tourism, by Rep. Palsrok, Chair, reported
Senate Bill No. 150, entitled
A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending sections 78106, 78108, 78110, 78115, and 79112 (MCL 324.78106, 324.78108, 324.78110, 324.78115, and 324.79112), sections 78106, 78108, and 79112 as added by 1995 PA 58 and section 78110 as amended and section 78115 as added by 1998 PA 210.
Without amendment and with the recommendation that the bill pass.
The bill was referred to the order of Second Reading of Bills and laid over one day.
Favorable Roll Call
To Report Out:
Yeas: Reps. Palsrok, Brandenburg, Tabor, Meyer, Law and Gleason
Nays: None
The Committee on Great Lakes and Tourism, by Rep. Palsrok, Chair, reported
Senate Concurrent Resolution No. 5.
A concurrent resolution calling for the creation of a Great Lakes Legislative Caucus.
(For text of concurrent resolution, see House Journal No. 14, p. 171.)
With the recommendation that the following substitute (H-1) be adopted and that the concurrent resolution then be adopted.
Substitute for Senate Concurrent Resolution No. 5.
A concurrent resolution calling for the creation of a Great Lakes legislative caucus.
Whereas, The challenges facing the Great Lakes can only be met successfully through a well-coordinated and systematic approach. Issues as diverse as aquatic nuisance species, pollution, water levels, and water diversions and consumptive uses will be addressed in the coming years by dozens of laws and regulations in each of the Great Lakes states and provinces; and
Whereas, Legislation impacting the Great Lakes will be far more effective if it is based on information developed and shared by policymakers from the entire Great Lakes region. An organization to bring key Great Lakes lawmakers together regularly to share knowledge and hear other perspectives would be invaluable in improving the impact and uniformity of practices established in statute; and
Whereas, Regular meetings of legislative leaders from each of the Great Lakes states and provinces will bring many benefits. Regularly exchanging information can bring immediacy to the work of dealing with Great Lakes issues. The current practice of legislative bodies relying primarily on regional forums can be supplemented significantly through a legislative caucus working directly with experts to develop model legislation. Clearly, there will be a stronger sense of urgency brought to Great Lakes issues by a Great Lakes legislative caucus than is sometimes the case now; and
Whereas, Another benefit of a Great Lakes legislative caucus will be a more unified and stronger voice on specific issues. This can only help in articulating the unique situations facing the Great Lakes basin; now, therefore, be it
Resolved by the Senate (the House of Representatives concurring), That we call for the creation of a Great Lakes legislative caucus. We call on the legislatures of Illinois, Indiana, Minnesota, New York, Ohio, Pennsylvania, and Wisconsin and the legislative bodies of Ontario and Quebec to join us in developing this vehicle to address the many Great Lakes issues that cross jurisdictional boundaries; and be it further
Resolved, That copies of this resolution be transmitted to the leadership of each of the legislative bodies of the Great Lakes states and provinces, the Great Lakes Commission, the International Joint Commission, the National Conference of State Legislatures, the Council of State Governments, and the members of the congressional delegations from the Great Lakes states.
The Speaker announced that under Rule 77 the concurrent resolution would lie over one day.
Favorable Roll Call
To Report Out:
Yeas: Reps. Palsrok, Brandenburg, Tabor, Meyer, Law and Gleason
Nays: None
The Committee on Great Lakes and Tourism, by Rep. Palsrok, Chair, reported
Senate Concurrent Resolution No. 6.
A concurrent resolution to urge the International Joint Commission to maintain its vigilance in opposing diversion of Great Lakes water and to support the prompt resolution of all issues related to the finalization of Annex 2001.
(For text of concurrent resolution, see House Journal No. 14, p. 172.)
With the recommendation that the concurrent resolution be adopted.
The Speaker announced that under Rule 77 the concurrent resolution would lie over one day.
Favorable Roll Call
To Report Out:
Yeas: Reps. Palsrok, Brandenburg, Tabor, Meyer, Law and Gleason
Nays: None
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Palsrok, Chair of the Committee on Great Lakes and Tourism, was received and read:
Meeting held on: Thursday, May 8, 2003, at 1:15 p.m.
Present: Reps. Palsrok, Brandenburg, Tabor, Meyer, Law and Gleason
Absent: Rep. Stallworth
Excused: Rep. Stallworth
The Committee on Local Government and Urban Policy, by Rep. Ward, Chair, reported
Senate Bill No. 397, entitled
A bill to amend 1954 PA 116, entitled "Michigan election law," by amending section 613a (MCL 168.613a), as amended by 1999 PA 72.
Without amendment and with the recommendation that the bill pass.
The bill was referred to the order of Second Reading of Bills and laid over one day.
Favorable Roll Call
To Report Out:
Yeas: Reps. Ward, Robertson, DeRossett, Hager, Drolet, Stakoe, Jamnick, Tobocman and Accavitti
Nays: None
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Ward, Chair of the Committee on Local Government and Urban Policy, was received and read:
Meeting held on: Tuesday, May 13, 2003, at 9:00 a.m.
Present: Reps. Ward, Robertson, DeRossett, Hager, Drolet, Stakoe, Jamnick, Hardman, Tobocman and Accavitti
Absent: Rep. Wenke
Excused: Rep. Wenke
The Committee on Agriculture and Resource Management, by Rep. Meyer, Chair, reported
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.
(For text of resolution, see House Journal No. 34, p. 470.)
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
To Report Out:
Yeas: Reps. Meyer, Nitz, DeRossett, Hager, Casperson, Stahl, Sheltrown, Rivet and Spade
Nays: None
The Committee on Agriculture and Resource Management, by Rep. Meyer, Chair, reported
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.
(For text of concurrent resolution, see House Journal No. 34, p. 470.)
With the recommendation that the concurrent resolution be adopted.
The Speaker announced that under Rule 77 the concurrent resolution would lie over one day.
Favorable Roll Call
To Report Out:
Yeas: Reps. Meyer, Nitz, DeRossett, Hager, Casperson, Stahl, Sheltrown, Rivet and Spade
Nays: None
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Meyer, Chair of the Committee on Agriculture and Resource Management, was received and read:
Meeting held on: Tuesday, May 13, 2003, at 10:30 a.m.
Present: Reps. Meyer, Nitz, DeRossett, Hager, Casperson, Hune, Stahl, Sheltrown, Rivet, Spade and Law
The Committee on Health Policy, by Rep. Ehardt, Chair, reported
House Bill No. 4172, entitled
A bill to amend 1978 PA 368, entitled "Public health code," by amending section 5129 (MCL 333.5129), as amended by 1995 PA 253.
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. Ehardt, Vander Veen, Ruth Johnson, Rocca, Hart, Woronchak, Van Regenmorter, Robertson, Gaffney, Hune, Ward, Adamini, Wojno, Hardman, O'Neil, Gillard and Clack
Nays: None
The Committee on Health Policy, by Rep. Ehardt, Chair, reported
House Bill No. 4272, entitled
A bill to amend 1978 PA 368, entitled "Public health code," (MCL 333.1101 to 333.25211) by adding section 20188.
With the recommendation that the substitute (H-4) 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. Ehardt, Vander Veen, Ruth Johnson, Rocca, Hart, Woronchak, Robertson, Gaffney, Hune, Ward, Adamini, Wojno, Hardman, O'Neil, Gillard and Clack
Nays: None
The Committee on Health Policy, by Rep. Ehardt, Chair, reported
House Bill No. 4507, entitled
A bill to amend 1978 PA 368, entitled "Public health code," (MCL 333.1101 to 333.25211) by adding section 2685a.
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. Vander Veen, Ruth Johnson, Rocca, Hart, Woronchak, Van Regenmorter, Robertson, Gaffney, Hune, Ward and Wojno
Nays: Reps. Adamini, Hardman, Gillard and Clack
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Ehardt, Chair of the Committee on Health Policy, was received and read:
Meeting held on: Tuesday, May 13, 2003, at 10:30 a.m.
Present: Reps. Ehardt, Vander Veen, Ruth Johnson, Rocca, Hart, Woronchak, Van Regenmorter, Robertson, Gaffney, Hune, Ward, Adamini, Wojno, Hardman, O'Neil, Gillard and Clack
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Bisbee, Chair of the Committee on Commerce, was received and read:
Meeting held on: Tuesday, May 13, 2003, at 10:30 a.m.
Present: Reps. Bisbee, DeRoche, Howell, Koetje, Middaugh, Drolet, Palmer, Brandenburg, Huizenga, Milosch, Palsrok, Wenke, Rivet, O'Neil, McConico, Lipsey, Murphy, Tobocman and Accavitti
Messages from the Senate
Senate Concurrent Resolution No. 18.
A concurrent resolution to memorialize the Congress of the United States to enact legislation to include the services of licensed professional counselors and marriage and family therapists among services covered under Medicare.
Whereas, Mental health and emotional stability are key components of every person's overall health and well-being. The correlation between mental health and physical health is well established. However, there are numerous situations in which mental health and mental health services are considered far differently than physical maladies; and
Whereas, Under the current practices of our Medicare system, several types of mental health and counseling services are not covered. This omission is especially inappropriate in view of the fact that senior citizens often face more challenges to their emotional and mental well-being than other age groups. Senior citizens suffer from depression at higher rates than many other age groups, for example; and
Whereas, Congress has before it a measure that would address this gap in Medicare coverage. The Seniors Mental Health Access Improvement Act, S. 310, would amend the Medicare system to provide for the coverage of marriage and family therapist services and mental health counselor services under Part B of Medicare. The impact of adding this coverage would be beneficial not only to countless individuals and families, but also to the Medicare system through the improved overall health it would encourage; now, therefore, be it
Resolved by the Senate (the House of Representatives concurring), That we memorialize the Congress of the United States to enact legislation to include the services of licensed professional counselors and marriage and family therapists among services covered under Medicare; and be it further
Resolved, That copies of this resolution be transmitted to the President of the United States Senate, the Speaker of the United States House of Representatives, and the members of the Michigan congressional delegation.
The Senate has adopted the concurrent resolution.
Reps. DeRossett, Ehardt, Hager, Hunter, Jamnick, Meyer, Pappageorge, Tobocman, Vander Veen, Voorhees and Woodward were named co-sponsors of the concurrent resolution.
The concurrent resolution was referred to the Committee on Senior Health, Security and Retirement.
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, Wednesday, May 7:
Senate Bill Nos. 458 459 460
The Clerk announced that the following bills had been printed and placed upon the files of the members on Friday, May 9:
House Bill Nos. 4659 4660 4661 4662 4663 4664 4665
The Clerk announced the enrollment printing and presentation to the Governor on Friday, May 9, for her approval of the following bills:
Enrolled House Bill No. 4078 at 1:09 p.m.
Enrolled House Bill No. 4086 at 1:11 p.m.
Enrolled House Bill No. 4332 at 1:13 p.m.
By unanimous consent the House returned to the order of
Notices
Pursuant to Rule 44, the Speaker has made the following reassignment:
House Bill No. 4660 referred to the Committee on Energy and Technology.
Communications from State Officers
The following communication from the Auditor General was received and read:
May 9, 2003
Enclosed is a copy of the following audit report and/or report summary:
Performance Audit of the
Office of Postsecondary Services
Michigan Department of Career Development
May 2003
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
Rep. Ward introduced
House Bill No. 4666, entitled
A bill to amend 1921 PA 207, entitled "City and village zoning act," by amending section 4b (MCL 125.584b).
The bill was read a first time by its title and referred to the Committee on Land Use and Environment.
Rep. Ward introduced
House Bill No. 4667, entitled
A bill to amend 1943 PA 184, entitled "Township zoning act," by amending section 16c (MCL 125.286c).
The bill was read a first time by its title and referred to the Committee on Land Use and Environment.
Rep. Ward introduced
House Bill No. 4668, entitled
A bill to amend 1943 PA 183, entitled "County zoning act," by amending section 16c (MCL 125.216c).
The bill was read a first time by its title and referred to the Committee on Land Use and Environment.
Reps. Ward, Rocca, Julian, Hummel, Stahl, Nofs and Kooiman introduced
House Bill No. 4669, entitled
A bill to amend 1976 PA 388, entitled "Michigan campaign finance act," by amending section 65 (MCL 169.265), as amended by 1993 PA 262.
The bill was read a first time by its title and referred to the Committee on Government Operations.
Reps. Ehardt, Farhat, Stahl, Vander Veen, LaJoy, Tabor, Pastor, Casperson, Amos, Brandenburg, Robertson and Nofs introduced
House Bill No. 4670, entitled
A bill to amend 2000 PA 499, entitled "Elder prescription insurance coverage act," by amending section 3 (MCL 550.2003).
The bill was read a first time by its title and referred to the Committee on Health Policy.
Rep. Whitmer introduced
House Bill No. 4671, entitled
A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending section 74117 (MCL 324.74117), as added by 1995 PA 58, and by adding section 501b; 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.
Reps. Woodward, LaJoy, Tobocman, Rivet, Ruth Johnson and Lipsey introduced
House Bill No. 4672, entitled
A bill to amend 1967 PA 281, entitled "Income tax act of 1967," by amending section 30 (MCL 206.30), as amended by 2002 PA 615.
The bill was read a first time by its title and referred to the Committee on Tax Policy.
Reps. Woodward, LaJoy, Meisner, Tobocman, Sak, Rivet, Vagnozzi, Ruth Johnson and Lipsey introduced
House Bill No. 4673, 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 Government Operations.
Reps. Bieda, Wojno, Gleason, Meisner, Rocca, Vagnozzi, Minore, Condino, Accavitti, Gieleghem, Anderson and Lipsey introduced
House Bill No. 4674, entitled
A bill to amend 1978 PA 368, entitled "Public health code," (MCL 333.1101 to 333.25211) by adding section 17757b.
The bill was read a first time by its title and referred to the Committee on Health Policy.
Reps. Vander Veen, Kooiman, Drolet, LaJoy, Hager, Voorhees, Newell, Robertson and Caswell introduced
House Bill No. 4675, entitled
A bill to amend 1978 PA 368, entitled "Public health code," by amending section 16611 (MCL 333.16611), as amended by 2002 PA 423.
The bill was read a first time by its title and referred to the Committee on Health Policy.
Reps. Vander Veen, Kooiman, LaJoy, Hager, Voorhees, Newell, Robertson and Caswell introduced
House Bill No. 4676, entitled
A bill to amend 1978 PA 368, entitled "Public health code," by amending section 16611 (MCL 333.16611), as amended by 2002 PA 423.
The bill was read a first time by its title and referred to the Committee on Health Policy.
Reps. Garfield, Acciavatti, Ward, Amos, Vagnozzi, Robertson, Shaffer, Pastor, Condino, Sheltrown, Woodward and Minore introduced
House Bill No. 4677, entitled
A bill to amend 1980 PA 300, entitled "The public school employees retirement act of 1979," by amending section 91 (MCL 38.1391), as amended by 1998 PA 85.
The bill was read a first time by its title and referred to the Committee on Senior Health, Security and Retirement.
Reps. Minore, Anderson, Tobocman, Zelenko, Gieleghem, Stakoe, Sak, Drolet, Sheltrown, Spade, Elkins and Sheen introduced
House Bill No. 4678, entitled
A bill to amend 1846 RS 14, entitled "Of county officers," by amending section 107 (MCL 55.107), as amended by 2000 PA 116.
The bill was read a first time by its title and referred to the Committee on Local Government and Urban Policy.
Reps. Pastor, Moolenaar, Brandenburg, Farhat, Ehardt, Acciavatti, Casperson, Steil, Amos, Hummel, Milosch, Stakoe, Garfield, Robertson, Vander Veen, Rocca, Van Regenmorter, Ward, Newell, Stahl, Hoogendyk, Emmons, Taub, LaJoy, Pappageorge, Gaffney, Shaffer, Palmer, Hager, Palsrok, Hune, Sheen, Wenke, Drolet, Bisbee, Voorhees, Bradstreet, DeRossett, Meyer, DeRoche and Woronchak introduced
House Bill No. 4679, entitled
A bill to amend 1893 PA 206, entitled "The general property tax act," (MCL 211.1 to 211.157) by adding section 7gg.
The bill was read a first time by its title and referred to the Committee on Local Government and Urban Policy.
Reps. Newell, Hoogendyk, Howell, Wenke, Kooiman, Rocca, Ruth Johnson, Pappageorge, Meyer, Robertson, Hummel, Walker, Van Regenmorter, Stahl, Nofs, Palsrok, Hune, Pumford, Hart, Middaugh, Koetje, Hager, Vander Veen, Ehardt, Bradstreet, Farhat, Emmons, LaJoy, Stakoe, Rivet, Ward, Pastor, Steil, Moolenaar, Shackleton, Casperson, DeRossett, Sheltrown, Sheen, Reeves, Garfield, Caswell, Brandenburg, Acciavatti, Brown, Wojno, Paletko, O'Neil, Sak, Shaffer, Voorhees, Palmer, Julian, Tabor, DeRoche, Bisbee, Gaffney, Amos, Gleason, Huizenga, Richardville, Caul, Spade, Shulman and Bieda introduced
House Bill No. 4680, entitled
A bill to amend 1949 PA 300, entitled "Michigan vehicle code," (MCL 257.1 to 257.923) by adding section 217j.
The bill was read a first time by its title and referred to the Committee on Transportation.
______
Rep. Hoogendyk moved that the House adjourn.
The motion prevailed, the time being 4:40 p.m.
The Speaker Pro Tempore declared the House adjourned until Wednesday, May 14, at 1:00 p.m.
GARY L. RANDALL
Clerk of the House of Representatives