No. 37
STATE OF MICHIGAN
JOURNAL
OF THE
House of Representatives
91st Legislature
REGULAR SESSION OF 2001
House Chamber, Lansing, Tuesday, May 8, 2001.
2:00 p.m.
The House was called to order by Associate Speaker Pro Tempore Julian.
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--excused
Cassis--present
Caul--present
Clark--present
Clarke--present
Daniels--present
Dennis--present
DeRossett--present
DeVuyst--present
DeWeese--present
Drolet--present
Ehardt--present
Faunce--present
Frank--present
Garza--excused
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--present
Rivet--present
Rocca--present
Sanborn--present
Schauer--present
Schermesser--present
Scranton--present
Shackleton--present
Sheltrown--present
Shulman--present
Spade--present
Stallworth--present
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--excused
Woodward--present
Woronchak--present
Zelenko--present
e/d/s = entered during session
Rev. Dennis McMurray, Pastor of the Renaissance Church of God in Christ in Grand Rapids, offered the following invocation:
"Father God, today we are most thankful for the gift of life that You have once again blessed us with. We are thankful for the opportunities and the resources that You have given us stewardship over, both as individuals and residents of this great state of Michigan and the United States of America.
Today, Father, I pray for these members of the Michigan House of Representatives. I pray that You would bless them in their awesome responsibility of overseeing and managing the affairs of the people of Michigan. I ask Your continued favor upon these men and women. I ask You to strengthen them in their governmental endeavors and encourage and bless their spouses and families for the great sacrifice that they make daily. I pray that You would grant Your divine wisdom and insight as they serve the people of our society. Let them work in harmony, walk in unity, and serve with clarity, purpose, and effectiveness. As You granted Solomon the wisdom and the knowledge to lead Your people, I pray that You do the same for these, our state representatives. Continue to bless our Governor, our President, and Your people everywhere. In Christ's name, we pray. Amen."
______
Rep. Jacobs moved that Reps. Callahan, Garza and Wojno be excused from today's session.
The motion prevailed.
The Speaker Pro Tempore assumed the Chair.
Reports of Standing Committees
The Speaker laid before the House
House Concurrent Resolution No. 26.
A concurrent resolution to establish a special joint committee to evaluate the Michigan State Fairgrounds and the pending sale of adjacent property.
(For text of resolution, see House Journal No. 27, p. 372.)
(The concurrent resolution was reported by the Committee on Appropriations on April 26, consideration of which, under the rules, was postponed until April 27.)
The question being on the adoption of the concurrent resolution,
Rep. Pumford moved to substitute (H-1) the resolution.
Substitute for House Concurrent Resolution No. 26.
A concurrent resolution to establish a special joint committee to evaluate the Michigan State Fairgrounds and the pending sale of adjacent property.
Whereas, In recent years, the facilities and lands of the Michigan State Fairgrounds have been the focus of public attention. There have been numerous proposals for the facilities and for development of the grounds and nearby property; and
Whereas, These proposals have included discussions of a cultural and economic center, an industrial park, horse and auto racing facilities, and other development ideas. Some proposals have centered around the Michigan State Fair; and
Whereas, A 36-acre parcel of land adjacent to the Michigan State Fairgrounds has generated considerable interest and speculation of late. This parcel was purchased by the state through a Department of Natural Resources trust fund, and was sold to a private entrepreneur for approximately $6.1 million less than one year ago. Within several months, this party agreed to sell it to a developer for $10.5 million. The latest reports indicate that the Detroit Public Schools may buy the property for $17 million as part of a deal that may include selling part of the acreage to a major retailer; and
Whereas, With the whirl of activities and uncertainties surrounding the sale of this property, the public resources and money that may be involved, and long-term ramifications for the Michigan State Fair, it is imperative that this situation be monitored and evaluated; now, therefore, be it
Resolved by the House of Representatives (the Senate concurring), That there be created a special joint committee to evaluate the Michigan State Fairgrounds and the pending sale of adjacent property. The special joint committee shall consist of three members of the House of Representatives appointed in the same manner as standing committees are appointed and three members from the Senate appointed in the same manner as standing committees are appointed. Responsibilities for chairing the meetings of the special joint committee will alternate between the chair from the House and the chair from the Senate. The special joint committee will report its findings and any recommendations by June 30, 2001.
The motion prevailed and the substitute (H-1) was adopted, a majority of the members serving voting therefor.
The question being on the adoption of the concurrent resolution,
The concurrent resolution was adopted.
The Speaker laid before the House
Senate Concurrent Resolution No. 11.
A concurrent resolution to establish a special joint committee to evaluate the Michigan State Fairgrounds and the pending sale of adjacent property.
(For text of resolution, see House Journal No. 27, p. 374.)
(The concurrent resolution was reported by the Committee on Appropriations on April 26, consideration of which, under the rules, was postponed until April 27.)
The question being on the adoption of the concurrent resolution,
Rep. Pumford moved to substitute (H-1) the resolution.
Substitute for Senate Concurrent Resolution No. 11.
A concurrent resolution to establish a special joint committee to evaluate the Michigan State Fairgrounds and the pending sale of adjacent property.
Whereas, In recent years, the facilities and lands of the Michigan State Fairgrounds have been the focus of public attention. There have been numerous proposals for the facilities and for development of the grounds and nearby property; and
Whereas, These proposals have included discussions of a cultural and economic center, an industrial park, horse and auto racing facilities, and other development ideas. Some proposals have centered around the Michigan State Fair; and
Whereas, A 36-acre parcel of land adjacent to the Michigan State Fairgrounds has generated considerable interest and speculation of late. This parcel was purchased by the state through a Department of Natural Resources trust fund, and was sold to a private entrepreneur for approximately $6.1 million less than one year ago. Within several months, this party agreed to sell it to a developer for $10.5 million. The latest reports indicate that the Detroit Public Schools may buy the property for $17 million as part of a deal that may include selling part of the acreage to a major retailer; and
Whereas, With the whirl of activities and uncertainties surrounding the sale of this property, the public resources and money that may be involved, and long-term ramifications for the Michigan State Fair, it is imperative that this situation be monitored and evaluated; now, therefore, be it
Resolved by the House of Representatives (the Senate concurring), That there be created a special joint committee to evaluate the Michigan State Fairgrounds and the pending sale of adjacent property. The special joint committee shall consist of three members of the House of Representatives appointed in the same manner as standing committees are appointed and three members from the Senate appointed in the same manner as standing committees are appointed. Responsibilities for chairing the meetings of the special joint committee will alternate between the chair from the House and the chair from the Senate. The special joint committee will report its findings and any recommendations by June 30, 2001.
The motion prevailed and the substitute (H-1) was adopted, a majority of the members serving voting therefor.
The question being on the adoption of the concurrent resolution,
The concurrent resolution was adopted.
Third Reading of Bills
House Bill No. 4540, entitled
A bill to amend 1933 PA 167, entitled "General sales tax act," by amending section 17 (MCL 205.67), as amended by 2000 PA 242.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 137 Yeas--106
| Adamini | George | Lockwood | Sanborn |
| Allen | Gieleghem | Mans | Schauer |
| Anderson | Gilbert | McConico | Schermesser |
| Basham | Godchaux | Mead | Scranton |
| Bernero | Gosselin | Meyer | Shackleton |
| Birkholz | Hager | Middaugh | Sheltrown |
| Bisbee | Hale | Minore | Shulman |
| Bishop | Hansen | Mortimer | Spade |
| Bogardus | Hardman | Murphy | Stallworth |
| Bovin | Hart | Neumann | Stamas |
| Bradstreet | Howell | Newell | Stewart |
| Brown, B. | Jacobs | O'Neil | Switalski |
| Brown, C. | Jamnick | Pappageorge | Tabor |
| Brown, R. | Jansen | Patterson | Thomas |
| Cassis | Jelinek | Pestka | Toy |
| Caul | Johnson, Rick | Phillips | Van Woerkom |
| Clark, I. | Johnson, Ruth | Plakas | Vander Roest |
| Clarke, H. | Julian | Pumford | Vander Veen |
| Daniels | Kilpatrick | Quarles | Vear |
| Dennis | Koetje | Raczkowski | Voorhees |
| DeRossett | Kolb | Reeves | Waters |
| DeVuyst | Kooiman | Richardville | Whitmer |
| DeWeese | Kowall | Richner | Williams |
| Drolet | Kuipers | Rison | Woodward |
| Ehardt | LaSata | Rivet | Woronchak |
| Faunce | Lemmons | Rocca | Zelenko |
Frank Lipsey
Nays--0
In The Chair: Birkholz
The House agreed to the title of the bill.
Rep. Patterson moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
House Bill No. 4547, entitled
A bill to authorize the department of natural resources to convey certain state owned property in Macomb county; to prescribe conditions for the conveyance; and to provide for disposition of the revenue from the conveyance.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 138 Yeas--104
| Adamini | Frank | Lemmons | Sanborn |
| Allen | George | Lipsey | Schauer |
| Anderson | Gieleghem | Lockwood | Schermesser |
| Basham | Gilbert | Mans | Scranton |
| Bernero | Godchaux | McConico | Shackleton |
| Birkholz | Gosselin | Mead | Sheltrown |
| Bisbee | Hager | Meyer | Shulman |
| Bishop | Hale | Middaugh | Spade |
| Bogardus | Hansen | Minore | Stallworth |
| Bovin | Hardman | Mortimer | Stamas |
| Bradstreet | Hart | Murphy | Stewart |
| Brown, B. | Howell | Neumann | Switalski |
| Brown, C. | Jacobs | Newell | Tabor |
| Brown, R. | Jamnick | O'Neil | Thomas |
| Cassis | Jansen | Pappageorge | Toy |
| Caul | Jelinek | Patterson | Van Woerkom |
| Clark, I. | Johnson, Rick | Pestka | Vander Roest |
| Clarke, H. | Johnson, Ruth | Phillips | Vander Veen |
| Daniels | Julian | Plakas | Vear |
| Dennis | Kilpatrick | Pumford | Voorhees |
| DeRossett | Koetje | Raczkowski | Waters |
| DeVuyst | Kolb | Reeves | Whitmer |
| DeWeese | Kooiman | Richardville | Williams |
| Drolet | Kowall | Richner | Woodward |
| Ehardt | Kuipers | Rivet | Woronchak |
| Faunce | LaSata | Rocca | Zelenko |
Nays--0
In The Chair: Birkholz
The House agreed to the title of the bill.
Rep. Patterson 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. 4617, entitled
A bill to amend 1976 PA 451, entitled "The revised school code," by amending section 1285a (MCL 380.1285a), as added by 1996 PA 285.
Was read a second time, and the question being on the adoption of the proposed substitute (H-1) previously recommended by the Committee on Education,
The substitute (H-1) was adopted, a majority of the members serving voting therefor.
Rep. Bogardus moved to amend the bill as follows:
1. Amend page 2, following line 23, by inserting:
"(C) A TELEPHONE SHALL BE AVAILABLE, OPERABLE, AND ACCESSIBLE IN THE ROOM DURING THE HOURS THAT THE CENTER IS IN OPERATION. PAY TELEPHONES SHALL NOT BE CONSIDERED AS MEETING THIS REQUIREMENT. EMERGENCY TELEPHONE NUMBERS, INCLUDING FIRE, POLICE, POISON CONTROL CENTER, AND AMBULANCE, SHALL BE CONSPICUOUSLY POSTED IMMEDIATELY ADJACENT TO THE TELEPHONE." and relettering the remaining subsections.
The question being on the adoption of the amendment offered by Rep. Bogardus,
Rep. Bogardus demanded the yeas and nays.
The demand was supported.
The question being on the adoption of the amendment offered by Rep. Bogardus,
The amendment was not adopted, a majority of the members serving not voting therefor, by yeas and nays, as follows:
Roll Call No. 139 Yeas--46
| Adamini | Frank | McConico | Schauer |
| Anderson | Gieleghem | Minore | Schermesser |
| Basham | Hale | Murphy | Sheltrown |
| Bernero | Hansen | Neumann | Spade |
| Bogardus | Hardman | Pestka | Stallworth |
| Bovin | Jacobs | Phillips | Thomas |
| Brown, B. | Jamnick | Plakas | Waters |
| Brown, R. | Kilpatrick | Quarles | Whitmer |
| Clark, I. | Kolb | Reeves | Williams |
| Clarke, H. | Lemmons | Rison | Woodward |
| Daniels | Lipsey | Rivet | Zelenko |
Dennis Lockwood
Nays--58
| Allen | Godchaux | Mans | Scranton |
| Birkholz | Gosselin | Mead | Shackleton |
| Bisbee | Hager | Meyer | Shulman |
| Bishop | Hart | Middaugh | Stamas |
| Bradstreet | Howell | Mortimer | Stewart |
| Brown, C. | Jansen | Newell | Switalski |
| Cassis | Jelinek | Pappageorge | Tabor |
| Caul | Johnson, Rick | Patterson | Toy |
| DeRossett | Johnson, Ruth | Pumford | Van Woerkom |
| DeWeese | Julian | Raczkowski | Vander Roest |
| Drolet | Koetje | Richardville | Vander Veen |
| Ehardt | Kooiman | Richner | Vear |
| Faunce | Kowall | Rocca | Voorhees |
| George | Kuipers | Sanborn | Woronchak |
Gilbert LaSata
In The Chair: Birkholz
Reps. Jacobs and Bradstreet moved to amend the bill as follows:
1. Amend page 3, line 25, after "WITH" by striking out "ALL STATE REQUIREMENTS." and inserting "THIS SECTION.".
The motion prevailed and the amendment was adopted, a majority of the members serving voting therefor.
Rep. Jacobs moved to amend the bill as follows:
1. Amend page 2, line 15, after "TO" by striking out "6" and inserting "8".
The motion prevailed and the amendment was adopted, a majority of the members serving voting therefor.
Rep. Minore moved to amend the bill as follows:
1. Amend page 2, line 14, after "OPERATES" by striking out "OR CONTRACTS FOR THE OPERATION OF".
2. Amend page 2, following line 20, by inserting:
"(B) THE PROGRAM SHALL BE STAFFED AND OPERATED BY EMPLOYEES OF THE SCHOOL DISTRICT OR INTERMEDIATE SCHOOL DISTRICT." and relettering the remaining subdivisions.
3. Amend page 2, line 24, after "(C)" by striking out the balance of the line through "PROGRAM," on line 25.
4. Amend page 3, line 2, after "TEACHER." by striking out the balance of the subdivision and inserting "THE DEPARTMENT OF STATE POLICE SHALL PROVIDE INFORMATION TO A SCHOOL DISTRICT OR INTERMEDIATE SCHOOL DISTRICT REQUESTING INFORMATION UNDER THIS SUBDIVISION TO THE SAME EXTENT AS IF THE SCHOOL DISTRICT OR INTERMEDIATE SCHOOL DISTRICT WERE MAKING THE REQUEST UNDER SECTION 1230 OR 1230A.".
5. Amend page 3, line 27, by striking out "(D)" and inserting "(E)".
6. Amend page 3, following line 27, by inserting:
"(3) A SCHOOL DISTRICT OR INTERMEDIATE SCHOOL DISTRICT MAY CONTRACT FOR THE OPERATION OF A BEFORE- OR AFTER-SCHOOL PROGRAM AS DESCRIBED IN SUBSECTION (2) IF THE CONTRACTOR COMPLIES WITH REQUIREMENTS FOR A CHILD CARE CENTER UNDER 1973 PA 116, MCL 722.111 TO 722.128, IN THE OPERATION OF THE PROGRAM." and renumbering the remaining subsection.
The question being on the adoption of the amendments offered by Rep. Minore,
Rep. Minore demanded the yeas and nays.
The demand was supported.
The question being on the adoption of the amendments offered by Rep. Minore,
The amendments were not adopted, a majority of the members serving not voting therefor, by yeas and nays, as follows:
Roll Call No. 140 Yeas--48
| Adamini | Frank | McConico | Schermesser |
| Anderson | Gieleghem | Minore | Sheltrown |
| Basham | Hale | Murphy | Spade |
| Bernero | Hansen | Neumann | Stallworth |
| Bogardus | Hardman | O'Neil | Switalski |
| Bovin | Jacobs | Pestka | Thomas |
| Brown, B. | Jamnick | Phillips | Waters |
| Brown, R. | Kilpatrick | Plakas | Whitmer |
| Clark, I. | Kolb | Quarles | Williams |
| Clarke, H. | Lipsey | Rison | Woodward |
| Daniels | Lockwood | Rivet | Woronchak |
| Dennis | Mans | Schauer | Zelenko |
Nays--56
| Allen | George | Kowall | Rocca |
| Birkholz | Gilbert | Kuipers | Sanborn |
| Bisbee | Godchaux | LaSata | Scranton |
| Bishop | Gosselin | Mead | Shackleton |
| Bradstreet | Hager | Meyer | Shulman |
| Brown, C. | Hart | Middaugh | Stamas |
| Cassis | Howell | Mortimer | Stewart |
| Caul | Jansen | Newell | Tabor |
| DeRossett | Jelinek | Pappageorge | Toy |
| DeVuyst | Johnson, Rick | Patterson | Van Woerkom |
| DeWeese | Johnson, Ruth | Pumford | Vander Roest |
| Drolet | Julian | Raczkowski | Vander Veen |
| Ehardt | Koetje | Richardville | Vear |
| Faunce | Kooiman | Richner | Voorhees |
In The Chair: Birkholz
Rep. Bradstreet moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
House Bill No. 4619, entitled
A bill to amend 1973 PA 116, entitled "An act to provide for the protection of children through the licensing and regulation of child care organizations; to provide for the establishment of standards of care for child care organizations; to prescribe powers and duties of certain departments of this state and adoption facilitators; to provide penalties; and to repeal acts and parts of acts," by amending section 1 (MCL 722.111), as amended by 1994 PA 205.
Was read a second time, and the question being on the adoption of the proposed substitute (H-1) previously recommended by the Committee on Education,
The substitute (H-1) was adopted, a majority of the members serving voting therefor.
Rep. Voorhees 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. Spade, Richardville, Vander Roest, Mead, Hardman, Van Woerkom, Meyer, Hager, Julian, DeVuyst, DeRossett, Adamini, Sheltrown, Woodward, Rivet, Lipsey, Gosselin, Bradstreet, Faunce, Schauer, Pappageorge, Sanborn, DeWeese, O'Neil, Gieleghem, Phillips, Kolb, Jamnick, Bovin, Basham, Bogardus, Lemmons, Murphy, Jacobs, Ehardt, Jansen, Cassis, Minore, Caul, Koetje, Anderson, Rich Brown, Zelenko, Neumann, Bernero, Mans, Clark, Clarke, Hansen, Switalski, Dennis, Schermesser, Birkholz, Kilpatrick, Plakas, Toy, Voorhees, Kuipers, Tabor and Vear offered the following resolution:
House Resolution No. 107.
A resolution recognizing the Lenawee County Relay for Life.
Whereas, Relay for Life is a 24-hour team fund-raising event held every year to benefit the American Cancer Society. It began in 1985 when Dr. Gordon Klatt, a Tacoma, Washington surgeon and American Cancer Society volunteer, ran and walked on a local track for 24 hours; and
Whereas, Today, more than 2,700 communities throughout the nation raise funds for the American Cancer Society by forming teams that take turns walking, running, or jogging around a local high school track or college field; and
Whereas, It is with deep appreciation for all of the hard work, commitment, and planning this occasion represents that we commend the Lenawee County Relay for Life; and
Whereas, As members of the community and the people behind this effort gather to celebrate this event, we are proud to add our voice to praise everyone who has worked to make this event so successful; and
Whereas, Lenawee County has ranked number one in the nation in per capita donations to the American Cancer Society at each of the last three Relay for Life events and generated enough donations to rank in the top 10 nationwide; and
Whereas, There are 100 Relay for Life events in Michigan. In the Lenawee, Branch, Hillsdale, and Jackson County service area, three out of four Relay for Life events are in the top 10 for the region which includes Michigan and Indiana; now, therefore, be it
Resolved by the House of Representatives, That the members of this legislative body recognize the Lenawee County Relay for Life. May future Relay for Life events bring even greater success; and be it further
Resolved, That a copy of this resolution be transmitted to the Lenawee County Relay for Life 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.
Rep. Kilpatrick offered the following resolution:
House Resolution No. 108.
A resolution honoring Pastor Beverly Jackson.
Whereas, It is a great pleasure to honor Pastor Beverly Jackson. In her long and devoted efforts to provide spiritual and personal guidance to others through the ministry, this dedicated and unselfish woman has touched many lives through the power of faith. Gifts like these are important to everyone; and
Whereas, In the years since Pastor Beverly Jackson came to work with individuals and families at Great Faith Ministries, the congregation has come to value highly all of the talents of this outstanding and effective spiritual leader; and
Whereas, Clearly, her family, church, and the people of her community are important to her. She has addressed their concerns, given wise counsel, and assumed a prominent and caring role for the benefit of all. Her enthusiasm and inspirational demeanor have brightened our state and will undoubtedly enhance countless lives as she continues to seek the blessings that come from helping others. Pastor Jackson has truly enriched this community and we commend her and express our respect for her; now, therefore, be it
Resolved by the House of Representatives, That the members of this legislative body join in honoring Pastor Beverly Jackson; and be it further
Resolved, That a copy of this resolution be transmitted to Pastor Beverly Jackson as a token of our respect for her fine work.
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.
Rep. Kilpatrick offered the following resolution:
House Resolution No. 109.
A resolution honoring Bishop Wayne T. Jackson.
Whereas, It is a great pleasure to honor Bishop Wayne T. Jackson. In his long and devoted efforts to provide spiritual and personal guidance to others through the ministry, this dedicated and unselfish man has touched many lives through the power of faith. Gifts like these are important to everyone; and
Whereas, In the years since Bishop Wayne T. Jackson came to work with individuals and families at Great Faith Ministries, the congregation has come to value highly all of the talents of this outstanding and effective spiritual leader; and
Whereas, Clearly, his family, church, and the people of his community are important to him. He has addressed their concerns, given wise counsel, and assumed a prominent and caring role for the benefit of all. His enthusiasm and inspirational demeanor have brightened our state and will undoubtedly enhance countless lives as he continues to seek the blessings that come from helping others. Bishop Jackson has truly enriched this community and we commend him and express our respect for him; now, therefore, be it
Resolved by the House of Representatives, That the members of this legislative body join in honoring Bishop Wayne T. Jackson; and be it further
Resolved, That a copy of this resolution be transmitted to Bishop Wayne T. Jackson as a token of our respect for his fine work.
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. 4333, entitled
A bill to amend 1980 PA 300, entitled "The public school employees retirement act of 1979," by amending section 5 (MCL 38.1305), as amended by 2000 PA 150.
Without amendment and with the recommendation that the bill pass.
The bill was referred to the order of Second Reading of Bills.
Favorable Roll Call
HB 4333 To Report Out:
Yeas: Reps. Voorhees, Woronchak, Cassis, Kuipers, 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, May 8, 2001, at 10:30 a.m.,
Present: Reps. Voorhees, Woronchak, Cassis, Kuipers, Williams, Bovin, Spade, Zelenko,
Absent: Rep. Vear,
Excused: Rep. Vear.
The Committee on Commerce, by Rep. Allen, Chair, reported
House Bill No. 4603, entitled
A bill to amend 1986 PA 255, entitled "Prepaid funeral contract funding act," by amending section 19 (MCL 328.229).
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 4603 To Report Out:
Yeas: Reps. Allen, Bishop, DeVuyst, Howell, Koetje, Middaugh, Mortimer, Van Woerkom, Vear, Thomas, Kolb, Lemmons, Lipsey, Rivet, Waters, Zelenko,
Nays: None.
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Allen, Chair of the Committee on Commerce, was received and read:
Meeting held on: Tuesday, May 8, 2001, at 9:00 a.m.,
Present: Reps. Allen, Bishop, DeVuyst, Gilbert, Howell, Koetje, Middaugh, Mortimer, Van Woerkom, Vear, Thomas, Kolb, Lemmons, Lipsey, Rivet, Waters, Zelenko.
The Committee on Criminal Justice, by Rep. Faunce, Chair, reported
House Bill No. 4609, entitled
A bill to amend 1990 PA 250, entitled "DNA identification profiling system act," by amending sections 2, 3, and 6 (MCL 28.172, 28.173, and 28.176), section 2 as amended by 1996 PA 508, section 3 as amended by 1998 PA 522, and section 6 as amended by 2000 PA 30.
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.
Favorable Roll Call
HB 4609 To Report Out:
Yeas: Reps. Faunce, Kowall, DeWeese, George, Julian, Raczkowski, Sanborn, McConico, O'Neil, Rison,
Nays: None.
The Committee on Criminal Justice, by Rep. Faunce, Chair, reported
House Bill No. 4610, entitled
A bill to amend 1990 PA 250, entitled "DNA identification profiling system act," by amending section 6 (MCL 28.176), as amended by 2000 PA 30.
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 4610 To Report Out:
Yeas: Reps. Faunce, Kowall, DeWeese, George, Julian, Raczkowski, Sanborn, McConico, O'Neil, Rison,
Nays: None.
The Committee on Criminal Justice, by Rep. Faunce, Chair, reported
House Bill No. 4611, entitled
A bill to amend 1939 PA 288, entitled "Probate code of 1939," by amending section 18k of chapter XIIA (MCL 712A.18k), as amended by 1998 PA 478.
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.
Favorable Roll Call
HB 4611 To Report Out:
Yeas: Reps. Faunce, Kowall, DeWeese, George, Julian, Raczkowski, Sanborn, McConico, O'Neil, Rison,
Nays: None.
The Committee on Criminal Justice, by Rep. Faunce, Chair, reported
House Bill No. 4612, 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 33d (MCL 791.233d), as amended by 1996 PA 509.
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.
Favorable Roll Call
HB 4612 To Report Out:
Yeas: Reps. Faunce, Kowall, DeWeese, George, Julian, Raczkowski, Sanborn, McConico, O'Neil, Rison,
Nays: None.
The Committee on Criminal Justice, by Rep. Faunce, Chair, reported
House Bill No. 4613, entitled
A bill to amend 1931 PA 328, entitled "The Michigan penal code," by amending section 520m (MCL 750.520m), as amended by 1996 PA 510.
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.
Favorable Roll Call
HB 4613 To Report Out:
Yeas: Reps. Faunce, Kowall, DeWeese, George, Julian, Raczkowski, Sanborn, McConico, O'Neil, Rison,
Nays: None.
The Committee on Criminal Justice, by Rep. Faunce, Chair, reported
House Bill No. 4614, entitled
A bill to amend 1988 PA 73, entitled "The juvenile facilities act," by amending section 5a (MCL 803.225a), as amended by 1998 PA 521.
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.
Favorable Roll Call
HB 4614 To Report Out:
Yeas: Reps. Faunce, Kowall, DeWeese, George, Julian, Raczkowski, Sanborn, McConico, O'Neil, Rison,
Nays: None.
The Committee on Criminal Justice, by Rep. Faunce, Chair, reported
House Bill No. 4633, entitled
A bill to amend 1974 PA 150, entitled "Youth rehabilitation services act," by amending section 7a (MCL 803.307a), as amended by 1998 PA 517.
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.
Favorable Roll Call
HB 4633 To Report Out:
Yeas: Reps. Faunce, Kowall, DeWeese, George, Julian, Raczkowski, Sanborn, McConico, O'Neil, Rison,
Nays: None.
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Faunce, Chair of the Committee on Criminal Justice, was received and read:
Meeting held on: Tuesday, May 8, 2001, at 10:30 a.m.,
Present: Reps. Faunce, Kowall, DeWeese, George, Julian, Raczkowski, Sanborn, McConico, O'Neil, Rison,
Absent: Rep. Callahan,
Excused: Rep. Callahan.
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 8, 2001, at 9:00 a.m.,
Present: Reps. Ehardt, Raczkowski, Bradstreet, George, Ruth Johnson, Rocca, Scranton, Vander Veen, Woronchak, Neumann, Adamini, Hardman, Lemmons, Schauer, Williams.
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, May 3:
House Bill Nos. 4698 4699 4700 4701 4702 4703 4704
The Clerk announced that the following bills had been printed and placed upon the files of the members, Friday, May 4:
House Bill Nos. 4707 4708 4709 4710 4711 4712 4713 4714 4715 4716 4717 4718
The Clerk announced that the following bills had been printed and placed upon the files of the members, Monday, May 7:
House Bill Nos. 4705 4706 4719 4720 4721 4722 4723 4724 4725 4726 4727 4728 4729 4730 4731 4732
Communications from State Officers
The following communications from the Secretary of State were received and read:
Notices of Filing
Administrative Rules
April 23, 2001
In accordance with the provisions of Section 46(1) of Act 306, Public Acts of 1969, as amended, and Executive Order 1995-6 this is to advise you that the Office of Regulatory Reform, Legal Division filed at 1:15 P.M. this date, administrative rule (01-04-06) for the Department of Education, entitled "Identification of Students Eligible for Bilingual Education Funds", effective 7 days hereafter.
April 23, 2001
In accordance with the provisions of Section 46(1) of Act 306, Public Acts of 1969, as amended, and Executive Order 1995-6 this is to advise you that the Office of Regulatory Reform, Legal Division filed at 1:20 P.M. this date, administrative rule (01-04-07) for the Department of Consumer and Industry Services, Director's Office, entitled "Air Contaminants", effective 15 days hereafter.
May 1, 2001
In accordance with the provisions of Section 46(1) of Act 306, Public Acts of 1969, as amended, and Executive Order 1995-6 this is to advise you that the Office of Regulatory Reform, Legal Division filed at 1:45 P.M. this date, administrative rule (01-05-01) for the Department of Consumer and Industry Services, Bureau of Workers' Disability Compensation, entitled "Worker's Compensation Health Care Services Rules", effective 7 days hereafter
Sincerely,
Candice S. Miller
Secretary of State
Elena L. Beasley, Manager
Office of the Great Seal
The communications were referred to the Clerk.
Introduction of Bills
Reps. Ehardt, Richardville, Julian, Voorhees, Birkholz, Neumann, Sheltrown, Raczkowski, Bovin and Spade introduced
House Bill No. 4733, entitled
A bill to authorize the board of a school district to award high school diplomas to World War II veterans under certain circumstances; and to prescribe duties and responsibilities of certain state officers and officials.
The bill was read a first time by its title and referred to the Committee on Education.
Rep. Gilbert introduced
House Bill No. 4734, entitled
A bill to amend 1982 PA 432, entitled "Motor bus transportation act," by amending section 31 (MCL 474.131), as amended by 1996 PA 420.
The bill was read a first time by its title and referred to the Committee on Transportation.
Reps. Allen and Thomas introduced
House Bill No. 4735, entitled
A bill to amend 1961 PA 120, entitled "An act to authorize the development or redevelopment of principal shopping districts and business improvement districts; to permit the creation of certain boards; to provide for the operation of principal shopping districts and business improvement districts; and to authorize the collection of revenue and the bonding of certain cities for the development or redevelopment projects," by amending section 1 (MCL 125.981), as amended by 1999 PA 49.
The bill was read a first time by its title and referred to the Committee on Commerce.
Reps. Thomas and Allen introduced
House Bill No. 4736, entitled
A bill to amend 1961 PA 120, entitled "An act to authorize the development or redevelopment of principal shopping districts and business improvement districts; to permit the creation of certain boards; to provide for the operation of principal shopping districts and business improvement districts; and to authorize the collection of revenue and the bonding of certain cities for the development or redevelopment projects," (MCL 125.981 to 125.987) by adding chapter 2.
The bill was read a first time by its title and referred to the Committee on Commerce.
Rep. Tabor introduced
House Bill No. 4737, entitled
A bill to amend 1996 PA 199, entitled "Michigan aquaculture development act," by amending sections 2 and 3 (MCL 286.872 and 286.873).
The bill was read a first time by its title and referred to the Committee on Conservation and Outdoor Recreation.
Reps. Hale, Bogardus, Clark, Minore, Waters, Hardman, Phillips, McConico, Lipsey, Daniels, Garza, Thomas, Schermesser, Dennis, Rison, Quarles and Stallworth introduced
House Bill No. 4738, entitled
A bill to amend 1956 PA 218, entitled "The insurance code of 1956," by amending sections 2021, 2105, 2106, 2107, 2108, 2109, 2110, 2111, 2114, 2118, 2120, 2127, 2236, 2400, 2406, 2430, 2436, 2438, 2458, 2462, 2472, 2600, 2606, 2608, 2616, 2628, 2630, 2636, 2652, 2654, 2664, 2930, 3020, 3321, and 3340 (MCL 500.2021, 500.2105, 500.2106, 500.2107, 500.2108, 500.2109, 500.2110, 500.2111, 500.2114, 500.2118, 500.2120, 500.2127, 500.2236, 500.2400, 500.2406, 500.2430, 500.2436, 500.2438, 500.2458, 500.2462, 500.2472, 500.2600, 500.2606, 500.2608, 500.2616, 500.2628, 500.2630, 500.2636, 500.2652, 500.2654, 500.2664, 500.2930, 500.3020, 500.3321, and 500.3340), section 2021 as added and section 2436 as amended by 1982 PA 7, section 2111 as amended by 1996 PA 98, section 2118 as amended by 1988 PA 43, section 2120 as amended by 1984 PA 350, sections 2236 and 2406 as amended by 1993 PA 200, section 2400 as amended by 1982 PA 8, section 2458 as amended by 1988 PA 262, section 3020 as amended by 1998 PA 410, and section 3340 as amended by 1986 PA 10, and by adding sections 2026a, 2094, 2103a, 2106a, 2107a, 2109a, 2109b, 2111c, 2128, 2128a, 2128b, 2128c, 2128d, 2128e, 2128f, and 3105a; and to repeal acts and parts of acts.
The bill was read a first time by its title and referred to the Committee on Insurance and Financial Services.
Reps. Richardville, Rocca, Switalski, Pestka, Minore, Schauer, Dennis, Gieleghem, Kolb, Lipsey, Woodward, Kowall, Basham, Jacobs, Bernero and Lemmons introduced
House Bill No. 4739, entitled
A bill to regulate persons engaged in carpentry; to create a board of carpentry; to provide for powers and duties for certain state agencies and departments; to provide for the establishing of standards; to provide for the licensing of carpenter contractors and journey carpenters; to prescribe fees; to provide for the promulgation of rules; and to prescribe remedies and penalties.
The bill was read a first time by its title and referred to the Committee on Regulatory Reform.
Reps. Neumann, Adamini, Wojno, Minore, Hale, Bovin, Rich Brown, Frank, Gieleghem, Kolb, Bogardus, Clark, Daniels, Rison and Lemmons introduced
House Bill No. 4740, entitled
A bill to amend 1956 PA 218, entitled "The insurance code of 1956," (MCL 500.100 to 500.8302) by adding sections 3400a, 3500a, and 3600a.
The bill was read a first time by its title and referred to the Committee on Insurance and Financial Services.
Reps. Anderson, Minore, Wojno, O'Neil, Basham, Bovin, Hale, Clark, Bogardus, Rich Brown, Kolb, Jacobs, Dennis, Daniels, Gieleghem, Rison and Lemmons introduced
House Bill No. 4741, entitled
A bill to amend 1956 PA 218, entitled "The insurance code of 1956," (MCL 500.100 to 500.8302) by adding sections 4003 and 4403.
The bill was read a first time by its title and referred to the Committee on Insurance and Financial Services.
Reps. Wojno, Bogardus, Neumann, Adamini, Minore, Bovin, Gieleghem, Kolb, Dennis, Hale, Clark, Daniels, Rison and Lemmons introduced
House Bill No. 4742, entitled
A bill to amend 1956 PA 218, entitled "The insurance code of 1956," (MCL 500.100 to 500.8302) by adding section 3149.
The bill was read a first time by its title and referred to the Committee on Insurance and Financial Services.
Reps. Adamini, Minore, Bovin, Neumann, Rich Brown, Gieleghem, Kolb, Jacobs, Dennis, Hale, Bogardus, Clark, Daniels, Rison and Lemmons introduced
House Bill No. 4743, entitled
A bill to amend 1980 PA 350, entitled "The nonprofit health care corporation reform act," (MCL 550.1101 to 550.1704) by adding section 210a.
The bill was read a first time by its title and referred to the Committee on Insurance and Financial Services.
Reps. Minore, Wojno, O'Neil, Basham, Bovin, Hale, Clark, Bogardus, Rich Brown, Kolb, Jacobs, Dennis, Daniels, Rison and Lemmons introduced
House Bill No. 4744, entitled
A bill to amend 1956 PA 218, entitled "The insurance code of 1956," (MCL 500.100 to 500.8302) by adding section 2203.
The bill was read a first time by its title and referred to the Committee on Insurance and Financial Services.
Reps. Quarles, McConico, Jacobs, Neumann, Minore, Kolb, Dennis, Schauer, Jamnick, Rison, Bogardus and O'Neil introduced
House Bill No. 4745, entitled
A bill to amend 1967 PA 281, entitled "Income tax act of 1967," by amending section 30 (MCL 206.30), as amended by 2000 PA 400.
The bill was read a first time by its title and referred to the Committee on Tax Policy.
Reps. Thomas, Hale, Kolb, Schermesser, Jacobs, Lipsey, Plakas, Spade, Schauer, Dennis, Allen, Garza, Hart, Waters, Godchaux, Bogardus, Kilpatrick, Clark and Lemmons introduced
House Bill No. 4746, entitled
A bill to amend 1976 PA 451, entitled "The revised school code," (MCL 380.1 to 380.1852) by adding section 1310b.
The bill was read a first time by its title and referred to the Committee on Education.
Reps. Birkholz, Scranton, Stewart, Middaugh, Bovin, Shackleton, Ehardt, Vander Veen and Voorhees introduced
House Bill No. 4747, entitled
A bill to amend 1988 PA 466, entitled "Animal industry act," by amending sections 26a and 44 (MCL 287.726a and 287.744), section 26a as added and section 44 as amended by 2000 PA 323; and to repeal acts and parts of acts.
The bill was read a first time by its title and referred to the Committee on Agriculture and Resource Management.
Reps. Phillips, Daniels, Kilpatrick, Rison, Quarles, Plakas, Hale, Lipsey, Williams, Hardman, Reeves, Waters, Stallworth, Clarke, Clark, Thomas, Murphy, Garza, McConico and Lemmons introduced
House Bill No. 4748, entitled
A bill to amend 1972 PA 239, entitled "McCauley-Traxler-Law-Bowman-McNeely lottery act," by amending sections 33 and 41 (MCL 432.33 and 432.41), section 33 as amended by 1996 PA 167 and section 41 as amended by 1997 PA 72.
The bill was read a first time by its title and referred to the Committee on Appropriations.
Reps. Phillips, Kilpatrick, Rison, Daniels, Quarles, Plakas, Hale, Lipsey, Williams, Hardman, Reeves, Waters, Stallworth, Clarke, Clark, Thomas, Murphy, Garza, McConico and Lemmons introduced
House Bill No. 4749, entitled
A bill to amend 1979 PA 94, entitled "The state school aid act of 1979," (MCL 388.1601 to 388.1772) by adding section 10.
The bill was read a first time by its title and referred to the Committee on Appropriations.
Reps. Reeves, Mead, Rivet, McConico, Minore, Gieleghem, Voorhees, Murphy, Hardman, Kilpatrick, Bradstreet, Vander Veen, Garza, Zelenko, Rison, Kolb, Lipsey, DeWeese, Schauer, Pappageorge, Hart, Vander Roest, Tabor, Jansen and Lemmons introduced
House Bill No. 4750, entitled
A bill to amend 1939 PA 280, entitled "The social welfare act," (MCL 400.1 to 400.119b) by adding section 109h.
The bill was read a first time by its title and referred to the Committee on Insurance and Financial Services.
Reps. Reeves, Mead, Rivet, McConico, Minore, Gieleghem, Voorhees, Murphy, Hardman, Kilpatrick, Bradstreet, Vander Veen, Zelenko, Rison, Kolb, Lipsey, DeWeese, Schauer, Pappageorge, Hart, Vander Roest, Tabor, Jansen and Lemmons introduced
House Bill No. 4751, entitled
A bill to amend 1956 PA 218, entitled "The insurance code of 1956," (MCL 500.100 to 500.8302) by adding section 3406l.
The bill was read a first time by its title and referred to the Committee on Insurance and Financial Services.
Reps. Reeves, Mead, Rivet, McConico, Minore, Gieleghem, Voorhees, Murphy, Hardman, Kilpatrick, Bradstreet, Vander Veen, Zelenko, Rison, Kolb, Lipsey, DeWeese, Schauer, Pappageorge, Hart, Vander Roest, Tabor, Jansen and Lemmons introduced
House Bill No. 4752, entitled
A bill to amend 1980 PA 350, entitled "The nonprofit health care corporation reform act," (MCL 550.1101 to 550.1704) by adding section 416d.
The bill was read a first time by its title and referred to the Committee on Insurance and Financial Services.
Reps. Hart, Schauer, Meyer, Howell, Stewart, Ehardt, Richner, Pestka, Tabor, Vander Veen, Murphy, Reeves, Woodward, Gieleghem, Kolb, Phillips, Scranton, Jelinek, Waters, Toy, Clark, Garza, Thomas, Jansen and Lemmons introduced
House Joint Resolution O, entitled
A joint resolution proposing an amendment to the state constitution of 1963, by amending sections 12, 13, and 54 of article IV and section 30 of article V and adding section 55 to article IV, to modify how the state officers compensation commission's determination of certain salaries and expense allowances are made and how they become effective, to provide for approval of certain determinations by the legislature for the following legislative session, to expand who those determinations apply to, to modify term limits for certain state officials, to end legislative session on the day after election day in even numbered years, and to prohibit legislators from becoming lobbyists for 1 year after leaving office.
The joint resolution was read a first time by its title and referred to the Committee on House Oversight and Operations.
______
Rep. Plakas moved that the House adjourn.
The motion prevailed, the time being 4:15 p.m.
The Speaker Pro Tempore declared the House adjourned until Wednesday, May 9, at 2:00 p.m.
GARY L. RANDALL
Clerk of the House of Representatives.