2003-HJ-04-02-027

No. 27

STATE OF MICHIGAN

JOURNAL

OF THE

House of Representatives

92nd Legislature

REGULAR SESSION OF 2003

House Chamber, Lansing, Wednesday, April 2, 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--excused Moolenaar--present Stahl--present

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

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

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

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

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

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--e/d/s

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

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

Gaffney--present

e/d/s = entered during session

Rep. Virgil Smith, from the 7th District, offered the following invocation:

"Oh Lord, I come today to ask that You bless this caucus to make sure that we do the job that we need to do to represent the people of the state of Michigan. Lord, I ask You to bless the soldiers that are fighting for our freedom abroad. I ask that You bless all the people that have lost their lives for the struggle of civil rights in this country. In Your name I pray every day, Lord, Amen."

______

Rep. Waters moved that Reps. Hardman and Zelenko be excused from today's session.

The motion prevailed.

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

The motion prevailed.

Second Reading of Bills

House Bill No. 4332, entitled

A bill to amend 1937 PA 345, entitled "Fire fighters and police officers retirement act," by amending sections 6, 6a, and 6b (MCL 38.556, 38.556a, and 38.556b), section 6 as amended by 2002 PA 98, section 6a as amended by 1982
PA 145, and section 6b as added by 1986 PA 30.

The bill was read a second time.

Rep. Shackleton 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. 4332, 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. 52 Yeas--100

Accavitti Farrah Law Sak

Acciavatti Gaffney Lipsey Shackleton

Adamini Garfield McConico Shaffer

Amos Gieleghem Meisner Sheen

Anderson Gillard Meyer Sheltrown

Bieda Gleason Middaugh Shulman

Bisbee Hager Milosch Smith

Bradstreet Hart Minore Spade

Brandenburg Hood Moolenaar Stahl

Brown Hoogendyk Murphy Stakoe

Byrum Hopgood Nitz Steil

Casperson Howell Nofs Stewart

Caswell Huizenga O'Neil Taub

Caul Hummel Paletko Tobocman

Cheeks Hune Palmer Vagnozzi

Clack Hunter Palsrok Van Regenmorter

Condino Jamnick Pappageorge Vander Veen

Daniels Johnson, Rick Pastor Voorhees

Dennis Johnson, Ruth Phillips Walker

DeRoche Julian Plakas Ward

DeRossett Koetje Reeves Waters

Drolet Kolb Richardville Wenke

Elkins Kooiman Rivet Williams

Emmons LaJoy Robertson Wojno

Farhat LaSata Rocca Woronchak

Nays--0

In The Chair: Julian

The House agreed to the title of the bill.

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

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

Reps. McConico, Stewart, Phillips, Jamnick, DeRossett, Richardville, Spade, Lipsey, Murphy, Whitmer, Hager, Hummel, Vander Veen, Adamini, Gaffney, Farrah, Paletko, Pastor, LaJoy, Brandenburg, Meisner, Wojno, Clack, Taub, Accavitti, Amos, Garfield, Gleason, Milosch, Caswell, Shaffer, Hoogendyk, Nofs, Emmons, Steil, Van Regenmorter, Sak, Stahl, Sheen, Gillard and Casperson were named co-sponsors of the bill.

Second Reading of Bills

House Bill No. 4081, entitled

A bill to amend 1917 PA 167, entitled "Housing law of Michigan," by amending sections 139, 141, and 142 (MCL 125.539, 125.541, and 125.542), as amended by 1992 PA 144.

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. Wojno moved to amend the bill as follows:

1. Amend page 7, line 3, after "a" by inserting "rebuttable".

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

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

The motion prevailed.

Pending the Second Reading of

House Bill No. 4343, entitled

A bill to amend 2002 PA 561, entitled "An act to make appropriations for the state transportation department and certain transportation purposes for the fiscal year ending September 30, 2004; to provide for the imposition of fees; to provide for reports; to create certain funds and programs; to prescribe requirements for certain railroad and bus facilities; to prescribe certain powers and duties of certain state departments and officials and local units of government; and to provide for the expenditure of the appropriations," by amending section 711.

Rep. Richardville moved that the bill be referred to the Committee on Appropriations.

The motion prevailed.

______

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

The motion prevailed.

Rep. Woodward entered the House Chambers.

By unanimous consent the House returned to the order of

Reports of Standing Committees

The Committee on Tax Policy, by Rep. Wenke, Chair, reported

House Bill No. 4211, entitled

A bill to amend 1893 PA 206, entitled "The general property tax act," by amending section 30 (MCL 211.30), as amended by 2000 PA 210.

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.

Favorable Roll Call

To Report Out:

Yeas: Reps. Wenke, Sheen, Koetje, Meyer, Drolet, Hummel, Palmer, Milosch, Nofs, Stakoe, Minore, Farrah, Bieda and Condino

Nays: None

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, April 2, 2003, at 9:00 a.m.

Present: Reps. Wenke, Sheen, Koetje, Woronchak, Meyer, Drolet, Hummel, Palmer, Milosch, Nofs, Stakoe, Minore, Farrah, Bieda and Condino

Absent: Reps. O'Neil and Zelenko

Excused: Reps. O'Neil and Zelenko

The Committee on Conservation and Outdoor Recreation, by Rep. Tabor, Chair, reported

House Bill No. 4011, entitled

A bill to repeal 1927 LA 9, entitled "An act to prohibit hunting on Sunday in the county of Washtenaw and to prescribe penalties for the violation thereof.".

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. Tabor, Milosch, Ehardt, Richardville, Rocca, Nitz, Gillard and Sheltrown

Nays: Rep. Farrah

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, April 2, 2003, at 10:30 a.m.

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

The Committee on Insurance, by Rep. Julian, Chair, reported

House Bill No. 4432, entitled

A bill to amend 1956 PA 218, entitled "The insurance code of 1956," (MCL 500.100 to 500.8302) by adding section 2834.

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. Julian, Hune, Middaugh, Hummel, Garfield, Robertson, Sheen, Daniels, Anderson, Wojno, Hood and Gillard

Nays: None

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Wednesday, April 2, 2003, at 10:30 a.m.

Present: Reps. Julian, Hune, Bisbee, Ehardt, Middaugh, Hummel, Garfield, Robertson, Sheen, Daniels, Woodward, Anderson, Wojno, Hood and Gillard

The Committee on Appropriations, by Rep. Shulman, Chair, reported

House Bill No. 4032, entitled

A bill to make, supplement, and adjust appropriations for various state departments and agencies for the fiscal year ending September 30, 2003; and to provide for the expenditure of the appropriations.

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. Shulman, Emmons, Caul, Pumford, Shackleton, Kooiman, Newell, Stewart, Acciavatti, Caswell, Farhat, Hoogendyk, Moolenaar, Pastor, Shaffer, Steil, Taub, Walker, Whitmer, Brown, Kolb, Phillips, Plakas, Reeves, Williams, Cheeks, Hunter, Paletko and Sak

Nays: Reps. Amos and Brandenburg

The Committee on Appropriations, by Rep. Shulman, Chair, reported

House Bill No. 4392, entitled

A bill to make appropriations for the department of community health for the fiscal year ending September 30, 2004; to provide for the expenditure of the appropriations; and to provide for the disposition of fees and other income received by the state agency.

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. Shulman, Emmons, Caul, Pumford, Shackleton, Kooiman, Newell, Stewart, Acciavatti, Amos, Caswell, Farhat, Hoogendyk, Moolenaar, Pastor, Shaffer, Steil, Taub, Walker and Brandenburg

Nays: Reps. Whitmer, Brown, Kolb, Phillips, Plakas, Reeves, Williams, Cheeks, Hunter, Paletko and Sak

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Wednesday, April 2, 2003, at 2:00 p.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. Palmer, Chair of the Committee on Education, was received and read:

Meeting held on: Tuesday, April 1, 2003, at 3:05 p.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. Bisbee, Chair of the Committee on Commerce, was received and read:

Meeting held on: Wednesday, April 2, 2003, at 10:30 a.m.

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

Absent: Reps. DeRoche and Milosch

Excused: Reps. DeRoche and Milosch

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Wednesday, April 2, 2003, at 2:00 p.m.

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

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, April 2, 2003, at 2:00 p.m.

Present: Reps. Hager, Stahl, Hart, Vander Veen, Voorhees, Sheen, Clack and Elkins

Absent: Rep. Hardman

Excused: Rep. Hardman

Messages from the Senate

House Bill No. 4079, entitled

A bill to amend 1978 PA 368, entitled "Public health code," by amending sections 20194 and 21799a (MCL 333.20194 and 333.21799a), section 20194 as added by 1993 PA 79.

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. 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.

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. 4139, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending section 43536a (MCL 324.43536a), as added by 1996 PA 585.

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 pursuant to Joint Rule 20, inserted the full title.

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

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, Friday, March 28:

Senate Bill Nos. 349 350 351 352

The Clerk announced that the following bills had been printed and placed upon the files of the members, Wednesday, April 2:

House Bill Nos. 4488 4489 4490 4491 4492 4493 4494 4495 4496 4497 4498 4499 4500 4501 4502 4503 4504 4505 4506 4507 4508 4509 4510

Communications from State Officers

The following communications from the Secretary of State were received and read:

Notices of Filing

Administrative Rules

February 19, 2003

In accordance with the provisions of Section 46(1) of Act 306, Public Acts of 1969, as amended, and Executive Order 1995-6 this is to advise you that the Office of Regulatory Reform, Legal Division filed at 1:47 P.M. this date, administrative rule (03-02-02) for the Department of Environmental Quality, Environmental Assistance Division, entitled "General Rules", effective 7 days hereafter.

March 24, 2003

In accordance with the provisions of Section 46(1) of Act 306, Public Acts of 1969, as amended, and Executive Order 1995-6 this is to advise you that the Office of Regulatory Reform, Legal Division filed at 1:50 P.M. this date, administrative rule (03-03-05) for the Department of Consumer and Industry Services, Director's Office, entitled "Grinding, Polishing, and Buffing Ventilation Controls", effective 7 days hereafter.

Sincerely,

Terri Lynn Land

Secretary of State

Elena L. Beasley, Manager

Office of the Great Seal

The communications were referred to the Clerk.

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

March 21, 2003

Enclosed is the Appropriation/Fiscal Analysis Report for the Department of Civil Service for fiscal year 2001-02.

This report is provided in accordance with Article XI, Section 5 of the Constitution of the State of Michigan.

Sincerely,

John F. Lopez

State Personnel Director

The communication was referred to the Clerk.

The following communication from the Auditor General was received and read:

March 31, 2003

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

Performance Audit of the

Office of Racing Commissioner

Department of Agriculture

March 2003

Sincerely,

Thomas H. McTavish, C.P.A.

Auditor General

The communication was referred to the Clerk and the accompanying report referred to the Committee on Government Operations.

Introduction of Bills

Reps. Pappageorge, Van Regenmorter, Ehardt, Woodward, Gleason, Koetje, Drolet, Howell, Kooiman and Tobocman introduced

House Bill No. 4511, entitled

A bill to amend 1969 PA 306, entitled "Administrative procedures act of 1969," by amending sections 45 and 45a (MCL 24.245 and 24.245a), section 45 as amended and section 45a as added by 1999 PA 262.

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

Reps. Shaffer, Hummel, Voorhees, Vander Veen, Pastor, LaJoy, Stahl, Hager, Kooiman, Robertson, Milosch, Caswell, Palsrok, Amos, Rocca and Phillips introduced

House Bill No. 4512, 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. Nofs, Gaffney, Stakoe, Garfield, Stahl, Wenke, Van Regenmorter, Robertson, Ruth Johnson, Rocca, Howell, Taub, Caswell, Richardville, Palsrok, Caul, Hune, Newell, DeRoche, Bisbee, Middaugh, Brandenburg, Acciavatti, LaJoy, Pastor, Casperson, Tabor, Drolet, Milosch, Bieda, Lipsey, Gieleghem, Meisner, Moolenaar and Ward introduced

House Bill No. 4513, entitled

A bill to amend 1931 PA 328, entitled "The Michigan penal code," by amending section 200h (MCL 750.200h), as amended by 2001 PA 135.