2003-HJ-05-22-043.htm

No. 43

STATE OF MICHIGAN

JOURNAL

OF THE

House of Representatives

92nd Legislature

REGULAR SESSION OF 2003

House Chamber, Lansing, Thursday, May 22, 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--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--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--e/d/s 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. Larry Julian, from the 85th District, offered the following invocation:

"Lord, thank You for bringing us here today in good health and for this wonderful day that You have provided for us. We thank You for the opportunity to lead our state in an effort to create just and reasonable policy. Lord, we ask that You look over each and every one of us as we use our leadership and ability to represent everyone as one body. Please accept our humble presence as a testament to the greatness that You represent and guide us through the challenges and responsibilities that our position of state representative embodies. Lord, we ask this in the name of Your son, Jesus Christ, Amen."

Second Reading of Bills

House Bill No. 4579, entitled

A bill to amend 1980 PA 307, entitled "Savings and loan act of 1980," by amending section 1135 (MCL 491.1135), as added by 2002 PA 185.

The bill was read a second time.

Rep. Lipsey 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.

______

Rep. Hood moved that Reps. Hardman and Daniels be excused temporarily from today's session.

The motion prevailed.

By unanimous consent the House returned to the order of

Third Reading of Bills

House Bill No. 4579, entitled

A bill to amend 1980 PA 307, entitled "Savings and loan act of 1980," by amending section 1135 (MCL 491.1135), as added by 2002 PA 185.

Was read a third time and passed, 2/3 of the members serving voting therefor, by yeas and nays, as follows:

Roll Call No. 158 Yeas--105

Accavitti Gieleghem Meyer Sheen

Acciavatti Gillard Middaugh Sheltrown

Adamini Gleason Milosch Shulman

Amos Hager Minore Smith

Anderson Hart Moolenaar Spade

Bieda Hood Murphy Stahl

Bisbee Hoogendyk Newell Stakoe

Bradstreet Hopgood Nitz Steil

Brandenburg Howell Nofs Stewart

Brown Huizenga O'Neil Tabor

Byrum Hummel Paletko Taub

Casperson Hune Palmer Tobocman

Caswell Hunter Palsrok Vagnozzi

Caul Jamnick Pappageorge Van Regenmorter

Cheeks Johnson, Rick Pastor Vander Veen

Clack Johnson, Ruth Phillips Voorhees

Condino Julian Plakas Walker

DeRoche Koetje Pumford Ward

DeRossett Kolb Reeves Waters

Drolet Kooiman Richardville Wenke

Ehardt LaJoy Rivet Whitmer

Elkins LaSata Robertson Williams

Emmons Law Rocca Wojno

Farhat Lipsey Sak Woodward

Farrah McConico Shackleton Woronchak

Gaffney Meisner Shaffer Zelenko

Garfield

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.

Second Reading of Bills

House Bill No. 4580, entitled

A bill to amend 1999 PA 276, entitled "Banking code of 1999," by amending section 4406 (MCL 487.14406), as added by 2002 PA 183.

The bill was read a second time.

Rep. Palsrok 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. 4580, entitled

A bill to amend 1999 PA 276, entitled "Banking code of 1999," by amending section 4406 (MCL 487.14406), as added by 2002 PA 183.

Was read a third time and passed, 2/3 of the members serving voting therefor, by yeas and nays as follows:

Roll Call No. 159 Yeas--107

Accavitti Garfield Meisner Sheen

Acciavatti Gieleghem Meyer Sheltrown

Adamini Gillard Middaugh Shulman

Amos Gleason Milosch Smith

Anderson Hager Minore Spade

Bieda Hardman Moolenaar Stahl

Bisbee Hart Murphy Stakoe

Bradstreet Hood Newell Steil

Brandenburg Hoogendyk Nitz Stewart

Brown Hopgood Nofs Tabor

Byrum Howell O'Neil Taub

Casperson Huizenga Paletko Tobocman

Caswell Hummel Palmer Vagnozzi

Caul Hune Palsrok Van Regenmorter

Cheeks Hunter Pappageorge Vander Veen

Clack Jamnick Pastor Voorhees

Condino Johnson, Rick Phillips Walker

Daniels Johnson, Ruth Plakas Ward

DeRoche Julian Pumford Waters

DeRossett Koetje Reeves Wenke

Drolet Kolb Richardville Whitmer

Ehardt Kooiman Rivet Williams

Elkins LaJoy Robertson Wojno

Emmons LaSata Rocca Woodward

Farhat Law Sak Woronchak

Farrah Lipsey Shackleton Zelenko

Gaffney McConico Shaffer

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.

Second Reading of Bills

House Bill No. 4581, entitled

A bill to amend 1996 PA 354, entitled "Savings bank act," by amending section 514 (MCL 487.3514), as added by 2002 PA 247.

The bill was read a second time.

Rep. O'Neil 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. 4581, entitled

A bill to amend 1996 PA 354, entitled "Savings bank act," by amending section 514 (MCL 487.3514), as added by 2002 PA 247.

Was read a third time and passed, 2/3 of the members serving voting therefor, by yeas and nays as follows:

Roll Call No. 160 Yeas--106

Accavitti Garfield Meyer Sheen

Acciavatti Gieleghem Middaugh Sheltrown

Adamini Gillard Milosch Shulman

Amos Gleason Minore Smith

Anderson Hager Moolenaar Spade

Bieda Hardman Murphy Stahl

Bisbee Hart Newell Stakoe

Bradstreet Hood Nitz Steil

Brandenburg Hoogendyk Nofs Stewart

Brown Hopgood O'Neil Tabor

Byrum Howell Paletko Taub

Casperson Huizenga Palmer Tobocman

Caswell Hummel Palsrok Vagnozzi

Caul Hune Pappageorge Van Regenmorter

Cheeks Hunter Pastor Vander Veen

Clack Jamnick Phillips Voorhees

Condino Johnson, Rick Plakas Walker

Daniels Johnson, Ruth Pumford Ward

DeRoche Julian Reeves Waters

DeRossett Koetje Richardville Wenke

Drolet Kolb Rivet Whitmer

Ehardt Kooiman Robertson Williams

Elkins LaJoy Rocca Wojno

Emmons LaSata Sak Woodward

Farhat Law Shackleton Woronchak

Farrah Lipsey Shaffer Zelenko

Gaffney Meisner

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.

Second Reading of Bills

House Bill No. 4582, entitled

A bill to amend 1925 PA 285, entitled "An act to provide for the organization, operation, and supervision of credit unions; to provide for the conversion of a state credit union into a federal credit union or a credit union organized and supervised under the laws of any other state or territory of the United States or any other federally insured depository institution and for the conversion of a federal credit union or a credit union organized and supervised under the laws of any other state or territory of the United States or any other federally insured depository institution into a state credit union; and to provide for the merger of credit unions organized and supervised under the laws of this state, credit unions organized and supervised under the laws of any other state or territory of the United States, and federal credit unions," by amending section 16c (MCL 490.16c), as added by 2002 PA 184.

The bill was read a second time.

Rep. Wenke 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.

______

Rep. Dennis entered the House Chambers.

By unanimous consent the House returned to the order of

Third Reading of Bills

House Bill No. 4582, entitled

Was read a third time and passed, 2/3 of the members serving voting therefor, by yeas and nays as follows:

Roll Call No. 161 Yeas--108

Accavitti Gaffney McConico Shaffer

Acciavatti Garfield Meisner Sheen

Adamini Gieleghem Meyer Sheltrown

Amos Gillard Middaugh Shulman

Anderson Gleason Milosch Smith

Bieda Hager Minore Spade

Bisbee Hardman Moolenaar Stahl

Bradstreet Hart Murphy Stakoe

Brandenburg Hood Newell Steil

Brown Hoogendyk Nitz Stewart

Byrum Hopgood Nofs Tabor

Casperson Howell O'Neil Taub

Caswell Huizenga Paletko Tobocman

Caul Hummel Palmer Vagnozzi

Cheeks Hune Palsrok Van Regenmorter

Clack Hunter Pappageorge Vander Veen

Condino Jamnick Pastor Voorhees

Daniels Johnson, Rick Phillips Walker

Dennis Johnson, Ruth Plakas Ward

DeRoche Julian Pumford Waters

DeRossett Koetje Reeves Wenke

Drolet Kolb Richardville Whitmer

Ehardt Kooiman Rivet Williams

Elkins LaJoy Robertson Wojno

Emmons LaSata Rocca Woodward

Farhat Law Sak Woronchak

Farrah Lipsey Shackleton Zelenko

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.

Second Reading of Bills

House Bill No. 4352, entitled

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

Was read a second time, and the question being on the adoption of the proposed amendments previously recommended by the Committee on Conservation and Outdoor Recreation (for amendments, see House Journal No. 39, p. 573),

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

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. 4352, entitled

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

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

Roll Call No. 162 Yeas--108

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.

Second Reading of Bills

House Bill No. 4609, entitled

A bill to amend 1995 PA 279, entitled "Horse racing law of 1995," by amending the title and sections 2, 8, 9, 10, 12, 16, 17, 23, and 25 (MCL 431.302, 431.308, 431.309, 431.310, 431.312, 431.316, 431.317, 431.323, and 431.325), sections 9, 10, and 12 as amended by 2000 PA 164 and section 17 as amended by 1998 PA 408, by adding a heading for article 1 and adding section 20a and articles 2 and 3.

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

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

Reps. Jamnick and Williams moved to amend the bill as follows:

1. Amend page 44, following line 13, by inserting:

"Sec. 21. Local units of government participating in the distribution of funds under section 17(4) shall use all or a portion of the funds to provide for adequate police, fire, and traffic protection of persons and property at and near each race meet, including areas where occupational licenses are required. Each local unit of government participating in the distribution of funds under this act shall show by a statement submitted annually on February 1 of each year to the racing commissioner the amounts of funds received and shall detail the expenditure of those amounts during the previous calendar year. The racing commissioner shall report annually to the governor and the legislature regarding these statements.".

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

Rep. Julian moved to amend the bill as follows:

1. Amend page 57, line 11, after "licenses" by striking out "each year".

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

Rep. Woodward moved to amend the bill as follows:

1. Amend page 58, line 25, by striking out "10" and inserting "25".

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

Rep. Woodward demanded the yeas and nays.

The demand was supported.

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

The motion prevailed and the amendment was adopted, a majority of the members serving voting therefor, by yeas and nays, as follows:

Roll Call No. 163 Yeas--72

Accavitti Farhat McConico Shackleton

Acciavatti Farrah Meisner Shaffer

Amos Gaffney Meyer Shulman

Anderson Garfield Murphy Spade

Bieda Gieleghem Newell Stakoe

Bisbee Gleason Nitz Tabor

Bradstreet Hardman Nofs Tobocman

Brown Hood O'Neil Vagnozzi

Byrum Hune Paletko Vander Veen

Casperson Hunter Pappageorge Walker

Caswell Jamnick Pastor Ward

Cheeks Johnson, Rick Phillips Waters

Clack Julian Plakas Whitmer

Condino Kolb Pumford Williams

Daniels LaJoy Reeves Wojno

Dennis LaSata Richardville Woodward

DeRossett Law Rocca Woronchak

Emmons Lipsey Sak Zelenko

Nays--32

Brandenburg Hoogendyk Milosch Sheltrown

Caul Howell Minore Stahl

DeRoche Huizenga Moolenaar Steil

Drolet Hummel Palmer Stewart

Elkins Johnson, Ruth Palsrok Taub

Gillard Koetje Rivet Van Regenmorter

Hager Kooiman Robertson Voorhees

Hart Middaugh Sheen Wenke

In The Chair: Julian

Rep. Gleason moved to amend the bill as follows:

1. Amend page 2, line 16, after "state;" by inserting "to restrict certain political contributions;".

2. Amend page 46, following line 23, by inserting:

"Sec. 33a. (1) A licensee, a person who has an interest in a licensee, or the spouse, parent, child, or spouse of a child of a licensee or person who has an interest in a licensee shall not make a contribution to a candidate or a committee during any of the following periods:

(a) The term of the licensee's license.

(b) The 3 years following the final expiration or termination of the licensee's license.

(c) The period after the application for a license under this act until the license is denied or becomes effective.

(d) If the licensee first applies for a license under this act after the effective date of this section, whichever of the following periods before applying for the license is shorter:

(i) The period beginning on the effective date of this section.

(ii) The period beginning 1 year before applying for the license.

(2) A licensee, a person who has an interest in a licensee, or the spouse, parent, child, or spouse of a child of a licensee or a person who has an interest in a licensee shall not make a contribution to a candidate or committee through a legal entity that is established, directed, or controlled by any of the persons described in this subsection during the time periods described in subsection (1).

(3) If a contribution prohibited by subsection (1) or (2) is made by a person who has an interest in a licensee, the licensee is subject to sanctions under this act as if the licensee had made the contribution.

(4) As used in this section:

(a) "Candidate" means both of the following:

(i) That term as defined in section 3 of the Michigan campaign finance act, 1976 PA 388, MCL 169.203.

(ii) The holder of a state, legislative, or local elective office.

(b) "Committee" means 1 or more of the following:

(i) A candidate committee as that term is defined in section 3 of the Michigan campaign finance act, 1976 PA 388, MCL 169.203.

(ii) A political party committee as that term is defined in section 11 of the Michigan campaign finance act, 1976 PA 388, MCL 169.211.

(iii) An independent committee as that term is defined in section 8 of the Michigan campaign finance act, 1976 PA 388, MCL 169.208.

(iv) A committee organized by a legislative caucus of a chamber of the legislature.

(c) "Has an interest in" means that 1 or more of the following relationships exist between a person and a licensee:

(i) The person holds at least a 1% interest in the licensee.

(ii) The person is an officer or a managerial employee of the licensee.

(iii) The person is an officer of a person that holds at least a 1% interest in the licensee.

(d) "Licensee" means a person that holds either a racetrack license or a race meeting license under this act.

(e) "Managerial employee" means an individual who, by virtue of the level of remuneration or otherwise holds a management, supervisory, or policy making position with a licensee.

(f) "Officer" means either of the following:

(i) An individual who is an officer of a corporation, limited liability company, or limited liability partnership.

(ii) An individual who is a successor to an individual described in subparagraph (i).".

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

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

The motion prevailed.

House Bill No. 4611, entitled

A bill to amend 1927 PA 175, entitled "The code of criminal procedure," by amending section 14d of chapter XVII (MCL 777.14d), as added by 2002 PA 29.

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

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

Rep. Hune 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. 4611, entitled

A bill to amend 1927 PA 175, entitled "The code of criminal procedure," by amending section 14d of chapter XVII (MCL 777.14d), as added by 2002 PA 29.

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

Roll Call No. 164 Yeas--105

Accavitti Gaffney Lipsey Shaffer

Acciavatti Garfield McConico Sheen

Adamini Gieleghem Meisner Sheltrown

Amos Gillard Meyer Shulman

Anderson Gleason Milosch Smith

Bieda Hager Minore Spade

Bisbee Hardman Moolenaar Stahl

Bradstreet Hart Murphy Stakoe

Brandenburg Hood Newell Steil

Brown Hoogendyk Nitz Stewart

Byrum Hopgood Nofs Tabor

Casperson Howell O'Neil Taub

Caswell Huizenga Paletko Vagnozzi

Caul Hummel Palmer Van Regenmorter

Cheeks Hune Palsrok Vander Veen

Clack Hunter Pappageorge Voorhees

Condino Jamnick Pastor Walker

Daniels Johnson, Rick Phillips Ward

Dennis Johnson, Ruth Plakas Waters

DeRoche Julian Pumford Wenke

DeRossett Koetje Richardville Whitmer

Drolet Kolb Rivet Williams

Ehardt Kooiman Robertson Wojno

Elkins LaJoy Rocca Woodward

Emmons LaSata Sak Woronchak

Farhat Law Shackleton Zelenko

Farrah

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.

Second Reading of Bills

House Bill No. 4612, entitled

A bill to amend the Initiated Law of 1996, entitled "Michigan gaming control and revenue act," by amending section 9b (MCL 432.209b), as added by 1997 PA 69.

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

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

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

The motion prevailed.

House Bill No. 4610, entitled

A bill to amend 1972 PA 239, entitled "McCauley-Traxler-Law-Bowman-McNeely lottery act," by amending the title and sections 3, 11, 23, and 32 (MCL 432.3, 432.11, 432.23, and 432.32), the title as amended by 1996 PA 95, sections 3, 11, and 23 as amended by 1996 PA 167, and section 32 as amended by 1996 PA 13, and by adding a heading for article 1 and adding article 2.

Was read a second time, and the question being on the adoption of the proposed substitute (H-3) previously recommended by the Committee on Agriculture and Resource Management,

The substitute (H-3) was adopted, a majority of the members serving voting therefor.

Reps. O'Neil, Kooiman, Sak and Koetje moved to amend the bill as follows:

1. Amend page 28, line 2, after "under" by striking out "18" and inserting "21".

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

Rep. Vander Veen moved to amend the bill as follows:

1. Amend page 8, following line 5, by inserting:

"(9) Lottery tickets or shares shall not be sold through vending machines." and renumbering the remaining subsection.

2. Amend page 8, line 6, after "section" by striking out the comma and ""person"" and inserting a colon and "(a) "Person"".

3. Amend page 8, following line 14, by inserting:

"(b) "Vending machine" means a self-service device offered for public use that dispenses a lottery ticket directly to a purchaser.".

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

Rep. Palsrok moved to amend the bill as follows:

1. Amend page 2, line 9, by striking out the first "and".

2. Amend page 2, line 9, after "penalties" by inserting a semicolon and "and to repeal acts and parts of acts".

3. Amend page 36, following line 17, by inserting:

"Sec. 65. This article is repealed effective 10 years after the effective date of the amendatory act that added this article.".

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

Rep. Palsrok demanded the yeas and nays.

The demand was supported.

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

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

Roll Call No. 165 Yeas--30

Acciavatti Hummel Palsrok Stewart

Bradstreet Johnson, Ruth Pappageorge Taub

Brandenburg Koetje Robertson Tobocman

Hager Kooiman Shaffer Van Regenmorter

Hart Middaugh Sheen Vander Veen

Hoogendyk Moolenaar Stahl Voorhees

Howell Newell Steil Woronchak

Huizenga Nofs

Nays--66

Accavitti Elkins Kolb Richardville

Adamini Emmons LaJoy Rocca

Anderson Farhat LaSata Sak

Bieda Farrah Law Shackleton

Bisbee Gaffney Meisner Sheltrown

Brown Garfield Meyer Shulman

Byrum Gieleghem Milosch Spade

Casperson Gillard Minore Stakoe

Caswell Gleason Nitz Tabor

Caul Hardman O'Neil Vagnozzi

Clack Hood Paletko Walker

Condino Hopgood Palmer Ward

Dennis Hune Pastor Wenke

DeRoche Hunter Phillips Williams

DeRossett Jamnick Plakas Wojno

Drolet Johnson, Rick Pumford Zelenko

Ehardt Julian

In The Chair: Julian

Rep. Meisner moved to amend the bill as follows:

1. Amend page 30, line 26, by striking out "1/2 of a percent" and inserting "1%".

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

Rep. Elkins moved to amend the bill as follows:

1. Amend page 8, line 15, after "article" by inserting "or payment under article 2".

2. Amend page 9, line 1, after the first "to" by striking out the balance of the line through the second "to" on line 3.

3. Amend page 9, line 4, after "arrearage," by inserting "next to a liability to the state other than an assigned delinquent account of money due to a court,".

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

Rep. Minore moved to amend the bill as follows:

1. Amend page 30, following line 18, by inserting:

"(iii) Five percent, but not more than $30,000,000.00 per year, to the agricultural preservation fund created in section 36202 of the natural resources and environmental protection act, 1994 PA 451, MCL 324.36202." and renumbering the remaining subparagraph.

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

Rep. Minore demanded the yeas and nays.

The demand was supported.

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

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

Roll Call No. 166 Yeas--24

Accavitti Gieleghem Lipsey Stahl

Anderson Hardman Minore Tabor

Bieda Hopgood Murphy Vagnozzi

Condino Jamnick Phillips Walker

Daniels Kolb Rivet Woodward

Dennis Law Spade Zelenko

Nays--78

Acciavatti Gaffney Meisner Sak

Adamini Garfield Meyer Shackleton

Amos Gillard Middaugh Shaffer

Bisbee Gleason Milosch Sheen

Bradstreet Hager Moolenaar Sheltrown

Brandenburg Hart Newell Shulman

Brown Hood Nitz Stakoe

Byrum Hoogendyk Nofs Steil

Casperson Howell O'Neil Stewart

Caswell Huizenga Paletko Taub

Caul Hummel Palmer Tobocman

Clack Hune Palsrok Van Regenmorter

DeRoche Hunter Pappageorge Vander Veen

DeRossett Johnson, Rick Pastor Voorhees

Drolet Johnson, Ruth Plakas Ward

Ehardt Julian Pumford Wenke

Elkins Koetje Richardville Whitmer

Emmons Kooiman Robertson Williams

Farhat LaJoy Rocca Woronchak

Farrah LaSata

In The Chair: Julian

Reps. Pumford and Phillips moved to amend the bill as follows:

1. Amend page 30, following line 18, by inserting:

"(iii) Of the balance, if the amount of money deposited into the school aid fund from state lottery games conducted as of May 22, 2003 and under the Michigan gaming control and revenue act, the Initiated Law of 1996, MCL 432.201 to 432.226, decreases in a fiscal year after 2003 - 2004 from the amount deposited into the school aid fund from the state lottery games conducted as of May 22, 2003 and under the Michigan gaming control and revenue act, the Initiated Law of 1996, MCL 432. 201 to 432.226, in fiscal year 2003 - 2004, then an amount equal to the amount of the decrease shall be deposited into the school aid fund." and renumbering the remaining subparagraph.

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

Rep. Richardville moved to amend the bill as follows:

1. Amend page 15, line 17, by striking out all of subsection (3).

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

Rep. Hune moved to amend the bill as follows:

1. Amend page 30, line 12, after "subdivision" by inserting "each year".

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

Rep. Hopgood moved to amend the bill as follows:

1. Amend page 30, line 26, after "subdivision" by striking out the comma and "but not more than $1,000,000.00 per year,".

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

Rep. Bieda moved to amend the bill as follows:

1. Amend page 31, line 2, after "located" by inserting a comma and "and 1/2 of a percent of the money received under this subdivision, but not more than $1,000,000.00 per year, to any local unit of government that is located less than 1 mile from the racetrack where the licensee conducts its race meetings".

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

Rep. Woodward moved to amend the bill as follows:

1. Amend page 15, line 16, after "property" by inserting "other than the state fairgrounds in the county of Wayne".

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

Rep. Vander Veen moved to reconsider the vote by which the House did not adopt the amendments offered previously by Rep. Vander Veen.

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

The question being on the adoption of the amendments offered previously by Rep. Vander Veen,

Rep. Vander Veen demanded the yeas and nays.

The demand was supported.

The question being on the adoption of the amendments offered previously by Rep. Vander Veen,

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

Roll Call No. 167 Yeas--42

Acciavatti Hoogendyk Newell Sheen

Bradstreet Howell Nofs Stahl

Caul Huizenga Paletko Steil

Cheeks Hummel Palmer Stewart

DeRoche Hune Palsrok Taub

Drolet Johnson, Ruth Pappageorge Van Regenmorter

Emmons Koetje Pumford Vander Veen

Garfield Kooiman Reeves Voorhees

Hager Middaugh Robertson Ward

Hart Milosch Shaffer Woronchak

Hood Moolenaar

Nays--62

Accavitti Elkins Law Shackleton

Adamini Farhat McConico Sheltrown

Amos Farrah Meisner Shulman

Anderson Gaffney Meyer Spade

Bieda Gieleghem Minore Tabor

Bisbee Gillard Murphy Tobocman

Brandenburg Gleason Nitz Vagnozzi

Brown Hardman O'Neil Walker

Byrum Hopgood Pastor Waters

Casperson Hunter Phillips Wenke

Caswell Jamnick Plakas Whitmer

Clack Johnson, Rick Richardville Williams

Condino Julian Rivet Wojno

Daniels Kolb Rocca Woodward

DeRossett LaJoy Sak Zelenko

Ehardt LaSata

In The Chair: Julian

Rep. Woodward moved to reconsider the vote by which the House did not adopt the amendment offered previously by Rep. Woodward.

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

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

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

Rep. Daniels moved to amend the bill as follows:

1. Amend page 34, line 2, after "meetings." by striking out the balance of the subsection.

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

Rep. Daniels demanded the yeas and nays.

The demand was supported.

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

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

Roll Call No. 168 Yeas--35

Bieda Hoogendyk Nofs Stewart

Brandenburg Huizenga Palsrok Taub

Cheeks Hunter Pappageorge Tobocman

Clack Johnson, Ruth Phillips Vagnozzi

Condino Koetje Rivet Vander Veen

Daniels Kooiman Sak Waters

Gieleghem McConico Shaffer Woodward

Hardman Middaugh Smith Woronchak

Hood Newell Stahl

Nays--62

Accavitti Emmons Meisner Sheltrown

Acciavatti Farhat Meyer Shulman

Adamini Farrah Milosch Spade

Amos Gaffney Moolenaar Stakoe

Anderson Garfield Nitz Steil

Bisbee Gillard O'Neil Tabor

Brown Gleason Paletko Van Regenmorter

Byrum Howell Palmer Voorhees

Casperson Hummel Pastor Walker

Caswell Hune Plakas Ward

Caul Jamnick Pumford Wenke

DeRoche Johnson, Rick Richardville Whitmer

DeRossett Julian Robertson Williams

Drolet Kolb Rocca Wojno

Ehardt LaJoy Sheen Zelenko

Elkins LaSata

In The Chair: Julian

______

Rep. Waters moved that Rep. Lipsey be excused from the balance of today's session.

The motion prevailed.

Rep. Daniels moved to amend the bill as follows:

1. Amend page 24, line 5, by striking out all of subdivisions (b) and (c) and inserting:

"(b) Following an investigation by the bureau that is substantially similar to the investigation required to be made of applicants for licensure under section 5 of the Michigan gaming control and revenue act, the Initiated Law of 1996, MCL 432.205, the applicant satisfies all of the requirements prescribed under the Initiated Law of 1996, MCL 432.201 to MCL 432.226, for an applicant for licensure under section 5 of the Michigan gaming control and revenue act, the Initiated Law of 1996, MCL 432.205." and relettering the remaining subdivisions.

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

Rep. Daniels demanded the yeas and nays.

The demand was supported.

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

The amendment was adopted, a majority of the members serving voting therefor, by yeas and nays, as follows:

Roll Call No. 169 Yeas--103

Accavitti Farrah McConico Shaffer

Acciavatti Gaffney Meisner Sheen

Adamini Garfield Meyer Shulman

Amos Gieleghem Middaugh Smith

Anderson Gleason Milosch Spade

Bieda Hager Moolenaar Stahl

Bisbee Hardman Murphy Stakoe

Bradstreet Hart Newell Steil

Brandenburg Hood Nitz Stewart

Brown Hoogendyk Nofs Tabor

Byrum Hopgood O'Neil Taub

Casperson Howell Paletko Tobocman

Caswell Huizenga Palmer Vagnozzi

Caul Hummel Palsrok Van Regenmorter

Cheeks Hune Pappageorge Vander Veen

Clack Hunter Pastor Voorhees

Condino Jamnick Phillips Walker

Daniels Johnson, Rick Plakas Ward

Dennis Johnson, Ruth Pumford Waters

DeRoche Julian Reeves Wenke

DeRossett Koetje Richardville Whitmer

Drolet Kolb Rivet Wojno

Ehardt Kooiman Robertson Woodward

Elkins LaJoy Rocca Woronchak

Emmons LaSata Sak Zelenko

Farhat Law Shackleton

Nays--4

Gillard Minore Sheltrown Williams

In The Chair: Julian

Rep. Smith moved to amend the bill as follows:

1. Amend page 30, line 11, after "pay" by striking out "1/2" and inserting "1/3".

2. Amend page 30, line 11, after "first" by striking out "$60,000,000.00" and inserting "$90,000,000.00".

3. Amend page 30, line 12, after "fund" by striking out "and 1/2" and inserting a comma and "1/3".

4. Amend page 30, line 13, after "64" by inserting a comma and "and 1/3 to a city in this state having a population of 750,000 or more".

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

Rep. O'Neil moved to amend the Smith amendments as follows:

1. Amend amendment number 4, after the first "and", by striking out the balance of the amendment and inserting "1/6 to a city in this state having a population of 750,000 or more and 1/6 to a county with a population of 1.5 million or more".

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

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

Rep. O'Neil moved to amend the Smith amendments as follows:

1. Amend amendment number 4, after the first "and", by striking out the balance of the amendment and inserting "2/9 to a city in this state having a population of 750,000 or more and 1/9 to a county with a population of 1.5 million or more".

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

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

Rep. Koetje demanded the yeas and nays.

The demand was supported.

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

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

Roll Call No. 170 Yeas--54

Accavitti Farrah LaJoy Shulman

Adamini Gaffney McConico Smith

Bisbee Garfield Meisner Steil

Brown Gieleghem Meyer Tabor

Byrum Gleason Minore Taub

Cheeks Hardman Murphy Tobocman

Clack Hood Nofs Ward

Condino Hopgood Pastor Waters

Daniels Hune Phillips Wenke

Dennis Hunter Reeves Whitmer

DeRoche Jamnick Richardville Williams

DeRossett Johnson, Rick Rivet Woodward

Ehardt Julian Sheltrown Zelenko

Emmons Kolb

Nays--44

Acciavatti Hager Moolenaar Shaffer

Amos Hart Newell Sheen

Anderson Hoogendyk Nitz Spade

Bieda Howell Paletko Stahl

Bradstreet Huizenga Palmer Stakoe

Brandenburg Hummel Palsrok Stewart

Casperson Johnson, Ruth Pumford Van Regenmorter

Caswell Kooiman Robertson Vander Veen

Caul LaSata Rocca Walker

Drolet Middaugh Sak Wojno

Farhat Milosch Shackleton Woronchak

In The Chair: Julian

Rep. Daniels moved to reconsider the vote by which the House did not adopt the amendments offered previously by Rep. Smith.

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

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

Rep. Daniels demanded the yeas and nays.

The demand was supported.

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

The amendments were adopted, a majority of the members serving voting therefor, by yeas and nays, as follows:

Roll Call No. 171 Yeas--55

Accavitti Farrah Kolb Shulman

Adamini Gaffney LaJoy Smith

Bisbee Gieleghem McConico Tabor

Brown Gleason Meisner Taub

Byrum Hardman Meyer Tobocman

Cheeks Hood Minore Vagnozzi

Clack Hopgood Murphy Ward

Condino Hummel Nofs Waters

Daniels Hune Pastor Wenke

Dennis Hunter Phillips Whitmer

DeRoche Jamnick Reeves Williams

DeRossett Johnson, Rick Richardville Woodward

Ehardt Julian Rivet Zelenko

Emmons Koetje Sheltrown

Nays--45

Acciavatti Hager Newell Spade

Amos Hart Nitz Stahl

Bradstreet Hoogendyk Palmer Stakoe

Brandenburg Howell Palsrok Steil

Casperson Huizenga Pappageorge Stewart

Caswell Johnson, Ruth Robertson Van Regenmorter

Caul Kooiman Rocca Vander Veen

Drolet LaSata Sak Voorhees

Elkins Middaugh Shackleton Walker

Farhat Milosch Shaffer Wojno

Garfield Moolenaar Sheen Woronchak

Gillard

In The Chair: Julian

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

The motion prevailed.

______

Rep. Accavitti moved that Rep. Wojno be excused temporarily from today's session.

The motion prevailed.

By unanimous consent the House returned to the order of

Third Reading of Bills

Rep. Richardville moved that House Bill No. 4609 be placed on its immediate passage.

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

House Bill No. 4609, 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. 172 Yeas--58

Accavitti Ehardt Lipsey Sheltrown

Adamini Elkins Meisner Shulman

Amos Emmons Meyer Smith

Anderson Gaffney Milosch Spade

Bisbee Gieleghem Minore Stakoe

Brown Gillard Nitz Tabor

Byrum Gleason Paletko Tobocman

Casperson Hood Palmer Walker

Caswell Hune Pappageorge Ward

Cheeks Jamnick Pastor Wenke

Condino Johnson, Rick Phillips Whitmer

Daniels Julian Pumford Williams

Dennis Kolb Richardville Woodward

DeRossett LaJoy Rocca Zelenko

Drolet Law

Nays--39

Acciavatti Hoogendyk Middaugh Sheen

Bradstreet Howell Moolenaar Stahl

Brandenburg Huizenga Newell Steil

Caul Hummel Nofs Stewart

Clack Hunter Palsrok Vagnozzi

DeRoche Johnson, Ruth Reeves Van Regenmorter

Garfield Koetje Robertson Vander Veen

Hager Kooiman Sak Voorhees

Hardman LaSata Shackleton Woronchak

Hart McConico Shaffer

In The Chair: Julian

The question being on agreeing to the title of the bill,

Rep. Richardville moved to amend the title to read as follows:

A bill to amend 1995 PA 279, entitled "Horse racing law of 1995," by amending the title and sections 2, 8, 9, 10, 16, 17, 18, 20, 21, 23, and 25 (MCL 431.302, 431.308, 431.309, 431.310, 431.316, 431.317, 431.318, 431.320, 431.321, 431.323, and 431.325), sections 9 and 10 as amended by 2000 PA 164, sections 17 and 18 as amended by 1998 PA 408, and section 20 as amended by 2000 PA 471, and by adding a heading for article 1 and adding section 19b and articles 2 and 3.

The motion prevailed.

The House agreed to the title as amended.

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

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

______

Rep. Hunter, 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 rise in opposition to this legislation. While I understand and appreciate that racinos may benefit certain communities, I believe that irreparable harm would be done to Detroit's economy, in particular. Thus, I have several concerns:

1) The so called racinos could cost the City of Detroit up to $40 million a year in lost tax revenues-$20 million in lost gaming tax revenues, which the city could lose in reduced taxes paid by the three Detroit casinos. The racinos could take $161 million in revenues from the three Detroit casinos. Detroit could lose another $47 million to the other racinos. Also, $20 million or so could be lost in income and other taxes paid by workers laid off by the casinos. Further, Detroit hotels, restaurants and other businesses that benefit from the Detroit casinos will also lose.

2) The racinos seriously threaten development of the permanent casinos and Detroit's ability to host the 2006 Super Bowl. The three Detroit casinos based their permanent casino plans on economic models that obviously included no new casinos in other cities. New casinos could take more than $161 million from the three Detroit casinos, thereby totally changing those economic models. And that means that the casinos won't be able to build the hotels on their permanent development sites, which would jeopardize Detroit's bid to host the 2006 Super Bowl for lack of hotel room availability.

3) The racinos are counter to the wishes of Michigan voters: In 1996, Michigan voters approved three casinos for the City of Detroit - no more. In the past two weeks, two polls conducted by pollsters (Mitchell Research and MRG) have both found overwhelming opposition to the racinos. Opposition was overwhelming from Republican, Democratic and Independent voters. In the Mitchell poll, racinos were opposed 4-1 (77% to 19%). In the MRG poll, commissioned by former state Horse Racing Commissioner Bill Ballenger, racinos were opposed 66% to 25%. The Detroit News, Detroit Free Press, Flint Journal, Jackson Citizen Patriot, Lansing State Journal and Grand Rapids Press oppose the racinos.

4) While I appreciate the sponsors of this bill for providing consideration to Detroit to the tune of $30 million per year, there is no way to assure that these monies will be there from fiscal year to fiscal year - as we have already cut or have proposed to cut funds from the budget that we have previously committed to fund (i.e. $15 million for the public school 'reform' effort in Detroit. Far be it from me to suggest that this House would ever break a promise; however, racino funding promises can be broken at any time after we all have departed this chamber.

6) Further, even if the legislature provides remuneration to Detroit, as proposed, it does not come close to replacing the impact of losing casino jobs, and the spending those employees do in Detroit and other cities where casinos presently exist.

Therefore, for all these reasons I would urge my colleagues to join me in voting NO on the passage of this legislation."

Rep. Richardville moved that House Bill No. 4610 be placed on its immediate passage.

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

House Bill No. 4610, 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. 173 Yeas--61

Accavitti Ehardt Julian Richardville

Adamini Elkins Kolb Sheltrown

Amos Emmons LaJoy Shulman

Anderson Farhat Law Smith

Bieda Farrah Meisner Spade

Bisbee Gaffney Meyer Stakoe

Brown Gieleghem Minore Tabor

Byrum Gillard Nitz Tobocman

Casperson Gleason O'Neil Walker

Caswell Hardman Paletko Ward

Cheeks Hood Palmer Wenke

Clack Hummel Pastor Whitmer

Condino Hune Phillips Williams

Daniels Jamnick Plakas Woodward

Dennis Johnson, Rick Pumford Zelenko

DeRossett

Nays--42

Acciavatti Howell Newell Sheen

Bradstreet Huizenga Nofs Stahl

Brandenburg Hunter Palsrok Steil

Caul Johnson, Ruth Pappageorge Stewart

DeRoche Koetje Reeves Taub

Drolet Kooiman Robertson Van Regenmorter

Garfield LaSata Rocca Vander Veen

Hager Middaugh Sak Voorhees

Hart Milosch Shackleton Waters

Hoogendyk Moolenaar Shaffer Woronchak

Hopgood Murphy

In The Chair: Julian

The question being on agreeing to the title of the bill,

Rep. Richardville moved to amend the title to read as follows:

A bill to amend 1972 PA 239, entitled "McCauley-Traxler-Law-Bowman-McNeely lottery act," by amending the title and sections 3, 11, 12, 23, and 32 (MCL 432.3, 432.11, 432.12, 432.23, and 432.32), the title as amended by 1996 PA 95, sections 3, 11, and 23 as amended by 1996 PA 167, section 12 as amended by 2002 PA 471, and section 32 as amended by 1996 PA 13, and by adding a heading for article 1 and adding article 2.

The motion prevailed.

The House agreed to the title as amended.

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

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

Rep. Richardville moved that House Bill No. 4612 be placed on its immediate passage.

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

House Bill No. 4612, entitled

A bill to amend the Initiated Law of 1996, entitled "Michigan gaming control and revenue act," by amending section 9b (MCL 432.209b), as added by 1997 PA 69.

The bill was read a third time.

The question being on the passage of the bill,

Rep. Richardville moved that consideration of the bill be postponed for the day.

The motion prevailed.

______

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

The motion prevailed.

By unanimous consent the House returned to the order of

Motions and Resolutions

Reps. Bieda, Nofs, Gleason, Richardville, Byrum, Spade, Elkins, Lipsey, Sheltrown, Gieleghem, Accavitti, Wojno, Woodward, Acciavatti, Adamini, Anderson, Brown, Caswell, Condino, DeRossett, Drolet, Farrah, Garfield, Gillard, Howell, Jamnick, Minore, Murphy, Paletko, Pappageorge, Plakas, Sak, Stakoe, Tobocman, Vagnozzi, Zelenko and Ehardt offered the following resolution:

House Resolution No. 67.

A resolution to memorialize the Congress of the United States to enact H.R. 369, a bill to waive time limitations for the consideration of the Congressional Medal of Honor in a certain case.

Whereas, Congress has before it a bill, H.R. 369, that would waive time limitations specified in federal law to allow the Medal of Honor to be awarded posthumously to Sergeant Gary Lee McKiddy for acts of valor in the Vietnam War. This legislation was originated in response to circumstances surrounding the events of May 6, 1970, when a helicopter and crew came under intense fire and were shot down; and

Whereas, The helicopter's crew chief, Sergeant Gary Lee McKiddy, who compiled a remarkable record in Vietnam, gallantly rescued one crew member before Sergeant McKiddy was killed by an explosion that occurred as he returned again to the flames and wreckage to try to rescue the pilot. For a variety of reasons, including the fact that application procedures were not initiated prior to the statutory date of October 1975, Sergeant McKiddy's bravery was not recognized with the nation's highest honor. Congress considered similar legislation to address this in the 107^th Congress but adjourned before taking action; and

Whereas, Congress has the opportunity to rectify the oversight of the past three decades to accord appropriate honor to a true national hero and defender of our ideals. This legislation is long overdue; now, therefore, be it

Resolved by the House of Representatives, That we memorialize the Congress of the United States to enact H.R. 369 to waive time limitations for the consideration of the Congressional Medal of Honor for Sergeant Gary Lee McKiddy; 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 Veterans Affairs and Homeland Security.

Reps. Robertson, Accavitti, Acciavatti, Adamini, Amos, Anderson, Bieda, Brandenburg, Brown, Caswell, Clack, Condino, DeRossett, Drolet, Elkins, Farhat, Farrah, Garfield, Gieleghem, Gillard, Hager, Huizenga, Jamnick, Koetje, LaJoy, LaSata, Meyer, Minore, Murphy, Nitz, Paletko, Pappageorge, Plakas, Richardville, Sak, Shackleton, Sheltrown, Shulman, Spade, Stakoe, Stewart, Tabor, Tobocman, Vagnozzi, Voorhees, Woronchak, Zelenko and Ehardt offered the following resolution:

House Resolution No. 68.

A resolution commemorating the Buick Motor Company on its 100^th anniversary of doing business in Michigan.

Whereas, The Buick Motor Company was founded by David Dunbar Buick and incorporated in 1903; and

Whereas, The company has a rich and storied history in Michigan, moving in 1903 from its original location in Detroit to its longtime location in Flint; and

Whereas, Buick Motor Company emerged as a leader in U. S. automotive production in 1908 with 8,820 vehicles; and

Whereas, Buick Motor Company contributed to the efforts of World War I by building Liberty aircraft engines, mortal shells, ambulances and experimental tanks; and

Whereas, By the end of the 1920s, Buick Motor Company was General Motors' premium division and most popular seller; and

Whereas, Harley Earl was named head of General Motors' Art and Color Department, the first department of its kind in the industry and introduces the concept of clay modeling to automobile design, a technique still used today; and

Whereas, Harvey Earl's "Y Job" is recognized as the industry's first concept car; and

Whereas, As a result of the concept car, the idea of a "dream car" emerged within the industry as an essential sales and marketing device still used to this day; and

Whereas, Buick's standard turn signals were an industry first; and

Whereas, The post-war years spawned a classic era of Buick styling and technical innovation including: hard-top convertible styling, the dynaflow automatic transmission, and the vertical bar grille; and

Whereas, In 1948 Harvey Earl introduced the tail-fin to America; and

Whereas, In the 1950s, with their "aircraft styling," Buick Motor Company's LeSabre concept car set the design trend for America's "classic 50's" era automobiles; and

Whereas, In 1953, Harvey Earl's Motorama, the world's first auto show, debuts in New York City; and

Whereas, In 1958, Buick began a long-time commitment to golf by sponsoring the Buick Open in Grand Blanc; and

Whereas, In 1963, the Buick Special is introduced featuring the first U.S. mass-produced V-6 engine; and

Whereas, In 1974, Buick Motor Company introduces the fuel-efficient V-6, which became the premier engine in Buick's naturally aspirated, turbocharged, and supercharged versions; and

Whereas, By the year 2000, more than 35 million Buicks had been built since 1903; and

Whereas, The Buick Motor Company continues to be a leader in automotive sales as evidenced by its LeSabre model, the best-selling American full-size car for 11 years running; and

Whereas, In 2003, the Buick Motor Company celebrates its 100-year anniversary as one of America's premier automakers with a heritage that spans engineering milestones, the design and styling vision of Harvey Earl and the technological innovations of the 21^st century; and

Whereas, Buick has had a tremendous influence on the course of American automotive history and a commitment to providing jobs in Michigan for so many years; now, therefore be it

Resolved by the House of Representatives, That the Buick Motor Company is commemorated on its 100^thanniversary of doing business in Michigan.

Pending the reference of the resolution to a committee,

Rep. Richardville moved that Rule 77 be suspended and the resolution be considered at this time.

The motion prevailed, 3/5 of the members present voting therefor.

The question being on the adoption of the resolution,

The resolution was adopted.

Reports of Standing Committees

The Committee on Health Policy, by Rep. Ehardt, Chair, reported

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.

With the recommendation that the substitute (H-3) 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. Ehardt, Vander Veen, Rocca, Hart, Woronchak, Van Regenmorter, Robertson, Gaffney, Hune, Ward, Adamini, Wojno, O'Neil, Gillard and Clack

Nays: None

The Committee on Health Policy, by Rep. Ehardt, Chair, reported

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.

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. Ehardt, Vander Veen, Rocca, Hart, Woronchak, Van Regenmorter, Robertson, Gaffney, Hune, Ward, Adamini, Wojno, Hardman, O'Neil, Gillard and Clack

Nays: None

The Committee on Health Policy, by Rep. Ehardt, Chair, reported

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.

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. Ehardt, Vander Veen, Ruth Johnson, Rocca, Hart, Woronchak, Van Regenmorter, Robertson, Gaffney, Hune, Ward, Adamini, Wojno, Hardman, O'Neil, Gillard and Clack

Nays: None

The Committee on Health Policy, by Rep. Ehardt, Chair, reported

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).

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. Ehardt, Vander Veen, Ruth Johnson, Rocca, Hart, Woronchak, Van Regenmorter, Robertson, Gaffney, Hune, Ward, Adamini, Wojno, Hardman, O'Neil, Gillard and Clack

Nays: None

The Committee on Health Policy, by Rep. Ehardt, Chair, reported

House Bill No. 4553, entitled

A bill to amend 1956 PA 218, entitled "The insurance code of 1956," by amending section 3406q (MCL 500.3406q), as added by 2002 PA 538, and by adding chapter 37.

With the recommendation that the substitute (H-3) 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. Ehardt, Vander Veen, Ruth Johnson, Rocca, Hart, Woronchak, Van Regenmorter, Robertson, Gaffney, Hune and Ward

Nays: Reps. Adamini, Wojno, Hardman, O'Neil, Gillard and Clack

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Thursday, May 22, 2003, at 9:00 a.m.

Present: Reps. Ehardt, Vander Veen, Ruth Johnson, Rocca, Hart, Woronchak, Van Regenmorter, Robertson, Gaffney, Hune, Ward, Adamini, Wojno, Hardman, O'Neil, Gillard and Clack

The Committee on Government Operations, by Rep. Koetje, Chair, reported

House Resolution No. 60.

A resolution to extend subpoena power to the House Education Committee's Subcommittee on Intermediate School District Review.

(For text of resolution, see House Journal No. 40, p. 602.)

With the recommendation that the following substitute (H-3) be adopted and that the resolution then be adopted.

THIS RESOLUTION IS OFFERED TO COMPLY WITH MCL § 4.101 AND MCL § 4.541 AND REQUIRES A RECORD ROLL CALL VOTE UNDER THE PROVISIONS OF RULE 39 OF THE STANDING RULES OF THE HOUSE OF REPRESENTATIVES.

Substitute for House Resolution No. 60.

A resolution to extend subpoena power to the House Education Committee and to its Subcommittee on Intermediate School District Review for the purpose of administering oaths, taking sworn testimony, and examining files and records regarding the Oakland County Intermediate School District.

Whereas, Full access to accurate information is essential for sound decision making by any public or private body. Section 1 of 1931 PA 118, being MCL § 4.101, provides that

Committees and commissions of or appointed by the legislature may by resolution of the legislature be authorized to administer oaths, subpoena witnesses and/or to examine the books and records of any persons, partnerships or corporations involved in a matter properly before any of such committees or commissions. Any witness who neglects or refuses to obey a subpoena of any of such committees or commissions, or who refuses to be sworn or testify, or who fails on demand to produce any papers, books or documents touching any matter under investigation, or any witness or attorney who is guilty of any contempt while in attendance at any hearing before any of such committees or commissions, may be punished as for contempt of the legislature.

Section 1 of 1952 PA 46, being MCL § 4.541, provides, in part, that

. . . any standing or select committee of the senate or the house of representatives, and any joint select committee of the senate and house of representatives, shall be authorized to subpoena and have produced before any such committee, or inspect the records and files of any state department, board, institution or agency; and it shall be the duty of any state department, board, institution or agency to produce before the committee as required by the subpoena, or permit the members of any such committee to inspect its records and files.

Pursuant to Rule 39 of the Standing Rules of the House of Representatives, the authority for a committee to issue subpoenas shall be granted by resolution, with the vote for adoption by record roll call and a majority of members elected and serving required for adoption; and

Whereas, Under the provisions of MCL § 4.83, a person guilty of contempt of the legislature shall be guilty of a misdemeanor and may, upon conviction, be punished by imprisonment in the state prison for not more than 5 years or by imprisonment in the county jail for not more than one year, or by a fine of not more than $1,000, or by both the fine and imprisonment in a county jail; now, therefore, be it

Resolved by the House of Representatives, That, pursuant to MCL § 4.101 and MCL § 4.541 and Rule 39 of the Standing Rules of the House of Representatives, we hereby grant subpoena power to the House Education Committee and to its Subcommittee on Intermediate School District Review in the context of the committee's investigation of the Oakland County Intermediate School District. The Education Committee and its Subcommittee on Intermediate School District Review may administer oaths, take sworn testimony, and examine records and files relative to the operations of the Oakland County Intermediate School District and exercise all powers provided for in MCL §§ 4.101 and 4.541; and be it further

Resolved, That copies of this resolution be transmitted to the House Education Committee and to its Subcommittee on Intermediate School District Review.

The Speaker announced that under Rule 77 the resolution would lie over one day.

Favorable Roll Call

To Report Out:

Yeas: Reps. Koetje, Drolet and Howell

Nays: Rep. Tobocman

COMMITTEE ATTENDANCE REPORT

The following report, submitted by Rep. Koetje, Chair of the Committee on Government Operations, was received and read:

Meeting held on: Thursday, May 22, 2003, at 9:00 a.m.

Present: Reps. Koetje, Drolet, Howell and Tobocman

Absent: Rep. Lipsey

Excused: Rep. Lipsey

The Committee on Transportation, by Rep. DeRossett, Chair, reported

House Bill No. 4457, entitled

A bill to amend 1949 PA 300, entitled "Michigan vehicle code," by amending section 676 (MCL 257.676), as amended by 1980 PA 518.

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. DeRossett, Casperson, Hummel, DeRoche, Gaffney, Hune, Huizenga, LaJoy, Robertson, Ward, Anderson, Jamnick, Gleason, Tobocman, Murphy and Elkins

Nays: None

The Committee on Transportation, by Rep. DeRossett, Chair, reported

House Concurrent Resolution No. 14.

A concurrent resolution to memorialize the Congress of the United States to include funding for capital costs for the Mackinac Bridge in legislation reauthorizing transportation spending through the Transportation Equity Act.

(For text of concurrent resolution, see House Journal No. 35, p. 479.)

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, Huizenga, LaJoy, Robertson, Anderson, Jamnick, Gleason, 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, May 22, 2003, at 9:00 a.m.

Present: Reps. DeRossett, Casperson, Hummel, DeRoche, Gaffney, Hune, Huizenga, LaJoy, Robertson, Ward, Anderson, Jamnick, Gleason, Tobocman, Murphy and Elkins

Absent: Rep. Adamini

Excused: Rep. Adamini

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, May 21, 2003, at 2:35 p.m.

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

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, May 22, 2003, at 9:00 a.m.

Present: Reps. Voorhees, Hart, Hood and Smith

Absent: Reps. LaSata, Stakoe and Dennis

Excused: Reps. LaSata, Stakoe and Dennis

Messages from the Senate

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.

The Senate has appointed Senators Sikkema, Johnson and Prusi as conferees to join with Representatives Shulman, Emmons and Whitmer.

The bill was referred to the Conference Committee.

Announcement by the Clerk of Printing and Enrollment

The Clerk announced that the following bills and joint resolution had been printed and placed upon the files of the members on Thursday, May 22:

House Bill Nos. 4713 4714 4715 4716 4717 4718

House Joint Resolution G

The Clerk announced the enrollment printing and presentation to the Governor on Thursday, May 22, for her approval of the following bills:

Enrolled House Bill No. 4115 at 2:21 p.m.

Enrolled House Bill No. 4432 at 2:23 p.m.

Introduction of Bills

Reps. Casperson, Nitz, Farhat, Shaffer, Hummel, Ward, LaJoy, Emmons, Caswell, Huizenga, DeRoche, Garfield, Shackleton, Stakoe, Kooiman, Moolenaar, Vander Veen and Hager introduced

House Bill No. 4719, entitled

A bill to amend 1979 PA 94, entitled "The state school aid act of 1979," by amending section 6 (MCL 388.1606), as amended by 2002 PA 521.

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

Reps. LaJoy, Stewart, Farhat, Amos, Nofs, Caswell, Milosch, Garfield, Hummel, Pappageorge, Acciavatti, Emmons, Casperson, Shaffer, Stakoe, Ward, Moolenaar, Kooiman and Drolet introduced

House Bill No. 4720, entitled

A bill to amend 1984 PA 431, entitled "The management and budget act," by amending section 261 (MCL 18.1261), as amended by 1993 PA 46.

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

Reps. Caswell, LaJoy, Moolenaar, Farhat and Brandenburg introduced

House Bill No. 4721, entitled

A bill to amend 1976 PA 451, entitled "The revised school code," by amending sections 1229 and 1277 (MCL 380.1229 and 380.1277), section 1229 as added by 1995 PA 289 and section 1277 as amended by 1997 PA 179, and by adding section 1238.

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

Reps. Moolenaar, Farhat, Hoogendyk, Nofs, LaJoy, Ward and Kooiman introduced

House Bill No. 4722, entitled

A bill to amend 1976 PA 451, entitled "The revised school code," by amending sections 623a and 1274 (MCL 380.623a and 380.1274), section 623a as amended by 1990 PA 159 and section 1274 as amended by 1994 PA 416.

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

Rep. Meyer introduced

House Bill No. 4723, entitled

A bill to amend 1967 PA 281, entitled "Income tax act of 1967," by amending section 30d (MCL 206.30d), as amended by 2000 PA 42.

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

Reps. Emmons, Palmer, Acciavatti, LaJoy, Farhat, Taub, Voorhees, Hummel, Brandenburg, Nitz, Caswell, DeRossett, Pastor, Hoogendyk, Moolenaar, Stahl, Stakoe and Kooiman introduced

House Bill No. 4724, entitled

A bill to amend 1979 PA 94, entitled "The state school aid act of 1979," (MCL 388.1601 to 388.1772) by adding section 9.

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

Reps. Koetje, Brandenburg, Steil and Kooiman introduced

House Bill No. 4725, entitled

A bill to amend 1961 PA 236, entitled "Revised judicature act of 1961," (MCL 600.101 to 600.9948) by adding section 2974.

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

Reps. McConico, Phillips, Hunter, Gaffney, Rivet, Anderson, Sak, Farrah and Elkins introduced

House Bill No. 4726, entitled

A bill to amend 1931 PA 328, entitled "The Michigan penal code," by amending section 170 (MCL 750.170).

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

Rep. Whitmer introduced

House Bill No. 4727, entitled

A bill to amend 1961 PA 108, entitled "An act to provide for loans by the state of Michigan to school districts for the payment of principal and interest upon school bonds; to prescribe the terms and conditions of the loans and the conditions upon which levies for bond principal and interest shall be included in computing the amount to be so loaned by the state; to prescribe the powers and duties of the superintendent of public instruction and the state treasurer in relation to such loans; to provide for the repayment of such loans; to provide incentives for repayment of such loans; to provide for other matters in respect to such loans; and to make an appropriation," (MCL 388.951 to 388.963) by adding section 9c.

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

Rep. Whitmer introduced

House Bill No. 4728, entitled

A bill to amend 1985 PA 227, entitled "Shared credit rating act," by amending section 8 (MCL 141.1058), as amended by 2000 PA 416.

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

Rep. Gleason introduced

House Bill No. 4729, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending sections 8313, 8314, 8327, 8329, and 8333 (MCL 324.8313, 324.8314, 324.8327, 324.8329, and 324.8333), as amended by 2002 PA 418.

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

Reps. Stakoe, Amos, Stahl, Nofs, Newell, Gaffney, Ward, Garfield, Nitz, Hune, Accavitti, Rocca, Walker, Pastor, Hoogendyk, LaJoy, Brandenburg, Shaffer, Moolenaar, Koetje, Emmons, Farhat and Hummel introduced

House Bill No. 4730, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending section 30113 (MCL 324.30113), as amended by 1995 PA 171, and by adding part 33 and section 8316a; and to repeal acts and parts of acts.

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

Rep. Shulman introduced

House Bill No. 4731, entitled

A bill to amend 1991 PA 179, entitled "Michigan telecommunications act," by amending section 304 (MCL 484.2304), as amended by 2000 PA 295.

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

Rep. Howell introduced

House Bill No. 4732, entitled

A bill to amend 1927 PA 175, entitled "The code of criminal procedure," (MCL 760.1 to 777.69) by adding section 1j to chapter IX.