hj02072t.010

No. 10

STATE OF MICHIGAN

JOURNAL

OF THE

House of Representatives

91st Legislature

REGULAR SESSION OF 2002

House Chamber, Lansing, Thursday, February 7, 2002.

12:00 Noon.

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

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

Adamini--present

Allen--present

Anderson--present

Basham--present

Bernero--present

Birkholz--present

Bisbee--present

Bishop--present

Bogardus--present

Bovin--present

Bradstreet--present

Brown, Bob--present

Brown, Cameron--present

Brown, Rich--present

Callahan--present

Cassis--present

Caul--present

Clark--present

Clarke--present

Daniels--present

Dennis--present

DeRossett--present

DeVuyst--present

DeWeese--present

Drolet--present

Ehardt--present

Faunce--present

Frank--present

Garza--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--excused

Kolb--present

Kooiman--present

Kowall--present

Kuipers--present

LaSata--present

Lemmons--present

Lipsey--present

Lockwood--present

Mans--excused

McConico--present

Mead--present

Meyer--present

Middaugh--present

Minore--present

Mortimer--present

Murphy--present

Neumann--present

Newell--present

O'Neil--present

Pappageorge--present

Patterson--present

Pestka--present

Phillips--present

Plakas--present

Pumford--present

Quarles--present

Raczkowski--present

Reeves--excused

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

Rev. Jack Spitza, Pastor of First Baptist Church in Westland, offered the following invocation:

"Our Heavenly Father, we thank You that we can come freely into Your presence with our petitions. We are thankful for our great nation and our great state. We are thankful for the freedom we have here in America--the freedom of speech and the freedom of assembly. We truly thank You that You have blessed us and made us a very prosperous people. The generosity and outpouring of help for the victims of 9-11 show us that. Father, we have so much to thank You for as we pause and remember all Your blessings on this great nation and state. We thank You for what we know You are going to do on our behalf. Father, You tell us to pray for those in authority and this we will and must do daily. We pray for the President in this time of crises and for his cabinet and military leaders as decisions are being made concerning terrorism. We pray that they make the right decisions at the right time. We pray for our young men and women on the front line. We ask, Father, that our losses will be few and that our just cause will bring us victory that will destroy terrorism. Bring them back safely.

You tell us if any lack wisdom, let them ask and You will give it liberally. Therefore, Father, we ask for wisdom for this legislative body. We ask, Heavenly Father, that they will make the right legislation, at the right time, and for the right purpose. Give them wisdom to lead our state to bigger and brighter days and we will give You all the thanks. Might we always remember to give thanks to Him who has made our state great. Might we remember to pray for all those in authority daily and ask for wisdom for them. May God bless and guide you. In Jesus' name, Amen."

______

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

The motion prevailed.

Rep. Jacobs moved that Reps. Mans and Reeves be excused from today's session.

The motion prevailed.

Rep. Anderson moved that Rep. Plakas be excused temporarily from today's session.

The motion prevailed.

Third Reading of Bills

House Bill No. 5420, entitled

A bill to amend 1966 PA 331, entitled "Community college act of 1966," by amending section 122 (MCL 389.122), as amended by 1984 PA 148.

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

Roll Call No. 46 Yeas--103

Adamini Faunce Lemmons Schermesser

Allen Frank Lipsey Scranton

Anderson Garza Lockwood Shackleton

Basham George McConico Sheltrown

Bernero Gieleghem Mead Shulman

Birkholz Gilbert Meyer Spade

Bisbee Godchaux Middaugh Stallworth

Bishop Gosselin Minore Stamas

Bogardus Hager Mortimer Stewart

Bovin Hansen Murphy Switalski

Bradstreet Hardman Neumann Tabor

Brown, B. Hart Newell Thomas

Brown, C. Howell O'Neil Toy

Brown, R. Hummel Pappageorge Van Woerkom

Callahan Jacobs Patterson Vander Roest

Cassis Jamnick Pestka Vander Veen

Caul Jansen Phillips Vear

Clark, I. Jelinek Pumford Voorhees

Clarke, H. Johnson, Rick Quarles Waters

Daniels Johnson, Ruth Raczkowski Whitmer

Dennis Julian Richardville Williams

DeRossett Kolb Richner Wojno

DeVuyst Kooiman Rison Woodward

DeWeese Kowall Rivet Woronchak

Drolet Kuipers Rocca Zelenko

Ehardt LaSata Schauer

Nays--0

In The Chair: Ehardt

The House agreed to the title of the bill.

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

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

House Bill No. 5421, entitled

A bill to amend 1966 PA 331, entitled "Community college act of 1966," by amending section 126 (MCL 389.126).

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

Roll Call No. 47 Yeas--101

Adamini Faunce LaSata Schermesser

Allen Frank Lemmons Scranton

Anderson Garza Lipsey Shackleton

Basham George Lockwood Sheltrown

Bernero Gieleghem McConico Shulman

Birkholz Gilbert Mead Spade

Bisbee Godchaux Meyer Stallworth

Bishop Gosselin Middaugh Stamas

Bogardus Hager Minore Stewart

Bovin Hansen Mortimer Switalski

Bradstreet Hardman Murphy Tabor

Brown, B. Hart Neumann Thomas

Brown, C. Howell Newell Toy

Brown, R. Hummel Pappageorge Van Woerkom

Callahan Jacobs Patterson Vander Roest

Cassis Jamnick Pestka Vander Veen

Caul Jansen Phillips Vear

Clark, I. Jelinek Pumford Voorhees

Clarke, H. Johnson, Rick Raczkowski Waters

Daniels Johnson, Ruth Richardville Whitmer

Dennis Julian Richner Williams

DeRossett Kolb Rison Wojno

DeVuyst Kooiman Rivet Woodward

DeWeese Kowall Rocca Woronchak

Drolet Kuipers Schauer Zelenko

Ehardt

Nays--0

In The Chair: Ehardt

The House agreed to the title of the bill.

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

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

______

Rep. Jacobs moved that Rep. Hale be excused temporarily from today's session.

The motion prevailed.

House Bill No. 5422, entitled

A bill to amend 1966 PA 331, entitled "Community college act of 1966," by amending section 127 (MCL 389.127), as added by 1982 PA 342.

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

Roll Call No. 48 Yeas--102

Adamini Faunce Lemmons Schermesser

Allen Frank Lipsey Scranton

Anderson Garza Lockwood Shackleton

Basham George McConico Sheltrown

Bernero Gieleghem Mead Shulman

Birkholz Gilbert Meyer Spade

Bisbee Godchaux Middaugh Stallworth

Bishop Gosselin Minore Stamas

Bogardus Hager Mortimer Stewart

Bovin Hansen Murphy Switalski

Bradstreet Hardman Neumann Tabor

Brown, B. Hart Newell Thomas

Brown, C. Howell O'Neil Toy

Brown, R. Hummel Pappageorge Van Woerkom

Callahan Jacobs Patterson Vander Roest

Cassis Jamnick Pestka Vander Veen

Caul Jansen Phillips Vear

Clark, I. Jelinek Pumford Voorhees

Clarke, H. Johnson, Rick Raczkowski Waters

Daniels Johnson, Ruth Richardville Whitmer

Dennis Julian Richner Williams

DeRossett Kolb Rison Wojno

DeVuyst Kooiman Rivet Woodward

DeWeese Kowall Rocca Woronchak

Drolet Kuipers Schauer Zelenko

Ehardt LaSata

Nays--0

In The Chair: Ehardt

The House agreed to the title of the bill.

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

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

House Bill No. 5423, entitled

A bill to amend 1966 PA 331, entitled "Community college act of 1966," by amending section 144 (MCL 389.144), as amended by 1990 PA 287.

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

Roll Call No. 49 Yeas--101

Adamini Faunce Lemmons Schauer

Allen Frank Lipsey Schermesser

Anderson Garza Lockwood Scranton

Basham George McConico Shackleton

Bernero Gieleghem Mead Sheltrown

Birkholz Gilbert Meyer Shulman

Bisbee Godchaux Middaugh Spade

Bishop Gosselin Minore Stallworth

Bogardus Hager Mortimer Stamas

Bovin Hansen Murphy Stewart

Bradstreet Hart Neumann Switalski

Brown, B. Howell Newell Tabor

Brown, C. Hummel O'Neil Toy

Brown, R. Jacobs Pappageorge Van Woerkom

Callahan Jamnick Patterson Vander Roest

Cassis Jansen Pestka Vander Veen

Caul Jelinek Phillips Vear

Clark, I. Johnson, Rick Plakas Voorhees

Clarke, H. Johnson, Ruth Pumford Waters

Daniels Julian Quarles Whitmer

Dennis Kolb Raczkowski Williams

DeRossett Kooiman Richardville Wojno

DeVuyst Kowall Richner Woodward

DeWeese Kuipers Rison Woronchak

Drolet LaSata Rocca Zelenko

Ehardt

Nays--0

In The Chair: Ehardt

The House agreed to the title of the bill.

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

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

House Bill No. 5496, entitled

A bill to amend 1976 PA 390, entitled "Emergency management act," by amending sections 3, 7, 7a, 8, 9, 10, and 11 (MCL 30.403, 30.407, 30.407a, 30.408, 30.409, 30.410, and 30.411), sections 3, 7, 8, 9, 10, and 11 as amended and section 7a as added by 1990 PA 50, and by adding section 21; and to repeal acts and parts of acts.

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

Roll Call No. 50 Yeas--101

Adamini Garza Lipsey Schermesser

Allen George Lockwood Scranton

Anderson Gieleghem McConico Shackleton

Basham Gilbert Mead Sheltrown

Bernero Godchaux Meyer Shulman

Birkholz Gosselin Middaugh Spade

Bisbee Hager Minore Stallworth

Bishop Hansen Mortimer Stamas

Bogardus Hardman Murphy Stewart

Bovin Hart Neumann Switalski

Brown, B. Howell Newell Tabor

Brown, C. Hummel O'Neil Thomas

Brown, R. Jacobs Pappageorge Toy

Callahan Jamnick Patterson Van Woerkom

Cassis Jansen Pestka Vander Roest

Caul Jelinek Phillips Vander Veen

Clark, I. Johnson, Rick Plakas Vear

Clarke, H. Johnson, Ruth Pumford Voorhees

Daniels Julian Raczkowski Waters

Dennis Kolb Richardville Whitmer

DeRossett Kooiman Richner Williams

DeWeese Kowall Rison Wojno

Drolet Kuipers Rivet Woodward

Ehardt LaSata Rocca Woronchak

Faunce Lemmons Schauer Zelenko

Frank

Nays--2

Bradstreet DeVuyst

In The Chair: Ehardt

The House agreed to the title of the bill.

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

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

House Bill No. 5507, entitled

A bill to amend 1931 PA 328, entitled "The Michigan penal code," by amending section 436 (MCL 750.436), as amended by 1988 PA 87.

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

Roll Call No. 51 Yeas--105

Adamini Frank Lemmons Schauer

Allen Garza Lipsey Schermesser

Anderson George Lockwood Scranton

Basham Gieleghem McConico Shackleton

Bernero Gilbert Mead Sheltrown

Birkholz Godchaux Meyer Shulman

Bisbee Gosselin Middaugh Spade

Bishop Hager Minore Stallworth

Bogardus Hale Mortimer Stamas

Bovin Hansen Murphy Stewart

Bradstreet Hardman Neumann Switalski

Brown, B. Hart Newell Tabor

Brown, C. Howell O'Neil Thomas

Brown, R. Hummel Pappageorge Toy

Callahan Jacobs Patterson Van Woerkom

Cassis Jamnick Pestka Vander Roest

Caul Jansen Phillips Vander Veen

Clark, I. Jelinek Plakas Vear

Clarke, H. Johnson, Rick Pumford Voorhees

Daniels Johnson, Ruth Quarles Waters

Dennis Julian Raczkowski Whitmer

DeRossett Kolb Richardville Williams

DeVuyst Kooiman Richner Wojno

DeWeese Kowall Rison Woodward

Drolet Kuipers Rivet Woronchak

Ehardt LaSata Rocca Zelenko

Faunce

Nays--0

In The Chair: Ehardt

The House agreed to the title of the bill.

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

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

House Bill No. 5509, entitled

A bill to amend 1931 PA 328, entitled "The Michigan penal code," by amending section 411j (MCL 750.411j), as amended by 1997 PA 75.

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

Roll Call No. 52 Yeas--104

Adamini Faunce LaSata Schauer

Allen Frank Lipsey Schermesser

Anderson Garza Lockwood Scranton

Basham George McConico Shackleton

Bernero Gieleghem Mead Sheltrown

Birkholz Gilbert Meyer Shulman

Bisbee Godchaux Middaugh Spade

Bishop Gosselin Minore Stallworth

Bogardus Hager Mortimer Stamas

Bovin Hale Murphy Stewart

Bradstreet Hansen Neumann Switalski

Brown, B. Hardman Newell Tabor

Brown, C. Hart O'Neil Thomas

Brown, R. Howell Pappageorge Toy

Callahan Hummel Patterson Van Woerkom

Cassis Jacobs Pestka Vander Roest

Caul Jamnick Phillips Vander Veen

Clark, I. Jansen Plakas Vear

Clarke, H. Jelinek Pumford Voorhees

Daniels Johnson, Rick Quarles Waters

Dennis Johnson, Ruth Raczkowski Whitmer

DeRossett Julian Richardville Williams

DeVuyst Kolb Richner Wojno

DeWeese Kooiman Rison Woodward

Drolet Kowall Rivet Woronchak

Ehardt Kuipers Rocca Zelenko

Nays--0

In The Chair: Ehardt

The House agreed to the title of the bill.

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

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

House Bill No. 5512, entitled

A bill to amend 1931 PA 328, entitled "The Michigan penal code," (MCL 750.1 to 750.568) by adding section 543h.

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

Roll Call No. 53 Yeas--104

Adamini Faunce LaSata Schauer

Allen Frank Lemmons Schermesser

Anderson Garza Lipsey Scranton

Basham George Lockwood Shackleton

Bernero Gieleghem McConico Sheltrown

Birkholz Gilbert Mead Shulman

Bisbee Godchaux Meyer Spade

Bishop Gosselin Middaugh Stallworth

Bogardus Hager Minore Stamas

Bovin Hale Mortimer Stewart

Bradstreet Hansen Murphy Switalski

Brown, B. Hardman Neumann Tabor

Brown, C. Hart Newell Thomas

Brown, R. Howell O'Neil Toy

Callahan Hummel Pappageorge Van Woerkom

Cassis Jacobs Patterson Vander Roest

Caul Jamnick Pestka Vander Veen

Clark, I. Jansen Phillips Vear

Clarke, H. Jelinek Plakas Voorhees

Daniels Johnson, Rick Pumford Waters

Dennis Johnson, Ruth Raczkowski Whitmer

DeRossett Julian Richardville Williams

DeVuyst Kolb Richner Wojno

DeWeese Kooiman Rison Woodward

Drolet Kowall Rivet Woronchak

Ehardt Kuipers Rocca Zelenko

Nays--0

In The Chair: Ehardt

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

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

A bill to amend 1931 PA 328, entitled "The Michigan penal code," (MCL 750.1 to 750.568) by adding section 543x.

The motion prevailed.

The House agreed to the title as amended.

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

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

House Bill No. 5513, entitled

A bill to amend 1961 PA 236, entitled "Revised judicature act of 1961," by amending sections 4701 and 4702 (MCL 600.4701 and 600.4702), section 4701 as amended by 2000 PA 184 and section 4702 as added by 1988 PA 104.

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

Roll Call No. 54 Yeas--103

Adamini Frank Lipsey Schermesser

Allen George Lockwood Scranton

Anderson Gieleghem McConico Shackleton

Basham Gilbert Mead Sheltrown

Bernero Godchaux Meyer Shulman

Birkholz Gosselin Middaugh Spade

Bisbee Hager Minore Stallworth

Bishop Hale Mortimer Stamas

Bogardus Hansen Murphy Stewart

Bradstreet Hardman Neumann Switalski

Brown, B. Hart Newell Tabor

Brown, C. Howell O'Neil Thomas

Brown, R. Hummel Pappageorge Toy

Callahan Jacobs Patterson Van Woerkom

Cassis Jamnick Pestka Vander Roest

Caul Jansen Phillips Vander Veen

Clark, I. Jelinek Plakas Vear

Clarke, H. Johnson, Rick Pumford Voorhees

Daniels Johnson, Ruth Quarles Waters

Dennis Julian Raczkowski Whitmer

DeRossett Kolb Richardville Williams

DeVuyst Kooiman Richner Wojno

DeWeese Kowall Rison Woodward

Drolet Kuipers Rivet Woronchak

Ehardt LaSata Rocca Zelenko

Faunce Lemmons Schauer

Nays--0

In The Chair: Ehardt

The House agreed to the title of the bill.

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

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

House Bill No. 5349, entitled

A bill to amend 1976 PA 442, entitled "Freedom of information act," by amending section 13 (MCL 15.243), as amended by 2001 PA 74.

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

Roll Call No. 55 Yeas--104

Adamini Faunce LaSata Rocca

Allen Frank Lemmons Schauer

Anderson Garza Lipsey Schermesser

Basham George Lockwood Scranton

Bernero Gieleghem McConico Shackleton

Birkholz Gilbert Mead Sheltrown

Bisbee Godchaux Meyer Shulman

Bishop Gosselin Middaugh Spade

Bogardus Hager Minore Stallworth

Bovin Hale Mortimer Stamas

Bradstreet Hansen Murphy Stewart

Brown, B. Hardman Neumann Switalski

Brown, C. Hart Newell Tabor

Brown, R. Howell O'Neil Toy

Callahan Hummel Pappageorge Van Woerkom

Cassis Jacobs Patterson Vander Roest

Caul Jamnick Pestka Vander Veen

Clark, I. Jansen Phillips Vear

Clarke, H. Jelinek Plakas Voorhees

Daniels Johnson, Rick Pumford Waters

Dennis Johnson, Ruth Quarles Whitmer

DeRossett Julian Raczkowski Williams

DeVuyst Kolb Richardville Wojno

DeWeese Kooiman Richner Woodward

Drolet Kowall Rison Woronchak

Ehardt Kuipers Rivet Zelenko

Nays--0

In The Chair: Ehardt

The House agreed to the title of the bill.

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

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

Second Reading of Bills

Pending the Second Reading of

House Bill No. 4609, entitled

A bill to amend 1990 PA 250, entitled "DNA identification profiling system act," by amending sections 2, 3, and 6 (MCL 28.172, 28.173, and 28.176), section 2 as amended by 1996 PA 508, section 3 as amended by 1998 PA 522, and section 6 as amended by 2000 PA 30.

Rep. Patterson moved that the bill be re-referred to the Committee on Criminal Justice.

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

By unanimous consent the House returned to the order of

Third Reading of Bills

House Bill No. 5506, entitled

A bill to amend 1931 PA 328, entitled "The Michigan penal code," by amending section 204a (MCL 750.204a), as amended by 1998 PA 208.

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

Roll Call No. 56 Yeas--102

Adamini Garza Lipsey Schauer

Allen George Lockwood Schermesser

Anderson Gieleghem McConico Scranton

Basham Gilbert Mead Shackleton

Bernero Godchaux Meyer Sheltrown

Birkholz Gosselin Middaugh Shulman

Bisbee Hager Minore Spade

Bishop Hale Mortimer Stallworth

Bogardus Hansen Murphy Stamas

Bovin Hardman Neumann Stewart

Brown, B. Hart Newell Switalski

Brown, C. Howell O'Neil Tabor

Brown, R. Hummel Pappageorge Thomas

Callahan Jacobs Patterson Toy

Cassis Jamnick Pestka Van Woerkom

Caul Jansen Phillips Vander Roest

Clark, I. Jelinek Plakas Vander Veen

Clarke, H. Johnson, Rick Pumford Voorhees

Daniels Johnson, Ruth Quarles Waters

DeRossett Julian Raczkowski Whitmer

DeVuyst Kolb Richardville Williams

DeWeese Kooiman Richner Wojno

Drolet Kowall Rison Woodward

Ehardt Kuipers Rivet Woronchak

Faunce LaSata Rocca Zelenko

Frank Lemmons

Nays--2

Bradstreet Vear

In The Chair: Ehardt

The House agreed to the title of the bill.

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

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

Second Reading of Bills

Senate Bill No. 493, entitled

A bill to amend 1956 PA 218, entitled "The insurance code of 1956," by amending section 1242 (MCL 500.1242).

The bill was read a second time.

Rep. Richner moved to substitute (H-1) the bill.

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

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

The motion prevailed.

Senate Bill No. 496, entitled

A bill to amend 1956 PA 218, entitled "The insurance code of 1956," by amending section 456 (MCL 500.456), as amended by 1989 PA 214.

The bill was read a second time.

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

The motion prevailed.

By unanimous consent the House returned to the order of

Third Reading of Bills

House Bill No. 4398, entitled

A bill to amend 1979 PA 94, entitled "The state school aid act of 1979," by amending section 101 (MCL 388.1701), as amended by 2000 PA 297.

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

Roll Call No. 57 Yeas--94

Adamini Faunce Lockwood Schermesser

Allen Frank McConico Shackleton

Anderson Garza Mead Sheltrown

Basham George Meyer Shulman

Bernero Gieleghem Middaugh Spade

Birkholz Godchaux Minore Stamas

Bisbee Hager Mortimer Stewart

Bishop Hale Murphy Switalski

Bogardus Hansen Neumann Tabor

Bovin Hardman Newell Thomas

Bradstreet Hart O'Neil Toy

Brown, B. Howell Pappageorge Van Woerkom

Brown, C. Jacobs Pestka Vander Roest

Brown, R. Jamnick Phillips Vander Veen

Callahan Jansen Plakas Vear

Cassis Jelinek Pumford Voorhees

Caul Johnson, Rick Quarles Waters

Clark, I. Johnson, Ruth Richardville Whitmer

Clarke, H. Julian Richner Williams

Daniels Kolb Rison Wojno

DeRossett Kooiman Rivet Woodward

DeVuyst Kowall Rocca Woronchak

DeWeese LaSata Schauer Zelenko

Ehardt Lipsey

Nays--10

Drolet Hummel Patterson Scranton

Gilbert Kuipers Raczkowski Stallworth

Gosselin Lemmons

In The Chair: Ehardt

The House agreed to the title of the bill.

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

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

Second Reading of Bills

House Bill No. 4990, entitled

A bill to amend 1964 PA 287, entitled "An act to provide for the organization and functions of the state boards of education under the constitutions of 1908 and 1963; to provide for the appointment and functions of the superintendent of public instruction under the constitution of 1963; and to repeal certain acts and parts of acts," by amending section 9a (MCL 388.1009a), as amended by 1983 PA 240.

The bill was read a second time.

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

The motion prevailed.

House Bill No. 5400, entitled

A bill to amend 1956 PA 218, entitled "The insurance code of 1956," by amending section 5208 (MCL 500.5208), as amended by 1984 PA 267, and by adding section 407a.

Was read a second time, and the question being on the adoption of the proposed substitute (H-2) previously recommended by the Committee on Insurance and Financial Services,

The substitute (H-2) was adopted, a majority of the members serving voting therefor.

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

The motion prevailed.

House Bill No. 4338, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending sections 81129 and 81130 (MCL 324.81129 and 324.81130), as added by 1995 PA 58.

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

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

Rep. Allen moved to substitute (H-2) the bill.

The motion prevailed and the substitute (H-2) was adopted, a majority of the members serving voting therefor.

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

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, Thursday, February 7:

House Bill No. 5592

The Clerk announced that the following Senate bills had been received on Thursday, February 7:

Senate Bill Nos. 829 830 831 832 833 834 836 837 838 839 840 841 843 844 845 846 847 848 849

By unanimous consent the House returned to the order of

Messages from the Senate

House Bill No. 5005, entitled

A bill to amend 1984 PA 44, entitled "Motor fuels quality act," by amending sections 3, 4a, 5, 6, 9i, 10a, and 10b (MCL 290.643, 290.644a, 290.645, 290.646, 290.649i, 290.650a, and 290.650b), section 3 as amended by 2000 PA 206, section 4a as added by 1986 PA 127, and sections 5 and 6 as amended and sections 9i, 10a, and 10b as added by 1993 PA 236.

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

The House agreed to the full title.

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

House Bill No. 4195, entitled

A bill to amend 1978 PA 368, entitled "Public health code," (MCL 333.1101 to 333.25211) by adding section 21723.

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

The Senate has passed the bill as substituted (S-1), ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title.

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

Senate Bill No. 829, entitled

A bill to amend 1967 PA 55, entitled "An act relating to the management of state funds; to prescribe the powers and duties of the state treasurer and the state administrative board; and to repeal certain acts and parts of acts," by amending section 1 (MCL 12.51).

The Senate has passed the bill.

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

Senate Bill No. 830, entitled

A bill to amend 1965 PA 380, entitled "Executive organization act of 1965," by repealing section 88 (MCL 16.188).

The Senate has passed the bill.

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

Senate Bill No. 831, entitled

A bill to amend 1984 PA 431, entitled "The management and budget act," by amending section 389 (MCL 18.1389), as amended by 1988 PA 504.

The Senate has passed the bill.

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

Senate Bill No. 832, entitled

A bill to amend 1955 PA 70, entitled "An act to authorize cities to acquire and operate exhibition areas for commercial, industrial and agricultural products; to provide for the issuance of bonds to finance the cost thereof; to authorize the fixing and collecting of fees and other charges for the use of facilities therein; and to authorize the making of reasonable rules and regulations relative to the public use of facilities therein," by amending section 5 (MCL 123.655).

The Senate has passed the bill.

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

Senate Bill No. 833, entitled

A bill to amend 1933 PA 99, entitled "An act to authorize villages, townships, cities, and school districts to enter into contracts and agreements for the purchase of real or personal property for public purposes; to provide for the payment of the purchase price thereof; to authorize school districts to enter into certain other contracts; and to prescribe the use of the real or personal property," by amending section 1 (MCL 123.721), as amended by 1997 PA 77.

The Senate has passed the bill.

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

Senate Bill No. 834, entitled

A bill to amend 1994 PA 53, entitled "An act to authorize internally pooled investments by certain local governmental units," by amending section 1 (MCL 123.931).

The Senate has passed the bill.

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

Senate Bill No. 836, entitled

A bill to amend 1994 PA 325, entitled "The international tradeport development authority act," by amending section 16 (MCL 125.2536); and to repeal acts and parts of acts.

The Senate has passed the bill.

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

Senate Bill No. 837, entitled

A bill to amend 1995 PA 280, entitled "An act to authorize local units of government to accept financial transaction device payments," by amending section 1 (MCL 129.221).

The Senate has passed the bill.

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

Senate Bill No. 838, entitled

A bill to amend 1995 PA 266, entitled "An act to authorize and regulate credit card transactions involving local units of government, including the use of credit cards by officers and employees of local units of government; and to provide for powers and duties of certain state and local agencies, officers, and employees," by amending sections 1 and 2 (MCL 129.241 and 129.242), section 1 as amended by 2000 PA 169.

The Senate has passed the bill.

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

Senate Bill No. 839, entitled

A bill to amend 1968 PA 2, entitled "Uniform budgeting and accounting act," by amending section 4 (MCL 141.424), as amended by 2000 PA 493.

The Senate has passed the bill.

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

Senate Bill No. 840, entitled

A bill to amend 1971 PA 140, entitled "Glenn Steil state revenue sharing act of 1971," by amending section 17a (MCL 141.917a), as amended by 1987 PA 283.

The Senate has passed the bill.

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

Senate Bill No. 841, entitled

A bill to amend 1981 PA 80, entitled "Fiscal stabilization act," by amending section 4 (MCL 141.1004), as amended by 1987 PA 279; and to repeal acts and parts of acts.

The Senate has passed the bill.

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

Senate Bill No. 843, entitled

A bill to amend 1961 PA 236, entitled "Revised judicature act of 1961," by amending section 6097 (MCL 600.6097), as amended by 1984 PA 393.

The Senate has passed the bill.

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

Senate Bill No. 844, entitled

A bill to repeal 1992 PA 275, entitled "The federal facility development act," (MCL 3.931 to 3.940); 1993 PA 126, entitled "The federal data facility act," (MCL 3.951 to 3.961); and section 483 of 1967 PA 281, entitled "Income tax act of 1967," (MCL 206.483).

The Senate has passed the bill.

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

Senate Bill No. 845, entitled

A bill to amend 1846 RS 16, entitled "Of the powers and duties of townships, the election and duties of township officers, and the division of townships," by amending section 75b (MCL 41.75b), as amended by 1990 PA 230.

The Senate has passed the bill.

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

Senate Bill No. 846, entitled

A bill to amend 1931 PA 246, entitled "An act to provide for the construction, repair, and maintenance of pavements, sidewalks, and elevated structures on or along public roads and highways; to provide for the levying of taxes and of special assessments; to authorize the borrowing of money and the issuance of bonds; to prescribe the powers and duties of certain state and local agencies and officers; to validate actions taken, special assessments levied, and bonds issued; and to provide for the lighting of certain roads, highways, and bridges," by amending section 13a (MCL 41.283a).

The Senate has passed the bill.

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

Senate Bill No. 847, entitled

A bill to amend 1941 PA 107, entitled "An act to authorize township water supply and sewage disposal services and facilities; to provide for financing of those services and facilities; to prescribe the powers and duties of township boards with respect to those services and facilities; and to prescribe penalties and provide remedies," by amending sections 8, 20m, and 20o (MCL 41.338, 41.350m, and 41.350o), section 8 as amended and sections 20m and 20o as added by 1989 PA 83.

The Senate has passed the bill.

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

Senate Bill No. 848, entitled

A bill to amend 1923 PA 116, entitled "Township and village public improvement and public service act," by amending section 6c (MCL 41.416c), as added by 1989 PA 82.

The Senate has passed the bill.

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

Senate Bill No. 849, entitled

A bill to amend 1905 PA 157, entitled "An act to provide for the acquisition, maintenance, management, and control of township parks, resorts, bathing beaches, and places of recreation; to provide for the creation of a township park commission; to provide for a board of commissioners to provide for the issuance of bonds and the levy of taxes; to provide for the transfer of certain real property for parks; to authorize cities and villages to appropriate money for park purposes; to provide for the acquisition, construction, and use of wharves, piers, docks, and landing places in townships; to provide the powers and duties of certain local units of government and certain officials; and to prescribe penalties and provide remedies," by amending section 6d (MCL 41.426d), as added by 1989 PA 79.

The Senate has passed the bill.

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

By unanimous consent the House returned to the order of

Reports of Standing Committees

The Committee on Insurance and Financial Services, by Rep. Richner, Chair, reported

Senate Bill No. 451, entitled

A bill to amend 1956 PA 218, entitled "The insurance code of 1956," by amending section 2006 (MCL 500.2006).

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 451 To Report Out:

Yeas: Reps. Richner, Bisbee, Ehardt, Hager, Hummel, Julian, Middaugh, Scranton, Van Woerkom, Wojno, Anderson, Clark, Daniels, Schermesser, Woodward,

Nays: None.

The Committee on Insurance and Financial Services, by Rep. Richner, Chair, reported

Senate Bill No. 452, entitled

A bill to amend 1980 PA 350, entitled "The nonprofit health care corporation reform act," by amending section 403 (MCL 550.1403).

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 452 To Report Out:

Yeas: Reps. Richner, Bisbee, Ehardt, Hager, Hummel, Julian, Middaugh, Scranton, Van Woerkom, Wojno, Anderson, Clark, Daniels, Schermesser, Woodward,

Nays: None.

COMMITTEE ATTENDANCE REPORT

The following report, submitted by Rep. Richner, Chair of the Committee on Insurance and Financial Services, was received and read:

Meeting held on: Wednesday, February 6, 2002, at 10:30 a.m.,

Present: Reps. Richner, Bisbee, Ehardt, Hager, Hummel, Julian, Middaugh, Scranton, Van Woerkom, Wojno, Anderson, Clark, Daniels, Schermesser, Woodward.

The Committee on Education, by Rep. Kuipers, Chair, reported

House Bill No. 5583, entitled

A bill to amend 1976 PA 451, entitled "The revised school code," by amending section 1285a (MCL 380.1285a), as added by 1996 PA 285.

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 5583 To Report Out:

Yeas: Reps. Kuipers, Meyer, Bradstreet, DeWeese, Hager, Hart, Ruth Johnson, Van Woerkom, Voorhees, McConico, Spade, Zelenko,

Nays: Rep. Hansen.

The Committee on Education, by Rep. Kuipers, Chair, reported

House Bill No. 5584, entitled

A bill to amend 1973 PA 116, entitled "An act to provide for the protection of children through the licensing and regulation of child care organizations; to provide for the establishment of standards of care for child care organizations; to prescribe powers and duties of certain departments of this state and adoption facilitators; to provide penalties; and to repeal acts and parts of acts," by amending section 1 (MCL 722.111), as amended by 1994 PA 205.

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 5584 To Report Out:

Yeas: Reps. Kuipers, Meyer, Bradstreet, DeWeese, Hager, Hart, Ruth Johnson, Van Woerkom, Voorhees, McConico, Spade, Zelenko,

Nays: Rep. Hansen.

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Thursday, February 7, 2002, at 9:00 a.m.,

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

Absent: Reps. Allen, Bogardus,

Excused: Reps. Allen, Bogardus.

The Committee on Redistricting and Elections, by Rep. Patterson, Chair, reported

House Bill No. 5466, entitled

A bill to amend 1954 PA 116, entitled "Michigan election law," by amending sections 46, 544c, 552, 590f, 590h, and 759 (MCL 168.46, 168.544c, 168.552, 168.590f, 168.590h, and 168.759), section 544c as amended by 1999 PA 219, section 552 as amended by 1999 PA 220, sections 590f and 590h as added by 1988 PA 116, and section 759 as amended by 1995 PA 261.

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 5466 To Report Out:

Yeas: Reps. Patterson, Richner, Allen, Bishop, Cassis, Hart, Quarles, Jamnick, Lemmons,

Nays: None.

The Committee on Redistricting and Elections, by Rep. Patterson, Chair, reported

Senate Bill No. 385, entitled

A bill to amend 1976 PA 451, entitled "The revised school code," by amending sections 614, 617, and 1066 (MCL 380.614, 380.617, and 380.1066), section 614 as amended by 1992 PA 263, section 617 as amended by 1989 PA 268, and section 1066 as amended by 1995 PA 289.

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 385 To Report Out:

Yeas: Reps. Patterson, Richner, Allen, Bishop, Cassis, Hart, Quarles, Jamnick, Lemmons,

Nays: None.

The Committee on Redistricting and Elections, by Rep. Patterson, Chair, reported

Senate Bill No. 386, entitled

A bill to amend 1966 PA 261, entitled "An act to provide for the apportionment of county boards of commissioners; to prescribe the size of the board; to provide for appeals; to prescribe the manner of election of the members of the county board of commissioners; to provide for compensation of members; to prescribe penalties and provide remedies; and to repeal acts and parts of acts," by amending section 11 (MCL 46.411), as amended by 1982 PA 504.

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 386 To Report Out:

Yeas: Reps. Patterson, Richner, Allen, Bishop, Cassis, Hart, Quarles, Jamnick, Lemmons,

Nays: None.

The Committee on Redistricting and Elections, by Rep. Patterson, Chair, reported

Senate Bill No. 387, entitled

A bill to amend 1989 PA 24, entitled "The district library establishment act," by amending section 11 (MCL 397.181); and to repeal acts and parts of acts.

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 387 To Report Out:

Yeas: Reps. Patterson, Richner, Allen, Bishop, Cassis, Hart, Quarles, Jamnick, Lemmons,

Nays: None.

The Committee on Redistricting and Elections, by Rep. Patterson, Chair, reported

Senate Bill No. 388, entitled

A bill to amend 1877 PA 164, entitled "An act to authorize cities, incorporated villages, and townships to establish and maintain, or contract for the use of, free public libraries and reading rooms; and to prescribe penalties and provide remedies," by amending section 11 (MCL 397.211), as amended by 1988 PA 432.

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 388 To Report Out:

Yeas: Reps. Patterson, Richner, Allen, Bishop, Cassis, Hart, Quarles, Jamnick, Lemmons,

Nays: None.

COMMITTEE ATTENDANCE REPORT

The following report, submitted by Rep. Patterson, Chair of the Committee on Redistricting and Elections, was received and read:

Meeting held on: Thursday, February 7, 2002, at 10:30 a.m.,

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

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Thursday, February 7, 2002, at 8:00 a.m.,

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

Absent: Rep. Bogardus,

Excused: Rep. Bogardus.

COMMITTEE ATTENDANCE REPORT

The following report, submitted by Rep. DeVuyst, Chair of the Committee on Conservation and Outdoor Recreation, was received and read:

Meeting held on: Thursday, February 7, 2002, at 10:00 a.m.,

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

Absent: Reps. Tabor, Garza,

Excused: Reps. Tabor, Garza.

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Thursday, February 7, 2002, at 11:00 a.m.,

Present: Reps. Shulman, LaSata, Cameron Brown, Caul, Godchaux, Jansen, Jelinek, Kooiman, Mead, Mortimer, Newell, Pappageorge, Pumford, Shackleton, Stamas, Stewart, Toy, Vander Roest, Frank, Rich Brown, Clarke, Lockwood, Pestka, Phillips, Plakas, Stallworth, Switalski, Whitmer,

Absent: Rep. Reeves,

Excused: Rep. Reeves.

Messages from the Governor

The following message from the Governor was received February 7, 2002 and read:

EXECUTIVE ORDER

No. 2002 - 1

BUREAU OF WORKER'S COMPENSATION

UNEMPLOYMENT AGENCY

WORKER'S COMPENSATION BOARD OF MAGISTRATES

WAGE AND HOUR DIVISION

BUREAU OF WORKER'S AND UNEMPLOYMENT COMPENSATION

DEPARTMENT OF CONSUMER AND INDUSTRY SERVICES

EXECUTIVE REORGANIZATION

WHEREAS, Article V, Section 1, of the Constitution of the state of Michigan of 1963 vests the executive power in the Governor; and

WHEREAS, Article V, Section 2, of the Constitution of the state of Michigan of 1963 empowers the Governor to make changes in the organization of the Executive Branch or in the assignment of functions among its units which he considers necessary for efficient administration; and

WHEREAS, the statutory powers, functions, duties and responsibilities assigned to the Bureau of Worker's Compensation, the Unemployment Agency, the Worker's Compensation Board of Magistrates, and the Wage and Hour Division can be more effectively carried out by a new Bureau of Worker's and Unemployment Compensation; and

WHEREAS, the missions of the Bureau of Worker's Compensation and the Unemployment Agency are related to maintaining a system for the timely payment of benefits on behalf of Michigan workers and employers; and

WHEREAS, there is a need for more sharing of data and information between the Bureau of Worker's Compensation and the Unemployment Agency to more efficiently meet statutory requirements relating to coordination of worker's compensation and unemployment compensation benefits; and

WHEREAS, the Wage and Hour Division serves the citizens of Michigan by protecting wages and fringe benefits to which workers are entitled and assuring appropriate employment and working conditions for young people;

WHEREAS, it is necessary in the interests of efficient administration and effectiveness of government to effect changes in the organization of the Executive Branch of government.

NOW, THEREFORE, I, John Engler, Governor of the state of Michigan, pursuant to the powers vested in me by the Constitution of the state of Michigan of 1963 and the laws of the state of Michigan, do hereby order the following:

I. DEFINITIONS

As used herein:

A. The "Department of Consumer and Industry Services" means the principal department of state government created by Executive Order 1996-2, being Section 445.2001 of the Michigan Compiled Laws.

B. The "Bureau of Worker's Compensation" means the bureau established within the Department of Labor by Section 201 of Act 317 of the Public Acts of 1969, as amended, being Section 418.201 of the Michigan Complied Laws, the functions of which were subsequently transferred to the Department of Consumer and Industry Services by Executive Order 1996-2, being Section 445.2001 of the Michigan Compiled Laws.

C. The "Unemployment Agency" means the agency established within the Department of Consumer and Industry Services by Executive Order 1997-12, being Section 421.94 of the Michigan Compiled Laws.

D. The "Worker's Compensation Board of Magistrates" means the board established as an autonomous entity within the Department of Labor by Section 213 of Act 317 of the Public Acts of 1969, as amended, being Section 418.213 of the Michigan Compiled Laws, the functions of which were subsequently transferred to the Department of Consumer and Industry Services by Executive Order 1996-2, being Section 445.2001 of the Michigan Compiled Laws.

E. The "Wage and Hour Division" means the division created on January 31, 1992 as an agency within the Bureau of Safety and Regulation within the Department of Labor, the functions of which were subsequently transferred to the Department of Consumer and Industry Services by Executive Order 1996-2, being Section 445.2001 of the Michigan Compiled Laws.

II. CREATION OF THE BUREAU OF WORKER'S AND UNEMPLOYMENT COMPENSATION

A. The Bureau of Worker's and Unemployment Compensation is hereby created as a Type I agency within the Department of Consumer and Industry Services. The bureau shall exercise its prescribed statutory powers, duties and functions of rulemaking, licensing and registration including the prescription of rules, rates, regulations and standards, and adjudication independently of the head of the department. All budgeting, procurement and related management functions of the bureau shall be performed under the direction and supervision of the head of the department.

B. The Bureau of Worker's and Unemployment Compensation shall be headed by a Director who shall be appointed by the Governor.

C. All of the statutory authority, powers, functions, duties and responsibilities of the Bureau of Worker's Compensation are transferred to the Bureau of Worker's and Unemployment Compensation by Type III transfer as defined by Section 3 of Act No. 380 of the Public Acts of 1965, as amended, being Section 16.103 of the Michigan Compiled Laws.

D. All of the statutory authority, powers, functions, duties and responsibilities of the Unemployment Agency are transferred to the Bureau of Worker's and Unemployment Compensation by Type III transfer as defined by Section 3 of Act No. 380 of the Public Acts of 1965, as amended, being Section 16.103 of the Michigan Compiled Laws.

E. All of the statutory powers, functions, duties, and responsibilities of the Director of the Bureau of Worker's Compensation established in Chapter 2 of the Worker's Disability Compensation Act of 1969, Act No. 317 of the Public Acts of 1969, as amended, being Section 418.201 et. seq. of the Michigan Compiled Laws, are transferred to the Director of the Bureau of Worker's and Unemployment Compensation by a Type III transfer as defined by Section 3 of Act No. 380 of the Public Acts of 1965, as amended, being Section 16.103 of the Michigan Compiled Laws.

F. All of the statutory powers, functions, duties, and responsibilities of the Director of the Unemployment Agency created in Section 5 of the Michigan Employment Security Act, Act No. 1 of the Public Acts of 1936 (Ex. Sess.), as amended, being Section 421.5 of the Michigan Compiled Laws, and defined as the Director of Employment Security in Executive Order 1997-12 are transferred to the Director of the Bureau of Worker's and Unemployment Compensation by a Type III transfer as defined by Section 3 of Act No. 380 of the Public Acts of 1965, as amended, being Section 16.103 of the Michigan Compiled Laws.

G. All of the statutory powers, functions, duties, and responsibilities of the Worker's Compensation Board of Magistrates established by Section 213 of the Worker's Disability Compensation Act of 1969, Act No. 317 of the Public Acts of 1969, as amended, being Section 418.213 of the Michigan Compiled Laws, are transferred to the Bureau of Worker's and Unemployment Compensation.

H. All of the statutory authority, powers, functions, duties and responsibilities of the Wage and Hour Division in the Department of Consumer and Industry Services, including, but not limited to, those set forth in:

1. Act No. 154 of the Public Acts of 1964, as amended, being Sections 408.381 et. seq. of the Michigan Compiled Laws (Minimum Wage Law of 1964);

2. Act No. 390 of the Public Acts of 1978, as amended, being Sections 408.471 et. seq. of the Michigan Compiled Laws (Wage and Benefits Act);

3. Act No. 166 of the Public Acts of 1965, as amended, being Sections 408.551 et. seq. of the Michigan Compiled Laws (Prevailing Wage Act);

4. Act No. 90 of the Public Acts of 1978, as amended, being Sections 409.101 et. seq. of the Michigan Compiled Laws (the Youth Employment Standards Act);

are transferred to the Bureau of Worker's and Unemployment Compensation by Type II transfer as defined by Section 3 of Act No. 380 of the Public Acts of 1965, as amended, being Section 16.103 of the Michigan Compiled Laws.

III. MISCELLANEOUS

A. The Director of the Department of Consumer and Industry Services shall provide executive direction and supervision for the implementation of the transfers made under this Order. The assigned functions shall be administered under the direction and supervision of the Director of the Department of Consumer and Industry Services.

B. The Director of the Department of Consumer and Industry Services shall administer the assigned functions transferred by this Order in such ways as to promote efficient administration and shall make internal organizational changes as may be administratively necessary to complete the realignment of responsibilities prescribed by this Order.

C. The Director of the Department of Consumer and Industry Services shall immediately initiate coordination with the Bureau of Worker's Compensation, the Unemployment Agency, the Worker's Compensation Board of Magistrates, and the Bureau of Safety and Regulation to facilitate the transfers and develop memoranda of record identifying any pending settlements, issues of compliance with applicable federal and state laws and regulations, or other obligations to be resolved by the Bureau of Worker's Compensation and the Unemployment Agency.

D. All records, personnel, property, grants and unexpended balances of appropriations, allocations and other funds used, held, employed, available or to be made available for the activities, power, duties, functions and responsibilities transferred by this Order are hereby transferred to the Bureau of Worker's and Unemployment Compensation.

E. The State Budget Director shall determine and authorize the most efficient manner possible for handling financial transactions and records in the state's financial management system for the remainder of the year.

F. The Director of the Bureau of Worker's and Unemployment Compensation may by written instrument delegate a duty or power conferred by law or this Order and the person to whom such duty or power is so delegated may perform such duty or exercise such power at the time and to the extent such duty or power is delegated by the Director of the Bureau of Worker's and Unemployment Compensation.

G. All rules, orders, contracts and agreements relating to the functions transferred to the Bureau of Worker's and Unemployment Compensation by this Order by the responsible state agency shall continue to be effective until revised, amended or rescinded.

H. Any suit, action or other proceeding lawfully commenced by, against or before any entity effected by this Order, shall not abate by reason of the taking effect of this Order. Any suit, action or other proceeding may be maintained by, against or before the appropriate successor of any entity affected by this Order.

I. The invalidity of any portion of this Order shall not affect the validity of the remainder thereof.

J. The Bureau of Worker's Compensation, the position of Director of the Bureau of Worker's Compensation, the Unemployment Agency, and the position of Director of the Unemployment Agency are hereby abolished.

In fulfillment of the requirement of Article V, Section 2, of the Constitution of the state of Michigan of 1963, the provisions of this Executive Order shall become effective sixty (60) days from the filing of this Order.

[SEAL] Given under my hand and the Great Seal of the state of Michigan this 7th day of February, in the Year of our Lord, Two Thousand Two.

John Engler

Governor

By the Governor:

Candice S. Miller

Secretary of State

The message was referred to the Clerk.

Introduction of Bills

Reps. Shulman, Woodward, Anderson, Gieleghem, Gosselin, Drolet, Bradstreet, Kolb, Jacobs, Quarles, Rison, Stewart and Raczkowski introduced

House Bill No. 5593, entitled

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

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

Reps. Woodward, Raczkowski, Anderson, Gieleghem, Gosselin, Drolet, Bradstreet, Kolb, Jacobs, Quarles and Rison introduced

House Bill No. 5594, entitled

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

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

Reps. Koetje, Woodward, Anderson, Gieleghem, Gosselin, Drolet, Bradstreet, Kolb, Jacobs, Quarles, Rison and Raczkowski introduced

House Bill No. 5595, entitled

A bill to amend 1961 PA 236, entitled "Revised judicature act of 1961," (MCL 600.101 to 600.9948) by adding section 2976.

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

Reps. Drolet, Woodward, Anderson, Gieleghem, Gosselin, Bradstreet, Kolb, Jacobs, Quarles, Rison and Raczkowski introduced

House Bill No. 5596, entitled

A bill to amend 1961 PA 236, entitled "Revised judicature act of 1961," (MCL 600.101 to 600.9948) by adding section 2975.

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

Reps. Anderson, Woodward, Gieleghem, Gosselin, Drolet, Bradstreet, Kolb, Jacobs, Quarles, Rison and Raczkowski introduced

House Bill No. 5597, entitled

A bill to amend 1961 PA 236, entitled "Revised judicature act of 1961," (MCL 600.101 to 600.9948) by adding section 2972.

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

Reps. Bishop, Kowall, Hager, Shackleton, Meyer, Kuipers, Julian, Vear, Ehardt, Richner, George and Raczkowski introduced

House Bill No. 5598, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending section 11549 (MCL 324.11549).

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

Reps. Kowall, Bishop, Mortimer, Raczkowski, Patterson, Howell, Hager, Stewart, Mead, Meyer, Pappageorge, Shackleton, George, Woodward, Julian, Vear, Voorhees and Kuipers introduced

House Bill No. 5599, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending section 11526 (MCL 324.11526) and by adding sections 11526a and 11526b.

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

Reps. Kowall, Richardville, Meyer, Julian, Mortimer, Voorhees, Rocca, George, Patterson, Kuipers, Birkholz, Gilbert, Scranton, Gosselin, Bovin, Cameron Brown, Stewart, Ehardt, DeRossett, Bishop, Shackleton, Van Woerkom, Allen, Koetje, Newell, Tabor, Pappageorge and Cassis introduced

House Bill No. 5600, entitled

A bill to amend 1931 PA 328, entitled "The Michigan penal code," (MCL 750.1 to 750.568) by adding section 479c.

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

Reps. Kowall, Richardville, DeRossett, Meyer, Julian, Mortimer, Voorhees, Rocca, George, Patterson, Kuipers, Birkholz, Gilbert, Scranton, Gosselin, Bovin, Cameron Brown, Stewart, Ehardt, Bishop, Van Woerkom, Shackleton, Allen, Koetje, Newell, Tabor, Pappageorge and Cassis introduced

House Bill No. 5601, entitled

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

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

Reps. Mortimer, Bishop, Kowall, Meyer, Toy, Ehardt, Gosselin, Newell, Voorhees, Kuipers, Bovin, Patterson, Shackleton, Rocca, Birkholz, Pappageorge, George, Hummel, Stewart, Julian, Vear and Raczkowski introduced

House Bill No. 5602, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," (MCL 324.101 to 324.90106) by adding section 11528a.

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

Reps. Lemmons, Hale, Clarke, Anderson, Hardman and Stallworth introduced

House Bill No. 5603, entitled

A bill to amend 1978 PA 368, entitled "Public health code," (MCL 333.1101 to 333.25211) by adding section 21788.

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

Reps. Lemmons, DeWeese, Minore, Clarke, Clark, Dennis, Kolb, Kooiman, Reeves, Gieleghem, Garza, Stallworth, Anderson and McConico introduced

House Bill No. 5604, entitled

A bill to amend 1954 PA 116, entitled "Michigan election law," by amending section 764b (MCL 168.764b), as amended by 1996 PA 207.

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

Reps. DeRossett, Vear and Cassis introduced

House Bill No. 5605, entitled

A bill to amend 1941 PA 122, entitled "An act to establish a revenue division of the department of treasury; to prescribe its powers and duties as the revenue collection agency of the state; to prescribe certain powers and duties of the state treasurer; to regulate the importation, stamping, and disposition of certain tobacco products; to create the position and to define the powers and duties of the state commissioner of revenue; to provide for the transfer of powers and duties now vested in certain other state boards, commissions, departments and offices; to prescribe certain duties of and require certain reports from the department of treasury; to provide procedures for the payment, administration, audit, assessment, levy of interests or penalties on, and appeals of taxes and tax liability; to prescribe its powers and duties if an agreement to act as agent for a city to administer, collect, and enforce the city income tax act on behalf of a city is entered into with any city; to provide an appropriation; to abolish the state board of tax administration; to prescribe penalties and provide remedies; and to declare the effect of this act," (MCL 205.1 to 205.31) by adding section 17.

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

Reps. Woronchak, Cassis and Vear introduced

House Bill No. 5606, entitled

A bill to amend 1937 PA 94, entitled "Use tax act," by amending section 4 (MCL 205.94), as amended by 2001 PA 39.

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

Reps. Newell, Cassis and Vear introduced

House Bill No. 5607, entitled

A bill to amend 1893 PA 206, entitled "The general property tax act," by amending sections 8a, 8c, and 19 (MCL 211.8a, 211.8c, and 211.19), section 8a as amended and section 8c as added by 1998 PA 537 and section 19 as amended by 1996 PA 126.

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

By unanimous consent the House returned to the order of

Second Reading of Bills

House Bill No. 5497, entitled

A bill to amend 1949 PA 300, entitled "The Michigan vehicle code," by amending sections 51a, 209, 303, and 314 (MCL 257.51a, 257.209, 257.303, and 257.314), section 303 as amended by 2001 PA 159 and section 314 as amended by 2000 PA 173.

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

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

Rep. Gilbert moved to amend the bill as follows:

1. Amend page 11, line 1, by striking out all of subsection (8).

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

Rep. Anderson moved to amend the bill as follows:

1. Amend page 1, line 5, after "state." by inserting "UNTIL 2 YEARS AFTER THE EFFECTIVE DATE OF THE AMENDATORY ACT THAT ADDED SUBSECTION (2) OF SECTION 209,".

2. Amend page 2, line 13, after "(2)" by inserting "UNTIL 2 YEARS AFTER THE EFFECTIVE DATE OF THE AMENDATORY ACT THAT ADDED SUBSECTION (2) OF SECTION 209,".

3. Amend page 5, line 1, after "(M)" by inserting "UNTIL 2 YEARS AFTER THE EFFECTIVE DATE OF THE AMENDATORY ACT THAT ADDED SUBSECTION (2) OF SECTION 209,".

4. Amend page 10, line 1, after "(4)" by inserting "UNTIL 2 YEARS AFTER THE EFFECTIVE DATE OF THE AMENDATORY ACT THAT ADDED SUBSECTION (2) OF SECTION 209,".

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

Rep. Anderson demanded the yeas and nays.

The demand was supported.

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

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

Roll Call No. 58 Yeas--52

Adamini Drolet Lockwood Rocca

Anderson Garza McConico Schauer

Basham Gieleghem Middaugh Schermesser

Bernero Gosselin Minore Spade

Bogardus Hale Murphy Stallworth

Bovin Hansen Neumann Switalski

Brown, R. Hardman O'Neil Thomas

Callahan Jacobs Pestka Waters

Caul Jamnick Phillips Whitmer

Clark, I. Kolb Plakas Williams

Clarke, H. Kooiman Quarles Wojno

Daniels Lemmons Rison Woodward

Dennis Lipsey Rivet Zelenko

Nays--47

Allen Gilbert Kuipers Sheltrown

Bisbee Godchaux LaSata Shulman

Bishop Hager Mead Stamas

Bradstreet Hart Meyer Stewart

Brown, C. Howell Mortimer Toy

Cassis Hummel Newell Van Woerkom

DeRossett Jansen Pappageorge Vander Roest

DeVuyst Jelinek Patterson Vander Veen

DeWeese Johnson, Rick Pumford Vear

Ehardt Johnson, Ruth Richardville Voorhees

Faunce Julian Richner Woronchak

George Kowall Shackleton

In The Chair: Ehardt

Rep. Scranton moved to reconsider the vote by which the House adopted the amendment offered previously by Rep. Gilbert.

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

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

Rep. Scranton demanded the yeas and nays.

The demand was supported.

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

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

Roll Call No. 59 Yeas--50

Allen George Kuipers Sheltrown

Birkholz Gilbert Mead Shulman

Bisbee Gosselin Meyer Stamas

Bishop Hager Middaugh Stewart

Bovin Hart Mortimer Tabor

Bradstreet Howell Newell Toy

Brown, C. Hummel Pappageorge Van Woerkom

Cassis Jansen Patterson Vander Roest

Caul Jelinek Pumford Vander Veen

DeRossett Johnson, Rick Richardville Vear

DeVuyst Julian Richner Voorhees

Ehardt Kooiman Shackleton Woronchak

Faunce Kowall

Nays--49

Adamini Gieleghem McConico Schauer

Anderson Godchaux Minore Schermesser

Basham Hale Murphy Scranton

Bernero Hansen Neumann Spade

Bogardus Hardman O'Neil Stallworth

Clark, I. Jacobs Pestka Switalski

Clarke, H. Jamnick Phillips Thomas

Daniels Kolb Quarles Waters

Dennis LaSata Raczkowski Whitmer

DeWeese Lemmons Rison Williams

Drolet Lipsey Rivet Woodward

Frank Lockwood Rocca Zelenko

Garza

In The Chair: Ehardt

Rep. Murphy moved to amend the bill as follows:

1. Amend page 2, line 1, after "209." by striking out "(1)".

2. Amend page 2, line 13, by striking out all of subsection (2).

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

Rep. Murphy demanded the yeas and nays.

The demand was supported.

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

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

Roll Call No. 60 Yeas--42

Adamini Dennis Lemmons Rivet

Anderson DeWeese Lipsey Schauer

Basham Drolet Lockwood Schermesser

Bernero Garza McConico Stallworth

Bogardus Gieleghem Minore Thomas

Bovin Hale Murphy Waters

Brown, R. Hansen O'Neil Whitmer

Callahan Hardman Phillips Williams

Clark, I. Jacobs Quarles Woodward

Clarke, H. Jamnick Rison Zelenko

Daniels Kolb

Nays--59

Allen Godchaux Mead Sheltrown

Birkholz Gosselin Meyer Shulman

Bisbee Hager Middaugh Spade

Bishop Hart Mortimer Stamas

Bradstreet Howell Neumann Stewart

Brown, B. Hummel Newell Switalski

Brown, C. Jansen Pappageorge Tabor

Cassis Jelinek Patterson Toy

Caul Johnson, Rick Pumford Van Woerkom

DeRossett Johnson, Ruth Raczkowski Vander Roest

DeVuyst Julian Richardville Vander Veen

Ehardt Kooiman Richner Vear

Faunce Kowall Rocca Voorhees

George Kuipers Scranton Woronchak

Gilbert LaSata Shackleton

In The Chair: Ehardt

Rep. Ruth Johnson moved to amend the bill as follows:

1. Amend page 5, line 1, after "IS" by striking out the balance of the sentence and inserting "ILLEGALLY PRESENT IN THIS STATE UNDER APPLICABLE FEDERAL IMMIGRATION LAW. FOR PURPOSES OF THIS SUBDIVISION, "FEDERAL IMMIGRATION LAW" MEANS ALL LAWS, CONVENTIONS, AND TREATIES OF THE UNITED STATES RELATING TO THE IMMIGRATION, EXCLUSION, DEPORTATION, EXPULSION, OR REMOVAL OF ALIENS.".

2. Amend page 10, line 3, after "BECOMES" by striking out the balance of the subsection and inserting "ILLEGALLY PRESENT IN THIS STATE UNDER APPLICABLE FEDERAL IMMIGRATION LAW, WHICHEVER OCCURS FIRST. FOR PURPOSES OF THIS SUBSECTION, "FEDERAL IMMIGRATION LAW" MEANS ALL LAWS, CONVENTIONS, AND TREATIES OF THE UNITED STATES RELATING TO THE IMMIGRATION, EXCLUSION, DEPORTATION, EXPULSION, OR REMOVAL OF ALIENS.".

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

Reps. Scranton and Kuipers moved to amend the bill as follows:

1. Amend page 11, line 4, after "COUNTRY" by inserting a comma and "IF THEY MEET AMERICAN ASSOCIATION OF MOTOR VEHICLE ADMINISTRATORS STANDARDS".

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

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

The motion prevailed.

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

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

By unanimous consent the House returned to the order of

Third Reading of Bills

House Bill No. 5497, entitled

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

Roll Call No. 61 Yeas--74

Allen George Mead Shackleton

Anderson Gieleghem Meyer Sheltrown

Basham Gilbert Middaugh Shulman

Birkholz Godchaux Mortimer Spade

Bisbee Gosselin Neumann Stamas

Bishop Hager Newell Stewart

Bovin Hart O'Neil Switalski

Bradstreet Howell Pappageorge Tabor

Brown, B. Hummel Patterson Toy

Brown, C. Jansen Pestka Van Woerkom

Brown, R. Jelinek Plakas Vander Roest

Callahan Johnson, Rick Pumford Vander Veen

Cassis Johnson, Ruth Raczkowski Vear

Caul Julian Richardville Voorhees

DeRossett Kooiman Richner Wojno

DeVuyst Kowall Rivet Woodward

Ehardt Kuipers Rocca Woronchak

Faunce LaSata Scranton Zelenko

Frank Lockwood

Nays--30

Bernero Garza Lipsey Schauer

Bogardus Hale McConico Schermesser

Clark, I. Hansen Minore Stallworth

Clarke, H. Hardman Murphy Thomas

Daniels Jacobs Phillips Waters

Dennis Jamnick Quarles Whitmer

DeWeese Kolb Rison Williams

Drolet Lemmons

In The Chair: Ehardt

The House agreed to the title of the bill.

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

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

Reps. Jacobs, Schauer, Whitmer, Bernero, McConico and Phillips moved that their names be removed as co-sponsors of the bill.

The motion prevailed.

Reps. Mortimer, Scranton, Stamas and Vander Veen were named co-sponsors of the bill.

______

Reps. Phillips, Hale, Williams, Jacobs, Minore, Clark, Daniels, Lipsey, Hardman, Murphy, Whitmer, Lemmons and Waters, having reserved the right to explain their protest against the passage of the bill, made the following statement:

"Mr. Speaker and members of the House:

I voted no on HB 5497(H-1) because it would require Secretary of State workers to report people to the federal government, transforming these state employees into auxiliary federal INS agents. Especially given the complexity of determining whether a person is in this country "lawfully," this provision is likely to result in instances of racial and ethnic profiling by Secretary of State workers. It will also discourage certain persons, such as those who speak with an accent, from going to the Secretary of state to apply for or renew their current driver's licenses. The presence of this bill in the anti-terrorism package underscores the need for passage of legislation to prohibit racial profiling.

This is a package of sixty bills. This bill represents only a small piece of the overall package and is unlikely to make any positive change to our current licensing system. Furthermore, if passed with the current language, HB 5497 would place a burden on the office of the Secretary of State that they are ill-equipped to handle.

Secretary of State employees, no matter how dedicated, are not trained or equipped to handle the sorts of complex issues that are regulated by an entire federal government agency. The fact of the matter is that Secretary of State employees are not Immigration and Naturalization (INS) workers.

The Office of the Secretary of State is already facing budget cuts and branch offices are being closed throughout the state. Without training and resources for these efforts, this bill will only cause a flood of new problems and inefficiencies for people visiting Secretary of State branch offices."

Rep. Jamnick, having reserved the right to explain her protest against the passage of the bill, made the following statement:

"Mr. Speaker and members of the House:

I voted no on this bill today and the following are my comments. It is most difficult to ever sanction any person here in our Country and State as illegal or unlawful, but a person's status here is an immigration enforcement issue. My experience in government has been that we are generally reactive rather than proactive, which is not necessarily wrong, but the reaction must always be well thought through, which unfortunately is were I believe we are with this bill, however well intended it might be. In testimony before our Transportation Committee earlier this week, we are told the existing secretary of state administrative process deals with the question of a question of a person's documentation. If one of her employees questions what information is presented to them, it is referred to her enforcement division to investigate and handle. Since coming to the House, we have continually spoke about the importance of the agriculture industry to our State and have many times had legislation before us to be sure agriculture remains the 2nd or 3rd largest industry in Michigan. This bill in my opinion doesn't reflect supporting the agriculture industry in our State. We may solve one problem, but we clearly are going to be exacerbating problems relating to migrant workers not only in this industry, but Michigan's construction industry as well. Some would say this is a problem within the Latino community, but it deals with peoples of all nationalities coming to our Country and State. We are currently experiencing new populations of immigrants into some f our urban centers making them viable communities once again. At the conclusion of our committee meeting this week, the Chair requested some of us to work with interested parties to see if we could meet to find a workable solution. Please vote no today and give this work group a chance to accomplish that goal. "

Rep. Bogardus, having reserved the right to explain her protest against the passage of the bill, made the following statement:

"Mr. Speaker and members of the House:

I voted no on this bill because it will not stop terrorists, those who participated in the Sept. 11 bombing were actually here legally or had been under visa's when they applied for their license. It will increase the number of unlicensed drivers on our roads. If these drivers are involved in an accident they will be uninsured so the cost of our no fault insurance will go up.This bill will place a function of the INS in the Secretary of State's office where employees are not trained for this function and will encourage racial profiling. We do need to protect our citizens with any means possible but this bill is not one of those means."

Rep. Schauer, having reserved the right to explain his protest against the passage of the bill, made the following statement:

"Mr. Speaker and members of the House:

While I strongly support efforts to protect Michigan and the United States, I voted no on HB 5497 (H-1) because in a rush to pass necessary anti-terrorism legislation, there will be unintended consequences that could have been avoided by taking more time with this bill. This is a package of 60 bills. This bill represents only a small piece of the overall package and is unlikely to make any positive change to our current licensing system. Furthermore, if passed with the current language, HB 5497 would place a burden on the office of the Secretary of State that they are ill-equipped to handle.In considering my vote on HB 5497, I am compelled by the testimony of the Michigan Catholic Conference and the Diocese of Kalamazoo. They say that this bill will not accomplish its intended purpose. It will not drive undocumented persons out of Michigan. They are persons with homes, jobs, and families and are making substantial contributions to our communities. Depriving them of a drivers license will just make their lives and their children's lives more difficult. It will also result in an increased threat to the safety of all our people and increased auto insurance costs. This bill will also have negative consequences for Michigan's agriculture industry. In the Diocese of Kalamazoo, there are 20,000 migrants working each year in area fields and orchards. Many of these are undocumented immigrants."

Rep. Schermesser, having reserved the right to explain her protest against the passage of the bill, made the following statement:

"Mr. Speaker and members of the House:

While I support efforts to protect both Michigan and the United States, I voted no because in the rush to pass necessary anti-terrorism legislation, there is some unintended consequences that could have been avoided by taking a little more time with this bill. There is also the concern on the impact on our agriculture industry.

We will be giving up a process that has proved to be successful in tracking persons in Michigan. This is undue hardship to Michigan families.

If we are really interested in terrorism we should realize that this is a immigration bill not a terrorist bill, we have 42 classifications of visas. We need to address illegal ID's, birth certificates and documentation in our state. I stand strong in protecting Michigan residents and stand ready to work on this issue."

Rep. Kolb, having reserved the right to explain his protest against the passage of the bill, made the following statement:

"Mr. Speaker and members of the House:

House Bill 5497 will not increase our safety, but it will negatively impact residents of Michigan. It will negatively impact our farmers and the workers that help to harvest our annual crops. It will increase the number of unlicensed drivers and uninsured drivers on our Michigan Roads."

Rep. Dennis, having reserved the right to explain her protest against the passage of the bill, made the following statement:

"Mr. Speaker and members of the House:

I voted no on HB 5497 for several reasons. First, this bill has been around for a long time. The bill was not written as a result of the terrorist attack on 9/11. It will not achieve its goal of tracking terrorists that are undocumented. We must remember that the terrorists that were here on 9/11 actually were documented legally to begin with. I believe that the more documentation we have on people, the better we are able to track them down. Secondly, this bill turns the Secretary of State's office into an INS office. In my community, we have just had one office closed due to budget cuts and now we are asking them to take on the additional responsibility of tracking undocumented individuals in this state. I don't think the state is prepared to take on the additional training and information costs to the local branches.Third, we have to remember that there are numerous undocumented persons in Michigan that have lived, worked and raised families here for many years. They comprised a large percentage of the agricultural workforce both in Michigan and nationally, are involved in other industries, and pay millions of dollars in taxes, be it the income tax, sales tax, or Social Security tax.Lastly, this bill, given the complexity of determining whether a person is in this country 'lawfully,' is likely to result in instances of racial and ethnic profiling by Secretary of State workers.Therefore, Mr. Speaker, and colleagues I voted no!"

Rep. Drolet, having reserved the right to explain his protest against the passage of the bill, made the following statement:

"Mr. Speaker and members of the House:

In our zeal to rid the nation of terrorists who are here illegally, were are adopting legislation that will harass migrant workers and the Michigan agricultural community that cannot survive without them. This state is the nation's 4th largest user of migrant labor. Nearly all of them are of Mexican decent. Though there is an intense national debate raging over Mexican immigration, legal and otherwise, no serious person would suggest that Mexico is exporting terrorists into Michigan. Whether intentional or not, the propriety of Mexican immigration has been mixed up with the prevention of terrorism, and it is producing bad results.

My concerns on this matter might have been alleviated by a proposal that was previously attached to this bill. At one point, this legislation would have granted legal standing to Mexican driver's licenses, similar to the status granted to Canadian driver's licenses. Unfortunately, we have now removed that sensible proposal, implicitly but irrationally indicating that we consider Mexico to be a point of concern regarding the fight against terrorists.

We cast aside our chance to demonstrate that this bill is not directed at Mexicans. What remains is a so-called 'anti-terrorism' bill that will cast a dragnet more likely to ensnare cherry pickers than suicide bombers. While our migrant workers make very little money, our terrorist enemies have demonstrated an ability to raise and use substantial sums of money. If middle class high school kids find ways to get falsified Michigan driver's licenses, then well-heeled suicide bombers won't have any trouble either. This bill will harass the Mexican migrants and Michigan farms that keep America strong. It will do little or nothing to stop the terrorist visitor who wants to make Americans die.

Illegal immigration, and the level of legal immigration, are pressing matters that need to be addressed. Our immigration policy is a mess due in large measure to bad legislation passed with noble intentions and little common sense. This bill is an immigration bill, not a terrorism bill. It will make an even greater mess of our immigration policy, and will do little to solve our terrorism problem."

Notices

I hereby give notice that on the next legislative session day I will move to reconsider the vote by which the House passed House Bill No. 5497.

Rep. Garza

By unanimous consent the House returned to the order of

Motions and Resolutions

By unanimous consent the House considered House Resolution No. 315 out of numerical order.

Rep. Allen offered the following resolution:

House Resolution No. 315.

A resolution to express support for the Riverview Trenton Railroad Company in its current rail operation and expansion opportunities as an intermodal facility that furthers the national transportation policy by improving competitive transportation solutions, offering needed rail options and maximizing the economic competitiveness of Michigan.

Whereas, Riverview Trenton Railroad Company and its intermodal proposal allows for and supports the American and Canadian Heritage River Initiative and the first International Wildlife Refuge in North America, located along the Detroit River, which was designated by President Bush on December 21, 2001; and

Whereas, The proposed project allows for and supports work of the state and local communities along the Detroit River over many years to improve the appearance of the land along the banks of the river. It would preserve and restore the river and the land adjacent to it as important public purpose and recreational opportunity along the river's bank; and

Whereas, The importation of municipal waste has been an emotionally charged issue for Michigan communities, Riverview Trenton Railroad Company has absolutely no involvement in this industry and its facility is incapable of accommodating any garbage destined for landfills operated in communities in Michigan. Riverview Trenton Railroad Company has openly declared to local public bodies and all interested parties that the operation of its rail line and intermodal facility cannot be used for such purposes; and

Whereas, The very nature of Riverview Trenton Railroad Company operation has the positive effect of reducing congestion and improving air quality by reducing truck miles and increasing rail miles; and

Whereas, Riverview Trenton Railroad Company was incorporated under the Michigan Railroad Corporation Act of 1993; and

Whereas, Riverview Trenton Railroad Company and its affiliates have endeavored to offer the shipping public quality transportation solutions in a variety of transportation modes; and

Whereas, Riverview Trenton Railroad Company properly initiated the process of developing a railroad operation and has begun operating an intermodal facility to offer services to the shipping public on property that it lawfully acquired. The site is formerly known as the McLouth Steel Company in the Michigan communities of Riverview and Trenton in the County of Wayne, on the Detroit River; and

Whereas, The property acquired for Riverview Trenton Railroad Company's intermodal development has historically operated as railroad property and continues to be accessible for rail interchange by three Class I rail carriers, providing entry to the national rail network over the grade separated rail crossing at King Road in the City of Trenton; and

Whereas, The development includes a full rail operation in conjunction with an intermodal transfer facility to be located on site, transferring freight between truck and rail. Riverview Trenton Railroad Company intends to operate as a common carrier in interstate commerce, transporting the cargo tendered to it by any shipper; and

Whereas, Riverview Trenton Railroad Company has filed with the United States Department of Transportation Surface Transportation Board a Notice of Exemption and Petition for Exemption, along with additional information requested by the nonpartisan, decisional independent body; and

Whereas, In conjunction with the filings of Riverview Trenton Railroad Company, the Section on Environmental Analysis of the Surface Transportation Board has prepared an Environmental Assessment to document the environmental impacts, if any, associated with the Riverview Trenton Railroad Company's rail facility. The preliminary Environmental Analysis was completed on October 15, 2001, and provided for the receipt of comments by the Section on Environmental Analysis the public. Those recommendations, including mitigation measures, including specifically concerns regarding emergency response vehicles, have been submitted to the Surface Transportation Board in anticipation of a final acknowledgment of the filings; and

Whereas, In conducting environmental reviews, the Surface Transportation Board adheres to the requirements of the National Environmental Policy Act and the implementing regulations of the Council on Environmental Quality and other related environmental statutes and regulations that the Surface Transportation Board has established; and

Whereas, During its environmental review, the Section on Environmental Analysis did not identify any significant impact resulting from the intermodal transportation facility proposed by Riverview Trenton Railroad Company. In fact, the extensive environmental review determined that the proposed rail operation would have some positive effects on the environment; and

Whereas, Riverview Trenton Railroad Company has endeavored to continuously work with the appropriate public officials in the communities of Riverview and Trenton and in the County of Wayne regarding the development of the intermodal facility, seeking to advise the communities as appropriate and incorporate suggestions into the design of the rail operation and use of the waterfront property for public purpose; and

Whereas, Riverview Trenton Railroad Company has communicated its desire to make land adjacent to the Detroit River and not utilized for its rail facility available to be dedicated to a public purpose in furtherance of the Riverview and Trenton's unique goals; and

Whereas, Riverview Trenton Railroad Company has made no secret of its initiative to offer cost efficient intermodal rail service options to Michigan's largest job providers and to develop the proposed facility in a manner that respects the stated goals of the region;

Whereas, A deep-water port exists on the site, which was formerly owned by McLouth Steel Company, and has been used extensively throughout the years. Despite this historic fact, the Riverview Trenton Railroad Company has no current plans to use the deep water port in its operations; and

Whereas, Riverview Trenton Railroad Company has pledged to continue to work with the appropriate local bodies and to forge a working relationship to maximize the benefits of its intermodal operation; and

Whereas, On balance, the benefits to the region and the goals of the national transportation policy are advanced by the proposed operation of Riverview Trenton Railroad; and

Whereas, Riverview Trenton Railroad Company has already expended millions of dollars to clean up lands from unusable, contaminated levels to safe industrial standards; and

Whereas, the Riverview Trenton Railroad Company proposal is expected to create hundreds of new jobs and support directly and indirectly thousands of local jobs; and

Whereas, Riverview Trenton Railroad Company will be investing several million dollars into new facilities, enhancing the region's transportation system. This is consistent with Michigan's own agenda regarding intermodal transportation; now, therefore, be it

Resolved by the House of Representatives, That we support the objective decision regarding the development of the Riverview Trenton Railroad Company as embodied in its Notice of Exemption (Finance Docket No. 33980) and Petition for Exemption (Finance Docket No. 34040) currently before the United States Department of Transportation Surface Transportation Board without delay; and be it further

Resolved, That this resolution be considered the official position of the Michigan House of Representatives; and be it further

Resolved, That copies of this resolution be transmitted to the United States Department of Transportation Surface Transportation Board.

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,

Rep. Patterson demanded the yeas and nays.

The demand was supported.

The question being on the adoption of the resolution,

Rep. Woodward moved that consideration of the resolution be postponed for the day.

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

Rep. Woodward demanded the yeas and nays.

The demand was supported.

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

The motion did not prevail, a majority of the members present not voting therefor, by yeas and nays, as follows:

Roll Call No. 62 Yeas--24

Anderson Clark, I. Hansen Neumann

Basham Clarke, H. Hardman Phillips

Bogardus Daniels Jamnick Rison

Brown, B. Dennis Lemmons Spade

Callahan Gieleghem McConico Wojno

Caul Hale Mead Woodward

Nays--68

Adamini Howell Minore Shackleton

Allen Hummel Mortimer Sheltrown

Bernero Jacobs Murphy Shulman

Birkholz Jansen Newell Stamas

Bishop Jelinek O'Neil Stewart

Brown, C. Johnson, Rick Pappageorge Switalski

Cassis Johnson, Ruth Patterson Tabor

DeRossett Julian Plakas Thomas

Drolet Kolb Pumford Toy

Ehardt Kooiman Quarles Van Woerkom

Faunce Kowall Raczkowski Vander Roest

Frank Kuipers Richardville Vander Veen

Garza LaSata Rivet Vear

Gilbert Lipsey Rocca Voorhees

Godchaux Lockwood Schauer Whitmer

Hager Meyer Schermesser Williams

Hart Middaugh Scranton Zelenko

In The Chair: Ehardt

The question being on the adoption of the resolution,

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

Roll Call No. 63 Yeas--30

Allen Frank Julian Shackleton

Bisbee Garza Kooiman Stamas

Bishop Gilbert Kuipers Tabor

Bradstreet Gosselin Lemmons Thomas

Brown, C. Hardman McConico Vander Veen

Caul Hummel Mead Vear

Daniels Johnson, Rick Richner Waters

DeWeese Johnson, Ruth

Nays--70

Adamini Gieleghem Minore Schermesser

Anderson Godchaux Mortimer Scranton

Basham Hager Murphy Sheltrown

Bernero Hale Newell Shulman

Bogardus Hansen O'Neil Spade

Bovin Hart Pappageorge Stewart

Brown, B. Howell Patterson Switalski

Brown, R. Jacobs Pestka Toy

Callahan Jamnick Phillips Van Woerkom

Cassis Jansen Pumford Vander Roest

Clark, I. Jelinek Quarles Voorhees

Clarke, H. Kolb Raczkowski Whitmer

Dennis Kowall Richardville Williams

DeRossett LaSata Rison Wojno

Drolet Lipsey Rivet Woodward

Ehardt Lockwood Rocca Woronchak

Faunce Meyer Schauer Zelenko

George Middaugh

In The Chair: Ehardt

______

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

The motion prevailed.

Rep. Shulman offered the following resolution:

House Resolution No. 313.

A resolution proclaiming April 19th as Patriot's Day in the state of Michigan.

Whereas, April 19th marks the day in 1775 when the towns of Lexington and Concord were marched upon by British regulars in an effort to confiscate local militias' munitions; and

Whereas, The result was the " shot heard around the world" and the rout of the redcoats; and

Whereas, The states of Massachusetts, Maine, and Wisconsin observe April 19th as Patriot's Day each year; and

Whereas, Unlike the celebrations of July 4th, Patriot's Day serves to remind citizens of our revolution and the sacrifices endured during that eight-year struggle. It commemorates the War of the American Revolution and the struggle through which the nation passed in its early days; now, therefore, be it

Resolved by the House of Representatives, That the members of this legislative body proclaim April 19th as Patriot's Day in the state of Michigan; and be it further

Resolved, That a copy of this resolution be transmitted to the Michigan Society, Sons of the American Revolution.

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. DeRossett, Kuipers, Julian, Hager, Drolet, Gosselin, Schermesser, Gilbert, Scranton, DeWeese and Pumford offered the following resolution:

House Resolution No. 314.

A resolution to memorialize the Congress of the United States and the Immigration and Naturalization Service to determine the appropriateness of increasing the number of visas for temporary agricultural workers.

Whereas, The tragic events of September 11, 2001, have caused us to reexamine a host of policies and practices to do all we can to increase the security of our state and nation. Because of the magnitude of the attacks and the fact that the murderers plotted the attacks over a long period of time, much of which was undertaken by people in this country illegally, we are now making greater efforts to address the issue of aliens who are here illegally; and

Whereas, As the issue of immigration is closely examined, it is imperative that our nation remember the vitally important role that law-abiding aliens play in our country. Temporary workers meet a necessary and productive need in many sectors of our economy. This is most apparent in the area of agriculture. Michigan, which benefits greatly from the efforts of seasonal agricultural workers, especially from Mexico, is keenly aware of how much these workers contribute to our state; and

Whereas, The country's policies toward temporary agricultural workers need to be assessed in the context of the importance of these people to our nation. The current number of visas for temporary agricultural workers may not be sufficient. If this number is too low, it may have the effect of increasing the number of aliens here without documentation, even though seasonal farm workers would rather be here by following all of the regulations. Making the process of gaining the proper visa smoother and increasing the number of these workers who can be here lawfully may well benefit the economy as well as increase national security; now, therefore, be it

Resolved by the House of Representatives, That we memorialize the Congress of the United States and the Immigration and Naturalization Service to determine the appropriateness of increasing the number of visas for temporary agricultural workers; and be it further

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

The resolution was referred to the Committee on Agriculture and Resource Management.

Reps. Gosselin, Kowall, Hummel, Julian, Gilbert, Wojno, Stewart, Kooiman, Middaugh, Vear, Drolet, Pappageorge, Voorhees, Mans, Vander Roest, Ehardt, Stamas, DeWeese, Cassis, Meyer, Richardville, Rocca, DeVuyst, Van Woerkom, Faunce, Mead, Vander Veen, Birkholz, Hager, Kuipers, Sheltrown, DeRossett, Zelenko, Caul, Bishop, Cameron Brown and Raczkowski offered the following concurrent resolution:

House Concurrent Resolution No. 56.

A concurrent resolution to call on the Michigan Capitol Committee to provide for the prominent permanent display of our national motto, "In God We Trust," at the state capitol.

Whereas, America draws great strength from our national images and symbols. While it has always been true that the national anthem, our flag, and other expressions of patriotism unify our people, this has been especially true during times of crisis and challenge. The recent rekindling of pride in our country and love for our shared ideals are evident today in so many ways across our state and nation; and

Whereas, Our national motto, "In God We Trust," has been part of our character since the days of the Civil War, when the phrase first appeared on some of our coins. These four words remind all Americans of a history that includes references to "the protection of Divine Providence" in the earliest formal expression of who we are as a people, our Declaration of Independence; and

Whereas, "In God We Trust" became our national motto in 1956 (P.L. 84-140). Michigan recently enacted 2001 PA 184 to encourage state agencies to display the national motto on public buildings; and

Whereas, In addition to the historic significance of our national motto, it also reflects the spiritual quality of the majority of our citizens. It eloquently reminds us that there are higher powers than any single individual. This is clearly a fitting message for the thousands of people who come to the state capitol, Michigan's grand symbol of government, to work, monitor state affairs, or visit. Posting our national motto in a prominent place in our most important state building is an action that is long overdue; now, therefore, be it

Resolved by the House of Representatives (the Senate concurring), That we call on the Michigan Capitol Committee to provide for the prominent permanent display of our national motto, "In God We Trust," at the state capitol; and be it further

Resolved, That copies of this resolution be transmitted to the Michigan Capitol Committee.

The concurrent resolution was referred to the Committee on House Oversight and Operations.

Notices

February 7, 2002

Mr. Gary L. Randall, Clerk

House of Representatives

State Capitol Building

Lansing, Michigan 48913

Dear Mr. Randall:

This letter is to notify you that the Consumer and Industry Services/Department of Career Development/Michigan Strategic Fund Agency/History, Arts and Libraries Subcommittee of Appropriations is hereby dissolved.

The Michigan Economic Development Corporation/Department of Career Development/Strategic Fund Subcommittee of Appropriations is hereby created. Representative Sandy Caul will serve as Chair, Representative Gary Newell as Vice-Chair, and Representative Jerry Vander Roest, Representative Ron Jelinek, Representative Patricia Lockwood and Representative A.T. Frank as members. In addition, Representative Mike Bishop and Representative Joe Rivet are appointed to serve as crossover representatives from the Standing Committee on Commerce.

The Consumer and Industry Services/History, Arts and Libraries Subcommittee of Appropriations is hereby created. Representative Mark Shulman will serve as Chair, Representative Charles LaSata as Vice-Chair, and Representative Tony Stamas, Representative Ron Jelinek, Representative Patricia Lockwood and Representative A.T. Frank as members. In addition, Representative Mike Bishop and Representative Joe Rivet are appointed to serve as crossover representatives from the Standing Committee on Commerce.

Representative Mark Shulman is removed from the Appropriations Subcommittee on Judiciary and Representative Jerry Kooiman is appointed to the Appropriations Subcommittee on Judiciary.

Thank you for your attention to this matter.

Sincerely,

Rick Johnson

Speaker of the House

______

Rep. Bishop moved that the House adjourn.

The motion prevailed, the time being 3:50 p.m.

Associate Speaker Pro Tempore Ehardt declared the House adjourned until Tuesday, February 12, at 2:00 p.m.

GARY L. RANDALL

Clerk of the House of Representatives.

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