2002-HJ-04-25-037

No. 37

STATE OF MICHIGAN

JOURNAL

OF THE

House of Representatives

91st Legislature

REGULAR SESSION OF 2002

House Chamber, Lansing, Thursday, April 25, 2002.

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--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

Hummel--present

Jacobs--present

Jamnick--present

Jansen--present

Jelinek--present

Johnson, Rick--present

Johnson, Ruth--present

Julian--present

Koetje--present

Kolb--present

Kooiman--present

Kowall--present

Kuipers--present

LaSata--present

Lemmons--present

Lipsey--present

Lockwood--present

Mans--excused

McConico--present

Mead--present

Meyer--present

Middaugh--present

Minore--present

Mortimer--present

Murphy--present

Neumann--present

Newell--present

O'Neil--present

Palmer--present

Pappageorge--present

Patterson--present

Pestka--present

Phillips--excused

Plakas--present

Pumford--excused

Quarles--excused

Raczkowski--present

Reeves--present

Richardville--present

Richner--present

Rison--present

Rivet--present

Rocca--present

Schauer--present

Schermesser--present

Scranton--present

Shackleton--excused

Sheltrown--present

Shulman--present

Spade--present

Stallworth--excused

Stamas--present

Stewart--present

Switalski--present

Tabor--present

Thomas--present

Toy--present

Van Woerkom--present

Vander Roest--present

Vander Veen--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

Father Robert Duggan, C.S.B., Pastor of Ste. Anne de Detroit Church of Detroit, offered the following invocation:

"Jethro said to his son-in-law Moses, 'enlighten the people, showing them how they are to live. But you should also look for able and God-fearing people, trustworthy ones who hate dishonest gain. Let these render decisions for the people.' Moses followed the advice of his father-in-law. Then he spoke to the people, 'choose wise, intelligent and experienced people from your tribes, that I may appoint them as your leaders.' They answered, 'we agree to do as you have proposed.' Moses charged the leaders, 'listen to complaints and administer true justice to both parties, even if one is an alien. In rendering judgment, do not consider who a person is; give ear to the lowly and to the great alike, fearing no one, for judgment is God's.' (Exodus and Deuteronomy)

Lord, forgive us that we forget that we are made of body, mind and spirit. And that too often the spirit is neglected. We have often created a void which allows evil, prejudice, hatred, and racism to rush in and wreck havoc. Lord, forgive us that so often we are so afraid of being sued or thought ill of that we choose the coward's way and people are hurt, marred, scarred, and charred in their souls. Forgive us that we have forgotten that this nation was founded on the principle of a simple trust in God. We have too often put the cult of the party system above the worship of You, our God. Lord, we ask Your blessing on these people in authority here, bless this noble legislature with Your spirit of truth, of justice, of honor. Let these leaders of our state be life-givers and representatives filled with honor and integrity--public servants of all the people. Let them guide us to peace and Your prosperity in every acre of this beautiful state. We ask this through Christ our Lord. Amen."

______

Rep. Vander Roest moved that Reps. Pumford and Shackleton be excused from today's session.

The motion prevailed.

Rep. Jacobs moved that Reps. Garza, Mans, Phillips and Quarles be excused from today's session.

The motion prevailed.

Reports of Standing Committees

The Speaker laid before the House

House Resolution No. 389.

A resolution to memorialize the Congress of the United States to enact legislation to authorize states to prohibit or restrict foreign municipal solid waste and to urge the Environmental Protection Agency to ensure full compliance with the transboundary hazardous waste agreement with Canada.

(For text of resolution, see House Journal No. 28, p. 868.)

(The resolution was reported by the Committee on Land Use and Environment on April 23, with substitute (H-1), consideration of which, under the rules, was postponed until today.)

(For substitute, see House Journal No. 35, p. 1224.)

The question being on the adoption of the proposed substitute (H-1) recommended by the Committee,

The substitute (H-1) was not adopted, a majority of the members serving not voting therefor.

The question being on the adoption of the resolution,

Rep. Cassis moved to substitute (H-4) the resolution as follows:

Substitute for House Resolution No. 389.

Whereas, Michigan has long been frustrated in efforts to regulate solid waste imported into our state. Our state is especially concerned about waste that is brought here from Ontario. Our citizens feel strongly that our environment should not be placed at additional risk from municipal solid waste and other materials that are generated elsewhere and transported here for disposal; and

Whereas, The volume of waste that comes into Michigan each year represents a significant portion of all trash handled here. As much as 20 percent of all solid waste in Michigan is from out of state, and the amount has increased significantly in recent years; and

Whereas, Congress has authority for regulating the transportation and disposal of solid waste between states and nations by virtue of the United States Constitution's interstate commerce clause. To protect the public health, safety, and welfare of our environment and citizens, Congress must take action to provide states with the express means to regulate or prohibit the importation of trash. Congress has before it now a bill that would provide the appropriate authority to the states. Under H.R. 1927, states could prohibit or impose certain limitations on the receipt of foreign municipal solid waste; and

Whereas, Hazardous waste and solid waste transported between Canada and the United States are provided for in the Agreement Between the Government of Canada and the Government of the United States Concerning the Transboundary Movement of Hazardous Waste. It has been reported, however, that the notification requirements and procedures set forth in the agreement have not been followed. It is most disturbing to think that the protections provided in the agreement between our nations are not working. The people of this state have every right to know that all prudent measures are being enforced to protect our citizens and environment; now, therefore, be it

Resolved by the House of Representatives, That we memorialize the Congress of the United States to enact legislation to authorize states to prohibit or restrict foreign municipal solid waste and to urge the Environmental Protection Agency to ensure full compliance with the Agreement Between the Government of Canada and the Government of the United States Concerning the Transboundary Movement of Hazardous Waste; 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, the members of the Michigan congressional delegation, and the Environmental Protection Agency.

The motion prevailed and the substitute (H-4) was adopted, a majority of the members serving voting therefor.

The question being on the adoption of the resolution,

The resolution was adopted.

Messages from the Senate

The Speaker laid before the House

House Bill No. 5442, entitled

A bill to amend 1931 PA 328, entitled "The Michigan penal code," by amending sections 479 and 479a (MCL 750.479 and 750.479a), section 479a as amended by 1998 PA 344.

(The bill was received from the Senate on April 17, with substitute (S-1), title amendment and immediate effect given by the Senate, consideration of which, under the rules, was postponed until April 18, see House Journal No. 33, p. 1150.)

The question being on concurring in the substitute (S-1) made to the bill by the Senate,

Reps. Faunce and McConico moved to amend the bill as follows:

1. Amend page 8, line 4, after "person" by inserting "WHO HAS VIOLATED ANY SECTION OF THIS CHAPTER OTHER THAN THIS SECTION OR IS WANTED AS A MATERIAL WITNESS IN CONNECTION WITH AN ACT OF TERRORISM PURSUANT TO SECTION 39 OF CHAPTER VII OF THE CODE OF CRIMINAL PROCEDURE, 1927 PA 175, MCL 767.39".

2. Amend page 8, line 11, after "able" by inserting "AS FOLLOWS:

(A) EXCEPT AS PROVIDED IN SUBDIVISION (B), BY IMPRISONMENT FOR NOT MORE THAN 20 YEARS OR A FINE OF NOT MORE THAN $20,000.00, OR BOTH.

(B) IF THE PERSON RENDERS CRIMINAL ASSISTANCE TO A PERSON WHO HAS VIOLATED SECTION 543F,".

3. Amend page 8, line 16, after "2002" by striking out the balance of the enacting section and inserting a period.

The motion prevailed and the amendments were adopted, a majority of the members serving voting therefor.

The question being on concurring in the substitute (S-1) made to the bill by the Senate,

The substitute (S-1), as amended, was concurred in, a majority of the members serving voting therefor, by yeas and nays, as follows:

Roll Call No. 588 Yeas--99

Adamini Frank LaSata Rocca

Allen George Lemmons Schauer

Anderson Gieleghem Lipsey Schermesser

Basham Gilbert Lockwood Scranton

Bernero Godchaux McConico Sheltrown

Birkholz Gosselin Mead Shulman

Bisbee Hager Meyer Spade

Bishop Hale Middaugh Stamas

Bogardus Hansen Minore Stewart

Bovin Hardman Mortimer Switalski

Brown, B. Hart Murphy Tabor

Brown, C. Howell Neumann Thomas

Brown, R. Hummel Newell Toy

Callahan Jacobs O'Neil Van Woerkom

Cassis Jamnick Palmer Vander Roest

Caul Jansen Pappageorge Vander Veen

Clark, I. Jelinek Patterson Vear

Clarke, H. Johnson, Rick Pestka Voorhees

Daniels Johnson, Ruth Plakas Waters

Dennis Julian Raczkowski Williams

DeRossett Koetje Reeves Wojno

DeVuyst Kolb Richardville Woodward

DeWeese Kooiman Richner Woronchak

Ehardt Kowall Rison Zelenko

Faunce Kuipers Rivet

Nays--2

Bradstreet Drolet

In The Chair: Ehardt

The House agreed to the title as amended.

The Speaker laid before the House

House Bill No. 5443, entitled

A bill to amend 1927 PA 175, entitled "The code of criminal procedure," by amending section 16x of chapter XVII (MCL 777.16x), as amended by 2000 PA 473.

(The bill was received from the Senate on April 17, with substitute (S-1), full title inserted and immediate effect given by the Senate, consideration of which, under the rules, was postponed until April 18, see House Journal No. 33, p. 1150.)

The question being on concurring in the substitute (S-1) made to the bill by the Senate,

Reps. Faunce and McConico moved to amend the Senate substitute (S-1) as follows:

1. Amend page 3, following line 34, by inserting:

"Sec. 16z. This chapter applies to the following felonies enumerated in chapter 750 of the Michigan Compiled Laws:

M.C.L. Category Class Description Stat Max

750.535(2) Property D Receiving or concealing stolen property having

a value of $20,000 or more or with prior

convictions 10

750.535(3) Property E Receiving or concealing stolen property having

a value of $1,000 to $20,000 or with prior

convictions 5

750.535a(2) Pub ord D Operating a chop shop 10

750.535a(3) Pub ord D Operating a chop shop, subsequent violation 10

750.535b Pub saf E Stolen firearms or ammunition 10

750.539c Pub ord H Eavesdropping 2

750.539d Pub ord H Installing eavesdropping device 2

750.539e Pub ord H Divulging or using information obtained by

eavesdropping 2

750.539f Pub ord H Manufacture or possession of eavesdropping device 2

750.540 Pub ord H Tapping or cutting telephone lines 2

750.540c(3) Property F Manufacturing or delivering a counterfeit

communications device 4

750.540f(2) Property E Knowingly publishing a communications access

device with prior convictions 5

750.540g(1)(c) Property E Diverting telecommunication services having a

value of $1,000 to $20,000 or with prior convictions 5

750.540g(1)(d) Property D Diverting telecommunications services having a

value of $20,000 or more or with prior convictions 10

750.543f Person A Terrorism without causing death Life

750.543H(3)(A) PUB ORD B HINDERING PROSECUTION OF

TERRORISM -- CERTAIN TERRORIST ACTS 20

~~750.543h~~

750.543H(3)(B) Pub ord A Hindering prosecution of terrorism -- ACT

OF TERRORISM Life

750.543k Pub saf B Soliciting OR PROVIDING material support for

terrorism or terrorist acts 20

750.543m Pub ord B Threat or false report of terrorism 20

750.543p Pub saf B Use of internet or telecommunications to commit

~~terrorism~~ CERTAIN TERRORIST ACTS 20

750.543r Pub saf B ~~Surveillance~~ POSSESSION of vulnerable target

INFORMATION with intent to commit

~~terrorism~~ CERTAIN TERRORIST ACTS 20

750.545 Pub ord E Misprision of treason 5

750.552b Property F Trespassing on correctional facility property 4".

2. Amend page 3, line 35, by striking out all of enacting section 1 and inserting:

"Enacting section 1. Section 16x of chapter XVII of the code of criminal procedure, 1927 PA 175, MCL 777.16x, as amended by this amendatory act, takes effect July 15, 2002.".

The motion prevailed and the amendments were adopted, a majority of the members serving voting therefor.

The question being on concurring in the substitute (S-1) made to the bill by the Senate,

The substitute (S-1), as amended, was concurred in, a majority of the members serving voting therefor, by yeas and nays, as follows:

Roll Call No. 589 Yeas--98

Adamini Frank LaSata Rivet

Allen George Lemmons Rocca

Anderson Gieleghem Lipsey Schauer

Basham Gilbert Lockwood Schermesser

Bernero Godchaux McConico Scranton

Birkholz Gosselin Mead Sheltrown

Bisbee Hager Meyer Shulman

Bishop Hale Middaugh Spade

Bogardus Hansen Minore Stamas

Bovin Hardman Mortimer Stewart

Brown, B. Hart Murphy Switalski

Brown, C. Howell Neumann Tabor

Brown, R. Hummel Newell Thomas

Callahan Jacobs O'Neil Toy

Cassis Jamnick Palmer Van Woerkom

Caul Jansen Pappageorge Vander Veen

Clark, I. Jelinek Patterson Vear

Clarke, H. Johnson, Rick Pestka Voorhees

Daniels Johnson, Ruth Plakas Waters

Dennis Julian Raczkowski Williams

DeRossett Koetje Reeves Wojno

DeVuyst Kolb Richardville Woodward

DeWeese Kooiman Richner Woronchak

Ehardt Kowall Rison Zelenko

Faunce Kuipers

Nays--2

Bradstreet Drolet

In The Chair: Ehardt

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

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

A bill to amend 1927 PA 175, entitled "The code of criminal procedure," by amending sections 16x and 16z of chapter XVII (MCL 777.16x and 777.16z), section 16x as amended by 2000 PA 473 and section 16z as amended by 2002 PA 122.

The motion prevailed.

The House agreed to the title as amended.

Second Reading of Bills

House Bill No. 5637, entitled

A bill to amend 2001 PA 142, entitled "Michigan memorial highway act," (MCL 250.1001 to 250.1100) by adding section 85.

The bill was read a second time.

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

The motion prevailed.

Rep. Middaugh 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. 5637, entitled

A bill to amend 2001 PA 142, entitled "Michigan memorial highway act," (MCL 250.1001 to 250.1100) by adding section 85.

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

Roll Call No. 590 Yeas--98

Adamini Faunce Kuipers Rivet

Allen Frank LaSata Rocca

Anderson George Lemmons Schauer

Basham Gieleghem Lipsey Schermesser

Bernero Gilbert Lockwood Scranton

Birkholz Godchaux McConico Sheltrown

Bisbee Gosselin Mead Shulman

Bishop Hager Meyer Spade

Bogardus Hale Middaugh Stamas

Bovin Hansen Minore Stewart

Bradstreet Hardman Mortimer Switalski

Brown, B. Hart Murphy Tabor

Brown, C. Howell Neumann Toy

Brown, R. Hummel Newell Van Woerkom

Callahan Jacobs O'Neil Vander Roest

Cassis Jamnick Palmer Vander Veen

Caul Jansen Pappageorge Vear

Clark, I. Jelinek Patterson Voorhees

Clarke, H. Johnson, Rick Pestka Waters

Daniels Johnson, Ruth Plakas Williams

DeRossett Julian Raczkowski Wojno

DeVuyst Koetje Richardville Woodward

DeWeese Kolb Richner Woronchak

Drolet Kooiman Rison Zelenko

Ehardt Kowall

Nays--0

In The Chair: Ehardt

The House agreed to the title of the bill.

Rep. Middaugh 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. 5808, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending sections 36101 and 36106 (MCL 324.36101 and 324.36106), section 36101 as amended by 2000 PA 262 and section 36106 as amended by 1996 PA 233.

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

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

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

The motion prevailed.

______

Associate Speaker Pro Tempore Julian assumed the Chair.

House Bill No. 5893, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending section 5303 (MCL 324.5303), as amended by 2001 PA 221.

Was read a second time, and the question being on the adoption of the proposed substitute (H-5)* previously recommended by the Committee on Commerce,

The substitute (H-5)* was adopted, a majority of the members serving voting therefor.

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

The motion prevailed.

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

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

______

Rep. Wojno moved that Rep. Williams be excused temporarily from today's session.

The motion prevailed.

Rep. Lipsey moved that Rep. Daniels be excused temporarily from today's session.

The motion prevailed.

Rep. Jacobs moved that Rep. Schermesser 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. 5893, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending section 5303 (MCL 324.5303), as amended by 2001 PA 221.

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

Roll Call No. 591 Yeas--98

Adamini Faunce Kuipers Rison

Allen Frank LaSata Rivet

Anderson George Lemmons Rocca

Basham Gieleghem Lipsey Schauer

Bernero Gilbert Lockwood Scranton

Birkholz Godchaux McConico Sheltrown

Bisbee Gosselin Mead Shulman

Bishop Hager Meyer Spade

Bogardus Hale Middaugh Stamas

Bovin Hansen Minore Stewart

Bradstreet Hardman Mortimer Switalski

Brown, B. Hart Murphy Tabor

Brown, C. Howell Neumann Thomas

Brown, R. Hummel Newell Toy

Callahan Jacobs O'Neil Van Woerkom

Cassis Jamnick Palmer Vander Roest

Caul Jansen Pappageorge Vander Veen

Clark, I. Jelinek Patterson Vear

Clarke, H. Johnson, Rick Pestka Voorhees

Dennis Johnson, Ruth Plakas Waters

DeRossett Julian Raczkowski Wojno

DeVuyst Koetje Reeves Woodward

DeWeese Kolb Richardville Woronchak

Drolet Kooiman Richner Zelenko

Ehardt Kowall

Nays--0

In The Chair: Julian

The House agreed to the title of the bill.

Rep. Middaugh 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. 5892, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," (MCL 324.101 to 324.90106) by adding part 197.

The bill was read a second time.

Rep. Allen moved to substitute (H-3) the bill.

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

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

The motion prevailed.

Rep. Middaugh 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. 5892, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," (MCL 324.101 to 324.90106) by adding part 197.

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

Roll Call No. 592 Yeas--95

Adamini Faunce LaSata Rivet

Allen Frank Lemmons Rocca

Anderson George Lipsey Schauer

Basham Gieleghem Lockwood Scranton

Bernero Gilbert McConico Sheltrown

Birkholz Gosselin Mead Shulman

Bisbee Hager Meyer Spade

Bishop Hale Middaugh Stamas

Bogardus Hansen Minore Stewart

Bovin Hardman Mortimer Switalski

Brown, B. Hart Murphy Tabor

Brown, C. Howell Neumann Thomas

Brown, R. Hummel Newell Toy

Callahan Jacobs O'Neil Van Woerkom

Cassis Jamnick Palmer Vander Roest

Clark, I. Jelinek Pappageorge Vander Veen

Clarke, H. Johnson, Rick Patterson Voorhees

Daniels Johnson, Ruth Pestka Waters

Dennis Julian Plakas Williams

DeRossett Koetje Raczkowski Wojno

DeVuyst Kolb Reeves Woodward

DeWeese Kooiman Richardville Woronchak

Drolet Kowall Richner Zelenko

Ehardt Kuipers Rison

Nays--5

Bradstreet Godchaux Jansen Vear

Caul

In The Chair: Julian

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

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

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," (MCL 324.101 to 324.90106) by adding parts 52 and 197.

The motion prevailed.

The House agreed to the title as amended.

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

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

______

Associate Speaker Pro Tempore Ehardt resumed the Chair.

Second Reading of Bills

House Bill No. 4625, entitled

A bill to authorize the issuance of general obligation bonds of the state and to pledge the full faith and credit of the state for the payment of principal and interest on the bonds to finance water pollution control projects that prevent discharges of untreated or improperly treated sewage into the waters of the state; to pay for issuing the bonds; to provide for other measures relating to the bonds; and to provide for the submission of the question of the issuance of the bonds to the electors of the state.

The bill was read a second time.

Reps. Allen and Rivet moved to substitute (H-3) the bill.

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

Rep. Middaugh moved to amend the bill as follows:

1. Amend page 3, following line 24, by inserting:

"Enacting section 1. This act does not take effect unless all of the following bills of the 91st Legislature are enacted into law:

(a) House Bill No. 5892.

(b) House Bill No. 5893.".

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

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

The motion prevailed.

Rep. Middaugh 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. 4625, entitled

Was read a third time and passed, 2/3 of the members serving voting therefor, by yeas and nays, as follows:

Roll Call No. 593 Yeas--91

Adamini Ehardt Lemmons Rocca

Allen Faunce Lipsey Schauer

Anderson Frank Lockwood Scranton

Basham George McConico Sheltrown

Bernero Gieleghem Mead Shulman

Birkholz Gilbert Meyer Spade

Bisbee Hager Middaugh Stamas

Bishop Hale Minore Stewart

Bogardus Hansen Mortimer Switalski

Bovin Hardman Murphy Tabor

Brown, B. Howell Neumann Thomas

Brown, C. Hummel Newell Toy

Brown, R. Jacobs O'Neil Van Woerkom

Callahan Jamnick Palmer Vander Roest

Cassis Jelinek Pappageorge Vander Veen

Clark, I. Johnson, Rick Patterson Voorhees

Clarke, H. Julian Pestka Waters

Daniels Koetje Plakas Williams

Dennis Kolb Raczkowski Wojno

DeRossett Kooiman Reeves Woodward

DeVuyst Kowall Richardville Woronchak

DeWeese Kuipers Richner Zelenko

Drolet LaSata Rivet

Nays--7

Bradstreet Gosselin Jansen Vear

Caul Hart Johnson, Ruth

In The Chair: Ehardt

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

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

A bill to authorize the issuance of general obligation bonds of the state and to pledge the full faith and credit of the state for the payment of principal and interest on the bonds to finance water pollution control projects that prevent discharges of untreated or improperly treated sewage or other wastewater into the waters of the state; to pay for issuing the bonds; to provide for other measures relating to the bonds; and to provide for the submission of the question of the issuance of the bonds to the electors of the state.

The motion prevailed.

The House agreed to the title as amended.

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

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

Second Reading of Bills

Senate Bill No. 989, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending sections 8302, 8303, 8304, 8305, 8306, 8309, 8310, 8311, 8312, 8313, 8314, 8317, 8318, 8319, 8322, 8327, 8329, 8330, and 8333 (MCL 324.8302, 324.8303, 324.8304, 324.8305, 324.8306, 324.8309, 324.8310, 324.8311, 324.8312, 324.8313, 324.8314, 324.8317, 324.8318, 324.8319, 324.8322, 324.8327, 324.8329, 324.8330, and 324.8333), section 8319 as amended by 1996 PA 312, and by adding sections 8307a, 8307b, 8307c, 8307d, 8307e, and 8307f; and to repeal acts and parts of acts.

(The bill was read a second time, amended, amendment offered and bill postponed temporarily on April 23, see House Journal No. 35, p. 1212.)

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

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

Roll Call No. 594 Yeas--43

Adamini DeWeese Lemmons Spade

Anderson Faunce Lipsey Stewart

Basham Frank Lockwood Switalski

Bernero Gieleghem Minore Thomas

Bogardus Hale Murphy Toy

Brown, B. Hansen O'Neil Waters

Brown, R. Jacobs Pestka Williams

Callahan Jamnick Raczkowski Wojno

Clark, I. Johnson, Ruth Reeves Woodward

Clarke, H. Kolb Rocca Zelenko

Dennis LaSata Schauer

Nays--49

Allen Gilbert Kooiman Richner

Bisbee Godchaux Kowall Scranton

Bishop Gosselin Kuipers Sheltrown

Bovin Hager Mead Shulman

Bradstreet Hart Meyer Stamas

Brown, C. Howell Middaugh Tabor

Cassis Hummel Neumann Van Woerkom

Caul Jansen Newell Vander Roest

DeRossett Jelinek Palmer Vander Veen

DeVuyst Johnson, Rick Pappageorge Vear

Drolet Julian Patterson Voorhees

Ehardt Koetje Richardville Woronchak

George

In The Chair: Ehardt

Rep. Woodward moved to amend the bill as follows:

1. Amend page 47, following line 22, by inserting:

"(9) IN ADDITION TO ANY OTHER PENALTY OR REMEDY PROVIDED IN THIS SECTION, IF A VIOLATION UNDER THIS SECTION INVOLVES THE IMPROPER APPLICATION OF A PESTICIDE, A PERSON WHO VIOLATES THIS SECTION SHALL PAY TO THE OWNER OF THE PROPERTY ON WHICH THE PESTICIDE WAS APPLIED AN AMOUNT EQUAL TO THE COST OF CLEAN-UP APPROVED BY THE DEPARTMENT OF NATURAL RESOURCES OR THE DEPARTMENT OF ENVIRONMENTAL QUALITY, WHICHEVER DEPARTMENT HAS THE AUTHORITY, FOR ALL AREAS OF THE PROPERTY WHERE THE IMPROPER APPLICATION OF THE PESTICIDE OCCURRED." and renumbering the remaining subsections.

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

Roll Call No. 595 Yeas--43

Allen Faunce Lockwood Stewart

Anderson Frank McConico Switalski

Basham Gieleghem Minore Thomas

Bernero Hale Murphy Toy

Bogardus Hansen O'Neil Waters

Brown, B. Hardman Pestka Williams

Callahan Jacobs Reeves Wojno

Clark, I. Jamnick Rison Woodward

Clarke, H. Kolb Rocca Woronchak

Daniels Lemmons Schauer Zelenko

Dennis Lipsey Spade

Nays--50

Birkholz Gilbert Kuipers Richner

Bisbee Godchaux LaSata Rivet

Bishop Gosselin Mead Scranton

Bovin Hager Meyer Sheltrown

Bradstreet Hart Middaugh Shulman

Brown, C. Howell Mortimer Stamas

Cassis Hummel Neumann Tabor

Caul Jansen Newell Van Woerkom

DeRossett Jelinek Palmer Vander Roest

DeVuyst Julian Pappageorge Vander Veen

Drolet Koetje Patterson Vear

Ehardt Kooiman Richardville Voorhees

George Kowall

In The Chair: Ehardt

Rep. Woodward moved to amend the bill as follows:

1. Amend page 29, line 18, after "8320." by inserting "THE DIRECTOR SHALL REVOKE A COMMERCIAL OPERATOR'S LICENSE UNDER THIS SUBSECTION IF BOTH OF THE FOLLOWING OCCUR:

(A) THE VIOLATION INVOLVES THE IMPROPER APPLICATION OF A PESTICIDE.

(B) THE COMMERCIAL OPERATOR HAS NOT CLEANED UP ALL AREAS OF THE PROPERTY ON WHICH THE PESTICIDE WAS IMPROPERLY APPLIED WITHIN 30 DAYS AFTER THE VIOLATION OCCURRED.".

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

Roll Call No. 596 Yeas--42

Adamini Frank McConico Stewart

Anderson Gieleghem Minore Switalski

Basham Hale Murphy Thomas

Bernero Hansen O'Neil Toy

Bogardus Hardman Pestka Waters

Brown, B. Jacobs Plakas Williams

Callahan Jamnick Raczkowski Wojno

Clark, I. Kolb Reeves Woodward

Clarke, H. Lemmons Rison Woronchak

Daniels Lipsey Schauer Zelenko

Dennis Lockwood

Nays--58

Allen Faunce Kooiman Richner

Birkholz George Kowall Rivet

Bisbee Gilbert Kuipers Rocca

Bishop Godchaux LaSata Scranton

Bovin Gosselin Mead Sheltrown

Bradstreet Hager Meyer Shulman

Brown, C. Hart Middaugh Spade

Brown, R. Howell Mortimer Stamas

Cassis Hummel Neumann Tabor

Caul Jansen Newell Van Woerkom

DeRossett Jelinek Palmer Vander Roest

DeVuyst Johnson, Rick Pappageorge Vander Veen

DeWeese Johnson, Ruth Patterson Vear

Drolet Julian Richardville Voorhees

Ehardt Koetje

In The Chair: Ehardt

Rep. Woodward moved to amend the bill as follows:

1. Amend page 35, line 9, after "CERTIFICATION," by striking out "$75.00" and inserting "$50.00".

2. Amend page 35, line 12, after "APPLICATOR," by striking out "$45.00" and inserting "$25.00".

3. Amend page 35, line 19, after "IS" by striking out "$100.00" and inserting "$50.00".

4. Amend page 35, line 23, by striking out "$40.00" and inserting "$25.00".

5. Amend page 35, line 25, after "IS" by striking out "$100.00" and inserting "$50.00".

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

Roll Call No. 597 Yeas--56

Adamini DeWeese Lockwood Schauer

Anderson Drolet McConico Shulman

Basham Faunce Minore Stewart

Bernero Gieleghem Murphy Switalski

Bishop Gosselin O'Neil Thomas

Bogardus Hale Palmer Toy

Bradstreet Hardman Pestka Vear

Brown, B. Hummel Plakas Voorhees

Callahan Jacobs Raczkowski Waters

Cassis Jamnick Reeves Williams

Clark, I. Kolb Richardville Wojno

Clarke, H. Kowall Rison Woodward

Daniels Lemmons Rivet Woronchak

Dennis Lipsey Rocca Zelenko

Nays--41

Allen Gilbert Koetje Patterson

Birkholz Hager Kooiman Richner

Bisbee Hansen LaSata Scranton

Bovin Hart Mead Sheltrown

Brown, C. Howell Meyer Spade

Brown, R. Jansen Middaugh Stamas

Caul Jelinek Mortimer Tabor

DeRossett Johnson, Rick Neumann Van Woerkom

DeVuyst Johnson, Ruth Newell Vander Roest

Ehardt Julian Pappageorge Vander Veen

George

In The Chair: Ehardt

Rep. DeRossett moved to reconsider the vote by which the House adopted the amendments.

The question being on the motion made by Rep. DeRossett,

Rep. Woodward demanded the yeas and nays.

The demand was supported.

The question being on the motion made by Rep. DeRossett,

The motion prevailed, a majority of the members present voting therefor, by yeas and nays, as follows:

Roll Call No. 598 Yeas--58

Allen George Kuipers Rocca

Birkholz Gilbert LaSata Scranton

Bisbee Godchaux Mead Sheltrown

Bishop Hager Meyer Shulman

Bradstreet Hart Middaugh Stamas

Brown, C. Howell Mortimer Stewart

Brown, R. Hummel Newell Tabor

Cassis Jansen Palmer Toy

Caul Jelinek Pappageorge Van Woerkom

DeRossett Johnson, Rick Patterson Vander Roest

DeVuyst Johnson, Ruth Raczkowski Vander Veen

DeWeese Julian Richardville Vear

Drolet Koetje Richner Voorhees

Ehardt Kooiman Rivet Woronchak

Faunce Kowall

Nays--40

Adamini Daniels Lemmons Reeves

Anderson Dennis Lipsey Rison

Basham Frank Lockwood Schauer

Bernero Gieleghem McConico Spade

Bogardus Hale Minore Switalski

Bovin Hansen Murphy Thomas

Brown, B. Hardman Neumann Waters

Callahan Jacobs O'Neil Williams

Clark, I. Jamnick Pestka Woodward

Clarke, H. Kolb Plakas Zelenko

In The Chair: Ehardt

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

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

The motion prevailed.

By unanimous consent the House returned to the order of

Third Reading of Bills

House Bill No. 5805, entitled

A bill to amend 1996 PA 376, entitled "Michigan renaissance zone act," by amending section 4 (MCL 125.2684), as amended by 2000 PA 259.

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

Roll Call No. 599 Yeas--100

Adamini Ehardt Kowall Rison

Allen Faunce Kuipers Rivet

Anderson Frank LaSata Rocca

Basham George Lemmons Schauer

Bernero Gieleghem Lipsey Scranton

Birkholz Gilbert Lockwood Sheltrown

Bisbee Godchaux McConico Shulman

Bishop Gosselin Mead Spade

Bogardus Hager Meyer Stamas

Bovin Hale Middaugh Stewart

Bradstreet Hansen Minore Switalski

Brown, B. Hardman Mortimer Tabor

Brown, C. Hart Murphy Thomas

Brown, R. Howell Neumann Toy

Callahan Hummel Newell Van Woerkom

Cassis Jacobs O'Neil Vander Roest

Caul Jamnick Palmer Vander Veen

Clark, I. Jansen Pappageorge Vear

Clarke, H. Jelinek Patterson Voorhees

Daniels Johnson, Rick Pestka Waters

Dennis Johnson, Ruth Plakas Williams

DeRossett Julian Raczkowski Wojno

DeVuyst Koetje Reeves Woodward

DeWeese Kolb Richardville Woronchak

Drolet Kooiman Richner Zelenko

Nays--0

In The Chair: Ehardt

The House agreed to the title of the bill.

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

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

House Bill No. 5806, entitled

A bill to amend 1996 PA 376, entitled "Michigan renaissance zone act," by amending section 6 (MCL 125.2686), as amended by 2000 PA 259.

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

Roll Call No. 600 Yeas--100

Nays--0

In The Chair: Ehardt

The House agreed to the title of the bill.

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

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

House Bill No. 5778, entitled

A bill to amend 1961 PA 236, entitled "Revised judicature act of 1961," by amending section 949 (MCL 600.949), as amended by 1980 PA 69.

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

Roll Call No. 601 Yeas--97

Adamini George LaSata Rivet

Allen Gieleghem Lemmons Rocca

Anderson Gilbert Lipsey Schauer

Basham Godchaux Lockwood Scranton

Bernero Gosselin McConico Sheltrown

Birkholz Hager Mead Shulman

Bisbee Hale Meyer Spade

Bishop Hansen Middaugh Stamas

Bogardus Hardman Minore Stewart

Brown, B. Hart Mortimer Switalski

Brown, C. Howell Murphy Tabor

Brown, R. Hummel Neumann Thomas

Callahan Jacobs Newell Toy

Cassis Jamnick O'Neil Van Woerkom

Caul Jansen Palmer Vander Roest

Clark, I. Jelinek Pappageorge Vander Veen

Clarke, H. Johnson, Rick Patterson Vear

Daniels Johnson, Ruth Pestka Voorhees

Dennis Julian Plakas Waters

DeRossett Koetje Raczkowski Williams

DeVuyst Kolb Reeves Wojno

DeWeese Kooiman Richardville Woodward

Ehardt Kowall Richner Woronchak

Faunce Kuipers Rison Zelenko

Frank

Nays--1

Drolet

In The Chair: Ehardt

The House agreed to the title of the bill.

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

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

House Bill No. 5845, entitled

A bill to repeal 1931 PA 235, entitled "An act authorizing cities to borrow money and to issue bonds for the purpose of defraying part or all of the city's share of the cost and expense of separating grades for railroads and public highways and streets where such railroads intersect such highways and streets, including part or all of the city's share of the cost and expense of the elevation or depression of such railroads, highways and streets, and including the defraying of part or all of the city's share of the damages resulting to abutting property by reason of such separation of grades, or the elevation or depression of such railroads, public highways or streets," (MCL 253.91).

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

Roll Call No. 602 Yeas--99

Adamini Ehardt Kowall Rison

Allen Faunce Kuipers Rivet

Anderson Frank LaSata Rocca

Basham George Lemmons Schauer

Bernero Gieleghem Lipsey Scranton

Birkholz Gilbert Lockwood Sheltrown

Bisbee Godchaux McConico Shulman

Bishop Gosselin Mead Spade

Bogardus Hager Meyer Stamas

Bovin Hale Middaugh Stewart

Bradstreet Hansen Minore Switalski

Brown, B. Hardman Mortimer Tabor

Brown, C. Hart Murphy Thomas

Brown, R. Howell Neumann Toy

Callahan Hummel Newell Van Woerkom

Cassis Jacobs O'Neil Vander Roest

Caul Jamnick Palmer Vander Veen

Clark, I. Jansen Pappageorge Vear

Clarke, H. Jelinek Patterson Waters

Daniels Johnson, Rick Pestka Williams

Dennis Johnson, Ruth Plakas Wojno

DeRossett Julian Raczkowski Woodward

DeVuyst Koetje Reeves Woronchak

DeWeese Kolb Richardville Zelenko

Drolet Kooiman Richner

Nays--0

In The Chair: Ehardt

The House agreed to the title of the bill.

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

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

Senate Bill No. 1068, entitled

A bill to repeal 1919 PA 325, entitled "An act to authorize and empower cities to own and acquire land, by gift, purchase, condemnation, or otherwise, for the erection of memorials to soldiers and sailors; to authorize the erection of such memorials and determine the character thereof; to provide for the appropriation of money for the acquisition, erection and maintenance thereof, for the assessment, levy and collection of taxes, the borrowing of money, and the issuing of bonds therefor, and for the custody, control and management of such memorials," (MCL 35.871 to 35.873).

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

Roll Call No. 603 Yeas--97

Adamini Ehardt Kooiman Rivet

Allen Faunce Kowall Rocca

Anderson Frank Kuipers Schauer

Basham George LaSata Scranton

Bernero Gieleghem Lemmons Sheltrown

Birkholz Gilbert Lipsey Shulman

Bisbee Godchaux Lockwood Spade

Bishop Gosselin Mead Stamas

Bogardus Hager Meyer Stewart

Bovin Hale Middaugh Switalski

Bradstreet Hansen Minore Tabor

Brown, B. Hardman Mortimer Thomas

Brown, C. Hart Murphy Toy

Brown, R. Howell Neumann Van Woerkom

Callahan Hummel Newell Vander Roest

Cassis Jacobs O'Neil Vander Veen

Caul Jamnick Palmer Vear

Clark, I. Jansen Pappageorge Voorhees

Clarke, H. Jelinek Patterson Waters

Daniels Johnson, Rick Pestka Williams

Dennis Johnson, Ruth Plakas Wojno

DeRossett Julian Richardville Woodward

DeVuyst Koetje Richner Woronchak

DeWeese Kolb Rison Zelenko

Drolet

Nays--0

In The Chair: Ehardt

The House agreed to the title of the bill.

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

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

______

Rep. Lipsey moved that Rep. McConico be excused temporarily from today's session.

The motion prevailed.

Senate Bill No. 1069, entitled

A bill to amend 1951 PA 33, entitled "An act to provide police and fire protection for townships and for certain areas in townships, certain incorporated villages, and cities under 15,000 population; to authorize contracting for fire and police protection; to authorize the purchase of fire and police equipment, and the maintenance and operation of the equipment; to provide for defraying the cost of the equipment; to authorize the creation of special assessment districts and the levying and collecting of special assessments; to authorize the issuance of special assessment bonds in anticipation of the collection of special assessments and the advancement of the amount necessary to pay such bonds, and to provide for reimbursement for such advances by reassessment if necessary; to authorize the collection of fees for certain emergency services in townships and other municipalities; to authorize the creation of administrative boards and to prescribe their powers and duties; to provide for the appointment of traffic officers and to prescribe their powers and duties; and to repeal certain acts and parts of acts," by amending section 1 (MCL 41.801), as amended by 1998 PA 545.

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

Roll Call No. 604 Yeas--98

Adamini Ehardt Kuipers Rivet

Allen Faunce LaSata Rocca

Anderson Frank Lemmons Schauer

Basham George Lipsey Scranton

Bernero Gieleghem Lockwood Sheltrown

Birkholz Gilbert Mead Shulman

Bisbee Godchaux Meyer Spade

Bishop Gosselin Middaugh Stamas

Bogardus Hager Minore Stewart

Bovin Hale Mortimer Switalski

Bradstreet Hansen Murphy Tabor

Brown, B. Hardman Neumann Thomas

Brown, C. Hart Newell Toy

Brown, R. Howell O'Neil Van Woerkom

Callahan Hummel Palmer Vander Roest

Cassis Jacobs Pappageorge Vander Veen

Caul Jamnick Patterson Vear

Clark, I. Jansen Pestka Voorhees

Clarke, H. Jelinek Plakas Waters

Daniels Johnson, Rick Raczkowski Williams

Dennis Johnson, Ruth Reeves Wojno

DeRossett Julian Richardville Woodward

DeVuyst Koetje Richner Woronchak

DeWeese Kooiman Rison Zelenko

Drolet Kowall

Nays--0

In The Chair: Ehardt

The House agreed to the title of the bill.

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

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

Senate Bill No. 1070, entitled

A bill to repeal 1911 PA 228, entitled "An act to authorize the boards of supervisors of the several counties in this state to borrow money, and issue bonds therefor, for the purchase of land and improve the same by the erection of buildings and other improvements thereon or for the purpose of improving and erecting buildings upon lands already purchased and held by said county to be used for the purpose of holding thereon fairs and exhibitions of an agricultural character," (MCL 46.111).

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

Roll Call No. 605 Yeas--99

Adamini Ehardt Kuipers Rivet

Allen Faunce LaSata Rocca

Anderson Frank Lemmons Schauer

Basham George Lipsey Scranton

Bernero Gieleghem Lockwood Sheltrown

Birkholz Gilbert McConico Shulman

Bisbee Godchaux Mead Spade

Bishop Gosselin Meyer Stamas

Bogardus Hager Middaugh Stewart

Bovin Hale Minore Switalski

Bradstreet Hansen Mortimer Tabor

Brown, B. Hardman Murphy Thomas

Brown, C. Hart Neumann Toy

Brown, R. Howell Newell Van Woerkom

Callahan Hummel O'Neil Vander Roest

Cassis Jacobs Palmer Vander Veen

Caul Jansen Pappageorge Vear

Clark, I. Jelinek Patterson Voorhees

Clarke, H. Johnson, Rick Pestka Waters

Daniels Johnson, Ruth Plakas Williams

Dennis Julian Raczkowski Wojno

DeRossett Koetje Reeves Woodward

DeVuyst Kolb Richardville Woronchak

DeWeese Kooiman Richner Zelenko

Drolet Kowall Rison

Nays--0

In The Chair: Ehardt

The House agreed to the title of the bill.

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

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

Senate Bill No. 1071, entitled

A bill to repeal 1911 PA 26, entitled "An act to legalize the proceedings taken by any village in the state of Michigan, incorporated under Act No. 3 of the Public Acts of 1895, as amended, authorizing the issuance of bonds for the purpose of securing an additional water supply and extending the municipal lighting plant of any such village," (MCL 79.1 to 79.2).

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

Roll Call No. 606 Yeas--100

Nays--0

In The Chair: Ehardt

The House agreed to the title of the bill.

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

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

Senate Bill No. 1072, entitled

A bill to repeal 1925 PA 209, entitled "An act to authorize any incorporated village having a population of 1,000 or less, which may be the county seat of any county in this state, to borrow money, and issue bonds therefor, for the purpose of buying or building a courthouse or jail or both for said county in such village, upon approval of the electors of said village," (MCL 79.41 to 79.43).

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

Roll Call No. 607 Yeas--100

Nays--0

In The Chair: Ehardt

The House agreed to the title of the bill.

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

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

Senate Bill No. 1075, entitled

A bill to amend 1923 PA 150, entitled "An act to authorize and empower counties, cities, villages and townships or any combination of them, to singly or jointly acquire by gift, devise or public condemnation a site or sites and/or construct, erect, lease, sub-lease and maintain public buildings for the purpose of housing within the same building or buildings city, county, village or township offices, and/or for any other public uses and purposes, which may include a memorial hall for war veterans of the United States of America and for public assemblage," by amending section 5 (MCL 123.925).

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

Roll Call No. 608 Yeas--100

Nays--0

In The Chair: Ehardt

The House agreed to the title of the bill.

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

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

Senate Bill No. 1077, entitled

A bill to amend 1974 PA 338, entitled "Economic development corporations act," by amending sections 6a, 7, 8, and 23 (MCL 125.1606a, 125.1607, 125.1608, and 125.1623), section 6a as added and sections 7, 8, and 23 as amended by 1980 PA 501.

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

Roll Call No. 609 Yeas--99

Adamini Ehardt Kowall Rivet

Allen Faunce Kuipers Rocca

Anderson Frank LaSata Schauer

Basham George Lemmons Scranton

Bernero Gieleghem Lipsey Sheltrown

Birkholz Gilbert Lockwood Shulman

Bisbee Godchaux McConico Spade

Bishop Gosselin Mead Stamas

Bogardus Hager Meyer Stewart

Bovin Hale Middaugh Switalski

Bradstreet Hansen Mortimer Tabor

Brown, B. Hardman Murphy Thomas

Brown, C. Hart Neumann Toy

Brown, R. Howell Newell Van Woerkom

Callahan Hummel O'Neil Vander Roest

Cassis Jacobs Palmer Vander Veen

Caul Jamnick Pappageorge Vear

Clark, I. Jansen Patterson Voorhees

Clarke, H. Jelinek Pestka Waters

Daniels Johnson, Rick Plakas Williams

Dennis Johnson, Ruth Raczkowski Wojno

DeRossett Julian Reeves Woodward

DeVuyst Koetje Richardville Woronchak

DeWeese Kolb Richner Zelenko

Drolet Kooiman Rison

Nays--0

In The Chair: Ehardt

Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows:

"An act to provide for the creation of public economic development corporations; to prescribe their powers and duties; to provide for their dissolution; to provide for the issuance of notes and other evidence of indebtedness; to provide for the issuance of bonds; to validate bonds, notes, and other evidence of indebtedness; to provide for condemnation of property; to provide for the undertaking of projects relative to the economic development of municipalities; to provide for loans, grants, transfers, and conveyances of funds and property by municipalities, and disbursement of certain funds to public economic development corporations; to provide for the creation of subsidiary neighborhood development corporations by certain economic development corporations; to provide for the receipt by public economic development corporations of funds and property; to provide for industrial and commercial enterprises and for enterprises involved in housing or neighborhood improvement, and furnishings, equipment, and machinery for the industrial and commercial enterprises and housing; to validate the incorporation of de facto economic development corporations and all actions of the de facto corporations; and to provide savings provisions,".

The House agreed to the full title.

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

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

Second Reading of Bills

The House returned to the consideration of

Senate Bill No. 989, entitled

(The bill was considered earlier today, see today's Journal, p. 1261.)

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

Rep. Woodward withdrew the amendments.

Rep. Woodward moved to amend the bill as follows:

1. Amend page 47, line 27, by striking out "grossly".

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

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

The motion prevailed.

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

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

By unanimous consent the House returned to the order of

Third Reading of Bills

Senate Bill No. 989, entitled

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

Roll Call No. 610 Yeas--95

Adamini Faunce Kuipers Rivet

Allen Frank LaSata Rocca

Anderson George Lemmons Schauer

Basham Gieleghem Lipsey Scranton

Bernero Gilbert Lockwood Sheltrown

Birkholz Godchaux McConico Shulman

Bisbee Hager Mead Spade

Bishop Hale Meyer Stamas

Bogardus Hansen Middaugh Stewart

Bovin Hardman Minore Switalski

Brown, B. Hart Mortimer Tabor

Brown, C. Howell Murphy Thomas

Brown, R. Hummel Neumann Toy

Callahan Jacobs Newell Van Woerkom

Cassis Jamnick O'Neil Vander Roest

Caul Jansen Palmer Vander Veen

Clark, I. Jelinek Pappageorge Vear

Clarke, H. Johnson, Rick Patterson Voorhees

Daniels Johnson, Ruth Pestka Waters

Dennis Julian Plakas Williams

DeRossett Koetje Raczkowski Wojno

DeVuyst Kolb Reeves Woronchak

DeWeese Kooiman Richardville Zelenko

Ehardt Kowall Richner

Nays--4

Bradstreet Drolet Gosselin Woodward

In The Chair: Ehardt

Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows:

"An act to protect the environment and natural resources of the state; to codify, revise, consolidate, and classify laws relating to the environment and natural resources of the state; to regulate the discharge of certain substances into the environment; to regulate the use of certain lands, waters, and other natural resources of the state; to prescribe the powers and duties of certain state and local agencies and officials; to provide for certain charges, fees, and assessments; to provide certain appropriations; to prescribe penalties and provide remedies; to repeal certain parts of this act on a specific date; and to repeal certain acts and parts of acts,".

The House agreed to the full title.

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

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

______

Rep. Gosselin, 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 this bill because it includes substantial increases on fees paid by legitimate businesses which perform an important function in guaranteeing the safety of our food supply. I support additional environmental safeguards contained in the bill, and regret that a successful effort to roll back the fee increases was defeated by procedural actions.

Money is fungible. Once paid to the state, taxes and fees all go into the same pot. Too often in recent times politicians who know voters will rebel at tax increases, have increased government revenue through the 'back door' with endless fee increases. If the government can't accomplish the tasks past legislatures have given it, then we should limit those tasks, not seek 'back door' revenue hikes."

Rep. Woodward, 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 against Senate Bill 989 for the following reasons: I believe that the Michigan Department of Agriculture has the responsibility to insure that the families of Michigan are protected from harm. In regards to pesticide application, I believe the people of Michigan were not best served by this legislation. The MDA has the responsibility of regulating pesticides and their application. But what happens when the MDA finds a company guilty of misapplying pesticides in someone's home? There is nothing MDA is empowered to do to guarantee the pesticide is cleaned up. This is a public safety issue and unfortunately the consumers loose in the absence of amendments that I offered to this bill. Angela Essenmacher of Royal Oak also looses. She can't live her in house because of misapplied pesticides that were not cleaned up by a chemical company. Because of her situation, I learned that something needs to change at the MDA to insure what happened to her never happens to anyone else. I offered amendments to guarantee clean up of pesticides when a pesticide company misapplies them in ones home, not only for Ms. Essenmacher, but also for all families in Michigan that may unfortunately be in her same situation. It is shameful we did not act to protect the people of Michigan by making sure that if a pesticide company wrongs you, people have the certainty the mess will be cleaned up. Until this is done the State of Michigan has not done the job right."

Second Reading of Bills

House Bill No. 5819, entitled

A bill to amend 1980 PA 299, entitled "Occupational code," by amending sections 2012 and 2014 (MCL 339.2012 and 339.2014), as amended by 1992 PA 103.

The bill was read a second time.

Rep. Patterson moved to amend the bill as follows:

1. Amend page 2, line 5, by striking out "RESIDENTIAL building" and inserting "SINGLE-FAMILY DETACHED RESIDENTIAL DWELLING".

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

Rep. Middaugh moved to reconsider the vote by which the House adopted the amendment.

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

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

Rep. Patterson withdrew the amendment.

Reps. Kuipers, Patterson, Rivet and Mortimer moved to amend the bill as follows:

1. Amend page 2, line 4, after "a" by striking out "RESIDENTIAL" and inserting "DETACHED 1- AND 2-FAMILY residence".

2. Amend page 2, line 6, after "area." by inserting "FOR PURPOSES OF THIS SUBDIVISION, DETACHED 1- AND 2-FAMILY RESIDENCE BUILDING DOES NOT INCLUDE AN ADULT FOSTER CARE HOME LICENSED UNDER THE ADULT FOSTER CARE FACILITY LICENSING ACT, 1979 PA 218, MCL 400.701 TO 400.737.".

The motion prevailed and the amendments were adopted, a majority of the members serving voting therefor.

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

The motion prevailed.

Rep. Middaugh 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. 5819, entitled

A bill to amend 1980 PA 299, entitled "Occupational code," by amending sections 2012 and 2014 (MCL 339.2012 and 339.2014), as amended by 1992 PA 103.

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

Roll Call No. 611 Yeas--98

Adamini Ehardt Kuipers Rivet

Allen Faunce LaSata Rocca

Anderson Frank Lemmons Schauer

Basham George Lipsey Scranton

Bernero Gieleghem Lockwood Sheltrown

Birkholz Gilbert McConico Shulman

Bisbee Gosselin Mead Spade

Bishop Hager Meyer Stamas

Bogardus Hale Middaugh Stewart

Bovin Hansen Mortimer Switalski

Bradstreet Hardman Murphy Tabor

Brown, B. Hart Neumann Thomas

Brown, C. Howell Newell Toy

Brown, R. Hummel O'Neil Van Woerkom

Callahan Jacobs Palmer Vander Roest

Cassis Jamnick Pappageorge Vander Veen

Caul Jansen Patterson Vear

Clark, I. Jelinek Pestka Voorhees

Clarke, H. Johnson, Rick Plakas Waters

Daniels Johnson, Ruth Raczkowski Williams

Dennis Julian Reeves Wojno

DeRossett Koetje Richardville Woodward

DeVuyst Kolb Richner Woronchak

DeWeese Kooiman Rison Zelenko

Drolet Kowall

Nays--1

Godchaux

In The Chair: Ehardt

The House agreed to the title of the bill.

Rep. Middaugh 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. 4651, entitled

A bill to amend 1949 PA 300, entitled "Michigan vehicle code," by amending section 803e (MCL 257.803e), as amended by 1998 PA 68.

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

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

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

The motion prevailed.

Rep. Middaugh 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. 4651, entitled

A bill to amend 1949 PA 300, entitled "Michigan vehicle code," by amending section 803e (MCL 257.803e), as amended by 1998 PA 68.

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

Roll Call No. 612 Yeas--95

Adamini Ehardt Kooiman Rocca

Allen Faunce Kowall Schauer

Anderson Frank Kuipers Scranton

Basham George LaSata Sheltrown

Bernero Gieleghem Lemmons Shulman

Birkholz Gilbert Lipsey Spade

Bisbee Godchaux Lockwood Stamas

Bishop Gosselin Mead Stewart

Bogardus Hager Meyer Switalski

Bovin Hale Middaugh Tabor

Bradstreet Hansen Mortimer Thomas

Brown, B. Hardman Murphy Toy

Brown, C. Hart Neumann Van Woerkom

Brown, R. Howell Newell Vander Roest

Callahan Hummel O'Neil Vander Veen

Cassis Jacobs Palmer Vear

Caul Jamnick Pappageorge Voorhees

Clarke, H. Jansen Patterson Waters

Daniels Jelinek Pestka Williams

Dennis Johnson, Rick Raczkowski Wojno

DeRossett Johnson, Ruth Reeves Woodward

DeVuyst Julian Richardville Woronchak

DeWeese Koetje Richner Zelenko

Drolet Kolb Rison

Nays--0

In The Chair: Ehardt

The House agreed to the title of the bill.

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

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

Reps. Adamini, Anderson, Basham, Bernero, Birkholz, Bisbee, Bogardus, Bovin, Bradstreet, Cameron Brown, Rich Brown, Callahan, Cassis, Caul, Clark, Daniels, Dennis, DeRossett, DeWeese, Drolet, Faunce, Frank, George, Gilbert, Hager, Hansen, Hardman, Howell, Hummel, Jacobs, Jamnick, Jansen, Jelinek, Kolb, Kowall, LaSata, Lemmons, Lipsey, Lockwood, Mead, Meyer, Middaugh, Mortimer, Murphy, Neumann, Newell, O'Neil, Palmer, Patterson, Pestka, Plakas, Richner, Rison, Rivet, Rocca, Schauer, Sheltrown, Shulman, Spade, Stamas, Stewart, Tabor, Toy, Vander Roest,
Vander Veen, Van Woerkom, Vear, Voorhees, Williams, Wojno, Woodward and Zelenko were named co-sponsors of the bill.

______

Associate Speaker Pro Tempore Julian resumed the Chair.

Rep. Middaugh 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. Neumann, Lipsey, McConico, Lemmons, Stamas, Hager, Dennis, Frank, Sheltrown, Richardville, DeRossett, Clark, Pappageorge, Julian, Woronchak, Shulman, Raczkowski, George, Meyer, Gosselin, Bradstreet, Drolet,
Vander Roest, Vander Veen, Switalski, Hansen, Schauer, Gieleghem, Bovin, DeWeese, Wojno, Rivet, O'Neil, Thomas, Hardman, Adamini, Caul, Waters, Jamnick, Rison, Zelenko, Reeves, Spade, Minore, Kolb, Plakas, Basham, Woodward, Daniels, Birkholz, Hale, Faunce, Koetje, Rich Brown, Clarke, Vear, Voorhees, Murphy and Lockwood offered the following resolution:

House Resolution No. 420.

A resolution commemorating the courage and heroism of Lt. Chris Sullivan, Carl Bedigian, John Florio, Mike Roberts, Kenny Watson, and all the firefighters of Engine 214, Ladder 111 of the New York City Fire Department and proclaiming May 2, 2002, as a day to honor them.

Whereas, On September 11, 2001, Lt. Chris Sullivan, Carl Bedigian, John Florio, Mike Roberts, and Kenny Watson of Engine 214, Ladder 111 of the New York City Fire Department responded to one of the most tragic events in the history of the United States. These five men gave of themselves selflessly at the New York City's World Trade Center. By answering their station's alarm they gave the ultimate sacrifice of duty, to offer their lives so that others might be saved; and

Whereas, These five men exemplify that there is unquestionably no greater act of valor than that of one who lays down his or her life for a friend or stranger. Their courage, heroism, and patriotism during the acts of September 11, 2001, have inspired our nation and strengthened our resolve during the tenuous days that have followed; and

Whereas, As the families of Chris, Carl, John, Mike, Kenny, and the firefighters of Engine 214, Ladder 111 have lost a father, husband, brother, son, companion, and/or fellow firefighter, may they be comforted by the knowledge and understanding that their loss is shared by our country as a whole. May the families, friends, and fellow firefighters know that these men shall forever be remembered in the hearts and minds of persons from all over the world as heroes in heart and action; now, therefore, be it

Resolved by the House of Representatives, That the members of this legislative body commend the courage and heroism of Lt. Chris Sullivan, Carl Bedigian, John Florio, Mike Roberts, Kenny Watson, and all the firefighters of Engine 214, Ladder 111 and proclaim May 2, 2002, as a day to honor them; and be it further

Resolved, That copies of this resolution be transmitted to the family, friends, and fellow firefighters of Lt. Chris Sullivan, Carl Bedigian, John Florio, Mike Roberts, and Kenny Watson.

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. Lemmons, Lipsey, McConico, Hager, Dennis, Stewart, Sheltrown, Richardville, DeRossett, Clark, Pappageorge, Raczkowski, Drolet, Vander Roest, Neumann, Switalski, Hansen, Gieleghem, Bovin, DeWeese, Bernero, Wojno, Rivet, O'Neil, Thomas, Hardman, Adamini, Waters, Jamnick, Rison, Zelenko, Reeves, Spade, Minore, Kolb, Plakas, Woodward, Daniels, Hale, Rich Brown, Clarke, Murphy and Lockwood offered the following resolution:

House Resolution No. 421.

A resolution commemorating the 10th anniversary of Grandparents United Intergenerational Developmental Education (Project GUIDE) and to express appreciation for their valuable contributions in Michigan.

Whereas, We are proud to join with the members, officers, and friends of Grandparents United Intergenerational Developmental Education (Project GUIDE), a program of the Neighborhood Service Organization, as they gather to mark the 10th anniversary of this outstanding group. This milestone is a reflection of unselfishness and commitment to the common good that is most commendable. While the members of this distinguished organization celebrate 10 years of service, we offer our thanks for the gifts they have shared within the city of Detroit and throughout Michigan; and

Whereas, Grandparents United Intergenerational Developmental Education can trace its origins back to 1992 and the aspirations of its founders. In the years that have followed since they first came together, this organization has adapted to changes in society, membership, and expectations. This ability to grow and change has shown the belief that members have maintained in their mission of service and the unity of the membership. Project GUIDE was the first model program of its kind to service the grandparent and the grandchild and was among the first in the nation. Project GUIDE provides weekly support group meetings, respite for grandparents, recreation for grandchildren, life skills workshops, advocacy, and transportation. Recent funding has allowed the program to hire a therapist who can make home visits when necessary. The organization's noteworthy mission is to measurably improve the health and welfare of intergenerational custodial families and reduce the social isolation of grandparents who have custodial responsibilities for grandchildren due to drug related problems in the children's family of origin; and

Whereas, With ceremonies to celebrate its history, the members and officers of Grandparents United Intergenerational Developmental Education will remember the vision of many people and the hours and years of commitment that have brought the group to this point. Fittingly, as they look to the past, they will also be casting an eye to the future and to the many ways in which Grandparents United Intergenerational Developmental Education will continue to reach out in our state; now, therefore, be it

Resolved by the House of Representatives, That the members of this legislative body commemorate the 10th anniversary of Grandparents United Intergenerational Developmental Education (Project GUIDE) and express appreciation for their valuable contributions in Michigan; and be it further

Resolved, That a copy of this resolution be transmitted to Grandparents United Intergenerational Developmental Education and the Neighborhood Service Organization as evidence of our appreciation.

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. McConico, Thomas, Lipsey, Hale, Williams, Daniels, Hardman, Phillips, Jacobs, Spade, Mans, O'Neil, Lockwood, Waters, Murphy, Rivet, Bob Brown, Sheltrown, Woodward, Dennis, Plakas, Quarles, Rison, Zelenko, Anderson, Reeves, Gieleghem, Bogardus, Frank, Clarke, Schauer, Hansen, Lemmons, Stewart, Clark, Bernero, Wojno, Jamnick, Minore, Kolb, Rich Brown and Lockwood offered the following resolution:

House Resolution No. 422.

A resolution to express opposition to the dissolution of the city of Highland Park through annexation or other means.

Whereas, The city of Highland Park, Michigan, has a population of more than 16,000; and

Whereas, Highland Park is the birthplace of mass production; and

Whereas, Highland Park faces fiscal challenges not unlike most urban areas of the United States; and

Whereas, In spite of challenges, Highland Park continues to attract industrial, commercial, and residential developments; and

Whereas, This is an opportunity for leadership on the state level to design a model for the rescue of challenged urban areas; and

Whereas, In discussions about the future of the Highland Park community, the voices of its citizens must be heard; now, therefore, be it

Resolved by the House of Representatives, That we express opposition to the dissolution of the city of Highland Park through annexation or other means. We urge the Governor to reject any proposals for annexation or merger that would dissolve Highland Park. We also urge that no actions be taken and no changes made to the Highland Park city charter without a vote of the citizens of Highland Park; and be it further

Resolved, That copies of this resolution be transmitted to the Office of the Governor and to the members of the Michigan congressional delegation.

The resolution was referred to the Committee on Local Government and Urban Policy.

Reps. Bernero, Lipsey, McConico, Lemmons, Dennis, Stewart, Sheltrown, Richardville, DeRossett, Clark, Pappageorge, Julian, Raczkowski, Vander Roest, Neumann, Switalski, Hansen, Schauer, Gieleghem, Bovin, DeWeese, Wojno, Rivet, O'Neil, Thomas, Hardman, Adamini, Waters, Jamnick, Rison, Zelenko, Spade, Minore, Kolb, Plakas, Woodward, Daniels, Birkholz, Hale, Faunce, Rich Brown, Clarke, Murphy and Lockwood offered the following resolution:

House Resolution No. 423.

A resolution honoring the Epsilon Eta Chapter of the Chi Eta Phi Sorority, Inc.

Whereas, It is with great pleasure that we commend the Epsilon Eta Chapter of the Chi Eta Phi Sorority, Inc., as it hosts the 37th annual Middlewest Regional Conference. We offer our heartfelt gratitude to the dedicated members of this organization, who have time and time again worked to promote and encourage health care, never forgetting their motto, "Service for Humanity"; and

Whereas, Chi Eta Phi International Professional Nurses Organization was founded by Ailene Carrington Ewell and 11 nurses in 1932 at Freedmen's Hospital in Washington, D.C. They did this with the twofold purpose of elevating the plane of nursing and increasing interest in the nursing profession. Since that time, this respected group has lived up to its goals of enhancing health care; and

Whereas, There are over 8,000 registered nurses and student nurses who hold membership in Chi Eta Phi Sorority, Inc., with 26 chapters located in the United States, District of Columbia, Liberia, West Africa, and St. Thomas, U.S. Virgin Islands. The Middlewest Region and its graduate and undergraduate chapters have been a beacon in their respective communities, providing program activities with middle and high school students, nursing students, and health promotion activities in various community settings; now, therefore, be it

Resolved by the House of Representatives, That the members of this legislative body honor the Epsilon Eta Chapter of the Chi Eta Phi Sorority, Inc.; and be it further

Resolved, That a copy of this resolution be transmitted to Chi Eta Phi Sorority, Inc., 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. Kowall, Bishop, Raczkowski, Pappageorge, Koetje, Mortimer, Patterson, George, Shackleton, Allen, Drolet, DeRossett, McConico and Shulman offered the following concurrent resolution:

House Concurrent Resolution No. 65.

A concurrent resolution to urge Canadian and United States authorities to adhere to the provisions of their agreement concerning the transboundary movement of hazardous and other waste.

Whereas, The Agreement Between the Government of Canada and the Government of the United States of America Concerning the Transboundary Movement of Hazardous Waste was signed and became effective in 1986. This agreement was amended in 1992 to include municipal solid waste transported across the border. The agreement sets forth specific provisions for notifications and consent; and

Whereas, It has been reported that the notification and consent components of the agreement, which are fundamental to the compact, are not being followed. According the United States Environmental Protection Agency, which is our country's "designated authority" under the agreement, the two governments have not implemented the notice and consent provisions for municipal solid waste shipments. The EPA has neither received notification of municipal waste shipments from Canada nor protested the lack of information; and

Whereas, With the seriousness of the issues involved and the strong objections of many people and groups in our state to the importing of any trash into our state, it is very disturbing to think that a significant tool like the bilateral agreement between the United States and Canada would be ignored. After many frustrations over efforts to regulate imported solid waste, the notification and consent requirements for municipal solid waste can finally give us long-overdue input on the solid waste that is imported; now, therefore, be it

Resolved by the House of Representatives (the Senate concurring), That we urge Canadian and United States authorities to adhere to the provisions of the Agreement Between the Government of Canada and the Government of the United States of America Concerning the Transboundary Movement of Hazardous Waste; and be it

Resolved, That copies of this resolution be transmitted to the Canadian Department of the Environment, the Environmental Protection Agency, 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 concurrent resolution was referred to the Committee on Land Use and Environment.

Reports of Standing Committees

The Committee on Regulatory Reform, by Rep. Rocca, Chair, reported

Senate Bill No. 217, entitled

A bill to regulate the servicing, repair, and maintenance of certain appliances and the compensation received by certain persons for those activities; to provide for certain disclosures and warranties regarding those activities; to limit certain representations by service dealers; and to provide for certain remedies.

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

1. Amend page 1, line 2, by striking out ""appliance repair act"" and inserting ""Joe Gagnon appliance repair act"".

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

Favorable Roll Call

SB 217 To Report Out:

Yeas: Reps. Rocca, Faunce, Raczkowski, Richner, Waters, Williams, Wojno,

Nays: None.

COMMITTEE ATTENDANCE REPORT

The following report, submitted by Rep. Rocca, Chair of the Committee on Regulatory Reform, was received and read:

Meeting held on: Thursday, April 25, 2002, at 10:30 a.m.,

Present: Reps. Rocca, Scranton, Faunce, Raczkowski, Richner, Waters, Williams, Wojno,

Absent: Rep. Garza,

Excused: Rep. Garza.

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Thursday, April 25, 2002, at 8:00 a.m.,

Present: Reps. DeRossett, Julian, Ehardt, Gilbert, Meyer, Van Woerkom, Vear, Sheltrown, Bogardus, Hansen, Spade.

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Thursday, April 25, 2002, at 9:00 a.m.,

Present: Reps. Kuipers, Meyer, Allen, Bradstreet, Hager, Hart, Ruth Johnson, Palmer, Van Woerkom, Voorhees, Hansen, Bogardus, Clark, Gieleghem, Spade, Zelenko,

Absent: Rep. McConico,

Excused: Rep. McConico.

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, April 25, 2002, at 10:30 a.m.,

Present: Reps. DeVuyst, Tabor, Bradstreet, Drolet, Kowall, Rocca, Basham, Sheltrown,

Absent: Reps. Voorhees, Callahan, Garza,

Excused: Reps. Voorhees, Callahan, Garza.

COMMITTEE ATTENDANCE REPORT

The following report, submitted by Rep. Scranton, Chair of the Committee on Health Insurance, was received and read:

Meeting held on: Thursday, April 25, 2002, at 10:30 a.m.,

Present: Reps. Scranton, Richner, Ehardt, Raczkowski, George, Neumann, Switalski, Lockwood,

Absent: Rep. Wojno,

Excused: Rep. Wojno.

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, April 25, 2002, at 10:30 a.m.,

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

Absent: Rep. Quarles,

Excused: Rep. Quarles.

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, April 23:

Senate Bill No. 1248

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

House Bill No. 5955

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

Senate Bill Nos. 540 1233 1234 1235

By unanimous consent the House returned to the order of

Messages from the Senate

House Bill No. 4799, entitled

A bill to amend 1909 PA 279, entitled "The home rule city act," (MCL 117.1 to 117.38) by adding section 5j.

The Senate has passed the bill, ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title.

The House agreed to the full title.

The bill was referred to the Clerk for enrollment printing and presentation to the Governor.

House Bill No. 5486, entitled

A bill to amend 1978 PA 59, entitled "An act relative to condominiums and condominium projects; to prescribe powers and duties of the administrator; to provide certain protections for certain tenants, senior citizens, and persons with disabilities relating to conversion condominium projects; to provide for escrow arrangements; to provide an exemption from certain property tax increases; to impose duties on certain state departments; to prescribe remedies and penalties; and to repeal acts and parts of acts," by amending sections 54, 58, 67, 69, 71, 90, 90a, 108, 112, 135, 173, and 176 (MCL 559.154, 559.158, 559.167, 559.169, 559.171, 559.190, 559.190a, 559.208, 559.212, 559.235, 559.273, and 559.276), sections 54, 58, 67, 69, 90, 108, 112, and 135 as amended and sections 90a and 176 as added by 2000 PA 379, section 71 as amended by 1982 PA 538, and section 173 as amended by 1983 PA 113; and to repeal acts and parts of acts.

The Senate has substituted (S-1) the bill.

The Senate has passed the bill as substituted (S-1).

The Speaker announced that pursuant to Rule 45, the bill was laid over one day.

Senate Bill No. 540, entitled

A bill to authorize the state administrative board 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.

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. 1233, entitled

A bill to amend 1939 PA 288, entitled "Probate code of 1939," by amending sections 11 and 30 of chapter XIIA (MCL 712A.11 and 712A.30), section 11 as amended by 1996 PA 409 and section 30 as amended by 1996 PA 561.

The Senate has passed the bill.

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

Senate Bill No. 1234, entitled

A bill to amend 1927 PA 175, entitled "The code of criminal procedure," by repealing section 1a of chapter IX (MCL 769.1a).

The Senate has passed the bill.

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

Senate Bill No. 1235, entitled

A bill to amend 1988 PA 13, entitled "Juvenile diversion act," by amending section 5 (MCL 722.825), as amended by 1996 PA 137.

The Senate has passed the bill.

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

Messages from the Governor

The following messages from the Governor, approving and signing the following bills at the times designated below, were received and read:

Date: April 23, 2002

Time: 9:45 p.m.

To the Speaker of the House of Representatives:

Sir--I have this day approved and signed

Enrolled House Bill No. 5516 (Public Act No. 183, I.E.), being

An act to amend 1999 PA 276, entitled "An act to revise and codify the laws relating to banks, out-of-state banks, and foreign banks; to provide for their regulation and supervision; to prescribe the powers and duties of banks; to prescribe the powers and duties of certain state agencies and officials; to prescribe penalties; and to repeal acts and parts of acts," (MCL 487.11101 to 487.15105) by adding section 4406.

(Filed with the Secretary of State April 24, 2002, at 4:04 p.m.)

Date: April 23, 2002

Time: 9:47 p.m.

To the Speaker of the House of Representatives:

Sir--I have this day approved and signed

Enrolled House Bill No. 5517 (Public Act No. 184, I.E.), being

An act to amend 1925 PA 285, entitled "An act to provide for the organization, operation, and supervision of credit unions; to provide for the conversion of a state credit union into a federal credit union or a credit union organized and supervised under the laws of any other state or territory of the United States or any other federally insured depository institution and for the conversion of a federal credit union or a credit union organized and supervised under the laws of any other state or territory of the United States or any other federally insured depository institution into a state credit union; and to provide for the merger of credit unions organized and supervised under the laws of this state, credit unions organized and supervised under the laws of any other state or territory of the United States, and federal credit unions," (MCL 490.1 to 490.31) by adding section 16c.

(Filed with the Secretary of State April 24, 2002, at 4:06 p.m.)

Date: April 23, 2002

Time: 9:50 p.m.

To the Speaker of the House of Representatives:

Sir--I have this day approved and signed

Enrolled House Bill No. 5518 (Public Act No. 185, I.E.), being

An act to amend 1980 PA 307, entitled "An act to revise and codify the laws relating to savings and loan associations; to provide for the incorporation, regulation, supervision, and internal administration of associations; to prescribe the rights, powers, and immunities of associations; to provide for voluntary and involuntary changes in the corporate structure of associations; to prescribe the powers, rights, and duties of certain state agencies in relation to associations; to require certain reports and examinations of associations; to prescribe remedies and penalties for violations of this act; and to repeal certain acts and parts of acts," (MCL 491.102 to 491.1202) by adding section 1135.

(Filed with the Secretary of State April 24, 2002, at 4:08 p.m.)

Communications from State Officers

The following communication from the Department of Civil Service was received and read:

April 22, 2002

Enclosed is the updated approved listing of Executive Branch employees having access to Legislative and Judicial data needed to perform their roles and responsibilities as required by our service agreements. This list is effective April 22, 2002 and reflects recommendations made in the April 8, 2002 memo.

Sincerely,

Richard H. Huneke

Project Director

The communication was referred to the Clerk.

Introduction of Bills

Reps. Drolet, Vear, Vander Veen, Voorhees, Vander Roest, Wojno, Richardville, Mortimer, Meyer, Faunce, Birkholz, Toy, Ruth Johnson, Caul, Kowall, Tabor, Woronchak, Rocca and Ehardt introduced

House Bill No. 5956, entitled

A bill to amend 1933 PA 167, entitled "General sales tax act," (MCL 205.51 to 205.78) by adding section 4aa.

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

Reps. Drolet, Hummel, Gosselin, Vander Roest, Mead, Vear, Richardville, Meyer, Gilbert, Hager, Birkholz, Toy, Kowall, Rocca and Ehardt introduced

House Bill No. 5957, 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 Tax Policy.

Rep. DeVuyst introduced

House Bill No. 5958, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending sections 8313, 8314, 8327, 8329, 8333, and 30113 (MCL 324.8313, 324.8314, 324.8327, 324.8329, 324.8333, and 324.30113), section 30113 as amended by 1995 PA 171, and by adding part 33; and to repeal acts and parts of acts.

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

Rep. Callahan introduced

House Bill No. 5959, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending section 8322 (MCL 324.8322).

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

Rep. Callahan introduced

House Bill No. 5960, entitled

A bill to amend 1978 PA 368, entitled "Public health code," by amending section 12562 (MCL 333.12562), as amended by 1999 PA 41.

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

Rep. Callahan introduced

House Bill No. 5961, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending section 9308 (MCL 324.9308), as amended by 1998 PA 463.

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

Reps. Bishop and Gosselin introduced

House Bill No. 5962, entitled

A bill to amend 1969 PA 296, entitled "An act to provide for the transfer of jurisdiction over highways; to provide for the final determination of disputes involving transfers of highway jurisdiction; and to supersede certain acts and parts of acts," by amending section 5 (MCL 247.855), as amended by 1980 PA 12, and by adding section 3a.

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

Rep. Bernero introduced

House Bill No. 5963, entitled

A bill to amend 1975 PA 238, entitled "Child protection law," (MCL 722.621 to 722.638) by adding section 629b.

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

Reps. Bernero, Waters, George, Phillips and Schauer introduced

House Bill No. 5964, entitled

A bill to amend 1975 PA 238, entitled "Child protection law," by amending sections 5, 7, 7b, and 8 (MCL 722.625, 722.627, 722.627b, and 722.628), section 5 as amended by 1998 PA 428, section 7 as amended by 2000 PA 45, section 7b as added by 1997 PA 167, and section 8 as amended by 2000 PA 234.

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

Reps. Vander Veen, Newell, Voorhees, Tabor, Kuipers, Toy, Drolet, Faunce and Hager introduced

House Bill No. 5965, entitled

A bill to establish and regulate the court-appointed special advocate program.

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

Reps. DeWeese and Hager introduced

House Bill No. 5966, entitled

A bill to amend 1975 PA 238, entitled "Child protection law," by amending sections 5, 7, and 8 (MCL 722.625, 722.627, and 722.628), section 5 as amended by 1998 PA 428, section 7 as amended by 2000 PA 45, and section 8 as amended by 2000 PA 234.

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

Reps. Hager, Hart, Ehardt, Gilbert, Julian, Tabor, Vander Veen, Toy, Mortimer, Murphy, Van Woerkom, Bernero, Birkholz, Richardville, Voorhees, Ruth Johnson, Pappageorge, Newell, Vear, Stamas, Gosselin, DeVuyst, Howell, Bishop, Stewart, Jelinek, Cassis, Bisbee, Kuipers, DeRossett, Thomas, DeWeese, Hale and Lemmons introduced

House Bill No. 5967, entitled

A bill to amend 1994 PA 204, entitled "The children's ombudsman act," by amending the title and sections 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, and 12 (MCL 722.921, 722.922, 722.923, 722.924, 722.925, 722.926, 722.927, 722.928, 722.929, 722.930, 722.931, and 722.932); and to repeal acts and parts of acts.

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

Rep. Hart introduced

House Bill No. 5968, entitled

A bill to amend 1999 PA 94, entitled "Michigan merit award scholarship act," by amending section 7 (MCL 390.1457).

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

______

Rep. Hale moved that the House adjourn.

The motion prevailed, the time being 3:10 p.m.

Associate Speaker Pro Tempore Julian declared the House adjourned until Tuesday, April 30, at 2:00 p.m.

GARY L. RANDALL

Clerk of the House of Representatives.

Adamini	Frank	LaSata	Rocca
Allen	George	Lemmons	Schauer
Anderson	Gieleghem	Lipsey	Schermesser
Basham	Gilbert	Lockwood	Scranton
Bernero	Godchaux	McConico	Sheltrown
Birkholz	Gosselin	Mead	Shulman
Bisbee	Hager	Meyer	Spade
Bishop	Hale	Middaugh	Stamas
Bogardus	Hansen	Minore	Stewart
Bovin	Hardman	Mortimer	Switalski
Brown, B.	Hart	Murphy	Tabor
Brown, C.	Howell	Neumann	Thomas
Brown, R.	Hummel	Newell	Toy
Callahan	Jacobs	O'Neil	Van Woerkom
Cassis	Jamnick	Palmer	Vander Roest
Caul	Jansen	Pappageorge	Vander Veen
Clark, I.	Jelinek	Patterson	Vear
Clarke, H.	Johnson, Rick	Pestka	Voorhees
Daniels	Johnson, Ruth	Plakas	Waters
Dennis	Julian	Raczkowski	Williams
DeRossett	Koetje	Reeves	Wojno
DeVuyst	Kolb	Richardville	Woodward
DeWeese	Kooiman	Richner	Woronchak
Ehardt	Kowall	Rison	Zelenko
Faunce	Kuipers	Rivet

M.C.L.	Category	Class			Description	Stat Max
750.535(2)	Property	D	Receiving or concealing stolen property having
				a value of $20,000 or more or with prior
				convictions		10
750.535(3)	Property	E	Receiving or concealing stolen property having
				a value of $1,000 to $20,000 or with prior
				convictions		5
750.535a(2)	Pub ord	D	Operating a chop shop			10
750.535a(3)	Pub ord	D	Operating a chop shop, subsequent violation			10
750.535b	Pub saf	E	Stolen firearms or ammunition			10
750.539c	Pub ord	H	Eavesdropping			2
750.539d	Pub ord	H	Installing eavesdropping device			2
750.539e	Pub ord	H	Divulging or using information obtained by
				eavesdropping		2
750.539f	Pub ord	H	Manufacture or possession of eavesdropping device			2
750.540	Pub ord	H	Tapping or cutting telephone lines			2
750.540c(3)	Property	F	Manufacturing or delivering a counterfeit
				communications device		4
750.540f(2)	Property	E	Knowingly publishing a communications access
				device with prior convictions		5
750.540g(1)(c)	Property	E	Diverting telecommunication services having a
				value of $1,000 to $20,000 or with prior convictions			5
750.540g(1)(d)	Property	D	Diverting telecommunications services having a
				value of $20,000 or more or with prior convictions			10
750.543f	Person	A	Terrorism without causing death			Life
750.543H(3)(A)	PUB ORD	B	HINDERING PROSECUTION OF
				TERRORISM -- CERTAIN TERRORIST ACTS		20

750.543H(3)(B)	Pub ord	A	Hindering prosecution of terrorism -- ACT
				OF TERRORISM	Life
750.543k	Pub saf	B	Soliciting OR PROVIDING material support for
				terrorism or terrorist acts	20
750.543m	Pub ord	B	Threat or false report of terrorism		20
750.543p	Pub saf	B	Use of internet or telecommunications to commit
				~~terrorism~~ CERTAIN TERRORIST ACTS	20
750.543r	Pub saf	B	~~Surveillance~~ POSSESSION of vulnerable target
				INFORMATION with intent to commit
				~~terrorism~~ CERTAIN TERRORIST ACTS	20
750.545	Pub ord	E	Misprision of treason		5
750.552b	Property	F	Trespassing on correctional facility property			4".