No. 16
STATE OF MICHIGAN
JOURNAL
OF THE
House of Representatives
92nd Legislature
REGULAR SESSION OF 2003
House Chamber, Lansing, Thursday, February 27, 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--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--excused | 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. Marsha Cheeks, from the 6th District, offered the following invocation:
"Almighty, mighty God, thank You for this opportunity You have given us to serve the citizens of the state of Michigan. Thank You for choosing us for this awesome task. Allow us to come together and do whatever it takes, whatever Your will will be to make it happen for Your people in this state. Make our relationships form so that we can work together and become one Michigan. Again, thank You for choosing us above all others of Your children that You've had to choose to perform this awesome task. We will give You the glory and the praise that You so deserve. These prayers and many, many others, I ask in the name of Your son, Jesus the Christ. Amen."
______
Rep. Waters moved that Rep. Daniels be excused from today's session.
The motion prevailed.
Reports of Standing Committees
The Committee on Conservation and Outdoor Recreation, by Rep. Tabor, Chair, reported
House Bill No. 4140, entitled
A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," (MCL 324.101 to 324.90106) by adding section 44520a.
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.
Favorable Roll Call
To Report Out:
Yeas: Reps. Tabor, Bradstreet, Ehardt, Richardville, Rocca, Nitz and Sheltrown
Nays: None
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Tabor, Chair of the Committee on Conservation and Outdoor Recreation, was received and read:
Meeting held on: Wednesday, February 26, 2003, at 10:30 a.m.
Present: Reps. Tabor, Milosch, Bradstreet, Ehardt, Richardville, Rocca, Nitz, Gillard, Farrah, Sheltrown and Accavitti
The Committee on Higher Education, by Rep. Voorhees, Chair, reported
House Bill No. 4070, entitled
A bill to require textbook publishers to provide electronic versions of certain instructional materials used in colleges and universities.
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. Voorhees, LaSata, Stakoe, Dennis, Zelenko and Smith
Nays: None
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, February 27, 2003, at 9:00 a.m.
Present: Reps. Voorhees, LaSata, Stakoe, Dennis, Zelenko and Smith
Absent: Rep. Hart
Excused: Rep. Hart
The Committee on Transportation, by Rep. DeRossett, Chair, reported
House Bill No. 4115, entitled
A bill to amend 2001 PA 142, entitled "Michigan memorial highway act," (MCL 250.1001 to 250.1100) by adding section 79.
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. DeRossett, Casperson, Hummel, DeRoche, Gaffney, Hune, LaJoy, Robertson, Ward, Anderson, Jamnick, Gleason, Tobocman, Adamini, Murphy and Elkins
Nays: None
The Committee on Transportation, by Rep. DeRossett, Chair, reported
Senate Concurrent Resolution No. 1.
A concurrent resolution to memorialize the Congress of the United States to establish a minimum rate of return of 95 percent of Michigan's federal transportation funding for highway and transit programs.
(For text of concurrent resolution, see House Journal No. 9, p. 116.)
With the recommendation that the concurrent resolution be adopted.
The Speaker announced that under Rule 77 the concurrent resolution would lie over one day.
Favorable Roll Call
To Report Out:
Yeas: Reps. DeRossett, Casperson, Hummel, DeRoche, Gaffney, Hune, LaJoy, Anderson, Jamnick, Gleason, Tobocman, Adamini, Murphy and Elkins
Nays: None
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. DeRossett, Chair of the Committee on Transportation, was received and read:
Meeting held on: Thursday, February 27, 2003, at 9:00 a.m.
Present: Reps. DeRossett, Casperson, Hummel, DeRoche, Gaffney, Hune, LaJoy, Robertson, Ward, Anderson, Jamnick, Gleason, Tobocman, Adamini, Murphy and Elkins
Absent: Rep. Huizenga
Excused: Rep. Huizenga
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, February 26, 2003, at 9:00 a.m.
Present: Reps. Bradstreet, Huizenga, Middaugh, Bisbee, LaSata, Casperson, DeRoche, Garfield, LaJoy, Nitz, Palsrok, Stahl, McConico, Daniels, Woodward, Hopgood, Murphy and Stallworth
Absent: Rep. Rivet
Excused: Rep. Rivet
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, February 26, 2003, at 9:00 a.m.
Present: Reps. Wenke, Sheen, Koetje, Woronchak, Meyer, Drolet, Hummel, Palmer, Milosch, Nofs, Stakoe, O'Neil, Minore, Farrah, Bieda, Zelenko and Condino
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Julian, Chair of the Committee on Insurance, was received and read:
Meeting held on: Wednesday, February 26, 2003, at 10:30 a.m.
Present: Reps. Julian, Hune, Bisbee, Ehardt, Middaugh, Hummel, Garfield, Robertson, Sheen, Daniels, Woodward, Anderson, Wojno, Hood and Gillard
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Shulman, Chair of the Committee on Appropriations, was received and read:
Meeting held on: Wednesday, February 26, 2003, at 11:00 a.m.
Present: Reps. Shulman, Emmons, Caul, Pumford, Shackleton, Kooiman, Newell, Stewart, Acciavatti, Amos, Caswell, Farhat, Hoogendyk, Moolenaar, Pastor, Shaffer, Steil, Taub, Walker, Brandenburg, Whitmer, Brown, Kolb, Phillips, Plakas, Reeves, Williams, Cheeks, Hunter, Paletko and Sak
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Hager, Chair of the Committee on Family and Children Services, was received and read:
Meeting held on: Wednesday, February 26, 2003, at 3:00 p.m.
Present: Reps. Hager, Stahl, Hart, Vander Veen, Voorhees, Sheen, Hardman, Clack and Elkins
Announcement by the Clerk of Printing and Enrollment
The Clerk announced that the following bills had been printed and placed upon the files of the members, Thursday, February 27:
House Bill Nos. 4283 4284 4285 4286 4287 4288 4289 4290 4291
By unanimous consent the House returned to the order of
Motions and Resolutions
Reps. DeRossett, Adamini, Anderson, Brown, Ehardt, Elkins, Gieleghem, Gillard, Jamnick, Koetje, Lipsey, Meyer, Sheltrown, Woodward, Zelenko, Amos, Bradstreet, Gleason, Hager, Howell, Murphy, Nofs, Pastor, Shackleton, Stakoe, Tobocman, Vander Veen, Voorhees, Ward and Paletko offered the following resolution:
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.
Whereas, The Interstate Traveler Project is an elevated maglev (magnetic levitation) rail mass transit system that is based upon a conduit cluster concept powered by hydrogen and solar power. The project promises to provide travelers with a clean, quiet, safe, reliable mode of transportation. The intent of the project is to create the world's first switchable maglev rail network that will provide inter-urban/inter-city pedestrian, automobile, and light freight transit services. The project will simultaneously produce, store, and distribute hydrogen, which will not only serve as an alternative energy resource, but also will give Michigan's automakers the incentive to produce hydrogen internal combustion engines, fuel cell cars, and the manufacturing opportunity to build maglev rail cars; and
Whereas, By fully integrating with the interstate highway system, existing transportation infrastructure, and mass transit systems, the Interstate Traveler Project seeks to reduce traffic congestion and air pollution while improving traffic safety and efficiency. The Interstate Traveler Project substations will utilize the existing interstate highway system's entrances and exits, providing a seamless link of private automobiles, pedestrian traffic, existing municipal bus routes, and taxi services. These substations will also support the hydrogen distribution system, as well as fiber optics, water, electricity, and other utilities; and
Whereas, The Interstate Traveler Project is consistent with the 2003 State-of-the-Union address which called on Congress to appropriate $1.2 billion for hydrogen fuel cell technology; now, therefore, be it
Resolved by the House of Representatives, That we 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; 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.
The resolution was referred to the Committee on Transportation.
Introduction of Bills
Reps. Ward, Caswell, Drolet, Amos, Gaffney, Stahl, Hune, Acciavatti, LaJoy, Stakoe, Nofs, Emmons, Garfield, Palsrok, Moolenaar, Shaffer, Steil, Pastor, Nitz, Van Regenmorter, Huizenga, Robertson, Kooiman, Newell, Casperson, Taub, Vander Veen, Howell, Hummel, Bisbee, Ehardt, Rocca, Hager, Caul and Brandenburg introduced
House Bill No. 4292, entitled
A bill to amend 1967 PA 281, entitled "Income tax act of 1967," by amending section 30 (MCL 206.30), as amended by 2002 PA 615.
The bill was read a first time by its title and referred to the Committee on Tax Policy.
Reps. Hopgood, Murphy, Gieleghem, O'Neil, Law, Cheeks and Condino introduced
House Bill No. 4293, entitled
A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending sections 11103, 11118, 11118a, 11120, 11123, and 11125 (MCL 324.11103, 324.11118, 324.11118a, 324.11120, 324.11123, and 324.11125), section 11118a as added by 1996 PA 182 and section 11120 as amended by 1995 PA 61.
The bill was read a first time by its title and referred to the Committee on Land Use and Environment.
Reps. Hopgood, Murphy, Gieleghem, O'Neil, Law, Cheeks and Condino introduced
House Bill No. 4294, entitled
A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending sections 62501, 62506a, and 62509 (MCL 324.62501, 324.62506a, and 324.62509), sections 62501 and 62509 as amended by 1998 PA 467 and section 62506a as added by 1996 PA 168.
The bill was read a first time by its title and referred to the Committee on Land Use and Environment.
Reps. Hopgood, Murphy, Gieleghem, O'Neil, Law, Cheeks and Condino introduced
House Bill No. 4295, entitled
A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," (MCL 324.101 to 324.90106) by amending the part heading of part 141 and by adding sections 14101, 14102, 14103, 14104, 14105, 14106, 14107, and 14108.
The bill was read a first time by its title and referred to the Committee on Land Use and Environment.
Rep. Kolb introduced
House Bill No. 4296, entitled
A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending section 11514 (MCL 324.11514).
The bill was read a first time by its title and referred to the Committee on Land Use and Environment.
Rep. Kolb introduced
House Bill No. 4297, entitled
A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," (MCL 324.101 to 324.90106) by adding section 5502a.
The bill was read a first time by its title and referred to the Committee on Land Use and Environment.
Reps. Shackleton, Meyer, Sheltrown, Vander Veen, Stahl, Rocca, Ehardt, Spade and Richardville introduced
House Bill No. 4298, entitled
A bill to create a health insurance benefit for the spouse and children of a public safety officer who is killed in the line of duty.
The bill was read a first time by its title and referred to the Committee on Veterans Affairs and Homeland Security.
Reps. Shackleton, Meyer, Sheltrown, Vander Veen, Stahl, Rocca, Ehardt, Spade and Richardville introduced
House Bill No. 4299, entitled
A bill to amend 1911 PA 235, entitled "An act to provide for the payment and reimbursement by counties, in certain cases upon application therefor, of expenses incurred in the burial of the bodies of honorably discharged members of the armed forces of the United States, or their spouses, and to repeal certain acts or parts of acts," by amending section 1 (MCL 35.801).
The bill was read a first time by its title and referred to the Committee on Veterans Affairs and Homeland Security.
Reps. Wenke and Hoogendyk introduced
House Bill No. 4300, entitled
A bill to amend 1913 PA 380, entitled "An act to regulate gifts of real and personal property to cities, villages, townships, and counties, and the use of the those gifts; and to validate all such gifts made before the enactment of this act," by amending the title and section 2 (MCL 123.872), the title as amended and section 2 as added by 1985 PA 9.
The bill was read a first time by its title and referred to the Committee on Local Government and Urban Policy.
Reps. Hune and Ward introduced
House Bill No. 4301, entitled
A bill to amend 1967 PA 281, entitled "Income tax act of 1967," (MCL 206.1 to 206.532) by adding section 438.
The bill was read a first time by its title and referred to the Committee on Tax Policy.
Reps. Hune and Ward introduced
House Bill No. 4302, entitled
A bill to establish the Michigan disability sports alliance fund in the department of community health; to provide for the distribution of money from the fund; to prescribe the duties and powers of certain agencies and officials; and to provide for appropriations.
The bill was read a first time by its title and referred to the Committee on Tax Policy.
Reps. Sheltrown, Spade, Elkins, Minore, Gillard, Rivet, Tobocman, Gieleghem, Adamini and Brown introduced
House Bill No. 4303, entitled
A bill to amend 1954 PA 116, entitled "Michigan election law," by amending section 509t (MCL 168.509t), as amended by 1998 PA 21.
The bill was read a first time by its title and referred to the Committee on Local Government and Urban Policy.
Reps. Sheltrown, Spade, Elkins, Minore, Gillard, Rivet and Tobocman introduced
House Bill No. 4304, entitled
A bill to amend 1954 PA 116, entitled "Michigan election law," by amending section 795b (MCL 168.795b), as amended by 1990 PA 109.
The bill was read a first time by its title and referred to the Committee on Local Government and Urban Policy.
Reps. Robertson, Caswell, Vander Veen, Voorhees and Pappageorge introduced
House Bill No. 4305, entitled
A bill to amend 1885 PA 152, entitled "An act to authorize the establishment of facilities for former members of the armed forces of the United States in the state of Michigan; to create funds; and to provide for the promulgation of rules," by amending section 11 (MCL 36.11), as amended by 1982 PA 391.
The bill was read a first time by its title and referred to the Committee on Veterans Affairs and Homeland Security.
Reps. Kolb, Woodward and Bieda introduced
House Bill No. 4306, entitled
A bill to amend 1976 PA 331, entitled "Michigan consumer protection act," (MCL 445.901 to 445.922) by adding section 903e.
The bill was read a first time by its title and referred to the Committee on Commerce.
Reps. Kolb and Woodward introduced
House Bill No. 4307, entitled
A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," (MCL 324.101 to 324.90106) by adding sections 1301 and 1302.
The bill was read a first time by its title and referred to the Committee on Land Use and Environment.
Reps. Garfield, Casperson, Drolet, Pastor, Shaffer, Rocca, Ward, Acciavatti, Nofs, Farhat, Stakoe, Brandenburg, Voorhees, Amos, Bradstreet, Milosch and LaJoy introduced
House Bill No. 4308, entitled
A bill to amend 1949 PA 300, entitled "Michigan vehicle code," by amending sections 328 and 907 (MCL 257.328 and 257.907), section 328 as amended by 1995 PA 287 and section 907 as amended by 2002 PA 534.
The bill was read a first time by its title and referred to the Committee on Judiciary.
Reps. Wojno, Spade, Farrah, Paletko, Bieda, Vagnozzi, Law, Cheeks, Brandenburg, Ward, Stakoe, Shaffer, Zelenko, Clack, Stewart, Minore, Accavitti, Gieleghem, Rocca, Ehardt, Sheltrown, Brown, Tobocman, Hopgood and Adamini introduced
House Bill No. 4309, entitled
A bill to amend 1931 PA 328, entitled "The Michigan penal code," (MCL 750.1 to 750.568) by adding section 506d.
The bill was read a first time by its title and referred to the Committee on Criminal Justice.
By unanimous consent the House returned to the order of
Third Reading of Bills
House Bill No. 4087, entitled
A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," (MCL 324.101 to 324.90106) by adding part 317.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 20 Yeas--69
| Acciavatti | Gleason | Milosch | Sheltrown |
| Adamini | Hager | Moolenaar | Shulman |
| Amos | Hart | Newell | Spade |
| Bisbee | Hoogendyk | Nitz | Stahl |
| Brandenburg | Howell | Nofs | Stakoe |
| Brown | Huizenga | Palmer | Steil |
| Casperson | Hummel | Palsrok | Stewart |
| Caswell | Hune | Pappageorge | Tabor |
| Caul | Johnson, Rick | Pastor | Taub |
| DeRoche | Johnson, Ruth | Pumford | Van Regenmorter |
| DeRossett | Julian | Richardville | Vander Veen |
| Ehardt | Koetje | Rivet | Voorhees |
| Elkins | Kooiman | Robertson | Walker |
| Emmons | LaJoy | Rocca | Ward |
| Farhat | LaSata | Shackleton | Wenke |
| Gaffney | Meyer | Shaffer | Williams |
| Garfield | Middaugh | Sheen | Woronchak |
Gillard
Nays--39
| Accavitti | Farrah | McConico | Smith |
| Anderson | Gieleghem | Meisner | Stallworth |
| Bieda | Hardman | Minore | Tobocman |
| Bradstreet | Hood | Murphy | Vagnozzi |
| Byrum | Hopgood | O'Neil | Waters |
| Cheeks | Hunter | Paletko | Whitmer |
| Clack | Jamnick | Phillips | Wojno |
| Condino | Kolb | Plakas | Woodward |
| Dennis | Law | Reeves | Zelenko |
| Drolet | Lipsey | Sak |
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.
Reps. Stewart, Rocca, Shulman, DeRossett, Kooiman, Voorhees, Ehardt, Meyer, Newell, Vander Veen, Williams, Caul, Ruth Johnson, Shackleton, Gaffney, Acciavatti, DeRoche, Taub, Amos, Stakoe, Garfield, Milosch, Hoogendyk, Nofs, Steil, Stahl, Sheen, Huizenga, Farhat and Walker were named co-sponsors of the bill.
______
Reps. Zelenko, Hopgood, Farrah, Dennis, Accavitti, Kolb, Anderson and Condino, 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 4087 primarily because it creates a new program without including a sufficient and appropriate funding stream to implement the program. Although the bill attempts to solve a real problem and establishes a general framework to do so, it contains several flaws that should have been addressed at the committee level. In its current form, the bill: does not provide the resources for the Departments of Environmental Quality and Agriculture to solve the problems the bill attempts to solve; includes conflicting legal remedies that likely defeat the purpose of timely conflict resolution; and requires the implementing agencies to make determinations regarding matters they are not equipped to make. Michigan needs a statute to resolve groundwater conflicts. Unfortunately, the work has not been done with the bill to provide a workable conflict resolution system. Michigan can no longer afford new programs without identified funding sources."
House Bill No. 4097, entitled
A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending section 32714 (MCL 324.32714), as added by 1996 PA 434.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 21 Yeas--71
| Acciavatti | Gillard | Milosch | Sheltrown |
| Adamini | Gleason | Moolenaar | Shulman |
| Amos | Hager | Newell | Spade |
| Bisbee | Hart | Nitz | Stahl |
| Bradstreet | Hoogendyk | Nofs | Stakoe |
| Brandenburg | Howell | Palmer | Steil |
| Brown | Huizenga | Palsrok | Stewart |
| Casperson | Hummel | Pappageorge | Tabor |
| Caswell | Hune | Pastor | Taub |
| Caul | Johnson, Rick | Pumford | Van Regenmorter |
| DeRoche | Johnson, Ruth | Reeves | Vander Veen |
| DeRossett | Julian | Richardville | Voorhees |
| Ehardt | Koetje | Rivet | Walker |
| Elkins | Kooiman | Robertson | Ward |
| Emmons | LaJoy | Rocca | Wenke |
| Farhat | LaSata | Shackleton | Williams |
| Gaffney | Meyer | Shaffer | Woronchak |
| Garfield | Middaugh | Sheen |
Nays--37
| Accavitti | Gieleghem | McConico | Smith |
| Anderson | Hardman | Meisner | Stallworth |
| Bieda | Hood | Minore | Tobocman |
| Byrum | Hopgood | Murphy | Vagnozzi |
| Cheeks | Hunter | O'Neil | Waters |
| Clack | Jamnick | Paletko | Whitmer |
| Condino | Kolb | Phillips | Wojno |
| Dennis | Law | Plakas | Woodward |
| Drolet | Lipsey | Sak | Zelenko |
Farrah
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. Dennis, having reserved the right to explain her protest against the passage of the bill, made the following statement:
"Mr. Speaker and members of the House:
I voted no on HB 4097 primarily because it creates a new program without including a sufficient and appropriate funding stream to implement the program. HB 4097 is the companion bill to 4087. Although the bill attempts to solve a real problem and establishes a general framework to do so, it contains several flaws that should have been addressed at the committee level. In its current form, the bill: does not provide the resources for the Departments of Environmental Quality and Agriculture to solve the problems the bill attempts to solve; includes conflicting legal remedies that likely defeat the purpose of timely conflict resolution; and requires the implementing agencies to make determinations regarding matters they are not equipped to make. Michigan needs a statute to resolve groundwater conflicts. Unfortunately, the work has not been done with the bill to provide a workable conflict resolution system. Michigan can no longer afford new programs without identified funding sources."
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:
I voted no on HB 4097 primarily because it creates a new program without including a sufficient and appropriate funding stream to implement the program. Although the bill attempts to solve a real problem and establishes a general framework to do so, it contains several flaws that should have been addressed at the committee level. In its current form, the bill: does not provide the resources for the Departments of Environmental Quality and Agriculture to solve the problems the bill attempts to solve; includes conflicting legal remedies that likely defeat the purpose of timely conflict resolution; and requires the implementing agencies to make determinations regarding matters they are not equipped to make. Michigan needs a statute to resolve groundwater conflicts. Unfortunately, the work has not been done with the bill to provide a workable conflict resolution system. Michigan can no longer afford new programs without identified funding sources."
Notices
I hereby give notice that on the next legislative session day I will move to discharge the Committee on Government Operations from further consideration of House Resolution No. 22.
Rep. Cheeks
Rep. Richardville moved that House Committees be given leave to meet during the balance of today's session.
The motion prevailed.
Rep. Richardville moved that when the House adjourns today it stand adjourned until Tuesday, March 11, at 1:00 p.m.
The motion prevailed.
______
Rep. Clack moved that the House adjourn.
The motion prevailed, the time being 12:55 p.m.
The Speaker Pro Tempore declared the House adjourned until Tuesday, March 11, at 1:00 p.m.
GARY L. RANDALL
Clerk of the House of Representatives