hj05221t.043

No. 43

STATE OF MICHIGAN

JOURNAL

OF THE

House of Representatives

91st Legislature

REGULAR SESSION OF 2001

House Chamber, Lansing, Tuesday, May 22, 2001.

2:00 p.m.

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

The roll was called by the Clerk of the House of Representatives, who announced that a quorum was present.

Adamini--present

Allen--present

Anderson--present

Basham--present

Bernero--present

Birkholz--present

Bisbee--present

Bishop--present

Bogardus--present

Bovin--present

Bradstreet--present

Brown, Bob--present

Brown, Cameron--present

Brown, Rich--present

Callahan--present

Cassis--present

Caul--present

Clark--present

Clarke--present

Daniels--present

Dennis--present

DeRossett--present

DeVuyst--present

DeWeese--present

Drolet--present

Ehardt--present

Faunce--present

Frank--present

Garza--present

George--present

Gieleghem--present

Gilbert--present

Godchaux--present

Gosselin--present

Hager--present

Hale--present

Hansen--present

Hardman--present

Hart--present

Howell--present

Jacobs--present

Jamnick--present

Jansen--present

Jelinek--present

Johnson, Rick--present

Johnson, Ruth--present

Julian--present

Kilpatrick--present

Koetje--present

Kolb--present

Kooiman--present

Kowall--present

Kuipers--present

LaSata--present

Lemmons--present

Lipsey--present

Lockwood--excused

Mans--excused

McConico--present

Mead--present

Meyer--present

Middaugh--present

Minore--present

Mortimer--present

Murphy--present

Neumann--present

Newell--present

O'Neil--present

Pappageorge--present

Patterson--present

Pestka--present

Phillips--present

Plakas--present

Pumford--present

Quarles--present

Raczkowski--present

Reeves--present

Richardville--present

Richner--present

Rison--e/d/s

Rivet--present

Rocca--present

Sanborn--present

Schauer--present

Schermesser--present

Scranton--present

Shackleton--present

Sheltrown--present

Shulman--present

Spade--present

Stallworth--present

Stamas--present

Stewart--present

Switalski--present

Tabor--present

Thomas--present

Toy--present

Vander Roest--present

Vander Veen--present

Van Woerkom--present

Vear--present

Voorhees--present

Waters--present

Whitmer--present

Williams--present

Wojno--present

Woodward--present

Woronchak--present

Zelenko--present

e/d/s = entered during session

Rev. Jerry DeRuiter, Pastor of Kentwood Community Church in Kentwood, offered the following invocation:

"God, we give You all the honor and glory due the Creator of the universe. God, You have told us that Your house is to be a house of prayer. We pray that this House will also be a house of prayer. God, we seek Your wisdom and discernment as issues of public policy are discussed and debated. We would put You in the center, God, of these discussions as we seek Your will for all that we do. God, I would ask that You would shine Your blessings on these Your servants. I would also ask Your blessings for their families who share in the burdens of public service. May You help us fully recognize the responsibilities of being servant leaders as we serve You and the citizens of Michigan. God, we would seek to clothe ourselves with compassion, kindness, humility, gentleness and patience. We seek to forgive each other as God, You have forgiven us, and most of all we seek to demonstrate Your love. God, we trust You, our times are in Your hands. We thank You for being our God and may our prayers be a sweet fragrance to You. Thank You for hearing our prayers. In the name of Your son we pray. Amen."

______

Rep. Jacobs moved that Reps. Lockwood and Mans be excused from today's session.

The motion prevailed.

Rep. Vander Roest moved that Rep. Faunce be excused temporarily from today's session.

The motion prevailed.

Messages from the Senate

The Speaker laid before the House

House Bill No. 4099, entitled

A bill to amend 1939 PA 280, entitled "The social welfare act," (MCL 400.1 to 400.119b) by adding section 115q.

(The bill was received from the Senate on May 17, with substitute (S-1), full title inserted and immediate effect given by the Senate, consideration of which, under the rules, was postponed until today, see House Journal No. 42, p. 627.)

The question being on concurring in the substitute (S-1) made to the bill by the Senate,

The substitute (S-1) was concurred in, a majority of the members serving voting therefor, by yeas and nays, as follows:

Roll Call No. 168 Yeas--104

Adamini Frank Lemmons Schauer

Allen Garza Lipsey Schermesser

Anderson George McConico Scranton

Basham Gieleghem Mead Shackleton

Bernero Gilbert Meyer Sheltrown

Birkholz Godchaux Middaugh Shulman

Bisbee Gosselin Minore Spade

Bishop Hager Mortimer Stallworth

Bogardus Hale Murphy Stamas

Bovin Hansen Neumann Stewart

Bradstreet Hardman Newell Switalski

Brown, B. Hart O'Neil Tabor

Brown, C. Jacobs Pappageorge Thomas

Brown, R. Jamnick Patterson Toy

Callahan Jansen Pestka Van Woerkom

Cassis Jelinek Phillips Vander Roest

Caul Johnson, Rick Plakas Vander Veen

Clark, I. Johnson, Ruth Pumford Vear

Clarke, H. Julian Quarles Voorhees

Daniels Kilpatrick Raczkowski Waters

Dennis Koetje Reeves Whitmer

DeRossett Kolb Richardville Williams

DeVuyst Kooiman Richner Wojno

DeWeese Kowall Rivet Woodward

Drolet Kuipers Rocca Woronchak

Ehardt LaSata Sanborn Zelenko

Nays--0

In The Chair: Julian

The House agreed to the full title of the bill.

The bill was referred to the Clerk for enrollment printing and presentation to the Governor.

_____

Rep. Rison entered the House Chambers.

Third Reading of Bills

Pending the Third Reading of

Senate Bill No. 283, entitled

A bill to make, supplement, and adjust appropriations for capital outlay and certain state departments and agencies for the fiscal year ending September 30, 2001; to implement the appropriations within the budgetary process; to provide for the expenditure of appropriations; and to repeal acts and parts of acts.

Rep. Patterson moved to reconsider the vote by which the House placed the bill on the order of Third Reading of Bills.

The motion prevailed.

Second Reading of Bills

Senate Bill No. 283, entitled

Rep. Jacobs moved to reconsider the vote by which the amendment offered previously by Rep. Adamini was adopted.

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

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

Rep. Adamini withdrew the amendment.

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

The motion prevailed.

Rep. Patterson 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

Senate Bill No. 283, 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. 169 Yeas--55

Allen Gilbert LaSata Scranton

Birkholz Godchaux Mead Shackleton

Bisbee Hager Meyer Shulman

Bishop Hart Middaugh Stamas

Bradstreet Howell Mortimer Stewart

Brown, C. Jansen Newell Tabor

Cassis Jelinek Pappageorge Toy

Caul Johnson, Rick Patterson Van Woerkom

DeRossett Johnson, Ruth Pumford Vander Roest

DeVuyst Julian Raczkowski Vander Veen

DeWeese Koetje Richardville Vear

Ehardt Kooiman Richner Voorhees

Faunce Kowall Rocca Woronchak

George Kuipers Sanborn

Nays--52

Adamini Drolet Lipsey Schauer

Anderson Frank McConico Schermesser

Basham Garza Minore Sheltrown

Bernero Gieleghem Murphy Spade

Bogardus Gosselin Neumann Stallworth

Bovin Hale O'Neil Switalski

Brown, B. Hansen Pestka Thomas

Brown, R. Hardman Phillips Waters

Callahan Jacobs Plakas Whitmer

Clark, I. Jamnick Quarles Williams

Clarke, H. Kilpatrick Reeves Wojno

Daniels Kolb Rison Woodward

Dennis Lemmons Rivet Zelenko

In The Chair: Julian

The House agreed to the title of the bill.

______

Reps. Lemmons, Jacobs, Spade, Zelenko, Murphy, Whitmer, Callahan, Thomas, Hardman, Waters, Williams, Frank, Daniels, Jamnick, Woodward, Bogardus, Anderson, Plakas, Garza, Clark, Rich Brown, McConico, Adamini, Wojno, Basham, Clarke, Hansen, Neumann, Minore and Rison, having reserved the right to explain their protest against the passage of the bill, made the following statement:

"Mr. Speaker and members of the House:

I voted no on Senate Bill 283 because I believe the cuts made in this budget will diminish the quality of life of the hard working people of Michigan. There is $14 million in unspent technology funds in our current budget that could be used to spare some vital programs in health care, day care, veterans' services, hospice, and workplace safety. Rather than invest them in programs that help improve the quality of life for the residents of Michigan, the majority has voted to let them linger. In these tight economic times, we should be making the most of every general fund dollar--we cannot afford to let this opportunity pass.

hospice, drinking water protection and worker safety are the wrong cuts to make. The state has spent millions of taxpayer dollars for several years on major technology projects that have never been audited for effective spending. Many of these projects have poor performance records and should be examined further for wasteful spending and mismanagement. Until we take these types of steps to find other areas to trim from the budget that do not negatively affect the people of Michigan and their quality of life, I will not support the cuts made in this supplemental budget bill."

Rep. Phillips, 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 understand the fiscal reality of the State of Michigan today. That is why I supported an alternative proposal that would have made the appropriate budget cuts. However, the cuts this supplemental makes in children's health care, hospice, drinking water protection and worker safety are the wrong cuts to make. The state has spent millions of taxpayer dollars for several years on major technology projects that have never been audited for effective spending. Many of these projects have poor performance records and should be examined further for wasteful spending and mismanagement. Until we take these types of steps to find other areas to trim from the budget that do not negatively affect the people of Michigan and their quality of life, I will not support the cuts made in this supplemental budget bill.

(1) Spending 180 million on the Hall of Justice

(2) 7 million to restore"

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

"Mr. Speaker and members of the House:

I voted no on Senate Bill 283 because I believe the cuts made in this budget will diminish the enhancement of life of the hard working men and women of Michigan. One cut in particular the 3 million dollars that Wayne State University (Detroit Medical Center) is needed to continue their prenatal care program. This is a much needed available program that would save the lives of our young infants in the Southeastern Michigan area."

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

"Mr. Speaker and members of the House:

When times are tough and money is tight, you have to prioritize your needs. This is the situation that our Great State finds itself in. The question before us, is what programs should be funded, and what programs should be cut. Our answer should reflect our policy prioritizes. I believe that we need to fund those programs that will positively impact those people in our state who really need our support, like our children, our seniors, and our veterans. I believe that we need to fund those programs that are a priority to us, like public education, health care, day care, senior citizen programs and veteran housing programs.

The cuts we make should not be in the very programs that help our children, including public education and day care programs. The cuts should not be in programs that provide access to mental health programs. The cuts should not in programs that provide housing for our veterans. The cuts should not be in health care programs for our senior citizens, our children and migrant workers and their families.

We have an opportunity to cut e-Michigan by $14,000,000, funds that are not planned to be spent during this budget year. Of these excess funds, approximately $7,000,000 could be used to hold harmless those priorities that protect the quality of life for our residents. Important programs like important public education programs, day care programs, access to mental health care, worker safety programs, veterans housing, health care programs for children, migrant workers and their families, and our senior citizens, and environmental monitoring programs. The remaining balance of this money would be used to eliminate the current deficit in the budget and create a surplus, pulling the state's budget out of the red and into the black.

I cannot support this bill because it cuts the very programs that help to protect the quality of life of our residents, especially when there are programs where cuts could be made, i.e. e-Michigan, that have funding that is not going to be utilized. This bill does not meet the needs of the citizens of our state and I cannot vote for it."

Rep. Lipsey, 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:

At no time is it more important to be a legislator than when we are forced to make budgetary cuts. No one disputes the need to economize given the revenue shortages. However, when I am called upon to vote for new programs at the expense of human service programs (affecting schools, day care, seniors, and veterans) I submit that we as a legislature have abandoned those people we have been elected to serve. How can we say that, in times of tight money, it is more important to fund e-Michigan to the detriment of veterans' homes?

I have heard my opposition state for years that when we don't have money we should fund the basics before looking at the frills. What could be more basic than spending our money on health care (even if we don't have enough to fully fund the programs)? WE NEED TO PROTECT OUR CITIZENS FIRST!!!"

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

"Mr. Speaker and members of the House:

I voted no on Senate Bill 283 because I believe the cuts made in this budget will diminish the quality of life of the hard working people of Michigan. Cutting the fat out of budgets means that we should be looking at 'pet' projects and wasteful spending. We should not be targeting vital programs that invest in health care, veterans' services, hospice, safe drinking water and work place safety. I supported an alternative budget that invests in people. We should be looking at programs that have poor performance records and mismanagement that causes wasteful spending. Until we take the steps to truly look at the State's budget in its entirety and not in this piece meal fashion, the priorities of the people of Michigan will not be met. Therefore, I voted no!"

Rep. Gosselin, 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 vote 'no' on this budget because it contains practically no real spending cuts at a time when the state is facing a $390 million deficit in the current year. Billed as a $342 million 'cut,' the only real savings are $24.4 million from departmental budgets. Even this is less than it seems - apparently the money will be 'saved' by not hiring additional employees.

The rest of the 'savings' are transfers from expense items to debt, and money that would not have been spent anyway, because of insufficient demand for certain programs. An example is $30 million previously budgeted for day care programs, for which there is insufficient demand. Every child who wants to take advantage of the program will be accommodated, yet there is still money left over.

But that won't prevent the opposition from seeking to make political hay out of this phony 'cut' anyway. They are already braying about how mean-spirited we are for not spending the money. In other words, we should spend more when the people demand more government, and we should spend more when they don't.

They are wrong: We're spending too much now, and we've spent too much in the past. Putting off real cuts until next year's budget, which has an even larger projected revenue shortfall, just makes the job that much tougher. Now is the time for real cuts."

Rep. Schauer, 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:

On behalf of Michigan's children, families, and seniors, I voted no on Senate Bill 283, the fiscal year 2001 supplemental budget bill, in spite of the fact it contained an appropriation for a capital project in my district. I voted no because I believe the cuts made in this budget will diminish the quality of life for Michigan's working families. I voted no because it represented the wrong set of priorities for our state.

I feel that an important opportunity was missed to spare cuts to important programs for dental care, primary health care, hospice services, children's special health care, veteran's long-term care, work place safety, and safe drinking water. SB 283 as approved only contains $1.7 million in real General Fund cuts. There is $14 million in unspent technology funds in our current budget that could be use to support these critical priorities and provide additional budget savings. The alternative version of SB 283 that I supported would have not only supported these critical programs, but would have saved the state another $8 million.

I understand the fiscal reality of the state's budget today. That's why I supported an alternative proposal that would have made appropriate budget cuts. The cuts this supplemental makes in children's health care, hospice, drinking water protection, and worker safety--along with another missed opportunity to invest Tobacco Settlement funds in youth tobacco prevention--are wrong cuts to make. The state has spent millions of taxpayer dollars for several years on major technology projects that have never been audited for effective spending. Many of these projects have poor performance records and should be examined further for wasteful spending and mismanagement. Until we take these types of steps to find other areas to trim from the budget that do not negatively affect the people of Michigan, their quality of life, and their future, I will not support the cuts made in this supplemental budget bill. At a time of declining revenues and budget tightening, having a clear set of priorities is more important than ever. On passing SB 283, the House has missed an opportunity to stand up for the right priorities--health care, safe working conditions, veteran's care, and safe drinking water for our children, our families and our seniors."

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

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

Rep. Jacobs moved to reconsider the vote by which the House gave the bill immediate effect.

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

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

The question being on the motion made by Rep. Patterson,

Rep. Jacobs demanded the yeas and nays.

The demand was supported.

The question being on the motion made by Rep. Patterson,

The motion did not prevail, 2/3 of the members serving not voting therefor, by yeas and nays, as follows:

Roll Call No. 170 Yeas--56

Allen George Kowall Sanborn

Birkholz Gilbert Kuipers Scranton

Bisbee Godchaux LaSata Shackleton

Bishop Gosselin Mead Shulman

Bradstreet Hager Meyer Stamas

Brown, C. Hart Middaugh Stewart

Cassis Howell Mortimer Tabor

Caul Jansen Newell Toy

DeRossett Jelinek Pappageorge Van Woerkom

DeVuyst Johnson, Rick Patterson Vander Roest

DeWeese Johnson, Ruth Pumford Vander Veen

Drolet Julian Richardville Vear

Ehardt Koetje Richner Voorhees

Faunce Kooiman Rocca Woronchak

Nays--50

Adamini Frank Minore Schermesser

Anderson Garza Murphy Sheltrown

Basham Gieleghem Neumann Spade

Bernero Hale O'Neil Stallworth

Bogardus Hansen Pestka Switalski

Bovin Hardman Phillips Thomas

Brown, B. Jacobs Plakas Waters

Brown, R. Jamnick Quarles Whitmer

Callahan Kilpatrick Reeves Williams

Clark, I. Kolb Rison Wojno

Clarke, H. Lemmons Rivet Woodward

Daniels Lipsey Schauer Zelenko

Dennis McConico

In The Chair: Julian

Senate Bill No. 72, entitled

A bill to amend 1931 PA 328, entitled "The Michigan penal code," (MCL 750.1 to 750.568) by adding section 81c.

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

Roll Call No. 171 Yeas--105

Adamini Garza Lemmons Sanborn

Allen George Lipsey Schauer

Anderson Gieleghem McConico Schermesser

Basham Gilbert Mead Scranton

Bernero Godchaux Meyer Shackleton

Birkholz Gosselin Middaugh Sheltrown

Bisbee Hager Minore Shulman

Bishop Hale Mortimer Spade

Bovin Hansen Murphy Stallworth

Bradstreet Hardman Neumann Stamas

Brown, B. Hart Newell Stewart

Brown, C. Howell O'Neil Switalski

Brown, R. Jacobs Pappageorge Tabor

Callahan Jamnick Patterson Thomas

Cassis Jansen Pestka Toy

Caul Jelinek Phillips Van Woerkom

Clark, I. Johnson, Rick Plakas Vander Roest

Clarke, H. Johnson, Ruth Pumford Vander Veen

Daniels Julian Quarles Vear

Dennis Kilpatrick Raczkowski Voorhees

DeRossett Koetje Reeves Whitmer

DeVuyst Kolb Richardville Williams

DeWeese Kooiman Richner Wojno

Drolet Kowall Rison Woodward

Ehardt Kuipers Rivet Woronchak

Faunce LaSata Rocca Zelenko

Frank

Nays--0

In The Chair: Julian

Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows:

"An act to revise, consolidate, codify and add to the statutes relating to crimes; to define crimes and prescribe the penalties therefor; to provide for restitution under certain circumstances; to provide for the competency of evidence at the trial of persons accused of crime; to provide immunity from prosecution for certain witnesses appearing at such trials; and to repeal certain acts and parts of acts inconsistent with or contravening any of the provisions of this act,".

The House agreed to the full title.

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

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

Senate Bill No. 73, entitled

A bill to amend 1931 PA 328, entitled "The Michigan penal code," (MCL 750.1 to 750.568) by adding section 217e.

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--103

Adamini Frank Lemmons Schermesser

Allen Garza Lipsey Scranton

Anderson George McConico Shackleton

Basham Gieleghem Mead Sheltrown

Bernero Gilbert Meyer Shulman

Birkholz Godchaux Middaugh Spade

Bisbee Gosselin Mortimer Stallworth

Bishop Hager Neumann Stamas

Bovin Hale Newell Stewart

Bradstreet Hansen O'Neil Switalski

Brown, B. Hardman Pappageorge Tabor

Brown, C. Hart Patterson Thomas

Brown, R. Howell Pestka Toy

Callahan Jacobs Phillips Van Woerkom

Cassis Jamnick Plakas Vander Roest

Caul Jansen Pumford Vander Veen

Clark, I. Jelinek Quarles Vear

Clarke, H. Johnson, Rick Raczkowski Voorhees

Daniels Johnson, Ruth Reeves Waters

Dennis Julian Richardville Whitmer

DeRossett Koetje Richner Williams

DeVuyst Kolb Rison Wojno

DeWeese Kooiman Rivet Woodward

Drolet Kowall Rocca Woronchak

Ehardt Kuipers Sanborn Zelenko

Faunce LaSata Schauer

Nays--0

In The Chair: Julian

Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows:

The House agreed to the full title.

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

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

Senate Bill No. 74, entitled

A bill to amend 1927 PA 175, entitled "The code of criminal procedure," by amending section 16d of chapter XVII (MCL 777.16d), as amended by 2000 PA 279.

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--106

Adamini Frank Lipsey Schauer

Allen George McConico Schermesser

Anderson Gieleghem Mead Scranton

Basham Gilbert Meyer Shackleton

Bernero Godchaux Middaugh Sheltrown

Birkholz Gosselin Minore Shulman

Bisbee Hager Mortimer Spade

Bishop Hale Murphy Stallworth

Bogardus Hansen Neumann Stamas

Bovin Hardman Newell Stewart

Bradstreet Hart O'Neil Switalski

Brown, B. Howell Pappageorge Tabor

Brown, C. Jacobs Patterson Thomas

Brown, R. Jamnick Pestka Toy

Callahan Jansen Phillips Van Woerkom

Cassis Jelinek Plakas Vander Roest

Caul Johnson, Rick Pumford Vander Veen

Clark, I. Johnson, Ruth Quarles Vear

Clarke, H. Julian Raczkowski Voorhees

Daniels Kilpatrick Reeves Waters

Dennis Koetje Richardville Whitmer

DeRossett Kolb Richner Williams

DeVuyst Kooiman Rison Wojno

DeWeese Kowall Rivet Woodward

Drolet Kuipers Rocca Woronchak

Ehardt LaSata Sanborn Zelenko

Faunce Lemmons

Nays--0

In The Chair: Julian

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

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

A bill to amend 1927 PA 175, entitled "An act to revise, consolidate, and codify the laws relating to criminal procedure and to define the jurisdiction, powers, and duties of courts, judges, and other officers of the court under the provisions of this act; to provide laws relative to the rights of persons accused of criminal offenses and ordinance violations; to provide for the arrest of persons charged with or suspected of criminal offenses and ordinance violations; to provide for bail of persons arrested for or accused of criminal offenses and ordinance violations; to provide for the examination of persons accused of criminal offenses; to regulate the procedure relative to grand juries, indictments, informations, and proceedings before trial; to provide for trials of persons complained of or indicted for criminal offenses and ordinance violations and to provide for the procedure in those trials; to provide for judgments and sentences of persons convicted of criminal offenses and ordinance violations; to establish a sentencing commission and to prescribe its powers and duties; to provide for procedure relating to new trials and appeals in criminal and ordinance violation cases; to provide a uniform system of probation throughout this state and the appointment of probation officers; to prescribe the powers, duties, and compensation of probation officers; to provide penalties for the violation of the duties of probation officers; to provide for procedure governing proceedings to prevent crime and proceedings for the discovery of crime; to provide for fees of officers, witnesses, and others in criminal and ordinance violation cases; to set forth miscellaneous provisions as to criminal procedure in certain cases; to provide penalties for the violation of certain provisions of this act; and to repeal all acts and parts of acts inconsistent with or contravening any of the provisions of this act," by amending section 16d of chapter XVII (MCL 777.16d), as amended by 2001 PA 2.

The motion prevailed.

The House agreed to the title as amended.

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

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

Senate Bill No. 75, entitled

A bill to amend 1927 PA 175, entitled "The code of criminal procedure," by amending section 16l of chapter XVII (MCL 777.16l), as amended by 2000 PA 279.

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

Roll Call No. 174 Yeas--105

Adamini Garza Lipsey Schauer

Allen George McConico Schermesser

Anderson Gieleghem Mead Scranton

Basham Gilbert Meyer Shackleton

Bernero Godchaux Middaugh Sheltrown

Birkholz Gosselin Minore Shulman

Bisbee Hager Mortimer Spade

Bishop Hale Murphy Stallworth

Bogardus Hansen Neumann Stamas

Bovin Hardman Newell Stewart

Bradstreet Hart O'Neil Switalski

Brown, B. Howell Pappageorge Tabor

Brown, C. Jacobs Patterson Thomas

Brown, R. Jamnick Pestka Toy

Callahan Jansen Phillips Van Woerkom

Cassis Jelinek Plakas Vander Roest

Caul Johnson, Rick Pumford Vander Veen

Clark, I. Johnson, Ruth Quarles Vear

Clarke, H. Julian Raczkowski Voorhees

Daniels Kilpatrick Reeves Waters

Dennis Koetje Richardville Whitmer

DeRossett Kolb Richner Williams

DeVuyst Kooiman Rison Wojno

DeWeese Kowall Rivet Woodward

Drolet Kuipers Rocca Woronchak

Ehardt LaSata Sanborn Zelenko

Faunce

Nays--0

In The Chair: Julian

Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows:

"An act to revise, consolidate, and codify the laws relating to criminal procedure and to define the jurisdiction, powers, and duties of courts, judges, and other officers of the court under the provisions of this act; to provide laws relative to the rights of persons accused of criminal offenses and ordinance violations; to provide for the arrest of persons charged with or suspected of criminal offenses and ordinance violations; to provide for bail of persons arrested for or accused of criminal offenses and ordinance violations; to provide for the examination of persons accused of criminal offenses; to regulate the procedure relative to grand juries, indictments, informations, and proceedings before trial; to provide for trials of persons complained of or indicted for criminal offenses and ordinance violations and to provide for the procedure in those trials; to provide for judgments and sentences of persons convicted of criminal offenses and ordinance violations; to establish a sentencing commission and to prescribe its powers and duties; to provide for procedure relating to new trials and appeals in criminal and ordinance violation cases; to provide a uniform system of probation throughout this state and the appointment of probation officers; to prescribe the powers, duties, and compensation of probation officers; to provide penalties for the violation of the duties of probation officers; to provide for procedure governing proceedings to prevent crime and proceedings for the discovery of crime; to provide for fees of officers, witnesses, and others in criminal and ordinance violation cases; to set forth miscellaneous provisions as to criminal procedure in certain cases; to provide penalties for the violation of certain provisions of this act; and to repeal all acts and parts of acts inconsistent with or contravening any of the provisions of this act,".

The House agreed to the full title.

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

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

House Bill No. 4734, entitled

A bill to amend 1982 PA 432, entitled "Motor bus transportation act," by amending section 31 (MCL 474.131), as amended by 1996 PA 420.

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

Roll Call No. 175 Yeas--105

Adamini Frank Lemmons Sanborn

Allen Garza Lipsey Schermesser

Anderson George McConico Scranton

Basham Gieleghem Mead Shackleton

Bernero Gilbert Meyer Sheltrown

Birkholz Godchaux Middaugh Shulman

Bisbee Hager Minore Spade

Bishop Hale Mortimer Stallworth

Bogardus Hansen Murphy Stamas

Bovin Hardman Neumann Stewart

Bradstreet Hart Newell Switalski

Brown, B. Howell O'Neil Tabor

Brown, C. Jacobs Pappageorge Thomas

Brown, R. Jamnick Patterson Toy

Callahan Jansen Pestka Van Woerkom

Cassis Jelinek Phillips Vander Roest

Caul Johnson, Rick Plakas Vander Veen

Clark, I. Johnson, Ruth Pumford Vear

Clarke, H. Julian Quarles Voorhees

Daniels Kilpatrick Raczkowski Waters

Dennis Koetje Reeves Whitmer

DeRossett Kolb Richardville Williams

DeVuyst Kooiman Richner Wojno

DeWeese Kowall Rison Woodward

Drolet Kuipers Rivet Woronchak

Ehardt LaSata Rocca Zelenko

Faunce

Nays--0

In The Chair: Julian

The House agreed to the title of the bill.

Rep. Patterson 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. 4200, entitled

A bill to amend 1998 PA 58, entitled "Michigan liquor control code of 1998," by amending section 703 (MCL 436.1703), as amended by 1999 PA 53.

Was read a second time, and the question being on the adoption of the proposed amendment previously recommended by the Committee on Criminal Justice (for amendment, see House Journal No. 40, p. 600),

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

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

1. Amend page 3, following line 16, by inserting:

"(4) THE COURT SHALL NOT IMPOSE A TERM OF IMPRISONMENT UNDER SUBSECTION (1) FOR A FIRST OFFENSE UNLESS IT DETERMINES ON THE RECORD THAT THE DEFENDANT HAS FAILED TO SUCCESSFULLY COMPLETE ANY TREATMENT, SCREENING, OR COMMUNITY SERVICE ORDERED BY THE COURT OR HAS FAILED TO PAY ANY FINE." and renumbering the remaining subsections.

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

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

The motion prevailed.

Rep. Patterson 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. Hart, Kooiman, Voorhees, Jansen, Koetje, Pestka, Hansen, Vander Roest, Lemmons, Hale, DeRossett, Ehardt, Gosselin, Faunce, Van Woerkom, DeVuyst, Dennis, Wojno, Neumann, Cassis, Kowall, Hager, Vander Veen, Kuipers, Toy, Spade, Shulman, Clarke, Birkholz, Mead, Stewart, Rich Brown, Raczkowski, Bradstreet, Newell, Sanborn, Jacobs, Switalski, Richner, Murphy and Pappageorge offered the following resolution:

House Resolution No. 125.

A resolution honoring George J. Woons.

Whereas, George J. Woons has tirelessly served public education in Michigan for nearly forty years to improve the instruction and well-being of our children; and

Whereas, George J. Woons has acted as a catalyst for consensus building in his thirty years as an education leader in Kent County and seventeen years as superintendent of the Kent Intermediate School District; and

Whereas, As a teacher, principal, assistant superintendent, and superintendent of Kent Intermediate School District, George J. Woons has positively influenced the education of many thousands of youth. George J. Woons has helped guide the careers of a multitude of professionals in education in Michigan and across the nation; and

Whereas, George J. Woons has committed thousands of hours to improving the community by serving on local boards and committees including Heart of West Michigan United Way, Kent County Family and Children's Coordinating Council, Kent County Private Industry Council, AIDS Foundation of Kent County, and West Michigan Interactive Science Center; and

Whereas, George J. Woons has long and faithfully served in leadership roles in state and national organizations including the American Association of Educational Service Agencies, Michigan Association of Intermediate School Administrators, Michigan Association of School Administrators, Michigan Association for Supervision and Curriculum Development, Michigan Congress of School Administrators, and North Central Regional Educational Laboratory; and

Whereas, George J. Woons is known throughout the state, county, and Kent Intermediate School District for his service, leadership, and relationship building; now, therefore, be it

Resolved by the House of Representatives, That the members of this legislative body honor George J. Woons' tremendous contribution to the families and children of this state. He deserves our deep appreciation for his untiring service and dedication to education and the community-at-large; and be it further

Resolved, That a copy of this resolution be transmitted to George J. Woons.

Pending the reference of the resolution to a committee,

Rep. Patterson 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.

Reps. Hart, Voorhees, Jansen, Ruth Johnson, Van Woerkom, Newell, Faunce, Tabor, Sheltrown, Birkholz, Vander Veen, Stewart, Caul, Stamas, Rivet, Schauer, Scranton, Kooiman, Middaugh, Gilbert, Ehardt, Toy, Pappageorge, Hager, Shackleton, Bernero, Bisbee, Richner, Bovin, Hansen, Vander Roest, Lemmons, Hale, DeRossett, Gosselin, Richardville, DeVuyst, Dennis, Kilpatrick, Wojno, Neumann, Waters, Cassis, Minore, Lipsey, Kowall, Koetje, Zelenko, Kuipers, Spade, Jelinek, Thomas, Clark, Shulman, Clarke, Mead, Rich Brown, Gieleghem, Anderson, Raczkowski, Callahan, Bradstreet, Sanborn, Jacobs, Bishop, Jamnick, Basham, Woodward, Switalski, Murphy and Kolb offered the following resolution:

House Resolution No. 126.

A resolution commemorating May 2001 as Foster Care Month in the state of Michigan.

Whereas, The family, serving as the primary source of love, identify, self-esteem, and support, is the very foundation of our communities and our state; and

Whereas, In Michigan there are nearly 9,000 children and youth being provided with a safe, secure, and stable home along with the compassion and nurture of a foster family; and

Whereas, Foster families, who open their homes and hearts to children whose families are in crisis, play a vital role helping children and families to heal and reconnect. They also play a vital role in launching children into successful adulthood; and

Whereas, Foster homes are licensed for fewer children today than they were prior to 1985, resulting in a greater need for more foster families; and

Whereas, There are numerous individuals and public and private organizations who work to increase public awareness of the needs of children, in and leaving foster care, as well as the enduring and valuable contribution of foster parents. The foster care system is only as good as those who choose to be part of it; now, therefore, be it

Resolved by the House of Representatives, That the members of this legislative body commemorate May 2001 as Foster Care Month in the state of Michigan. We urge all citizens to volunteer their talents and energies on behalf of children in foster care. To help all foster parents and child welfare public and private agency professional staff who work with them during this month and throughout the year.

Pending the reference of the resolution to a committee,

Rep. Patterson 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.

Reps. Clark, Hansen, Vander Roest, Lemmons, Hale, DeRossett, Ehardt, Gosselin, Faunce, Van Woerkom, DeVuyst, Dennis, Bernero, Kilpatrick, Wojno, Neumann, Sheltrown, Waters, Cassis, Minore, Lipsey, Kowall, Koetje, Zelenko, Hager, Vander Veen, Spade, Thomas, Schauer, Shulman, Clarke, Birkholz, Stewart, Rich Brown, Gieleghem, Raczkowski, Voorhees, Bradstreet, Jansen, Jacobs, Bishop, Reeves, Adamini, Jamnick, Quarles, Basham, Woodward, Plakas, Switalski, Hardman, Richner, Bovin, Murphy, Kolb and Pappageorge offered the following resolution:

House Resolution No. 127.

A resolution honoring Bill Moss, father and gifted member of the legendary gospel singing Moss Family.

Whereas, It is with deep appreciation that we recognize Bill Moss for the remarkable musical talents he has shared to glorify God and give people a message through his music; and

Whereas, Bill Moss heads a long line of musically talented relatives, including his wife, Evangelist Essie Moss, their eight children, all of whom have the gift of song; and his sister, the late Dr. Mattie Moss Clark, the mother of the world renowned Clark Sisters; and

Whereas, The highly inspirational Moss and Clark families all sang and created their own unique sound that distinguishes them from other gospel singers; and

Whereas, The Moss family has been singing for many years and even before the children, Bill and Essie Moss were household names. They have become known as a "dynasty" of gospel singers. Bill Moss wrote the songs, played the keyboard, and sang with the famous gospel group he organized, "The Celestials". When the Celestials were not able to attend a service, Bill and Essie would rock the house with, "Just the Two of Us", one of his prized pieces; and

Whereas, Bill Moss has taught so many people around the world about the power of the written word through songs and the beauty of the gospel through music. Bill Moss and the Celestials traveled throughout the United States and Europe and sang to thousands of their fans. He always reminded the people of the goodness of God through his songs; and

Whereas, The family, friends, and fans of Mr. Bill Moss now pause to pay tribute to this great husband, father, brother, mentor, and legend of the gospel world; now, therefore, be it

Resolved by the House of Representatives, That the members of this legislative body express our highest honor to Mr. Bill Moss, a Detroit legend in the gospel singing community; and be it further

Resolved, That copies of this resolution be transmitted to Mr. Moss and his family as evidence of our esteem and that of the people of our state.

Pending the reference of the resolution to a committee,

Rep. Patterson 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.

Reps. Koetje, Hansen, Vander Roest, Lemmons, Hale, DeRossett, Ehardt, Gosselin, Faunce, Van Woerkom, Richardville, DeVuyst, Kilpatrick, Wojno, Sheltrown, Waters, Kowall, Hager, Vander Veen, Kuipers, Toy, Middaugh, Jelinek, Shackleton, Shulman, Birkholz, Mead, Stewart, Raczkowski, Callahan, Scranton, Voorhees, Bradstreet, Sanborn, Jansen, Bisbee, Jacobs, Kooiman, Bishop, Jamnick, Switalski and Richner offered the following resolution:

House Resolution No. 128.

A resolution to memorialize the Congress of the United States to explore and implement long-term solutions to meet the growing demand for energy in an environmentally responsible manner.

Whereas, Considerable public attention is now focused on energy problems in our country. Rapidly rising gasoline prices this spring have followed a winter of higher natural gas prices and accounts of California's rolling electric blackouts. In dealing with the multifaceted issue of energy, it is essential that a long-term approach be taken to increase the supply of energy to ensure that we achieve lasting remedies without sacrificing our environment; and

Whereas, Many of the difficulties facing our nation with regard to energy can be traced to a lack of a long-term, comprehensive energy policy. We rely to a large degree on imported fuels. In the past 25 years, no new refineries have been built in our country. Efforts to meet environmental standards have resulted in an uneven network of regulations that oftentimes drive prices up for benefits that may not be commensurate with the costs. At the same time, our country has done little but increase its seemingly insatiable appetite for energy consumption; and

Whereas, The work awaiting our country includes building new power plants, increasing refining capacity, encouraging the development of alternate energy sources, modernizing our energy infrastructure, removing unproductive regulatory barriers, fostering conservation practices, and incorporating new technologies at all stages of energy production, distribution, and use. If we take a balanced approach, we can not only build a strong economy on a firm foundation of reliable energy, but also put in place policies and practices to protect our air and water; now, therefore, be it

Resolved by the House of Representatives, That we memorialize the Congress of the United States to explore and implement long-term solutions to meet the growing demand for energy in an environmentally responsible manner; 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 Energy and Technology.

Reps. DeWeese, Hansen, Vander Roest, Lemmons, Hale, DeRossett, Ehardt, Gosselin, Faunce, Van Woerkom, Richardville, DeVuyst, Bernero, Kilpatrick, Wojno, Neumann, Cassis, Kowall, Koetje, Zelenko, Hager, Vander Veen, Kuipers, Toy, Spade, Schauer, Shulman, Clarke, Birkholz, Mead, Stewart, Rich Brown, Raczkowski, Voorhees, Bradstreet, Sanborn, Jansen, Jacobs, Allen, Kooiman, Bishop, Reeves, Jamnick, Basham, Woodward, Switalski, Richner, Murphy and Pappageorge offered the following resolution:

House Resolution No. 129.

A resolution honoring Father Charles E. Irvin upon his retirement as editor in chief of Faith Magazine.

Whereas, It is with sincere appreciation for the manner in which Father Charles E. Irvin's outstanding leadership has enriched lives throughout the entire community that we join with the Diocese of Lansing in giving thanks upon the occasion of his retirement as Editor in Chief of Faith Magazine. The counsel, encouragement, and direction that he has shared in all aspects of his life has had a positive influence far beyond those who read Faith Magazine; and

Whereas, Father Charles E. Irvin has been meeting the spiritual needs of the good people who read Faith Magazine since its first printing in 1999. With a heartfelt concern for others that is immediately apparent to all who meet him, Father Charles E. Irvin has brought a new era to many individuals and families. While several events and milestones at Faith Magazine provide obvious evidence of the good work of Father Charles E. Irvin, less tangible, but no less important, are the gifts of deepened faith and serenity his work as editor in chief has made possible; and

Whereas, With the retirement of Father Charles E. Irvin, the family of readers of Faith Magazine is losing not only a spiritual mentor but also a friend. With all that they have shared over the years, however, there can be little doubt that his words and strength will long continue to be of the greatest value in the months and years to come; now, therefore, be it

Resolved by the House of Representatives, That the members of this legislative body join with the more than 80,000 readers of Faith Magazine in honoring Father Charles E. Irvin upon the occasion of his retirement as editor in chief of Faith Magazine. We join them in extending our thanks and gratitude for his many blessings and wish him well as he continues serving full-time as the pastor of St. Mary Parish in Manchester; and be it further

Resolved, That a copy of this resolution be transmitted to Father Charles E. Irvin as a token of our esteem.

Pending the reference of the resolution to a committee,

Rep. Patterson 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.

Reps. Mead, Hansen, Vander Roest, Lemmons, Hale, DeRossett, Ehardt, Gosselin, Faunce, Van Woerkom, Richardville, Dennis, Kilpatrick, Wojno, Neumann, Sheltrown, Waters, Cassis, Minore, Kowall, Koetje, Zelenko, Hager, Vander Veen, Kuipers, Toy, Spade, Jelinek, Thomas, Schauer, Shulman, Clarke, Birkholz, Stewart, Rich Brown, Anderson, Raczkowski, Callahan, Scranton, Voorhees, Bradstreet, Sanborn, Jansen, Jacobs, Allen, Kooiman, Bishop, Adamini, Jamnick, Basham, Woodward, Switalski, Richner, Bovin, Murphy and Pappageorge offered the following resolution:

House Resolution No. 130.

A resolution commemorating May 22, 2001, as Propane Awareness Day in Michigan.

Whereas, The mission of the Michigan Propane Gas Association is to promote the proper handling and use of propane, work for a favorable environment for propane distribution and marketing, and to increase its application by demonstrating propane's value as a clean energy source; and

Whereas, The Michigan Propane Gas Association is a trade and membership service organization that represents propane marketers throughout the state. Founded on April 3, 1947, the Association has grown in its influence, while maintaining its core principles of education and safety. The Association's primary purpose is to maintain high standards of practice within the industry and, in so doing, protecting and expanding the ability of its members to compete in the marketplace. The Association is dedicated to the betterment of the propane industry and to the customers it serves in Michigan. Since its inception, the Michigan Propane Gas Association has been supported by its many volunteers who dedicate their time for the betterment of the industry; and

Whereas, The Michigan Propane Gas Association established Propane Awareness Day to demonstrate the numerous uses of propane and its safe use. We salute the people of the Michigan Propane Gas Association for their efforts to expand our awareness and knowledge of the propane industry; now, therefore, be it

Resolved by the House of Representatives, That the members of this legislative body commemorate May 22, 2001, as Propane Awareness Day in Michigan; and be it further

Resolved, That a copy of this resolution be transmitted to the organizers of Propane Awareness Day as evidence of our esteem.

Pending the reference of the resolution to a committee,

Rep. Patterson 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.

Announcement by the Clerk of Printing and Enrollment

The Clerk announced that the following bills had been printed and placed upon the files of the members, Wednesday, May 16:

Senate Bill Nos. 471 472

The Clerk announced that the following bill had been printed and placed upon the files of the members, Friday, May 18:

House Bill No. 4796

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

House Bill Nos. 4781 4782 4783 4784 4785 4786 4787 4788 4789 4790 4791 4792 4793 4794 4795

By unanimous consent the House returned to the order of

Reports of Standing Committees

The Committee on Employment Relations, Training and Safety, by Rep. Gosselin, Chair, reported

House Bill No. 4775, entitled

A bill to amend 1978 PA 390, entitled "An act to regulate the time and manner of payment of wages and fringe benefits to employees; to prescribe rights and responsibilities of employers and employees, and the powers and duties of the department of labor; to require keeping of records; to provide for settlement of disputes regarding wages and fringe benefits; to prohibit certain practices by employers; to prescribe penalties and remedies; and to repeal certain acts and parts of acts," by amending section 11a (MCL 408.481a), as added by 1996 PA 215.

Without amendment and with the recommendation that the bill pass.

The bill was referred to the order of Second Reading of Bills.

Favorable Roll Call

HB 4775 To Report Out:

Yeas: Reps. Gosselin, Bisbee, Richner, Minore, Bernero, Dennis,

Nays: None.

COMMITTEE ATTENDANCE REPORT

The following report, submitted by Rep. Gosselin, Chair of the Committee on Employment Relations, Training and Safety, was received and read:

Meeting held on: Tuesday, May 22, 2001, at 9:00 a.m.,

Present: Reps. Gosselin, Bisbee, Richner, Minore, Bernero, Dennis,

Absent: Rep. Kuipers,

Excused: Rep. Kuipers.

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

House Bill No. 4562, entitled

A bill to amend 1978 PA 368, entitled "Public health code," (MCL 333.1101 to 333.25211) by adding section 9205a.

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.

Favorable Roll Call

HB 4562 To Report Out:

Yeas: Reps. Ehardt, Raczkowski, Bradstreet, George, Ruth Johnson, Rocca, Scranton, Vander Veen, Woronchak, Neumann, Adamini, Lemmons, Schauer, Williams.

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

Senate Bill No. 56, entitled

A bill to amend 1978 PA 368, entitled "Public health code," by amending section 2891 (MCL 333.2891), as amended by 1992 PA 78.

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.

Favorable Roll Call

SB 56 To Report Out:

Yeas: Reps. Ehardt, Raczkowski, George, Ruth Johnson, Scranton, Vander Veen, Woronchak, Adamini, Lemmons, Schauer, Williams,

Nays: Rep. Neumann.

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Tuesday, May 22, 2001, at 9:00 a.m.,

Present: Reps. Ehardt, Raczkowski, Bradstreet, George, Ruth Johnson, Rocca, Scranton, Vander Veen, Woronchak, Neumann, Adamini, Lemmons, Schauer, Williams,

Absent: Rep. Hardman,

Excused: Rep. Hardman.

The Committee on Commerce, by Rep. Allen, Chair, reported

House Bill No. 4698, entitled

A bill to amend 1996 PA 381, entitled "Brownfield redevelopment financing act," by amending section 15 (MCL 125.2665), as amended by 2000 PA 145.

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.

Favorable Roll Call

HB 4698 To Report Out:

Yeas: Reps. Allen, Bishop, Gilbert, Howell, Middaugh, Mortimer, Thomas, Kolb, Lemmons, Lipsey, Rivet, Waters, Zelenko,

Nays: None.

The Committee on Commerce, by Rep. Allen, Chair, reported

Senate Bill No. 206, entitled

A bill to amend 1972 PA 284, entitled "Business corporation act," by amending sections 105, 106, 122, 123, 131, 133, 141, 143, 151, 338, 342a, 344, 404, 405, 407, 413, 488, 489, 521, 525, 563, 564b, 703a, 753, 754, 901, and 1060 (MCL 450.1105, 450.1106, 450.1122, 450.1123, 450.1131, 450.1133, 450.1141, 450.1143, 450.1151, 450.1338, 450.1342a, 450.1344, 450.1404, 450.1405, 450.1407, 450.1413, 450.1488, 450.1489, 450.1521, 450.1525, 450.1563, 450.1564b, 450.1703a, 450.1753, 450.1754, 450.1901, and 450.2060), sections 106, 122, 133, 141, 405, 521, 525, and 563 as amended and sections 342a and 754 as added by 1989 PA 121, section 123 as amended by 1993 PA 357, sections 131, 338, 407, and 1060 as amended by 1993 PA 91, and sections 151, 344, 404, 489, 564b, 703a, and 753 as amended and section 488 as added by 1997 PA 118, and by adding section 406a.

With the recommendation that the following amendment be adopted and that the bill then pass.

1. Amend page 21, line 24, by striking out all of section 489.

The bill and amendment were referred to the order of Second Reading of Bills.

Favorable Roll Call

SB 206 To Report Out:

Yeas: Reps. Allen, Bishop, DeVuyst, Gilbert, Howell, Koetje, Middaugh, Mortimer, Van Woerkom, Vear, Thomas, Kolb, Lemmons, Lipsey, Rivet, Waters, Zelenko,

Nays: None.

The Committee on Commerce, by Rep. Allen, Chair, reported

Senate Bill No. 216, entitled

A bill to amend 1962 PA 192, entitled "Professional service corporation act," by amending section 13 (MCL 450.233), as amended by 1990 PA 166.

Without amendment and with the recommendation that the bill pass.

The bill was referred to the order of Second Reading of Bills.

Favorable Roll Call

SB 216 To Report Out:

Yeas: Reps. Allen, Bishop, DeVuyst, Gilbert, Howell, Koetje, Middaugh, Mortimer, Van Woerkom, Vear, Thomas, Kolb, Lemmons, Lipsey, Rivet, Waters, Zelenko,

Nays: None.

The Committee on Commerce, by Rep. Allen, Chair, reported

House Resolution No. 36.

A resolution to memorialize the President and the Congress of the United States and the United States Department of Commerce to take certain actions to increase efforts to halt the illegal dumping of foreign steel in this country.

(For text of resolution, see House Journal No. 10, p. 130.)

With the recommendation that the resolution be adopted.

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

Favorable Roll Call

HR 36 To Report Out:

Yeas: Reps. Allen, Bishop, Gilbert, Howell, Koetje, Middaugh, Mortimer, Van Woerkom, Vear, Thomas, Kolb, Lemmons, Lipsey, Rivet, Waters, Zelenko,

Nays: None.

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Tuesday, May 22, 2001, at 9:00 a.m.,

Present: Reps. Allen, Bishop, DeVuyst, Gilbert, Howell, Koetje, Middaugh, Mortimer, Van Woerkom, Vear, Thomas, Kolb, Lemmons, Lipsey, Rivet, Waters, Zelenko.

The Committee on Criminal Justice, by Rep. Faunce, Chair, reported

House Bill No. 4639, entitled

A bill to amend 1927 PA 175, entitled "The code of criminal procedure," by amending section 15 of chapter XVII (MCL 777.15), as amended by 2000 PA 279.

With the recommendation that the following amendment be adopted and that the bill then pass.

1. Amend page 4, following line 12, by inserting:

"Enacting section 1. This amendatory act takes effect October 1, 2001." and renumbering the remaining enacting section.

The bill and amendment were referred to the order of Second Reading of Bills.

Favorable Roll Call

HB 4639 To Report Out:

Yeas: Reps. Faunce, Kowall, George, Julian, Raczkowski, Sanborn, McConico, Callahan, O'Neil, Rison,

Nays: None.

The Committee on Criminal Justice, by Rep. Faunce, Chair, reported

House Bill No. 4673, entitled

A bill to amend 1953 PA 232, entitled "An act to revise, consolidate, and codify the laws relating to probationers and probation officers, to pardons, reprieves, commutations, and paroles, to the administration of correctional institutions, correctional farms, and probation recovery camps, to prisoner labor and correctional industries, and to the supervision and inspection of local jails and houses of correction; to provide for the siting of correctional facilities; to create a state department of corrections, and to prescribe its powers and duties; to provide for the transfer to and vesting in said department of powers and duties vested by law in certain other state boards, commissions, and officers, and to abolish certain boards, commissions, and offices the powers and duties of which are transferred by this act; to allow for the operation of certain facilities by private entities; to prescribe the powers and duties of certain other state departments and agencies; to provide for the creation of a local lockup advisory board; to prescribe penalties for the violation of the provisions of this act; to make certain appropriations; to repeal certain parts of this act on specific dates; and to repeal all acts and parts of acts inconsistent with the provisions of this act," by amending section 65 (MCL 791.265), as amended by 1998 PA 512.

Without amendment and with the recommendation that the bill pass.

The bill was referred to the order of Second Reading of Bills.

Favorable Roll Call

HB 4673 To Report Out:

Yeas: Reps. Faunce, Kowall, George, Julian, Raczkowski, Sanborn, McConico, Callahan, O'Neil, Rison,

Nays: None.

The Committee on Criminal Justice, by Rep. Faunce, Chair, reported

House Bill No. 4757, entitled

A bill to amend 1927 PA 175, entitled "The code of criminal procedure," by amending section 24 of chapter VII (MCL 767.24), as amended by 1987 PA 255.

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.

Favorable Roll Call

HB 4757 To Report Out:

Yeas: Reps. Faunce, Kowall, DeWeese, George, Julian, Raczkowski, Sanborn, McConico, Callahan, O'Neil, Rison,

Nays: None.

The Committee on Criminal Justice, by Rep. Faunce, Chair, reported

House Bill No. 4763, entitled

Without amendment and with the recommendation that the bill pass.

The bill was referred to the order of Second Reading of Bills.

Favorable Roll Call

HB 4763 To Report Out:

Yeas: Reps. Faunce, Kowall, George, Julian, Raczkowski, Sanborn, McConico, Callahan, O'Neil, Rison,

Nays: None.

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Tuesday, May 22, 2001, at 10:30 a.m.,

Present: Reps. Faunce, Kowall, DeWeese, George, Julian, Raczkowski, Sanborn, McConico, Callahan, O'Neil, Rison.

The Committee on Senior Health, Security and Retirement, by Rep. Voorhees, Chair, reported

House Bill No. 4789, entitled

A bill to amend 1980 PA 300, entitled "The public school employees retirement act of 1979," by amending section 61 (MCL 38.1361), as amended by 1999 PA 68.

With the recommendation that the following amendment be adopted and that the bill then pass.

1. Amend page 3, line 17, after "teacher" by striking out "or principal" and inserting a comma and "or principal, OR ADMINISTRATOR".

The bill and amendment were referred to the order of Second Reading of Bills.

Favorable Roll Call

HB 4789 To Report Out:

Yeas: Reps. Voorhees, Woronchak, Cassis, Kuipers, Vear, Williams, Spade, Zelenko,

Nays: None.

COMMITTEE ATTENDANCE REPORT

The following report, submitted by Rep. Voorhees, Chair of the Committee on Senior Health, Security and Retirement, was received and read:

Meeting held on: Tuesday, May 22, 2001, at 10:30 a.m.,

Present: Reps. Voorhees, Woronchak, Cassis, Kuipers, Vear, Williams, Bovin, Spade, Zelenko.

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

House Bill No. 4760, entitled

A bill to amend 1976 PA 451, entitled "The revised school code," (MCL 380.1 to 380.1852) by adding section 1294.

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.

Favorable Roll Call

HB 4760 To Report Out:

Yeas: Reps. Kuipers, Meyer, Allen, Bradstreet, DeWeese, Hager, Hart, Van Woerkom, Voorhees,

Nays: Reps. Hansen, Bogardus, Clark, Gieleghem, McConico, Spade, Zelenko.

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

House Bill No. 4761, 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.

Without amendment and with the recommendation that the bill pass.

The bill was referred to the order of Second Reading of Bills.

Favorable Roll Call

HB 4761 To Report Out:

Yeas: Reps. Kuipers, Meyer, Allen, Bradstreet, DeWeese, Hager, Hart, Van Woerkom, Voorhees,

Nays: Reps. Hansen, Bogardus, Clark, Gieleghem, McConico, Spade, Zelenko.

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Tuesday, May 22, 2001, at 9:00 a.m.,

Present: Reps. Kuipers, Meyer, Allen, Bradstreet, DeWeese, Hager, Hart, Ruth Johnson, Van Woerkom, Voorhees, Hansen, Bogardus, Clark, Gieleghem, McConico, Spade, Zelenko.

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

House Bill No. 4792, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending section 5522 (MCL 324.5522), as amended by 1998 PA 245.

The committee recommended that the bill be referred to the Committee on Commerce.

Favorable Roll Call

HB 4792 To Report Out:

Yeas: Reps. Shulman, LaSata, Cameron Brown, Caul, Godchaux, Jansen, Jelinek, Kooiman, Mead, Mortimer, Newell, Pappageorge, Pumford, Shackleton, Stamas, Stewart, Vander Roest, Frank, Rich Brown, Clarke, Pestka, Phillips, Plakas, Stallworth, Switalski, Whitmer,

Nays: None.

The recommendation was concurred in and the bill was referred to the Committee on Commerce.

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

Senate Bill No. 230, entitled

A bill to make appropriations for the department of agriculture for the fiscal year ending September 30, 2002; to provide for the expenditure of the appropriations; to create funds; to provide for the imposition of fees; to require reports, audits, and plans; to authorize certain transfers by certain state agencies; and to provide for the disposition of fees and other income received by certain state agencies.

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.

Favorable Roll Call

SB 230 To Report Out:

Yeas: Reps. Shulman, LaSata, Cameron Brown, Caul, Godchaux, Jansen, Jelinek, Kooiman, Mead, Mortimer, Newell, Pappageorge, Pumford, Shackleton, Stamas, Stewart, Toy, Vander Roest, Frank, Rich Brown, Clarke, Lockwood, Pestka, Phillips, Plakas, Reeves, Switalski, Whitmer,

Nays: None.

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

Senate Bill No. 236, entitled

A bill to make appropriations for the judicial branch for the fiscal year ending September 30, 2002; to provide for the expenditure of these appropriations; to place certain restrictions on the expenditure of these appropriations; to prescribe the powers and duties of certain officials and employees; to require certain reports; and to provide for the disposition of fees and other income received by the judicial branch.

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.

Favorable Roll Call

SB 236 To Report Out:

Yeas: Reps. Shulman, LaSata, Cameron Brown, Caul, Godchaux, Jansen, Jelinek, Kooiman, Mead, Mortimer, Newell, Pappageorge, Pumford, Shackleton, Stamas, Stewart, Toy, Vander Roest, Frank, Rich Brown, Clarke, Pestka, Phillips, Plakas, Reeves, Switalski, Whitmer,

Nays: None.

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

Senate Bill No. 237, entitled

A bill to make appropriations for the department of military and veterans affairs for the fiscal year ending September 30, 2002; to provide for the expenditure of the appropriations; to provide for certain powers and duties of the department of military and veterans affairs, other state agencies, and local units of government related to the appropriations; and to provide for the preparation of certain reports related to 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.

Favorable Roll Call

SB 237 To Report Out:

Yeas: Reps. Shulman, LaSata, Cameron Brown, Caul, Godchaux, Jansen, Jelinek, Kooiman, Mead, Mortimer, Newell, Pappageorge, Pumford, Shackleton, Stamas, Stewart, Vander Roest,

Nays: Rep. Phillips.

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

Senate Bill No. 238, entitled

A bill to make appropriations for the department of state police and certain other state purposes for the fiscal year ending September 30, 2002; to provide for the expenditure of those appropriations; to provide for certain reports and the consideration of those reports; to provide for the disposition of other income received by the various state agencies; to provide for the testing of certain persons; to provide for certain emergency powers; and to provide for the powers and duties of certain committees, certain state agencies, and certain employees.

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.

Favorable Roll Call

SB 238 To Report Out:

Yeas: Reps. Shulman, LaSata, Cameron Brown, Caul, Jansen, Jelinek, Kooiman, Mead, Mortimer, Newell, Pappageorge, Pumford, Shackleton, Stamas, Stewart, Vander Roest, Frank, Rich Brown, Pestka, Whitmer,

Nays: Reps. Godchaux, Clarke, Reeves, Stallworth, Switalski.

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Tuesday, May 22, 2001, at 9:00 a.m.,

Present: Reps. Shulman, LaSata, Cameron Brown, Caul, Godchaux, Jansen, Jelinek, Kooiman, Mead, Mortimer, Newell, Pappageorge, Pumford, Shackleton, Stamas, Stewart, Toy, Vander Roest, Frank, Rich Brown, Clarke, Lockwood, Pestka, Phillips, Plakas, Reeves, Stallworth, Switalski, Whitmer.

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: Tuesday, May 22, 2001, at 10:30 a.m.,

Present: Reps. Ruth Johnson, Koetje, Birkholz, DeRossett, DeVuyst, Ehardt, Tabor, Kolb, Basham, Gieleghem, Hale.

Introduction of Bills

Rep. Sanborn introduced

House Bill No. 4797, entitled

A bill to amend 1956 PA 218, entitled "The insurance code of 1956," (MCL 500.100 to 500.8302) by adding section 3938.

The bill was read a first time by its title and referred to the Committee on Senior Health, Security and Retirement.

Rep. Richner introduced

House Bill No. 4798, entitled

A bill to amend 1961 PA 236, entitled "Revised judicature act of 1961," by amending sections 2529 and 8371 (MCL 600.2529 and 600.8371), section 2529 as amended by 1999 PA 268 and section 8371 as amended by 1996 PA 388.

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

Reps. Stamas, Patterson, Scranton, Rivet and Caul introduced

House Bill No. 4799, entitled

A bill to amend 1909 PA 279, entitled "The home rule city act," (MCL 117.1 to 117.38) by adding section 5j.

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

Reps. Kuipers, Bradstreet, DeWeese, Voorhees, Koetje, Kooiman, Drolet, Gosselin and Jansen introduced

House Bill No. 4800, entitled

A bill to amend 1976 PA 451, entitled "The revised school code," by amending sections 501, 502, 503, 504, 504a, 506, 507, 1701a, and 1711 (MCL 380.501, 380.502, 380.503, 380.504, 380.504a, 380.506, 380.507, 380.1701a, and 380.1711), sections 501, 502, 503, 504a, and 507 as amended by 1995 PA 289, sections 504 and 1701a as amended by 1994 PA 416, and section 506 as added by 1993 PA 362, and by adding sections 503b, 1320, and 1814.

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

Reps. Cassis, Toy, Vander Veen, Ruth Johnson, Stewart, Howell, Raczkowski, Richner, Pestka, Bisbee and Lockwood introduced

House Bill No. 4801, entitled

A bill to amend 1976 PA 451, entitled "The revised school code," (MCL 380.1 to 380.1852) by adding section 1292.

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

Reps. Gosselin, Drolet, Stewart, Bradstreet, Cassis, Pappageorge, Kooiman, Richner and Lemmons introduced

House Bill No. 4802, entitled

A bill to amend 1931 PA 328, entitled "The Michigan penal code," by amending section 357b (MCL 750.357b), as added by 1990 PA 321.

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

Reps. Gosselin, Drolet, Stewart, Bradstreet, Cassis, Pappageorge, Kooiman, Richner and Lemmons introduced

House Bill No. 4803, entitled

A bill to amend 1927 PA 175, entitled "The code of criminal procedure," by amending section 16r of chapter XVII (MCL 777.16r), as amended by 2000 PA 279.

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

Reps. Gosselin, Drolet, Stewart, Cassis, Pappageorge, Kooiman, Richner and Lemmons introduced

House Bill No. 4804, entitled

A bill to amend 1931 PA 328, entitled "The Michigan penal code," by amending section 357b (MCL 750.357b), as added by 1990 PA 321.

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

Reps. Gosselin, Drolet, Stewart, Bradstreet, Cassis, Pappageorge, Kooiman, Richner and Lemmons introduced

House Bill No. 4805, entitled

A bill to amend 1927 PA 175, entitled "The code of criminal procedure," by amending section 16r of chapter XVII (MCL 777.16r), as amended by 2000 PA 279.

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

Reps. Stamas, Woronchak, Vander Veen, Patterson, Scranton, Adamini, Rich Brown, Rivet, Kolb, Garza, Voorhees, Hart, Birkholz and Shackleton introduced

House Bill No. 4806, entitled

A bill to amend 1979 PA 94, entitled "The state school aid act of 1979," by amending section 31a (MCL 388.1631a), as amended by 2000 PA 297.

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

Rep. Scranton introduced

House Bill No. 4807, entitled

A bill to repeal 1959 PA 243, entitled "An act to define, license and regulate trailer coach parks; to prescribe the powers and duties of the state health commissioner and other state and local officers; to provide for the levy and collection of specific taxes on occupied trailers in trailer coach parks and the disposition of the revenues therefrom; to provide remedies and penalties for the violation of this act; and to repeal certain acts and parts of acts," (MCL 125.1035 to 125.1043).

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

Rep. Scranton introduced

House Bill No. 4808, entitled

A bill to amend 1893 PA 206, entitled "The general property tax act," by amending sections 2a and 34c (MCL 211.2a and 211.34c), section 2a as amended by 1982 PA 539 and section 34c as amended by 2000 PA 415.

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

Rep. Newell moved that the House adjourn.

The motion prevailed, the time being 4:45 p.m.

Associate Speaker Pro Tempore Julian declared the House adjourned until Wednesday, May 23, at 2:00 p.m.

GARY L. RANDALL

Clerk of the House of Representatives.

Adamini	Frank	Lemmons	Schauer
Allen	Garza	Lipsey	Schermesser
Anderson	George	McConico	Scranton
Basham	Gieleghem	Mead	Shackleton
Bernero	Gilbert	Meyer	Sheltrown
Birkholz	Godchaux	Middaugh	Shulman
Bisbee	Gosselin	Minore	Spade
Bishop	Hager	Mortimer	Stallworth
Bogardus	Hale	Murphy	Stamas
Bovin	Hansen	Neumann	Stewart
Bradstreet	Hardman	Newell	Switalski
Brown, B.	Hart	O'Neil	Tabor
Brown, C.	Jacobs	Pappageorge	Thomas
Brown, R.	Jamnick	Patterson	Toy
Callahan	Jansen	Pestka	Van Woerkom
Cassis	Jelinek	Phillips	Vander Roest
Caul	Johnson, Rick	Plakas	Vander Veen
Clark, I.	Johnson, Ruth	Pumford	Vear
Clarke, H.	Julian	Quarles	Voorhees
Daniels	Kilpatrick	Raczkowski	Waters
Dennis	Koetje	Reeves	Whitmer
DeRossett	Kolb	Richardville	Williams
DeVuyst	Kooiman	Richner	Wojno
DeWeese	Kowall	Rivet	Woodward
Drolet	Kuipers	Rocca	Woronchak
Ehardt	LaSata	Sanborn	Zelenko