2004-HJ-03-10-020.htm

No. 20

STATE OF MICHIGAN

JOURNAL

OF THE

House of Representatives

92nd Legislature

REGULAR SESSION OF 2004

House Chamber, Lansing, Wednesday, March 10, 2004.

1:00 p.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--excused Spade--present

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

Bisbee--present Hart--present Mortimer--present Stakoe--present

Bradstreet--present Hood--present Murphy--present Stallworth--present

Brandenburg--excused Hoogendyk--present Newell--present Steil--present

Brown--present Hopgood--present Nitz--present Stewart--present

Byrum--present Howell--present Nofs--present Tabor--present

Casperson--present Huizenga--present O'Neil--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--excused Jamnick--present Pastor--present Vander Veen--present

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

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

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

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

DeRossett--present 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. Tom Casperson, from the 108th District, offered the following invocation:

"Heavenly Father, we come to You today and we thank You for the beautiful day You have given us. We thank You for the many blessings You have given us. Lord, we humbly come and ask for Your forgiveness where we fall short. We just ask that You forgive us. I ask for Your guidance and Your wisdom in this house and the people that work in it. I ask that You would be ever mindful of the things that we are doing, and that You would give us Your wisdom and Your guidance every day. Lord, help us be mindful of what You would have us do. I ask that You be with us today, Lord. Help us in the decisions we make that they would be pleasing in Your sight. We ask these things in Jesus' precious name. Amen."

______

Rep. Palmer moved that Reps. Brandenburg and Rick Johnson be excused from today's session.

The motion prevailed.

Rep. Waters moved that Rep. Hardman be excused from this week's session.

The motion prevailed.

Rep. Waters moved that Reps. Minore and Phillips be excused from today's session.

The motion prevailed.

Second Reading of Bills

House Bill No. 5337, entitled

A bill to amend 1961 PA 236, entitled "Revised judicature act of 1961," by amending sections 504, 517, 518, 542, 549g, 803, 810a, 8117, 8142, 8162, and 8163 (MCL 600.504, 600.517, 600.518, 600.542, 600.549g, 600.803, 600.810a, 600.8117, 600.8142, 600.8162, and 600.8163), sections 504, 517, 803, and 810a as amended by 2002 PA 715,section 518 as amended by 2001 PA 256, section 542 as amended by 1984 PA 95, section 549g as added by 1981 PA 182, and section 8117 as amended by 1997 PA 161.

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

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

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

The motion prevailed.

Rep. Huizenga 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. 5337, 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. 96 Yeas--55

Accavitti Gaffney Lipsey Spade

Acciavatti Gieleghem McConico Stallworth

Adamini Gleason Murphy Stewart

Anderson Hager Newell Tobocman

Bieda Hood O'Neil Vagnozzi

Brown Hopgood Pastor Voorhees

Byrum Howell Plakas Waters

Cheeks Hunter Richardville Wenke

Condino Jamnick Rivet Whitmer

Daniels Julian Rocca Williams

Dennis Kolb Sak Wojno

Elkins Kooiman Shackleton Woronchak

Farhat LaJoy Sheltrown Zelenko

Farrah Law Smith

Nays--46

Amos Gillard Moolenaar Shulman

Bisbee Hart Mortimer Stahl

Bradstreet Hoogendyk Nitz Stakoe

Casperson Huizenga Nofs Steil

Caswell Hummel Palmer Tabor

Caul Hune Palsrok Taub

DeRoche Johnson, Ruth Pappageorge Van Regenmorter

DeRossett LaSata Pumford Vander Veen

Drolet Meisner Robertson Walker

Ehardt Meyer Shaffer Ward

Emmons Middaugh Sheen Woodward

Garfield Milosch

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 1961 PA 236, entitled "Revised judicature act of 1961," by amending sections 504, 517, 518, 549g, 803, and 8142 (MCL 600.504, 600.517, 600.518, 600.549g, 600.803, and 600.8142), sections 504, 517, and 803 as amended by 2002 PA 715, section 518 as amended by 2001 PA 256, and section 549g as added by 1981 PA 182. The motion prevailed.

The House agreed to the title as amended.

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

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

______

Rep. Hoogendyk, 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:

We need to take every opportunity to cut the size of government. A very detailed report was submitted by the State Court Administrator's office recommending the reduction of one judge in Kalamazoo and one judge in Saginaw. Oddly, those two elements did not make it into the bill. I am convinced we could have done without that extra judge in Kalamazoo county. It is a missed opportunity for the county and the state to save precious resources."

Second Reading of Bills

House Bill No. 5281, entitled

A bill to amend 1956 PA 218, entitled "The insurance code of 1956," (MCL 500.100 to 500.8302) by adding section 410a.

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

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

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

The motion prevailed.

Rep. Huizenga 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. 5281, entitled

A bill to amend 1956 PA 218, entitled "The insurance code of 1956," (MCL 500.100 to 500.8302) by adding section 410a.

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

Roll Call No. 97 Yeas--96

Accavitti Gieleghem Middaugh Shulman

Acciavatti Gillard Milosch Smith

Adamini Gleason Moolenaar Spade

Amos Hager Mortimer Stahl

Bieda Hart Murphy Stakoe

Bisbee Hood Newell Stallworth

Bradstreet Hoogendyk Nitz Steil

Brown Howell Nofs Stewart

Byrum Huizenga O'Neil Tabor

Casperson Hummel Palmer Taub

Caswell Hune Palsrok Tobocman

Caul Hunter Pappageorge Vagnozzi

Cheeks Jamnick Pastor Van Regenmorter

Condino Johnson, Ruth Plakas Vander Veen

Dennis Julian Pumford Voorhees

DeRoche Koetje Richardville Walker

DeRossett Kolb Rivet Ward

Drolet Kooiman Robertson Wenke

Ehardt LaJoy Rocca Whitmer

Elkins LaSata Sak Williams

Emmons Law Shackleton Wojno

Farhat Lipsey Shaffer Woodward

Farrah Meisner Sheen Woronchak

Gaffney Meyer Sheltrown Zelenko

Nays--5

Anderson Hopgood McConico Waters

Daniels

In The Chair: Julian

The House agreed to the title of the bill.

Rep. Huizenga 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. 4937, entitled

A bill to amend 1965 PA 290, entitled "Boiler act of 1965," by amending section 7a (MCL 408.757a), as amended by 1982 PA 176.

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

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

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

The motion prevailed.

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

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

______

Rep. Nitz moved that Rep. Garfield 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. 4937, entitled

A bill to amend 1965 PA 290, entitled "Boiler act of 1965," by amending section 7a (MCL 408.757a), as amended by 1982 PA 176.

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

Roll Call No. 98 Yeas--101

Accavitti Gieleghem Meyer Shulman

Acciavatti Gillard Middaugh Smith

Adamini Gleason Milosch Spade

Amos Hager Moolenaar Stahl

Anderson Hart Mortimer Stakoe

Bieda Hood Murphy Stallworth

Bisbee Hoogendyk Newell Steil

Bradstreet Hopgood Nitz Stewart

Brown Howell Nofs Tabor

Byrum Huizenga O'Neil Taub

Casperson Hummel Palmer Tobocman

Caswell Hune Palsrok Vagnozzi

Caul Hunter Pappageorge Van Regenmorter

Cheeks Jamnick Pastor Vander Veen

Condino Johnson, Ruth Plakas Voorhees

Daniels Julian Pumford Walker

Dennis Koetje Richardville Ward

DeRoche Kolb Rivet Waters

DeRossett Kooiman Robertson Wenke

Drolet LaJoy Rocca Whitmer

Ehardt LaSata Sak Williams

Elkins Law Shackleton Wojno

Emmons Lipsey Shaffer Woodward

Farhat McConico Sheen Woronchak

Farrah Meisner Sheltrown Zelenko

Gaffney

Nays--0

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 1965 PA 290, entitled "Boiler act of 1965," by amending sections 2, 3, and 7a (MCL 408.752, 408.753, and 408.757a), sections 2 and 3 as amended by 1986 PA 277 and section 7a as amended by 1982 PA 176. The motion prevailed.

The House agreed to the title as amended.

Rep. Huizenga 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. 5394, entitled

A bill to restrict the use and disclosure of certain statements made by law enforcement officers.

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

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

Reps. Howell and Lipsey 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.

Reps. Howell and Lipsey moved to amend the bill as follows:

1. Amend page 3, line 9, after "a" by striking out "civil" and inserting "criminal".

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

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

The motion prevailed.

Rep. Huizenga 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. 5394, entitled

A bill to restrict the use and disclosure of certain statements made by law enforcement officers.

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

Roll Call No. 99 Yeas--72

Adamini Gillard Meisner Shaffer

Anderson Gleason Meyer Sheltrown

Bieda Hager Middaugh Shulman

Bisbee Hart Mortimer Smith

Bradstreet Hood Newell Stahl

Brown Hopgood Nitz Stakoe

Byrum Howell Nofs Stallworth

Caswell Huizenga O'Neil Stewart

Caul Hummel Palmer Tabor

Cheeks Hunter Palsrok Taub

Daniels Johnson, Ruth Pappageorge Vagnozzi

DeRossett Julian Pastor Van Regenmorter

Ehardt Koetje Plakas Vander Veen

Elkins Kooiman Pumford Voorhees

Emmons LaSata Richardville Waters

Farrah Law Rivet Wenke

Gaffney Lipsey Rocca Wojno

Gieleghem McConico Shackleton Woodward

Nays--29

Accavitti Farhat Moolenaar Tobocman

Acciavatti Hoogendyk Murphy Walker

Amos Hune Robertson Ward

Casperson Jamnick Sak Whitmer

Condino Kolb Sheen Williams

Dennis LaJoy Spade Woronchak

DeRoche Milosch Steil Zelenko

Drolet

In The Chair: Julian

The House agreed to the title of the bill.

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

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

______

Reps. Whitmer and Zelenko, 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 House Bill 5394 because it goes too far. While the objective of protecting police officers from being deprived of their Fifth Amendment right against self-incrimination is certainly an important one, the bill would completely remove these statements from public scrutiny.

Police officers, being human, are prone to the same failings as everyone else these failings are particularly problematic for police personnel because of the level of power and authority that the citizens have given to them. The risks that that power could be abused make it imperative that be held to certain standards of public accountability. That is why I cannot support the bill's nearly complete barrier against access to and the use of these statements.

Furthermore, not only will the bill make it more difficult to expose wrongdoing to the public that pays the police officers' salaries, the fact that it blocks the use of information in civil cases makes the very difficult prospect of bringing a lawsuit against a police officer even more challenging. Governmental immunity already provides a great deal of protection against civil law suits, this bill enhances that immunity by limiting access to what could amount to an admission of wrongdoing. There is good reason to bar compelled testimony in criminal cases (in fact that is why it is already prohibited), however, it is another matter entirely to block access in civil cases."

Rep. Murphy, 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:

Protecting police officers from being deprived of their Fifth Amendment right against self-incrimination is certainly an important one, the bill would completely remove these statements from public scrutiny.

Police officers, being human, are prone to the same failings as everyone else - these failings are particularly problematic for police personnel because of the level of power and authority that the citizens have given to them. The risks that that power could be abused make it imperative that be held to certain standards of public accountability. That is why I cannot support the bill's nearly complete barrier against access to and the use of these statements.

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

"Mr. Speaker and members of the House:

Furthermore, not only will the bill make it more difficult to expose wrongdoing to the public that pays the police officers' salaries, the fact that it blocks the use of information in civil cases makes the very difficult prospect of bringing a lawsuit against a police officer even more challenging. There is good reason to bar compelled testimony in criminal cases (in fact that is why it is already prohibited), however, it is another matter entirely to block access in civil cases. Governmental immunity already provides a great deal of protection against civil law suits, this bill enhances that immunity by limiting access to what could amount to an admission of wrongdoing."

Second Reading of Bills

House Bill No. 5483, entitled

A bill to amend 2000 PA 146, entitled "Obsolete property rehabilitation act," by amending section 2 (MCL 125.2782).

The bill was read a second time.

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

The motion prevailed.

Rep. Huizenga 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. 5483, entitled

A bill to amend 2000 PA 146, entitled "Obsolete property rehabilitation act," by amending section 2 (MCL 125.2782).

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

Roll Call No. 100 Yeas--100

Accavitti Gaffney Meisner Sheltrown

Acciavatti Gieleghem Meyer Shulman

Adamini Gillard Middaugh Smith

Amos Gleason Milosch Spade

Anderson Hager Moolenaar Stahl

Bieda Hart Mortimer Stakoe

Bisbee Hood Murphy Steil

Bradstreet Hoogendyk Newell Stewart

Brown Hopgood Nitz Tabor

Byrum Howell Nofs Taub

Casperson Huizenga O'Neil Tobocman

Caswell Hummel Palmer Vagnozzi

Caul Hune Palsrok Van Regenmorter

Cheeks Hunter Pappageorge Vander Veen

Condino Jamnick Pastor Voorhees

Daniels Johnson, Ruth Plakas Walker

Dennis Julian Pumford Ward

DeRoche Koetje Richardville Waters

DeRossett Kolb Rivet Wenke

Drolet Kooiman Robertson Whitmer

Ehardt LaJoy Rocca Williams

Elkins LaSata Sak Wojno

Emmons Law Shackleton Woodward

Farhat Lipsey Shaffer Woronchak

Farrah McConico Sheen Zelenko

Nays--0

In The Chair: Julian

The House agreed to the title of the bill.

Rep. Huizenga 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. 5484, entitled

A bill to amend 1992 PA 147, entitled "Neighborhood enterprise zone act," by amending sections 5 and 12 (MCL 207.775 and 207.782), section 12 as amended by 2001 PA 217.

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

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

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

The motion prevailed.

Rep. Huizenga 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. 5484, entitled

A bill to amend 1992 PA 147, entitled "Neighborhood enterprise zone act," by amending sections 5 and 12 (MCL 207.775 and 207.782), section 12 as amended by 2001 PA 217.

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

Roll Call No. 101 Yeas--100

Accavitti Gieleghem Meyer Shulman

Acciavatti Gillard Middaugh Smith

Adamini Gleason Milosch Spade

Amos Hager Moolenaar Stahl

Anderson Hart Mortimer Stakoe

Bieda Hood Murphy Stallworth

Bisbee Hoogendyk Newell Steil

Bradstreet Hopgood Nitz Stewart

Brown Howell Nofs Tabor

Byrum Huizenga O'Neil Taub

Casperson Hummel Palmer Tobocman

Caswell Hune Palsrok Vagnozzi

Caul Hunter Pappageorge Van Regenmorter

Cheeks Jamnick Pastor Vander Veen

Condino Johnson, Ruth Plakas Voorhees

Daniels Julian Pumford Walker

Dennis Koetje Richardville Ward

DeRoche Kolb Rivet Waters

DeRossett Kooiman Robertson Wenke

Ehardt LaJoy Rocca Whitmer

Elkins LaSata Sak Williams

Emmons Law Shackleton Wojno

Farhat Lipsey Shaffer Woodward

Farrah McConico Sheen Woronchak

Gaffney Meisner Sheltrown Zelenko

Nays--1

Drolet

In The Chair: Julian

The House agreed to the title of the bill.

Rep. Huizenga 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. 5552, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending sections 50501, 50502, 50504, 50506, 50507, and 50508 (MCL 324.50501, 324.50502, 324.50504, 324.50506, 324.50507, and 324.50508), as added by 1995 PA 57.

The bill was read a second time.

Rep. Brown moved to amend the bill as follows:

1. Amend page 3, line 20, after the first "the" by inserting "director,".

2. Amend page 3, line 21, by striking out "the attorney general, the state forester,".

3. Amend page 3, line 21, after "and" by striking out "4" and inserting "5".

4. Amend page 4, following line 4, by inserting:

"(e) One individual shall be from a statewide, broad-based, sportsman and conservation organization.".

5. Amend page 4, line 5, after "The" by striking out "4" and inserting "5".

6. Amend page 4, line 6, after "to" by striking out "(d)" and inserting "(e)".

7. Amend page 4, line 7, after "initial" by striking out "4" and inserting "5".

8. Amend page 4, line 8, after the first "years," by striking out "1" and inserting "2".

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

Rep. Brown moved to amend the bill as follows:

1. Amend page 3, line 13, by striking out all of subdivision (f) and inserting:

"(f) "State forester" means an employee of the department who has a 4-year degree in forest management from an accredited college or university and experience in forest management and who is designated as the state forester by the director.".

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

Rep. Brown moved to amend the bill as follows:

1. Amend page 9, line 18, by striking out all of subdivision (e) and relettering the remaining subdivision.

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

Rep. Rivet moved to amend the bill as follows:

1. Amend page 9, line 15, by striking out all of subdivision (c) and relettering the remaining subdivisions.

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

Rep. Meyer moved to amend the bill as follows:

1. Amend page 9, line 15, after "payments" by striking out "in lieu of taxes" and inserting "made under subparts 13 and 14 of part 21".

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

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

The motion prevailed.

Rep. Huizenga 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. 5552, 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. 102 Yeas--57

Acciavatti Hager Moolenaar Sheen

Adamini Hoogendyk Mortimer Sheltrown

Amos Howell Newell Stakoe

Bisbee Huizenga Nitz Steil

Bradstreet Hummel Nofs Tabor

Brown Hune Palmer Taub

Casperson Johnson, Ruth Palsrok Van Regenmorter

Caswell Julian Pappageorge Vander Veen

Caul Koetje Pastor Voorhees

DeRossett Kooiman Richardville Walker

Drolet LaJoy Robertson Ward

Ehardt Meyer Sak Wenke

Elkins Middaugh Shackleton Woronchak

Emmons Milosch Shaffer Zelenko

Gillard

Nays--36

Accavitti Gieleghem Law Spade

Anderson Gleason Lipsey Stewart

Bieda Hart McConico Tobocman

Byrum Hood Meisner Vagnozzi

Cheeks Hopgood O'Neil Waters

Condino Hunter Plakas Whitmer

Daniels Jamnick Pumford Williams

Dennis Kolb Rivet Wojno

Farrah LaSata Smith Woodward

In The Chair: Julian

The House agreed to the title of the bill.

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

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

______

Rep. Law, 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 House Bill 5552 because there is no reason to change the composition of the Forest Finance Authority Board to one that is dominated by loggers, sawmills and the forest products industry. The obvious intent is to have the industry dictate what public policy ought to be on publicly owned land. At a minimum other interests should be represented on the board. Environmental and conservation groups, camping, hunting and recreational organizations also have a stake in the state's forests, parks and recreational areas and should be represented as well.

The Forest Development Fund currently has a structural deficit. This would only bankrupt the fund sooner. Furthermore the Forest Development Fund is supposed to be used to pay for improvements to the state forests; for forest protection, reforestation and in general to protect this vast public asset. This bill would divert money from the fund to forest management on private land."

Rep. Huizenga moved to reconsider the vote by which the House passed the bill.

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

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. 103 Yeas--65

Acciavatti Gillard Moolenaar Sheltrown

Adamini Hager Mortimer Shulman

Amos Hart Newell Stahl

Bisbee Hoogendyk Nitz Stakoe

Bradstreet Howell Nofs Steil

Brown Huizenga Palmer Stewart

Casperson Hummel Palsrok Tabor

Caswell Hune Pappageorge Taub

Caul Johnson, Ruth Pastor Van Regenmorter

DeRoche Julian Richardville Vander Veen

DeRossett Koetje Robertson Voorhees

Drolet Kooiman Rocca Walker

Ehardt LaJoy Sak Ward

Elkins Meyer Shackleton Wenke

Emmons Middaugh Shaffer Woronchak

Farhat Milosch Sheen Zelenko

Gaffney

Nays--36

Accavitti Gieleghem Lipsey Spade

Anderson Gleason McConico Stallworth

Bieda Hood Meisner Tobocman

Byrum Hopgood Murphy Vagnozzi

Cheeks Hunter O'Neil Waters

Condino Jamnick Plakas Whitmer

Daniels Kolb Pumford Williams

Dennis LaSata Rivet Wojno

Farrah Law Smith Woodward

In The Chair: Julian

Second Reading of Bills

House Bill No. 5553, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," (MCL 324.101 to 324.90106) by adding section 52511.

The bill was read a second time.

Rep. Brown moved to amend the bill as follows:

1. Amend page 1, line 1, after "31," by striking out "2004," and inserting "2006,".

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

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

The motion prevailed.

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

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

______

Rep. Nitz moved that Rep. Ward 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. 5553, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," (MCL 324.101 to 324.90106) by adding section 52511.

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

Roll Call No. 104 Yeas--63

Acciavatti Gaffney Milosch Sheltrown

Adamini Gillard Moolenaar Shulman

Amos Gleason Mortimer Stahl

Bisbee Hager Newell Stakoe

Bradstreet Hoogendyk Nitz Steil

Brown Howell Nofs Stewart

Casperson Huizenga Palmer Tabor

Caswell Hummel Palsrok Taub

Caul Hune Pappageorge Van Regenmorter

DeRoche Johnson, Ruth Pastor Vander Veen

DeRossett Julian Richardville Voorhees

Drolet Koetje Robertson Walker

Ehardt Kooiman Rocca Wenke

Elkins LaJoy Shackleton Woronchak

Emmons Meyer Shaffer Zelenko

Farhat Middaugh Sheen

Nays--37

Accavitti Hart McConico Spade

Anderson Hood Meisner Stallworth

Bieda Hopgood Murphy Tobocman

Byrum Hunter O'Neil Vagnozzi

Cheeks Jamnick Plakas Waters

Condino Kolb Pumford Whitmer

Daniels LaSata Rivet Williams

Dennis Law Sak Wojno

Farrah Lipsey Smith Woodward

Gieleghem

In The Chair: Julian

The House agreed to the title of the bill.

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

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

______

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

"Mr. Speaker and members of the House:

I voted no on HB 5553 because:

This is just the first step in privatizing the state's public forests, recreation areas and parks by loggers lumberjacks, sawmills and other profit motivated interests. There is an obvious inherent conflict of interest in allowing a private contractor to be in charge of both the marking and cutting of trees. They have no investment to protect and may be driven by profit motive rather than the protection of a public resource.

There is no reason to put loggers and sawmills in charge of this vast public resource. There are a large number of other uses for the state forest that need to be taken into account, not just timber production and harvest."

Second Reading of Bills

House Bill No. 5554, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending the heading to part 525 and section 52501 (MCL 324.52501), as added by 1995 PA 57, and by adding sections 52502, 52503, 52504, 52505, 52506, and 52507.

The bill was read a second time.

Rep. Sheltrown moved to amend the bill as follows:

1. Amend page 2, line 23, after "land" by striking out "owned or controlled" and inserting "designated as state forest".

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

Rep. Rivet moved to amend the bill as follows:

1. Amend page 2, line 13, by striking out all of subdivision (g) and relettering the remaining subdivisions.

2. Amend page 5, line 7, by striking out all of sections 52503 and 52504 and renumbering the remaining sections.

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

Rep. Rivet moved to amend the bill as follows:

1. Amend page 3, line 6, after "forestry" by striking out the balance of the section and inserting a period.

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

Rep. Walker moved to amend the bill as follows:

1. Amend page 5, line 23, after the second "forest" by striking out "projects" and inserting "products".

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

Rep. Walker moved to amend the bill as follows:

1. Amend page 5, line 17, after "annual" by striking out "productivity" and inserting "capability".

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

Rep. Brown moved to amend the bill as follows:

1. Amend page 3, line 27, after "waterbodies" by inserting "in a manner consistent with the department's best management practices for water quality".

2. Amend page 6, line 17, after "of" by striking out "a" and inserting "at least 1".

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

Rep. Casperson moved to amend the bill as follows:

1. Amend page 6, line 3, by striking out all of line 3 and inserting a period.

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

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

The motion prevailed.

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

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

______

Rep. Rocca moved that Rep. Ruth Johnson 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. 5554, 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. 105 Yeas--63

Acciavatti Gaffney Moolenaar Shulman

Adamini Gillard Mortimer Stahl

Amos Gleason Newell Stakoe

Bisbee Hager Nitz Steil

Bradstreet Hoogendyk Nofs Stewart

Brown Howell Palmer Tabor

Casperson Huizenga Palsrok Taub

Caswell Hummel Pappageorge Van Regenmorter

Caul Hune Pastor Vander Veen

DeRoche Julian Richardville Voorhees

DeRossett Koetje Robertson Walker

Drolet Kooiman Rocca Ward

Ehardt LaJoy Shackleton Wenke

Elkins Meyer Shaffer Woronchak

Emmons Middaugh Sheen Zelenko

Farhat Milosch Sheltrown

Nays--37

Accavitti Hart McConico Spade

Anderson Hood Meisner Stallworth

Bieda Hopgood Murphy Tobocman

Byrum Hunter O'Neil Vagnozzi

Cheeks Jamnick Plakas Waters

Condino Kolb Pumford Whitmer

Daniels LaSata Rivet Williams

Dennis Law Sak Wojno

Farrah Lipsey Smith Woodward

Gieleghem

In The Chair: Julian

The House agreed to the title of the bill.

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

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

______

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

"Mr. Speaker and members of the House:

I voted no on HB 5554 because:

Last month the governor announced that she has instructed the DNR to certify the state's forests to both SFI and FSC standards. There simply is no reason for this legislation. Furthermore the provisions in this bill are not flexible enough and actually will hinder the state in the certification process.

The definition of state forests in the bill includes state parks, natural areas, and game and wildlife areas. There are legal reasons why certain parcels should not be included in this definition; as a matter of fact it is possible that it could lead to the loss of federal funds."

Rep. Huizenga 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. Gaffney, Accavitti, Adamini, Anderson, Bieda, Byrum, Daniels, DeRossett, Ehardt, Farhat, Gieleghem, Gillard, Gleason, Hager, Jamnick, Koetje, Law, Meyer, Middaugh, Pappageorge, Richardville, Rivet, Sak, Sheltrown, Shulman, Spade, Taub, Tobocman, Vagnozzi, Vander Veen, Voorhees, Wojno, Woodward, Zelenko, Acciavatti, Caul, Kooiman, Murphy, Nofs, Plakas, Rocca and Stallworth offered the following resolution:

House Resolution No. 213.

A resolution recognizing April 7, 2004 as World Health Day.

Whereas, The World Health Organization has designated April 7, 2004, as World Health Day with the theme of road safety; and

Whereas, Over 42,000 Americans die in motor vehicle crashes every year, making motor vehicles crashes the leading cause of death for people ages 1 to 34 in the United States; and

Whereas, Death and injury from motor vehicle crashes may be significantly reduced by greater public awareness, enforcement and strengthening of existing laws; and

Whereas, Research indicates that between 1979 and 1999 safety belts have been effective in saving approximately 123,000 lives in the United States; and

Whereas, In 2004 AAA and other safety groups across the country will be emphasizing the importance of safety belt use; and

Whereas, Minor steps like wearing safety belts, obeying traffic laws, avoiding distracted driving and knowing your personal driving limits will reduce traffic crashes and injuries; now, therefore, be it

Resolved by the House of Representatives, That the members of this legislative body recognize April 7, 2004, as World Health Day.

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.

Reports of Standing Committees

The Committee on Judiciary, by Rep. Howell, Chair, reported

Senate Bill No. 788, entitled

A bill to amend 1961 PA 236, entitled "Revised judicature act of 1961," by amending section 518 (MCL 600.518), as amended by 2001 PA 256.

Without amendment and with the recommendation that the bill pass.

The bill was referred to the order of Second Reading of Bills and laid over one day under the rules.

Favorable Roll Call

To Report Out:

Yeas: Reps. Howell, Van Regenmorter, Koetje, Pappageorge, Gaffney, Lipsey, Adamini and Condino

Nays: None

The Committee on Judiciary, by Rep. Howell, Chair, reported

Senate Bill No. 829, entitled

A bill to amend 1961 PA 236, entitled "Revised judicature act of 1961," by amending section 517 (MCL 600.517), as amended by 2002 PA 715.

Without amendment and with the recommendation that the bill pass.

The bill was referred to the order of Second Reading of Bills and laid over one day under the rules.

Favorable Roll Call

To Report Out:

Yeas: Reps. Howell, Van Regenmorter, Koetje, Pappageorge, Gaffney, Lipsey, Adamini and Condino

Nays: None

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Tuesday, March 9, 2004

Present: Reps. Howell, LaSata, Van Regenmorter, Bradstreet, Koetje, Pappageorge, Voorhees, Gaffney, Garfield, Wenke, Lipsey, Adamini, Bieda, Condino and Smith

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

House Bill No. 5121, entitled

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

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

The bill and substitute were referred to the order of Second Reading of Bills and laid over one day under the rules.

Favorable Roll Call

To Report Out:

Yeas: Reps. Palmer, Hummel, Meyer, Bradstreet, Hager, Hart, Ruth Johnson, Tabor, Voorhees, Vander Veen, Nofs, Stahl, Gieleghem, Vagnozzi, Spade, Smith, Hopgood and Meisner

Nays: None

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Tuesday, March 9, 2004

Present: Reps. Palmer, Hummel, Meyer, Bradstreet, Hager, Hart, Ruth Johnson, Tabor, Voorhees, Vander Veen, Nofs, Stahl, Gieleghem, Vagnozzi, Spade, Smith, Hopgood and Meisner

Absent: Rep. Clack

Excused: Rep. Clack

The Committee on Energy and Technology, by Rep. Bradstreet, Chair, reported

House Bill No. 4187, entitled

A bill to amend 1991 PA 179, entitled "Michigan telecommunications act," (MCL 484.2101 to 484.2701) by adding section 312c.

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 and laid over one day under the rules.

Favorable Roll Call

To Report Out:

Yeas: Reps. Bradstreet, Middaugh, Bisbee, Casperson, Garfield, LaJoy, Nitz, Stahl, McConico, Rivet, Hopgood, Murphy and Stallworth

Nays: None

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Wednesday, March 10, 2004

Present: Reps. Bradstreet, Huizenga, Middaugh, Bisbee, Casperson, DeRoche, Garfield, LaJoy, Nitz, Palsrok, Stahl, McConico, Rivet, Daniels, Woodward, Hopgood, Murphy and Stallworth

Absent: Rep. LaSata

Excused: Rep. LaSata

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Wednesday, March 10, 2004

Present: Reps. Wenke, Sheen, Koetje, Woronchak, Drolet, Hummel, Palmer, Milosch, Stakoe, Bieda, Zelenko and Condino

Absent: Reps. Meyer, Nofs, O'Neil, Minore and Farrah

Excused: Reps. Meyer, Nofs, O'Neil, Minore and Farrah

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 on Thursday, March 4:

Senate Bill Nos. 1052 1053 1054 1055 1056 1057 1058 1059 1060 1061 1062 1063 1064 1065 1066 1067 1068 1069 1070 1071 1072

The Clerk announced that the following bills had been printed and placed upon the files of the members on Friday, March 5:

Senate Bill Nos. 1073 1074 1075 1076 1077 1078 1079 1080 1081 1082 1083 1084

The Clerk announced that the following bills had been printed and placed upon the files of the members on Wednesday, March 10:

House Bill Nos. 5625 5626 5627

The Clerk announced that the following Senate bills had been received on Wednesday, March 10:

Senate Bill Nos. 111 759 778 1013 1014 1015 1016 1017 1018 1019 1020 1021

By unanimous consent the House returned to the order of

Messages from the Senate

House Bill No. 4352, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending section 82131 (MCL 324.82131), as added by 1995 PA 58.

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

The House agreed to the full title.

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

House Bill No. 4871, entitled

A bill to amend 1961 PA 236, entitled "Revised judicature act of 1961," by amending section 5759 (MCL 600.5759).

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

The House agreed to the full title.

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

House Bill No. 5266, entitled

A bill to amend 1943 PA 240, entitled "State employees' retirement act," by amending sections 1a, 1e, 1i, 49, 53, 55, and 64 (MCL 38.1a, 38.1e, 38.1i, 38.49, 38.53, 38.55, and 38.64), section 1a as amended by 1998 PA 205, sections 1e and 1i as amended and sections 53, 55, and 64 as added by 1996 PA 487, and section 49 as amended by 2002 PA 93.

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

The House agreed to the full title.

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

House Bill No. 5279, entitled

A bill to amend 1986 PA 182, entitled "State police retirement act of 1986," by amending sections 3, 4, 14, 14a, 42, and 43 (MCL 38.1603, 38.1604, 38.1614, 38.1614a, 38.1642, and 38.1643), sections 3 and 14 as amended by 2000 PA 374, section 14a as added by 1995 PA 192, section 42 as amended by 1989 PA 191, and section 43 as amended by 2002 PA 96, and by adding section 24a.

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

The Senate has passed the bill as substituted (S-1), ordered that it be given immediate effect and amended the title to read as follows:

A bill to amend 1986 PA 182, entitled "An act to provide for the Michigan department of state police retirement system; to create certain reserves and certain funds for this retirement system; to provide for the creation of a retirement board within the department of management and budget; to prescribe the powers and duties of the retirement board; to prescribe the powers and duties of the department of state police, the department of management and budget, and certain state officers; and to repeal certain acts and parts of acts," by amending sections 3, 14, 14a, 42, and 43 (MCL 38.1603, 38.1614, 38.1614a, 38.1642, and 38.1643), sections 3 and 14 as amended by 2000 PA 374, section 14a as added by 1995 PA 192, section 42 as amended by 1989 PA 191, and section 43 as amended by 2002 PA 96.

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

Senate Bill No. 111, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," (MCL 324.101 to 324.90106) by adding section 74103a.