2003-HJ-04-10-031.htm

No. 31

STATE OF MICHIGAN

JOURNAL

OF THE

House of Representatives

92nd Legislature

REGULAR SESSION OF 2003

House Chamber, Lansing, Thursday, April 10, 2003.

10:00 a.m.

The House was called to order by the Speaker Pro Tempore.

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

Accavitti--present Garfield--present Meisner--present Sheen--present

Acciavatti--present Gieleghem--present Meyer--present Sheltrown--present

Adamini--present Gillard--present Middaugh--present Shulman--present

Amos--present Gleason--present Milosch--present Smith--present

Anderson--present Hager--present Minore--present Spade--present

Bieda--present Hardman--present Moolenaar--present Stahl--present

Bisbee--present Hart--present Murphy--present Stakoe--present

Bradstreet--present Hood--present Newell--present Stallworth--present

Brandenburg--present Hoogendyk--present Nitz--present Steil--present

Brown--present Hopgood--present Nofs--present Stewart--present

Byrum--present Howell--present O'Neil--present Tabor--excused

Casperson--present Huizenga--present Paletko--present Taub--present

Caswell--present Hummel--present Palmer--present Tobocman--present

Caul--present Hune--present Palsrok--present Vagnozzi--present

Cheeks--present Hunter--present Pappageorge--present Van Regenmorter--present

Clack--present Jamnick--present Pastor--present Vander Veen--present

Condino--present Johnson, Rick--present Phillips--present Voorhees--present

Daniels--present Johnson, Ruth--present Plakas--present Walker--present

Dennis--present Julian--present Pumford--present Ward--present

DeRoche--present Koetje--present Reeves--present Waters--present

DeRossett--excused Kolb--present Richardville--present Wenke--present

Drolet--present Kooiman--present Rivet--present Whitmer--present

Ehardt--present LaJoy--present Robertson--present Williams--present

Elkins--present LaSata--present Rocca--present Wojno--present

Emmons--present Law--present Sak--present Woodward--present

Farhat--present Lipsey--present Shackleton--present Woronchak--present

Farrah--present McConico--present Shaffer--present Zelenko--present

Gaffney--present

e/d/s = entered during session

Rep. John J. Gleason, from the 48th District, offered the following invocation:

"Our Heavenly Father, we thank You, for You have given us the privilege of being citizens of this country and this state. I pray that You give special wisdom and leadership to the men and women who lead us and who in this great body make the decisions that affect our lives. May we govern with wisdom from You, and help our minds to be clear and without prejudice. We also ask You to please look with special care on the brave sons and daughters of Michigan and across the nation who are serving to defend our great country. Protect them from harm, bless them with courage, and give us all the hope that peace, love and understanding may reign in our hearts. I would also like to ask everybody here today to join me in a moment of silence in honor of the ultimate sacrifice made by a courageous young man this week. Scott Sather was my nephew. He was twenty-nine years old and he grew up in Clio. Scott was killed in action on Tuesday while fighting in the war with Iraq, and his loss is a great tragedy to us all. I would also like to remember the families who have lost other members not only here in Michigan but across this country. Can we have a moment of silence please? I thank you. We salute Scott Sather, as well as our entire military family, for their commitment to the United States of America. In Your name we offer this prayer, our Almighty Father, Amen."

______

Rep. Hummel moved that Reps. DeRossett and Tabor be excused from today's session.

The motion prevailed.

The Speaker assumed the Chair.

Motions and Resolutions

Rep. Richardville moved that a special committee of four members be appointed to escort President Schuster of the Slovak Republic into the House chamber.

The motion prevailed.

The Speaker appointed as such committee Reps. Emmons, Huizenga, O'Neil and Wojno.

______

The Sergeant at Arms announced the special committee to wait on President Schuster of the Slovak Republic.

President Schuster of the Slovak Republic, escorted by the committee, was conducted to the rostrum.

Rep. Richardville moved that Rule 82 be suspended.

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

Rep. Rick Johnson moved that the following remarks be printed in the Journal.

The motion prevailed.

Comments and Recommendations

President Schuster:

"Before I start, I would like to thank you very much for receiving me here. I have a special feeling that I am at home. The exciting meeting yesterday with President Bush and being here are two very important steps for Slovakia before we receive our membership in NATO. So thank you again. Honorable Governor, Honorable Mr. Johnson, Speaker of the House of Representatives; Honorable Mr. Sikkema, Senate Majority Leader; distinguished Congressmen, Excellencies, Ladies and Gentlemen, it is with feelings of great responsibility, but also with the thrill of delight that I take the floor in front of this distinguished Legislature of Michigan. Among the states of the union, the State of Michigan has been the first to embark upon and is now spearheading a pioneering and trailblazing way of shaping its relations by means of understanding and cooperation with the country I am here to represent. The Memorandum of Understanding between the State of Michigan and the Slovak Republic was signed last year in Bratislava by Mr. John Engler, Michigan's former Governor and a leader with a longstanding and most distinguished service record, and Slovakia's Minister of Foreign Affairs, Mr. Eduard Kukan. Right at the outset I would like to emphasize that, within this context of my official trip to the United States, I intend to use my visit here in Michigan in order to express, at least in symbolic terms, my highest appreciation for this inspiring political step marked with a great deal of foresight. One of the key figures that made the signing of the Memorandum possible was the current Ambassador of the United States to the Slovak Republic, the Honorable Ronald Weiser, whom I appreciate for joining me here today. As I mentioned before, the Memorandum is aimed at stimulating and invigorating the ties and commonalities between Michigan and Slovakia, which, as we hope, will find support among the fairly sizeable community of Slovak expatriates living in this state. In the state of Michigan, there are almost one hundred thousand citizens of Slovak origin. That fact alone presents a wealth of potential for creating a significant upswing in our relations. In addition, I am personally involved in the ongoing efforts to enhance these relations, and I hope this idea will also find support of this distinguished body. It is a particular pleasure for me to inform you that today, at my official meeting with the Honorable Jennifer Granholm, Governor of Michigan, I was given reassurance of the expressed support offered by Michigan's executive branch for the ideas and proposals laid down in our Memorandum of Understanding. To me, her words are a clear expression of the will to help create bonds of friendship and cooperation in the fields of business, culture and education. At this point, I would like to thank you for granting me the opportunity to speak at Michigan's House of Representatives and, in my following remarks, I would like to share a few details in order for you to develop a better understanding of Slovakia as a prospective partner. The Slovak Republic is a modern and democratic country with a well-developed industry. The rigorous reforms and transformation efforts of the recent period brought a considerable step forward in the process of our integration into the Euro-Atlantic organization. At the NATO Summit in Prague, we received the official invitation to become a full alliance member. However, this achievement would not have been possible without the strong backing by the United States. Soon, the U.S. Senate is to ratify our accession protocol. We hope that, one year from now, once the ratification process is successfully completed by all NATO members, we will officially become allies. However, the Slovak Republic does not intend to be a mere passive consumer of the security benefits that will be afforded to us within the alliance. Already during the pre-accession process, we have proven our readiness and capability to take an active part in the ongoing efforts to strengthen international security. At present, we have more than eight hundred military personnel deployed on various missions around the globe. One of the most notable and indisputable signs of our allegiance was the fact that we immediately sided with the United States in the U.S.-led campaign to disarm the rogue Iraqi regime. As we speak, the already internationally recognized Slovak anti-nuclear,-biological and -chemical unit currently stationed in Kuwait operates under U.S. command. On a similar but less recent note, we also earned appreciation from the international community by sending our engineering unit to join operation Enduring Freedom in Afghanistan. Our words were met with action right after the international anti-terrorism coalition had been called to life. As far as our economy is concerned, over the years we have built a well performing and competitive market economy, which, I think, is best evidenced by our membership in the Organization for Economic Cooperation and Development. As a side note, we had the honor of becoming the OECD's 30th member. In due time, we will also join the European Union. More and more foreign investors have been coming to our country, as we managed to create an investor-friendly corporate environment with a favorable legal framework. Last year, we ranked first among the Central European countries in terms of the influx of direct foreign investment. I have also highlighted this fact in the numerous meetings I had with prospective U.S. investors during this trip. Let me conclude with a few remarks on the local, fairly sizeable community of Slovak expatriates. Through this community, Slovakia has been, at least in symbolic terms, present in the state of Michigan for nearly two centuries. They are respectable citizens of your state, who have not forgotten about the land of their ancestors, about their roots and, through various expatriate organizations, they maintain the Slovak cultural and historical traditions. We would very much appreciate their help in promoting today's modern Slovakia and its ambitions. Distinguished representatives, let me assure you that having a vibrant U.S.-Slovak friendship and cooperation has always been and, for that matter, still remains an earnest wish of the vast majority of Slovakia's people. Being the head of my state, it is also among my key priorities to have well-rounded and ever-closer relations between our two countries. I am confident that, also due to your kind support and positive disposition, my visit here in Michigan has been a significant contribution to our effort. Thank you for your attention."

______

The Speaker Pro Tempore resumed the Chair.

By unanimous consent the House returned to the order of

Second Reading of Bills

House Bill No. 4008, entitled

A bill to amend 1967 PA 281, entitled "Income tax act of 1967," by amending section 512 (MCL 206.512), as amended by 1996 PA 484.

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

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

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

The motion did not prevail and the substitute (H-2) was not adopted, a majority of the members serving not voting therefor.

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

The motion prevailed.

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

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

______

Rep. Waters moved that Rep. Hardman be excused temporarily from today's session.

The motion prevailed.

By unanimous consent the House returned to the order of

Third Reading of Bills

House Bill No. 4008, entitled

A bill to amend 1967 PA 281, entitled "Income tax act of 1967," by amending section 512 (MCL 206.512), as amended by 1996 PA 484.

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

Roll Call No. 69 Yeas--106

Accavitti Garfield Meyer Sheen

Acciavatti Gieleghem Middaugh Sheltrown

Adamini Gillard Milosch Shulman

Amos Gleason Minore Smith

Anderson Hager Moolenaar Spade

Bieda Hart Murphy Stahl

Bisbee Hood Newell Stakoe

Bradstreet Hoogendyk Nitz Stallworth

Brandenburg Hopgood Nofs Steil

Brown Howell O'Neil Stewart

Byrum Huizenga Paletko Taub

Casperson Hummel Palmer Tobocman

Caswell Hune Palsrok Vagnozzi

Caul Hunter Pappageorge Van Regenmorter

Cheeks Jamnick Pastor Vander Veen

Clack Johnson, Rick Phillips Voorhees

Condino Johnson, Ruth Plakas Walker

Daniels Julian Pumford Ward

Dennis Koetje Reeves Waters

DeRoche Kolb Richardville Wenke

Drolet Kooiman Rivet Whitmer

Ehardt LaJoy Robertson Williams

Elkins LaSata Rocca Wojno

Emmons Law Sak Woodward

Farhat Lipsey Shackleton Woronchak

Farrah McConico Shaffer Zelenko

Gaffney Meisner

Nays--0

In The Chair: Julian

The House agreed to the title of the bill.

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

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

Second Reading of Bills

House Bill No. 4257, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending sections 30301,30305, 32501, 32511, and 32512 (MCL 324.30301, 324.30305, 324.32501, 324.32511, and 324.32512), sections 30301, 32501, 32511, and 32512 as added by 1995 PA 59 and section 30305 as amended by 1996 PA 550.

The bill was read a second time.

Rep. Walker moved to amend the bill as follows:

1. Amend page 6, line 7, after "activities" by inserting "conducted on not more than 50% of a property owner's water frontage".

2. Amend page 8, line 11, after "activities" by inserting "conducted on not more than 50% of a property owner's water frontage".

The motion did not prevail and the amendments were not adopted, a majority of the members serving not voting therefor.

Rep. Kolb moved to substitute (H-7) the bill.

The question being on the adoption of the substitute (H-7) offered by Rep. Kolb,

Rep. Kolb demanded the yeas and nays,

The demand was supported.

The question being on the adoption of the substitute (H-7) offered by Rep. Kolb,

The substitute (H-7) was not adopted, a majority of the members serving not voting therefor, by yeas and nays, as follows:

Roll Call No. 70 Yeas--43

Accavitti Gieleghem McConico Spade

Adamini Gillard Meisner Stallworth

Anderson Gleason Minore Tobocman

Bieda Hardman Murphy Vagnozzi

Byrum Hood O'Neil Waters

Cheeks Hopgood Paletko Whitmer

Clack Hunter Phillips Williams

Condino Jamnick Plakas Wojno

Daniels Kolb Reeves Woodward

Dennis Law Sak Zelenko

Farrah Lipsey Smith

Nays--63

Acciavatti Garfield Middaugh Sheen

Amos Hager Milosch Sheltrown

Bisbee Hart Moolenaar Shulman

Bradstreet Hoogendyk Newell Stahl

Brandenburg Howell Nitz Stakoe

Brown Huizenga Nofs Steil

Casperson Hummel Palmer Stewart

Caswell Hune Palsrok Taub

Caul Johnson, Rick Pappageorge Van Regenmorter

DeRoche Johnson, Ruth Pastor Vander Veen

Drolet Julian Pumford Voorhees

Ehardt Koetje Richardville Walker

Elkins Kooiman Rivet Ward

Emmons LaJoy Robertson Wenke

Farhat LaSata Rocca Woronchak

Gaffney Meyer Shaffer

In The Chair: Julian

Rep. Palmer moved to substitute (H-4) the bill.

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

Rep. Rivet moved to substitute (H-10) the bill.

The question being on the adoption of the substitute (H-10) offered by Rep. Rivet,

Rep. Rivet demanded the yeas and nays,

The demand was supported.

The question being on the adoption of the substitute (H-10) offered by Rep. Rivet,

The substitute (H-10) was not adopted, a majority of the members serving not voting therefor, by yeas and nays, as follows:

Roll Call No. 71 Yeas--38

Accavitti Gillard Meisner Stallworth

Adamini Gleason Middaugh Tobocman

Bieda Hardman Murphy Vagnozzi

Brown Hood Phillips Waters

Byrum Hopgood Plakas Whitmer

Cheeks Hunter Reeves Williams

Clack Kolb Rivet Wojno

Condino LaSata Smith Woodward

Daniels Lipsey Spade Zelenko

Gieleghem McConico

Nays--66

Acciavatti Hager Moolenaar Shaffer

Amos Hart Newell Sheen

Anderson Hoogendyk Nitz Sheltrown

Bisbee Howell Nofs Shulman

Brandenburg Huizenga O'Neil Stahl

Casperson Hummel Paletko Stakoe

Caswell Hune Palmer Steil

Caul Johnson, Rick Palsrok Stewart

DeRoche Johnson, Ruth Pappageorge Taub

Drolet Julian Pastor Van Regenmorter

Ehardt Koetje Pumford Vander Veen

Elkins Kooiman Richardville Voorhees

Emmons LaJoy Robertson Walker

Farhat Law Rocca Ward

Farrah Meyer Sak Wenke

Gaffney Milosch Shackleton Woronchak

Garfield Minore

In The Chair: Julian

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

The motion prevailed.

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

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

By unanimous consent the House returned to the order of

Third Reading of Bills

House Bill No. 4257, 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. 72 Yeas--64

Acciavatti Gillard Middaugh Sheen

Amos Gleason Milosch Sheltrown

Bisbee Hager Moolenaar Shulman

Bradstreet Hart Newell Spade

Brandenburg Hoogendyk Nitz Stahl

Brown Howell Nofs Stakoe

Casperson Huizenga Palmer Steil

Caswell Hummel Palsrok Stewart

Caul Hune Pappageorge Taub

DeRoche Johnson, Rick Pastor Van Regenmorter

Drolet Johnson, Ruth Pumford Vander Veen

Ehardt Julian Richardville Voorhees

Elkins Koetje Robertson Walker

Emmons Kooiman Rocca Ward

Farhat LaJoy Shackleton Wenke

Garfield Meyer Shaffer Woronchak

Nays--43

Accavitti Gaffney McConico Smith

Adamini Gieleghem Meisner Stallworth

Anderson Hardman Minore Tobocman

Bieda Hood Murphy Vagnozzi

Byrum Hopgood O'Neil Waters

Cheeks Hunter Paletko Whitmer

Clack Jamnick Phillips Williams

Condino Kolb Plakas Wojno

Daniels LaSata Reeves Woodward

Dennis Law Rivet Zelenko

Farrah Lipsey Sak

In The Chair: Julian

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

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

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending sections 30301, 30305, 32501, and 32512 (MCL 324.30301, 324.30305, 324.32501, and 324.32512), sections 30301, 32501, and 32512 as added by 1995 PA 59 and section 30305 as amended by 1996 PA 550.

The motion prevailed.

The House agreed to the title as amended.

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

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

______

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

"Mr. Speaker and members of the House:

I voted no on HB 4257 because it goes too far in sacrificing the public's interest in maintaining important publicly owned aquatic habitat that is integral to a vibrant Great Lakes ecosystem in favor of the aesthetic concerns of some beachfront property owners. While I agree that greater flexibility to beachfront property owners that wish to engage in beach maintenance activities is warranted, allowing the unimpeded wholesale removal of critical wildlife habitat that would endanger sports fishing and other sportsmen's activities, encourage the incursion of exotic vegetation, and result in increased beach erosion, will likely result if HB 4257 is enacted in its present form. A reasonable compromise, based on good environmental science that respected the public's interest, environmental concerns, economic and recreational benefits of healthy fish and waterfowl habitat, along with the valid concerns of private property owners was offered, but unfortunately was not successful. I also have concerns that the legislation as passed out of this body today will jeopardize Michigan's compliance with the 'Management Measure for Protection of Wetlands and Riparian Areas' requirement of section 6217 of Coastal Zone Act Preauthorization Amendments, thereby endangering Michigan's section 219 funds beginning in 2004."

Reps. Dennis, Kolb, Anderson, Byrum 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 4257 because it is not science-based and goes too far in sacrificing the public's interest in maintaining publicly-owned aquatic habitat that is integral to a healthy Great Lakes ecosystem in favor of the aesthetic concerns of some beachfront property owners. Although legislation may be warranted that would give greater flexibility to beachfront property owners that wish to engage in beach maintenance activities, allowing the wholesale removal wetland vegetation on public land without proper oversight threatens our natural resources and is unwarranted. Diminished fish and waterfowl populations, degraded water quality, greater incursion of exotic vegetation, and increased beach erosion will likely result if HB 4257 is enacted in its present form. In addition, the bill may put Michigan out of compliance with federal wetlands and coastal management laws, thus threatening our ability to manage these programs at the state level. These are not the results that anybody desires. A reasonable compromise, based on sound science, that respected the public's interest, environmental values, the economic benefits of healthy fish and waterfowl habitat, and the concerns of private property owners was offered, but unfortunately defeated."

By unanimous consent the House returned to the order of

Reports of Standing Committees

The Speaker laid before the House

House Resolution No. 23.

A resolution to memorialize Congress to enact legislation to support research, development, and construction of the Interstate Traveler Project through the reauthorization of the Transportation Equity Act of the 21st Century (TEA-21) and/or other related federal programs.

(For text of resolution, see House Journal No. 16, p. 192.)

(The resolution was reported by the Committee on Transportation on March 18, with substitute (H-1), consideration of which, under the rules, was postponed until March 19.)

(For substitute, see House Journal No. 20, p. 237.)

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

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

The question being on the adoption of the resolution,

The resolution was adopted.

______

Rep. Jamnick asked and obtained an excuse from the balance of today's session.

Second Reading of Bills

House Bill No. 4390, entitled

A bill to make appropriations for the department of corrections and certain state purposes related to adult corrections for the fiscal year ending September 30, 2004; to provide for the expenditure of the appropriations; and to provide for the disposition of fees and other income received by state agencies.

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

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

Rep. Shackleton moved to amend the bill as follows:

1. Amend page 43, following line 16, by inserting:

"Sec. 907. The department shall identify and manage prisoners who abuse the availability of medical services by obtaining transportation to off-site medical care when unnecessary or reasonably avoidable. In doing this, the department shall, when appropriate, consult with off-site medical facilities on how to accomplish this goal.".

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

Rep. Brandenburg moved to amend the bill as follows:

1. Amend page 7, line 12, by decreasing the amount by "16,913,200" and adjusting the subtotals, totals, and section 201 accordingly.

2. Amend page 21, following line 15, by inserting:

"Sec. 220a. The appropriation in part 1 for academic/vocational programs reflects a reduction of $16,913,200.00 from the amount recommended by the executive branch. It is the intent of the legislature that this amount of $16,913,200.00 subsequently be appropriated for fiscal year 2003-2004 educational purposes.".

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

Rep. Brandenburg demanded the yeas and nays.

The demand was supported.

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

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

Roll Call No. 73 Yeas--52

Acciavatti Gaffney Nitz Spade

Amos Garfield Nofs Stahl

Bisbee Hoogendyk Palmer Stakoe

Bradstreet Huizenga Palsrok Steil

Brandenburg Hune Pappageorge Stewart

Casperson Johnson, Rick Pastor Taub

Caswell Johnson, Ruth Richardville Van Regenmorter

Caul Julian Robertson Vander Veen

DeRoche LaJoy Rocca Voorhees

Drolet Meyer Shackleton Walker

Ehardt Middaugh Shaffer Ward

Emmons Milosch Sheen Wenke

Farhat Moolenaar Shulman Woronchak

Nays--42

Accavitti Hager LaSata Rivet

Adamini Hardman Lipsey Sheltrown

Anderson Hart Minore Smith

Brown Hood Murphy Stallworth

Byrum Hopgood Newell Tobocman

Cheeks Howell Paletko Waters

Clack Hummel Phillips Whitmer

Condino Hunter Plakas Williams

Daniels Koetje Pumford Woodward

Dennis Kolb Reeves Zelenko

Gieleghem Kooiman

In The Chair: Julian

______

Reps. Smith, Accavitti, Waters, Condino, Hood and Dennis, having reserved the right to explain their nay vote, made the following statement:

"Mr. Speaker and members of the House:

I voted no to Rep. Brandenburg's Amendment #3 to HB 4390 (H-1) because it is unfair to pit the adult education program against educational programming for prisoners. Ninety percent of the prison population will be released back into society. Eighty percent of inmates enter prison lacking basic reading, math, and writing skills. Statistics show there is a direct correlation between prisoners obtaining a high school education/GED and reduced recidivism. It is important to provide this population with the tools needed to become self-sufficient, make better decisions, and most importantly not continue in a life of crime. In addition, we have to think of the teachers. The cut would not only affect education for prisoners but also jobs for the hardworking teachers who instruct them."

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

The motion prevailed.

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

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

By unanimous consent the House returned to the order of

Third Reading of Bills

House Bill No. 4390, entitled

The bill was read a third time.

The question being on the passage of the bill,

Rep. Brandenburg moved to amend the bill as follows:

1. Amend page 7, line 12, by decreasing the amount by "8,456,600" and adjusting the subtotals, totals, and section 201 accordingly.

2. Amend page 21, following line 15, by inserting:

"Sec. 220a. The appropriation in part 1 for academic/vocational programs reflects a reduction of $8,456,600.00 from the amount recommended by the executive branch. It is the intent of the legislature that this amount of $8,456,600.00 subsequently be appropriated for fiscal year 2003-2004 educational purposes.".

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

The question being on the passage of the bill,

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

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

Rep. Pumford demanded the yeas and nays.

The demand was supported.

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

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

Roll Call No. 74 Yeas--72

Accavitti Gillard Lipsey Shackleton

Adamini Gleason McConico Sheltrown

Anderson Hager Meisner Smith

Bieda Hardman Meyer Spade

Brown Hart Middaugh Stallworth

Byrum Hood Minore Stewart

Casperson Hopgood Murphy Taub

Caswell Howell Newell Tobocman

Caul Huizenga Nitz Vagnozzi

Cheeks Hune O'Neil Vander Veen

Clack Hunter Paletko Voorhees

Condino Johnson, Rick Pappageorge Waters

Daniels Johnson, Ruth Phillips Whitmer

Dennis Julian Plakas Williams

Elkins Kolb Pumford Wojno

Farrah Kooiman Reeves Woodward

Gaffney LaSata Rivet Woronchak

Gieleghem Law Sak Zelenko

Nays--29

Acciavatti Farhat Nofs Shaffer

Amos Garfield Palmer Shulman

Bisbee Hoogendyk Palsrok Stakoe

Bradstreet Hummel Pastor Steil

Brandenburg LaJoy Richardville Walker

DeRoche Milosch Robertson Ward

Drolet Moolenaar Rocca Wenke

Emmons

In The Chair: Julian

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

Rep. Pumford demanded the yeas and nays.

The demand was supported.

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

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

Roll Call No. 75 Yeas--61

Acciavatti Gaffney Middaugh Sheen

Amos Garfield Milosch Shulman

Anderson Gillard Moolenaar Spade

Bieda Hoogendyk Nitz Stahl

Bisbee Howell Nofs Stakoe

Bradstreet Huizenga Paletko Steil

Brandenburg Hummel Palmer Stewart

Casperson Hune Palsrok Taub

Caswell Johnson, Rick Pappageorge Van Regenmorter

Caul Johnson, Ruth Pastor Vander Veen

DeRoche Julian Richardville Voorhees

Drolet Kooiman Robertson Walker

Ehardt LaJoy Rocca Ward

Elkins Law Shackleton Wenke

Emmons Meyer Shaffer Woronchak

Farhat

Nays--37

Accavitti Gleason McConico Sheltrown

Adamini Hager Minore Smith

Brown Hardman Murphy Stallworth

Byrum Hart Newell Tobocman

Cheeks Hood Phillips Waters

Clack Hunter Plakas Whitmer

Condino Kolb Pumford Williams

Daniels LaSata Reeves Woodward

Dennis Lipsey Rivet Zelenko

Gieleghem

In The Chair: Julian

______

Reps. Accavitti, Dennis, Hood and Waters, having reserved the right to explain their nay vote, made the following statement:

"Mr. Speaker and members of the House:

The question being on the passage of the bill,

The bill was then passed, a majority of the members serving voting therefor, by yeas and nays, as follows:

Roll Call No. 76 Yeas--92

Accavitti Gaffney Meyer Shaffer

Acciavatti Garfield Middaugh Sheen

Adamini Gieleghem Milosch Sheltrown

Amos Gillard Moolenaar Shulman

Anderson Gleason Murphy Spade

Bieda Hager Newell Stahl

Bisbee Hart Nitz Stakoe

Bradstreet Hoogendyk Nofs Steil

Brandenburg Hopgood O'Neil Stewart

Brown Howell Paletko Taub

Byrum Huizenga Palmer Vagnozzi

Casperson Hummel Palsrok Van Regenmorter

Caswell Hune Pappageorge Vander Veen

Caul Johnson, Rick Pastor Voorhees

Clack Johnson, Ruth Phillips Walker

Condino Julian Plakas Ward

Dennis Kolb Pumford Wenke

DeRoche Kooiman Richardville Whitmer

Ehardt LaJoy Rivet Williams

Elkins LaSata Robertson Wojno

Emmons Law Rocca Woodward

Farhat Lipsey Sak Woronchak

Farrah Meisner Shackleton Zelenko

Nays--13

Cheeks Hood Minore Stallworth

Daniels Hunter Reeves Tobocman

Drolet McConico Smith Waters

Hardman

In The Chair: Julian

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

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

A bill to make appropriations for the department of corrections and certain state purposes related to corrections for the fiscal year ending September 30, 2004; to provide for the expenditure of the appropriations; to provide for reports; to provide for the creation of certain advisory committees and boards; to prescribe certain powers and duties of the department of corrections, certain other state officers and agencies, and certain advisory committees and boards; to provide for the collection of certain funds; and to provide for the disposition of fees and other income received by certain state agencies.

The motion prevailed.

The House agreed to the title as amended.

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

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

______

Rep. Stallworth, 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 final passage of House Bill 4390, the Department of Corrections budget, because Rep. Brandenburg's Amendments were unfairly punitive in nature. The focus was on compensating for a seemingly unrelated cut in the adult education/ Merit Award scholarship programs. These amendments were not offered for consideration by members in the corrections subcommittee meeting. Ninety percent of the prison population will one day be paroled. Hence, the focus should have been on preparing these individuals to become self-sufficient so they can be reintegrated positively back into society. The cut in educational funding does not reflect this. Eighty percent of inmates enter prison lacking basic reading, math, and writing skills. Statistics show there is a direct correlation between prisoners obtaining a high school education/GED and reduced recidivism."

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

"Mr. Speaker and members of the House:

I voted no on HB 4390 (H-1) because it is unfair to pit the adult education program against educational programming for prisoners. Ninety percent of the prison population will be released back into society. Eighty percent of inmates enter prison lacking basic reading, math, and writing skills. Statistics show there is a direct correlation between prisoners obtaining a high school education/GED and reduced recidivism. It is important to provide this population with the tools needed to become self-sufficient, make better decisions, and most importantly not continue in a life of crime."

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

"Mr. Speaker and members of the House:

I voted no on passage of the Corrections budget because of the deep cuts in education for our prisoners. Education is the key to non-recidivism and to assisting prisoners towards rehabilitation. It also serves as a deterrent to mis-behavior within the prison and assists our already understaffed guards in controlling their charges. The significant education cuts in the prison budget means less safety and more cost for society and for our children as under-educated and uneducated prisoners are released and the cost of longer prison stays lingers on for years."

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

"Mr. Speaker and members of the House:

I voted no to HB 4390 because it is unfair to pit the adult education program against educational programming for prisoners. Ninety percent of the prison population will be released back into society. Eighty percent of inmates enter prison lacking basic reading, math, and writing skills. Statistics show there is a direct correlation between prisoners obtaining a high school education/GED and reduced recidivism. It is important to provide this population with the tools needed to become self-sufficient, make better decisions, and most importantly not continue in a life of crime. The Brandenburg amendment that passed is a short-sighted political ploy that would cost the state in the long run by increasing recidivism and further burdening our criminal justice system. Our state would be wise to invest resources where they will provide a greater return on our frail public budgets. The scant resources in education of our prison population help reduce future crime and lessen the need for expensive jail cells."

Reps. Hood, Waters, Reeves and Hunter, 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 final passage of HB 4390, the Corrections budget, because Rep. Brandenburg's amendments were unfairly punitive in nature. The focus was on compensating for a seemingly unrelated cut in the adult education/ Merit Award scholarship programs. These amendments were not offered for consideration by members in the corrections subcommittee meeting. Ninety percent of the prison population will one day be paroled. Hence, the focus should have been on preparing these individuals to become self-sufficient so they can be reintegrated positively back into society. The cut in educational funding does not reflect this. Eighty percent of inmates enter prison lacking basic reading, math, and writing skills. Statistics show there is a direct correlation between prisoners obtaining a high school education/GED and reduced recidivism."

By unanimous consent the House returned to the order of

Motions and Resolutions

Reps. Garfield, Woodward, Nofs, Spade, Steil, Ward, Voorhees, LaJoy, Amos, Hummel, Stahl, Pastor, Acciavatti, Brandenburg, Shaffer, Vander Veen, Pappageorge, Richardville, Farrah, Dennis, Vagnozzi, Phillips, Gieleghem, Accavitti, Anderson, Gillard, Elkins, Meisner, Gleason, Palsrok, Ruth Johnson, Rocca, Milosch, Ehardt, Hager, Hardman, Hopgood, Huizenga, Kolb, Lipsey, Minore, Murphy, Sak, Sheltrown, Shulman, Stewart, Tobocman, Woronchak, Law, McConico, Wojno, Bieda and Farhat offered the following resolution:

House Resolution No. 40.

A resolution to memorialize Congress to include funding for the American Red Cross Armed Forces Emergency Services in the National Defense Authorization Act and the Department of Defense Appropriations Act for fiscal year 2004.

Whereas, For over a century, the American Red Cross has served as a link between the people of the United States and their Armed Forces; and

Whereas, Under its Congressional Charter of 1905, the American Red Cross is entrusted to deliver emergency messages to members of the Armed Forces and their families; and

Whereas, Military commanders around the world rely on the Red Cross Armed Forces Emergency Services (AFES) to verify the need to approve leave for military personnel, and to provide financial support to enable them to return home when necessary; and

Whereas, In order to meet the Department of Defense requirements for emergency leave verification, Red Cross AFES is on call every hour of every day and night for 13 million service members and their families; and

Whereas, The Red Cross AFES program maintains a global emergency communications network supported by
392 employees and 28,000 volunteers located in 961 chapters across the nation, on 108 military installations around the world, and at two AFES Centers located at Fort Sill, Oklahoma, and Falls Church, Virginia; and

Whereas, Michigan's 26 Red Cross chapters and its work on three installations provided emergency communications assistance to 6,238 military personnel and their families in Fiscal Year 2002. Since last July, the American Red Cross in Michigan has seen a 43% increase in the number of military cases served over last year; and

Whereas, Operation Enduring Freedom, the war on terrorism, and the Iraq conflict have placed increased demands on this vital program. The Red Cross and Congress can no longer rely on charitable contributions from the American public to support this required service, especially during the current economic downturn; now, therefore, be it

Resolved by the House of Representatives, That we memorialize Congress to include funding for the American Red Cross Armed Forces Emergency Services in the National Defense Authorization Act and the Department of Defense Appropriations Act for fiscal year 2004 to help fund costs associated with AFES emergency communications and staff mobilization and deployment. We also support the inclusion of AFES funding in the Department of Defense budget request starting in fiscal year 2005; and be it further

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

Pending the reference of the resolution to a committee,

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

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

The question being on the adoption of the resolution,

The resolution was adopted.

Reps. Bieda, Adamini, Dennis, Elkins, Farrah, Gillard, Hopgood, Hunter, Kolb, Lipsey, Minore, Murphy, Paletko, Sak, Sheltrown, Spade, Tobocman, Vagnozzi, Woronchak, Law and McConico offered the following resolution:

House Resolution No. 41.

A resolution to memorialize the Congress of the United States to enact the Emergency Unemployment Compensation Act of 2003.

Whereas, In the wake of the tragedy of September 11, 2001, the international situation overall and the economic impact of all of these factors, the global economy is suffering through its most difficult period in many years. The impact is being felt acutely in state capitals and city halls across the country, but the true impact of the economic downturn is most directly felt by the thousands of men and women who, through no fault of their own, face the devastation of unemployment; and

Whereas, The President signed legislation in January 2003 to reinstate temporary unemployment benefits that had expired at the end of 2002. However, this measure does not provide adequate help to the more than one million workers who have exhausted their unemployment benefits and are still unable to find work. These families face severe hardship. For them, every extension of unemployment compensation is of the utmost importance; and

Whereas, Extending benefits for those who have exhausted benefits, a strategy that has been used in prior downturns, utilizes funds set aside for this purpose. As our country tries to revive the economy, extending unemployment compensation benefits by an additional 26 weeks, which the Emergency Unemployment Compensation Act of 2003, H.R. 17, currently before Congress would do, could be an effective stimulus; now, therefore, be it

Resolved by the House of Representatives, That we memorialize the Congress of the United States to enact the Emergency Unemployment Compensation Act of 2003; and be it further

The resolution was referred to the Committee on Employment Relations, Training and Safety.

Reports of Standing Committees

The Committee on Land Use and Environment, by Rep. Ruth Johnson, Chair, reported

House Resolution No. 36.

A resolution to memorialize the Congress of the United States to provide assistance to help Michigan combat the infestation from the emerald ash borer.

(For text of resolution, see House Journal No. 28, p. 354.)

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

Substitute for House Resolution No. 36.

A resolution to memorialize the federal government to establish a quarantine for the emerald ash borer and provide assistance to help Michigan combat the infestation.

Whereas, In an amazingly short period of time, an important species of tree in Michigan faces a devastating infestation from an insect known as the emerald ash borer. This beetle, which has also been found in Ontario and Ohio, is thought to have entered Michigan in 1997. Already, this insect has killed 5 million trees in the six-county area of southeastern Michigan. In response, the state has quarantined the six counties, where approximately 28 million ash trees are at risk; and

Whereas, The potential economic and ecosystem impact of this invading species would be dramatic across our state and potentially the entire country. In addition to what the loss of all ash trees would mean to the appearance of our homes, communities, and the entire state, ash trees constitute an important and versatile lumber resource that may be lost without swift and certain actions. As with any type of plant so widespread, the loss of Michigan's estimated one billion ash trees clearly could have unforeseen effects on our forest ecology; and

Whereas, The United States Department of Agriculture (USDA) must establish a federal quarantine for the emerald ash borer. Such action would provide uniform rules for slowing or containing the northern advance of the insect; guarantee sufficient protections for international commerce with Canada, which is also experiencing infestation; and allow for the compensation of a number of growers, distributors, retailers, and contractors within the quarantine area who have lost crops and sales without warning; and

Whereas, In an effort to save this species of tree, Michigan has asked Congress to provide financial assistance to state and municipal officials. In addition, these officials need technical assistance to develop a sound strategy of combating this destructive vermin, which clearly has the potential to cause great damage not only in Michigan, but across the country; now, therefore, be it

Resolved by the House of Representatives, That we memorialize the Congress of the United States to establish a quarantine for the emerald ash borer and provide assistance to help Michigan combat the infestation; 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 United States Department of Agriculture, and the members of the Michigan congressional delegation.

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

Favorable Roll Call

To Report Out:

Yeas: Reps. Ruth Johnson, LaJoy, Milosch, Nitz, Ward, Farrah, Gieleghem, Dennis and Law

Nays: None

COMMITTEE ATTENDANCE REPORT

The following report, submitted by Rep. Ruth Johnson, Chair of the Committee on Land Use and Environment, was received and read:

Meeting held on: Wednesday, April 9, 2003, at 2:10 p.m.

Present: Reps. Ruth Johnson, LaJoy, Milosch, Nitz, Ward, Farrah, Gieleghem, Dennis and Law

Absent: Reps. DeRossett and Brandenburg

Excused: Reps. DeRossett and Brandenburg

COMMITTEE ATTENDANCE REPORT

The following report, submitted by Rep. Casperson, Vice-Chair of the Committee on Transportation, was received and read:

Meeting held on: Thursday, April 10, 2003, at 9:00 a.m.

Present: Reps. Casperson, Hummel, DeRoche, Gaffney, Hune, Huizenga, LaJoy, Robertson, Anderson, Jamnick, Gleason, Tobocman, Adamini, Murphy and Elkins

Absent: Reps. DeRossett and Ward

Excused: Reps. DeRossett and Ward

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Thursday, April 10, 2003, at 9:00 a.m.

Present: Reps. Voorhees, Hart, LaSata, Stakoe, Dennis, Hood and Smith

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, April 10:

House Bill Nos. 4540 4541 4542 4543 4544 4545 4546 4547 4548 4549 4550 4551 4552 4553 4554

Communications from State Officers

The following communication from the Secretary of State was received and read:

Notice of Filing

Administrative Rules

April 1, 2003

In accordance with the provisions of Section 46(1) of Act 306, Public Acts of 1969, as amended, and Executive Order 1995-6 this is to advise you that the Office of Regulatory Reform, Legal Division filed at 2:50 P.M. this date, administrative rule (03-04-01) for the Department of Consumer and Industry Services, Public Service Commission, entitled "Telecommunications Service Quality", effective August 1, 2003.

Sincerely,

Terri Lynn Land

Secretary of State

Elena L. Beasley, Manager

Office of the Great Seal

The communication was referred to the Clerk.

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

April 1, 2003

I am pleased to provide the Michigan Department of Transportation's report on transportation accessibility for seniors and persons with disabilities for Fiscal Year 2002.

The report is being forwarded to the Legislature for their information pursuant to Section 10e(21) of Act 51 of the Public Acts of 1951, as amended.

Sincerely,

Gloria J. Jeff

Director

The communication was referred to the Clerk.

Introduction of Bills

Reps. Richardville, Gaffney, Nofs, Bieda, Dennis, Vagnozzi, Vander Veen, Rocca, Julian, Stahl, LaSata, Hummel, Taub and Waters introduced

House Bill No. 4555, entitled

A bill to amend 1931 PA 328, entitled "The Michigan penal code," (MCL 750.1 to 750.568) by adding section 353b.

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

Rep. Bieda introduced

House Bill No. 4556, entitled

A bill to amend 1967 PA 281, entitled "Income tax act of 1967," by amending section 110 (MCL 206.110), as amended by 1996 PA 484.