No. 32

STATE OF MICHIGAN

JOURNAL

OF THE

House of Representatives

91st Legislature

REGULAR SESSION OF 2001

House Chamber, Lansing, Wednesday, April 25, 2001.

2:00 p.m.

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--present

Dennis--present

DeRossett--present

DeVuyst--present

DeWeese--e/d/s

Drolet--present

Ehardt--present

Faunce--present

Frank--present

Garza--present

George--present

Gieleghem--present

Gilbert--present

Godchaux--present

Gosselin--present

Hager--present

Hale--present

Hansen--present

Hardman--present

Hart--present

Howell--present

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--excused

Pappageorge--present

Patterson--present

Pestka--present

Phillips--present

Plakas--present

Pumford--present

Quarles--excused

Raczkowski--present

Reeves--present

Richardville--present

Richner--present

Rison--present

Rivet--present

Rocca--present

Sanborn--present

Schauer--present

Schermesser--present

Scranton--present

Shackleton--present

Sheltrown--present

Shulman--present

Spade--present

Stallworth--excused

Stamas--present

Stewart--present

Switalski--present

Tabor--present

Thomas--present

Toy--present

Vander Roest--present

Vander Veen--present

Van Woerkom--present

Vear--present

Voorhees--present

Waters--present

Whitmer--present

Williams--present

Wojno--present

Woodward--present

Woronchak--present

Zelenko--present

e/d/s = entered during session

Rep. Patricia Godchaux, from the 40th District, offered the following invocation:

"In honor of the survivors of the Holocaust that were here today for the ceremony in the rotunda, and all survivors of all Holocausts around the world, I offer opening words from a song sung at noon today. 'The day is short, the task is great. You are not obligated to complete the task, but neither are you free to withdraw from it.'"

______

Rep. Jacobs moved that Reps. O'Neil, Quarles and Stallworth be excused from today's session.

The motion prevailed.

Third Reading of Bills

House Bill No. 4016, entitled

A bill to amend 1976 PA 388, entitled "Michigan campaign finance act," by amending section 50 (MCL 169.250), as added by 1994 PA 385.

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

Roll Call No. 123 Yeas--78

 

Adamini	Ehardt	Kowall	Rocca
Allen	Faunce	LaSata	Sanborn
Anderson	Frank	Mans	Schauer
Basham	Garza	Mead	Schermesser
Bernero	George	Meyer	Shackleton
Birkholz	Gieleghem	Middaugh	Sheltrown
Bishop	Gosselin	Minore	Shulman
Bogardus	Hansen	Neumann	Spade
Bradstreet	Hart	Newell	Stamas
Brown, B.	Howell	Pappageorge	Switalski
Brown, C.	Jacobs	Patterson	Tabor
Brown, R.	Jamnick	Pestka	Thomas
Callahan	Jansen	Plakas	Toy
Cassis	Jelinek	Pumford	Vander Roest
Caul	Johnson, Rick	Raczkowski	Vear
Clark, I.	Johnson, Ruth	Richardville	Waters
Clarke, H.	Julian	Richner	Whitmer
Dennis	Kilpatrick	Rison	Williams
DeRossett	Kolb	Rivet	Woodward

Drolet Kooiman

Nays--24

 

Bisbee	Hager	Lockwood	Scranton
Bovin	Hale	McConico	Van Woerkom
Daniels	Hardman	Mortimer	Vander Veen
DeVuyst	Koetje	Murphy	Voorhees
Gilbert	Kuipers	Phillips	Woronchak
Godchaux	Lipsey	Reeves	Zelenko

In The Chair: Ehardt

The House agreed to the title of the bill.

Reps. Bernero, Birkholz, Ehardt, Gieleghem, Raczkowski, Schauer and Schermesser were named co-sponsors of the bill.

Rep. DeWeese entered the House Chambers.

Rep. Vander Roest moved that Rep. Faunce be excused temporarily from today's session.

The motion prevailed.

Rep. Rison, under Rule 33, made the following statement:

"Mr. Speaker and members of the House:

I was absent from the Chamber when the vote was taken on Roll Call Nos. 121 and 122. Had I been present, I would have voted 'yea'."

Rep. Clark, under Rule 33, made the following statement:

"Mr. Speaker and members of the House:

I was absent from the Chamber when the vote was taken on Roll Call Nos. 121 and 122. Had I been present, I would have voted 'yea'."

Rep. Phillips, under Rule 33, made the following statement:

"Mr. Speaker and members of the House:

I was absent from the Chamber when the vote was taken on Roll Call Nos. 121 and 122. Had I been present, I would have voted 'yea'."

Second Reading of Bills

House Bill No. 4029, entitled

A bill to amend 1956 PA 218, entitled "The insurance code of 1956," by amending section 2117 (MCL 500.2117), as amended by 1980 PA 461.

Was read a second time, and the question being on the adoption of the proposed substitute (H-1) previously recommended by the Committee on Insurance and Financial Services,

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

Rep. Woodward moved to amend the bill as follows:

1. Amend page 3, line 18, after "TOTALING" by striking out "$1,500.00" and inserting "$2,000.00".

2. Amend page 3, line 21, after "TOTALING" by striking out "$2,000.00" and inserting "$2,500.00".

The question being on the adoption of the amendments offered by Rep. Woodward,

Rep. Woodward demanded the yeas and nays.

The demand was supported.

The question being on the adoption of the amendments offered by Rep. Woodward,

The amendments were not adopted, a majority of the members serving not voting therefor, by yeas and nays, as follows:

Roll Call No. 124 Yeas--52

 

Adamini	Frank	Mans	Scranton
Anderson	Garza	McConico	Sheltrown
Basham	Gieleghem	Minore	Spade
Bernero	Hale	Murphy	Stewart
Bogardus	Hansen	Neumann	Switalski
Bovin	Hardman	Pestka	Thomas
Brown, B.	Jacobs	Phillips	Waters
Brown, R.	Jamnick	Plakas	Whitmer
Callahan	Kilpatrick	Reeves	Williams
Clark, I.	Kolb	Rison	Wojno
Clarke, H.	Lemmons	Rivet	Woodward
Daniels	Lipsey	Schauer	Woronchak
Dennis	Lockwood	Schermesser	Zelenko

Nays--53

 

Allen	Gilbert	Kowall	Richner
Birkholz	Godchaux	Kuipers	Rocca
Bisbee	Gosselin	LaSata	Sanborn
Bishop	Hager	Mead	Shackleton
Bradstreet	Hart	Meyer	Shulman
Brown, C.	Howell	Middaugh	Stamas
Cassis	Jansen	Mortimer	Tabor
Caul	Jelinek	Newell	Toy
DeRossett	Johnson, Rick	Pappageorge	Van Woerkom
DeVuyst	Johnson, Ruth	Patterson	Vander Roest
DeWeese	Julian	Pumford	Vander Veen
Drolet	Koetje	Raczkowski	Vear
Ehardt	Kooiman	Richardville	Voorhees

George

In The Chair: Ehardt

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

The motion prevailed.

House Bill No. 4247, entitled

A bill to amend 1931 PA 328, entitled "The Michigan penal code," (MCL 750.1 to 750.568) by adding section 506d.

The bill was read a second time.

Rep. Kowall moved to amend the bill as follows:

1. Amend page 1, line 8, after "(2)." by inserting "FINES DO NOT INCLUDE COURT COSTS OR OTHER ASSESSMENTS.".

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

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

The motion prevailed.

______

Rep. Patterson moved that House Committees be given leave to meet during the balance of today's session.

The motion prevailed.

By unanimous consent the House returned to the order of

Motions and Resolutions

Reps. Shulman, Pestka, Jacobs, Richardville, Patterson, Van Woerkom, Caul, Thomas, Howell, Schermesser, Ehardt, Pappageorge, LaSata, Julian, Hale, Frank, Hansen, Mead, DeRossett, Bradstreet, Spade, Kilpatrick, Faunce, Gosselin, Birkholz, Raczkowski, Switalski, Zelenko, Jelinek, DeVuyst, Middaugh, Stamas, Kuipers, Lockwood, Kolb, Anderson, Neumann, Minore, Adamini, Bovin, Waters, Schauer, Drolet, Gieleghem, Bogardus, Hager, Voorhees, Rison, Woronchak, Scranton, Jamnick, McConico, Vander Veen, Toy, Shackleton, Bishop, Whitmer, Rich Brown, Lipsey, Wojno, Murphy, Kowall, Jansen, Cassis, Phillips, Kooiman, George, Meyer, Lemmons, Stewart, Godchaux, Vear, Richner, Allen, Rocca, Plakas, Koetje, Vander Roest and Clarke offered the following resolution:

House Resolution No. 92.

A resolution to establish Holocaust remembrance week in the state of Michigan.

Whereas, The legislature recognizes that the horrors of the Holocaust should never be forgotten. The Holocaust was the state-sponsored, systematic persecution and annihilation of European Jewry by Nazi Germany and its collaborators between 1933 and 1945. In addition to the murder of some 6,000,000 Jews, millions more, including the handicapped, Poles, Gypsies, homosexuals, Jehovah's Witnesses, prisoners of war, and political dissidents, also suffered grievous oppression and death under Nazi tyranny; and

Whereas, A key date in the history of the Holocaust is April 19, 1943, the beginning of the Warsaw ghetto uprising, when Jews, using homemade bombs and stolen or bartered weapons, resisted death camp deportation by the Nazis for 27 days. This date, which in the Hebrew calendar is the twenty-seventh day of Nisan, has been established by the United States congress as a national Holocaust remembrance day, and the week surrounding this date has been established as the Days of Remembrance; and

Whereas, The legislature declares that the twenty-seventh day of the month of Nisan in the Hebrew calendar shall be Holocaust remembrance day, and that the period beginning on the Sunday before that day through the following Sunday shall be the Days of Remembrance in this state, in memory of the victims of the Holocaust, and in honor of the survivors, as well as the rescuers and liberators; and

Whereas, The legislature encourages individuals, educational institutions, and social, community, religious, labor and business organizations to pause on Holocaust remembrance day and during the Days of Remembrance and reflect upon the terrible events of the Holocaust, so that as a society we will remain vigilant against hatred, persecution, and tyranny and actively rededicate ourselves to the principles of individual freedom in a just society; now, therefore, be it

Resolved by the House of Representatives, That this legislative body establish Holocaust remembrance week in the state of Michigan.

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. Phillips, McConico, Plakas, Daniels, Jamnick, Rison, Anderson, Bob Brown, Hale, Minore, Kolb, Neumann, Quarles, Clark, Kilpatrick, Thomas, Schauer, Van Woerkom, Caul, Howell, Schermesser, Ehardt, Pappageorge, LaSata, Julian, Frank, Hansen, Mead, DeRossett, Spade, Faunce, Birkholz, Raczkowski, Switalski, Zelenko, Jacobs, Lockwood, Adamini, Bovin, Waters, Gieleghem, Bogardus, Hager, Voorhees, Scranton, Shulman, Toy, Bishop, Whitmer, Rich Brown, Lipsey, Wojno, Murphy, Kowall, Jansen, Reeves, Hardman, Kooiman, Meyer, Lemmons, Stewart, Godchaux, Vear, Richner and Clarke offered the following resolution:

House Resolution No. 93.

A resolution honoring the Lighthouse of Oakland County, Inc. on the dedication and celebration of its new Pontiac building, "The Robert H. & Mary G. Flint Campus of Caring".

Whereas, Lighthouse began as an ecumenical ministry 30 years ago to help low income families and seniors in need. Today it stands as an independent agency providing a continuum of a full range of human services that move people from poverty and crisis to independence and self-sufficiency. Lighthouse helps people find permanent solutions to the problems faced by those in need; and

Whereas, Lighthouse of Oakland County Inc. and its subsidiaries, Lighthouse Emergency Services, Lighthouse PATH, and Lighthouse Community Development, help many children, families, and seniors because of the selfless donation of time and other contributions by hundreds of individuals and organizations; and

Whereas, Lighthouse attributes much of its success to its large volunteer staff. Lighthouse of Oakland County, Inc. and its subsidiaries collaborate with churches, community organizations, businesses, and individuals to accomplish the efficient provision of quality programs and community planning and education. In 1990, the valuable support of Lighthouse volunteers was recognized when President Bush awarded the volunteers the 376th Point of Light for their outstanding community service; and

Whereas, In 1991, Lighthouse received the USC Executive Director of the Year Award, and in 1993, Lighthouse PATH received the Richard F. Huegli award for Program Excellence. In 1994, Lighthouse was voted first runner-up and in 1997 was voted number one by Crain's Detroit Business for being the best managed nonprofit organization; now, therefore, be it

Resolved by the House of Representatives, That we commend Lighthouse of Oakland County, Inc. for the services they have given over the last thirty years; and be it further

Resolved, That a copy of this resolution be transmitted to Lighthouse of Oakland County, Inc. and its subsidiaries, Lighthouse Emergency Services, Lighthouse PATH, and Lighthouse Community Development as a token of our high 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.

Reports of Standing Committees

The Committee on Senior Health, Security and Retirement, by Rep. Voorhees, Chair, reported

House Bill No. 4057, entitled

A bill to amend 1978 PA 368, entitled "Public health code," by amending sections 20165 and 20175 (MCL 333.20165 and 333.20175), section 20165 as amended by 1998 PA 108 and section 20175 as amended by 2000 PA 319, and by adding section 20173.

With the recommendation that the substitute (H-2) be adopted and that the bill then pass.

The bill and substitute were referred to the order of Second Reading of Bills.

Favorable Roll Call

HB 4057 To Report Out:

Yeas: Reps. Voorhees, Woronchak, Cassis, Kuipers, Vear, Williams, Bovin, Spade, Zelenko,

Nays: None.

The Committee on Senior Health, Security and Retirement, by Rep. Voorhees, Chair, reported

House Bill No. 4453, entitled

A bill to amend 1979 PA 218, entitled "Adult foster care facility licensing act," (MCL 400.701 to 400.737) by adding section 34a.

With the recommendation that the substitute (H-2) be adopted and that the bill then pass.

The bill and substitute were referred to the order of Second Reading of Bills.

Favorable Roll Call

HB 4453 To Report Out:

Yeas: Reps. Voorhees, Woronchak, Cassis, Kuipers, Vear, Williams, Bovin, Spade, Zelenko,

Nays: None.

COMMITTEE ATTENDANCE REPORT

The following report, submitted by Rep. Voorhees, Chair of the Committee on Senior Health, Security and Retirement, was received and read:

Meeting held on: Tuesday, April 24, 2001, at 10:30 a.m.,

Present: Reps. Voorhees, Woronchak, Cassis, Kuipers, Vear, Williams, Bovin, Spade, Zelenko.

COMMITTEE ATTENDANCE REPORT

The following report, submitted by Rep. Bradstreet, Chair of the Committee on Energy and Technology, was received and read:

Meeting held on: Wednesday, April 25, 2001, at 9:00 a.m.,

Present: Reps. Bradstreet, Middaugh, Birkholz, Bisbee, Bishop, Cassis, Howell, Kowall, Richardville, Rivet, Bovin, Bob Brown, Daniels, Schauer, Thomas, Woodward,

Absent: Rep. Vander Veen,

Excused: Rep. Vander Veen.

COMMITTEE ATTENDANCE REPORT

The following report, submitted by Rep. Patterson, Chair of the Committee on House Oversight and Operations, was received and read:

Meeting held on: Wednesday, April 25, 2001, at 10:30 a.m.,

Present: Reps. Patterson, Howell, Kuipers, Jacobs, Lipsey.

COMMITTEE ATTENDANCE REPORT

The following report, submitted by Rep. Cassis, Chair of the Committee on Tax Policy, was received and read:

Meeting held on: Wednesday, April 25, 2001, at 10:30 a.m.,

Present: Reps. Cassis, Vear, Drolet, Faunce, Gosselin, Kowall, Meyer, Newell, Woronchak, Quarles, Basham, Bob Brown, Hale, Minore, Wojno,

Absent: Reps. Richardville, O'Neil,

Excused: Reps. Richardville, O'Neil.

Announcement by the Clerk of Printing and Enrollment

The Clerk announced that the following bills had been printed and placed upon the files of the members, Thursday, April 19:

Senate Bill Nos. 376 377 378 379 380 381 382 383 384 385 386 387 388 389 390 391 392 393 394 395

The Clerk announced that the following bills had been printed and placed upon the files of the members, Friday, April 20:

Senate Bill Nos. 396 397 398 399 400 401 402 403 404 405 406 407 408 409 410 411 412

The Clerk announced that the following bills had been printed and placed upon the files of the members, Wednesday, April 25:

House Bill Nos.	4639	4640	4641	4642	4643	4644	4645	4646	4647	4648	4649	4650	4651	4652
	4653	4654	4655	4656	4657	4658	4659	4660	4661	4662	4663	4664	4665	4666
	4667	4668	4669	4670	4671

The Clerk announced that the following Senate bills had been received on Wednesday, April 25:

Senate Bill Nos. 256 362

By unanimous consent the House returned to the order of

Messages from the Senate

Senate Bill No. 256, entitled

A bill to amend 1998 PA 58, entitled "Michigan liquor control code of 1998," by amending section 1027 (MCL 436.2027).

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. 362, entitled

A bill to amend 1949 PA 300, entitled "Michigan vehicle code," by amending section 675 (MCL 257.675), as amended by 1999 PA 34.

The Senate has passed the bill.

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

Notices

April 25, 2001

Mr. Gary L. Randall

Clerk of the House

State Capitol Building

Lansing, Michigan 48913

Dear Mr. Randall:

Please make note in your records that Representative Laura Toy is removed from the Appropriations Subcommittee on Judiciary and replaced by Representative Marc Shulman.

Thank you for your attention to this matter.

Sincerely,

Rick Johnson

Speaker of the House

Introduction of Bills

Reps. Hansen, Raczkowski, Garcia, Basham, O'Neil, Woodward, Gieleghem, Rocca, Rivet, Patterson, Howell, Wojno, Newell, Minore, Pumford, Kilpatrick, Van Woerkom, Hager, DeRossett, Bovin, Dennis, Clark, Sanborn, Ruth Johnson, Jamnick, Kolb, Thomas, Callahan, Zelenko, Bernero, Waters, Rich Brown, McConico, Switalski, Anderson, Clarke, Phillips, Whitmer, Lockwood, Rison, Kuipers, Murphy, Lipsey, Faunce, Stamas, Lemmons, Middaugh, Drolet, Shulman, Godchaux, Stallworth, Plakas, Adamini, Jacobs, Richardville, Neumann, Williams, Kowall, Mans, Sheltrown, Spade, Richner, Pestka, Quarles, Jelinek, Reeves, Schauer, Garza, Mead, Pappageorge, Bogardus, Schermesser, Frank, Julian, Caul, Stewart, Koetje, Cameron Brown, Hardman, Bob Brown, Hart, Gosselin, Bisbee, DeWeese, Woronchak, George, Jansen, Allen, DeVuyst, Shackleton, Meyer, Gilbert, Toy, Birkholz, Hale, Bradstreet, Daniels, Ehardt, Scranton, Vander Roest, Bishop, Vear, Cassis, Kooiman, Mortimer, LaSata, Tabor, Vander Veen, Voorhees and Rick Johnson introduced

House Bill No. 4672, entitled

A bill to amend 1976 PA 451, entitled "The revised school code," (MCL 380.1 to 380.1852) by adding section 1178a.

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

Rep. O'Neil introduced

House Bill No. 4673, entitled

A bill to amend 1953 PA 232, entitled "An act to revise, consolidate, and codify the laws relating to probationers and probation officers, to pardons, reprieves, commutations, and paroles, to the administration of correctional institutions, correctional farms, and probation recovery camps, to prisoner labor and correctional industries, and to the supervision and inspection of local jails and houses of correction; to provide for the siting of correctional facilities; to create a state department of corrections, and to prescribe its powers and duties; to provide for the transfer to and vesting in said department of powers and duties vested by law in certain other state boards, commissions, and officers, and to abolish certain boards, commissions, and offices the powers and duties of which are transferred by this act; to allow for the operation of certain facilities by private entities; to prescribe the powers and duties of certain other state departments and agencies; to provide for the creation of a local lockup advisory board; to prescribe penalties for the violation of the provisions of this act; to make certain appropriations; to repeal certain parts of this act on specific dates; and to repeal all acts and parts of acts inconsistent with the provisions of this act," by amending section 65 (MCL 791.265), as amended by 1998 PA 512.

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

______

Rep. Richardville moved that the House adjourn.

The motion prevailed, the time being 3:20 p.m.

Associate Speaker Pro Tempore Ehardt declared the House adjourned until Thursday, April 26, at 12:00 Noon.

GARY L. RANDALL

Clerk of the House of Representatives.