No. 73

STATE OF MICHIGAN

JOURNAL

OF THE

House of Representatives

91st Legislature


REGULAR SESSION OF 2002


House Chamber, Lansing, Tuesday, December 10, 2002.

12:00 Noon.

The House was called to order by the Speaker.

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--e/d/s

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

Durhal--present

Ehardt--present

Faunce--excused

Frank--present

Garza--present

George--present

Gieleghem--present

Gilbert--present

Godchaux--present

Gosselin--present

Hager--present

Hale--present

Hansen--present

Hardman--present

Hart--present

Howell--present

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--present

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--present

Plakas--present

Pumford--present

Quarles--present

Raczkowski--present

Reeves--present

Richardville--present

Richner--present

Rison--present

Rivet--present

Rocca--present

Schauer--present

Schermesser--present

Scranton--present

Shackleton--present

Sheltrown--present

Shulman--present

Spade--present

Stallworth--present

Stamas--present

Stewart--present

Switalski--present

Tabor--present

Thomas--present

Toy--present

Van Woerkom--present

Vander Roest--present

Vander Veen--present

Vear--present

Voorhees--present

Waters--present

Whitmer--present

Williams--present

Wojno--present

Woodward--present

Woronchak--present

Zelenko--present

e/d/s = entered during session

Rep. Jerry Kooiman, from the 75th District, offered the following invocation:

"Dear Lord, we are gathered here as Your humble servants. We ask that You would lead us as we deliberate today. We pray, Lord, that what we do in this day might reflect You, reflect our values and reflect the values of the people of Michigan. We pray, Lord, that You would give us knowledge and wisdom to know what is right and that You would give us courage to do it. I pray too, Lord, that You would give us humility so we might understand that others know more clearly than ourselves. We ask that we would do all things looking for truth and justice. In Thy name we pray. Amen."

______

The Speaker called Associate Speaker Pro Tempore Julian to the Chair.

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

The motion prevailed.

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, Wednesday, December 4:

Senate Bill No. 1524

The Clerk announced that the following bills and joint resolution had been printed and placed upon the files of the members, Friday, December 6:

House Bill Nos. 6569 6570 6571

House Joint Resolution JJ

The Clerk announced the enrollment printing and presentation to the Governor on Monday, December 9, for his approval of the following bills:

Enrolled House Bill No. 4042 at 10:16 a.m.

Enrolled House Bill No. 4632 at 10:18 a.m.

Enrolled House Bill No. 5552 at 10:20 a.m.

Enrolled House Bill No. 6478 at 10:22 a.m.

Enrolled House Bill No. 6481 at 10:24 a.m.

Communications from State Officers

The following communications from the Secretary of State were received and read:

Notices of Filing

Administrative Rules

November 14, 2002

In accordance with the provisions of Section 46(1) of Act 306, Public Acts of 1969, as amended, and Executive Order 1995-6 this is to advise you that the Office of Regulatory Reform, Legal Division filed at 11:45 A.M. this date, administrative rule (02-11-03) for the Department of Environmental Quality, Surface Water Quality Division, entitled "Water Quality Trading", effective 7 days hereafter.

November 25, 2002

In accordance with the provisions of Section 46(1) of Act 306, Public Acts of 1969, as amended, and Executive Order 1995-6 this is to advise you that the Office of Regulatory Reform, Legal Division filed at 1:10 P.M. this date, administrative rule (02-11-04) for the Department of Consumer and Industry Services, Director's Office, entitled "Part 11. Recording and Reporting of Occupational Injuries", effective 7 days hereafter.

November 26, 2002

In accordance with the provisions of Section 46(1) of Act 306, Public Acts of 1969, as amended, and Executive Order 1995-6 this is to advise you that the Office of Regulatory Reform, Legal Division filed at 9:45 A.M. this date, administrative rule (02-11-05) for the Department of Environmental Quality, Air Quality Division, entitled "Part 8. Emission of Oxides of Nitrogen From Stationary Sources", effective 7 days hereafter.

Sincerely,

Candice S. Miller

Secretary of State

Elena L. Beasley, Manager

Office of the Great Seal

The communications were referred to the Clerk.

By unanimous consent the House returned to the order of

Messages from the Senate

House Bill No. 5363, entitled

A bill to amend 1949 PA 300, entitled "Michigan vehicle code," by amending sections 11, 213, 216, 217, 217c, 222, 226, 226a, 233b, 244, 248, 249, 251, and 251a (MCL 257.11, 257.213, 257.216, 257.217, 257.217c, 257.222, 257.226, 257.226a, 257.233b, 257.244, 257.248, 257.249, 257.251, and 257.251a), section 11 as amended by 1990 PA 154, section 216 as amended by 1996 PA 141, sections 217, 222, and 251 as amended by 2000 PA 397, sections 217c and 249as amended by 1993 PA 300, section 226 as amended by 2000 PA 36, section 226a as amended by 1998 PA 384, section 233b as added by 1994 PA 305, section 244 as amended by 2000 PA 369, section 248 as amended by 1999 PA 172, and section 251a as added by 1990 PA 265.

The Senate has substituted (S-2) the bill.

The Senate has passed the bill as substituted (S-2), ordered that it be given immediate effect and amended the title to read as follows:

A bill to amend 1949 PA 300, entitled "An act to provide for the registration, titling, sale, transfer, and regulation of certain vehicles operated upon the public highways of this state or any other place open to the general public or generally accessible to motor vehicles and distressed vehicles; to provide for the licensing of dealers; to provide for the examination, licensing, and control of operators and chauffeurs; to provide for the giving of proof of financial responsibility and security by owners and operators of vehicles; to provide for the imposition, levy, and collection of specific taxes on vehicles, and the levy and collection of sales and use taxes, license fees, and permit fees; to provide for the regulation and use of streets and highways; to create certain funds; to provide penalties and sanctions for a violation of this act; to provide for civil liability of owners and operators of vehicles and service of process on residents and nonresidents; to provide for the levy of certain assessments; to provide for the enforcement of this act; to provide for the creation of and to prescribe the powers and duties of certain state and local agencies; to impose liability upon the state or local agencies; to provide appropriations for certain purposes; to repeal all other acts or parts of acts inconsistent with this act or contrary to this act; and to repeal certain parts of this act on a specific date," by amending sections 213, 216, 217, 217c, 222, 226, 226a, 233b, 244, 248, 249, 251, and 251a (MCL 257.213, 257.216, 257.217, 257.217c, 257.222, 257.226, 257.226a, 257.233b, 257.244, 257.248, 257.249, 257.251, and 257.251a), section 216 as amended by 1996 PA 141, section 217 as amended by 2002 PA 552, sections 217c and 249 as amended by 1993 PA 300, sections 222 and 244 as amended by 2002 PA 485, section 226 as amended by 2000 PA 36, section 226a as amended by 1998 PA 384, section 233b as added by 1994 PA 305, section 248 as amended by 1999 PA 172, section 251 as amended by 2002 PA 491, and section 251a as added by 1990 PA 265.

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

House Concurrent Resolution No. 73.

A concurrent resolution honoring Dan Wyant, Director of the Michigan Department of Agriculture.

(For text of resolution, see House Journal No. 70, p. 2817.)

The Senate has adopted the concurrent resolution and named all members of the Senate and the Lieutenant Governor as co-sponsors.

The concurrent resolution was referred to the Clerk for record.

House Concurrent Resolution No. 74.

A concurrent resolution honoring Dr. Barbara Bolin, Director of the Michigan Department of Career Development.

(For text of resolution, see House Journal No. 70, p. 2817.)

The Senate has adopted the concurrent resolution and named all members of the Senate and the Lieutenant Governor as co-sponsors.

The concurrent resolution was referred to the Clerk for record.

House Concurrent Resolution No. 75.

A concurrent resolution honoring Russell J. Harding, Director of the Michigan Department of Environmental Quality.

(For text of resolution, see House Journal No. 75, p. 2818.)

The Senate has adopted the concurrent resolution and named all members of the Senate and the Lieutenant Governor as co-sponsors.

The concurrent resolution was referred to the Clerk for record.

House Concurrent Resolution No. 76.

A concurrent resolution honoring William S. Overton, Director of the Michigan Department of Corrections.

(For text of resolution, see House Journal No. 70, p. 2819.)

The Senate has adopted the concurrent resolution and named all members of the Senate and the Lieutenant Governor as co-sponsors.

The concurrent resolution was referred to the Clerk for record.

House Concurrent Resolution No. 77.

A concurrent resolution honoring Noelle A. Clark, Director of the Michigan Department of Consumer and Industry Services.

(For text of resolution, see House Journal No. 70, p. 2819.)

The Senate has adopted the concurrent resolution and named all members of the Senate and the Lieutenant Governor as co-sponsors.

The concurrent resolution was referred to the Clerk for record.

House Concurrent Resolution No. 78.

A concurrent resolution honoring Dr. Nanette Lee Reynolds, Director of the Michigan Department of Civil Rights.

(For text of resolution, see House Journal No. 70, p. 2820.)

The Senate has adopted the concurrent resolution and named all members of the Senate and the Lieutenant Governor as co-sponsors.

The concurrent resolution was referred to the Clerk for record.

House Concurrent Resolution No. 79.

A concurrent resolution honoring Douglas E. Howard, Director of the Michigan Family Independence Agency.

(For text of resolution, see House Journal No. 71, p. 2837.)

The Senate has adopted the concurrent resolution and named all members of the Senate and the Lieutenant Governor as co-sponsors.

The concurrent resolution was referred to the Clerk for record.

House Concurrent Resolution No. 80.

A concurrent resolution honoring Major General E. Gordon Stump, Director of the Department of Military and Veterans Affairs and Adjutant General of Michigan.

(For text of resolution, see House Journal No. 71, p. 2838.)

The Senate has adopted the concurrent resolution and named all members of the Senate and the Lieutenant Governor as co-sponsors.

The concurrent resolution was referred to the Clerk for record.

House Concurrent Resolution No. 81.

A concurrent resolution honoring K.L. Cool, Director of the Michigan Department of Natural Resources.

(For text of resolution, see House Journal No. 71, p. 2838.)

The Senate has adopted the concurrent resolution and named all members of the Senate and the Lieutenant Governor as co-sponsors.

The concurrent resolution was referred to the Clerk for record.

House Concurrent Resolution No. 82.

A concurrent resolution honoring Gregory J. Rosine, Director of the Michigan Department of Transportation.

(For text of resolution, see House Journal No. 71, p. 2839.)

The Senate has adopted the concurrent resolution and named all members of the Senate and the Lieutenant Governor as co-sponsors.

The concurrent resolution was referred to the Clerk for record.

House Concurrent Resolution No. 83.

A concurrent resolution honoring Andrew Henry, Director of the Center for Educational Performance and Information, for his dedicated service to the state of Michigan.

(For text of resolution, see House Journal No. 71, p. 2839.)

The Senate has adopted the concurrent resolution and named all members of the Senate and the Lieutenant Governor as co-sponsors.

The concurrent resolution was referred to the Clerk for record.

By unanimous consent the House returned to the order of

Motions and Resolutions

The Speaker, on behalf of the entire membership of the House of Representatives, offered the following resolution:

House Resolution No. 608.

A resolution for the Honorable Jason Allen.

Whereas, The members of this legislative body are proud to commend and thank our colleague Representative Jason Allen as he brings to a close his distinguished service to the Michigan House of Representatives. His sense of commitment, thoroughness, and energy have contributed significantly to the legislative process over the past fours years, and we have appreciated his insights in several areas of concern for our state; and

Whereas, A graduate of Miami University of Ohio, Jason Allen distinguished himself in business and civic leadership in the Traverse City region. His record of public-mindedness includes extensive involvement in community life through business organizations, the National Guard and veterans groups, and service through scouting. His spirit of concern for others led to his service on the Grand Traverse County Board of Commissioners and several years as a member of the Great Lakes Community Health Board; and

Whereas, In the two terms since his 1998 election to the Michigan House of Representatives, Jason Allen has devoted his talents to many areas of policymaking. As chair of the Education Committee his first term and chair of the Commerce Committee for 2001-2002, he directed his efforts and knowledge to the development of legislative initiatives on matters of fundamental importance to our state. He has also been active in other key issue areas and committee responsibilities, including the Veterans Affairs Committee; now, therefore, be it

Resolved by the House of Representatives, That we offer this expression of tribute to commend and thank the Honorable Jason Allen for his notable contributions to this legislative body and to our entire state; and be it further

Resolved, That a copy of this resolution be transmitted to Representative Allen as evidence of our gratitude and best wishes.

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.

The Speaker, on behalf of the entire membership of the House of Representatives, offered the following resolution:

House Resolution No. 609.

A resolution for the Honorable Raymond E. Basham.

Whereas, As he brings to a close his dedicated service to the Michigan House of Representatives, it is most appropriate to commend and thank Representative Raymond Basham for his commitment to our state and to the lawmaking process. His sense of responsibility and his efforts on behalf of his district have earned him great respect among his colleagues and those who work in state government; and

Whereas, A veteran of four years of service with the United States Air Force, Raymond Basham studied at Wayne County Community College, Schoolcraft College, Wayne State University, and Western Michigan University. He devoted himself to our state's most important industry for 28 years, working with Ford Motor Company. During this time, he was active in organized labor and took on a variety of leadership roles and committee tasks. His experiences in working with large groups of people to solve problems led to his involvement in local government in Taylor, including service on the Water Commission, the Planning Commission, and the City Council; and

Whereas, Raymond Basham brought his concerns and experiences working with people to the Michigan Legislature following a special election in June 1997. His tenure as a lawmaker has included his exemplary efforts with the Conservation and Outdoor Recreation, Land Use and Environment, and Tax Policy Committees. In all aspects of his work, he has been a strong voice for the people of the Taylor and Romulus area community on a wide range of issues; now, therefore, be it

Resolved by the House of Representatives, That we offer this expression of tribute to commend and thank the Honorable Raymond E. Basham for his notable contributions to this legislative body and to our entire state; and be it further

Resolved, That a copy of this resolution be transmitted to Representative Basham as evidence of our gratitude and best wishes.

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.

The Speaker, on behalf of the entire membership of the House of Representatives, offered the following resolution:

House Resolution No. 610.

A resolution for the Honorable Virg Bernero.

Whereas, It is with great appreciation for his diligence as a member of the Ninety-first Legislature that we commend and thank Virg Bernero as he brings to a close his service with the Michigan House of Representatives. Through his energies, commitment to the legislative process, and concern for our state and its future, Representative Bernero has contributed significantly to the work of the Legislative Branch of government in addressing the needs of the people and institutions of our state; and

Whereas, A native of Pontiac who earned his bachelor's degree at Adrian College, Virg Bernero has worked in local government at the county level. He served two terms as a member of the Ingham County Commission for 1991-1994 and 1997-2000. In addition, his background prior to becoming a lawmaker at the state level included work as a legislative staffer and responsibilities as Executive Director of the Michigan Association for Children with Emotional Disorders; and

Whereas, Representative Bernero has contributed to the efforts of the Employment Relations, Training and Safety, and Family and Children Services Committees. His insights in these areas have been appreciated by his fellow committee members and by the entire legislative body. His enthusiasm for and devotion to the legislative process and the exchange of ideas that is fundamental to our system of self-government have served well the people of his district and our state; now, therefore, be it

Resolved by the House of Representatives, That we offer this expression of tribute to commend and thank the Honorable Virg Bernero for his notable contributions to this legislative body and to our entire state; and be it further

Resolved, That a copy of this resolution be transmitted to Representative Bernero as evidence of our gratitude and best wishes.

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.

The Speaker, on behalf of the entire membership of the House of Representatives, offered the following resolution:

House Resolution No. 611.

A resolution of tribute to the Honorable Patricia Birkholz.

Whereas, It is truly an honor and a privilege to salute Patricia Birkholz as she brings to a close her tenure as a lawmaker in the Michigan House of Representatives. As an energetic and hardworking member of the House, Patricia Birkholz has stamped her impression on some of the most sensitive and complex issues in the legislative arena. Her professional demeanor and spirit of dedication have marked her entire tenure in the House; and

Whereas, Patricia Birkholz served as a teacher, county treasurer, township treasurer, local official, and Michigan State Parks Advisory Board member prior to her 1996 election to the Michigan Legislature. Her breadth of experience has been of great benefit to the work of this chamber, particularly as chair of the House Committee on Local Government and Urban Policy. She has also served on the Tax Policy, Energy and Technology, Land Use and Environment, and Great Lakes and Tourism Committees, the Legislative Council, and as Speaker Pro Tempore; and

Whereas, Patricia Birkholz has built a reputation as a conscientious and effective legislator. She earned the trust and respect of fellow lawmakers, and, above all, made a true difference in the lives of others. We can be sure that her talents will long continue to benefit the health and prosperity of the people of Michigan; now, therefore, be it

Resolved by the House of Representatives, That the highest accolade of tribute be extended to honor Patricia Birkholz as she brings to a close her career in the Michigan House of Representatives; and be it further

Resolved, That a copy of this resolution be presented to the Honorable Patricia Birkholz as evidence of our best wishes and 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.

The Speaker, on behalf of the entire membership of the House of Representatives, offered the following resolution:

House Resolution No. 612.

A resolution for the Honorable Michael D. Bishop.

Whereas, We are proud to extend our thanks and best wishes to our colleague Michael Bishop as he brings to a close his service to this legislative body. His dedication to the work of lawmaking and his commitment to the people of his district and our state have been deeply appreciated by members and staff of the House of Representatives; and

Whereas, Michael Bishop earned his bachelor's degree from the University of Michigan and his law degree from the Detroit College of Law. His background includes his work in the practice of law in private practice and as a prosecutor, involvement in the real estate industry, and participation in several professional organizations. These varied experiences have proven beneficial in his responsibilities as a lawmaker and his commitment on behalf of the people of his Oakland County district; and

Whereas, First elected to the House of Representatives in 1998, Michael Bishop has been involved in many issues during his two terms. He has been especially active in the committee process, having distinguished himself through his efforts with the Commerce Committee, the Redistricting and Elections Committee, the Energy and Technology Committee, and several subcommittees. Representative Bishop's dedication to high standards has served the institution of the House of Representatives well; now, therefore, be it

Resolved by the House of Representatives, That we offer this expression of tribute to commend and thank the Honorable Michael D. Bishop for his notable contributions to this legislative body and to our entire state; and be it further

Resolved, That a copy of this resolution be transmitted to Representative Bishop as evidence of our gratitude and best wishes.

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.

The Speaker, on behalf of the entire membership of the House of Representatives, offered the following resolution:

House Resolution No. 613.

A resolution of tribute for the Honorable Rose Bogardus.

Whereas, It is a privilege to join with our colleagues in paying tribute to the legislative career of Representative Rose Bogardus. She has been a tireless advocate for her district and has been an asset for the entire state in the Legislature's deliberations on education, agriculture, and other issues. Truly, public service has defined her tenure in the Michigan House of Representatives; and

Whereas, Rose Bogardus is a graduate of Central Michigan University where she earned a bachelor's degree in Music Education. For many years, she was a teacher and later ran a home day care business. Her commitment to improving her community is evident from her work as a leader in the League of Women Voters, Girl Scouts, and the Davison Business and Professional Women organization. Her call to public service began in 1987, when she was elected to the Genesee County Board of Commissioners, where she served for four terms. Rose Bogardus also served on numerous boards and committees addressing such issues as emergency planning, mental health, education, parks, and metropolitan planning; and

Whereas, In 1996, Rose Bogardus was elected to the Michigan House of Representatives. She was tapped for leadership positions and served as the chair of the Freshman Democratic Caucus and Majority Whip. She has continued to work on issues related to agriculture and education, including chairing the Education Subcommittee on the MEAP during her first term. Representative Bogardus currently serves on the Education and Agriculture and Resource Management Committees. Truly, she has worked hard to make Michigan a better state; now, therefore, be it

Resolved by the House of Representatives, That we honor Representative Rose Bogardus as she completes her service with the Michigan House of Representatives; and be it further

Resolved, That a copy of this resolution be transmitted to Representative Bogardus as a tribute to her dedicated public service.

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.

The Speaker, on behalf of the entire membership of the House of Representatives, offered the following resolution: House Resolution No. 614.

A resolution of tribute to the Honorable Douglas Bovin.

Whereas, It is truly an honor and a privilege to commend the Honorable Douglas Bovin as he brings to a close his tenure of service as a lawmaker. Elected to the Michigan House of Representatives in 1998, Douglas Bovin brought a wealth of local governmental experience with him to the work of the Michigan House. This knowledge and professionalism have been of great benefit to this chamber, and, above all, to the people of the Upper Peninsula and of Michigan; and

Whereas, A distinguished graduate of Northern Michigan University, Douglas Bovin began his public service career as a teacher, county board member, city commissioner, and as the mayor of Gladstone. He shared his hard work and vision to benefit a host of state and national associations, including the Michigan Association of Counties, the National Association of Counties, and the K.I. Sawyer Base Conversion Authority; and

Whereas, Douglas Bovin has been an important contributor to the work of the House during the past two legislative sessions. As the Assistant Minority Floor Leader, and through his efforts on behalf of the Senior Health, Security and Retirement Committee and the Transportation Committee, Douglas Bovin has made a notable contribution to this legislative body. This is reflected by his sponsorship of legislation protecting people in nursing homes, promoting public recreation, and preventing domestic violence. Clearly, he has helped make a difference in people's lives. There could be no finer testimony to his work on behalf of the House; now, therefore, be it

Resolved by the House of Representatives, That the highest accolade of tribute be extended to the Honorable Douglas Bovin for his excellent record of service in the Michigan House of Representatives; and be it further

Resolved, That a copy of this resolution be presented to Douglas Bovin as evidence of our best wishes and 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.

The Speaker, on behalf of the entire membership of the House of Representatives, offered the following resolution:

House Resolution No. 615.

A resolution for the Honorable Bob Brown.

Whereas, As he completes his tenure and brings to a close six years of dedicated service to the people of his Wayne County district, it is most appropriate to offer this expression of our thanks and best wishes to Representative Bob Brown. His knowledge, insights, and belief in our system of self-government have contributed significantly to the legislative process over the past three terms and benefited the people of our state; and

Whereas, Bob Brown studied computer science at Henry Ford Community College, earned his bachelor's degree at the Lawrence Institute of Technology, and engaged in graduate studies in business at the University of Michigan. This academic background blended well with his professional experiences in research and as a systems analyst and with his activism in community and youth activities. His public-spiritedness led him to elective responsibilities, and he served eleven years on the Dearborn Heights City Council. In 1996, he was elected by his district to bring these talents to Lansing; and

Whereas, As a lawmaker, Bob Brown has been an invaluable contributor as our state has worked to prepare for emerging technologies to better position Michigan for the future. He has distinguished himself through his insights on the Tax Policy Committee and the Energy and Technology Committee. His thoughtfulness and hard work have been appreciated by colleagues and staff; now, therefore, be it

Resolved by the House of Representatives, That we offer this expression of tribute to commend and thank the Honorable Bob Brown for his notable contributions to this legislative body and to our entire state; and be it further

Resolved, That a copy of this resolution be transmitted to Representative Brown as evidence of our gratitude and best wishes.

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.

The Speaker, on behalf of the entire membership of the House of Representatives, offered the following resolution:

House Resolution No. 616.

A resolution for the Honorable William J. Callahan.

Whereas, It is most appropriate to offer this expression of respect and commendation to William Callahan as he completes his service to the Michigan House of Representatives. Throughout his three terms as a lawmaker, Representative Callahan has dedicated himself to the people of his district and our entire state. He has contributed admirably in debates on issues that will shape Michigan's future, and we are proud to extend our thanks for his hard work; and

Whereas, William Callahan came to the Capitol following his 1996 election. He brought with him an extensive array of experiences in all aspects of the construction industry, including many years in building code enforcement. This background gave him a unique understanding of areas of public policy of great importance to local and state government. Indeed, his accomplishments as the mayor of St. Clair Shores and his responsibilities on the St. Clair Shores City Council and other public bodies prepared him well for the give and take of the legislative process in Lansing; and

Whereas, Representative Callahan distinguished himself throughout his committee work on the Conservation and Outdoor Recreation, Criminal Justice, and Gaming and Casino Oversight Committees. He has a been a consistent voice for the people of his Macomb County district and has been diligent in the development of sound public policies on many issues; now, therefore, be it

Resolved by the House of Representatives, That we offer this expression of tribute to commend and thank the Honorable William J. Callahan for his notable contributions to this legislative body and to our entire state; and be it further

Resolved, That a copy of this resolution be transmitted to Representative Callahan as evidence of our gratitude and best wishes.

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.

The Speaker, on behalf of the entire membership of the House of Representatives, offered the following resolution:

House Resolution No. 617.

A resolution of tribute to the Honorable Nancy Cassis.

Whereas, It is truly an honor and a pleasure to commend the Honorable Nancy Cassis for her admirable service as a lawmaker in the Michigan House of Representatives. It is indeed most appropriate that we salute Nancy Cassis for her years of dedicated service on behalf of her many constituents and the people of the entire state of Michigan; and

Whereas, An alumna of Ohio University and the University of Michigan, Nancy Cassis began her career as an educator and school psychologist. She became active in local politics and joined the Novi City Council in 1985. In 1996, Nancy Cassis won a special election to the House of Representatives, and she has served admirably in this capacity since that time; and

Whereas, Indeed, Nancy Cassis has been a highly effective and conscientious legislator. She has served on the House Committees on Energy and Technology, Senior Health Security and Retirement, Family and Children Services, and, perhaps most importantly, chaired the House Tax Policy Committee; and

Whereas, Nancy Cassis has approached her responsibilities as a lawmaker with dedication and professionalism. She worked to improve the world we live in, promoted our state's business and technology climate, and was a part of some of the most significant changes made in our state's system of tax policy. We can be sure that she will long continue to use her talents for the health and prosperity of the people of Michigan; now, therefore, be it

Resolved by the House of Representatives, That a unanimous accolade of tribute be extended to the Honorable Nancy Cassis for her excellent record of service on behalf of the Michigan House of Representatives; and be it further

Resolved, That a copy of this resolution be presented to Nancy Cassis as evidence of our esteem and best wishes.

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.

The Speaker, on behalf of the entire membership of the House of Representatives, offered

the following resolution:

House Resolution No. 618.

A resolution for the Honorable Irma Clark.

Whereas, As she brings to a close her tenure with the Michigan House of Representatives, it is a pleasure to offer this expression of respect and thanks to Irma Clark for her contributions to this legislative body. Her sense of commitment, dedication, and energy has been beneficial not only to her Wayne County district, but our entire state; and

Whereas, Irma Clark, who earned her bachelor's and master's degrees at Wayne State University, has long been an active leader in her community. A former Director of Human Relations for Wayne County, Assistant Director of Public Information for the Wayne County Road Commission, Media Relations Manager for former Wayne County Executive William Lucas, and Press Secretary to County Executive Edward McNamara, Irma Clark also was appointed to the Detroit Board of Education in 1991, where she served as president from 1996-1998. Clearly, she has been committed to effective local government and improving the lives of people living in her area; and

Whereas, As a lawmaker, Representative Clark has contributed to the Education and the Insurance and Financial Services Committees and has provided leadership on issues related to the quality of Michigan's schools and local government. Her work over the past four years has been deeply appreciated by colleagues, staff members, and the people of her district and our state; now, therefore, be it

Resolved by the House of Representatives, That we offer this expression of tribute to commend and thank the Honorable Irma Clark for her notable contributions to this legislative body and to our entire state; and be it further

Resolved, That a copy of this resolution be transmitted to Representative Clark as evidence of our gratitude and best wishes.

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.

The Speaker, on behalf of the entire membership of the House of Representatives, offered the following resolution:

House Resolution No. 619.

A resolution for the Honorable Hansen Clarke.

Whereas, It is a great pleasure to commend and thank Hansen Clarke as he brings to a close his service to the House of Representatives. His energy, thoughtfulness, and respect for the legislative process have been deeply appreciated by the members and staff of this legislative body; and

Whereas, A native of Detroit who earned a bachelor's degree at Cornell University and a juris doctorate at Georgetown University Law Center, Hansen Clarke has devoted his life to public service and the law. Former chief of staff to Congressman John Conyers and executive assistant for Wayne County Executive Edward McNamara, President of the Michigan Public Purchasing Officers Association, and a national lecturer and publisher of law journal articles, Hansen Clarke has utilized his political experience and legal knowledge to serve his district and state well during his six years in the House of Representatives; and

Whereas, Elected to the first of his three non-consecutive terms in 1990, Representative Clarke has incorporated his insights and ideas into the wide-ranging policy debates in the full House and in his committee responsibilities. He has been especially active in the budget process as a member of the House Appropriations Committee. He has served with distinction on the subcommittees on Family Independence Agency, Judiciary, and Corrections; now, therefore, be it

Resolved by the House of Representatives, That we offer this expression of tribute to commend and thank the Honorable Hansen Clarke for his notable contributions to this legislative body and to our entire state; and be it further

Resolved, That a copy of this resolution be transmitted to Representative Clarke as evidence of our gratitude and best wishes.

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.

The Speaker, on behalf of the entire membership of the House of Representatives, offered the following resolution:

House Resolution No. 620.

A resolution of tribute to the Honorable Larry L. DeVuyst.

Whereas, The members of this legislative body are proud to congratulate Representative Larry L. DeVuyst for his years of steadfast dedication to his constituents of Gratiot and Montcalm counties and to the residents of Michigan. His honesty, intelligence, and enthusiasm made him a formidable advocate for sound agricultural, natural resources, and hunting policies; and

Whereas, Born in Ithaca, Larry L. DeVuyst attended Michigan State University and afterward operated a farming and equipment business. In 1985, President Ronald Reagan appointed him to serve on the Federal Farm Credit Administration. Mr. DeVuyst also served as a board member of the Michigan Farm Bureau and was the vice president of the Michigan Pork Producers. In 1991, Governor John Engler appointed him to the Natural Resources Commission, which he chaired for five years; and

Whereas, In 1996, Larry L. DeVuyst was elected to the Michigan House of Representatives. During the Ninety-first Legislature, he served as the chair of the Conservation and Outdoor Recreation Committee, and was a member of the Commerce Committee and Land Use and Environment Committee. His legislative accomplishments include ensuring that the Game and Fish Protection Fund remains solvent; establishing new procedures protecting the royalties of northern Michigan landholders from excessive postproduction costs by oil and gas companies; and suspending or revoking an individual's ORV license if that person had his driver's license suspended or revoked; now, therefore, be it

Resolved by the House of Representatives, That we honor Representative Larry L. DeVuyst as he concludes his service with the Michigan House of Representatives; and be it further

Resolved, That a copy of this resolution be transmitted to Representative DeVuyst as a tribute to his dedication to public service.

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.

The Speaker, on behalf of the entire membership of the House of Representatives, offered the following resolution:

House Resolution No. 621.

A resolution of tribute for the Honorable Paul DeWeese.

Whereas, The members of this legislative body are pleased to congratulate Paul DeWeese for his public service as a state lawmaker with the House of Representatives. He has been a valued asset to the Legislature, his constituents of Ingham and Livingston counties, and our state; and

Whereas, At the age of 19, Paul DeWeese swam across the Mackinac Straits with his sister and father in a Red Cross fund-raiser. In 1977, after graduating from Hope College, he spent three months teaching English to students in Taiwan. In 1981, he earned an M.D. from the Wayne State University School of Medicine. Afterward, he practiced medicine in Pakistan and the Ivory Coast in West Africa and spent a month assisting Mother Teresa in Calcutta, India. Currently, he is a staff member of the Emergency Department at Eaton Rapids Community Hospital and the Owosso Memorial Medical Center; and

Whereas, In 1998, Paul DeWeese was elected to the House of Representatives, and his caucus elected him Majority Whip. During the Ninety-first Legislature, Representative DeWeese served on the Appropriations Subcommittee for Higher Education, as well as the Education, Criminal Justice, and Family and Children Services committees. His legislative accomplishments include creating a statewide trauma care commission; creating a felony offense for corrupting or attempting to corrupt a driver's license examining official; and allowing the Department of Consumer & Industry Services to waive two consecutive biennial inspections of hospitals accredited by either the Joint Commission on Accreditation of Healthcare Organization (JCAHO) or the American Osteopathic Association (AOA); now, therefore, be it

Resolved by the House of Representatives, That we honor Representative Paul DeWeese as he concludes his service with the Michigan House of Representatives; and be it further

Resolved, That a copy of this resolution be transmitted to Representative DeWeese as a tribute to his dedication to public service.

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.

The Speaker, on behalf of the entire membership of the House of Representatives, offered the following resolution:

House Resolution No. 622.

A resolution for the Honorable Fred Durhal, Jr.

Whereas, It is with great appreciation for his long record of involvement in the political process and the sacrifices he has made on behalf of his Detroit community and our entire state that we salute Representative Fred Durhal, Jr., as he completes his tenure of service in this legislative body. With his obvious respect for the role that government can play in the lives of its citizens, he has set an example of public-mindedness that is deserving of recognition. We offer him our best wishes; and

Whereas, A product of the Detroit Public Schools who has pursued studies at Wayne County Community College, Wayne State University, and the University of Phoenix, Fred Durhal has devoted himself to the people of Detroit in a wide range of responsibilities. He has distinguished himself through his work with the Detroit Housing Commission and his efforts as an assistant with several elected officials at the state, local, and national levels. Moreover, Fred Durhal has held leadership posts in numerous civic organizations; and

Whereas, Fred Durhal's dedication to public service led him to the Michigan House of Representatives through a special election in August 2002. Representative Durhal's deep commitment to our system of self-government has been evident in his enthusiasm, even in the face of difficult circumstances and an abbreviated time frame. Clearly, this exemplary spirit is a continuation of his long record of unselfishness; now, therefore, be it

Resolved by the House of Representatives, That we offer this expression of tribute to commend and thank the Honorable Fred Durhal, Jr., for his notable contributions to this legislative body and to our entire state; and be it further

Resolved, That a copy of this resolution be transmitted to Representative Durhal as evidence of our gratitude and best wishes.

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.

The Speaker, on behalf of the entire membership of the House of Representatives, offered the following resolution:

House Resolution No. 623.

A resolution of tribute to the Honorable A.T. Frank.

Whereas, In recognition of his sterling career in the Michigan House of Representatives, it is an honor for the members of this legislative body to salute A.T. Frank as he brings to a close his service as a lawmaker. Indeed, A.T. Frank was an effective and conscientious member of the House. He served his constituents and the people of the state in a host of capacities, particularly as minority vice chair of the House Appropriations Committee; and

Whereas, A.T. Frank is a graduate of Western Michigan University who went on to receive his juris doctorate from Thomas M. Cooley Law School. Elected to the House in the 1996 general election, A.T. Frank took office in 1997 with a goal to help the lives of others. His efforts as a lawmaker reflect this spirit of purpose; and

Whereas, A.T. Frank, in addition to his work in the appropriations process, was instrumental in a number of public policy areas. He made a notable contribution to the problems of rising gas prices, high college tuition costs, and nursing home reform. In these, and in all of his work in the House of Representatives, A.T. Frank exemplified the true spirit of public service. We can be sure that this spirit will continue in all of his future endeavors; now, therefore, be it

Resolved by the House of Representatives, That a unanimous accolade of tribute be extended to honor A.T. Frank as he brings to a close his career in the Michigan House of Representatives; and be it further

Resolved, That a copy of this resolution be presented to A.T. Frank as evidence of our esteem and best wishes.

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.

The Speaker, on behalf of the entire membership of the House of Representatives, offered the following resolution:

House Resolution No. 624.

A resolution for the Honorable Belda Garza.

Whereas, It is most appropriate to extend this expression of thanks to Belda Garza as she brings to a close her service as a member of the Michigan House of Representatives. We appreciate her sense of dedication to our system of self-government and the work she has carried out in representing the people of her Wayne County district and their specific concerns on public policy matters. Her perspectives have been beneficial to the legislative process; and

Whereas, A native of Mexico City who was raised and educated in Detroit, Belda Garza has been involved in numerous community organizations and causes over the years. In addition to her long-standing leadership as an assistant director with the Michigan Metro Girl Scout Council, she has been active with many civic groups, especially those committed to education and economic development activities; and

Whereas, Representative Garza's involvement in a wide range of matters gave her insights that were helpful to her colleagues in understanding the needs and resources of our state more fully. In this manner, her experiences contributed to the quality of lawmaking during both of her terms following her 1998 election. She articulated these insights through her work on the Conservation and Outdoor Recreation, Family and Children Services, and Regulatory Reform Committees; now, therefore, be it

Resolved by the House of Representatives, That we offer this expression of tribute to commend and thank the Honorable Belda Garza for her notable contributions to this legislative body and to our entire state; and be it further

Resolved, That a copy of this resolution be transmitted to Representative Garza as evidence of our gratitude and best wishes.

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.

The Speaker, on behalf of the entire membership of the House of Representatives, offered the following resolution:

House Resolution No. 625.

A resolution of tribute to the Honorable Tom George.

Whereas, In recognition of his service to the Michigan House of Representatives, it is an honor and a privilege for the members of this legislative body to salute Tom George as he brings to a close his term in the House. An author, television producer, and an anesthesiologist, Tom George brought unique insights and experiences to the work of the Michigan House of Representatives; and

Whereas, A graduate of the University of Michigan Medical School, Tom George has a private practice in anesthesiology. He also has served in a host of professional organizations, shared his warmth and concern with hospice and international outreach activities, and has pursued his interest in history through a number of varied venues. Elected to the Michigan House of Representatives in 2000, Tom George quickly became an advisor and a mentor. He served with distinction on the Appropriations Committee, as vice chair of the House Transportation Committee, and as a member of the House Committees on Criminal Justice and Health Policy; and

Whereas, Representative Tom George's relatively short tenure in the House of Representatives belies his large impact on public policy. This impact is reflective of his career of public service. He has earned the admiration and respect of his constituents, the gratitude of the people of the State of Michigan, and the trust of his peers in the State House. His example will long continue to enhance the traditions of the Michigan House of Representatives; now, therefore, be it

Resolved, by the House Representatives, That a unanimous accolade of tribute be extended to honor Tom George as he brings to a close his term in the Michigan House of Representatives; and be it further

Resolved, That a copy of this resolution be presented to Tom George as evidence of our sincere best wishes.

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.

The Speaker, on behalf of the entire membership of the House of Representatives, offered the following resolution:

House Resolution No. 626.

A resolution of tribute for the Honorable Derrick Hale.

Whereas, It is a privilege for the members of the Michigan House of Representatives to join in paying tribute to Representative Derrick Hale as he concludes his service with this legislative body. His involvement in a variety of worthy causes within his district matched his untiring efforts in lawmaking. We are pleased to commend and thank him for his service; and

Whereas, A graduate of Wayne State University, Derrick Hale committed himself to public service and public policy early on in his career. In addition to working in the Legislature for seven years, he was active in the political campaigns for presidential, gubernatorial, mayoral, and congressional candidates. Derrick Hale also was active in numerous religious, civic, professional, and political organizations. With this background, it is no surprise that Derrick Hale chose to serve his community in the Legislature; and

Whereas, Elected to the Michigan House of Representatives in 1996, Representative Hale has spearheaded efforts to improve his district. He sponsored legislation addressing insurance redlining and has pursued issues such as nursing home reform, classroom size, economic empowerment, and affordable health care. His duties as a lawmaker are currently focused on his work in the Tax Policy and Land Use and Environment Committees. His community involvement, including his Annual 3-on-3 Basketball Tournament to benefit youth programs and the community, have allowed Representative Hale to help in a personal way as well; now, therefore, be it

Resolved by the House of Representatives, That we honor Representative Derrick Hale as he concludes his service with the Michigan House of Representatives; and be it further

Resolved, That a copy of this resolution be transmitted to Representative Hale as a tribute to his public service.

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.

The Speaker, on behalf of the entire membership of the House of Representatives, offered the following resolution:

House Resolution No. 627.

A resolution of tribute for the Honorable John P. Hansen.

Whereas, It is a privilege to honor Representative John Hansen as he concludes his tenure with the Michigan House of Representatives. It is a fitting occasion to reflect on his commitment to public service and his promotion of education infrastructure issues. His strong background in education made him a source of knowledge that will be missed when the Legislature considers school legislation in the future; and

Whereas, John Hansen earned his bachelor's, master's and doctoral degrees in the field of education from the University of Michigan. During his education career he has been a teacher, counselor, principal, and superintendent of the Dexter Community Schools. He also served as a part-time professor at Eastern Michigan University. His community involvement included a position on the Dexter Village Council and participation in a host of civic, charitable, and community associations; and

Whereas, John Hansen was elected to the House of Representative in 1998. He served as his party's minority whip, a crucial position of trust that requires a broad understanding of lawmaking, issues, and his caucus. His interests in education led him to serve as vice-chair of the House Education Committee. He has promoted his district's interests in farming issues through his work on the House Agriculture and Resource Management Committee. Representative Hansen's greatest satisfaction was talking to his constituents and being their voice in Lansing. He will also be remembered for his membership in the Measure 4 Measure men's choral society. Truly, John Hansen has been an asset to his district and the state during his tenure in the House of Representatives; now, therefore, be it

Resolved by the House of Representatives, That we honor Representative John P. Hansen as he completes his service with the Michigan House of Representatives; and be it further

Resolved, That a copy of this resolution be transmitted to Representative Hansen as a tribute to his dedicated public service.

Pending the reference of the resolution to a committee,

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

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

The question being on the adoption of the resolution,

The resolution was adopted.

Reports of Standing Committees

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

House Bill No. 6556, entitled

A bill to amend 1980 PA 299, entitled "Occupational code," by amending sections 508, 511, 513, and 514 (MCL 339.508, 339.511, 339.513, and 339.514), section 508 as amended by 1989 PA 261.

Without amendment and with the recommendation that the bill pass.

The bill was referred to the order of Second Reading of Bills.

Favorable Roll Call

HB 6556 To Report Out:

Yeas: Reps. Rocca, Scranton, Raczkowski, Richner, Garza, Waters, Williams, Wojno,

Nays: None.

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

Senate Bill No. 358, entitled

A bill to amend 1937 PA 306, entitled "An act to promote the safety, welfare and educational interests of the people of the state of Michigan by regulating the construction, reconstruction and remodeling of certain public or private

school buildings or additions thereto, by regulating the construction, reconstruction and remodeling of buildings leased or acquired for school purposes, and to define the class of buildings affected by this act; to prescribe the powers and duties of the superintendent of public instruction, the state fire marshal, architects, engineers and school board members with respect thereto; to prescribe penalties for the violation of this act; and to repeal all acts and parts of acts, general, local and special, inconsistent with or contrary to the provisions of this act," by amending the title and section 1 (MCL 388.851) and by adding section 1b.

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

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

Favorable Roll Call

SB 358 To Report Out:

Yeas: Reps. Rocca, Scranton, Raczkowski, Richner, Garza, Waters, Williams, Wojno,

Nays: None.

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

Senate Bill No. 670, entitled

A bill to amend 1937 PA 306, entitled "An act to promote the safety, welfare and educational interests of the people of the state of Michigan by regulating the construction, reconstruction and remodeling of certain public or private school buildings or additions thereto, by regulating the construction, reconstruction and remodeling of buildings leased or acquired for school purposes, and to define the class of buildings affected by this act; to prescribe the powers and duties of the superintendent of public instruction, the state fire marshal, architects, engineers and school board members with respect thereto; to prescribe penalties for the violation of this act; and to repeal all acts and parts of acts, general, local and special, inconsistent with or contrary to the provisions of this act," by amending section 2 (MCL 388.852).

Without amendment and with the recommendation that the bill pass.

The bill was referred to the order of Second Reading of Bills.

Favorable Roll Call

SB 670 To Report Out:

Yeas: Reps. Rocca, Scranton, Raczkowski, Richner, Garza, Waters, Williams, Wojno,

Nays: None.

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

House Resolution No. 606.

A resolution to approve, and urge the Governor to execute, a certain tribal-state gaming compact between the Match-E-Be-Nash-She-Wish Band of Pottawatomi Indians of Michigan (the Gun Lake Band) and the State of Michigan.

(For text of resolution, see House Journal No. 71, p. 2837.)

With the recommendation that the resolution be adopted.

The Speaker announced that under Rule 77 the resolution would lie over one day.

Favorable Roll Call

HR 606 To Report Out:

Yeas: Reps. Rocca, Julian, Richner, Garza, Waters, Williams, Wojno,

Nays: Rep. Raczkowski.

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Tuesday, December 10, 2002, at 11:00 a.m.,

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

COMMITTEE ATTENDANCE REPORT

The following report, submitted by Rep. Birkholz, Chair, of the Committee on Local Government and Urban Policy, was received and read:

Meeting held on: Tuesday, December 10, 2002, at 9:00 a.m.,

Present: Reps. Birkholz, Hager, Drolet, Gilbert, Gosselin, Hummel, Jamnick, Hardman, Minore,

Absent: Reps. Richardville, Dennis,

Excused: Reps. Richardville, Dennis.

COMMITTEE ATTENDANCE REPORT

The following report, submitted by Rep. Howell, Chair, of the Committee on Civil Law and the Judiciary, was received and read:

Meeting held on: Tuesday, December 10, 2002, at 9:00 a.m.,

Present: Reps. Howell, Hummel, Koetje, Palmer, Voorhees, Adamini, Lipsey, McConico,

Absent: Reps. Mortimer, Richner, Waters,

Excused: Reps. Mortimer, Richner, Waters.

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Tuesday, December 10, 2002, at 10:30 a.m.,

Present: Reps. Bradstreet, Middaugh, Birkholz, Bishop, Cassis, Vander Veen, Bovin, Rivet, Schauer, Woodward,

Absent: Reps. Bisbee, Howell, Kowall, Richardville, Bob Brown, Daniels, Lemmons,

Excused: Reps. Bisbee, Bob Brown.

The Committee on Criminal Justice, by Rep. Kowall, Chair, reported

House Bill No. 6547, entitled

A bill to amend 1982 PA 415, entitled "Correctional officers' training act of 1982," by amending sections 2, 3, 4, 5, 14, and 15 (MCL 791.502, 791.503, 791.504, 791.505, 791.514, and 791.515).

With the recommendation that the substitute (H-1) be adopted and that the bill then pass.

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

Favorable Roll Call

HB 6547 To Report Out:

Yeas: Reps. Kowall, Bishop, DeWeese, George, Gosselin, Vander Veen, McConico, Durhal, O'Neil,

Nays: None.

The Committee on Criminal Justice, by Rep. Kowall, Chair, reported

Senate Bill No. 719, entitled

A bill to amend 1978 PA 389, entitled "An act to provide for the prevention and treatment of domestic violence; to develop and establish policies, procedures, and standards for providing domestic violence assistance programs and services; to create a domestic violence prevention and treatment board and prescribe its powers and duties; to establish a domestic violence prevention and treatment fund and provide for its use; and to prescribe powers and duties of the family independence agency," (MCL 400.1501 to 400.1511) by adding section 11.

With the recommendation that the substitute (H-1) be adopted and that the bill then pass.

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

Favorable Roll Call

SB 719 To Report Out:

Yeas: Reps. Kowall, Bishop, DeWeese, George, Gosselin, Vander Veen, McConico, Durhal, O'Neil,

Nays: None.

The Committee on Criminal Justice, by Rep. Kowall, Chair, reported

Senate Bill No. 1127, entitled

A bill to amend 1931 PA 328, entitled "The Michigan penal code," by amending sections 520a, 520b, 520c, 520d, and 520e (MCL 750.520a, 750.520b, 750.520c, 750.520d, and 750.520e), sections 520a and 520e as amended by 2000 PA 505, section 520b as amended by 1983 PA 158, section 520c as amended by 2000 PA 227, and section 520d as amended by 1996 PA 155.

With the recommendation that the substitute (H-1) be adopted and that the bill then pass.

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

Favorable Roll Call

SB 1127 To Report Out:

Yeas: Reps. Kowall, Bishop, George, Gosselin, Durhal, O'Neil,

Nays: Rep. DeWeese.

The Committee on Criminal Justice, by Rep. Kowall, Chair, reported

Senate Bill No. 1250, entitled

A bill to amend 1927 PA 175, entitled "The code of criminal procedure," by amending section 36 of chapter IX and section 14m of chapter XVII (MCL 769.36 and 777.14m), section 36 of chapter IX as added by 2001 PA 246 and section 14m of chapter XVII as added by 2002 PA 29.

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

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

Favorable Roll Call

SB 1250 To Report Out:

Yeas: Reps. Kowall, Bishop, DeWeese, George, Gosselin, Vander Veen, McConico, Durhal, O'Neil,

Nays: None.

The Committee on Criminal Justice, by Rep. Kowall, Chair, reported

Senate Bill No. 1251, entitled

A bill to amend 1993 PA 354, entitled "Railroad code of 1993," by amending sections 105, 109, 353, 357, 359, 361, and 365 (MCL 462.105, 462.109, 462.353, 462.357, 462.359, 462.361, and 462.365); and to repeal acts and parts ofacts.

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

1. Amend page 14, following line 21, by inserting:

"Enacting section 2. This amendatory act takes effect April 1, 2003.".

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

Favorable Roll Call

SB 1251 To Report Out:

Yeas: Reps. Kowall, Bishop, DeWeese, George, Gosselin, Vander Veen, McConico, Durhal, O'Neil,

Nays: None.

The Committee on Criminal Justice, by Rep. Kowall, Chair, reported

Senate Bill No. 1368, entitled

A bill to amend 1968 PA 319, entitled "An act to provide a uniform crime reporting system; to provide for the submitting of such report to the department of state police; to require submission of the report by certain police agencies; to require the reporting on wanted persons and stolen vehicles; to require the reporting of information regarding certain persons and unidentified bodies of deceased persons; to prescribe certain powers and duties of law enforcement agencies; and to vest the director of the department of state police with certain authority," by amending section 8 (MCL 28.258), as amended by 1995 PA 39.

Without amendment and with the recommendation that the bill pass.

The bill was referred to the order of Second Reading of Bills.

Favorable Roll Call

SB 1368 To Report Out:

Yeas: Reps. Kowall, Bishop, DeWeese, George, Gosselin, Vander Veen, McConico, Durhal, O'Neil,

Nays: None.

COMMITTEE ATTENDANCE REPORT

The following report, submitted by Rep. Kowall, Chair, of the Committee on Criminal Justice, was received and read:

Meeting held on: Tuesday, December 10, 2002, at 10:30 a.m.,

Present: Reps. Kowall, Bishop, DeWeese, George, Gosselin, Vander Veen, McConico, Durhal, O'Neil,

Absent: Reps. Raczkowski, Rison,

Excused: Reps. Raczkowski, Rison.

The Committee on House Oversight and Operations, by Rep. Patterson, Chair, reported

House Bill No. 6557, entitled

A bill to provide for the audit and examination of this state and state funds; to provide for the audit and examination of the books and accounts of all branches, departments, offices, boards, commissions, agencies, authorities, and institutions of this state, and other entities and individuals receiving state funds or funds under state control; to prescribe powers and duties of certain state officers and employees, and other entities and individuals receiving state funds or funds under state control; to provide for access to certain records; to provide for the subpoena of witnesses and production of documents and records; and to provide for the administration of this act.

With the recommendation that the substitute (H-1) be adopted and that the bill then pass.

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

Favorable Roll Call

HB 6557 To Report Out:

Yeas: Reps. Patterson, Kuipers, Jacobs, Lipsey,

Nays: None.

The Committee on House Oversight and Operations, by Rep. Patterson, Chair, reported

Senate Bill No. 914, entitled

A bill to amend 1893 PA 206, entitled "The general property tax act," by amending sections 35, 41, 57a, 58, 62, 63, 64, 66, 67, 70, 73, 73a, 73b, 75, 83, 85, 86, 87, 88, 90, 95, 96, 97, 98, 98a, 99, 101, 102, 103, 105, 113, 121, 122, 127b, 130, 135, 138, 139, and 144 (MCL 211.35, 211.41, 211.57a, 211.58, 211.62, 211.63, 211.64, 211.66, 211.67, 211.70, 211.73, 211.73a, 211.73b, 211.75, 211.83, 211.85, 211.86, 211.87, 211.88, 211.90, 211.95, 211.96, 211.97, 211.98, 211.98a, 211.99, 211.101, 211.102, 211.103, 211.105, 211.113, 211.121, 211.122, 211.127b, 211.130, 211.135, 211.138, 211.139, and 211.144).

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

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

Favorable Roll Call

SB 914 To Report Out:

Yeas: Reps. Patterson, Kuipers, Lipsey,

Nays: None.

The Committee on House Oversight and Operations, by Rep. Patterson, Chair, reported

Senate Bill No. 1507, entitled

A bill to amend 1969 PA 306, entitled "Administrative procedures act of 1969," by amending section 45a (MCL 24.245a), as added by 1999 PA 262.

Without amendment and with the recommendation that the bill pass.

The bill was referred to the order of Second Reading of Bills.

Favorable Roll Call

SB 1507 To Report Out:

Yeas: Reps. Patterson, Julian, Kuipers,

Nays: Reps. Jacobs, Lipsey.

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Tuesday, December 10, 2002, at 9:00 a.m.,

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

Comments and Recommendations

Rep. Richardville moved that Rule 82 be suspended.

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

Rep. Richardville moved that the following remarks be printed in the Journal.

The motion prevailed.

Rep. Birkholz:

"This past six years has gone by very quickly. The years have been filled with many good moments: the passage of my first bill, sharing the rich history of this historic capitol and our form of government with family, friends and the many school children who visit, sitting between Reps. Andrew Richner and Raczkowski my first term (for which I have halos awaiting my arrival in heaven, a point which is understood by my colleagues), working with many colleagues on some very challenging and seemingly impossible issues and reaching consensus on them, the all night sessions (with some small stolen moments for rest in between votes), being ignored by the Speaker Pro Tem while serving in minority and next being in majority and being the Speaker Pro Tem, some raucous caucuses, but most of all enacting good public policy for the people to the 88th District and the State of Michigan.

Yesterday I stood at the podium and presented a Tribute to my former Pastor. Pastor Jonathon White, Dean of the School of Criminal Justice at Grand Valley University and a recognized authority on religious terrorism, has recently gone to work for the Department of Justice to help with the war on terrorism. As we honored Pastor White here in the Michigan House of Representatives I was reminded how fortunate we are to live in the United States of America and in this great State of Michigan. For all of the difficulties and challenges we face this truly is the best country and the best form of government in the world.

Thank you to the people of Michigan, the people of the 88th District, my colleagues who are moving into new ventures of their own, all the people who work in this wonderful Capitol Building including the Staff in my office, the people in the Clerk's office and all the support folks who work so hard to help all of us accomplish so much. I look forward to working with many of you in my new role as Senator for the 24th District.

To all of you new members of the House who are here:

wear comfortable shoes

bring an extra change of clothing

Work hard

Enjoy yourself and laugh

And beware of the freshman 15 (pounds).

And to my colleagues who are continuing in the House, I wish you very best and urge you to never forget the importance of this Institution and the people for whom we work. God bless."

By unanimous consent the House returned to the order of

Motions and Resolutions

Rep. Richardville moved that a respectful message be sent to the Senate requesting the return of Senate Bill No.1401.

The motion prevailed.

Second Reading of Bills

Senate Bill No. 63, entitled

A bill to amend 1961 PA 236, entitled "Revised judicature act of 1961," by amending section 2567 (MCL 600.2567), as amended by 1990 PA 346, and by adding section 2568.

The bill was read a second time.

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

The motion prevailed.

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

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

By unanimous consent the House returned to the order of

Third Reading of Bills

Senate Bill No. 63, entitled

A bill to amend 1961 PA 236, entitled "Revised judicature act of 1961," by amending section 2567 (MCL 600.2567), as amended by 1990 PA 346, and by adding section 2568.

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

Roll Call No. 1209 Yeas--93

Adamini George Lockwood Rivet

Allen Gieleghem Mans Schauer

Anderson Gilbert McConico Schermesser

Bernero Hager Mead Shackleton

Birkholz Hansen Meyer Shulman

Bisbee Hardman Minore Spade

Bogardus Hart Mortimer Stallworth

Bovin Howell Murphy Stamas

Bradstreet Hummel Neumann Stewart

Brown, C. Jacobs Newell Switalski

Brown, R. Jamnick O'Neil Tabor

Callahan Jansen Palmer Thomas

Caul Jelinek Pappageorge Toy

Clark, I. Johnson, Rick Patterson Van Woerkom

Clarke, H. Julian Pestka Vander Veen

Daniels Koetje Phillips Vear

Dennis Kolb Plakas Voorhees

DeRossett Kooiman Pumford Waters

DeVuyst Kowall Quarles Whitmer

DeWeese Kuipers Reeves Williams

Durhal LaSata Richardville Wojno

Ehardt Lemmons Richner Woronchak

Frank Lipsey Rison Zelenko

Garza

Nays--12

Bishop Gosselin Raczkowski Sheltrown

Cassis Johnson, Ruth Rocca Vander Roest

Drolet Middaugh Scranton Woodward

In The Chair: Julian

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

"An act to revise and consolidate the statutes relating to the organization and jurisdiction of the courts of this state; the powers and duties of such courts, and of the judges and other officers thereof; the forms and attributes of civil claims and actions; the time within which civil actions and proceedings may be brought in said courts; pleading, evidence, practice and procedure in civil and criminal actions and proceedings in said courts; to provide remedies and penalties for the violation of certain provisions of this act; to repeal all acts and parts of acts inconsistent with or contravening any of the provisions of this act; and to repeal acts and parts of acts,".

The House agreed to the full title.

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

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

By unanimous consent the House returned to the order of

Reports of Select Committees

The Speaker laid before the House the conference report relative to

House Bill No. 5467, entitled

A bill to create the Detroit area regional transportation authority and to transfer certain powers of authorities to continue the suburban mobility authority for regional transportation; to prescribe certain powers and duties of the authorities; to provide for the addition and withdrawal of certain local entities from the authority; to provide for the powers and duties of certain state agencies with respect to the authority; to provide for the issuance of bonds and notes; to provide for the state to guarantee payment of certain claims against the authority and give the state a lien in satisfaction of payment; to protect the rights of employees of existing public transportation systems; to provide for the pledge of taxes, revenues, assessments, tax levies, and other funds for bond and note payments; to authorize certain local entities to levy property taxes and make special assessments to fulfill their obligations under certain contracts with the authority; and to repeal acts and parts of acts.

(The conference report was reported by the conference committee on September 17, consideration of which, under the rules, was postponed until September 18.)

(For conference report, see House Journal No. 63, p. 2478.)

The question being on the adoption of the conference report,

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

Roll Call No. 1210 Yeas--87

Adamini George Lockwood Schauer

Allen Gieleghem Mans Schermesser

Bernero Gilbert McConico Scranton

Bisbee Godchaux Mead Shackleton

Bishop Hager Meyer Sheltrown

Bogardus Hansen Middaugh Shulman

Bovin Hardman Minore Stallworth

Brown, C. Hart Mortimer Stamas

Brown, R. Howell Murphy Stewart

Cassis Jacobs Neumann Switalski

Caul Jamnick O'Neil Tabor

Clark, I. Jansen Pappageorge Thomas

Clarke, H. Jelinek Pestka Toy

Daniels Johnson, Rick Phillips Van Woerkom

Dennis Julian Pumford Vear

DeRossett Koetje Quarles Waters

DeVuyst Kolb Raczkowski Whitmer

DeWeese Kooiman Reeves Williams

Durhal Kowall Richardville Woodward

Ehardt LaSata Richner Woronchak

Frank Lemmons Rison Zelenko

Garza Lipsey Rivet

Nays--18

Anderson Gosselin Palmer Vander Roest

Birkholz Hummel Patterson Vander Veen

Bradstreet Johnson, Ruth Rocca Voorhees

Callahan Kuipers Spade Wojno

Drolet Newell

In The Chair: Julian

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

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

Rep. Wojno moved that his name be removed as co-sponsor of the bill.

The motion prevailed.

______

Rep. Allen moved that Rep. Rick Johnson be excused temporarily from today's session.

The motion prevailed.

Second Reading of Bills

Senate Bill No. 1238, entitled

A bill to amend 1905 PA 282, entitled "An act to provide for the assessment of the property, by whomsoever owned, operated or conducted, of railroad companies, union station and depot companies, telegraph companies, telephone companies, sleeping car companies, express companies, car loaning companies, stock car companies, refrigerator car companies, and fast freight companies, and all other companies owning, leasing, running or operating any freight, stock, refrigerator, or any other cars, not being exclusively the property of any railroad company paying taxes upon its rolling stock under the provisions of this act, over or upon the line or lines of any railroad or railroads in this state, and for the levy of taxes thereon by a state board of assessors, and for the collection of such taxes, and to repeal all acts or parts of acts contravening any of the provisions of this act," by amending sections 4, 5, and 9 (MCL 207.4, 207.5, and 207.9), sections 4 and 9 as amended by 1995 PA 257.

The bill was read a second time.

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

The motion prevailed.

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

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

By unanimous consent the House returned to the order of

Third Reading of Bills

Senate Bill No. 1238, entitled

A bill to amend 1905 PA 282, entitled "An act to provide for the assessment of the property, by whomsoever owned, operated or conducted, of railroad companies, union station and depot companies, telegraph companies, telephone companies, sleeping car companies, express companies, car loaning companies, stock car companies, refrigerator car companies, and fast freight companies, and all other companies owning, leasing, running or operating any freight, stock, refrigerator, or any other cars, not being exclusively the property of any railroad company paying taxes upon its rolling stock under the provisions of this act, over or upon the line or lines of any railroad or railroads in this state, and for the levy of taxes thereon by a state board of assessors, and for the collection of such taxes, and to repeal all acts or parts of acts contravening any of the provisions of this act," by amending sections 4, 5, and 9 (MCL 207.4, 207.5, and 207.9), sections 4 and 9 as amended by 1995 PA 257.

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

Roll Call No. 1211 Yeas--101

Adamini George Mans Schermesser

Allen Gieleghem Mead Scranton

Anderson Gilbert Meyer Shackleton

Bernero Godchaux Middaugh Sheltrown

Birkholz Gosselin Minore Shulman

Bisbee Hager Mortimer Spade

Bishop Hansen Murphy Stallworth

Bovin Hardman Neumann Stamas

Bradstreet Hart Newell Stewart

Brown, C. Howell O'Neil Switalski

Brown, R. Hummel Palmer Tabor

Callahan Jacobs Pappageorge Thomas

Cassis Jamnick Patterson Toy

Caul Jansen Pestka Van Woerkom

Clark, I. Jelinek Phillips Vander Roest

Clarke, H. Johnson, Ruth Plakas Vander Veen

Daniels Julian Pumford Vear

Dennis Koetje Quarles Voorhees

DeRossett Kolb Raczkowski Waters

DeVuyst Kooiman Reeves Whitmer

DeWeese Kowall Richardville Williams

Drolet Kuipers Richner Wojno

Durhal LaSata Rison Woodward

Ehardt Lemmons Rocca Woronchak

Frank Lockwood Schauer Zelenko

Garza

Nays--2

Bogardus Hale

In The Chair: Julian

The House agreed to the title of the bill.

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

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

Second Reading of Bills

Senate Bill No. 883, entitled

A bill to amend 1956 PA 218, entitled "The insurance code of 1956," (MCL 500.100 to 500.8302) by adding chapter16.

The bill was read a second time.

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

The motion prevailed.

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

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

By unanimous consent the House returned to the order of

Third Reading of Bills

Senate Bill No. 883, entitled

A bill to amend 1956 PA 218, entitled "The insurance code of 1956," (MCL 500.100 to 500.8302) by adding chapter 16.

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

Roll Call No. 1212 Yeas--106

Adamini George Mans Schauer

Allen Gieleghem McConico Schermesser

Anderson Gilbert Mead Scranton

Bernero Godchaux Meyer Shackleton

Birkholz Gosselin Middaugh Sheltrown

Bisbee Hager Minore Shulman

Bishop Hale Mortimer Spade

Bogardus Hansen Murphy Stallworth

Bovin Hardman Neumann Stamas

Bradstreet Hart Newell Stewart

Brown, C. Howell O'Neil Switalski

Brown, R. Hummel Palmer Tabor

Callahan Jacobs Pappageorge Thomas

Cassis Jamnick Patterson Toy

Caul Jansen Pestka Van Woerkom

Clark, I. Jelinek Phillips Vander Roest

Clarke, H. Johnson, Ruth Plakas Vander Veen

Daniels Julian Pumford Vear

Dennis Koetje Quarles Voorhees

DeRossett Kolb Raczkowski Waters

DeVuyst Kooiman Reeves Whitmer

DeWeese Kowall Richardville Williams

Drolet Kuipers Richner Wojno

Durhal LaSata Rison Woodward

Ehardt Lemmons Rivet Woronchak

Frank Lipsey Rocca Zelenko

Garza Lockwood

Nays--0

In The Chair: Julian

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

"An act to revise, consolidate, and classify the laws relating to the insurance and surety business; to regulate the incorporation or formation of domestic insurance and surety companies and associations and the admission of foreign and alien companies and associations; to provide their rights, powers, and immunities and to prescribe the conditions on which companies and associations organized, existing, or authorized under this act may exercise their powers; to provide the rights, powers, and immunities and to prescribe the conditions on which other persons, firms, corporations, associations, risk retention groups, and purchasing groups engaged in an insurance or surety business may exercise their powers; to provide for the imposition of a privilege fee on domestic insurance companies and associations and the state accident fund; to provide for the imposition of a tax on the business of foreign and alien companies and associations; to provide for the imposition of a tax on risk retention groups and purchasing groups; to provide for the imposition of a tax on the business of surplus line agents; to provide for the imposition of regulatory fees on certain insurers; to provide for assessment fees on certain health maintenance organizations; to modify tort liability arising out of certain accidents; to provide for limited actions with respect to that modified tort liability and to prescribe certain procedures for maintaining those actions; to require security for losses arising out of certain accidents; to provide for the continued availability and affordability of automobile insurance and homeowners insurance in this state and to facilitate the purchase of that insurance by all residents of this state at fair and reasonable rates; to provide for certain reporting with respect to insurance and with respect to certain claims against uninsured or self-insured persons; to prescribe duties for certain state departments and officers with respect to that reporting; to provide for certain assessments; to establish and continue certain state insurance funds; to modify and clarify the status, rights, powers, duties, and operations of the nonprofit malpractice insurance fund; to provide for the departmental supervision and regulation of the insurance and surety business within this state; to provide for regulation over worker's compensation self-insurers; to provide for the conservation, rehabilitation, or liquidation of unsound or insolvent insurers; to provide for the protection of policyholders, claimants, and creditors of unsound or insolvent insurers; to provide for associations of insurers to protect policyholders and claimants in the event of insurer insolvencies; to prescribe educational requirements for insurance agents and solicitors; to provide for the regulation of multiple employer welfare arrangements; to create an automobile theft prevention authority to reduce the number of automobile thefts in this state; to prescribe the powers and duties of the automobile theft prevention authority; to provide certain powers and duties upon certain officials, departments, and authorities of this state; to provide for an appropriation; to repeal acts and parts of acts; and to provide penalties for the violation of this act,".

The House agreed to the full title.

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

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

Second Reading of Bills

Senate Bill No. 28, entitled

A bill to amend 1976 PA 295, entitled "State transportation preservation act of 1976," (MCL 474.51 to 474.70) by amending the title, as amended by 1984 PA 210, and by adding section 15a.

Was read a second time, and the question being on the adoption of the proposed substitute (H-4) previously recommended by the Committee on Appropriations,

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

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

The motion prevailed.

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

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

By unanimous consent the House returned to the order of

Third Reading of Bills

Senate Bill No. 28, entitled

A bill to amend 1976 PA 295, entitled "State transportation preservation act of 1976," (MCL 474.51 to 474.70) by amending the title, as amended by 1984 PA 210, and by adding section 15a.

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

Roll Call No. 1213 Yeas--102

Adamini Gieleghem Mans Rocca

Allen Gilbert McConico Schauer

Anderson Godchaux Mead Schermesser

Bernero Hager Meyer Scranton

Birkholz Hale Middaugh Shackleton

Bisbee Hansen Minore Sheltrown

Bishop Hardman Mortimer Shulman

Bogardus Hart Murphy Spade

Bovin Howell Neumann Stallworth

Brown, C. Hummel Newell Stamas

Brown, R. Jacobs O'Neil Stewart

Callahan Jamnick Palmer Switalski

Cassis Jansen Pappageorge Tabor

Caul Jelinek Patterson Toy

Clark, I. Johnson, Rick Pestka Van Woerkom

Clarke, H. Johnson, Ruth Phillips Vander Veen

Daniels Julian Plakas Vear

Dennis Koetje Pumford Voorhees

DeRossett Kolb Quarles Waters

DeVuyst Kooiman Raczkowski Whitmer

DeWeese Kowall Reeves Williams

Durhal Kuipers Richardville Wojno

Ehardt LaSata Richner Woodward

Frank Lemmons Rison Woronchak

Garza Lipsey Rivet Zelenko

George Lockwood

Nays--4

Bradstreet Drolet Gosselin Vander Roest

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 1976 PA 295, entitled "An act to improve and maintain transportation services in this state; to provide for the acquisition and use of funds; to provide for the acquisition of certain railroad facilities and certain property; to provide for the disposition and use of facilities and property acquired under this act; to provide for financial assistance to certain private transportation services; to prescribe the powers and duties of certain state departments and agencies; to provide for the transfer of certain funds; to provide for the creation of certain funds; and to provide for appropriations," (MCL 474.51 to 474.70) by adding section 15a.

The motion prevailed.

The House agreed to the title as amended.

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

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

Second Reading of Bills

Senate Bill No. 380, entitled

A bill to amend 1961 PA 236, entitled "Revised judicature act of 1961," (MCL 600.101 to 600.9948) by adding sections 2973 and 2974.

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. Rivet moved to amend the bill as follows:

1. Amend page 2, line 6, after "DID" by striking out "1 OR MORE" and inserting "EITHER".

2. Amend page 2, line 12, by striking out all of subparagraph (iii) and renumbering the remaining subparagraph.

3. Amend page 2, line 20, after "KNOWN" by inserting "AND WHICH VIOLATION ENDANGERED THE SAFETY OF THE INDIVIDUAL OR OTHERS".

4. Amend page 2, line 25, after "TAINMENT," by inserting "CASINO LICENSED UNDER THE MICHIGAN GAMING CONTROL AND REVENUE ACT, THE INITIATED LAW OF 1996, MCL 432.201 TO 432.226,".

5. Amend page 3, line 5, after "DID" by striking out "1 OR MORE" and inserting "EITHER".

6. Amend page 3, line 12, by striking out all of subparagraph (iii) and renumbering the remaining subparagraphs.

7. Amend page 3, line 20, after "KNOWN" by inserting "AND WHICH VIOLATION ENDANGERED THE SAFETY OF THE INDIVIDUAL OR OTHERS".

8. Amend page 3, line 21, by striking out all of subparagraph (v).

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

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

The motion prevailed.

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

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

By unanimous consent the House returned to the order of

Third Reading of Bills

Senate Bill No. 380, entitled

A bill to amend 1961 PA 236, entitled "Revised judicature act of 1961," (MCL 600.101 to 600.9948) by adding sections 2973 and 2974.

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

Roll Call No. 1214 Yeas--59

Allen Godchaux LaSata Scranton

Birkholz Gosselin Mead Shackleton

Bisbee Hager Meyer Shulman

Bishop Hart Middaugh Spade

Bradstreet Howell Mortimer Stamas

Brown, C. Hummel Newell Stewart

Cassis Jansen Palmer Tabor

Caul Jelinek Pappageorge Toy

DeRossett Johnson, Rick Patterson Van Woerkom

DeVuyst Johnson, Ruth Phillips Vander Roest

DeWeese Julian Pumford Vander Veen

Drolet Koetje Raczkowski Vear

Ehardt Kooiman Richardville Voorhees

George Kowall Richner Woronchak

Gilbert Kuipers Rocca

Nays--20

Bernero Gieleghem McConico Waters

Bovin Hansen Murphy Whitmer

Callahan Hardman Schauer Williams

Durhal Jacobs Stallworth Wojno

Garza Kolb Thomas Zelenko

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 1961 PA 236, entitled "An act to revise and consolidate the statutes relating to the organization and jurisdiction of the courts of this state; the powers and duties of such courts, and of the judges and other officers thereof; the forms and attributes of civil claims and actions; the time within which civil actions and proceedings may be brought in said courts; pleading, evidence, practice and procedure in civil and criminal actions and proceedings in said courts; to provide remedies and penalties for the violation of certain provisions of this act; to repeal all acts and parts of acts inconsistent with or contravening any of the provisions of this act; and to repeal acts and parts of acts," (MCL 600.101 to 600.9948) by adding section 2974.

The motion prevailed.

The House agreed to the title as amended.

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

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

Second Reading of Bills

Senate Bill No. 1221, entitled

A bill to amend 1967 PA 150, entitled "Michigan military act," by amending section 302 (MCL 32.702).

The bill was read a second time.

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

The motion prevailed.

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

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

By unanimous consent the House returned to the order of

Third Reading of Bills

Senate Bill No. 1221, entitled

A bill to amend 1967 PA 150, entitled "Michigan military act," by amending section 302 (MCL 32.702).

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

Roll Call No. 1215 Yeas--107

Adamini George Lockwood Schauer

Allen Gieleghem Mans Schermesser

Anderson Gilbert McConico Scranton

Bernero Godchaux Mead Shackleton

Birkholz Gosselin Meyer Sheltrown

Bisbee Hager Middaugh Shulman

Bishop Hale Minore Spade

Bogardus Hansen Mortimer Stallworth

Bovin Hardman Murphy Stamas

Bradstreet Hart Neumann Stewart

Brown, C. Howell Newell Switalski

Brown, R. Hummel O'Neil Tabor

Callahan Jacobs Palmer Thomas

Cassis Jamnick Pappageorge Toy

Caul Jansen Patterson Van Woerkom

Clark, I. Jelinek Pestka Vander Roest

Clarke, H. Johnson, Rick Phillips Vander Veen

Daniels Johnson, Ruth Plakas Vear

Dennis Julian Pumford Voorhees

DeRossett Koetje Quarles Waters

DeVuyst Kolb Raczkowski Whitmer

DeWeese Kooiman Reeves Williams

Drolet Kowall Richardville Wojno

Durhal Kuipers Richner Woodward

Ehardt LaSata Rison Woronchak

Frank Lemmons Rivet Zelenko

Garza Lipsey Rocca

Nays--0

In The Chair: Julian

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

"An act to provide for the militia of this state and its organization, command, personnel, administration, training, supply, discipline, deployment, employment, and retirement; and to repeal certain acts and parts of acts,".

The House agreed to the full title.

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

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

Second Reading of Bills

Senate Bill No. 1400, entitled

A bill to amend 1961 PA 236, entitled "Revised judicature act of 1961," by amending sections 1005, 1011, 1019, 1021, and 1023 (MCL 600.1005, 600.1011, 600.1019, 600.1021, and 600.1023), sections 1005, 1019, and 1023 as added by 1996 PA 388, section 1011 as amended by 1998 PA 298, and section 1021 as amended by 2000 PA 56; and to repeal acts and parts of acts.

The bill was read a second time.

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

The motion prevailed.

Senate Bill No. 1437, entitled

A bill to amend 1979 PA 152, entitled "State license fee act," by amending section 37 (MCL 338.2237), as amended by 1988 PA 461.

The bill was read a second time.

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

The motion prevailed.

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

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

______

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

The motion prevailed.

By unanimous consent the House returned to the order of

Third Reading of Bills

Senate Bill No. 1437, entitled

A bill to amend 1979 PA 152, entitled "State license fee act," by amending section 37 (MCL 338.2237), as amended by 1988 PA 461.

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

Roll Call No. 1216 Yeas--103

Adamini George McConico Schermesser

Allen Gieleghem Mead Scranton

Anderson Godchaux Meyer Shackleton

Bernero Hager Middaugh Sheltrown

Birkholz Hansen Minore Shulman

Bisbee Hardman Mortimer Spade

Bishop Hart Murphy Stallworth

Bogardus Howell Neumann Stamas

Bovin Hummel Newell Stewart

Bradstreet Jacobs O'Neil Switalski

Brown, C. Jamnick Palmer Tabor

Brown, R. Jansen Pappageorge Thomas

Callahan Jelinek Patterson Toy

Cassis Johnson, Rick Pestka Van Woerkom

Caul Johnson, Ruth Phillips Vander Roest

Clark, I. Julian Plakas Vander Veen

Clarke, H. Koetje Pumford Vear

Daniels Kolb Quarles Voorhees

Dennis Kooiman Raczkowski Waters

DeRossett Kowall Reeves Whitmer

DeVuyst Kuipers Richardville Williams

DeWeese LaSata Richner Wojno

Durhal Lemmons Rison Woodward

Ehardt Lipsey Rivet Woronchak

Frank Lockwood Rocca Zelenko

Garza Mans Schauer

Nays--3

Drolet Gosselin Hale

In The Chair: Julian

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

"An act to provide for the establishment and collection of fees for the regulation of certain occupations and professions, and for certain agencies and businesses; to create certain funds; and to prescribe certain powers and duties of certain state agencies and departments,".

The House agreed to the full title.

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

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

Second Reading of Bills

Senate Bill No. 1438, entitled

A bill to amend 1980 PA 299, entitled "Occupational code," by amending sections 409, 411, and 2504 (MCL 339.409, 339.411, and 339.2504), section 409 as added by 1988 PA 463, section 411 as amended by 1989 PA 261, and section 2504 as amended by 1984 PA 413, and by adding section 2502a.

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

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

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

The motion prevailed.

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

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

By unanimous consent the House returned to the order of

Third Reading of Bills

Senate Bill No. 1438, entitled

A bill to amend 1980 PA 299, entitled "Occupational code," by amending sections 409, 411, and 2504 (MCL 339.409, 339.411, and 339.2504), section 409 as added by 1988 PA 463, section 411 as amended by 1989 PA 261, and section 2504 as amended by 1984 PA 413, and by adding section 2502a.

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

Roll Call No. 1217 Yeas--103

Adamini George Lockwood Rocca

Allen Gieleghem Mans Schauer

Anderson Gilbert McConico Schermesser

Bernero Godchaux Mead Scranton

Birkholz Gosselin Meyer Shackleton

Bisbee Hager Middaugh Sheltrown

Bishop Hale Minore Shulman

Bogardus Hansen Mortimer Spade

Bovin Hardman Murphy Stamas

Bradstreet Hart Neumann Stewart

Brown, C. Howell Newell Switalski

Brown, R. Hummel O'Neil Tabor

Callahan Jacobs Palmer Toy

Cassis Jamnick Pappageorge Van Woerkom

Caul Jansen Patterson Vander Roest

Clark, I. Jelinek Pestka Vander Veen

Clarke, H. Johnson, Ruth Phillips Vear

Daniels Julian Plakas Voorhees

Dennis Koetje Pumford Waters

DeRossett Kolb Quarles Whitmer

DeWeese Kooiman Raczkowski Williams

Drolet Kowall Reeves Wojno

Durhal Kuipers Richardville Woodward

Ehardt LaSata Richner Woronchak

Frank Lemmons Rison Zelenko

Garza Lipsey Rivet

Nays--0

In The Chair: Julian

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

"An act to revise, consolidate, and classify the laws of this state regarding the regulation of certain occupations; to create a board for each of those occupations; to establish the powers and duties of certain departments and agencies and the boards of each occupation; to provide for the promulgation of rules; to provide for certain fees; to provide for penalties and civil fines; to establish rights, relationships, and remedies of certain persons under certain circumstances; 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. Richardville 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. 213, entitled

A bill to amend 1976 PA 451, entitled "The revised school code," by amending sections 1231 and 1236 (MCL 380.1231 and 380.1236), section 1236 as amended by 1995 PA 289, and by adding section 1236a.

The bill was read a second time.

Rep. Bishop moved to amend the bill as follows:

1. Amend page 3, line 3, after "TO" by striking out "SUBSECTION (3)" and inserting "SUBSECTIONS (3) AND (4)".

2. Amend page 3, following line 18, by inserting:

"(4) SUBSECTION (2) DOES NOT APPLY TO A SUBSTITUTE TEACHER WHO IS FULFILLING THE TEACHING DUTIES OF A TEACHER WHO IS UNABLE TO TEACH DUE TO A TERMINAL ILLNESS." and renumbering the remaining subsection.

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

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

The motion prevailed.

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

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

______

Rep. Vander Roest moved that Reps. Raczkowski and DeVuyst be excused temporarily from today's session.

The motion prevailed.

By unanimous consent the House returned to the order of

Third Reading of Bills

Senate Bill No. 213, entitled

A bill to amend 1976 PA 451, entitled "The revised school code," by amending sections 1231 and 1236 (MCL 380.1231 and 380.1236), section 1236 as amended by 1995 PA 289, and by adding section 1236a.

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

Roll Call No. 1218 Yeas--56

Allen Godchaux Kuipers Rocca

Birkholz Gosselin LaSata Scranton

Bisbee Hager Mead Shackleton

Bishop Hart Meyer Shulman

Bradstreet Howell Middaugh Stamas

Brown, C. Hummel Mortimer Stewart

Cassis Jansen Newell Tabor

Caul Jelinek O'Neil Toy

DeRossett Johnson, Rick Palmer Van Woerkom

DeWeese Johnson, Ruth Pappageorge Vander Roest

Drolet Julian Patterson Vander Veen

Ehardt Koetje Pumford Vear

George Kooiman Richardville Voorhees

Gilbert Kowall Richner Woronchak

Nays--49

Adamini Garza McConico Schermesser

Anderson Gieleghem Minore Sheltrown

Bernero Hale Murphy Spade

Bogardus Hansen Neumann Stallworth

Bovin Hardman Pestka Switalski

Brown, R. Jacobs Phillips Thomas

Callahan Jamnick Plakas Waters

Clark, I. Kolb Quarles Whitmer

Clarke, H. Lemmons Reeves Williams

Daniels Lipsey Rison Wojno

Dennis Lockwood Rivet Woodward

Durhal Mans Schauer Zelenko

Frank

In The Chair: Julian

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

"An act to provide a system of public instruction and elementary and secondary schools; to revise, consolidate, and clarify the laws relating to elementary and secondary education; to provide for the organization, regulation, and maintenance of schools, school districts, public school academies, and intermediate school districts; to prescribe rights, powers, duties, and privileges of schools, school districts, public school academies, and intermediate school districts; to provide for the regulation of school teachers and certain other school employees; to provide for school elections and to prescribe powers and duties with respect thereto; to provide for the levy and collection of taxes; to provide for the borrowing of money and issuance of bonds and other evidences of indebtedness; to establish a fund and provide for expenditures from that fund; to provide for and prescribe the powers and duties of certain state departments, the state board of education, and certain other boards and officials; to provide for licensure of boarding schools; to prescribe penalties; and to repeal acts and parts of acts,".

The House agreed to the full title.

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

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

Second Reading of Bills

Senate Bill No. 1505, entitled

A bill to amend 1939 PA 280, entitled "The social welfare act," by amending sections 115f, 115g, 115i, 115j, 115l, and 115m (MCL 400.115f, 400.115g, 400.115i, 400.115j, 400.115l, and 400.115m), section 115f as amended by 1998 PA 22, section 115g as amended and sections 115i and 115l as added by 1994 PA 238, section 115j as amended by 2000 PA 61, and section 115m as added by 1994 PA 207, and by adding sections 115r and 115s.

The bill was read a second time.

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

The motion prevailed.

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

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

By unanimous consent the House returned to the order of

Third Reading of Bills

Senate Bill No. 1505, entitled

A bill to amend 1939 PA 280, entitled "The social welfare act," by amending sections 115f, 115g, 115i, 115j, 115l, and 115m (MCL 400.115f, 400.115g, 400.115i, 400.115j, 400.115l, and 400.115m), section 115f as amended by 1998 PA 22, section 115g as amended and sections 115i and 115l as added by 1994 PA 238, section 115j as amended by 2000 PA 61, and section 115m as added by 1994 PA 207, and by adding sections 115r and 115s.

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

Roll Call No. 1219 Yeas--106

Adamini George Lockwood Rocca

Allen Gieleghem Mans Schauer

Anderson Gilbert McConico Schermesser

Bernero Godchaux Mead Scranton

Birkholz Gosselin Meyer Shackleton

Bisbee Hager Middaugh Sheltrown

Bishop Hale Minore Shulman

Bogardus Hansen Mortimer Spade

Bovin Hardman Murphy Stallworth

Bradstreet Hart Neumann Stamas

Brown, C. Howell Newell Stewart

Brown, R. Hummel O'Neil Switalski

Callahan Jacobs Palmer Tabor

Cassis Jamnick Pappageorge Toy

Caul Jansen Patterson Van Woerkom

Clark, I. Jelinek Pestka Vander Roest

Clarke, H. Johnson, Rick Phillips Vander Veen

Daniels Johnson, Ruth Plakas Vear

Dennis Julian Pumford Voorhees

DeRossett Koetje Quarles Waters

DeVuyst Kolb Raczkowski Whitmer

DeWeese Kooiman Reeves Williams

Drolet Kowall Richardville Wojno

Durhal Kuipers Richner Woodward

Ehardt LaSata Rison Woronchak

Frank Lemmons Rivet Zelenko

Garza Lipsey

Nays--0

In The Chair: Julian

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

"An act to protect the welfare of the people of this state; to provide general assistance, hospitalization, infirmary and medical care to poor or unfortunate persons; to provide for compliance by this state with the social security act; to provide protection, welfare and services to aged persons, dependent children, the blind, and the permanently and totally disabled; to administer programs and services for the prevention and treatment of delinquency, dependency and neglect of children; to create a state department of social services; to prescribe the powers and duties of the department; to provide for the interstate and intercounty transfer of dependents; to create county and district departments of social services; to create within certain county departments, bureaus of social aid and certain divisions and offices thereunder; to prescribe the powers and duties of the departments, bureaus and officers; to provide for appeals in certain cases; to prescribe the powers and duties of the state department with respect to county and district departments; to prescribe certain duties of certain other state departments, officers, and agencies; to make an appropriation; to prescribe penalties for the violation of the provisions of this act; and to repeal certain parts of this act on specific dates,".

The House agreed to the full title.

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

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

Second Reading of Bills

Senate Bill No. 115, entitled

A bill to amend 1846 RS 14, entitled "Of county officers," by amending section 60 (MCL 49.160).

Was read a second time, and the question being on the adoption of the proposed amendments previously recommended by the Committee on Criminal Justice (for amendments, see House Journal No. 69, p. 2702),

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

Rep. Kowall moved to amend the bill as follows:

1. Amend page 3, following line 10, by inserting:

"Enacting section 1. This amendatory act takes effect February 1, 2003.".

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

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

The motion prevailed.

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

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

By unanimous consent the House returned to the order of

Third Reading of Bills

Senate Bill No. 115, entitled

A bill to amend 1846 RS 14, entitled "Of county officers," by amending section 60 (MCL 49.160).

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

Roll Call No. 1220 Yeas--107

Adamini George Lockwood Schauer

Allen Gieleghem Mans Schermesser

Anderson Gilbert McConico Scranton

Bernero Godchaux Mead Shackleton

Birkholz Gosselin Meyer Sheltrown

Bisbee Hager Middaugh Shulman

Bishop Hale Minore Spade

Bogardus Hansen Mortimer Stallworth

Bovin Hardman Murphy Stamas

Bradstreet Hart Neumann Stewart

Brown, C. Howell Newell Switalski

Brown, R. Hummel O'Neil Tabor

Callahan Jacobs Palmer Thomas

Cassis Jamnick Pappageorge Toy

Caul Jansen Patterson Van Woerkom

Clark, I. Jelinek Pestka Vander Roest

Clarke, H. Johnson, Rick Phillips Vander Veen

Daniels Johnson, Ruth Plakas Vear

Dennis Julian Pumford Voorhees

DeRossett Koetje Quarles Waters

DeVuyst Kolb Raczkowski Whitmer

DeWeese Kooiman Reeves Williams

Drolet Kowall Richardville Wojno

Durhal Kuipers Richner Woodward

Ehardt LaSata Rison Woronchak

Frank Lemmons Rivet Zelenko

Garza Lipsey Rocca

Nays--0

In The Chair: Julian

The House agreed to the title of the bill.

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

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

By unanimous consent the House returned to the order of

Messages from the Senate

Senate Concurrent Resolution No. 75.

A concurrent resolution approving the conveyance of property to the State Building Authority and approving a lease among the State of Michigan, the State Building Authority, and the Regents of the University of Michigan relative to the University of Michigan-Dearborn Hubbard Drive Professional Training and Education Building Acquisition (Phase I).

Whereas, 2002 PA 530 established the University of Michigan-Dearborn (the "University") Hubbard Drive Professional Training and Education Building Acquisition (Phase I) for the acquisition of the University's Hubbard Drive Professional Training and Education Building (the "Professional Training Facility") at a Total Project Cost of $32,800,000, of which the State Building Authority (the "Authority") share is $24,599,800, the University share is $8,200,000, and the State General Fund/General Purpose share is $200; and

Whereas, The site for the Professional Training Facility will be owned by the University; and

Whereas, Section 5 of 1964 PA 183, as amended, being MCL § 830.415, requires the approval of the University, the State Administrative Board, and the Michigan Legislature by concurrent resolution concurred in by a majority of the members elected to and serving in each house, with the votes and names of the members voting thereon entered in the journal, before land owned by the University may be conveyed to the Authority; and

Whereas, Section 7 of 1964 PA 183, as amended, being MCL § 830.417, requires the approval of the State Administrative Board and the Michigan Legislature by concurrent resolution concurred in by a majority of the members elected to and serving in each house, with the votes and names of the members voting thereon entered in the journal, before the State of Michigan (the "State") may enter into a lease with the Authority upon a showing of a public purpose; and

Whereas, Providing additional space to be used by the University pursuant to the lease for the Professional Training Facility is a recognized public purpose; and

Whereas, A lease among the Authority, the State, and the University has been prepared providing for the leasing of the Professional Training Facility by the Authority to the State and the University (the "Lease"); and

Whereas, The Executive Director of the Authority has furnished the Joint Capital Outlay Subcommittee of the Legislature with information and documents relative to the Lease; now, therefore, be it

Resolved by the Senate (the House of Representatives concurring), That the Total Facility Cost for the University of Michigan-Dearborn Hubbard Drive Professional Training and Education Building Acquisition (Phase I), consisting of the Professional Training Facility, shall not exceed $32,800,000 (of which the Authority share is $24,599,800, the University share is $8,200,000, and the State General Fund/General Purpose share is $200), plus interest charges on monies advanced by the State to meet the acquisition and renovation cash flow requirements of the Professional Training Facility, if any, shall be financed from bonds issued by the Authority, exclusive of amounts necessary for reserves, interest, or other nonconstruction costs; and be it further

Resolved, That the Legislature hereby approves the necessary conveyances of property to the Authority as more particularly described in the Lease and attachments thereto; and be it further

Resolved, That the Legislature hereby approves the Authority acquiring the Professional Training Facility and leasing it to the State and the University and hereby determines that the leasing of the Professional Training Facility from the Authority is for a public purpose as authorized by 1964 PA 183, as amended; and be it further

Resolved, That the annual amounts of "True Rental" for the Professional Training Facility shall be within or below the range of $1,920,000 and $2,440,000, as shall reflect variations that may occur in the components upon which the appraisal of True Rental was based, which amounts shall be certified by the appraiser and thereafter approved by the State Administrative Board and the Authority as authorized by 1964 PA 183, as amended; and be it further

Resolved, That the Lease is hereby approved by this concurrent resolution, and the Governor and the Secretary of State are authorized and directed to execute the Lease for and on behalf of the State; and be it further

Resolved, That, by hereby approving the Lease among the State, the University, and the Authority, the Legislature agrees to appropriate annually sufficient amounts to pay the rent as obligated pursuant to the Lease; and be it further

Resolved, That a copy of this concurrent resolution be transmitted to the Governor, the Secretary of State, the Authority, the University, and the State Budget Director.

The Senate has adopted the concurrent resolution.

Pending the reference of the concurrent resolution to a committee,

Rep. Richardville moved that Rule 77 be suspended and the concurrent 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 concurrent resolution,

The Clerk made the following statement:

"Mr. Speaker and members of the House, the lease and exhibits attached to the resolution are available for review by the membership in the Clerk's office."

The question being on the adoption of the concurrent resolution,

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

Roll Call No. 1221 Yeas--105

Adamini George Lipsey Schauer

Allen Gieleghem Lockwood Schermesser

Anderson Gilbert Mans Scranton

Bernero Godchaux McConico Shackleton

Birkholz Gosselin Mead Sheltrown

Bisbee Hager Meyer Shulman

Bishop Hale Middaugh Spade

Bogardus Hansen Minore Stallworth

Bovin Hardman Mortimer Stamas

Bradstreet Hart Murphy Stewart

Brown, C. Howell Neumann Switalski

Brown, R. Hummel Newell Tabor

Callahan Jacobs O'Neil Thomas

Cassis Jamnick Palmer Toy

Caul Jansen Pappageorge Van Woerkom

Clark, I. Jelinek Patterson Vander Roest

Clarke, H. Johnson, Rick Pestka Vander Veen

Daniels Johnson, Ruth Phillips Vear

Dennis Julian Pumford Voorhees

DeRossett Koetje Raczkowski Waters

DeVuyst Kolb Reeves Whitmer

DeWeese Kooiman Richardville Williams

Drolet Kowall Richner Wojno

Durhal Kuipers Rison Woodward

Ehardt LaSata Rivet Woronchak

Frank Lemmons Rocca Zelenko

Garza

Nays--0

In The Chair: Julian

By unanimous consent the House returned to the order of

Reports of Standing Committees

The Speaker laid before the House

House Resolution No. 606.

A resolution to approve, and urge the Governor to execute, a certain tribal-state gaming compact between the Match-E-Be-Nash-She-Wish Band of Pottawatomi Indians of Michigan (the Gun Lake Band) and the State of Michigan.

(For text of resolution, see House Journal No. 71, p. 2837.)

Rep. Richardville 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,

Rep. Koetje moved to amend the resolution as follows:

1. Amend the resolution, following the first Resolving clause, by inserting:

"Resolved, That this resolution not be acted upon by the Governor or executed by the Governor unless, pursuant to state statute enacted into law by January 30, 2003 and effective prior to January 1, 2004, that no casino that is located in the city of Detroit can relocate and/or develop along the Detroit riverfront; and be it further".

The motion did not prevail and the amendment was not adopted, a majority of the members present not voting therefor.

______

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

The motion prevailed.

Rep. Koetje moved to amend the resolution as follows:

1. Amend the resolution, following the first Resolving clause, by inserting:

"Resolved, That this resolution not be acted upon by the Governor or executed by the Governor unless, pursuant to state statute enacted into law by January 30, 2003 and effective prior to January 1, 2004, that the suppliers of gaming facilities are required to follow the same campaign finance rules and regulations of casinos regulated under the rules of the Michigan Gaming Control Board; and be it further".

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

Rep. Koetje demanded the yeas and nays.

The demand was supported.

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

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

Roll Call No. 1222 Yeas--48

Allen Gosselin LaSata Raczkowski

Anderson Hager Lemmons Scranton

Birkholz Hale Mans Shackleton

Bishop Hart Meyer Stamas

Bradstreet Hummel Middaugh Stewart

Brown, C. Jacobs Mortimer Van Woerkom

Callahan Jansen Murphy Vander Roest

Cassis Jelinek Neumann Vander Veen

DeWeese Johnson, Ruth Newell Vear

George Koetje Pappageorge Voorhees

Gilbert Kooiman Pestka Woodward

Godchaux Kuipers Pumford Woronchak

Nays--48

Bernero Garza O'Neil Schermesser

Bisbee Hansen Palmer Sheltrown

Bovin Hardman Patterson Shulman

Brown, R. Howell Phillips Spade

Caul Jamnick Plakas Stallworth

Clark, I. Johnson, Rick Quarles Switalski

Clarke, H. Julian Reeves Tabor

Daniels Kolb Richardville Thomas

DeRossett Lipsey Richner Waters

DeVuyst Lockwood Rison Williams

Drolet McConico Rivet Wojno

Durhal Mead Rocca Zelenko

In The Chair: Julian

Rep. Koetje moved to amend the resolution as follows:

1. Amend the resolution, following the first Resolving clause, by inserting:

"Resolved, That this resolution not be acted upon by the Governor or executed by the Governor unless, pursuant to state statute enacted into law by January 30, 2003 and effective prior to January 1, 2004, the use of public funds for the purposes of advertisement of the state lottery shall be prohibited; and be it further".

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

Rep. Koetje demanded the yeas and nays.

The demand was supported.

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

Point of Order

Rep. Jacobs requested a ruling from the Chair regarding the germaneness of the amendment.

The Chair ruled that the amendment is germane.

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

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

Roll Call No. 1223 Yeas--27

Allen Drolet Johnson, Ruth Stamas

Birkholz Gosselin Koetje Stewart

Bishop Hager Kooiman Vander Roest

Bradstreet Hart Kuipers Vander Veen

Brown, C. Hummel Middaugh Vear

Cassis Jansen Newell Voorhees

DeWeese Jelinek Pumford

Nays--68

Anderson Gieleghem Meyer Schermesser

Bernero Gilbert Mortimer Scranton

Bisbee Godchaux Neumann Shackleton

Bogardus Hale O'Neil Sheltrown

Bovin Hansen Palmer Shulman

Brown, R. Hardman Pappageorge Spade

Callahan Howell Patterson Stallworth

Caul Jacobs Pestka Switalski

Clark, I. Jamnick Phillips Tabor

Clarke, H. Johnson, Rick Plakas Thomas

Daniels Julian Quarles Van Woerkom

Dennis Kolb Reeves Waters

DeRossett LaSata Richardville Williams

DeVuyst Lemmons Richner Wojno

Durhal Lockwood Rison Woodward

Garza Mans Rivet Woronchak

George Mead Rocca Zelenko

In The Chair: Julian

Rep. Koetje moved to amend the resolution as follows:

1. Amend the resolution, following the first Resolving clause, by inserting:

"Resolved, That this resolution not be acted upon by the Governor or executed by the Governor unless, pursuant to state statute enacted into law by January 30, 2003 and effective prior to January 1, 2004, that 2% of the annual gross revenue of the casino, in addition to that provided in the existing compact, be paid annually by the Gun Lake Tribe equally, to the Detroit Institute of Arts, Detroit Zoo, and the Detroit Symphony Orchestra; and be it further".

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

Rep. Koetje demanded the yeas and nays.

The demand was supported.

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

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

Roll Call No. 1224 Yeas--29

Birkholz Jansen Murphy Vander Roest

Bishop Jelinek Newell Vander Veen

Bradstreet Koetje Pumford Vear

Brown, C. Kooiman Raczkowski Voorhees

Cassis Lemmons Scranton Wojno

Godchaux McConico Shulman Woodward

Hart Middaugh Stewart Woronchak

Jacobs

Nays--70

Adamini Ehardt Lipsey Rison

Allen Frank Lockwood Rivet

Anderson Garza Mans Rocca

Bernero George Mead Schauer

Bisbee Gieleghem Meyer Schermesser

Bogardus Gilbert Mortimer Shackleton

Bovin Gosselin Neumann Sheltrown

Callahan Hager O'Neil Spade

Caul Hale Palmer Stallworth

Clark, I. Hansen Pappageorge Stamas

Clarke, H. Hardman Patterson Switalski

Daniels Howell Pestka Tabor

Dennis Hummel Phillips Van Woerkom

DeRossett Jamnick Plakas Waters

DeVuyst Johnson, Rick Quarles Whitmer

DeWeese Johnson, Ruth Richardville Williams

Drolet Julian Richner Zelenko

Durhal LaSata

In The Chair: Julian

______

Rep. Clarke, having reserved the right to explain his nay vote, made the following statement:

"Mr. Speaker and members of the House:

I support this funding in principle, but I oppose this amendment because it is inappropriate and likely illegal."

Rep. Koetje moved to amend the resolution as follows:

1. Amend the resolution, following the first Resolving clause, by inserting:

"Resolved, That this resolution not be acted upon by the Governor or executed by the Governor unless, pursuant to state statute enacted into law by January 30, 2003 and effective prior to January 1, 2004, all planting and nursery growing of cottonwood (poplar) trees shall now be illegal in the state of Michigan; and be it further".

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

Point of Order

Rep. Jacobs requested a ruling from the Chair regarding the germaneness of the amendment.

The Chair ruled that the amendment is not germane.

______

Rep. Basham entered the House Chambers.

Rep. Koetje moved to amend the resolution as follows:

1. Amend the resolution, following the first Resolving clause, by inserting:

"Resolved, That this resolution not be acted upon by the Governor or executed by the Governor unless, pursuant to state statute enacted into law by January 30, 2003 and effective prior to January 1, 2004, that the Department of Environmental Quality commences an environmental assessment of what effect a tribal casino will have on the local ecological system before the facility is to be built and the Gun Lake Tribe will be responsible for financing the Department of Environmental Quality's environmental assessment; and be it further".

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

Rep. Koetje demanded the yeas and nays.

The demand was supported.

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

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

Roll Call No. 1225 Yeas--30

Basham Godchaux LaSata Stamas

Birkholz Hart Mans Stewart

Bishop Jansen Middaugh Van Woerkom

Bradstreet Jelinek Newell Vander Roest

Brown, C. Johnson, Ruth Pumford Vander Veen

Cassis Koetje Raczkowski Vear

DeWeese Kooiman Scranton Voorhees

George Kuipers

Nays--69

Adamini Frank Lockwood Rocca

Allen Garza McConico Schermesser

Anderson Gieleghem Mead Shackleton

Bernero Gilbert Meyer Sheltrown

Bisbee Hager Neumann Shulman

Bogardus Hale O'Neil Spade

Bovin Hansen Palmer Stallworth

Brown, R. Hardman Pappageorge Switalski

Callahan Howell Patterson Tabor

Caul Hummel Phillips Thomas

Clark, I. Jacobs Plakas Waters

Clarke, H. Jamnick Quarles Whitmer

Daniels Johnson, Rick Reeves Williams

Dennis Julian Richardville Wojno

DeRossett Kolb Richner Woodward

DeVuyst Lemmons Rison Woronchak

Drolet Lipsey Rivet Zelenko

Durhal

In The Chair: Julian

Rep. Koetje moved to amend the resolution as follows:

1. Amend the resolution, following the first Resolving clause, by inserting:

"Resolved, That this resolution not be acted upon by the Governor or executed by the Governor unless, pursuant to state statute enacted into law by January 30, 2003 and effective prior to January 1, 2004, that 2% of the annual gross revenue of the casino, in addition to that provided in the existing compact, be paid annually by the Gun Lake Tribe equally, to the Grand Rapids Symphony, the Van Andel Museum, and the John Ball Park Zoological Society; and be it further".

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

Rep. Koetje demanded the yeas and nays.

The demand was supported.

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

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

Roll Call No. 1226 Yeas--24

Basham Hart Mans Rivet

Birkholz Jansen Middaugh Stewart

Bishop Jelinek Newell Vander Roest

Bradstreet Koetje Pestka Vander Veen

Brown, C. Kooiman Pumford Vear

Godchaux Kuipers Raczkowski Voorhees

Nays--74

Adamini Frank Lipsey Schermesser

Allen Garza Lockwood Shackleton

Anderson George McConico Sheltrown

Bernero Gieleghem Mead Shulman

Bisbee Gilbert Meyer Spade

Bogardus Hager Neumann Stallworth

Bovin Hale O'Neil Stamas

Brown, R. Hansen Palmer Switalski

Callahan Hardman Pappageorge Tabor

Caul Howell Patterson Thomas

Clark, I. Hummel Phillips Van Woerkom

Clarke, H. Jacobs Plakas Waters

Daniels Jamnick Quarles Whitmer

Dennis Johnson, Rick Richardville Williams

DeRossett Johnson, Ruth Richner Wojno

DeVuyst Julian Rison Woodward

DeWeese Kolb Rocca Woronchak

Drolet LaSata Schauer Zelenko

Durhal Lemmons

In The Chair: Julian

Rep. Koetje moved to amend the resolution as follows:

"Resolved, That this resolution not be acted upon by the Governor or executed by the Governor unless, pursuant to state statute enacted into law by January 30, 2003 and effective prior to January 1, 2004, that the Department of Treasury reviews all of the Gun Lake Band tribal casino's financial records to determine the yearly profits of the casino; and that Gun Lake Band will finance the Department of Treasury's investigation of its financial records; and based upon the yearly profits, 25% shall be earmarked and deposited into the state's general purpose/general fund; and that the earmarked funding shall be divided in the following manner: 5% for the Department of Natural Resources; 5% for the Department of Environmental Quality; 10% to the Department of Community Health; and 5% to the Department of Transportation; and that those departments shall be charged with utilizing that funding to improve the state's natural resources, environment, assisting low income senior citizens purchase prescription drugs, and improving our state's highway infrastructure; and be it further".

The motion did not prevail and the amendment was not adopted, a majority of the members present not voting therefor.

Rep. Koetje moved to amend the resolution as follows:

1. Amend the resolution, following the first Resolving clause, by inserting:

"Resolved, That this resolution not be acted upon by the Governor or executed by the Governor unless, pursuant to state statute enacted into law by January 30, 2003 and effective prior to January 1, 2004, that the Gun Lake Tribe shall create a revenue sharing formula with the city of Detroit to compensate for the economic loss that the voter-approved casinos will incur due to the establishment of a 12th tribal casino; and be it further".

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

Rep. Koetje demanded the yeas and nays.

The demand was supported.

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

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

Roll Call No. 1227 Yeas--25

Adamini Jelinek Mans Stallworth

Birkholz Johnson, Ruth Mortimer Stewart

Cassis Koetje Pumford Vander Roest

DeWeese Kooiman Raczkowski Vander Veen

Hart Kuipers Richner Vear

Jacobs Lemmons Scranton Voorhees

Jansen

Nays--62

Allen Ehardt Mead Shackleton

Anderson Garza Meyer Sheltrown

Basham George Middaugh Shulman

Bernero Gieleghem Neumann Spade

Bisbee Gilbert Newell Stamas

Bishop Hager Palmer Switalski

Bogardus Hale Pappageorge Tabor

Brown, C. Hansen Patterson Van Woerkom

Brown, R. Howell Phillips Waters

Callahan Hummel Plakas Whitmer

Caul Jamnick Quarles Williams

Dennis Johnson, Rick Richardville Wojno

DeRossett Julian Rocca Woodward

DeVuyst LaSata Schauer Woronchak

Drolet Lipsey Schermesser Zelenko

Durhal Lockwood

In The Chair: Julian

Rep. Kooiman moved to amend the resolution as follows:

1. Amend page 1, following the first Resolving clause, by inserting:

"Resolved, That the compact require an annual report on the use of gaming facility funds and the benefits to the Native American community in West Michigan; and be it further".

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

Rep. Kooiman demanded the yeas and nays.

The demand was supported.

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

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

Roll Call No. 1228 Yeas--40

Bernero Gosselin Lemmons Scranton

Birkholz Hager Mans Shackleton

Bishop Hart Middaugh Sheltrown

Bradstreet Hummel Neumann Stamas

Brown, C. Jansen Newell Stewart

Cassis Jelinek Pestka Van Woerkom

DeWeese Koetje Pumford Vander Roest

Frank Kooiman Raczkowski Vander Veen

George Kuipers Rivet Vear

Godchaux LaSata Schauer Voorhees

Nays--48

Adamini Garza Mead Shulman

Allen Gieleghem Meyer Spade

Anderson Hale O'Neil Stallworth

Basham Hansen Palmer Switalski

Bisbee Howell Pappageorge Tabor

Bogardus Jamnick Patterson Waters

Brown, R. Johnson, Rick Phillips Whitmer

Caul Johnson, Ruth Plakas Williams

Dennis Julian Richardville Wojno

DeVuyst Lipsey Richner Woodward

Drolet Lockwood Rison Woronchak

Durhal McConico Rocca Zelenko

In The Chair: Julian

Rep. Kooiman moved to amend the resolution as follows:

1. Amend page 1, following the first Resolving clause, by inserting:

"Resolved, That the Governor submit the negotiated compact in its final form to the Legislature for approval; and be it further".

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

Rep. Kooiman demanded the yeas and nays.

The demand was supported.

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

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

Roll Call No. 1229 Yeas--44

Adamini Gosselin Mans Shackleton

Allen Hager Middaugh Shulman

Basham Hart Mortimer Stamas

Birkholz Hummel Neumann Stewart

Bishop Jansen Newell Switalski

Bradstreet Jelinek Pestka Van Woerkom

Brown, C. Johnson, Ruth Phillips Vander Roest

Cassis Koetje Pumford Vear

DeWeese Kooiman Raczkowski Voorhees

George Kuipers Schauer Wojno

Gieleghem LaSata Scranton Woodward

Nays--48

Anderson Drolet Kolb Richardville

Bernero Durhal Lemmons Rivet

Bisbee Frank Lipsey Rocca

Bogardus Garza Lockwood Sheltrown

Brown, R. Gilbert McConico Spade

Callahan Hale Mead Stallworth

Clark, I. Hansen Meyer Tabor

Clarke, H. Howell O'Neil Waters

Daniels Jacobs Palmer Whitmer

Dennis Jamnick Pappageorge Williams

DeRossett Johnson, Rick Patterson Woronchak

DeVuyst Julian Plakas Zelenko

In The Chair: Julian

Rep. Jelinek moved to amend the resolution as follows:

1. Amend the resolution, following the first Resolving clause, by inserting:

"Resolved, That this resolution not be acted upon by the Governor or executed by the Governor unless, pursuant to state statute enacted into law by January 30, 2003 and effective prior to January 1, 2004, that the law permitting the placement of vending-type machines on premises of lottery vendors for the sale of state lottery tickets be repealed; and be it further".

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

Rep. Jelinek demanded the yeas and nays.

The demand was supported.

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

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

Roll Call No. 1230 Yeas--32

Basham Hager Kuipers Stallworth

Birkholz Hart LaSata Stamas

Bishop Hummel Mans Stewart

Brown, C. Jansen Middaugh Van Woerkom

Cassis Jelinek Newell Vander Roest

DeWeese Johnson, Ruth Pappageorge Vander Veen

George Koetje Pumford Vear

Gilbert Kooiman Raczkowski Voorhees

Nays--61

Adamini Durhal McConico Schermesser

Allen Garza Mead Shackleton

Anderson Gieleghem Meyer Sheltrown

Bernero Godchaux Neumann Shulman

Bisbee Hale O'Neil Spade

Bogardus Hansen Palmer Switalski

Bovin Hardman Patterson Tabor

Brown, R. Howell Pestka Thomas

Callahan Jacobs Phillips Waters

Caul Jamnick Plakas Whitmer

Clarke, H. Johnson, Rick Quarles Williams

Daniels Julian Richardville Wojno

Dennis Kolb Richner Woodward

DeRossett Lipsey Rocca Woronchak

DeVuyst Lockwood Schauer Zelenko

Drolet

In The Chair: Julian

Rep. Koetje moved to amend the resolution as follows:

1. Amend the resolution, following the first Resolving clause, by inserting:

"Resolved, That the Michigan House of Representatives encourages and requests that the Congress of the United States support the national energy plan proposed by the President and the Vice-President of the United States of America; and be it further".

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

Point of Order

Rep. DeVuyst requested a ruling from the Chair regarding the germaneness of the amendment.

The Chair ruled that the amendment is not germane.

Rep. Koetje moved to amend the resolution as follows:

1. Amend the resolution, following the first Resolving clause, by inserting:

"Resolved, That we memorialize the Congress of the United States to permit the State of Michigan to have a waiver to establish a higher threshold of excluded assets for senior citizens qualifying for Medicaid service; and be it further".

2. Amend the second Resolving clause, line 3, after "Michigan," by inserting "the United States Senate, the Speaker of the United States House of Representatives, the members of the Michigan congressional delegation,".

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

Point of Order

Rep. Jacobs requested a ruling from the Chair regarding the germaneness of the amendments.

The Chair ruled that the amendments are not germane pursuant to House Rule 64.

Rep. Birkholz moved to amend the resolution as follows:

1. Amend page 1, following the first Resolving clause, by inserting:

"Resolved, That the compact prohibits any current employee of the gaming facility from gambling in that facility; and be it further".

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

Rep. Birkholz demanded the yeas and nays.

The demand was supported.

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

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

Roll Call No. 1231 Yeas--41

Allen Gieleghem Kuipers Raczkowski

Basham Gosselin LaSata Schauer

Birkholz Hager Lemmons Stamas

Bishop Hart Mans Stewart

Bradstreet Hummel Meyer Switalski

Brown, C. Jansen Middaugh Van Woerkom

Cassis Jelinek Mortimer Vander Roest

DeWeese Johnson, Ruth Newell Vander Veen

Ehardt Koetje Pestka Voorhees

Frank Kooiman Pumford Woronchak

George

Nays--49

Adamini Durhal Lockwood Rocca

Anderson Gilbert McConico Schermesser

Bernero Hale Mead Shackleton

Bisbee Hansen Neumann Sheltrown

Bovin Hardman O'Neil Spade

Brown, R. Howell Palmer Tabor

Caul Jacobs Pappageorge Thomas

Clark, I. Jamnick Patterson Waters

Clarke, H. Johnson, Rick Phillips Williams

Daniels Julian Plakas Wojno

DeRossett Kolb Quarles Woodward

DeVuyst Lipsey Richner Zelenko

Drolet

In The Chair: Julian

Rep. Birkholz moved to amend the resolution as follows:

1. Amend the resolution, following the first Resolving clause, by inserting:

"Resolved, That the compact must include a provision to require that employees of the tribal casino must be subject to the same provisions that apply to employees under the Michigan Gaming Control and Revenue Act, the Initiated Law of 1996; and be it further".

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

Rep. Birkholz demanded the yeas and nays.

The demand was supported.

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

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

Roll Call No. 1232 Yeas--46

Allen Godchaux Lemmons Scranton

Anderson Gosselin Mans Shackleton

Basham Hager Middaugh Stamas

Birkholz Hart Mortimer Stewart

Bishop Hummel Murphy Van Woerkom

Bradstreet Jansen Neumann Vander Roest

Brown, C. Jelinek Newell Vander Veen

Callahan Johnson, Ruth Pappageorge Vear

Cassis Koetje Pestka Voorhees

DeWeese Kooiman Pumford Wojno

George Kuipers Raczkowski Woronchak

Gieleghem LaSata

Nays--50

Adamini Garza Mead Schermesser

Bernero Hale Meyer Sheltrown

Bisbee Hansen O'Neil Shulman

Bogardus Hardman Palmer Spade

Bovin Howell Patterson Stallworth

Brown, R. Jacobs Phillips Switalski

Caul Jamnick Plakas Tabor

Daniels Johnson, Rick Quarles Thomas

Dennis Julian Richardville Waters

DeRossett Kolb Richner Whitmer

DeVuyst Lipsey Rison Williams

Drolet Lockwood Rocca Zelenko

Durhal McConico

In The Chair: Julian

Rep. Vander Veen moved to amend the resolution as follows:

1. Amend page 1, following the first Resolving clause, by inserting:

"Resolved, That a provision of the compact requires an annual report by the gaming facility of the number of customers, number of violent incidences at the facility, and the number of reports of domestic violence as a result of gambling; and be it further".

The motion did not prevail and the amendment was not adopted, a majority of the members present not voting therefor.

Rep. Scranton moved to amend the resolution as follows:

1. Amend the resolution, following the first Resolving clause, by inserting:

"Resolved, That this resolution does not take effect unless all of the following bills of the 91st Legislature are enacted into law:

(a) House Bill No. 5284.

(b) House Bill No. 5286.

(c) House Bill No. 5287.

(d) House Bill No. 5288.

(e) House Bill No. 5289.

(f) House Bill No. 6520; and be it further".

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

Rep. Scranton demanded the yeas and nays.

The demand was supported.

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

Point of Order

Rep. DeVuyst requested a ruling from the Chair regarding the germaneness of the amendment.

The Chair ruled that the amendment is not germane.

Rep. Scranton appealed the decision of the Chair.

The question being, "Shall the judgment of the Chair stand as the judgment of the House?"

The judgment of the Chair stood as the judgment of the House, a majority of the members present and voting, voting therefor, by yeas and nays, as follows:

Roll Call No. 1233 Yeas--47

Adamini Garza Mead Stewart

Allen Gieleghem Newell Thomas

Bernero Hardman O'Neil Van Woerkom

Bisbee Howell Palmer Vander Roest

Bishop Hummel Pappageorge Vear

Caul Jamnick Patterson Voorhees

Daniels Johnson, Ruth Pestka Waters

Dennis Julian Richner Williams

DeVuyst Kolb Rocca Wojno

DeWeese LaSata Schermesser Woodward

Drolet Lipsey Shackleton Woronchak

Ehardt McConico Spade

Nays--24

Bradstreet Hart Kuipers Quarles

Brown, C. Jacobs Lemmons Raczkowski

Callahan Jansen Mans Reeves

Frank Jelinek Middaugh Scranton

Godchaux Koetje Minore Sheltrown

Hansen Kooiman Pumford Switalski

In The Chair: Julian

Rep. Kuipers moved to amend the resolution as follows:

1. Amend the title, line 3, after "Michigan" by inserting "with certain conditions".

2. Amend the resolution, following the first Resolving clause, by inserting:

"Resolved, That we urge the Governor to incorporate in the compact the requirement that ratification of the compact is contingent upon a majority approval vote by the registered voters in the local unit of government in which the casino will be located; and be it further".

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

Rep. Jelinek demanded the yeas and nays.

The demand was supported.

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

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

Roll Call No. 1234 Yeas--38

Anderson Hart Middaugh Stamas

Birkholz Jansen Murphy Stewart

Bishop Jelinek Neumann Van Woerkom

Brown, C. Johnson, Ruth Newell Vander Roest

Cassis Koetje Pestka Vander Veen

DeWeese Kooiman Pumford Vear

George Kuipers Raczkowski Voorhees

Godchaux LaSata Scranton Wojno

Gosselin Lockwood Shackleton Woronchak

Hager Mans

Nays--55

Adamini Durhal Lipsey Rocca

Allen Garza McConico Schermesser

Basham Gieleghem Mead Sheltrown

Bernero Hale Meyer Spade

Bisbee Hansen O'Neil Stallworth

Brown, R. Hardman Palmer Switalski

Callahan Howell Pappageorge Tabor

Caul Hummel Patterson Thomas

Clark, I. Jacobs Phillips Waters

Daniels Jamnick Plakas Whitmer

Dennis Johnson, Rick Quarles Williams

DeRossett Julian Richardville Woodward

DeVuyst Kolb Richner Zelenko

Drolet Lemmons Rison

In The Chair: Julian

Rep. Vander Veen moved to amend the resolution as follows:

1. Amend the resolution, following the first Resolving clause, by inserting:

"Resolved, That the tribe waives sovereign immunity and consents to any and all lawsuits, causes of action, or claims by any person that may be brought in the courts of the State of Michigan arising out of the ownership, operation or conduct of gaming activities authorized by this compact; and be it further

Resolved, That the tribe consents to regulation, inspection and licensing of all persons involved in the gaming activity permitted by this compact. Such licensing and regulation shall be subject to the standards of the Michigan Gaming Control and Revenue Act. MCL 432.201, et seq., as though the activity took place in the City of Detroit; and be it further

Resolved, That the land, buildings and operation of the gaming activity authorized under this compact shall be subject to all of the laws of the State of Michigan and the ordinances of the local unit of government in which the casino operates as though the land were not held in trust by the federal government; and be it further".

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

Rep. Vander Veen demanded the yeas and nays.

The demand was supported.

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

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

Roll Call No. 1235 Yeas--31

Allen Gilbert Kooiman Shackleton

Birkholz Gosselin Kuipers Stamas

Bishop Hager LaSata Stewart

Bradstreet Hart Middaugh Vander Roest

Brown, C. Jansen Newell Vander Veen

Cassis Jelinek Pumford Vear

DeWeese Johnson, Ruth Raczkowski Voorhees

George Koetje Scranton

Nays--63

Adamini Durhal Mead Schermesser

Anderson Gieleghem Meyer Sheltrown

Basham Hale O'Neil Shulman

Bernero Hansen Palmer Spade

Bisbee Hardman Pappageorge Switalski

Bovin Howell Patterson Tabor

Brown, R. Hummel Pestka Thomas

Callahan Jamnick Phillips Van Woerkom

Caul Johnson, Rick Plakas Waters

Clark, I. Julian Quarles Whitmer

Clarke, H. Kolb Reeves Williams

Daniels Lemmons Richardville Wojno

Dennis Lipsey Richner Woodward

DeRossett Lockwood Rivet Woronchak

DeVuyst Mans Rocca Zelenko

Drolet McConico Schauer

In The Chair: Julian

Rep. Birkholz moved to amend the bill as follows:

1. Amend the resolution, following the first Resolving clause, by inserting:

"Resolved, That the compact must include a provision to require that investors of the tribal casino must be subject to the same provisions that apply to investors under the Michigan Gaming Control and Revenue Act, the Initiated Law of 1996; and be it further".

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

Rep. Birkholz demanded the yeas and nays.

The demand was supported.

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

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

Roll Call No. 1236 Yeas--43

Adamini George LaSata Shackleton

Allen Gieleghem Lemmons Stamas

Anderson Gosselin Meyer Stewart

Basham Hager Middaugh Van Woerkom

Birkholz Hart Neumann Vander Roest

Bishop Hummel Newell Vander Veen

Bradstreet Jansen Pestka Vear

Brown, C. Jelinek Pumford Voorhees

Cassis Johnson, Ruth Reeves Wojno

DeWeese Kooiman Schauer Woodward

Frank Kuipers Scranton

Nays--52

Bernero Durhal Mead Schermesser

Bisbee Gilbert O'Neil Sheltrown

Bovin Hale Palmer Shulman

Brown, R. Hansen Pappageorge Spade

Callahan Howell Patterson Stallworth

Caul Jacobs Phillips Switalski

Clark, I. Jamnick Plakas Tabor

Clarke, H. Johnson, Rick Quarles Thomas

Daniels Julian Richardville Waters

Dennis Kolb Richner Whitmer

DeRossett Lipsey Rison Williams

DeVuyst Lockwood Rivet Woronchak

Drolet McConico Rocca Zelenko

In The Chair: Julian

The question being on the adoption of the resolution,

Rep. Gosselin demanded the yeas and nays.

The demand was supported.

The question being on the adoption of the resolution,

The resolution was adopted, a majority of the members present voting therefor, by yeas and nays, as follows:

Roll Call No. 1237 Yeas--58

Anderson Ehardt Lockwood Schermesser

Bernero Garza McConico Sheltrown

Bisbee Gieleghem Mead Shulman

Bogardus Gilbert Minore Spade

Bovin Hale O'Neil Stallworth

Brown, R. Hansen Patterson Switalski

Callahan Hardman Phillips Tabor

Caul Howell Plakas Thomas

Clark, I. Jacobs Quarles Waters

Clarke, H. Jamnick Richardville Whitmer

Daniels Johnson, Rick Richner Williams

Dennis Julian Rison Wojno

DeVuyst Kolb Rivet Woodward

Drolet Lemmons Rocca Zelenko

Durhal Lipsey

Nays--47

Allen Gosselin Meyer Schauer

Basham Hager Middaugh Scranton

Birkholz Hart Mortimer Shackleton

Bishop Hummel Murphy Stamas

Bradstreet Jansen Neumann Stewart

Brown, C. Jelinek Newell Van Woerkom

Cassis Johnson, Ruth Palmer Vander Roest

DeRossett Koetje Pappageorge Vander Veen

DeWeese Kooiman Pestka Vear

Frank Kuipers Pumford Voorhees

George LaSata Raczkowski Woronchak

Godchaux Mans Reeves

In The Chair: Julian

Notices

I hereby give notice that on the next legislative session day I will move to reconsider the vote by which the House adopted House Resolution No. 606.

Rep. DeVuyst

______

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

The motion prevailed.

Rep. Richardville moved that when the House adjourns today it stand adjourned until Wednesday, December 11, at 12:00 Noon.

The motion prevailed.

By unanimous consent the House returned to the order of

Reports of Standing Committees

The Committee on Health Policy, by Rep. Ehardt, Chair, reported

House Resolution No. 597.

A resolution to memorialize the Congress of the United States to enact the President's proposed expansion of Medicare to include prescription drug coverage.

(For text of resolution, see House Journal No. 70, p. 2814.)

With the recommendation that the following substitute (H-1) be adopted and that the resolution then be adopted.

Substitute for House Resolution No. 597.

A resolution to memorialize the Congress of the United States to expand Medicare to include a prescription pharmaceutical plan for low-income seniors.

Whereas, As the costs of medicine rise and as more seniors face great difficulties in paying for prescription medications, there is a genuine need to expand the coverages provided under Medicare. For an increasing number of our older citizens, the choice between spending limited financial resources on food or medicine creates a strain that can in itself be damaging to a person's health and well-being; and

Whereas, Beyond the financial considerations of proposals to offer a prescription drug plan under Medicare, implementing a program will elevate the level of health care for many people. Clearly, this will benefit not only the seniors who participate, but their families as well; and

Whereas, It is significant to note that, even as our country faces the expensive task of fighting terrorism and even as we battle recession, the issue of low-income seniors needing prescription drug coverage remains critical. For those who face the painful realities of being unable to pay for vitally needed medication, this is a crisis of its own; now, therefore, be it

Resolved by the House of Representatives, That we memorialize the Congress of the United States to expand Medicare to include a prescription pharmaceutical plan for low-income seniors; and be it further

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

The Speaker announced that under Rule 77 the resolution would lie over one day.

Favorable Roll Call

HR 597 To Report Out:

Yeas: Reps. Raczkowski, Bradstreet, George, Rocca, Vander Veen, Neumann, Adamini, Hardman, Schauer, Williams,

Nays: None.

The Committee on Health Policy, by Rep. Ehardt, Chair, reported

House Resolution No. 598.

A resolution to encourage the Commissioner of the Office of Financial and Insurance Services to create a work group to establish guidelines for the processing of insurance payments for ambulance services.

(For text of resolution, see House Journal No. 70, p. 2814.)

With the recommendation that the resolution be adopted.

The Speaker announced that under Rule 77 the resolution would lie over one day.

Favorable Roll Call

HR 598 To Report Out:

Yeas: Reps. Raczkowski, Bradstreet, George, Rocca, Vander Veen, Adamini, Schauer, Williams,

Nays: None.

The Committee on Health Policy, by Rep. Ehardt, Chair, reported

House Resolution No. 599.

A resolution to encourage the Department of Community Health to maintain its highest priorities as primary care, prevention, and public health.

(For text of resolution, see House Journal No. 70, p. 2815.)

With the recommendation that the resolution be adopted.

The Speaker announced that under Rule 77 the resolution would lie over one day.

Favorable Roll Call

HR 599 To Report Out:

Yeas: Reps. Raczkowski, Bradstreet, George, Rocca, Vander Veen, Adamini, Schauer, Williams,

Nays: None.

The Committee on Health Policy, by Rep. Ehardt, Chair, reported

House Resolution No. 600.

A resolution to urge the Department of Community Health to pursue additional funding from the federal government to expand Michigan's prescription drug program for seniors.

(For text of resolution, see House Journal No. 70, p. 2815.)

With the recommendation that the resolution be adopted.

The Speaker announced that under Rule 77 the resolution would lie over one day.

Favorable Roll Call

HR 600 To Report Out:

Yeas: Reps. Raczkowski, Bradstreet, George, Rocca, Vander Veen, Adamini, Schauer, Williams,

Nays: None.

The Committee on Health Policy, by Rep. Ehardt, Chair, reported

House Resolution No. 601.

A resolution to memorialize Congress to enact legislation to provide that taxpayers can deduct fully the cost of their health insurance premiums.

(For text of resolution, see House Journal No. 70, p. 2815.)

With the recommendation that the resolution be adopted.

The Speaker announced that under Rule 77 the resolution would lie over one day.

Favorable Roll Call

HR 601 To Report Out:

Yeas: Reps. Raczkowski, Bradstreet, George, Ruth Johnson, Rocca, Vander Veen, Schauer, Williams,

Nays: None.

The Committee on Health Policy, by Rep. Ehardt, Chair, reported

House Resolution No. 602.

A resolution to memorialize the Congress of the United States to enact legislation to remove the "use it or lose it" restrictions on flexible spending accounts to permit participants to roll over unused funds to the next year.

(For text of resolution, see House Journal No. 70, p. 2816.)

With the recommendation that the resolution be adopted.

The Speaker announced that under Rule 77 the resolution would lie over one day.

Favorable Roll Call

HR 602 To Report Out:

Yeas: Reps. Raczkowski, Bradstreet, George, Ruth Johnson, Rocca, Scranton, Vander Veen, Schauer,

Nays: None.

The Committee on Health Policy, by Rep. Ehardt, Chair, reported

House Resolution No. 603.

A resolution to memorialize the Congress of the United States to enact legislation to provide more flexibility for participants in Medical care spending accounts.

(For text of resolution, see House Journal No. 70, p. 2816.)

With the recommendation that the following substitute (H-1) be adopted and that the resolution then be adopted.

Substitute for House Resolution No. 603.

A resolution to memorialize the Congress of the United States to enact legislation to provide more flexibility and increase the number of participants in medical savings accounts.

Whereas, Medical savings accounts are an effective tool for people to use to prepare for medical expenses, minimize overall costs, and help individuals and families dealing with the increasing costs of health care; and

Whereas, All measures that encourage people to plan for medical expenses also bring benefits through the increased number of people seeking and paying for medical services without relying on governmental programs. For participants, medical savings accounts can bring significant savings, especially since major health care expenses are often unforeseen; and

Whereas, While medical savings accounts have been helpful to some American families, there is much more that could be done to increase the rate of participation. The nature of medical expenses argues strongly for increased flexibility to meet unforeseen health costs. With the ever-increasing cost of medical services, every effort should be made to enable participation in medical savings accounts by removing the barriers and restrictions that prevent more people from taking advantage of this idea; now, therefore, be it

Resolved by the House of Representatives, That we memorialize the Congress of the United States to enact legislation to provide more flexibility and increase the number of participants in medical savings accounts; and be it further

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

The Speaker announced that under Rule 77 the resolution would lie over one day.

Favorable Roll Call

HR 603 To Report Out:

Yeas: Reps. Raczkowski, Bradstreet, George, Ruth Johnson, Rocca, Neumann, Adamini, Garza, Schauer, Williams,

Nays: None.

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Tuesday, December 10, 2002, at 9:00 a.m.,

Present: Reps. Ehardt, Raczkowski, Bradstreet, George, Ruth Johnson, Rocca, Scranton, Vander Veen, Woronchak, Neumann, Adamini, Garza, Hardman, Schauer, Williams.

The Committee on Tax Policy, by Rep. Cassis, Chair, reported

Senate Bill No. 1203, entitled

A bill to amend 1893 PA 206, entitled "The general property tax act," by amending section 27 (MCL 211.27), as amended by 1994 PA 415.

Without amendment and with the recommendation that the bill pass.

The bill was referred to the order of Second Reading of Bills.

Favorable Roll Call

SB 1203 To Report Out:

Yeas: Reps. Cassis, Vear, Drolet, Gosselin, Kowall, Meyer, Newell, Richardville, Woronchak, Minore, O'Neil,

Nays: None.

The Committee on Tax Policy, by Rep. Cassis, Chair, reported

Senate Bill No. 1353, entitled

A bill to amend 1967 PA 281, entitled "Income tax act of 1967," (MCL 206.1 to 206.532) by adding section 438.

With the recommendation that the substitute (H-1) be adopted and that the bill then pass.

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

Favorable Roll Call

SB 1353 To Report Out:

Yeas: Reps. Cassis, Vear, Birkholz, Drolet, Gosselin, Kowall, Meyer, Newell, Richardville, Woronchak, Minore, O'Neil,

Nays: None.

The Committee on Tax Policy, by Rep. Cassis, Chair, reported

Senate Bill No. 1422, entitled

A bill to amend 1975 PA 228, entitled "Single business tax act," by amending section 7 (MCL 208.7), as amended by 2001 PA 229.

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

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

Favorable Roll Call

SB 1422 To Report Out:

Yeas: Reps. Cassis, Vear, Birkholz, Drolet, Gosselin, Kowall, Meyer, Newell, Richardville, Woronchak, Minore, O'Neil,

Nays: None.

The Committee on Tax Policy, by Rep. Cassis, Chair, reported

Senate Bill No. 1519, entitled

A bill to amend 1992 PA 147, entitled "Neighborhood enterprise zone act," by amending section 4 (MCL 207.774), as amended by 2001 PA 93.

Without amendment and with the recommendation that the bill pass.

The bill was referred to the order of Second Reading of Bills.

Favorable Roll Call

SB 1519 To Report Out:

Yeas: Reps. Cassis, Vear, Birkholz, Drolet, Gosselin, Kowall, Meyer, Newell, Richardville, Minore, O'Neil,

Nays: None.

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Tuesday, December 10, 2002, at 9:00 a.m.,

Present: Reps. Cassis, Vear, Birkholz, Drolet, Gosselin, Kowall, Meyer, Newell, Richardville, Woronchak, Minore, O'Neil,

Absent: Reps. Quarles, Basham, Bob Brown, Hale, Wojno.

Notices

I hereby give notice that on the next legislative session day I will move to discharge the Committee on Criminal Justice from further consideration of Senate Bill No. 1013.

Rep. Kowall

By unanimous consent the House returned to the order of

Motions and Resolutions

Reps. Clarke, Jamnick, Gieleghem, Switalski, Hansen, Rich Brown, Spade, Kolb, Lipsey, Thomas, Zelenko, Schauer, Hale, Murphy, Minore, Lemmons, Neumann, Wojno, DeWeese, DeRossett, McConico and Pappageorge offered the following resolution:

House Resolution No. 628.

A resolution honoring Naveed V. Syed.

Whereas, Naveed V. Syed is a dedicated social worker with a masters degree in social work. He has worked as a mental health counselor for the Michigan Homeless Shelter and the Coalition on Temporary Shelter (COTS). He has also performed services for other psychiatric centers within the city of Detroit as a psychiatric social worker; and

Whereas, Naveed V. Syed understood the need for a comprehensive substance abuse and mental health program and established Quality Behavioral Health, Inc., (QBH) in 1995. QBH started with two staff members and it currently employs 80 people. It has grown from a one-room outpatient program serving the men and women from the city of Detroit and Southeastern Michigan to a 100-bed residential outpatient facility providing sub-acute detoxification and outpatient services; and

Whereas, Due to Naveed's leadership and demonstrated ability, many contracts for services have been awarded to QBH from the city of Detroit's Health Department-Bureau of Substance Abuse, Washtenaw and Livingston Counties, Southeast Michigan Community Agency(SEMCA), Value Options, Magellan Behavioral Health, and other managed care companies; now, therefore, be it

Resolved by the House of Representatives, That the members of this legislative body honor Naveed V. Syed.

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, Jamnick, Gieleghem, Switalski, Hansen, Rich Brown, Spade, Kolb, Lipsey, Thomas, Zelenko, Schauer, Hale, Murphy, Minore, Quarles, Neumann, Wojno, Shulman, DeWeese, Vander Roest, DeRossett, McConico and Pappageorge offered the following resolution:

House Resolution No. 629.

A resolution honoring Dr. Terry L. Truvillion for her excellence and dedicated efforts in the important field of education.

Whereas, It is a pleasure to offer our thanks to this multitalented professional who, as principal of Ronald McNair Technical Middle School, grapples every day with the problems that beset students and sees that every child she encounters learns the life and job skills which bring hope and success to their future. With the record that this talented and energetic principal and teacher has compiled over the years, this is a most fitting symbol of excellence in an endeavor of great importance to every citizen, business, and institution in this state; and

Whereas, Dr. Terry L. Truvillion has a long and respected history in the Detroit Public Schools. From 1980 to 1989, she was a math teacher at Nolan Middle School and coordinated educational programs for elementary through high school students, taught multiethnic classes, promoted educational achievement to an average of 150 students per day, and interacted with parents and administrative staff for common goals. As the administrative unit head at Foch Middle School from 1989 to 1994, Dr. Truvillion supervised 25 teachers of math, science, physical education, health, art, music, and industrial arts. She also evaluated the staff, initiated staff development, assisted with student discipline, assisted with local community organizations, and coordinated "Operation Graduation," a dropout prevention program. Serving as summer school principal at Foch Middle School in 1993, she supervised seven teachers and 100 students, as well as developed a site-based management curriculum for math, reading, and science. She was an assistant principal at Damon J. Keith Elementary School from 1994 to 1997 and taught Introduction to Education to prospective teachers at Wayne County Community College from 1998 to 1999; and

Whereas, As principal of Ronald McNair Technical Middle School, Dr. Terry L. Truvillion has drawn on all of her years of experience and innovation to make the school a place where students find knowledge and nurturing. One of her methods was to create, with teachers Lacetia Walker and Vanessa Dawson, a program called "Pioneers of Excellence," which addresses the needs of children who fell behind in elementary school and helps them to successfully complete middle school and high school. Every Thanksgiving Day, Dr. Truvillion and her volunteer students feed the homeless. This lesson in love and caring is typical of the ways in which Dr. Truvillion does not feel her duty to the community ends at the schoolhouse doors. For example, she maintains several worthwhile health programs through St. John's Hospital and has been a strong voice in urging Wayne County and the DPS to tear down abandoned houses in the city of Detroit; and

Whereas, Dr. Terry L. Truvillion is being singled out for her efforts in several areas. In addition to specific innovations in the classroom, study units, and programs, she is being honored for her success in motivating young people. We applaud the dedication she has consistently displayed and offer our thanks for the manner in which both students and other educators benefit from all of her hard work; now, therefore, be it

Resolved by the House of Representatives, That the members of this legislative body honor Dr. Terry L. Truvillion for her excellence and dedicated efforts in the important field of education; and be it further

Resolved, That a copy of this resolution be transmitted to Dr. Terry L. Truvillion as a token of our respect for her fine work.

Pending the reference of the resolution to a committee,

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

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

The question being on the adoption of the resolution,

The resolution was adopted.

Reps. Lemmons, Jamnick, Gieleghem, Switalski, Hansen, Rich Brown, Spade, Kolb, Lipsey, Thomas, Zelenko, Schauer, Hale, Murphy, Minore, Quarles, Neumann, Wojno, Shulman, DeWeese, Vander Roest, DeRossett, McConico and Pappageorge offered the following resolution:

House Resolution No. 630.

A resolution honoring Jay C. Juergensen in acknowledgment of his many outstanding years in public service.

Whereas, It is with deep appreciation for the hard work, dedication, and professionalism that Jay C. Juergensen has put forth on behalf of the people of the city of Detroit that we offer this expression of our thanks and best wishes. Mr. Juergensen has an academic background which includes a joint Master of Architecture and Master of Business Administration from the University of Michigan, which has allowed him to excel in his leadership of numerous professional and community ventures; and

Whereas, Jay C. Juergensen has held management positions with Thomas S. Monoghan, Inc., Merrill Lynch Capital Markets, and Amerivest Properties, Inc. In 1996, Mr. Juergensen was Assistant General Manager of the Modernization and Development Division of the Detroit Housing Commission, during which he oversaw an unprecedented $400 million investment in city-wide public housing; and

Whereas, His company, Juergensen and Associates, provides policy, planning, and project expertise for community and economic development initiatives. Juergensen and Associates has assisted the state of Michigan with the disposition of several thousand tax reverted properties in Detroit, Highland Park, and Hamtramck. Mr. Juergensen also founded JC Housing, Inc., which renovates older or historically significant structures in the city of Detroit, preserving a proud city's past. As a principal in Fox Creek Properties, he is currently engaged in a $350,000 renovation of six affordable housing units on Detroit's eastside; and

Whereas, Mr. Juergensen also gives lectures and serves as a faculty member in universities, sharing his knowledge of local history, community, and economic development. He has been a past president and former board member of the Jefferson East Business Association, a member of the city of Detroit City Planning Commission's Zoning Advisory Group, chair of the Detroit Eastside Community Collaborative, a cluster board member for Detroit's Community Reinvestment Strategy, and a member of the Eastside Industrial Council In-Place Industrial Park Task Force. Jay C. Juergensen is the co-chair of Michigan's Rehabilitation Code Committee, which was developed to create an alternative building code for the renovation of existing buildings; and

Whereas, There can be little doubt that the record of Jay C. Juergensen will continue to reap rewards for the people of the city of Detroit. We offer our thanks on these personal milestones; now, therefore, be it

Resolved by the House of Representatives, That the members of this legislative body honor Jay C. Juergensen in acknowledgment of his many outstanding years in public service; and be it further

Resolved, That a copy of this resolution be transmitted to Jay C. Juergensen 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. Lemmons, Jamnick, Gieleghem, Switalski, Hansen, Rich Brown, Spade, Kolb, Lipsey, Thomas, Zelenko, Schauer, Hale, Murphy, Minore, Quarles, Neumann, Wojno, Shulman, DeWeese, DeRossett, McConico and Pappageorge offered the following resolution:

House Resolution No. 631.

A resolution honoring Julia Minchella upon the occasion of her 80th birthday.

Whereas, It is a genuine pleasure to extend special greetings to Julia Minchella upon the occasion of her 80th birthday. We are grateful for this opportunity to join with the family and many friends of Julia Minchella to honor an individual who truly understands the beauty of life in its challenges and triumphs; and

Whereas, Born on October 22, 1922, Julia Minchella grew up in a world quite different in many ways from the one we know today. In the span of her lifetime, tremendous cultural, sociological, and technological changes have transpired in Michigan and elsewhere. Julia Minchella has lived and tasted life throughout this period and it has given her insight, experience, and wisdom few of us can fully appreciate; and

Whereas, Long ago, Charles Dickens made an observation on aging that often seems applicable to people like Julia Minchella, who have contributed a great deal to life around them. He said, "Father Time is not always a hard parent, and, though he tarries for none of his children, he often lays his hand lightly on those who have used him well." Surely, Julia Minchella breathes great meaning into this thought. She was the loving wife of the late Ernesto Minchella. She waited up to cook for him when he came home from work after midnight and cared for him in his illness. Julia Minchella is a loving mother to Carmen, supporting him, encouraging him, and patiently putting up with his tendency to fill the house with books and gadgets. She is greatly appreciated; now, therefore, be it

Resolved by the House of Representatives, That the members of this legislative body honor Julia Minchella upon the occasion of her 80th birthday. May the health and happiness her years so richly merit be with her always; and be it further

Resolved, That a copy of this resolution be transmitted to Julia Minchella 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. Lemmons, Jamnick, Gieleghem, Switalski, Hansen, Rich Brown, Spade, Kolb, Lipsey, Thomas, Zelenko, Schauer, Hale, Murphy, Minore, Quarles, Neumann, Wojno, Shulman, DeWeese, Vander Roest, DeRossett, McConico and Pappageorge offered the following resolution:

House Resolution No. 632.

A resolution saluting Inspector Hyland Gear as this devoted law enforcement professional is honored for all of his good works and service to the city of Detroit.

Whereas, In grateful recognition of Inspector Hyland Gear's loyal service for protecting and defending the people of the city of Detroit, we offer our congratulations and thanks on this well-deserved acknowledgment of excellence. Many people benefit from the hard work and sacrifices of this outstanding law enforcement officer; and

Whereas, Few professions hold more responsibility and danger than police work. The most routine and seemingly innocent situation can quickly become a moment of terror. Each day, on each shift, the men and women who protect us cope with this pressure while maintaining the perspective that most people are law abiding and most hold great respect for them; and

Whereas, We appreciate all that Inspector Hyland Gear has endured and contributed over the course of his career. His professionalism is best appreciated by his fellow officers, who also draw strength from the high standards he sets and shares with the entire City of Detroit Police Department. A retired police officer from the state of New York, Inspector Hyland Gear continues to use his expertise, dedication, and concern for others as a volunteer at the 9th Precinct Mini-Station. This tireless professional is a family man and a friend to all whose lives he has touched; now, therefore, be it

Resolved by the House of Representatives, That members of this legislative body salute Inspector Hyland Gear as this devoted law enforcement professional is honored for all of his good works and service to the city of Detroit. May he, his loved ones, and friends always enjoy the security that he has devoted his life to providing for others; and be it further

Resolved, That a copy of this resolution be transmitted to Inspector Hyland Gear as evidence of our high regard.

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, Jamnick, Gieleghem, Switalski, Hansen, Rich Brown, Spade, Kolb, Lipsey, Thomas, Zelenko, Schauer, Hale, Murphy, Minore, Quarles, Neumann, Wojno, Shulman, DeWeese, Vander Roest, DeRossett, McConico and Pappageorge offered the following resolution:

House Resolution No. 633.

A resolution saluting Diane LaBach in acknowledgment of her loyal service in working for the betterment of the people of the city of Detroit.

Whereas, It is with deep appreciation for the hard work, dedication, and professionalism that Diane LaBach has put forth on behalf of the people of the city of Detroit that we offer this expression of our thanks and best wishes; and

Whereas, The increasing presence of drugs and violence in our society has served to make community defense a difficult task in recent years. Diane LaBach has never backed down from this stress-inducing work and has been a community activist since the early 1980s; and

Whereas, Diane has been the President of DARE. for many years. She has also served her community as a board member of the 5th Precinct, as well as a past-President and board member of the 9th Precinct. She is a board member of CRAC and a member of the Capitol Building Patrol; and

Whereas, Ms. LaBach was also a volunteer helping the city of Detroit to track how many of its residents were homeowners and how many were renters. She has been the organizer of her community block club and neighborhood snow removal, providing much needed services in these hard times. She is the beloved spouse of Gary LaBach and the proud mother of Laura, David, and Danny. She supports, and is a member of, the parents' clubs of St. Peter and Notre Dame High Schools. Diane LaBach also worked on the committee to organize the Family Fun Day Picnics at Chandler Park which enriches the community; and

Whereas, There can be little doubt that the record of Diane LaBach in her work as community activist over the past years will continue to reap rewards for the people of the city of Detroit. We offer our thanks on this personal milestone; now, therefore, be it

Resolved by the House of Representatives, That the members of this legislative body salute Diane LaBach in acknowledgment of her loyal service in working for the betterment of the people of the city of Detroit; and be it further

Resolved, That a copy of this resolution be transmitted to Diane LaBach 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.

The Speaker, on behalf of the entire membership of the House of Representatives, offered the following concurrent resolution:

House Concurrent Resolution No. 84.

A concurrent resolution honoring James K. Haveman, Jr., Director of the Michigan Department of Community Health

Whereas, James K. Haveman, Jr., was appointed by Governor John Engler as Director of the Michigan Department of Community Health when it was created by an Executive Order in 1996 and was appointed Director of the Michigan Department of Mental Health by Governor Engler effective on January 1, 1991; and

Whereas, James K. Haveman, Jr., is a long-time health-care executive for the state of Michigan and with a fiscal year 2003 gross appropriation of $9.2 billion and approximately 4,889 employees, the Michigan Department of Community Health is responsible for health policy and management of Michigan's publicly funded health systems. Services are planned and delivered through six integrated components; and

Whereas, The Medical Services Administration provides Medicaid health care coverage for 1.1 million Michigan residents. Mental health and substance abuse services are provided through contracts with 49 community mental health boards and 15 substance abuse coordinating agencies throughout Michigan; and

Whereas, The Community Public Health Agency contracts with 45 local public health departments that assess health needs, promote and protect health, prevent disease, and assure access to appropriate care for all citizens; and

Whereas, The Office of Drug Control Policy administers federal funds in Michigan for drug law enforcement, treatment, education, and prevention programs; and

Whereas, The Office of Services to the Aging promotes independence and enhances the dignity of Michigan's older persons and their families through advocacy, leadership, and innovation in policies, programs and services; and

Whereas, The Michigan Crime Victim Services Commission administers the crime victim rights fund, investigates and processes applications for crime victim compensation, and administers federal Victim of Crime Act grants; and

Whereas, Nominated by Governor John Engler, James K. Haveman, Jr., received the National Governors' Association Distinguished Service award in 1997. Congratulating him on the award, Governor Engler said Haveman's commitment to public service is distinguished by his willingness to embrace change and his unwillingness to accept mediocrity. "More than anything," said Engler, "he is a problem solver, a public servant who quickly responds to challenges with creativity, compassion, and insight."; and

Whereas, In May of 2000, James Haveman received the Distinguished Alumni Award from Calvin College. The award honors Calvin alumni who have made a significant contribution in their field and who are recognized by peers for outstanding achievement. James Haveman served from 1985 to 1990 as Executive Director of the Grand Rapids based Bethany Christian Services, one of the nation's largest adoption and child welfare agencies. Prior to his work at Bethany, he was Executive Director of the Kent County Community Mental Health in Grand Rapids from 1978 to 1985. From 1971 until 1978, James Haveman was the Executive Director of Project REHAB in Grand Rapids, a substance abuse treatment agency with several programs throughout Michigan. A social worker by training, Mr. Haveman is a 1966 graduate of Calvin College. He earned his master's degree in social work from Michigan State University; now, therefore, be it

Resolved by the House of Representatives (the Senate concurring), That the members of this legislative body honor James K. Haveman, Jr., Director, Michigan Department of Community Health; and be it further

Resolved, That a copy of this resolution be transmitted to James K. Haveman, Jr., as a token of our admiration for all his work.

Pending the reference of the concurrent resolution to a committee,

Rep. Patterson moved that Rule 77 be suspended and the concurrent 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 concurrent resolution,

The concurrent resolution was adopted.

______

Rep. Richner moved that the House adjourn.

The motion prevailed, the time being 6:10 p.m.

Associate Speaker Pro Tempore Julian declared the House adjourned until Wednesday, December 11, at 12:00 Noon.

GARY L. RANDALL

Clerk of the House of Representatives.