hj11271t.080

No. 80

STATE OF MICHIGAN

JOURNAL

OF THE

House of Representatives

91st Legislature

REGULAR SESSION OF 2001

House Chamber, Lansing, Tuesday, November 27, 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--excused

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--excused

Hart--present

Howell--present

Hummel--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--excused

Lipsey--present

Lockwood--present

Mans--present

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--excused

Raczkowski--present

Reeves--present

Richardville--present

Richner--present

Rison--present

Rivet--present

Rocca--present

Schauer--excused

Schermesser--excused

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

Mr. Dennis O. Richardville, father of Rep. Randy Richardville from the 56th District, offered the following invocation:

"Dear Heavenly Father, as we seek Your guidance today, let me not insult those who believe differently than I do. On the opening day of this session of the House of Representatives of the fine state of Michigan, let us not forget those victims of the dastardly and vicious acts of September 11. Please be with the families and friends of those victims, including the heroic firemen and police who died attempting to save the victims.

Heavenly Father, we ask that You guide President Bush, and all the federal leaders in their fight against terrorism; in their efforts to bring swift justice to those responsible for those horrible acts; to keep the citizens of the United States safe; and keep the casualties of our armed forces to a minimum.

We thank You for all these people who can and will make this happen. We ask You for patience throughout this long campaign.

Especially today, dear God, we ask You to be with our state representatives, as well as all other people who guide, as well as protect, our State. Help them to make the decisions that are best for our state and be proud of their decisions. Help everyone else understand the significance of these laws.

Heavenly Father, we deeply thank You for this House of Representatives, and I thank You especially for the one whom you gave me as my son. In the most holy precious name of Jesus Christ, we pray. Amen."

______

The Speaker assumed the Chair.

Rep. Bovin moved that Reps. Daniels, Hardman, Lemmons, Quarles, Schauer and Schermesser be excused from today's session.

The motion prevailed.

Motions and Resolutions

By unanimous consent the House considered House Resolution 264 out of numerical order.

The Speaker, on behalf of the entire membership of the House of Representatives, offered the following resolution:

House Resolution No. 264.

A resolution of tribute offered as a memorial for John D. Payant, former member of the House of Representatives.

Whereas, The recent passing of Judge John D. Payant has taken from the Iron Mountain area a gentleman of great public spirit and dedication. With gratitude for his exemplary contributions to our state's judicial system and to the legislative branch through his service as a lawmaker, we offer this expression of our respect and extend our condolences to his family and friends; and

Whereas, A native of Iron Mountain who graduated from Kingsford High School, John Payant served our nation with the Marine Corps from 1954 to 1957 and earned his law degree at Marquette University. Over the course of his accomplishment-filled life, he took on many responsibilities within the community, in addition to his legal work in private practice. Mr. Payant was involved with numerous civic groups to complement his efforts as an attorney for the city of Iron Mountain, the Breitung Township School District, and the village of Niagara, Wisconsin; and

Whereas, In 1968, John Payant was elected to the first of his two terms as State Representative for the One-Hundred Ninth District. In Lansing, he brought his experiences in local government and the law to his duties within the legislative process, including his committee assignments. For the better part of the past two decades, John Payant compiled a record of achievement and effectiveness as a circuit court judge serving the people of Iron, Dickinson, and Menominee Counties. His entire tenure on the bench was marked by excellence and thoroughness that earned him a special place of respect among his peers; now, therefore, be it

Resolved by the House of Representatives, That we offer this expression of our highest tribute to honor the memory of John D. Payant, who served this state as a lawmaker and circuit court judge; and be it further

Resolved, That copies of this resolution be transmitted to Judge Payant's family as evidence of our admiration for his distinguished service to our state.

The question being on the adoption of the resolution,

The resolution was adopted by a unanimous standing vote.

The Speaker called the Speaker Pro Tempore to the Chair.

Notices

November 8, 2001

Mr. Gary L. Randall, Clerk

House of Representatives

State Capitol Building

Lansing, Michigan 48913

Dear Mr. Randall:

Please accept this letter as my official resignation from the Michigan House of Representatives.

Sincerely,

Alan Sanborn

State Representative

Thirty-Second District

By unanimous consent the House returned to the order of

Reports of Standing Committees

The Speaker laid before the House

House Resolution No. 234.

A resolution to urge the Department of Community Health to embark on a public service campaign to encourage Michigan citizens to make preparations for end-of-life care.

(For text of resolution, see House Journal No. 71, p. 2094.)

(The resolution was reported by the Committee on Health Policy on October 23, consideration of which, under the rules, was postponed until October 24.)

The question being on the adoption of the resolution,

The resolution was adopted.

Third Reading of Bills

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.

(The bill was read a third time and postponed temporarily on October 16, see House Journal No. 70, p. 2064.)

The question being on the passage of the bill,

Rep. Lipsey moved to substitute (H-3) the bill.

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

The question being on the passage of the bill,

The bill was then passed, a majority of the members serving voting therefor, by yeas and nays, as follows:

Roll Call No. 628 Yeas--102

Adamini Frank Lipsey Rocca

Allen George Lockwood Scranton

Anderson Gieleghem Mans Shackleton

Basham Gilbert McConico Sheltrown

Bernero Godchaux Mead Shulman

Birkholz Gosselin Meyer Spade

Bisbee Hager Middaugh Stallworth

Bishop Hale Minore Stamas

Bogardus Hansen Mortimer Stewart

Bovin Hart Murphy Switalski

Bradstreet Howell Neumann Tabor

Brown, B. Hummel Newell Thomas

Brown, C. Jacobs O'Neil Toy

Brown, R. Jamnick Pappageorge Van Woerkom

Callahan Jansen Patterson Vander Roest

Cassis Jelinek Pestka Vander Veen

Caul Johnson, Rick Phillips Vear

Clark, I. Johnson, Ruth Plakas Voorhees

Clarke, H. Julian Pumford Waters

Dennis Kilpatrick Raczkowski Whitmer

DeRossett Koetje Reeves Williams

DeVuyst Kolb Richardville Wojno

DeWeese Kooiman Richner Woodward

Drolet Kowall Rison Woronchak

Ehardt Kuipers Rivet Zelenko

Faunce LaSata

Nays--0

In The Chair: Birkholz

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 "The code of criminal procedure," by amending section 15 of chapter XVII (MCL 777.15), as amended by 2001 PA 152.

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.

House Bill No. 4901, entitled

A bill to amend 1939 PA 342, entitled "County public improvement act of 1939," (MCL 46.171 to 46.188) by adding section 5d.

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

Roll Call No. 629 Yeas--102

Faunce LaSata

Nays--0

In The Chair: Birkholz

The House agreed to the title of the bill.

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

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

______

Rep. Reeves moved that Rep. Garza be excused temporarily from today's session.

The motion prevailed.

House Bill No. 4902, entitled

A bill to amend 1949 PA 208, entitled "An act to authorize cities, villages and townships of this state to designate neighborhood areas for the purpose of planning and carrying out local public improvements for the prevention of blight within such areas; to authorize assistance in carrying out plans for local improvements by the acquisition and disposal of real property in such areas; to provide for the combining of neighborhood improvements that benefit the entire neighborhood into 1 improvement project; to provide for the establishment of local assessment districts coterminous with the neighborhood boundaries; to prescribe the methods of financing the exercise of these powers, and to declare the effect of this act," (MCL 125.941 to 125.952) by adding section 6d.

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

Roll Call No. 630 Yeas--101

Adamini Frank LaSata Rocca

Allen George Lipsey Scranton

Anderson Gieleghem Lockwood Shackleton

Basham Gilbert Mans Sheltrown

Bernero Godchaux McConico Shulman

Birkholz Gosselin Mead Spade

Bisbee Hager Meyer Stallworth

Bishop Hale Middaugh Stamas

Bogardus Hansen Minore Stewart

Bovin Hart Mortimer Switalski

Bradstreet Howell Murphy Tabor

Brown, B. Hummel Neumann Thomas

Brown, C. Jacobs Newell Toy

Brown, R. Jamnick O'Neil Van Woerkom

Callahan Jansen Pappageorge Vander Roest

Cassis Jelinek Patterson Vander Veen

Caul Johnson, Rick Pestka Vear

Clark, I. Johnson, Ruth Phillips Voorhees

Clarke, H. Julian Plakas Waters

Dennis Kilpatrick Pumford Whitmer

DeRossett Koetje Raczkowski Williams

DeVuyst Kolb Richardville Wojno

DeWeese Kooiman Richner Woodward

Drolet Kowall Rison Woronchak

Ehardt Kuipers Rivet Zelenko

Faunce

Nays--0

In The Chair: Birkholz

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.

House Bill No. 4904, entitled

A bill to amend 1895 PA 215, entitled "The fourth class city act," (MCL 81.1 to 113.20) by adding section 19a to chapter 30.

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

Roll Call No. 631 Yeas--98

Allen Frank Lipsey Scranton

Anderson George Lockwood Shackleton

Basham Gieleghem Mans Sheltrown

Bernero Gilbert McConico Shulman

Birkholz Godchaux Mead Spade

Bisbee Gosselin Meyer Stallworth

Bishop Hager Middaugh Stamas

Bogardus Hale Minore Stewart

Bovin Hansen Mortimer Switalski

Bradstreet Howell Murphy Tabor

Brown, B. Hummel Neumann Thomas

Brown, C. Jacobs Newell Toy

Brown, R. Jamnick O'Neil Van Woerkom

Callahan Jansen Pappageorge Vander Roest

Cassis Jelinek Patterson Vander Veen

Caul Johnson, Rick Pestka Vear

Clark, I. Johnson, Ruth Phillips Voorhees

Clarke, H. Julian Plakas Waters

Dennis Kilpatrick Pumford Whitmer

DeRossett Koetje Raczkowski Williams

DeVuyst Kolb Richardville Wojno

DeWeese Kooiman Richner Woodward

Drolet Kowall Rivet Woronchak

Ehardt Kuipers Rocca Zelenko

Faunce LaSata

Nays--0

In The Chair: Birkholz

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.

House Bill No. 4905, entitled

A bill to amend 1966 PA 331, entitled "Community college act of 1966," (MCL 389.1 to 389.195) by adding section 122b.

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

Roll Call No. 632 Yeas--93

Adamini George Kuipers Rison

Allen Gieleghem LaSata Rivet

Anderson Gilbert Lipsey Rocca

Basham Godchaux Lockwood Shackleton

Birkholz Gosselin Mans Sheltrown

Bisbee Hager McConico Shulman

Bishop Hale Mead Spade

Bogardus Hansen Meyer Stallworth

Bovin Hart Minore Stamas

Bradstreet Howell Mortimer Stewart

Brown, B. Hummel Neumann Switalski

Brown, C. Jacobs Newell Tabor

Brown, R. Jamnick O'Neil Thomas

Callahan Jansen Pappageorge Toy

Cassis Jelinek Patterson Van Woerkom

Caul Johnson, Rick Pestka Vander Roest

Clark, I. Johnson, Ruth Phillips Vander Veen

Clarke, H. Julian Plakas Vear

DeRossett Kilpatrick Pumford Voorhees

DeVuyst Koetje Raczkowski Williams

DeWeese Kolb Reeves Woodward

Drolet Kooiman Richardville Woronchak

Ehardt Kowall Richner Zelenko

Frank

Nays--7

Bernero Middaugh Waters Wojno

Faunce Murphy Whitmer

In The Chair: Birkholz

The House agreed to the title of the bill.

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

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

______

Rep. Vander Roest moved that Rep. Koetje be excused from the balance of today's session.

The motion prevailed.

House Bill No. 4906, entitled

A bill to amend 1976 PA 451, entitled "The revised school code," (MCL 380.1 to 380.1852) by adding sections 629a and 1351c.

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

Roll Call No. 633 Yeas--98

Adamini Frank Lipsey Rivet

Allen George Lockwood Rocca

Anderson Gieleghem Mans Scranton

Basham Gilbert McConico Shackleton

Bernero Godchaux Mead Sheltrown

Birkholz Gosselin Meyer Shulman

Bisbee Hager Middaugh Spade

Bishop Hale Minore Stamas

Bogardus Hansen Mortimer Stewart

Bovin Hart Murphy Switalski

Bradstreet Howell Neumann Tabor

Brown, B. Hummel Newell Thomas

Brown, C. Jacobs O'Neil Toy

Brown, R. Jamnick Pappageorge Van Woerkom

Callahan Jansen Patterson Vander Roest

Cassis Jelinek Pestka Vander Veen

Caul Johnson, Rick Phillips Vear

Clarke, H. Johnson, Ruth Plakas Voorhees

Dennis Julian Pumford Waters

DeRossett Kilpatrick Raczkowski Whitmer

DeVuyst Kolb Reeves Wojno

DeWeese Kooiman Richardville Woodward

Drolet Kowall Richner Woronchak

Ehardt Kuipers Rison Zelenko

Faunce LaSata

Nays--0

In The Chair: Birkholz

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.

Senate Bill No. 331, entitled

A bill to amend 1998 PA 58, entitled "Michigan liquor control code of 1998," by amending sections 107, 525, 531, and 537 (MCL 436.1107, 436.1525, 436.1531, and 436.1537), section 531 as amended by 2000 PA 399, and by adding section 532.

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

Roll Call No. 634 Yeas--91

Allen Gieleghem Mans Scranton

Basham Gilbert McConico Shackleton

Bernero Godchaux Mead Sheltrown

Birkholz Hager Meyer Shulman

Bisbee Hale Middaugh Spade

Bishop Hansen Minore Stallworth

Bovin Hart Mortimer Stamas

Brown, C. Howell Murphy Stewart

Brown, R. Hummel Neumann Switalski

Callahan Jacobs Newell Tabor

Cassis Jamnick O'Neil Thomas

Caul Jansen Pappageorge Toy

Clark, I. Jelinek Patterson Van Woerkom

Clarke, H. Johnson, Rick Pestka Vander Roest

Dennis Johnson, Ruth Plakas Vear

DeRossett Julian Pumford Waters

DeVuyst Kilpatrick Raczkowski Whitmer

DeWeese Kooiman Reeves Williams

Drolet Kowall Richardville Wojno

Ehardt Kuipers Richner Woodward

Faunce LaSata Rison Woronchak

Frank Lipsey Rivet Zelenko

George Lockwood Rocca

Nays--9

Adamini Bradstreet Gosselin Vander Veen

Anderson Brown, B. Phillips Voorhees

Bogardus

In The Chair: Birkholz

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

"An act to create a commission for the control of the alcoholic beverage traffic within this state, and to prescribe its powers, duties, and limitations; to provide for powers and duties for certain state departments and agencies; to impose certain taxes for certain purposes; to provide for the control of the alcoholic liquor traffic within this state and to provide for the power to establish state liquor stores; to provide for the care and treatment of alcoholics; to provide for the incorporation of farmer cooperative wineries and the granting of certain rights and privileges to those cooperatives; to provide for the licensing and taxation of activities regulated under this act and the disposition of the money received under this act; to prescribe liability for retail licensees under certain circumstances and to require security for that liability; to provide procedures, defenses, and remedies regarding violations of this act; to provide for the enforcement and to prescribe penalties for violations of this act; to provide for allocation of certain funds for certain purposes; to provide for the confiscation and disposition of property seized under this act; to provide referenda under certain circumstances; and to repeal acts and parts of acts,".

The House agreed to the full title.

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

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

By unanimous consent the House returned to the order of

Reports of Standing Committees

The Speaker laid before the House

House Resolution No. 188.

A resolution to condemn violence and bigotry against Arab Americans, American Muslims, and Americans from South Asia.

(For text of resolution, see House Journal No. 63, p. 1942.)

(The resolution was reported by the Committee on House Oversight and Operations on October 10, with substitute (H-3), consideration of which, under the rules, was postponed until October 11.)

(For substitute, see House Journal No. 68, p. 2034.)

The question being on the adoption of the proposed substitute (H-3) recommended by the Committee,

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

The question being on the adoption of the resolution,

Rep. Woodward moved to amend the resolution as follows:

1. Amend the title, after the second "Americans" by inserting a comma and "as well as visitors, visiting students, and legal aliens living here".

2. Amend the Resolving clause, line 2, after "Americans" by inserting a comma and "as well as visitors, visiting students, and legal aliens living here,".

3. Amend the Resolving clause, line 4, after "citizens" by inserting a comma and "visitors,".

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

The question being on the adoption of the resolution,

The resolution was adopted.

Second Reading of Bills

House Bill No. 5145, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending section 9307 (MCL 324.9307), as amended by 1998 PA 463.

The bill was read a second time.

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

The motion prevailed.

House Bill No. 5186, entitled

A bill to amend 1953 PA 181, entitled "An act relative to investigations in certain instances of the causes of death within this state due to violence, negligence or other act or omission of a criminal nature or to protect public health; to provide for the taking of statements from injured persons under certain circumstances; to abolish the office of coroner and to create the office of county medical examiner in certain counties; to prescribe the powers and duties of county medical examiners; to prescribe penalties for violations of the provisions of this act; and to prescribe a referendum thereon," by amending section 1 (MCL 52.201).

Was read a second time, and the question being on the adoption of the proposed substitute (H-1) previously recommended by the Committee on Local Government and Urban Policy,

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

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

The motion prevailed.

House Bill No. 4141, entitled

A bill to regulate certain health clubs with respect to potential medical emergencies; and to provide for civil sanctions.

The bill was read a second time.

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

The motion prevailed.

House Bill No. 5212, entitled

A bill to amend 1937 PA 94, entitled "Use tax act," by amending section 14 (MCL 205.104), as amended by 1986 PA 41.

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

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

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

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. DeWeese, Tabor, Vander Roest, Rivet, Richardville, Hager, Hansen, Clarke, Shulman, Caul, Faunce,
Van Woerkom, Meyer, Mead, Vander Veen, Gosselin, Bradstreet, Julian, Switalski, Basham, Woodward, DeRossett, Kilpatrick, Pappageorge, Raczkowski, DeVuyst, Kowall, Koetje, Toy, Kuipers, Voorhees, Howell, Cassis, Jamnick, Bovin, Murphy, Neumann, Rich Brown, Scranton, Gieleghem, Jansen, Kooiman, Waters, Hale, Spade, Anderson, Richner, Vear, Jacobs, Wojno and Birkholz offered the following resolution:

House Resolution No. 263.

A resolution congratulating the Amateur Radio Relay League.

Whereas, We commend the Amateur Radio Relay League, specifically the Delta Township Auxiliary Communications Service, for benefitting the public through community service; and

Whereas, The tragic events of September 11, 2001, have further demonstrated the importance and necessity of having an amateur radio network to assist local emergency crews. During that time, the Amateur Radio Relay League admirably volunteered their time and services to aid both the American Red Cross and the Salvation Army; and

Whereas, The Amateur Radio Relay League provides assistance to countless civilians during severe weather events such as thunderstorms, tornados, or hurricanes. Members of this distinguished association relay vital information, such as downed power lines or severe weather sightings, to local emergency departments; and

Whereas, The Radio Amateur Civil Emergency Service has demonstrated, on numerous occasions, their ability to aid communities in times of emergency. They train people in their local areas for possible disaster situations. Amateur radio broadcasters also provide their local communities with a variety of unique opportunities, such as allowing elementary school students to speak directly with astronauts on the International Space Station; now, therefore, be it

Resolved by the House of Representatives, That the members of this legislative body congratulate the Amateur Radio Relay League. We commend this association for their loyal and diligent effort to serving their surrounding areas; and be it further

Resolved, That a copy of this resolution be forwarded to the American Radio Relay League, Delta Township Auxiliary Communications Service, Central Michigan Amateur Radio Club, and the Eaton County Amateur Radio Club 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. Vander Veen, Vander Roest, Rivet, Richardville, Shulman, Caul, Faunce, Van Woerkom, Meyer, Mead, Gosselin, Bradstreet, Julian, Switalski, DeRossett, Middaugh, Kilpatrick, Pappageorge, Raczkowski, DeVuyst, Godchaux, Kowall, Koetje, Toy, Kuipers, Voorhees, Howell, Cassis, Jamnick, Murphy, Rich Brown, Scranton, Bisbee, Ruth Johnson, Jansen, Kooiman, Waters, Hale, Anderson, Mans, Richner, Vear, DeWeese, Wojno and Birkholz offered the following resolution:

House Resolution No. 265.

A resolution to memorialize the Congress of the United States not to take control of the Great Lakes away from the Great Lakes states and to reaffirm authority granted to the Council of Great Lakes Governors.

Whereas, The Great Lakes states have taken many steps to protect the lakes. Most recently, Annex 2001 to the Great Lakes Charter has demonstrated the concern of the people of this region that the stewardship for this fresh water resource must remain where it belongs--with the people of the Great Lakes; and

Whereas, The Great Lakes governors work closely with one another and their Canadian provincial counterparts on protecting the Great Lakes on a wide range of issues related to water management and a host of economic matters that strongly influence the lakes. This cooperation mirrors the shared stake in the quality of the lakes and reflects the appropriateness of policies that clearly affirm the authority of the Council of Great Lakes Governors pursuant to the Great Lakes Charter; and

Whereas, The Great Lakes states have demonstrated that we are an effective and efficient manager of Great Lakes water resources. We implore the federal government to continue to allow the Great Lakes states the ability to control the Great Lakes; now, therefore, be it

Resolved by the House of Representatives, That we memorialize the Congress to increase protections for the Great Lakes and to affirm the authority of the Great Lakes governors on matters of the usage of Great Lakes waters; 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 Land Use and Environment.

Reps. Thomas, Dennis, Vander Roest, Rivet, Hansen, Clarke, Caul, Faunce, Van Woerkom, Meyer, Julian, Switalski, Basham, Woodward, Garza, Clark, DeRossett, Sheltrown, Minore, Kilpatrick, Pappageorge, Raczkowski, Godchaux, Kowall, Voorhees, Jamnick, Bovin, Murphy, Neumann, Rich Brown, Scranton, Gieleghem, Waters, Hale, Spade, Anderson, Bernero, Richner, Vear, Jacobs, DeWeese, Reeves, Wojno and Birkholz offered the following resolution:

House Resolution No. 266.

A resolution honoring the WARM Training Center upon the occasion of its 20th anniversary.

Whereas, It is with a deep appreciation of the significance of this milestone that we commend the management and staff of the WARM Training Center as they mark the 20th anniversary of the founding of this exemplary nonprofit organization. We are proud to recognize the important role that the WARM Training Center has played in supporting other housing organizations by providing construction management related training programs. This contributes to both the economic well-being of the area and the lives of countless citizens; and

Whereas, Since its founding in Detroit, the WARM Training Center has become a vital element in helping Michigan grow. Its success in maintaining competitiveness during an era of many challenges is the direct result of the commitment of the people of this organization and their ability to work together to offer the best services over the years, even as our cyclical Michigan economy has presented obstacles to growth and stability; and

Whereas, In looking back over the 20 years of WARM Training Center's history, it is clear that this organization has set its course with a continuing look to the future. The WARM Training Center's mission is to create a stronger local infrastructure for the production of low and moderate income housing by providing contracting services, technical assistance, training, and project management to other community-based groups and their constituencies. In doing so, the WARM Training Center has contributed to the ongoing public dialogue regarding national and local housing policies. While changes in the marketplace dictate many of the decisions for any good organization, the WARM Training Center has demonstrated the importance of including the ideas of its employees and the role of the organization in the community. We are grateful for all that the WARM Training Center has contributed to Detroit and all of Michigan; now, therefore, be it

Resolved by the House of Representatives, That the members of this legislative body honor the 20th anniversary of the WARM Training Center. We salute them on this happy occasion and wish them well in the years to come; and be it further

Resolved, That a copy of this resolution be transmitted to the WARM Training Center 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. Bradstreet, Middaugh, Kowall, Vander Veen, Bishop, Bisbee, Gosselin and Cassis offered the following concurrent resolution:

House Concurrent Resolution No. 49.

A concurrent resolution to urge the United States Environmental Protection Agency to reevaluate and adjust Michigan's cap on nitrogen oxide emissions.

Whereas, Identifying specific strategies to control the transport of ozone-causing pollutants is a major challenge facing Michigan and our country. Michigan is strongly committed to the development of an effective and fair program based on emissions standards and practices that are appropriate for the state's future; and

Whereas, Several years ago, the EPA NOx State Implementation Plan Call Rule set a cap on nitrogen oxide emissions that is based on miscalculations of Michigan's energy needs. The EPA assumptions, upon which the NOx emissions cap is determined, factor in an annual energy demand growth rate to the year 2007 at approximately one percent. In fact, however, the Michigan Public Service Commission has confirmed that the state's annual energy growth rate is currently projected to be approximately 2.28 percent, more than twice the rate used in the EPA calculations; and

Whereas, The impact of using the wrong energy growth assumptions is that Michigan would be forced to live under emissions thresholds that are prohibitively expensive. The restrictions would seriously hamper the state's economic strength, as well as jeopardizing energy supplies in the years to come. For this to occur because of erroneous assumptions is clearly wrong; and

Whereas, The EPA has provided other affected states surrounding Michigan with much more realistic estimates of their energy demand growth rates. The use of such unrealistically low energy growth rates for Michigan would place this state at an unfair competitive disadvantage with surrounding states; and

Whereas, Michigan is in the process of adopting regulations to impose control levels that comply with EPA goals for air quality, including in areas of the Atlantic coast. Our state is also seeking a legal remedy in the federal courts, a process which is protracted and expensive, and which directs resources away from other productive endeavors. Clearly, it would be far more effective for the EPA to revisit the issue of Michigan's NOx budget in the context of the correct data on energy demand growth rates; and

Whereas, This state is in the process of evaluating its energy policies by reviewing its electric generation capabilities and its ability to meet our future energy demands; now, therefore, be it

Resolved by the House of Representatives (the Senate concurring), That we urge the United States Environmental Protection Agency to reevaluate and adjust Michigan's cap on nitrogen oxide emissions, using realistic energy growth rates for prior years and projections for the years to come; and be it further

Resolved, That copies of this resolution be transmitted to the United States Environmental Protection Agency.

The concurrent resolution was referred to the Committee on Energy and Technology.

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, October 31:

Senate Bill Nos. 807 808

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

House Bill Nos. 5389 5390 5391 5392 5393

The Clerk announced the enrollment printing and presentation to the Governor on Monday, November 5, for his approval of the following bills:

Enrolled House Bill No. 4548 at 10:35 a.m.

Enrolled House Bill No. 4626 at 10:37 a.m.

The Clerk announced that the following bills had been printed and placed upon the files of the members, Monday, November 5:

Senate Bill Nos. 809 810 811 812 813

The Clerk announced that the following bills had been printed and placed upon the files of the members, Tuesday, November 6:

House Bill Nos. 5371 5372 5373 5374 5375 5376 5377 5378 5379 5380 5381 5382 5383 5384

5385 5386 5387 5388 5394 5395 5396 5397 5398 5399 5400 5401 5402 5403

5404 5405 5406 5407 5408 5409 5410 5411 5412 5413 5414 5415 5416 5417

5418 5419 5420 5421 5422 5423 5424 5425 5426 5427 5428 5429 5430 5431

5432 5433 5434 5435 5436 5437 5438 5439 5440 5441 5442 5443 5444 5445

5446 5447 5448 5449 5450 5451 5452 5453

The Clerk announced that the following Senate bills had been received on Tuesday, November 6:

Senate Bill Nos. 459 562 627

The Clerk announced that the following bill had been printed and placed upon the files of the members, Tuesday, November 6:

Senate Bill No. 817

The Clerk announced that the following Senate bills and joint resolution had been received on Wednesday, November 7:

Senate Bill No. 278 472 796 797 798 799 800 801

Senate Joint Resolution T

The Clerk announced that the following bills had been printed and placed upon the files of the members, Wednesday, November 7:

Senate Bill Nos. 814 815 816

The Clerk announced that the following Senate bills had been received on Thursday, November 8:

Senate Bill Nos. 173 422 638 639 677 715 718 719 720 721 722 723 725 726

727 728 729 731 732 733 734 735 736 738 751 752 753 754

755 756 757 758 759 808

The Clerk announced that the following Senate bill had been received on Friday, November 9:

Senate Bill No. 516

The Clerk announced the enrollment printing and presentation to the Governor on Tuesday, November 13, for his approval of the following bills:

Enrolled House Bill No. 4491 at 10:04 a.m.

Enrolled House Bill No. 5036 at 10:06 a.m.

The Clerk announced the enrollment printing and presentation to the Governor on Friday, November 16, for his approval of the following bills:

Enrolled House Bill No. 4481 at 3:02 p.m.

Enrolled House Bill No. 4775 at 3:04 p.m.

Enrolled House Bill No. 5181 at 3:06 p.m.

The Clerk announced that the following Senate bills had been received on Tuesday, November 27:

Senate Bill Nos. 536 678

By unanimous consent the House returned to the order of

Reports of Standing Committees

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

House Bill No. 5389, entitled

A bill to amend 1927 PA 175, entitled "The code of criminal procedure," by amending section 17 of chapter XVII (MCL 777.17), as amended by 2000 PA 300, and by adding sections 17b, 17c, 17d, 17f, and 17g to chapter XVII.

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 5389 To Report Out:

Yeas: Reps. Faunce, Kowall, DeWeese, Julian, McConico, O'Neil,

Nays: None.

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

House Bill No. 5390, entitled

A bill to amend 1927 PA 175, entitled "The code of criminal procedure," by amending section 14 of chapter XVII (MCL 777.14), as amended by 2000 PA 363, and by adding sections 14a, 14b, 14c, 14d, 14f, 14g, 14h, 14j, 14m, and 14p to chapter XVII.

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

1. Amend page 15, following line 20, by inserting:

"Enacting section 1. This amendatory act takes effect February 1, 2002.".

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

Favorable Roll Call

HB 5390 To Report Out:

Yeas: Reps. Faunce, Kowall, DeWeese, Julian, McConico, O'Neil,

Nays: None.

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

House Bill No. 5391, entitled

A bill to amend 1927 PA 175, entitled "The code of criminal procedure," by amending section 13 of chapter XVII (MCL 777.13), as amended by 2001 PA 13, and by adding sections 13b, 13c, 13d, 13e, 13f, 13g, 13j, 13k, 13m, 13n, and 13p.

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 5391 To Report Out:

Yeas: Reps. Faunce, Kowall, DeWeese, Julian, McConico, O'Neil,

Nays: None.

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

House Bill No. 5392, entitled

A bill to amend 1927 PA 175, entitled "The code of criminal procedure," by amending section 11 of chapter XVII (MCL 777.11), as amended by 2000 PA 492, and by adding sections 11a, 11b, 11c, 11d, and 11e to chapter XVII.

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 5392 To Report Out:

Yeas: Reps. Faunce, Kowall, DeWeese, Julian, McConico, O'Neil,

Nays: None.

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

House Bill No. 5393, entitled

A bill to amend 1927 PA 175, entitled "The code of criminal procedure," by amending section 12 of chapter XVII (MCL 777.12), as amended by 2001 PA 104, and by adding sections 12a, 12b, 12c, 12d, 12e, 12f, 12g, 12h, 12j, and 12k to chapter XVII.

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.

Favorable Roll Call

HB 5393 To Report Out:

Yeas: Reps. Faunce, Kowall, DeWeese, Julian, McConico, O'Neil,

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: Wednesday, November 7, 2001, at 1:00 p.m.,

Present: Reps. Faunce, Kowall, DeWeese, Julian, McConico, O'Neil,

Absent: Reps. George, Raczkowski, Sanborn, Callahan, Rison,

Excused: Reps. George, Raczkowski, Sanborn, Callahan, Rison.

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

House Bill No. 4812, entitled

A bill to amend 1981 PA 155, entitled "An act to provide for ownership rights in dies, molds, and forms for use in the fabrication of plastic parts under certain conditions and to establish a lien on certain dies, molds, and forms," by amending sections 1 and 8a (MCL 445.611 and 445.618a), section 8a as added by 1986 PA 103, and by adding sections 9, 10, 10a, 10b, and 10c.

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 4812 To Report Out:

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

Nays: None.

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

House Bill No. 4987, entitled

A bill to amend 1980 PA 299, entitled "Occupational code," by amending section 2512 (MCL 339.2512), as amended by 2000 PA 436.

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 4987 To Report Out:

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

Nays: None.

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

House Bill No. 5317, entitled

A bill to amend 2000 PA 161, entitled "Michigan education savings program act," by amending sections 2 and 7 (MCL 390.1472 and 390.1477).

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 5317 To Report Out:

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

Nays: None.

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

House Bill No. 5382, entitled

A bill to amend 1962 PA 174, entitled "Uniform commercial code," by amending section 9201 (MCL 440.9201), as amended by 2000 PA 348.

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 5382 To Report Out:

Yeas: Reps. Allen, Bishop, Koetje, Middaugh, Mortimer, Van Woerkom, Vear, Kolb, Lipsey, Waters, Zelenko,

Nays: None.

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

House Bill No. 5404, entitled

A bill to amend 1976 PA 451, entitled "The revised school code," by amending section 442 (MCL 380.442), as amended by 1985 PA 22.

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 5404 To Report Out:

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

Nays: None.

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

House Bill No. 5405, 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," by amending section 4 (MCL 388.954), as amended by 1992 PA 228.

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 5405 To Report Out:

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

Nays: None.

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

House Bill No. 5406, entitled

A bill to repeal 1973 PA 12, entitled "An act to provide for emergency financial assistance for school districts; to prescribe certain powers and duties of the intermediate board of education in connection therewith; to provide certain powers and duties of the state board of education in connection therewith; to create an emergency loan revolving fund; and to make an appropriation," (MCL 388.251 to 388.271).

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 5406 To Report Out:

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

Nays: None.

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

House Bill No. 5407, entitled

A bill to amend 1976 PA 451, entitled "The revised school code," by amending section 629 (MCL 380.629), as amended by 1997 PA 152.

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 5407 To Report Out:

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

Nays: None.

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

House Bill No. 5408, entitled

A bill to amend 1976 PA 451, entitled "The revised school code," by amending section 687 (MCL 380.687), as amended by 1995 PA 289.

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 5408 To Report Out:

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

Nays: None.

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

House Bill No. 5409, entitled

A bill to amend 1976 PA 451, entitled "The revised school code," by amending section 1215 (MCL 380.1215).

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 5409 To Report Out:

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

Nays: None.

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

House Bill No. 5410, entitled

A bill to amend 1976 PA 451, entitled "The revised school code," by amending section 1216 (MCL 380.1216), as amended by 1992 PA 236.

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 5410 To Report Out:

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

Nays: None.

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

House Bill No. 5411, entitled

A bill to amend 1976 PA 451, entitled "The revised school code," by amending section 1225 (MCL 380.1225), as amended by 1997 PA 152.

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 5411 To Report Out:

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

Nays: None.

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

House Bill No. 5412, entitled

A bill to amend 1976 PA 451, entitled "The revised school code," by amending section 1227 (MCL 380.1227), as added by 1995 PA 289.

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 5412 To Report Out:

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

Nays: None.

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

House Bill No. 5413, entitled

A bill to amend 1976 PA 451, entitled "The revised school code," by amending section 1351 (MCL 380.1351), as amended by 1997 PA 152.

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 5413 To Report Out:

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

Nays: None.

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

House Bill No. 5414, entitled

A bill to amend 1976 PA 451, entitled "The revised school code," by amending section 1351a (MCL 380.1351a), as amended by 1997 PA 152.

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 5414 To Report Out:

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

Nays: None.

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

House Bill No. 5415, entitled

A bill to amend 1976 PA 451, entitled "The revised school code," by amending section 1356 (MCL 380.1356), as amended by 1993 PA 312.

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 5415 To Report Out:

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

Nays: None.

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

House Bill No. 5416, entitled

A bill to amend 1976 PA 451, entitled "The revised school code," by amending section 1362 (MCL 380.1362).

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 5416 To Report Out:

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

Nays: None.

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

House Bill No. 5417, entitled

A bill to amend 1976 PA 451, entitled "The revised school code," by amending section 1363 (MCL 380.1363).

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 5417 To Report Out:

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

Nays: None.

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

House Bill No. 5418, entitled

A bill to amend 1976 PA 451, entitled "The revised school code," by amending section 1731 (MCL 380.1731).

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 5418 To Report Out:

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

Nays: None.

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

House Bill No. 5419, entitled

A bill to amend 1979 PA 94, entitled "The state school aid act of 1979," by amending section 17a (MCL 388.1617a), as amended by 1996 PA 300.

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 5419 To Report Out:

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

Nays: None.

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

House Bill No. 5420, entitled

A bill to amend 1966 PA 331, entitled "Community college act of 1966," by amending section 122 (MCL 389.122), as amended by 1984 PA 148.

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 5420 To Report Out:

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

Nays: None.

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

House Bill No. 5421, entitled

A bill to amend 1966 PA 331, entitled "Community college act of 1966," by amending section 126 (MCL 389.126).

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 5421 To Report Out:

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

Nays: None.

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

House Bill No. 5422, entitled

A bill to amend 1966 PA 331, entitled "Community college act of 1966," by amending section 127 (MCL 389.127), as added by 1982 PA 342.

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 5422 To Report Out:

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

Nays: None.

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

House Bill No. 5423, entitled

A bill to amend 1966 PA 331, entitled "Community college act of 1966," by amending section 144 (MCL 389.144), as amended by 1990 PA 287.

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 5423 To Report Out:

Yeas: Reps. Allen, Bishop, Howell, Koetje, Middaugh, Mortimer, Van Woerkom, Vear, Kolb, 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, November 6, 2001, at 9:00 a.m.,

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

Absent: Reps. DeVuyst, Thomas, Lemmons,

Excused: Reps. DeVuyst, Thomas, Lemmons.

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

Senate Bill No. 525, entitled

A bill to amend 1978 PA 368, entitled "Public health code," by amending section 21712 (MCL 333.21712).

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 525 To Report Out:

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

Nays: None.

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

Senate Bill No. 746, entitled

A bill to amend 1972 PA 284, entitled "Business corporation act," by amending section 213 (MCL 450.1213).

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 746 To Report Out:

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

Nays: None.

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

Senate Bill No. 747, entitled

A bill to amend 1993 PA 23, entitled "Michigan limited liability company act," (MCL 450.4101 to 450.5200) by adding section 204a.

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 747 To Report Out:

Yeas: Reps. Voorhees, Woronchak, Cassis, Kuipers, Vear, Williams, Bovin, 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, November 27, 2001, at 10:30 a.m.,

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

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Tuesday, November 6, 2001, at 10:30 a.m.,

Present: Reps. Gilbert, DeRossett, Hart, Hummel, Ruth Johnson, Scranton, Anderson, Jamnick, Murphy, Neumann,

Absent: Reps. George, Drolet, Gosselin, Julian, Bovin, Daniels, Schermesser,

Excused: Reps. George, Drolet, Gosselin, Julian, Bovin, Daniels, Schermesser.

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Tuesday, November 6, 2001, at 2:00 p.m.,

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

Absent: Reps. Clarke, Reeves,

Excused: Reps. Clarke, Reeves.

COMMITTEE ATTENDANCE REPORT

The following report, submitted by Rep. Howell, Chair of the Committee on Civil Law and the Judiciary, was received and read:

Meeting held on: Tuesday, November 20, 2001, at 10:30 a.m.,

Present: Reps. Howell, Faunce, Hummel, Koetje, Adamini, Lipsey,

Absent: Reps. Richner, Bisbee, Voorhees, Minore, Waters,

Excused: Reps. Richner, Bisbee, Voorhees, Minore, Waters.

COMMITTEE ATTENDANCE REPORT

The following report, submitted by Rep. Howell, Chair of the Committee on Civil Law and the Judiciary, was received and read:

Meeting held on: Tuesday, November 20, 2001, at 1:00 p.m.,

Present: Reps. Howell, Richner, Faunce, Hummel, Adamini, Lipsey, Minore,

Absent: Reps. Bisbee, Koetje, Voorhees, Waters,

Excused: Reps. Bisbee, Koetje, Voorhees, Waters.

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Tuesday, November 27, 2001, at 9:00 a.m.,

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

Absent: Rep. Lemmons,

Excused: Rep. Lemmons.

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Tuesday, November 27, 2001, at 10:30 a.m.,

Present: Reps. Gilbert, George, DeRossett, Drolet, Gosselin, Hart, Hummel, Ruth Johnson, Julian, Scranton, Anderson, Bovin, Jamnick, Murphy, Neumann,

Absent: Reps. Daniels, Schermesser,

Excused: Reps. Daniels, Schermesser.

Messages from the Senate

House Bill No. 4481, entitled

A bill to amend 1967 PA 281, entitled "An act to meet deficiencies in state funds by providing for the imposition, levy, computation, collection, assessment, and enforcement by lien and otherwise of taxes on or measured by net income; to prescribe the manner and time of making reports and paying the taxes, and the functions of public officers and others as to the taxes; to permit the inspection of the records of taxpayers; to provide for interest and penalties on unpaid taxes; to provide exemptions, credits and refunds of the taxes; to prescribe penalties for the violation of this act; to provide an appropriation; and to repeal certain acts and parts of acts," by amending section 527a (MCL 206.527a), as amended by 1996 PA 484.

The Senate has concurred in the House amendment to the Senate substitute (S-2).

The bill was referred to the Clerk for enrollment printing and presentation to the Governor on November 7, 2001.

House Bill No. 4491, entitled

A bill to amend 1976 PA 451, entitled "The revised school code," by amending section 1284b (MCL 380.1284b), as added by 1999 PA 141.

The Senate has passed the bill, ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title.

The House agreed to the full title.

The bill was referred to the Clerk for enrollment printing and presentation to the Governor on November 6, 2001.

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.

The Senate has passed the bill and ordered that it be given immediate effect.

The bill was referred to the Clerk for enrollment printing and presentation to the Governor on November 8, 2001.

House Bill No. 4868, entitled

A bill to amend 1909 PA 279, entitled "The home rule city act," by amending sections 5i and 35a (MCL 117.5i and 117.35a), section 5i as added by 1994 PA 431.

The Senate has passed the bill, ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title.

The House agreed to the full title.

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

House Bill No. 5036, entitled

A bill to amend 1941 PA 122, entitled "An act to establish a revenue division of the department of treasury; to prescribe its powers and duties as the revenue collection agency of the state; to prescribe certain powers and duties of the state treasurer; to regulate the importation, stamping, and disposition of certain tobacco products; to create the position and to define the powers and duties of the state commissioner of revenue; to provide for the transfer of powers and duties now vested in certain other state boards, commissions, departments and offices; to prescribe certain duties of and require certain reports from the department of treasury; to provide procedures for the payment, administration, audit, assessment, levy of interests or penalties on, and appeals of taxes and tax liability; to prescribe its powers and duties if an agreement to act as agent for a city to administer, collect, and enforce the city income tax act on behalf of a city is entered into with any city; to provide an appropriation; to abolish the state board of tax administration; to prescribe penalties and provide remedies; and to declare the effect of this act," by amending sections 24, 30c, and 31 (MCL 205.24, 205.30c, and 205.31), sections 24 and 31 as amended by 1993 PA 14 and section 30c as amended by 1998 PA 493.

The Senate has passed the bill and ordered that it be given immediate effect.

The bill was referred to the Clerk for enrollment printing and presentation to the Governor on November 6, 2001.

House Bill No. 5181, entitled

A bill to authorize the state administrative board to convey certain property in Grand Traverse county; to prescribe conditions for the conveyance; and to provide for disposition of the revenue from the conveyance.

The Senate has passed the bill and ordered that it be given immediate effect.

The bill was referred to the Clerk for enrollment printing and presentation to the Governor on November 8, 2001.

House Bill No. 4733, entitled

A bill to authorize the board of a school district to award high school diplomas to World War II veterans under certain circumstances; and to prescribe duties and responsibilities of certain state officers and officials.

The Senate has substituted (S-1) the bill.

The Senate has passed the bill as substituted (S-1) and ordered that it be given immediate effect.

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

House Bill No. 4753, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending section 2131 (MCL 324.2131), as added by 1995 PA 60.

1. Amend page 2, line 10, by striking out "$5,000,000.00" and inserting "$2,500,000.00".

The Senate has passed the bill as amended, ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title.

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

House Bill No. 4872, entitled

A bill to amend 1978 PA 639, entitled "Hertel-Law-T. Stopczynski port authority act," by amending section 5 (MCL 120.105).

The Senate has substituted (S-2) the bill.

The Senate has passed the bill as substituted (S-2), ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title.

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

House Bill No. 4995, entitled

A bill to amend 1943 PA 184, entitled "Township zoning act," by amending section 40 (MCL 125.310), as amended by 2000 PA 384, and by adding section 16h.

The Senate has substituted (S-4) the bill.

The Senate has passed the bill as substituted (S-4), ordered that it be given immediate effect and amended the title to read as follows:

A bill to amend 1943 PA 184, entitled "An act to provide for the establishment in townships of zoning districts within which the proper use of land and natural resources may be encouraged or regulated by ordinance, and for which districts provisions may also be adopted designating the location of, the size of, the uses that may be made of, the minimum open spaces, sanitary, safety, and protective measures that shall be required for, and the maximum number of families that may be housed in dwellings, buildings, and structures, including tents and trailer coaches, that are erected or altered; to designate the use of certain state licensed residential facilities; to provide for a method for the adoption of ordinances and amendments to ordinances; to provide for emergency interim ordinances; to provide for the acquisition by purchase, condemnation, or otherwise of nonconforming property; to provide for the administering of ordinances adopted; to provide for conflicts with other acts, ordinances, or regulations; to provide sanctions for violations; to provide for the assessment, levy, and collection of taxes; to provide for the collection of fees for building permits; to provide for petitions, public hearings, and referenda; to provide for appeals; to authorize the purchase of development rights; to authorize the issuance of bonds and notes; to provide for special assessments; and to prescribe penalties and provide remedies," by amending sections 12 and 40 (MCL 125.282 and 125.310), section 12 as amended by 1996 PA 297 and section 40 as amended by 2000 PA 384, and by adding section 16h.

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

House Bill No. 5028, entitled

A bill to amend 1943 PA 183, entitled "County zoning act," by amending section 40 (MCL 125.240), as amended by 2000 PA 385, and by adding section 16h.

The Senate has substituted (S-4) the bill.

The Senate has passed the bill as substituted (S-4), ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title.

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

House Bill No. 5029, entitled

A bill to amend 1921 PA 207, entitled "City and village zoning act," by amending section 20 (MCL 125.600), as amended by 2000 PA 383, and by adding section 4f.

The Senate has substituted (S-4) the bill.

The Senate has passed the bill as substituted (S-4), ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title.

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

House Bill No. 5189, entitled

A bill to enter into the interstate emergency management assistance compact.

The Senate has substituted (S-1) the bill.

The Senate has passed the bill as substituted (S-1) and ordered that it be given immediate effect.

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

Senate Bill No. 173, entitled

A bill to amend 1954 PA 116, entitled "Michigan election law," by amending sections 2, 31, 73, 283, 393, 509y, 509aa, 558, 561, 561a, 590f, 686, 691, 706, 727, 737, 745, 769, 782b, 795, 795c, 799a, 803, 804, 842, 880a, 931, and 992 (MCL 168.2, 168.31, 168.73, 168.283, 168.393, 168.509y, 168.509aa, 168.558, 168.561, 168.561a, 168.590f, 168.686, 168.691, 168.706, 168.727, 168.737, 168.745, 168.769, 168.782b, 168.795, 168.795c, 168.799a, 168.803, 168.804, 168.842, 168.880a, 168.931, and 168.992), sections 2, 73, 283, 393, and 686 as amended by 1999 PA 216, section 31 as amended by 1999 PA 220, sections 509y and 509aa as added by 1994 PA 441, section 558 as amended by 1999 PA 217, section 590f as added by 1988 PA 116, sections 706 and 737 as amended by 1985 PA 160, sections 727 and 769 as amended by 1995 PA 261, section 795 as amended by 1999 PA 218, section 795c as amended by 1990 PA 109, sections 799a and 803 as amended by 1997 PA 137, and section 931 as amended by 1996 PA 583, and by adding sections 560b and 701; and to repeal acts and parts of acts.