2003-HJ-03-19-021.htm

No. 21

STATE OF MICHIGAN

JOURNAL

OF THE

House of Representatives

92nd Legislature

REGULAR SESSION OF 2003

House Chamber, Lansing, Wednesday, March 19, 2003.

1:00 p.m.

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

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--excused 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--excused 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. Lauren M. Hager, from the 81st District, offered the following invocation:

"Lord in heaven, You have admonished us in Your word to come boldly before the throne of grace. Father, we thank You for that avenue of communication that we have with You. Father, today our hearts are burdened, our hearts are heavy as we think of the crisis before us as a nation. Father, I would pray for special guidance and wisdom for our President, for the cabinet and all his advisors. I pray for the troops that are out there protecting us. Father, I thank You for them and I would ask that You would bless them in a very special way. Give them the peace that can only come from You. Now, Father, we would ask that You would bless us as a legislative body today. Help us Lord to do that which would, first of all, please You and would be for the betterment of all of the citizens that we serve. We ask all these things in the name of Jesus, our Lord. Amen."

______

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

The motion prevailed.

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

The motion prevailed.

Reports of Standing Committees

The Committee on Criminal Justice, by Rep. Van Regenmorter, Chair, reported

House Bill No. 4145, entitled

A bill to enter into the interstate compact for the supervision or return of certain juveniles, delinquents, and status offenders and for related purposes; and to repeal acts and parts of acts.

Without amendment and with the recommendation that the bill pass.

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

Favorable Roll Call

To Report Out:

Yeas: Reps. Van Regenmorter, Stakoe, Howell, LaSata, Gaffney, Nofs, Meisner, Condino and Hood

Nays: None

COMMITTEE ATTENDANCE REPORT

The following report, submitted by Rep. Van Regenmorter, Chair of the Committee on Criminal Justice, was received and read:

Meeting held on: Wednesday, March 19, 2003, at 10:30 a.m.

Present: Reps. Van Regenmorter, Stakoe, Howell, LaSata, Gaffney, Nofs, Meisner, Condino and Hood

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

House Bill No. 4148, entitled

A bill to amend 1976 PA 451, entitled "The revised school code," by amending sections 501, 502, 503, 504, 504a, and 507 (MCL 380.501, 380.502, 380.503, 380.504, 380.504a, and 380.507), sections 501, 502, 503, 504a, and 507 as amended by 1995 PA 289 and section 504 as amended by 1994 PA 416, and by adding sections 503b and 1320.

With the recommendation that the substitute (H-7) 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. Palmer, Hummel, Meyer, Bradstreet, Hart, Ruth Johnson, Tabor, Voorhees, Vander Veen, Nofs and Stahl

Nays: Reps. Hager, Vagnozzi, Smith, Hopgood and Clack

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Wednesday, March 19, 2003, at 10:30 a.m.

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

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 18, 2003, at 2:50 p.m.

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

Absent: Rep. Spade

Excused: Rep. Spade

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 19, 2003, at 9:00 a.m.

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

Absent: Rep. Daniels

Excused: Rep. Daniels

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, March 19, 2003, at 10:30 a.m.

Present: Reps. Tabor, Milosch, Bradstreet, Ehardt, Richardville, Rocca, Nitz, Gillard, Farrah, Sheltrown and Accavitti

Announcement by the Clerk of Printing and Enrollment

The Clerk announced that the following bill had been printed and placed upon the files of the members, Thursday, March 13:

Senate Bill No. 293

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

Senate Bill Nos. 294 296 297

The Clerk announced that the following bill had been printed and placed upon the files of the members, Monday, March 17:

Senate Bill No. 295

The Clerk announced that the following bills had been printed and placed upon the files of the members, Wednesday, March 19:

House Bill Nos. 4349 4350 4351 4352 4353 4354 4355 4356 4357 4358 4359 4360 4361 4362 4363 4364 4365 4366 4367 4368 4369 4370 4371 4372 4373 4374 4375 4376 4377 4378 4379 4380 4381 4382 4383 4384 4385 4386 4387 4388 4389 4390 4391 4392 4393 4394 4395 4396 4397 4398 4399 4400 4401 4402 4403 4404 4405

The Clerk announced that the following Senate bills had been received on Wednesday, March 19:

Senate Bill Nos. 105 258

By unanimous consent the House returned to the order of

Motions and Resolutions

Reps. Gaffney, Brandenburg, Acciavatti, Stahl, Accavitti, Hager, Howell, Pappageorge, Pastor, Rocca, Shulman and Voorhees offered the following resolution:

House Resolution No. 30.

A resolution to memorialize the Congress of the United States to designate Lake St. Clair as one of the Great Lakes.

Whereas, The people of the state of Michigan have consistently demonstrated the importance they place on protecting Michigan's unique environmental quality; and

Whereas, Maintaining our remarkable water resources is of paramount importance to the Michigan Legislature and the entire Great Lake State. All steps that could bring about increased protection of the Great Lakes must be taken at the state, national, and international levels; and

Whereas, Lake St. Clair exerts an impact far beyond its size. It is the source of drinking water for 6 million people. It is the source of one-third of all the fish taken from the Great Lakes and nearly half of all the recreational fishing activity in Michigan. It is traversed by 3,000 freighters each year, and 135,000 registered boats call it home. Lake St. Clair, the largest freshwater coastal delta in the Great Lakes, is also home to an amazing diversity of plant and animal life; and

Whereas, Although Lake St. Clair is considered by many to be the heart of the Great Lakes--for both its shape and its usage--it is clear that this priceless resource does not receive a commensurate level of funding. The serious problems with pollution from multiple sources can only be addressed by a more appropriate level of public commitment; and

Whereas, Area residents, strongly committed to Lake St. Clair, have initiated an ambitious drive to have Lake St. Clair designated the sixth Great Lake. Public bodies that have called for the designation of Lake St. Clair as the sixth Great Lake include the Central Macomb Chamber of Commerce, St. Clair Shores City Council, Clinton Township Board of Trustees, Ira Township Board of Trustees, Ray Township Board of Trustees, Wayne County Board of Commissioners, and Macomb County Board of Commissioners. With the formal designation of Lake St. Clair as a Great Lake, more attention, money, and focus would be directed to this vitally important body of water; now, therefore be it

Resolved by the House of Representatives, That we memorialize the Congress of the United States to designate Lake St. Clair as one of the Great Lakes; 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 Great Lakes and Tourism.

Messages from the Senate

Senate Bill No. 105, entitled

A bill to amend 1990 PA 182, entitled "An act to require counties to redistribute certain payments received from the federal government; and to repeal certain acts and parts of acts," by amending the title and sections 1 and 3 (MCL 141.1301 and 141.1303).

The Senate has passed the bill.

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

Senate Bill No. 258, entitled

A bill to amend 1931 PA 328, entitled "The Michigan penal code," by amending section 120a (MCL 750.120a), as amended by 2000 PA 450.

The Senate has passed the bill.

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

Second Reading of Bills

House Bill No. 4290, entitled

A bill to amend 1976 PA 388, entitled "Michigan campaign finance act," (MCL 169.201 to 169.282) by adding section 65a.

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

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

Rep. Julian 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. Julian moved to amend the bill as follows:

1. Amend page 2, line 16, after "subsection" by inserting a semicolon and "however, the majority must consist of at least 1 member of each major political party appointed to the board of state canvassers".

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.

House Bill No. 4070, entitled

A bill to require textbook publishers to provide electronic versions of certain instructional materials used in colleges and universities.

The bill was read a second time.

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

The motion prevailed.

______

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

The motion prevailed.

Introduction of Bills

Reps. Kolb, Law and Zelenko introduced

House Bill No. 4406, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," (MCL 324.101 to 324.90106) by adding part 146.

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

Reps. Kolb, Law and Zelenko introduced

House Bill No. 4407, entitled

A bill to amend 1927 PA 175, entitled "The code of criminal procedure," by amending section 13c of chapter XVII (MCL 777.13c), as added by 2002 PA 30.

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

Reps. Bradstreet, Sheltrown, Tabor, Nitz, Caswell, Garfield and Shackleton introduced

House Bill No. 4408, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending section 82101 (MCL 324.82101), as amended by 1997 PA 102.

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

Reps. LaSata, Shaffer, Pumford, Vander Veen, Middaugh, LaJoy, Brown and Kooiman introduced

House Bill No. 4409, entitled

A bill to amend 1954 PA 116, entitled "Michigan election law," by amending section 968 (MCL 168.968), as amended by 1989 PA 26.

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

Reps. Hart, Pumford and Minore introduced

House Bill No. 4410, entitled

A bill to amend 1967 PA 281, entitled "Income tax act of 1967," by amending section 51 (MCL 206.51), as amended by 1999 PA 6; and to repeal acts and parts of acts.

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

Rep. Hunter introduced

House Bill No. 4411, entitled

A bill to make appropriations for certain capital outlay programs and state departments and agencies for the fiscal year ending September 30, 2004; to implement the appropriations within the budgetary process; to make appropriations for planning and construction at state agencies; to make appropriations for state building authority rent and insurance; to make a grant for state building authority rent; to provide for the acquisition of land and buildings; to provide for the elimination of fire hazards; to provide for special maintenance, remodeling and addition, alteration, renovation, demolition, and other projects; to provide for elimination of occupational safety and health hazards; to provide for the award and implementation of contracts; to provide for the purchase of furnishings and equipment relative to occupancy of a project; to provide for the development of public recreation facilities; to provide for certain advances from the general fund; to prescribe powers and duties of certain state officers and agencies; to require certain reports, plans, and agreements; to provide for leases; to provide for transfers; to prescribe standards and conditions relating to the appropriations; and to provide for the expenditure of appropriations.