hj02151t.009

No. 9

STATE OF MICHIGAN

JOURNAL

OF THE

House of Representatives

91st Legislature

REGULAR SESSION OF 2001

House Chamber, Lansing, Thursday, February 15, 2001.

12:00 Noon.

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

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

Adamini--present

Allen--present

Anderson--present

Basham--present

Bernero--present

Birkholz--present

Bisbee--present

Bishop--present

Bogardus--present

Bovin--present

Bradstreet--present

Brown, Bob--present

Brown, Cameron--present

Brown, Rich--present

Callahan--present

Cassis--present

Caul--present

Clark--present

Clarke--present

Daniels--excused

Dennis--present

DeRossett--present

DeVuyst--present

DeWeese--present

Ehardt--present

Faunce--present

Frank--present

Garcia--excused

Garza--present

George--present

Gieleghem--present

Gilbert--present

Godchaux--present

Gosselin--present

Hager--present

Hale--present

Hansen--present

Hardman--present

Hart--present

Howell--present

Jacobs--present

Jamnick--present

Jansen--present

Jelinek--present

Johnson, Rick--present

Johnson, Ruth--present

Julian--present

Kilpatrick--present

Koetje--present

Kolb--present

Kooiman--present

Kowall--present

Kuipers--present

LaSata--present

Lemmons--present

Lipsey--present

Lockwood--present

Mans--present

McConico--present

Mead--present

Meyer--present

Middaugh--present

Minore--present

Mortimer--present

Murphy--present

Neumann--present

Newell--present

O'Neil--present

Pappageorge--present

Patterson--present

Pestka--present

Phillips--present

Plakas--present

Pumford--present

Quarles--present

Raczkowski--present

Reeves--present

Richardville--present

Richner--present

Rison--excused

Rivet--present

Rocca--present

Sanborn--present

Schauer--present

Schermesser--excused

Scranton--excused

Shackleton--present

Sheltrown--present

Shulman--present

Spade--present

Stallworth--excused

Stamas--present

Stewart--present

Switalski--present

Tabor--excused

Thomas--present

Toy--present

Vander Roest--present

Vander Veen--present

Van Woerkom--present

Vear--present

Voorhees--present

Waters--present

Whitmer--excused

Williams--present

Wojno--present

Woodward--present

Woronchak--present

Zelenko--present

e/d/s = entered during session

Rep. William Callahan, from the 26th District, offered the following invocation:

"As we digest the fond memory of Saint Valentine's Day and prepare for our next partaking to celebrate the feast day of Saint Patrick, let us remember both the prayers of an Irish contemporary of Saint Patrick, Saint Brigid, and Saint Patrick. Saint Brigid prayed, 'God, bless the poor; God, bless our human race; God, bless our food; God, bless our drink and our homes; O God, embrace.' Saint Patrick is said to have prayed, 'I sing as I arise today, let the work of God be my speech, the way of God my walk, the strength of God my shield, the love of God my heart.' Amen."

______

Rep. Jacobs moved that Reps. Daniels, Rison, Stallworth, Whitmer and Schermesser be excused from today's session.

The motion prevailed.

Rep. Vander Roest moved that Reps. Garcia, Tabor and Scranton be excused from today's session.

The motion prevailed.

Motions and Resolutions

Reps. Koetje, Mortimer, Kuipers, Kowall, Van Woerkom, Bishop, Vander Veen, Birkholz, Kooiman, Allen, Shackleton, Vear, Pappageorge, Newell, Meyer, Hager, Garcia, Vander Roest, Jacobs, Voorhees, Faunce, Julian, Jamnick, Ehardt, Mead, DeVuyst, Shulman, Ruth Johnson, Lipsey, Jelinek, Toy, Anderson, Plakas, Kolb, Richner, Cassis, Howell and Phillips offered the following resolution:

House Resolution No. 30.

A resolution to memorialize the Congress of the United States to amend federal law regarding eligibility for medical assistance by expanding the definition of "medically indigent" to include senior citizens under certain conditions.

Whereas, Eligibility for medical assistance is determined in federal and state law. Michigan's Social Welfare Act, 1939 PA 280, provides, in MCL § 400.106, that a person is considered medically indigent if the person lives alone, receives Family Independence Assistance, and has liquid or marketable assets of less than $1,500 ($2,000 for a two-person family), not including the value of the homestead, household effects, clothing, and certain property; and

Whereas, It is sound public policy to set a threshold for eligibility for medical services that is realistic in making it possible for a person to utilize medical service assistance as a temporary rather than permanent situation. A key step in this process would be to put in federal law a reasonable set of criteria for a senior citizen to be eligible for medical assistance; and

Whereas, Allowable asset ranges for a senior citizen need to reflect the realities of a senior citizen being able to accumulate assets while having less of an opportunity to recover resources in the later years of life. A limit of $7,500 is a reasonable level, one that may be able to help some senior citizens avoid lifelong dependency on public medical assistance; now, therefore, be it

Resolved by the House of Representatives, That we memorialize the Congress of the United States to amend federal law to provide that a senior citizen is considered medically indigent if the person is at least 65 years of age and has liquid or marketable assets of not more than $7,500, not including the value of the homestead, household effects, clothing, and other liquid or marketable assets as defined by federal and state laws and regulations; and be it further

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

The resolution was referred to the Committee on Health Policy.

Reps. Stamas, Hansen, Spade, Rivet, Vander Roest, Jacobs, Voorhees, Vear, Meyer, Faunce, Julian, Bovin, Adamini, Jamnick, Vander Veen, Ehardt, Mead, Pappageorge, DeVuyst, Hager, DeRossett, Newell, Kuipers, Shulman, Shackleton, Jelinek, Toy, Koetje, Gosselin, Caul, Anderson, Sheltrown, Plakas, Frank, Richner, Kooiman, Jansen, Van Woerkom, Cassis, Howell, Bishop and Birkholz offered the following resolution:

House Resolution No. 31.

A resolution honoring the Home Builders Association of Midland upon the occasion of their 40th anniversary of the founding of this business.

Whereas, It is with deep appreciation of the significance of this milestone that we commend the management and staff of the HBAM as they mark the 40th anniversary of the founding of this exemplary business. We are proud to recognize the important role that this enterprise has played in contributing to both the economic well-being of the area and the lives of countless citizens; and

Whereas, Since its founding on January 28, 1961, the Home Builders Association of Midland has become a vital element in helping Michigan grow and adapt to the needs in commerce and in all aspects of life in Midland. As a partner in the Midland County Habitat for Humanity "Blitz Build", they have made the dream of homeownership come true. They have also invested in our community through the Midland Endowed Scholarship Fund. These activities point to the commitment that HBAM has in the community as well as their dedication to the building industry; and

Whereas, In looking back over HBAM's 40 year history, it is clear that this business has set its course with a continuing look towards the future. While the changes of the marketplace dictate many of the decisions for any good company, the HBAM has also demonstrated the importance of looking beyond the balance sheet alone to include the ideas of its people and the role of the company in community life when making choices. We are grateful for all that the HBAM has contributed to Midland and all of Michigan; now, therefore, be it

Resolved by the House of Representatives, That the members of this legislative body commemorate the 40th anniversary of the Home Builders Association of Midland. We salute them on this happy occasion and wish them well in the years to come; and be it further

Resolved, That a copy of this resolution be transmitted to the Home Builders Association of Midland as a token of our esteem.

Pending the reference of the resolution to a committee,

Rep. Patterson moved that Rule 77 be suspended and the resolution be considered at this time.

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

The question being on the adoption of the resolution,

The resolution was adopted.

Reps. Kuipers, Gosselin, Vander Veen, Voorhees, Meyer, Julian, Van Woerkom, Vear, Kooiman, Ruth Johnson, Birkholz, Garcia, Bishop, Hager, Vander Roest, Ehardt, Mead, Pappageorge, Newell, Lipsey, Jelinek, Middaugh, Plakas, Jansen, Cassis and Cameron Brown offered the following concurrent resolution:

House Concurrent Resolution No. 6.

A concurrent resolution to oppose the approval of any new tribal-state gaming compacts.

Whereas, A new Secretary of the Interior has only recently been confirmed; and

Whereas, Neither the executive nor the legislative branches of the federal government has yet clearly defined how to resolve disputes between states and Indian tribes over gaming compacts; and

Whereas, The Thirtieth Circuit Court ruled in Taxpayers of Michigan Against Casinos v State of Michigan that legislative approval of gaming compacts by resolution is unconstitutional and must be achieved through statute; and

Whereas, The United States Supreme Court's decision in Seminole Tribe of Florida v Florida upheld the Eleventh Amendment and made unenforceable the right of tribal governments to bring suits against states in federal court for failure to negotiate in good faith; and

Whereas, Nothing exists in the Indian Gaming Regulatory Act of 1988 that bestows the Secretary of the Interior with the authority to allow tribal operation of Class III gaming and bypass the compact-development process established by law; and

Whereas, Approval of any new gaming compacts would be premature until a pending suit in United States District Court regarding our state's unwillingness to negotiate with the Potawatomi Tribe has been decided; now, therefore, be it

Resolved by the House of Representatives (the Senate concurring), That we oppose the approval of any new tribal-state gaming compacts until all pending court cases have been decided; and be it further

Resolved, That copies of this resolution be transmitted to the Office of the Governor and the United States Secretary of the Interior.

The concurrent resolution was referred to the Committee on Gaming and Casino Oversight.

Rep. Vander Veen offered the following concurrent resolution:

House Concurrent Resolution No. 7.

A concurrent resolution to urge the Centers for Disease Control and Prevention to take all possible steps to increase production and delivery of influenza vaccine for the 2000-2001 season.

Whereas, An important component of the nation's effort to preserve the public's health is the development and distribution each year of a vaccine against strains of influenza expected during the winter flu season. This vaccine-development process is especially important for certain population groups, including the elderly, those afflicted with chronic illnesses, and those with compromised immune systems. Immunization prevents a large number of deaths and costly illnesses each year; and

Whereas, There is a significant shortage of influenza vaccine this year. According to the Centers for Disease Control and Prevention (CDC), this change in availability is due to problems with the components of the vaccine and problems in manufacturing. As a result, the supply of the vaccine remains far short of the usual demand. The delay represents a genuine threat to the health of many citizens. Swift action is needed to address this problem; and

Whereas, While the CDC has taken steps to encourage vaccine manufacturers to increase production and hasten delivery to health departments, doctors, clinics, and hospitals, it is essential that all efforts be made to meet this challenge. The consequences of inadequate supplies could be far-reaching in costs to our state and nation; now, therefore, be it

Resolved by the House of Representatives (the Senate concurring), That we urge the Centers for Disease Control and Prevention to take all possible steps to increase production and delivery of influenza vaccine for the 2000-2001 season; and be it further

Resolved, That copies of this resolution be transmitted to the Centers for Disease Control and Prevention.

The concurrent resolution was referred to the Committee on Health Policy.

Reports of Standing Committees

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Wednesday, February 14, 2001, at 2:45 p.m.,

Present: Reps. Shulman, LaSata, Godchaux, Jansen, Jelinek, Kooiman, Mead, Newell, Pappageorge, Pumford, Stamas, Stewart, Frank, Rich Brown, Clarke, Lockwood, Pestka, Plakas, Stallworth, Switalski, Whitmer,

Absent: Reps. Cameron Brown, Caul, Mortimer, Shackleton, Toy, Vander Roest, Phillips, Reeves,

Excused: Reps. Cameron Brown, Caul, Mortimer, Shackleton, Toy, Vander Roest, Phillips, Reeves.

COMMITTEE ATTENDANCE REPORT

The following report, submitted by Rep. Richardville, Chair of the Committee on Veterans Affairs, was received and read:

Meeting held on: Thursday, February 15, 2001, at 9:00 a.m.,

Present: Reps. Richardville, Allen, Patterson, Mans, Woodward,

Absent: Reps. Woronchak, Schermesser,

Excused: Reps. Woronchak, Schermesser.

COMMITTEE ATTENDANCE REPORT

The following report, submitted by Rep. DeVuyst, Chair of the Committee on Conservation and Outdoor Recreation, was received and read:

Meeting held on: Thursday, February 15, 2001, at 10:30 a.m.,

Present: Reps. DeVuyst, Bradstreet, Kowall, Rocca, Voorhees, Callahan, Basham, Garza, Sheltrown,

Absent: Reps. Tabor, Garcia,

Excused: Reps. Tabor, Garcia.

COMMITTEE ATTENDANCE REPORT

The following report, submitted by Rep. Patterson, Chair of the Committee on Redistricting and Elections, was received and read:

Meeting held on: Thursday, February 15, 2001, at 10:30 a.m.,

Present: Reps. Patterson, Richner, Allen, Bishop, Cassis, Hart, Quarles, Jamnick, Lemmons.

Announcement by the Clerk of Printing and Enrollment

The Clerk announced that the following bill had been printed and placed upon the files of the members, Tuesday, February 13, 2001:

Senate Bill No. 199

The Clerk announced that the following Senate bills had been received on Thursday, February 15:

Senate Bill Nos. 1 38 67 70 71 72 73 74 75 103 104 150

Communications from State Officers

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

February 14, 2001

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

Performance and Financial Audit of the

Michigan State Fair and Exposition Center

Department of Agriculture

October 1, 1998 through September 30, 1999

Sincerely,

Thomas H. McTavish, C.P.A.

Auditor General

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

Introduction of Bills

Reps. Gosselin, Garcia, Voorhees, Birkholz, Ehardt, Meyer,Vander Roest, Bishop, Vear and Jansen introduced

House Bill No. 4252, entitled

A bill to require certain labor organizations to obtain an individual's written authorization on a specified form before using certain dues or fees paid by the individual for political, social, charitable, or other activities that are not related to collective bargaining, contract administration, or grievance processing; to impose certain duties on certain departments; and to provide for penalties and remedies.

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

Reps. Stamas, Godchaux, Mead, Shackleton, Stewart, Jelinek, Vander Roest, Kooiman, Jansen, Mortimer, Pappageorge, Cameron Brown and Shulman introduced

House Bill No. 4253, entitled

A bill to make appropriations for community colleges and certain state purposes related to education for the fiscal year ending September 30, 2002; 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.