2003-HJ-02-25-014

No. 14

STATE OF MICHIGAN

JOURNAL

OF THE

House of Representatives

92nd Legislature

REGULAR SESSION OF 2003

House Chamber, Lansing, Tuesday, February 25, 2003.

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--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--present

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--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. Bruce Caswell, from the 58th District, offered the following invocation:

"Dear God, help us to live each day as though it were our last. Make us to understand that our days on this earth are finite. Show us that our duty is to follow Your Ten Commandments to glorify You and not ourselves. Always remind us as You say in Romans 12:21: 'Be not overcome of evil but overcome evil with good.' Help us to appreciate all the time You have given us on earth and to treat our fellow men with respect, honesty and humility. In Jesus' name, we pray. Amen."

______

The Speaker assumed the Chair.

Motions and Resolutions

The Speaker, on behalf of the entire membership of the House of Representatives, offered the following resolution:

House Resolution No. 21.

A resolution of tribute offered as a memorial for Stanley J. Davis, former member of the House.

Whereas, With great respect for the unselfishness that marked his entire life, we offer this expression of tribute to honor the memory of Stanley J. Davis. The example of his commitment to others through public service benefited his home community of Grand Rapids and all of Michigan. To his family, we extend our sincerest condolences; and

Whereas, In many ways, the life of Stanley Davis represented the fulfillment of the American dream. Mr. Davis was born in Poland and came to this land of opportunity as a boy with his family. Through hard work, personal integrity, and drive, he found success as a small businessman, opening a shoe repair business and, later, a flower shop. With his abiding affection for his adopted homeland, however, personal achievements were not enough, and he directed his energies to public service; and

Whereas, Stanley Davis was elected to five terms as ward commissioner and four terms as mayor in Grand Rapids. Under his leadership, Grand Rapids became the nation's first city with fluoridated water, and he also championed urban renewal efforts. In 1965, he brought his energies and experiences to the Michigan House of Representatives with the first of his four consecutive terms. As a lawmaker, Representative Davis earned the admiration and trust of his colleagues, and he served as the Speaker Pro Tem for two terms. In this role, as with all aspects of his life, his character set a standard of service that will long be remembered; now, therefore, be it

Resolved by the House of Representatives, That we offer our highest tribute to honor the memory of Stanley J. Davis, a member of this legislative body from 1965 to 1972; and be it further

Resolved, That copies of this resolution be transmitted to the Davis family as evidence of our condolences.

The question being on the adoption of the resolution,

The resolution was adopted by unanimous standing vote.

______

The Speaker Pro Tempore resumed the Chair.

Reports of Standing Committees

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

House Bill No. 4198, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending section 82126 (MCL 324.82126), as amended by 1998 PA 30.

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.

Favorable Roll Call

To Report Out:

Yeas: Reps. Howell, LaSata, Bradstreet, Koetje, Pappageorge, Voorhees, Garfield, Wenke, Lipsey, Adamini, Bieda 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, February 25, 2003, at 9:00 a.m.

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

Absent: Rep. Van Regenmorter

Excused: Rep. Van Regenmorter

COMMITTEE ATTENDANCE REPORT

The following report, submitted by Rep. Palsrok, Chair of the Committee on Great Lakes and Tourism, was received and read:

Meeting held on: Thursday, February 20, 2003, at 12:43 p.m.

Present: Reps. Palsrok, Brandenburg, Tabor, Meyer, Law, Gleason and Stallworth

COMMITTEE ATTENDANCE REPORT

The following report, submitted by Rep. Nofs, Chair of the Committee on Veterans Affairs and Homeland Security, was received and read:

Meeting held on: Thursday, February 20, 2003, at 12:45 p.m.

Present: Reps. Nofs, Garfield, Richardville, Ruth Johnson, Woronchak, Casperson, Woodward, Sheltrown, Spade and Elkins

Absent: Rep. Pappageorge

Excused: Rep. Pappageorge

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Tuesday, February 25, 2003, at 10:30 a.m.

Present: Reps. Bisbee, DeRoche, Howell, Koetje, Middaugh, Drolet, Palmer, Brandenburg, Huizenga, Milosch, Palsrok, Wenke, Rivet, O'Neil, Lipsey, Murphy, Tobocman and Accavitti

Absent: Rep. McConico

Excused: Rep. McConico

Messages from the Senate

Senate Concurrent Resolution No. 5.

A concurrent resolution calling for the creation of a Great Lakes Legislative Caucus.

Whereas, The challenges facing the Great Lakes can only be met successfully through a well-coordinated and systematic approach. Issues as diverse as aquatic nuisance species, pollution, water levels, and water diversions and consumptive uses will be addressed in the coming years by dozens of laws and regulations in each of the Great Lakes states and provinces; and

Whereas, Legislation impacting the Great Lakes will be far more effective if it is based on information developed and shared by policymakers from the entire Great Lakes region. An organization to bring key Great Lakes lawmakers together regularly to share knowledge and hear other perspectives would be invaluable in improving the impact and uniformity of practices established in statute; and

Whereas, Regular meetings of legislative leaders from each of the Great Lakes states and provinces will bring many benefits. Regularly exchanging information can bring immediacy to the work of dealing with Great Lakes issues. The current practice of legislative bodies relying primarily on regional forums can be supplemented significantly through a legislative caucus working directly with experts to develop model legislation. Clearly, there will be a stronger sense of urgency brought to Great Lakes issues by a Great Lakes legislative caucus than is sometimes the case now; and

Whereas, Another benefit of a Great Lakes legislative caucus will be a more unified and stronger voice on specific issues. This can only help in articulating the unique situations facing the Great Lakes basin; now, therefore, be it

Resolved by the Senate (the House of Representatives concurring), That we call for the creation of a Great Lakes Legislative Caucus. We call on the legislatures of Illinois, Indiana, Minnesota, New York, Ohio, Pennsylvania, and Wisconsin and the legislative bodies of Ontario and Quebec to join us in developing this vehicle to address the many Great Lakes issues that cross jurisdictional boundaries; and be it further

Resolved, That copies of this resolution be transmitted to the leadership of each of the legislative bodies of the Great Lakes states and provinces, the Great Lakes Commission, the International Joint Commission, the National Conference of State Legislatures, the Michigan Office of the Great Lakes, and the members of the congressional delegations from the Great Lakes states.

The Senate has adopted the concurrent resolution.

Reps. Accavitti, Acciavatti, Adamini, Amos, Bieda, Brown, Dennis, DeRossett, Ehardt, Elkins, Emmons, Garfield, Gieleghem, Gillard, Gleason, Hager, Hoogendyk, Huizenga, Jamnick, Kooiman, LaJoy, Lipsey, Middaugh, Murphy, Nofs, Palmer, Palsrok, Sak, Shackleton, Sheltrown, Stahl, Tabor, Vander Veen, Voorhees and Walker were named co-sponsors of the concurrent resolution.

The concurrent resolution was referred to the Committee on Great Lakes and Tourism.

Senate Concurrent Resolution No. 6.

A concurrent resolution to urge the International Joint Commission to maintain its vigilance in opposing diversion of Great Lakes water and to support the prompt resolution of all issues related to the finalization of Annex 2001.

Whereas, Protection of the Great Lakes is a challenge of unsurpassed significance and scope to the people of Michigan and all of the states and provinces that comprise the region. This monumental challenge includes working to safeguard the quality of the waters to protect these freshwater resources from threats of out of basin water diversion and to continue to enable our use and enjoyment of this water resource within the basin; and

Whereas, The International Water Uses Review Task Force recently submitted to the International Joint Commission its report, entitled "Protection of the Waters of the Great Lakes." This project, part of a three-year review by the International Joint Commission, cites data to indicate that the issue of consumptive use problems "has been consistently and significantly overstated for the past three decades." The report also says that long-distance, large-scale removals are, for the near and mid-term, "highly improbable." The study encourages support for a more deliberative approach to finalizing the Annex 2001 agreement to establish protection of the waters of the Great Lakes from diversions; and

Whereas, With the uncertainties of the future, including in the area of technology, and the magnitude of the value of the Great Lakes, it would be a mistake to abandon the ongoing efforts to prevent the bulk diversion of Great Lakes water outside of the basin. Such policies should be made proactively, before a crisis is upon us; and

Whereas, Michigan has established its interest on numerous occasions to affirm its opposition to the diversion of Great Lakes water from the basin. Our state is well aware of the projections of water shortages for other regions. We are also well aware of the role that the Great Lakes network plays in contributing to the strength of the American and Canadian economies and the vitality of the states and provinces along its shores. This commitment must remain unshakeable; now, therefore, be it

Resolved by the Senate (the House of Representatives concurring), That we encourage the International Joint Commission to maintain its participation in developing feasible and defensible strategies and policies that protect the Great Lakes water from out-of-basin diversions and to continue to support the Annex 2001 process in a deeply considered and scientifically informed manner; and be it further

Resolved, That copies of this resolution be transmitted to the International Joint Commission, the Great Lakes Commission, the congressional delegation from the Great Lakes states, the Michigan Office of the Great Lakes, the Council of Great Lakes Governors, and the legislative leadership from the Great Lakes states and provinces.

The Senate has adopted the concurrent resolution.

Reps. Accavitti, Acciavatti, Adamini, Amos, Bieda, Brown, DeRossett, Ehardt, Elkins, Emmons, Garfield, Gillard, Gleason, Hager, Hoogendyk, Huizenga, Jamnick, Koetje, Kooiman, LaJoy, Lipsey, Middaugh, Murphy, Nofs, Palsrok, Pappageorge, Pastor, Richardville, Shackleton, Sheltrown, Stahl, Tabor, Vander Veen, Voorhees and Walker were named co-sponsors of the concurrent resolution.

The concurrent resolution was referred to the Committee on Great Lakes and Tourism.

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, Wednesday, February 19:

Senate Bill Nos. 180 181 182 183 184 185 186 187 188 189 190 191 192 193 194 195 200

The Clerk announced that the following bills had been printed and placed upon the files of the members, Friday, February 21:

House Bill Nos. 4259 4260 4261 4262

Communications from State Officers

The following communications from the Auditor General were received and read:

February 18, 2003

Enclosed is a copy of the following audit report and/or report summary:

Performance and Financial Related Audit of the

Michigan Administrative Information Network

Department of Information Technology

February 2003

February 21, 2003

Enclosed is a copy of the following audit report and/or report summary:

Performance Audit of the

Food Assistance Program

Family Independence Agency

February 2003

Sincerely,

Thomas H. McTavish, C.P.A.

Auditor General

The communications were referred to the Clerk and the accompanying reports referred to the Committee on Government Operations.

Introduction of Bills

Reps. Taub, Stakoe, LaJoy, Farhat, Stahl, Emmons, Ruth Johnson, Ward, Rocca, Palsrok, Newell, Caul, Shulman, Meyer, Tabor, Bradstreet, Garfield, Hummel, Voorhees, Robertson, Amos, Brandenburg, Huizenga, Julian, Kooiman, DeRoche, Nitz, Ehardt, Vagnozzi, Gleason, Woronchak, Sheen, Shackleton, Casperson and Acciavatti introduced

House Bill No. 4263, entitled

A bill to amend 1961 PA 120, entitled "An act to authorize the development or redevelopment of principal shopping districts and business improvement districts; to permit the creation of certain boards; to provide for the operation of principal shopping districts and business improvement districts; to provide for the creation, operation, and dissolution of business improvement zones; and to authorize the collection of revenue and the bonding of certain cities for the development or redevelopment projects," by amending the title and sections 1, 2, 4, 5, and 6 (MCL 125.981, 125.982, 125.984, 125.985, and 125.986), the title as amended by 2001 PA 260, sections 1, 2, and 5 as amended by 2001 PA 261, section 4 as amended by 1999 PA 49, and section 6 as amended by 1992 PA 146.

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

Reps. Pappageorge, Meyer, Rocca, Daniels, LaSata, Garfield, Vagnozzi, Vander Veen, Bieda, Woodward, Caul and Stahl introduced

House Bill No. 4264, entitled

A bill to amend 1921 PA 207, entitled "City and village zoning act," by amending sections 4a, 5, 11, and 20 (MCL 125.584a, 125.585, 125.591, and 125.600), section 5 as amended by 2000 PA 20, section 11 as amended by 1986 PA 191, and section 20 as amended by 2001 PA 179, and by adding section 9a.

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

Reps. Pappageorge, Meyer, Rocca, Daniels, LaSata, Garfield, Vagnozzi, Vander Veen, Bieda, Woodward, Caul and Stahl introduced

House Bill No. 4265, entitled

A bill to amend 1943 PA 183, entitled "County zoning act," by amending sections 16b, 16c, 23, and 40 (MCL 125.216b, 125.216c, 125.223, and 125.240), section 16b as amended by 1989 PA 246 and section 40 as amended by 2001 PA 178, and by adding section 24b.

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

Reps. Pappageorge, Meyer, Rocca, Daniels, LaSata, Garfield, Vagnozzi, Vander Veen, Bieda, Woodward, Caul and Stahl introduced

House Bill No. 4266, entitled

A bill to amend 1943 PA 184, entitled "Township zoning act," by amending sections 16b, 16c, 23, and 40 (MCL 125.286b, 125.286c, 125.293, and 125.310), section 40 as amended by 2001 PA 177, and by adding section 24b.

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

Reps. Woodward, Spade, Hager, Gieleghem, Brandenburg, Smith, Stallworth, Dennis, O'Neil, Farrah, Bieda, Kooiman, Bradstreet, Pappageorge, Adamini, Middaugh, Sak, Tobocman, McConico, Williams, Vander Veen, Shackleton, Wojno, Condino, Phillips, Meisner, Anderson, Vagnozzi, Voorhees, Garfield, Shulman, Shaffer, Stewart, Rocca, Woronchak, Palmer, Ruth Johnson, Ehardt, Richardville, Bisbee, DeRossett, Julian, Hart, Reeves, Daniels and Rivet introduced

House Bill No. 4267, entitled

A bill to amend 1931 PA 328, entitled "The Michigan penal code," (MCL 750.1 to 750.568) by adding section 143a.

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

Reps. Woodward, Gieleghem, Gleason, Vagnozzi, Bieda, Murphy, Reeves, Spade, Accavitti, Smith, Cheeks, Hunter, Stallworth, Dennis, O'Neil, Farrah, Rivet, Williams, Hood, Daniels and McConico introduced

House Bill No. 4268, entitled

A bill to amend 1956 PA 218, entitled "The insurance code of 1956," by amending section 2110a (MCL 500.2110a), as added by 1996 PA 514.

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

Reps. Ehardt, Huizenga, Vander Veen and Voorhees introduced

House Bill No. 4269, entitled

A bill to amend 1969 PA 317, entitled "Worker's disability compensation act of 1969," by amending section 405 (MCL 418.405), as amended by 1980 PA 457.

The bill was read a first time by its title and referred to the Committee on Employment Relations, Training and Safety.

Rep. Ehardt introduced

House Bill No. 4270, entitled

A bill to amend 1939 PA 280, entitled "The social welfare act," by amending section 106 (MCL 400.106), as amended by 1990 PA 145, and by adding section 106a.

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

Rep. Ehardt introduced

House Bill No. 4271, entitled

A bill to amend 1978 PA 368, entitled "Public health code," by amending section 7333 (MCL 333.7333), as amended by 2001 PA 231.

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

Reps. Ehardt, Huizenga, Vander Veen and Voorhees introduced

House Bill No. 4272, entitled

A bill to amend 1978 PA 368, entitled "Public health code," (MCL 333.1101 to 333.25211) by adding section 20188.

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

Rep. Ehardt introduced

House Bill No. 4273, entitled

A bill to amend 1941 PA 207, entitled "Fire prevention code," (MCL 29.1 to 29.34) by adding section 35.

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

Rep. Ehardt introduced

House Bill No. 4274, entitled

A bill to amend 1990 PA 187, entitled "The pupil transportation act," by amending section 11 (MCL 257.1811).

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

Rep. Shulman introduced

House Bill No. 4275, entitled

A bill to amend 1954 PA 116, entitled "Michigan election law," by amending sections 758, 759, and 759b (MCL 168.758, 168.759, and 168.759b), section 758 as amended by 1996 PA 207 and section 759 as amended by 1995 PA 261.

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

Reps. Shulman, Garfield, Tobocman, Voorhees, Hopgood, Vagnozzi, Meisner, Hummel, Meyer, Hager, Shaffer, Brandenburg, Palmer, Koetje, Stahl, Nofs, Steil, Rocca, Kooiman, Hart, Vander Veen, Bisbee, Tabor, Stewart, Hoogendyk, Gaffney, Woronchak, Middaugh, Shackleton, Newell, Sheen, Hune, Caswell, Minore, Sheltrown, Caul, Van Regenmorter, Walker, DeRossett, Jamnick, Taub and Emmons introduced

House Bill No. 4276, entitled

A bill to establish Holocaust remembrance week in the state of Michigan.

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

Rep. DeRossett introduced

House Bill No. 4277, entitled

A bill to amend 1993 PA 330, entitled "State real estate transfer tax act," by amending section 6 (MCL 207.526), as amended by 2000 PA 203.

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

Rep. Ehardt introduced

House Bill No. 4278, entitled

A bill to provide for certain premium rates and standards for certain health benefit plans; to provide for certain coverage provisions; and to provide for certain disclosures.

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

Reps. O'Neil and Ehardt introduced

House Bill No. 4279, entitled

A bill to amend 1980 PA 350, entitled "The nonprofit health care corporation reform act," by amending sections 107, 201, 204, 206, 207, 211, 401, 502, 602, 608, 609, 610, 611, 612, 613, and 614 (MCL 550.1107, 550.1201, 550.1204, 550.1206, 550.1207, 550.1211, 550.1401, 550.1502, 550.1602, 550.1608, 550.1609, 550.1610, 550.1611, 550.1612, 550.1613, and 550.1614), section 207 as amended by 1999 PA 210, section 211 as amended by 1993 PA 127, section 401 as amended by 2000 PA 26, section 502 as amended by 1998 PA 446, section 608 as amended by 1991 PA 73, and section 609 as amended by 1991 PA 61, and by adding sections 204a, 205a, 422c, 608a, 608b, 608c, 608d, and 620; and to repeal acts and parts of acts.

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

Rep. Robertson introduced

House Bill No. 4280, entitled

A bill to amend 1980 PA 350, entitled "The nonprofit health care corporation reform act," (MCL 550.1101 to 550.1704) by adding sections 422a and 422b.

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

Rep. Farhat introduced

House Bill No. 4281, entitled

A bill to amend 1980 PA 350, entitled "The nonprofit health care corporation reform act," (MCL 550.1101 to 550.1704) by adding section 401i.

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

Reps. Gaffney and Ehardt introduced

House Bill No. 4282, entitled

A bill to amend 1980 PA 350, entitled "The nonprofit health care corporation reform act," by amending section 501 (MCL 550.1501).

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

By unanimous consent the House returned to the order of

Second Reading of Bills

House Bill No. 4160, entitled

A bill to amend 1964 PA 154, entitled "Minimum wage law of 1964," by amending the title and section 3 (MCL 408.383).

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

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

Rep. DeRossett moved to amend the bill as follows:

1. Amend page 2, line 16, by striking out all of subsection (3) and inserting:

"(3) Subsection (2) shall not limit, restrict, or expand any prevailing wage or fringe benefit requirements imposed on any project under 1965 PA 166, MCL 408.551 to 408.558, or imposed on any project by a local unit of government under any similar prevailing wage or fringe benefit requirements or under any public works contract requirements.".

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

Rep. DeRossett demanded the yeas and nays.

The demand was supported.

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

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

Roll Call No. 14 Yeas--54

Accavitti Gaffney Meisner Sheltrown

Adamini Gieleghem Minore Smith

Anderson Gillard Murphy Spade

Bieda Gleason Nofs Stallworth

Brown Hardman O'Neil Tobocman

Byrum Hood Paletko Vagnozzi

Cheeks Hopgood Phillips Waters

Clack Hunter Plakas Whitmer

Condino Jamnick Pumford Williams

Daniels Kolb Reeves Wojno

Dennis LaSata Rivet Woodward

DeRossett Law Rocca Woronchak

Elkins Lipsey Sak Zelenko

Farrah McConico

Nays--55

Acciavatti Hager Middaugh Shulman

Amos Hart Milosch Stahl

Bisbee Hoogendyk Moolenaar Stakoe

Bradstreet Howell Newell Steil

Brandenburg Huizenga Nitz Stewart

Casperson Hummel Palmer Tabor

Caswell Hune Palsrok Taub

Caul Johnson, Rick Pappageorge Van Regenmorter

DeRoche Johnson, Ruth Pastor Vander Veen

Drolet Julian Richardville Voorhees

Ehardt Koetje Robertson Walker

Emmons Kooiman Shackleton Ward

Farhat LaJoy Shaffer Wenke

Garfield Meyer Sheen

In The Chair: Julian

Rep. Richardville moved to amend the bill as follows:

1. Amend page 1, line 9, after "or" by striking out the balance of the line and inserting "as provided for under section 6(a)(1) of the fair labor standards act of 1938, chapter 676, 52 Stat. 1062, 29 U.S.C. 206.".

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

Rep. Condino moved to amend the bill as follows:

1. Amend page 1, line 10, after "(2)" by striking out "A" and inserting "Except as otherwise provided in subsection (3), a".

2. Amend page 2, line 16, after "not" by striking out the balance of the subsection and inserting "apply to any charter, ordinance, purchase agreement, contract, regulation, rule, or resolution that established, either directly or indirectly, a minimum wage rate greater than the applicable rate prescribed in this act prior to the effective date of the amendatory act that added subsection (2).".

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

Rep. Condino demanded the yeas and nays.

The demand was supported.

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

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

Roll Call No. 15 Yeas--52

Accavitti Farrah McConico Sheltrown

Adamini Gieleghem Meisner Smith

Anderson Gillard Minore Spade

Bieda Gleason Murphy Stallworth

Brown Hardman O'Neil Tobocman

Byrum Hood Paletko Vagnozzi

Cheeks Hopgood Phillips Waters

Clack Hunter Plakas Whitmer

Condino Jamnick Pumford Williams

Daniels Kolb Reeves Wojno

Dennis LaSata Rivet Woodward

DeRossett Law Rocca Woronchak

Elkins Lipsey Sak Zelenko

Nays--56

Acciavatti Hager Middaugh Sheen

Amos Hart Milosch Shulman

Bisbee Hoogendyk Moolenaar Stahl

Bradstreet Howell Newell Stakoe

Brandenburg Huizenga Nitz Steil

Casperson Hummel Nofs Stewart

Caswell Hune Palmer Tabor

Caul Johnson, Rick Palsrok Taub

DeRoche Johnson, Ruth Pappageorge Van Regenmorter

Drolet Julian Pastor Vander Veen

Emmons Koetje Richardville Voorhees

Farhat Kooiman Robertson Walker

Gaffney LaJoy Shackleton Ward

Garfield Meyer Shaffer Wenke

In The Chair: Julian

Rep. Bieda moved to amend the bill as follows:

1. Amend page 2, following line 18, by inserting:

"Enacting section 1. This amendatory act does not take effect unless House Bill No. 4165 of the 92nd Legislature is enacted into law.".

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

Rep. Bieda demanded the yeas and nays.

The demand was supported.

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

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

Roll Call No. 16 Yeas--47

Accavitti Farrah McConico Smith

Adamini Gieleghem Meisner Spade

Anderson Gillard Minore Stallworth

Bieda Gleason Murphy Tobocman

Brown Hardman O'Neil Vagnozzi

Byrum Hood Paletko Waters

Cheeks Hopgood Phillips Whitmer

Clack Hunter Plakas Williams

Condino Jamnick Reeves Wojno

Daniels Kolb Rivet Woodward

Dennis Law Sak Zelenko

Elkins Lipsey Sheltrown

Nays--62

Acciavatti Hager Milosch Sheen

Amos Hart Moolenaar Shulman

Bisbee Hoogendyk Newell Stahl

Bradstreet Howell Nitz Stakoe

Brandenburg Huizenga Nofs Steil

Casperson Hummel Palmer Stewart

Caswell Hune Palsrok Tabor

Caul Johnson, Rick Pappageorge Taub

DeRoche Johnson, Ruth Pastor Van Regenmorter

DeRossett Julian Pumford Vander Veen

Drolet Koetje Richardville Voorhees

Ehardt Kooiman Robertson Walker

Emmons LaJoy Rocca Ward

Farhat LaSata Shackleton Wenke

Gaffney Meyer Shaffer Woronchak

Garfield Middaugh

In The Chair: Julian

Rep. Minore moved to amend the bill as follows:

1. Amend page 2, line 17, after "wage" by striking out the balance of the subsection and inserting "or fringe benefit requirements imposed on any project under 1965 PA 166, MCL 408.551 to 408.558, or imposed on any project by a local unit of government under any similar prevailing wage or fringe benefit requirements or under any public works contract requirements.".

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

Rep. Sheen 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. 4160, entitled

A bill to amend 1964 PA 154, entitled "Minimum wage law of 1964," by amending the title and section 3 (MCL 408.383).

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

Roll Call No. 17 Yeas--58

Acciavatti Hager Middaugh Sheen

Amos Hart Milosch Shulman

Bisbee Hoogendyk Moolenaar Stahl

Bradstreet Howell Newell Stakoe

Brandenburg Huizenga Nitz Steil

Casperson Hummel Nofs Stewart

Caswell Hune Palmer Tabor

Caul Johnson, Rick Palsrok Taub

DeRoche Johnson, Ruth Pappageorge Van Regenmorter

Drolet Julian Pastor Vander Veen

Ehardt Koetje Richardville Voorhees

Emmons Kooiman Robertson Walker

Farhat LaJoy Shackleton Ward

Gaffney LaSata Shaffer Wenke

Garfield Meyer

Nays--51

Accavitti Farrah Meisner Smith

Adamini Gieleghem Minore Spade

Anderson Gillard Murphy Stallworth

Bieda Gleason O'Neil Tobocman

Brown Hardman Paletko Vagnozzi

Byrum Hood Phillips Waters

Cheeks Hopgood Plakas Whitmer

Clack Hunter Pumford Williams

Condino Jamnick Reeves Wojno

Daniels Kolb Rivet Woodward

Dennis Law Rocca Woronchak

DeRossett Lipsey Sak Zelenko

Elkins McConico Sheltrown

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.

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

"Mr. Speaker and members of the House:

I am voting no on this bill which eliminates a local communtiy's ability to enact a Living Wage Ordinance either through a direct vote of the residents or by a vote of their locally elected officials. As we do not want the Federal Government determining how Michigan decides to spend their tax dollars, so should we not be telling locally elected officials and their residents how to spend their tax dollars. They clearly know their community better than we do here in Lansing."

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:

HB 4160 usurps a local community's ability and right to manage it's own affairs. Roughly fifteen local governmental authorities have passed so-called Living Wage ordinances, including the cities of Warren and Eastpointe. This bill undermines local governmental control as well as the clear will of the voters of several communities which passed Living Wage ordinances as a result of a popular vote. As I support Local Control, and believe that micro-managing local government from Lansing is wrong as well as undemocratic, I cannot support HB 4160."

Rep. Zelenko, 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 today on House Bill 4160 because it directly attacks the ability of local units of government in Michigan to decide how they want to govern and how they want their tax dollars spent. Through this bill, the state would be abolishing a tool that local governments currently use to assure a Living Wage for their residents. The Living Wage applies only to local contractors that provide goods and services to local governmental units and benefit from our tax dollars, and can include companies that receive local tax breaks. These communities simply say that if a company benefits from tax dollars, it at least should give their workers a Living Wage to provide for their families. These still-shallow Living Wages are more than these workers normally are paid and will be reinvested into their local economies. The state should not usurp this right from local units of government to help their communities. Local control is an important right that continues to be weakened and diminished. I believe the ones who best know how to utilize and control local tax dollars are local officials. They know what is best for their community. They are locally accountable. Let them decide."

Second Reading of Bills

House Bill No. 4206, entitled

A bill to provide for the incorporation of a regional water supply and sewerage authority; to provide for a regional assembly and regional authority board; to transfer certain ownership rights in water supply and sewerage facilities; to provide for payment for water supply and sewerage services and facilities through fees, charges, taxes, special assessments, and other means; to provide for the issuance and payment of bonds; and to provide for the powers and duties of certain governmental officials and entities.

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

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

Reps. Hunter and McConico moved to amend the bill as follows:

1. Amend page 5, following line 4, by inserting:

"Sec. 6. (1) Except for a qualified city, a city that contracts for services from a water or sewer system shall not charge its customers a rate greater than the rate allowed under section 1 of 1917 PA 34, MCL 123.141.

(2) If a city charges a rate greater than that allowed under this section, then for each $1.00 charged greater than the allowed rate, an equal amount shall be deducted from the payments made to that city under the Glenn Steil state revenue sharing act of 1971, PA 14, MCL 141.901 to 141.921.".

The question being on the adoption of the amendment offered by Reps. Hunter and McConico,

Rep. Hunter demanded the yeas and nays.

The demand was supported.

The question being on the adoption of the amendment offered by Reps. Hunter and McConico,

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

Roll Call No. 18 Yeas--25

Byrum Hardman Minore Tobocman

Cheeks Hood Phillips Waters

Clack Hunter Reeves Whitmer

Condino Kolb Sak Williams

Daniels Lipsey Smith Woodward

Gieleghem McConico Stallworth Zelenko

Gleason

Nays--75

Accavitti Garfield Moolenaar Sheltrown

Acciavatti Hager Newell Shulman

Amos Hart Nitz Spade

Anderson Hoogendyk Nofs Stahl

Bieda Howell O'Neil Stakoe

Bisbee Huizenga Paletko Steil

Bradstreet Hummel Palmer Stewart

Brandenburg Hune Palsrok Tabor

Casperson Jamnick Pappageorge Taub

Caswell Johnson, Rick Pastor Vagnozzi

Caul Johnson, Ruth Plakas Van Regenmorter

DeRoche Julian Pumford Vander Veen

DeRossett Koetje Richardville Voorhees

Drolet Kooiman Rivet Walker

Ehardt LaJoy Robertson Ward

Emmons LaSata Rocca Wenke

Farhat Meyer Shackleton Wojno

Farrah Middaugh Shaffer Woronchak

Gaffney Milosch Sheen

In The Chair: Julian

Rep. Reeves moved to amend the bill as follows:

1. Amend page 2, line 10, after "service" by striking out the balance of the subsection 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. Drolet 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. 4206, 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. 19 Yeas--71

Accavitti Garfield Milosch Shulman

Acciavatti Hager Moolenaar Stahl

Amos Hart Newell Stakoe

Anderson Hoogendyk Nitz Steil

Bieda Howell Nofs Stewart

Bisbee Huizenga Paletko Tabor

Bradstreet Hummel Palmer Taub

Brandenburg Hune Palsrok Vagnozzi

Casperson Johnson, Rick Pappageorge Van Regenmorter

Caswell Johnson, Ruth Pastor Vander Veen

Caul Julian Plakas Voorhees

DeRoche Koetje Pumford Walker

DeRossett Kooiman Richardville Ward

Drolet LaJoy Robertson Wenke

Ehardt LaSata Rocca Wojno

Emmons Law Shackleton Woodward

Farhat Meyer Shaffer Woronchak

Gaffney Middaugh Sheen

Nays--37

Adamini Gieleghem Lipsey Sheltrown

Brown Gillard McConico Smith

Byrum Gleason Meisner Spade

Cheeks Hardman Minore Stallworth

Clack Hood Murphy Tobocman

Condino Hopgood O'Neil Waters

Daniels Hunter Reeves Whitmer

Dennis Jamnick Rivet Williams

Elkins Kolb Sak Zelenko

Farrah

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 provide for the approval of certain contracts involving the operation of city and village water and sewer systems; to create an authority; and to provide for the powers and duties of certain governmental officials and entities.

The motion prevailed.

The House agreed to the title as amended.

______

Rep. Caul moved that the House adjourn.

The motion prevailed, the time being 3:45 p.m.

The Speaker Pro Tempore declared the House adjourned until Wednesday, February 26, at 1:00 p.m.

GARY L. RANDALL

Clerk of the House of Representatives