No. 15

STATE OF MICHIGAN

JOURNAL

OF THE

House of Representatives

91st Legislature


REGULAR SESSION OF 2002


House Chamber, Lansing, Wednesday, February 20, 2002.

 

2:00 p.m.

 

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

 

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

 

 

Adamini--present

Allen--present

Anderson--present

Basham--present

Bernero--present

Birkholz--present

Bisbee--present

Bishop--present

Bogardus--present

Bovin--present

Bradstreet--present

Brown, Bob--present

Brown, Cameron--present

Brown, Rich--present

Callahan--present

Cassis--present

Caul--present

Clark--present

Clarke--present

Daniels--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--present

Kolb--present

Kooiman--present

Kowall--present

Kuipers--present

LaSata--present

Lemmons--present

Lipsey--present

Lockwood--present

Mans--present

McConico--excused

Mead--present

Meyer--present

Middaugh--present

Minore--excused

Mortimer--present

Murphy--present

Neumann--present

Newell--present

O'Neil--present

Pappageorge--present

Patterson--present

Pestka--present

Phillips--present

Plakas--present

Pumford--present

Quarles--present

Raczkowski--present

Reeves--present

Richardville--present

Richner--present

Rison--e/d/s

Rivet--present

Rocca--present

Schauer--present

Schermesser--present

Scranton--e/d/s

Shackleton--present

Sheltrown--present

Shulman--present

Spade--present

Stallworth--excused

Stamas--present

Stewart--present

Switalski--present

Tabor--present

Thomas--present

Toy--present

Van Woerkom--present

Vander Roest--present

Vander Veen--present

Vear--present

Voorhees--present

Waters--present

Whitmer--present

Williams--present

Wojno--present

Woodward--present

Woronchak--present

Zelenko--present

 

 

 

 

e/d/s = entered during session

Dr. Rex Rogers, President of Cornerstone University in Grand Rapids, offered the following invocation:

 

"Our Father in heaven, we thank You that we can come before You today. You are a good and gracious God, worthy of our praise. Father, we thank You for the opportunity and the privilege to live in a free country based on the rule of law...we don't take that lightly. Father, we pray especially today, as we ask for Your blessing and Your hand upon this body as they deal with the law...as they consider that a high calling. We thank You for each one and we pray for Your blessing upon their individual lives. In Christ's name we pray. Amen."

 

 

______

 

 

Rep. Jacobs moved that Reps. McConico and Stallworth be excused from today's session.

The motion prevailed.

 

 

Messages from the Senate

 

 

The Speaker laid before the House

House Bill No. 5392, entitled

A bill to amend 1927 PA 175, entitled "The code of criminal procedure," by amending section 11 of chapter XVII (MCL 777.11), as amended by 2001 PA 154, and by adding sections 11a, 11b, 11c, 11d, and 11e to chapter XVII.

(The bill was received from the Senate on February 14, with substitute (S-1), title amendment and immediate effect given by the Senate, consideration of which, under the rules, was postponed until February 19, see House Journal No. 13, p. 246.)

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

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

 

 

Roll Call No. 106 Yeas--101

 

 
AdaminiFrankKuipersRocca
AllenGarzaLaSataSchauer
AndersonGeorgeLemmonsSchermesser
BashamGieleghemLipseyShackleton
BerneroGilbertLockwoodSheltrown
BirkholzGodchauxMansShulman
BisbeeGosselinMeadSpade
BishopHagerMeyerStamas
BogardusHaleMiddaughStewart
BovinHansenMortimerSwitalski
BradstreetHardmanMurphyTabor
Brown, B.HartNeumannThomas
Brown, C.HowellNewellToy
Brown, R.HummelO'NeilVan Woerkom
CallahanJacobsPappageorgeVander Roest
CassisJamnickPattersonVander Veen
CaulJansenPestkaVear
Clarke, H.JelinekPhillipsVoorhees
DanielsJohnson, RickPlakasWaters
DennisJohnson, RuthPumfordWhitmer
DeRossettJulianRaczkowskiWilliams
DeVuystKoetjeReevesWojno
DeWeeseKolbRichardvilleWoodward
DroletKooimanRichnerWoronchak
EhardtKowallRivetZelenko

Faunce

Nays--0

 

 

In The Chair: Julian

 

 

The House agreed to the title as amended.

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

 

 

______

 

 

Rep. Scranton entered the House Chambers.

 

 

Third Reading of Bills

 

 

Senate Bill No. 180, entitled

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

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

 

 

Roll Call No. 107 Yeas--101

 

 
AdaminiFrankLaSataSchauer
AllenGarzaLemmonsSchermesser
AndersonGeorgeLipseyScranton
BashamGieleghemLockwoodShackleton
BerneroGilbertMansSheltrown
BirkholzGodchauxMeadShulman
BisbeeGosselinMeyerSpade
BishopHagerMiddaughStamas
BogardusHaleMortimerStewart
BovinHansenMurphySwitalski
BradstreetHartNeumannTabor
Brown, B.HowellNewellThomas
Brown, C.HummelO'NeilToy
Brown, R.JacobsPappageorgeVan Woerkom
CallahanJamnickPattersonVander Roest
CassisJansenPestkaVander Veen
CaulJelinekPhillipsVear
Clark, I.Johnson, RickPlakasVoorhees
Clarke, H.Johnson, RuthPumfordWaters
DanielsJulianQuarlesWhitmer
DennisKoetjeRaczkowskiWilliams
DeRossettKolbRichardvilleWojno
DeVuystKooimanRichnerWoodward
DeWeeseKowallRivetWoronchak
EhardtKuipersRoccaZelenko

Faunce

 

 

Nays--1

 

 

Drolet

 

 

In The Chair: Julian

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

"An act to revise, consolidate, codify and add to the statutes relating to crimes; to define crimes and prescribe the penalties therefor; to provide for restitution under certain circumstances; to provide for the competency of evidence at the trial of persons accused of crime; to provide immunity from prosecution for certain witnesses appearing at such trials; and to repeal certain acts and parts of acts inconsistent with or contravening any of the provisions of this act,".

The House agreed to the full title.

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

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

 

 

______

 

 

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:

This legislation is connected to a package of bills that will protect children from prostitution. Each of the other bills will provide harsher penalties for adults who engage in prostitution activity with minors. Excepting for this bill, this is a fine package of legislation and it will enhance the legal system's ability to protect some of our most vulnerable citizens. Unfortunately, this particular proposal is aimed only at adult offenders, rather than those who corrupt children. As such, it enhances an already flawed policy and drains resources away from the legitimate effort to counteract child prostitution.

Absent an explicit financial transaction, sex between consenting adults is not a felony and rarely rises to the level of misdemeanor. We don't incarcerate people for having sex. But, when a monetary agreement is added to the equation, Michigan law defines it as 'prostitution', and we prosecute the participants as criminals. Three offenses can lead to a felony conviction, and a prison sentence. This bill increases the penalties, and makes it easier to justify felony convictions. In effect, it would make prostitution a more serious crime, with more substantial consequences.

Reasonable people can differ about the legality of prostitution. Even within this nation, there are jurisdictions where it is legal and licensed by state governments. Absent draconian measures such as stoning the participants (a tactic preferred by our adversaries in the war on terrorism), a compassionate and civil society will never eradicate the practice of prostitution through legislation and criminal sanction. There are solid historical reasons why it is known as the world's oldest profession.

What reasonable people cannot differ on is the cost of prosecuting and incarcerating those who engage in these practices. Any dollar that we devote to this endeavor will detract from dollars that can be spent prosecuting drunk drivers, rapists, murderers, and various other violent and property criminals who injure clearly identifiable victims.

Regarding the present matter, stiffer sanctions for consenting adults who engage in prostitution activities will detract from resources that should be devoted toward stiffer sanctions on adults who engage children in the act of prostitution. A single prison bunk can hold only one offender, and we should set our priorities accordingly.

I strongly support and will enthusiastically endorse the rest of the bills in this package and will vote in the affirmative. Unfortunately, though doubtlessly well-intentioned, this particular bill undercuts the spirit of the rest, and should be defeated."

 

 

Second Reading of Bills

 

 

House Bill No. 5136, entitled

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

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

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

 

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

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

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

The motion prevailed.

Rep. Rison entered the House Chambers.

 

 

 

Senate Bill No. 797, entitled

A bill to amend 1946 (Ex Sess) PA 9, entitled "An act to create the Michigan veterans' trust fund, and to define who shall be eligible to receive assistance therefrom; to provide for the disbursement of the income thereof and surplus therein; to create a board of trustees, and to prescribe its powers and duties; to provide for county and district committees, and their powers, duties, and expenses; to prescribe penalties; and to make appropriations to carry out the provisions of this act," by amending section 5 (MCL 35.605).

The bill was read a second time.

 

Rep. Frank moved that the bill be referred to the Committee on Appropriations.

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

Rep. Frank demanded the yeas and nays.

The demand was supported.

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

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

 

 

Roll Call No. 108 Yeas--45

 

 
AdaminiDennisLipseySchauer
AndersonFrankLockwoodSheltrown
BashamGarzaMansSpade
BerneroGieleghemMurphySwitalski
BogardusHaleNeumannThomas
BovinHansenO'NeilWaters
Brown, B.HardmanPhillipsWhitmer
Brown, R.JacobsQuarlesWilliams
CallahanJamnickReevesWojno
Clark, I.KolbRisonWoodward
Clarke, H.LemmonsRivetZelenko

Daniels

 

 

Nays--56

 

 
AllenGeorgeKowallRocca
BirkholzGilbertKuipersScranton
BisbeeGosselinLaSataShackleton
BishopHagerMeadShulman
BradstreetHartMeyerStamas
Brown, C.HowellMiddaughStewart
CassisHummelMortimerTabor
CaulJansenNewellToy
DeRossettJelinekPappageorgeVan Woerkom
DeVuystJohnson, RickPattersonVander Roest
DeWeeseJohnson, RuthPumfordVander Veen
DroletJulianRaczkowskiVear
EhardtKoetjeRichardvilleVoorhees
FaunceKooimanRichnerWoronchak

 

 

In The Chair: Julian

 

 

 

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

The motion prevailed.

House Bill No. 5611, entitled

A bill to amend 1895 PA 16, entitled "An act requiring the secretary of state and the deputy secretary of state and the private secretary and executive clerk of the governor to give bonds for the faithful discharge of their official duties," by amending section 1 (MCL 15.51).

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.

 

 

House Bill No. 5612, entitled

A bill to amend 1958 PA 204, entitled "An act to fix the compensation and mileage of constitutional convention delegates," by amending section 3 (MCL 2.53).

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.

 

 

House Bill No. 5613, entitled

A bill to amend 1872 PA 62, entitled "An act regulating trials of impeachment and providing for the expenses thereof," by amending section 15 (MCL 6.15).

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.

 

 

House Bill No. 5614, entitled

A bill to amend 1901 PA 6, entitled "An act to provide for the employment of clerks or assistants in the executive office of this state," by amending section 1 (MCL 10.11).

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.

 

 

House Bill No. 5615, entitled

A bill to amend 1846 RS 12, entitled "Of certain state officers," by amending section 36 (MCL 15.36).

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.

 

 

Senate Bill No. 796, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending sections 1902, 1903, and 1904 (MCL 324.1902, 324.1903, and 324.1904), section 1902 as amended by 1996 PA 134 and sections 1903 and 1904 as added by 1995 PA 60, and by adding section 1907a.

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

The substitute (H-2) 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. 798, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending section 74119 (MCL 324.74119), as added by 1995 PA 58.

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

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

 

Rep. Frank moved that the bill be referred to the Committee on Appropriations.

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

Rep. Frank demanded the yeas and nays.

The demand was supported.

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

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

Roll Call No. 109 Yeas--40

 

 
AdaminiFrankLipseySchauer
BashamGarzaLockwoodSpade
BerneroGieleghemMansSwitalski
BogardusHaleMurphyThomas
BovinHansenNeumannWaters
Brown, R.HardmanPhillipsWhitmer
CallahanJacobsQuarlesWilliams
Clark, I.JamnickReevesWojno
Clarke, H.KolbRisonWoodward
DennisLemmonsRivetZelenko

 

 

Nays--60

 

 
AllenFaunceKooimanRichner
AndersonGeorgeKowallRocca
BirkholzGilbertKuipersScranton
BisbeeGodchauxLaSataShackleton
BishopGosselinMeadShulman
BradstreetHagerMeyerStamas
Brown, B.HartMiddaughStewart
Brown, C.HowellMortimerTabor
CassisHummelNewellToy
CaulJansenO'NeilVan Woerkom
DeRossettJelinekPappageorgeVander Roest
DeVuystJohnson, RickPattersonVander Veen
DeWeeseJohnson, RuthPumfordVear
DroletJulianRaczkowskiVoorhees
EhardtKoetjeRichardvilleWoronchak

 

 

In The Chair: Julian

 

 

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

The motion prevailed.

 

 

Senate Bill No. 799, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending section 43902 (MCL 324.43902), as amended by 2000 PA 69.

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 adopted, a majority of the members serving voting therefor.

 

Rep. Frank moved that the bill be referred to the Committee on Appropriations.

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

Rep. Frank demanded the yeas and nays.

The demand was supported.

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

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

 

 

Roll Call No. 110 Yeas--44

 

 
AdaminiDennisLipseyRivet
AndersonFrankLockwoodSchauer
BashamGarzaMansSheltrown
BerneroGieleghemMurphySpade
BogardusHaleNeumannSwitalski
BovinHansenO'NeilThomas
Brown, B.HardmanPestkaWhitmer
Brown, R.JacobsPhillipsWilliams
CallahanJamnickQuarlesWojno
Clark, I.KolbReevesWoodward
Clarke, H.LemmonsRisonZelenko

 

 

Nays--57

 

 
AllenGilbertKowallRocca
BirkholzGodchauxKuipersScranton
BisbeeGosselinLaSataShackleton
BishopHagerMeadShulman
BradstreetHartMeyerStamas
Brown, C.HowellMiddaughStewart
CassisHummelMortimerTabor
CaulJansenNewellToy
DeRossettJelinekPappageorgeVan Woerkom
DeVuystJohnson, RickPattersonVander Roest
DeWeeseJohnson, RuthPumfordVander Veen
DroletJulianRaczkowskiVear
EhardtKoetjeRichardvilleVoorhees
FaunceKooimanRichnerWoronchak

George

 

 

In The Chair: Julian

 

 

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

The motion prevailed.

 

 

Senate Bill No. 800, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending section 43704 (MCL 324.43704), as amended by 2001 PA 50.

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 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. 801, entitled

A bill to amend 1984 PA 22, entitled "Michigan civilian conservation corps act," by amending section 12a (MCL 409.312a), as added by 1994 PA 394.

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 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 Joint Resolution T, entitled

A joint resolution proposing an amendment to the state constitution of 1963, by amending sections 19 and 35, section 36 related to the Michigan state parks endowment fund, and section 37 of article IX, to eliminate certain

investment restrictions for certain state funds, to increase the accumulated principal limitation of the Michigan natural resources trust fund, to modify provisions of the Michigan natural resources trust fund and the state parks endowment fund related to their allowable expenditures and the investment of their assets, to provide for the investment of the assets of the Michigan veterans' trust fund, and to renumber certain sections.

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

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

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

The motion prevailed.

 

 

Senate Bill No. 692, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending sections 36105, 36106, 36109, 36111, and 36206 (MCL 324.36105, 324.36106, 324.36109, 324.36111, and 324.36206), sections 36105 and 36106 as amended by 1996 PA 233, section 36109 as amended by 2000 PA 421, and section 36111 as amended and section 36206 as added by 2000 PA 262.

Was read a second time, and the question being on the adoption of the proposed amendments previously recommended by the Committee on Land Use and Environment (for amendments, see House Journal No. 14, p. 273),

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

 

Rep. Gieleghem moved to amend the bill as follows:

1. Amend page 21, following line 24, section 36111a(1)(b)(iii)(A), after the second "FARMLAND" by inserting "OF COMPARABLE OR BETTER QUALITY".

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

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

The motion prevailed.

 

 

Senate Bill No. 1029, entitled

A bill to amend 1931 PA 328, entitled "The Michigan penal code," by amending sections 449, 450, and 462 (MCL 750.449, 750.450, and 750.462).

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.

 

 

______

 

 

Rep. Newell moved that Rep. Hansen be excused from the balance of today's session.

The motion prevailed.

 

By unanimous consent the House returned to the order of

Third Reading of Bills

 

 

Rep. Patterson moved that Senate Joint Resolution T be placed on its immediate passage.

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

 

Senate Joint Resolution T, entitled

A joint resolution proposing an amendment to the state constitution of 1963, by amending sections 19 and 35, section 36 related to the Michigan state parks endowment fund, and section 37 of article IX, to eliminate certain investment restrictions for certain state funds, to increase the accumulated principal limitation of the Michigan natural resources trust fund, to modify provisions of the Michigan natural resources trust fund and the state parks endowment fund related to their allowable expenditures and the investment of their assets, to provide for the investment of the assets of the Michigan veterans' trust fund, and to renumber certain sections.

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

Roll Call No. 111 Yeas--89

 

 
AllenFrankLemmonsSchermesser
AndersonGeorgeLockwoodScranton
BashamGieleghemMansShackleton
BerneroGilbertMeadSheltrown
BirkholzGodchauxMeyerShulman
BisbeeGosselinMiddaughSpade
BishopHagerMortimerStamas
BovinHartMurphyStewart
BradstreetHowellNeumannSwitalski
Brown, C.HummelNewellTabor
Brown, R.JamnickO'NeilToy
CallahanJansenPappageorgeVan Woerkom
CassisJelinekPattersonVander Roest
CaulJohnson, RickPestkaVander Veen
Clark, I.Johnson, RuthPhillipsVear
Clarke, H.JulianPumfordVoorhees
DennisKoetjeRaczkowskiWhitmer
DeRossettKolbRichardvilleWilliams
DeVuystKooimanRichnerWojno
DeWeeseKowallRivetWoodward
DroletKuipersRoccaWoronchak
EhardtLaSataSchauerZelenko

Faunce

 

 

Nays--8

 

 
DanielsHaleJacobsThomas
GarzaHardmanReevesWaters

 

 

In The Chair: Julian

 

 

The House agreed to the title of the joint resolution.

 

 

______

 

 

Reps. Waters, Garza, Reeves, Hardman and Thomas, 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 SJR T, because I am opposed to the expanded investment opportunities allowed under the bill. In the last year, the Public Employees Retirement fund lost 11.5 percent of its value due to poor investment strategies and a slumping economy. The passage of SJR T would allow the state to invest the Natural Resources Trust Fund in the same manner. I am not willing to let funds that support our natural resources and outdoor recreation opportunities be put at risk."

 

Rep. Jacobs, 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 the passage of Senate Joint Resolution T because I do not feel that this is the proper time to allow the State Treasurer to invest public trust funds in riskier investments. Last year, the state's public employee pension fund lost 11.5% of its value because of poor investment choices by the Department of Treasury. Passage of Senate Joint Resolution T will allow the Department to make the same type of decisions with the assets of the Natural Resources

Trust Fund, the State Parks Endowment Fund, and the Veterans Trust Fund. I am not convinced that the potential benefits of riskier investments outweigh the possibility of losing public dollars. As public officials, we should take our fiduciary duties seriously. I fear that these bills are being moved quickly in an election year without sufficient oversight."

 

 

______

 

 

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

The motion prevailed.

 

 

Rep. Patterson moved that Senate Bill No. 796 be placed on its immediate passage.

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

 

Senate Bill No. 796, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending sections 1902, 1903, and 1904 (MCL 324.1902, 324.1903, and 324.1904), section 1902 as amended by 1996 PA 134 and sections 1903 and 1904 as added by 1995 PA 60, and by adding section 1907a.

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

 

 

Roll Call No. 112 Yeas--103

 

 
AdaminiFrankLemmonsSchauer
AllenGarzaLipseySchermesser
AndersonGeorgeLockwoodScranton
BashamGieleghemMansShackleton
BerneroGilbertMeadSheltrown
BirkholzGodchauxMeyerShulman
BisbeeGosselinMiddaughSpade
BishopHagerMortimerStamas
BogardusHaleMurphyStewart
BovinHardmanNeumannSwitalski
BradstreetHartNewellTabor
Brown, B.HowellO'NeilThomas
Brown, C.HummelPappageorgeToy
Brown, R.JacobsPattersonVan Woerkom
CallahanJamnickPestkaVander Roest
CassisJansenPhillipsVander Veen
CaulJelinekPlakasVear
Clark, I.Johnson, RickPumfordVoorhees
Clarke, H.Johnson, RuthQuarlesWaters
DennisJulianRaczkowskiWhitmer
DeRossettKoetjeReevesWilliams
DeVuystKolbRichardvilleWojno
DeWeeseKooimanRichnerWoodward
DroletKowallRisonWoronchak
EhardtKuipersRivetZelenko
FaunceLaSataRocca

 

 

Nays--0

 

 

In The Chair: Julian

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

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

The House agreed to the full title.

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

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

 

 

Rep. Patterson moved that Senate Bill No. 798 be placed on its immediate passage.

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

 

Senate Bill No. 798, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending section 74119 (MCL 324.74119), as added by 1995 PA 58.

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

 

 

Roll Call No. 113 Yeas--103

 

 
AdaminiFaunceLemmonsSchauer
AllenFrankLipseySchermesser
AndersonGarzaLockwoodScranton
BashamGeorgeMansShackleton
BerneroGieleghemMeadSheltrown
BirkholzGilbertMeyerShulman
BisbeeGodchauxMiddaughSpade
BishopGosselinMortimerStamas
BogardusHagerMurphyStewart
BovinHaleNeumannSwitalski
BradstreetHardmanNewellTabor
Brown, B.HartO'NeilThomas
Brown, C.HowellPappageorgeToy
Brown, R.HummelPattersonVan Woerkom
CallahanJacobsPestkaVander Roest
CassisJamnickPhillipsVander Veen
CaulJansenPlakasVear
Clark, I.JelinekPumfordVoorhees
Clarke, H.Johnson, RickQuarlesWaters
DanielsJohnson, RuthRaczkowskiWhitmer
DennisJulianReevesWilliams
DeRossettKoetjeRichardvilleWojno
DeVuystKooimanRichnerWoodward
DeWeeseKowallRisonWoronchak
DroletKuipersRivetZelenko
EhardtLaSataRocca

 

 

Nays--0

 

 

In The Chair: Julian

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

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

The House agreed to the full title.

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

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

 

 

______

 

 

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

The motion prevailed.

 

 

Rep. Patterson moved that Senate Bill No. 799 be placed on its immediate passage.

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

 

Senate Bill No. 799, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending section 43902 (MCL 324.43902), as amended by 2000 PA 69.

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

 

 

Roll Call No. 114 Yeas--100

 

 
AdaminiFaunceKuipersRocca
AllenFrankLaSataSchauer
AndersonGarzaLemmonsSchermesser
BashamGeorgeLipseyScranton
BerneroGieleghemLockwoodShackleton
BirkholzGilbertMansSheltrown
BisbeeGodchauxMeadShulman
BishopGosselinMeyerSpade
BogardusHagerMiddaughStamas
BovinHaleMortimerStewart
BradstreetHardmanMurphySwitalski
Brown, B.HartNeumannTabor
Brown, C.HowellNewellThomas
Brown, R.HummelO'NeilVan Woerkom
CallahanJacobsPappageorgeVander Roest
CassisJamnickPattersonVander Veen
CaulJansenPestkaVear
Clark, I.JelinekPhillipsVoorhees
Clarke, H.Johnson, RickPlakasWaters
DanielsJohnson, RuthPumfordWhitmer
DennisJulianRaczkowskiWilliams
DeRossettKoetjeReevesWojno
DeVuystKolbRichardvilleWoodward
DeWeeseKooimanRichnerWoronchak
DroletKowallRivetZelenko

 

 

Nays--0

 

 

In The Chair: Julian

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

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

The House agreed to the full title.

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

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

 

 

______

 

 

Rep. Ehardt moved that Rep. Toy be excused from the balance of today's session.

The motion prevailed.

 

Rep. Garza moved that Rep. Schermesser be excused from the balance of today's session.

The motion prevailed.

 

 

Rep. Patterson moved that Senate Bill No. 800 be placed on its immediate passage.

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

 

Senate Bill No. 800, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending section 43704 (MCL 324.43704), as amended by 2001 PA 50.

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

 

 

Roll Call No. 115 Yeas--102

 

 
AdaminiFaunceLaSataRivet
AllenFrankLemmonsRocca
AndersonGarzaLipseySchauer
BashamGeorgeLockwoodScranton
BerneroGieleghemMansShackleton
BirkholzGilbertMeadSheltrown
BisbeeGodchauxMeyerShulman
BishopGosselinMiddaughSpade
BogardusHagerMortimerStamas
BovinHaleMurphyStewart
BradstreetHardmanNeumannSwitalski
Brown, B.HartNewellTabor
Brown, C.HowellO'NeilThomas
Brown, R.HummelPappageorgeVan Woerkom
CallahanJacobsPattersonVander Roest
CassisJamnickPestkaVander Veen
CaulJansenPhillipsVear
Clark, I.JelinekPlakasVoorhees
Clarke, H.Johnson, RickPumfordWaters
DanielsJohnson, RuthQuarlesWhitmer
DennisJulianRaczkowskiWilliams
DeRossettKoetjeReevesWojno
DeVuystKolbRichardvilleWoodward
DeWeeseKooimanRichnerWoronchak
DroletKowallRisonZelenko

Ehardt Kuipers

Nays--0

 

 

In The Chair: Julian

 

 

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

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

The House agreed to the full title.

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

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

 

 

______

 

 

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

The motion prevailed.

 

 

Rep. Patterson moved that Senate Bill No. 801 be placed on its immediate passage.

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

 

Senate Bill No. 801, entitled

A bill to amend 1984 PA 22, entitled "Michigan civilian conservation corps act," by amending section 12a (MCL 409.312a), as added by 1994 PA 394.

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

 

 

Roll Call No. 116 Yeas--100

 

 
AdaminiFrankLaSataRivet
AllenGarzaLemmonsRocca
AndersonGeorgeLipseySchauer
BashamGieleghemLockwoodScranton
BerneroGilbertMansShackleton
BirkholzGodchauxMeadSheltrown
BisbeeGosselinMeyerShulman
BishopHagerMiddaughSpade
BogardusHaleMortimerStamas
BovinHardmanMurphyStewart
BradstreetHartNeumannSwitalski
Brown, B.HowellNewellTabor
Brown, C.HummelO'NeilThomas
Brown, R.JacobsPappageorgeVan Woerkom
CallahanJamnickPattersonVander Roest
CassisJansenPestkaVander Veen
CaulJelinekPhillipsVear
Clarke, H.Johnson, RickPlakasVoorhees
DanielsJohnson, RuthPumfordWaters
DennisJulianQuarlesWhitmer
DeRossettKoetjeRaczkowskiWilliams
DeVuystKolbReevesWojno
DeWeeseKooimanRichardvilleWoodward
DroletKowallRichnerWoronchak
FaunceKuipersRisonZelenko

Nays--0

 

 

In The Chair: Julian

 

 

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

"An act to establish the Michigan civilian conservation corps; to prescribe the powers and duties of certain state officers, agencies, and departments; to create and provide for the use of an endowment fund; and to provide for an appropriation,".

The House agreed to the full title.

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

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

 

 

______

 

 

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

The motion prevailed.

 

By unanimous consent the House returned to the order of

Motions and Resolutions

 

 

Reps. Vander Veen, Mortimer, Van Woerkom, Birkholz, Toy, Schauer, Newell, Garza, DeWeese, Ehardt and Murphy offered the following resolution:

House Resolution No. 333.

A resolution to urge the Department of Community Health to create a blue ribbon panel to determine best practice protocols for the treatment of chronic diseases.

Whereas, A major portion of public and private resources directed to health care in this country is used to deal with chronic illnesses. These diseases, including asthma, diabetes, kidney disease, obesity, and a variety of cardiac conditions, are often subject to extensive research and emerging strategies using new technologies and treatments. As a result, a patient many receive far different treatment at one hospital or medical office than is available or is standard practice at another facility only a short distance away; and

Whereas, Inefficient disease management for the treatment of chronic conditions is very expensive for individuals and the entire network of health care. An effective strategy for reducing costs and maximizing care is following best practice protocols. These treatment protocols are developed through the involvement of all of the health care professions and researchers. The ultimate result is determining and using the practices that bring the best results. Best practice protocols generally incorporate not only studies of medications and clinical treatments, but also methods of ensuring the highest levels of patient compliance; and

Whereas, The concept of encouraging widespread use of best practice protocols is proving to be quite successful in many health care institutions across the country. This approach includes a significant measure of education. Encouraging best practice protocols can bring much quicker use of new advances in areas of care in which remarkable strides are being made. In Michigan, Muskegon's Mercy Hospital is among those that are achieving notable success; now, therefore, be it

Resolved by the House of Representatives, That we urge the Department of Community Health to create a blue ribbon panel to determine best practice protocols for the treatment of chronic diseases. We urge that the panel include members from the Michigan Pharmacy and Therapeutics Committee; and be it further

Resolved, That copies of this resolution be transmitted to the Michigan Department of Community Health.

The resolution was referred to the Committee on Health Policy.

 

 

Reps. Kowall, Howell, Raczkowski, Julian, Richner, Zelenko, Spade, Murphy, Dennis, Lemmons, DeWeese, Stewart, Vander Roest, Wojno, Lipsey, Rivet, Switalski, Sheltrown, Anderson, Adamini, Jamnick, Newell, Phillips, Gieleghem, Thomas, Gosselin, Faunce, Ehardt, Voorhees, Cassis, Richardville, Jacobs, Mead, Vear, Vander Veen, Drolet, Van Woerkom, Shulman, Hager, Pappageorge, Lockwood, Hansen, Kuipers, Koetje, LaSata, Rich Brown, Jansen, Clarke, Caul, Woodward, DeRossett and Birkholz offered the following resolution:

House Resolution No. 334.

A resolution congratulating and honoring Gary Lawson as a recipient of a Prudential Spirit of Community Award.

Whereas, Gary Lawson, an esteemed resident of Waterford Township in Oakland County, and a student at Waterford Mott High School, has achieved national recognition for his exemplary volunteer service by receiving a 2002 Prudential Spirit of Community Award; and

Whereas, This prestigious award, presented by Prudential Financial, in partnership with the National Association of Secondary School Principals, honors young volunteers across America who have demonstrated an extraordinary commitment to serving their communities. The awards program, now in its seventh year, is conducted by Prudential Financial in partnership with the National Association of Secondary School Principals. A record 28,000 high school and middle level students submitted applications for this year's program; and

Whereas, In recognition as a distinguished finalist, Gary will receive an engraved bronze medallion for his generous efforts. Students like Gary represent the best of America's youth and are role models to their peers and communities; and

Whereas, Gary earned this award by giving generously of his time and energy to help design and build a wheelchair ramp for a wheelchair-bound adult; and

Whereas, The success of the state of Michigan, the strength of our communities, and the overall vitality of American society depends, in great measure, upon the dedication of its young people like Gary Lawson who use their considerable talents and resources to serve others; now, therefore, be it

Resolved by the House of Representatives, That the members of this legislative body congratulate and honor Gary Lawson as a recipient of a Prudential Spirit of Community Award. We applaud his outstanding record of volunteer service, peer leadership, and community spirit and extend our best wishes for his continued success and happiness; and be it further

Resolved, That a copy of this resolution be transmitted to Gary Lawson as a token of our esteem.

Pending the reference of the resolution to a committee,

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

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

The question being on the adoption of the resolution,

The resolution was adopted.

 

 

Reps. Kowall, Howell, Raczkowski, Julian, Richner, Zelenko, Spade, Murphy, Dennis, Lemmons, DeWeese, Stewart, Vander Roest, Wojno, Lipsey, Rivet, Switalski, Sheltrown, Anderson, Adamini, Jamnick, Newell, Phillips, Gieleghem, Thomas, Gosselin, Faunce, Ehardt, Voorhees, Cassis, Richardville, Jacobs, Mead, Vear, Vander Veen, Drolet, Van Woerkom, Shulman, Hager, Pappageorge, Lockwood, Hansen, Kuipers, Koetje, LaSata, Rich Brown, Jansen, Clarke, Caul, Woodward, DeRossett and Birkholz offered the following resolution:

House Resolution No. 335.

A resolution congratulating and honoring Matthew Croft as a recipient of a Prudential Spirit of Community Award.

Whereas, Matthew Croft, an esteemed resident of Waterford Township in Oakland County, and a student at Marist Academy in Pontiac, has achieved national recognition for his exemplary volunteer service by receiving a 2002 Prudential Spirit of Community Award; and

Whereas, This prestigious award, presented by Prudential Financial, in partnership with the National Association of Secondary School Principals, honors young volunteers across America who have demonstrated an extraordinary commitment to serving their communities. This is a nationwide program that recognizes young people for their outstanding community service; and

Whereas, As a state honoree, Matthew will receive a $1,000 award, an engraved silver medallion, and a trip to Washington D.C., May 4-7, for a series of national recognition events. Students like Matthew represent the best of America's youth and are role models to their peers and communities; and

Whereas, Matthew earned this award by giving generously of his time and energy to help raise money to buy bicycle safety helmets for needy first and second grade children at a local elementary school. He persuaded a group of fellow student volunteers to organize a variety of fundraisers, including school dances, bake sales, and a "jeans day", raising a total of $500, which was matched by AAA. In the end, over half of the elementary students received a helmet; and

Whereas, The success of the state of Michigan, the strength of our communities, and the overall vitality of American society depends, in great measure, upon the dedication of its young people like Matthew Croft who use their considerable talents and resources to serve others; now, therefore, be it

Resolved by the House of Representatives, That the members of this legislative body congratulate and honor Matthew Croft as a recipient of a Prudential Spirit of Community Award. We applaud his outstanding record of volunteer service, peer leadership, and community spirit and extend our best wishes for his continued success and happiness; and be it further

Resolved, That a copy of this resolution be transmitted to Matthew Croft as a token of our esteem.

Pending the reference of the resolution to a committee,

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

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

The question being on the adoption of the resolution,

The resolution was adopted.

Reports of Standing Committees

 

 

The Committee on Civil Law and the Judiciary, by Rep. Howell, Chair, reported

House Bill No. 5674, entitled

A bill to amend 1961 PA 236, entitled "Revised judicature act of 1961," by amending sections 821, 822, and 8148 (MCL 600.821, 600.822, and 600.8148), section 821 as amended by 1998 PA 298 and section 822 as amended by 1998 PA 313, and by adding sections 810a and 8179.

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 5674 To Report Out:

Yeas: Reps. Howell, Hummel, Bisbee, Faunce, Koetje, Richner, Voorhees,

Nays: Rep. Waters.

 

 

COMMITTEE ATTENDANCE REPORT

 

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

Meeting held on: Tuesday, February 19, 2002, at 3:45 p.m.,

Present: Reps. Howell, Hummel, Bisbee, Faunce, Koetje, Richner, Voorhees, Adamini, Lipsey, Waters,

Absent: Rep. McConico,

Excused: Rep. McConico.

 

 

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

House Bill No. 5661, entitled

A bill to amend 1897 PA 153, entitled "An act to provide for the payment of expenses in matters in which the state is a party or interested," by amending sections 1 and 2 (MCL 14.111 and 14.112).

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 5661 To Report Out:

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

Nays: None.

 

 

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

House Bill No. 5662, entitled

A bill to amend 1927 PA 375, entitled "An act to provide for the collection of past due moneys and accounts belonging to the state of Michigan; to create a department therefor; to prescribe the duties of state officers, departments, commissions and institutions in relation thereto; and to make appropriations for defraying the expenses thereof," by amending section 3 (MCL 14.133).

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 5662 To Report Out:

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

Nays: None.

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

House Bill No. 5663, entitled

A bill to repeal certain 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

 

HB 5663 To Report Out:

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

Nays: None.

 

 

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

House Bill No. 5666, entitled

A bill to amend 1935 PA 59, entitled "An act to provide for the public safety; to create the Michigan state police, and provide for the organization thereof; to transfer thereto the offices, duties and powers of the state fire marshal, the state oil inspector, the department of the Michigan state police as heretofore organized, and the department of public safety; to create the office of commissioner of the Michigan state police; to provide for an acting commissioner and for the appointment of the officers and members of said department; to prescribe their powers, duties, and immunities; to provide the manner of fixing their compensation; to provide for their removal from office; and to repeal Act No. 26 of the Public Acts of 1919, being sections 556 to 562, inclusive, of the Compiled Laws of 1929, and Act No. 123 of the Public Acts of 1921, as amended, being sections 545 to 555, inclusive, of the Compiled Laws of 1929," by amending section 12a (MCL 28.12a).

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 5666 To Report Out:

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

Nays: None.

 

 

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

House Bill No. 5667, entitled

A bill to amend 1943 PA 240, entitled "State employees' retirement act," by amending section 9 (MCL 38.9).

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 5667 To Report Out:

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

Nays: None.

 

 

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

House Bill No. 5668, 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 10 (MCL 41.280).

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 5668 To Report Out:

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

Nays: None.

 

 

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

House Bill No. 5669, entitled

A bill to amend 1846 RS 14, entitled "Of county officers," by amending section 82 (MCL 51.82).

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 5669 To Report Out:

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

Nays: None.

 

 

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

House Bill No. 5670, entitled

A bill to amend 1909 PA 278, entitled "The home rule village act," by amending section 9 (MCL 78.9).

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 5670 To Report Out:

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

Nays: None.

 

 

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

House Bill No. 5671, entitled

A bill to amend 1895 PA 215, entitled "The fourth class city act," by amending section 4 (MCL 102.4).

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 5671 To Report Out:

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

Nays: None.

 

 

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

House Bill No. 5672, entitled

A bill to amend 1949 PA 123, entitled "An act to provide for the disconnection of land from cities and villages; and to declare the effect thereof," by amending section 4 (MCL 123.34).

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 5672 To Report Out:

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

Nays: None.

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

House Bill No. 5673, entitled

A bill to amend 1879 PA 190, entitled "An act in relation to removals from and filling vacancies in certain public offices," by amending section 1 (MCL 201.91).

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 5673 To Report Out:

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

Nays: None.

 

 

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

Senate Bill No. 884, entitled

A bill to amend 1919 PA 149, entitled "An act to accept the requirements and benefits of an act of the sixty-fourth congress of the United States, approved February 23, 1917, known as the Smith-Hughes act, or Public Act No. 347, relating to appropriations to be made by the federal government to the several states for the support and control of instruction in agriculture, the trades, industries, and home economics, and for the preparation of teachers of vocational subjects; to designate a state board of control for vocational education; to provide for the proper custody and administration of funds received by the state from such appropriations; and to provide for appropriations by the state and by local school authorities to meet the conditions of said act of congress," by amending sections 7 and 8 (MCL 395.7 and 395.8).

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 884 To Report Out:

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

Nays: None.

 

 

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

Senate Bill No. 885, entitled

A bill to amend 1939 PA 280, entitled "The social welfare act," by amending section 15 (MCL 400.15).

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 885 To Report Out:

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

Nays: None.

 

 

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

Senate Bill No. 886, entitled

A bill to amend 1921 PA 59, entitled "An act to relieve the county and state from the support of certain classes of aliens who are subject to deportation from the United States; making an appropriation therefor and providing penalties for the non-performance of duties under the provisions of this act," by amending section 2 (MCL 404.32).

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 886 To Report Out:

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

Nays: None.

 

 

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

Senate Bill No. 888, entitled

A bill to amend 1846 RS 21, entitled "Of specific state taxes and duties," by amending section 30 (MCL 446.30).

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 888 To Report Out:

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

Nays: None.

 

 

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

Senate Bill No. 890, entitled

A bill to repeal 1909 PA 263, entitled "An act to authorize the Michigan dairymen's association to hold an annual meeting and such auxiliary meetings as may be determined by the association, and making an appropriation therefor," (MCL 453.451 to 453.452).

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 890 To Report Out:

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

Nays: None.

 

 

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

Senate Bill No. 894, entitled

A bill to amend 1927 PA 175, entitled "The code of criminal procedure," by amending section 26a of chapter XIV and section 6 of chapter XVI (MCL 774.26a and 776.6), section 26a of chapter XIV as amended by 1980 PA 506.

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 894 To Report Out:

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

Nays: None.

 

 

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

Senate Bill No. 895, entitled

A bill to amend 1893 PA 118, entitled "An act to revise and consolidate the laws relative to state prisons, to state houses of correction, and branches of state prisons and reformatories, and the government and discipline thereof and to repeal all acts inconsistent therewith," by amending sections 49 and 61 (MCL 800.49 and 800.61).

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 895 To Report Out:

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

Nays: None.

 

 

COMMITTEE ATTENDANCE REPORT

 

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

Meeting held on: Wednesday, February 20, 2002, at 10:30 a.m.,

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

 

 

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

House Bill No. 4072, entitled

A bill to amend 1967 PA 281, entitled "Income tax act of 1967," by amending section 260 (MCL 206.260), as amended by 1996 PA 484.

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

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

 

 

Favorable Roll Call

 

HB 4072 To Report Out:

Yeas: Reps. Cassis, Vear, Drolet, Faunce, Gosselin, Kowall, Meyer, Newell, Richardville, Woronchak, Quarles, Basham, Brown, O'Neil, Wojno,

Nays: None.

 

 

COMMITTEE ATTENDANCE REPORT

 

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

Meeting held on: Wednesday, February 20, 2002, at 10:30 a.m.,

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

Absent: Reps. Hale, Minore,

Excused: Reps. Hale, Minore.

 

 

COMMITTEE ATTENDANCE REPORT

 

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

Meeting held on: Tuesday, February 19, 2002, at 3:45 p.m.,

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

Absent: Rep. Hager,

Excused: Rep. Hager.

 

 

Announcement by the Clerk of Printing and Enrollment

 

 

The Clerk announced that the following bills had been printed and placed upon the files of the members, Thursday, February 14:

Senate Bill Nos. 1095 1096 1097 1098 1118 1119 1120 1121

The Clerk announced that the following bills had been printed and placed upon the files of the members, Wednesday, February 20:
House Bill Nos. 56385639564056415642564356445645564656475648564956505651
56525653565456555656565756585659566056755676567756785679
5680

 

The Clerk announced that the following Senate bills had been received on Wednesday, February 20:

Senate Bill Nos. 842 880 881 882 912 975 999

 

By unanimous consent the House returned to the order of

Messages from the Senate

 

 

House Bill No. 4009, entitled

A bill to amend 1855 PA 105, entitled "An act to regulate the disposition of the surplus funds in the state treasury; to provide for the deposit of surplus funds in certain financial institutions; to lend surplus funds pursuant to loan agreements secured by certain commercial, agricultural, or industrial real and personal property; to authorize the loan of surplus funds to certain municipalities; to authorize the participation in certain loan programs; to authorize an appropriation; and to prescribe the duties of certain state agencies," by amending section 2a (MCL 21.142a), as amended by 1987 PA 27.

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

The Senate has passed the bill as substituted (S-2) and ordered that it be given immediate effect.

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

 

 

Senate Bill No. 842, entitled

A bill to repeal 1998 PA 379, entitled "Michigan tax lien sale and collateralized securities act," (MCL 211.921 to 211.941).

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. 880, entitled

A bill to create a telecommunication rights-of-way oversight authority; to provide for fees; to prescribe the powers and duties of municipalities and certain state agencies and officials; to provide for penalties; 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 Energy and Technology.

 

 

Senate Bill No. 881, entitled

A bill to create the Michigan broadband development authority; to create funds and accounts; to authorize the issuing of bonds and notes; to prescribe the powers and duties of the authority; and to provide incentives for the development of broadband services.

The Senate has passed the bill.

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

 

 

Senate Bill No. 882, entitled

A bill to amend 1956 PA 218, entitled "The insurance code of 1956," (MCL 500.100 to 500.8302) by adding section 3341.

The Senate has passed the bill.

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

 

 

Senate Bill No. 912, entitled

A bill to amend 1905 PA 311, entitled "An act with respect to the furnishing of bonds by state officers, their deputies, and officers of state institutions; to provide for the payment of the cost of such bonds, and to prescribe the places of filing the same," by amending sections 1 and 2 (MCL 15.71 to 15.72).

The Senate has passed the bill.

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

Senate Bill No. 975, entitled

A bill to amend 1965 PA 261, entitled "An act to authorize the creation and to prescribe the powers and duties of county and regional parks and recreation commissions; and to prescribe the powers and duties of county boards of commissioners with respect to county and regional parks and recreation commissions," by amending section 17 (MCL 46.367), as amended by 1983 PA 177.

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. 999, entitled

A bill to amend 1905 PA 282, entitled "An act to provide for the assessment of the property, by whomsoever owned, operated or conducted, of railroad companies, union station and depot companies, telegraph companies, telephone companies, sleeping car companies, express companies, car loaning companies, stock car companies, refrigerator car companies, and fast freight companies, and all other companies owning, leasing, running or operating any freight, stock, refrigerator, or any other cars, not being exclusively the property of any railroad company paying taxes upon its rolling stock under the provisions of this act, over or upon the line or lines of any railroad or railroads in this state, and for the levy of taxes thereon by a state board of assessors, and for the collection of such taxes, and to repeal all acts or parts of acts contravening any of the provisions of this act," (MCL 207.1 to 207.21) by adding section 13b.

The Senate has passed the bill.

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

 

 

Introduction of Bills

 

 

Rep. Scranton introduced

House Bill No. 5681, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending section 3112a (MCL 324.3112a), as amended by 2000 PA 286.

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

 

 

Reps. Cameron Brown, Middaugh, Kuipers, Rocca, Julian, Birkholz, Drolet, Jelinek, Gosselin, Pappageorge, Tabor, Hummel, Richardville, Vear, Mortimer and Lemmons introduced

House Bill No. 5682, entitled

A bill to amend 1927 PA 372, entitled "An act to regulate and license the selling, purchasing, possessing, and carrying of certain firearms and gas ejecting devices; to prohibit the buying, selling, or carrying of certain firearms and gas ejecting devices without a license or other authorization; to provide for the forfeiture of firearms under certain circumstances; to provide for penalties and remedies; to provide immunity from civil liability under certain circumstances; to prescribe the powers and duties of certain state and local agencies; to prohibit certain conduct against individuals who apply for or receive a license to carry a concealed pistol; to make appropriations; to prescribe certain conditions for the appropriations; and to repeal all acts and parts of acts inconsistent with this act," by amending sections 9 and 14 (MCL 28.429 and 28.434), section 9 as amended by 1996 PA 169 and section 14 as amended by 2000 PA 381.

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

 

 

Reps. Cameron Brown, Middaugh, Hummel, Kuipers, Rocca, Julian, Birkholz, Drolet, Gosselin, Jelinek, Pappageorge, Tabor, Richardville, Vear, Patterson and Mortimer introduced

House Bill No. 5683, entitled

A bill to amend 1927 PA 372, entitled "An act to regulate and license the selling, purchasing, possessing, and carrying of certain firearms and gas ejecting devices; to prohibit the buying, selling, or carrying of certain firearms and gas ejecting devices without a license or other authorization; to provide for the forfeiture of firearms under certain circumstances; to provide for penalties and remedies; to provide immunity from civil liability under certain circumstances; to prescribe the powers and duties of certain state and local agencies; to prohibit certain conduct against individuals who apply for or receive a license to carry a concealed pistol; to make appropriations; to prescribe certain conditions for the appropriations; and to repeal all acts and parts of acts inconsistent with this act," by amending sections 5j, 5l, and 5o (MCL 28.425j, 28.425l, and 28.425o), as added by 2000 PA 381.

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

Reps. Woodward, Callahan, Gieleghem, Drolet, Dennis, Hale, Jacobs, Mans, Bogardus, Clarke, Adamini and Lemmons introduced

House Bill No. 5684, entitled

A bill to amend 1961 PA 236, entitled "Revised judicature act of 1961," by amending section 1483 (MCL 600.1483), as amended by 1993 PA 78.

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

 

 

Reps. Lipsey, Gieleghem, Woodward, Spade, Basham, Murphy, Hale, Dennis, McConico, Schauer, Rich Brown, Bernero, Bogardus, Whitmer, Mans, Plakas, Phillips, Bovin and Kolb introduced

House Bill No. 5685, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending section 1101 (MCL 324.1101) and by adding part 6.

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

 

 

______

 

 

Rep. Cameron Brown moved that the House adjourn.

The motion prevailed, the time being 4:05 p.m.

 

Associate Speaker Pro Tempore Julian declared the House adjourned until Thursday, February 21, at 12:00 Noon.

 

 

GARY L. RANDALL

Clerk of the House of Representatives.