No. 11

STATE OF MICHIGAN

JOURNAL

OF THE

House of Representatives

91st Legislature


REGULAR SESSION OF 2001


House Chamber, Lansing, Wednesday, February 21, 2001.

 

2:00 p.m.

 

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

 

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

 

 

Adamini--present

Allen--present

Anderson--present

Basham--present

Bernero--present

Birkholz--present

Bisbee--present

Bishop--present

Bogardus--present

Bovin--present

Bradstreet--present

Brown, Bob--present

Brown, Cameron--present

Brown, Rich--present

Callahan--present

Cassis--present

Caul--present

Clark--present

Clarke--present

Daniels--excused

Dennis--present

DeRossett--present

DeVuyst--present

DeWeese--present

Ehardt--present

Faunce--present

Frank--present

Garcia--present

Garza--present

George--present

Gieleghem--present

Gilbert--present

Godchaux--present

Gosselin--present

Hager--present

Hale--present

Hansen--present

Hardman--present

Hart--present

Howell--present

Jacobs--present

Jamnick--present

Jansen--present

Jelinek--present

Johnson, Rick--present

Johnson, Ruth--present

Julian--present

Kilpatrick--present

Koetje--present

Kolb--present

Kooiman--present

Kowall--present

Kuipers--present

LaSata--present

Lemmons--present

Lipsey--present

Lockwood--present

Mans--present

McConico--present

Mead--present

Meyer--present

Middaugh--present

Minore--present

Mortimer--present

Murphy--present

Neumann--present

Newell--present

O'Neil--present

Pappageorge--present

Patterson--present

Pestka--present

Phillips--present

Plakas--present

Pumford--present

Quarles--present

Raczkowski--present

Reeves--present

Richardville--present

Richner--present

Rison--present

Rivet--present

Rocca--present

Sanborn--present

Schauer--present

Schermesser--present

Scranton--present

Shackleton--present

Sheltrown--present

Shulman--present

Spade--present

Stallworth--present

Stamas--present

Stewart--present

Switalski--present

Tabor--present

Thomas--excused

Toy--present

Vander Roest--present

Vander Veen--present

Van Woerkom--present

Vear--present

Voorhees--present

Waters--present

Whitmer--present

Williams--present

Wojno--present

Woodward--present

Woronchak--present

Zelenko--present

 

 

 

e/d/s = entered during session

Rep. Ken Bradstreet, from the 105th District, offered the following invocation:

 

"Father, this afternoon we praise Your name for all the things that You have given us. We thank You for all the ways that You have blessed this great state and this great country that we are privileged to live in. We pray for wisdom as we deliberate those issues that are critical and important to the people of Michigan. We pray that we would be responsive to Your leading in our lives. In our personal lives and in our public lives, we pray that we would be an example in leadership and in character. In Jesus' name we pray these things. Amen."

 

______

 

 

Rep. Jacobs moved that Reps. Daniels and Thomas be excused from today's session.

The motion prevailed.

 

 

Reports of Standing Committees

 

 

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

House Resolution No. 33.

A resolution to memorialize the Congress of the United States to enact President Bush's tax relief plan.

(For text of resolution, see House Journal No. 10, p. 128.)

With the recommendation that the following substitute (H-2) be adopted and that the resolution then be adopted.

Substitute for House Resolution No. 33.

A resolution to memorialize the Congress of the United States to enact President Bush's tax relief plan.

Whereas, Federal taxes are the highest they have ever been during peacetime; and

Whereas, All taxpayers should be allowed to keep more of their own money; and

Whereas, The best way to encourage economic growth is to cut marginal tax rates across all tax brackets; and

Whereas, Under current law, low-income workers often pay the highest marginal rates; and

Whereas, President Bush's tax relief plan will contribute to raising the standard of living for all Americans; and

Whereas, President Bush's tax relief plan will help the less fortunate among us to climb the economic ladder toward prosperity, treat all middle class families more fairly, encourage entrepreneurship and growth, and promote charitable giving and education; and

Whereas, Under President Bush's tax relief plan, the largest percentage reductions will go to lowest-income earners; and

Whereas, The cumulative federal budget surpluses over the next ten years are expected to total $5.6 trillion, leaving $4 trillion to address the nation's other priorities, which may include protecting social security and paying down the national debt; and

Whereas, A decade of tax cutting in Michigan will have saved individuals and job providers a cumulative total of nearly $20 billion by the end of this fiscal year. These tax-cutting efforts have resulted in 10 years of unprecedented prosperity and have left Michigan ranked third in the nation in terms of job growth; now, therefore, be it

Resolved by the House of Representatives, That the members of this legislative body memorialize the Congress of the United States to enact President Bush's tax relief plan; 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 33 To Report Out:

Yeas: Reps. Cassis, Vear, Birkholz, Faunce, Gosselin, Kowall, Meyer, Newell, Richardville, Woronchak,

Nays: Rep. Minore.

 

COMMITTEE ATTENDANCE REPORT

 

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

Meeting held on: Wednesday, February 21, 2001, at 10:30 a.m.,

Present: Reps. Cassis, Vear, Birkholz, Faunce, Gosselin, Kowall, Meyer, Newell, Richardville, Woronchak, Quarles, Basham, Bob Brown, Hale, Minore, O'Neil, Wojno.

COMMITTEE ATTENDANCE REPORT

 

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

Meeting held on: Tuesday, February 20, 2001, at 3:05 p.m.,

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

 

 

COMMITTEE ATTENDANCE REPORT

 

The following report, submitted by Rep. Hart, Chair of the Committee on Family and Children Services, was received and read:

Meeting held on: Tuesday, February 20, 2001, at 3:06 p.m.,

Present: Reps. Hart, Vander Veen, DeWeese, Hager, Tabor, Murphy, Bernero, Garza, Rison.

 

 

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, February 20, 2001, at 3:10 p.m.,

Present: Reps. Howell, Richner, Bisbee, Faunce, Sanborn, Voorhees, Adamini, Lipsey, Minore, Waters,

Absent: Rep. Koetje,

Excused: Rep. Koetje.

 

 

COMMITTEE ATTENDANCE REPORT

 

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

Meeting held on: Wednesday, February 21, 2001, at 9:00 a.m.,

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

Absent: Reps. Daniels, Thomas,

Excused: Reps. Daniels, Thomas.

 

 

COMMITTEE ATTENDANCE REPORT

 

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

Meeting held on: Wednesday, February 21, 2001, at 10:30 a.m.,

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

 

 

Announcement by the Clerk of Printing and Enrollment

 

 

The Clerk announced that the following bills and joint resolution had been printed and placed upon the files of the members, Thursday, February 15:

Senate Bill Nos. 189 195 196 197 198 200 201 202 203 204 205 206 207 208 209 210 211 212 213 214 216

Senate Joint Resolution N

 

The Clerk announced that the following bills had been printed and placed upon the files of the members, Friday, February 16:

Senate Bill Nos. 215 217 218 219 220

Introduction of Bills

 

 

Reps. Gieleghem, Neumann, Bogardus, Kolb, Woodward, Waters, Lipsey, Schauer, Basham, Sheltrown, Hansen, Mans, Jamnick, Bernero, Rivet, Minore, Lockwood and Lemmons introduced

House Bill No. 4315, entitled

A bill to amend 1939 PA 280, entitled "The social welfare act," by amending sections 57 and 57f (MCL 400.57 and 400.57f), as added by 1995 PA 223.

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

 

 

Reps. Gieleghem, Neumann, Bogardus, Kolb, Lipsey, Woodward, Waters, Schauer, Basham, Hart, Sheltrown, Hansen, Mans, Pestka, Jamnick, Bernero, Rivet, Lockwood and Lemmons introduced

House Bill No. 4316, entitled

A bill to amend 1976 PA 388, entitled "Michigan campaign finance act," by amending section 47 (MCL 169.247), as amended by 1996 PA 225.

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

 

 

Reps. Gieleghem, Woodward, Waters, Kolb, Bogardus, Lipsey, Schauer, Bovin, Basham, Sheltrown, Hansen, Mans, Pestka, Jamnick, Kowall, Bernero, Rivet, Anderson, Minore, Lockwood and Lemmons introduced

House Bill No. 4317, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," (MCL 324.101 to 324.90106) by adding section 11513a.

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

 

 

Reps. Gieleghem, Neumann, Kolb, Woodward, Waters, Bogardus, Lipsey, Schauer, Basham, Sheltrown, Jamnick, Bernero, Minore, Lockwood and Lemmons introduced

House Bill No. 4318, entitled

A bill to amend 1976 PA 451, entitled "The revised school code," (MCL 380.1 to 380.1852) by adding section 1240.

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

 

 

Reps. Gieleghem, Woodward, Spade, Waters, Kolb, Bogardus, Lipsey, Schauer, Bovin, Basham, Sheltrown, Hansen, Pestka, Jamnick, Bernero, Rivet, Lockwood and Lemmons introduced

House Bill No. 4319, entitled

A bill to create a state community policing assistance program; to prescribe certain powers and duties of certain state departments and officials; to create a fund in the department of treasury; and to provide for an appropriation.

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

 

 

Reps. Gieleghem, Neumann, Kolb, Lipsey, Woodward, Waters, Bogardus, Schauer, Basham, Sheltrown, Hansen, Mans, Jamnick, Kowall, Bernero, Rivet, Minore, Lockwood and Lemmons introduced

House Bill No. 4320, entitled

A bill to amend 1976 PA 451, entitled "The revised school code," (MCL 380.1 to 380.1852) by adding section 1304.

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

 

 

Rep. Spade introduced

House Bill No. 4321, entitled

A bill to amend 1939 PA 3, entitled "An act to provide for the regulation and control of public utilities and other services affected with a public interest within this state; to provide for alternative energy suppliers; to provide for licensing; to include municipally owned utilities and other providers of energy under certain provisions of this act; to create a public service commission and to prescribe and define its powers and duties; to abolish the Michigan public utilities commission and to confer the powers and duties vested by law on the public service commission; to provide for the continuance, transfer, and completion of certain matters and proceedings; to abolish automatic adjustment clauses; to prohibit certain rate increases without notice and hearing; to qualify residential energy conservation programs permitted under state law for certain federal exemption; to create a fund; to provide for a restructuring of the manner in which energy is provided in this state; to encourage the utilization of resource recovery facilities; to prohibit certain acts and practices of providers of energy; to allow for the securitization of stranded costs; to reduce rates; to provide for appeals; to provide appropriations; to declare the effect and purpose of this act; to prescribe remedies and penalties; and to repeal acts and parts of acts," (MCL 460.1 to 460.10cc) by adding section 9.

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

 

 

Rep. Tabor introduced

House Bill No. 4322, entitled

A bill to amend 1956 PA 218, entitled "The insurance code of 1956," by amending section 3913 (MCL 500.3913), as added by 1992 PA 84.

The bill was read a first time by its title and referred to the Committee on Senior Health, Security and Retirement.

 

 

Reps. Bisbee, Bernero, Bishop, Spade and Richardville introduced

House Bill No. 4323, entitled

A bill to amend 1931 PA 328, entitled "The Michigan penal code," (MCL 750.1 to 750.568) by adding section 81c.

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

 

 

Reps. Bisbee, Bernero, Bishop, Spade and Richardville introduced

House Bill No. 4324, entitled

A bill to amend 1927 PA 175, entitled "The code of criminal procedure," by amending section 16d of chapter XVII (MCL 777.16d), as amended by 2000 PA 279.

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

 

 

Rep. Bisbee introduced

House Bill No. 4325, entitled

A bill to amend 1931 PA 328, entitled "The Michigan penal code," by amending section 451 (MCL 750.451).

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

 

 

Rep. Bisbee introduced

House Bill No. 4326, entitled

A bill to amend 1976 PA 453, entitled "Elliott-Larsen civil rights act," by amending section 103 (MCL 37.2103), as amended by 1999 PA 202.

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

 

 

Rep. Scranton introduced

House Joint Resolution I, entitled

A joint resolution proposing an amendment to the state constitution of 1963, by amending section 12 of article IV, to provide that the state officers compensation commission's determination of certain salaries and expense allowances become effective only upon approval by the legislature.

The joint resolution was read a first time by its title and referred to the Committee on House Oversight and Operations.

 

 

______

 

 

Rep. Vander Veen moved that the House adjourn.

The motion prevailed, the time being 2:50 p.m.

 

Associate Speaker Pro Tempore Julian declared the House adjourned until Thursday, February 22, at 12:00 Noon.

 

 

GARY L. RANDALL

Clerk of the House of Representatives.