No. 19
STATE OF MICHIGAN
JOURNAL
OF THE
House of Representatives
91st Legislature
REGULAR SESSION OF 2002
House Chamber, Lansing, Thursday, February 28, 2002.
12:00 Noon.
The House was called to order by Associate Speaker Pro Tempore Ehardt.
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--excused
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
Hummel--present
Jacobs--present
Jamnick--present
Jansen--present
Jelinek--present
Johnson, Rick--present
Johnson, Ruth--present
Julian--present
Koetje--present
Kolb--present
Kooiman--present
Kowall--present
Kuipers--present
LaSata--present
Lemmons--present
Lipsey--present
Lockwood--present
Mans--present
McConico--present
Mead--present
Meyer--present
Middaugh--present
Minore--excused
Mortimer--present
Murphy--present
Neumann--present
Newell--present
O'Neil--excused
Pappageorge--present
Patterson--present
Pestka--present
Phillips--present
Plakas--present
Pumford--present
Quarles--present
Raczkowski--present
Reeves--present
Richardville--present
Richner--present
Rison--present
Rivet--present
Rocca--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
Van Woerkom--present
Vander Roest--present
Vander Veen--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. Dena Cleaver-Bartholomew, Associate Rector of St. James Episcopal Church in Dexter, and Rev. Dr. David Cleaver-Bartholomew, Pastor of First Congregational Church of Chelsea, U.C.C., offered the following invocation:
"Holy God, holy and mighty, holy, immortal One--You alone are God. You have created all there is and have given us the responsibility of caring for Your creation. Give us, we pray, wisdom and discernment to be good stewards of all Your gifts. You are a God of justice and mercy. Grant us, we pray, the courage to follow Your example in our own relationships and in the work we do together. Loving God, You alone have the power to redeem us. Inspire us, we pray, to be instruments of Your clear vision and reconciling love in this broken world. Gracious God, You move in us and among us to sustain us with Your presence. Give to us an awareness of Your presence in each person that we might treat every human being with dignity and respect. Oh God, You are the source of all life, power, love and wisdom. In You we live, move and have our being. Help us to recognize Your spirit within us and to tune our hearts and minds to Your melody of life--life abundant for this world and all its inhabitants. Help us to use the various gifts and talents that You have entrusted to us for the benefit of all. Grant that we might rise above our own particular interests and perspectives to see things from Your interests and Your perspective. Give us wisdom and courage as we face the challenges before us. Finally, make us instruments of Your peace, justice, mercy, compassion, love and wisdom in the world--not just now but each and everyday of our life. Amen."
______
Rep. Jacobs moved that Reps. Basham and O'Neil be excused from today's session.
The motion prevailed.
Reports of Standing Committees
The Speaker laid before the House
House Resolution No. 256.
A resolution to express support for the proposed aerial gondola spanning the Detroit River and to encourage Windsor and Ontario authorities to expedite the project's approval.
(For text of resolution, see House Journal No. 78 of 2001, p. 2277.)
(The resolution was reported by the Committee on Commerce on February 26, consideration of which, under the rules, was postponed until February 27.)
The question being on the adoption of the resolution,
The resolution was adopted.
The Speaker laid before the House
House Concurrent Resolution No. 57.
A concurrent resolution to express support for the proposed aerial gondola spanning the Detroit River and to encourage Windsor and Ontario authorities to expedite the project's approval.
(For text of resolution, see House Journal No. 12, p. 216.)
(The concurrent resolution was reported by the Committee on Commerce on February 26, consideration of which, under the rules, was postponed until February 27.)
The question being on the adoption of the concurrent resolution,
The concurrent resolution was adopted.
______
Rep. Allen moved that Rep. Rick Johnson be excused temporarily from today's session.
The motion prevailed.
Rep. Jacobs moved that Reps. Hardman and Thomas be excused temporarily from today's session.
The motion prevailed.
Rep. McConico moved that Rep. Phillips be excused temporarily from today's session.
The motion prevailed.
Messages from the Senate
The Speaker laid before the House
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 160, and by adding sections 12a, 12b, 12c, 12d, 12e, 12f, 12g, 12h, 12j, 12k, 12m, and 12n to chapter XVII.
(The bill was received from the Senate on February 21, with substitute (S-1), title amendment and immediate effect given by the Senate, consideration of which, under the rules, was postponed until February 26, see House Journal No. 16, p. 336.)
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. 154 Yeas--101
| Adamini | Frank | Lemmons | Schauer |
| Allen | Garza | Lipsey | Schermesser |
| Anderson | George | Lockwood | Scranton |
| Bernero | Gieleghem | Mans | Shackleton |
| Birkholz | Gilbert | McConico | Sheltrown |
| Bisbee | Godchaux | Mead | Shulman |
| Bishop | Gosselin | Meyer | Spade |
| Bogardus | Hager | Middaugh | Stallworth |
| Bovin | Hale | Mortimer | Stamas |
| Bradstreet | Hansen | Murphy | Stewart |
| Brown, B. | Hart | Neumann | Switalski |
| Brown, C. | Howell | Newell | Tabor |
| Brown, R. | Hummel | Pappageorge | Toy |
| Callahan | Jacobs | Patterson | Van Woerkom |
| Cassis | Jamnick | Pestka | Vander Roest |
| Caul | Jansen | Plakas | Vander Veen |
| Clark, I. | Jelinek | Pumford | Vear |
| Clarke, H. | Johnson, Ruth | Quarles | Voorhees |
| Daniels | Julian | 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: Ehardt
The House agreed to the title as amended.
The bill was referred to the Clerk for enrollment printing and presentation to the Governor.
Third Reading of Bills
House Bill No. 5270, entitled
A bill to amend 1966 PA 189, entitled "An act to provide procedures for making complaints for, obtaining, executing and returning search warrants; and to repeal certain acts and parts of acts," by amending sections 4 and 5 (MCL 780.654 and 780.655).
(The bill was read a third time and postponed for the day on November 1, 2001, see House Journal No. 79 of 2001, p. 2351.)
The question being on the passage of the bill,
Rep. Caul moved to substitute (H-1) the bill.
The motion was seconded and the substitute (H-1) 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. 155 Yeas--102
| Adamini | Frank | Lemmons | Schauer |
| Allen | George | Lipsey | Schermesser |
| Anderson | Gieleghem | Lockwood | Scranton |
| Bernero | Gilbert | Mans | Shackleton |
| Birkholz | Godchaux | McConico | Sheltrown |
| Bisbee | Gosselin | Mead | Shulman |
| Bishop | Hager | Meyer | Spade |
| Bogardus | Hale | Middaugh | Stallworth |
| Bovin | Hansen | Mortimer | Stamas |
| Bradstreet | Hardman | Murphy | Stewart |
| Brown, B. | Hart | Neumann | Switalski |
| Brown, C. | Howell | Newell | Tabor |
| Brown, R. | Hummel | Pappageorge | Thomas |
| Callahan | Jacobs | Patterson | Toy |
| Cassis | Jamnick | Pestka | Van Woerkom |
| Caul | Jansen | Phillips | Vander Roest |
| Clark, I. | Jelinek | Plakas | Vander Veen |
| Clarke, H. | Johnson, Rick | Pumford | Vear |
| Daniels | Johnson, Ruth | Raczkowski | Voorhees |
| Dennis | Julian | Reeves | Whitmer |
| DeRossett | Koetje | Richardville | Williams |
| DeVuyst | Kolb | Richner | Wojno |
| DeWeese | Kooiman | Rison | Woodward |
| Drolet | Kowall | Rivet | Woronchak |
| Ehardt | Kuipers | Rocca | Zelenko |
Faunce LaSata
Nays--0
In The Chair: Ehardt
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 1966 PA 189, entitled "An act to provide procedures for making complaints for, obtaining, executing and returning search warrants; and to repeal certain acts and parts of acts," by amending section 1 (MCL 780.651), as amended by 1990 PA 43.
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.
By unanimous consent the House returned to the order of
Messages from the Senate
The Speaker laid before the House
House Bill No. 5026, entitled
A bill to amend 1931 PA 328, entitled "The Michigan penal code," by amending section 231a (MCL 750.231a).
(The bill was received from the Senate on January 30, with substitute (S-1), full title inserted and immediate effect given by the Senate, consideration of which, under the rules, was postponed until January 31, see House Journal No. 6, p. 91.)
The question being on concurring in the substitute (S-1) made to the bill by the Senate,
Rep. Vear moved to substitute (H-4) the Senate substitute (S-1).
The motion prevailed and the substitute (H-4) was adopted, a majority of the members serving voting therefor.
The question being on concurring in the substitute (S-1) made to the bill by the Senate,
The substitute (S-1) as substituted (H-4), was concurred in, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 156 Yeas--97
| Adamini | Frank | Lemmons | Schermesser |
| Allen | Garza | Lipsey | Scranton |
| Anderson | George | Lockwood | Shackleton |
| Bernero | Gieleghem | Mans | Sheltrown |
| Birkholz | Gilbert | Mead | Shulman |
| Bisbee | Gosselin | Meyer | Spade |
| Bishop | Hager | Middaugh | Stallworth |
| Bovin | Hale | Mortimer | Stamas |
| Bradstreet | Hansen | Murphy | Stewart |
| Brown, B. | Hart | Neumann | Switalski |
| Brown, C. | Howell | Newell | Tabor |
| Brown, R. | Hummel | Pappageorge | Thomas |
| Callahan | Jamnick | Patterson | Toy |
| Cassis | Jansen | Pestka | Van Woerkom |
| Caul | Jelinek | Plakas | Vander Roest |
| Clark, I. | Johnson, Rick | Pumford | Vander Veen |
| Clarke, H. | Johnson, Ruth | Quarles | Vear |
| Daniels | Julian | Raczkowski | Voorhees |
| Dennis | Koetje | Reeves | Whitmer |
| DeRossett | Kolb | Richardville | Williams |
| DeVuyst | Kooiman | Richner | Wojno |
| DeWeese | Kowall | Rivet | Woodward |
| Drolet | Kuipers | Rocca | Woronchak |
| Ehardt | LaSata | Schauer | Zelenko |
Faunce
Nays--6
Bogardus Jacobs Phillips Waters
Hardman McConico
In The Chair: Ehardt
The House agreed to the full title of the bill.
Third Reading of Bills
Senate Bill No. 451, entitled
A bill to amend 1956 PA 218, entitled "The insurance code of 1956," by amending section 2006 (MCL 500.2006).
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 157 Yeas--102
| Adamini | Garza | Lemmons | Schauer |
| Allen | George | Lipsey | Schermesser |
| Anderson | Gieleghem | Lockwood | Shackleton |
| Bernero | Gilbert | Mans | Sheltrown |
| Birkholz | Godchaux | McConico | Shulman |
| Bisbee | Gosselin | Mead | Spade |
| Bishop | Hager | Meyer | Stallworth |
| Bogardus | Hale | Middaugh | Stamas |
| Bovin | Hansen | Mortimer | Stewart |
| Bradstreet | Hardman | Murphy | Switalski |
| Brown, B. | Hart | Neumann | Tabor |
| Brown, C. | Howell | Newell | Thomas |
| Brown, R. | Hummel | Pappageorge | Toy |
| Callahan | Jacobs | Patterson | Van Woerkom |
| Cassis | Jamnick | Pestka | Vander Roest |
| Caul | Jansen | Phillips | Vander Veen |
| Clark, I. | Jelinek | Plakas | Vear |
| Clarke, H. | Johnson, Rick | Pumford | Voorhees |
| Daniels | Johnson, Ruth | Quarles | Waters |
| Dennis | Julian | Raczkowski | Whitmer |
| DeRossett | Koetje | Reeves | Williams |
| DeVuyst | Kolb | Richardville | Wojno |
| DeWeese | Kooiman | Richner | Woodward |
| Ehardt | Kowall | Rison | Woronchak |
| Faunce | Kuipers | Rocca | Zelenko |
Frank LaSata
Nays--2
Drolet Scranton
In The Chair: Ehardt
Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows:
"An act to revise, consolidate, and classify the laws relating to the insurance and surety business; to regulate the incorporation or formation of domestic insurance and surety companies and associations and the admission of foreign and alien companies and associations; to provide their rights, powers, and immunities and to prescribe the conditions on which companies and associations organized, existing, or authorized under this act may exercise their powers; to provide the rights, powers, and immunities and to prescribe the conditions on which other persons, firms, corporations, associations, risk retention groups, and purchasing groups engaged in an insurance or surety business may exercise their powers; to provide for the imposition of a privilege fee on domestic insurance companies and associations and the state accident fund; to provide for the imposition of a tax on the business of foreign and alien companies and associations; to provide for the imposition of a tax on risk retention groups and purchasing groups; to provide for the imposition of a tax on the business of surplus line agents; to provide for the imposition of regulatory fees on certain insurers; to modify tort liability arising out of certain accidents; to provide for limited actions with respect to that modified tort liability and to prescribe certain procedures for maintaining those actions; to require security for losses arising out of certain accidents; to provide for the continued availability and affordability of automobile insurance and homeowners insurance in this state and to facilitate the purchase of that insurance by all residents of this state at fair and reasonable rates; to provide for certain reporting with respect to insurance and with respect to certain claims against uninsured or self-insured persons; to prescribe duties for certain state departments and officers with respect to that reporting; to provide for certain assessments; to establish and continue certain state insurance funds; to modify and clarify the status, rights, powers, duties, and operations of the nonprofit malpractice insurance fund; to provide for the departmental supervision and regulation of the insurance and surety business within this state; to provide for regulation over worker's compensation self-insurers; to provide for the conservation, rehabilitation, or liquidation of unsound or insolvent insurers; to provide for the protection of policyholders, claimants, and creditors of unsound or insolvent insurers; to provide for associations of insurers to protect policyholders and claimants in the event of insurer insolvencies; to prescribe educational requirements for insurance agents and solicitors; to provide for the regulation of multiple employer welfare arrangements; to create an automobile theft prevention authority to reduce the number of automobile thefts in this state; to prescribe the powers and duties of the automobile theft prevention authority; to provide certain powers and duties upon certain officials, departments, and authorities of this state; to repeal acts and parts of acts; and to provide penalties for the violation of this act,".
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.
______
Rep. Drolet, 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:
Many centuries of western legal tradition have established that contract disputes belong in courthouses, not statehouses. Those who crafted our form of government long ago determined that justice is best secured when judges, rather than legislators, are charged with dispensing fair and impartial rulings regarding business disputes between citizens. If the concept of separation of powers is to mean anything, then the enforcement of existing contracts between private parties belongs to the judicial branch of government. That concept should not be rendered invalid merely because the plaintiff is a doctor and the defendant is an insurance company.
Government should be kept limited to its proper place, and so should the component parts of government. These bills represent legislative over-reach into the judicial branch. Bills such as these have passed before, only to be vetoed by the Governor. I strongly encourage him to reject them again. The political process is a poor substitute for due process."
______
Rep. Vander Roest moved that Rep. Pumford be excused temporarily from today's session.
The motion prevailed.
Senate Bill No. 452, entitled
A bill to amend 1980 PA 350, entitled "The nonprofit health care corporation reform act," by amending section 403 (MCL 550.1403).
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 158 Yeas--102
| Adamini | Garza | Lemmons | Schauer |
| Allen | George | Lipsey | Schermesser |
| Anderson | Gieleghem | Lockwood | Shackleton |
| Bernero | Gilbert | Mans | Sheltrown |
| Birkholz | Godchaux | McConico | Shulman |
| Bisbee | Gosselin | Mead | Spade |
| Bishop | Hager | Meyer | Stallworth |
| Bogardus | Hale | Middaugh | Stamas |
| Bovin | Hansen | Mortimer | Stewart |
| Bradstreet | Hardman | Murphy | Switalski |
| Brown, B. | Hart | Neumann | Tabor |
| Brown, C. | Howell | Newell | Thomas |
| Brown, R. | Hummel | Pappageorge | Toy |
| Callahan | Jacobs | Patterson | Van Woerkom |
| Cassis | Jamnick | Pestka | Vander Roest |
| Caul | Jansen | Phillips | Vander Veen |
| Clark, I. | Jelinek | Plakas | Vear |
| Clarke, H. | Johnson, Rick | Quarles | Voorhees |
| Daniels | Johnson, Ruth | Raczkowski | Waters |
| Dennis | Julian | Reeves | Whitmer |
| DeRossett | Koetje | Richardville | Williams |
| DeVuyst | Kolb | Richner | Wojno |
| DeWeese | Kooiman | Rison | Woodward |
| Ehardt | Kowall | Rivet | Woronchak |
| Faunce | Kuipers | Rocca | Zelenko |
Frank LaSata
Nays--2
Drolet Scranton
In The Chair: Ehardt
Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows:
"An act to provide for the incorporation of nonprofit health care corporations; to provide their rights, powers, and immunities; to prescribe the powers and duties of certain state officers relative to the exercise of those rights, powers, and immunities; to prescribe certain conditions for the transaction of business by those corporations in this state; to define the relationship of health care providers to nonprofit health care corporations and to specify their rights, powers, and immunities with respect thereto; to provide for a Michigan caring program; to provide for the regulation and supervision of nonprofit health care corporations by the commissioner of insurance; to prescribe powers and duties of certain other state officers with respect to the regulation and supervision of nonprofit health care corporations; to provide for the imposition of a regulatory fee; to regulate the merger or consolidation of certain corporations; to prescribe an expeditious and effective procedure for the maintenance and conduct of certain administrative appeals relative to provider class plans; to provide for certain administrative hearings relative to rates for health care benefits; to provide for certain causes of action; to prescribe penalties and to provide civil fines for violations of this act; and to repeal certain 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.
______
Rep. Jacobs moved that Reps. Wojno and Schermesser be excused temporarily from today's session.
The motion prevailed.
Second Reading of Bills
House Bill No. 5732, entitled
A bill to amend 1943 PA 240, entitled "State employees' retirement act," by amending sections 1b, 1d, 5, 11, 13, 19, 20, 20d, 21, 24, 33, 38, 46, 48, 49, and 52 (MCL 38.1b, 38.1d, 38.5, 38.11, 38.13, 38.19, 38.20, 38.20d, 38.21, 38.24, 38.33, 38.38, 38.46, 38.48, 38.49, and 38.52), section 1b as amended by 1996 PA 33, sections 1d and 49 as added by 1995 PA 176, sections 11 and 13 as amended and section 52 as added by 1996 PA 487, section 19 as amended by 1998 PA 205, section 20 as amended by 1996 PA 521, section 20d as amended by 1996 PA 532, section 38 as amended by 1996 PA 279, and section 48 as added by 1990 PA 110, and by adding section 19g.
(The bill was read a second time and postponed for the day on February 27, see House Journal No. 18, p. 388.)
Rep. Williams moved to amend the bill as follows:
1. Amend page 6, line 12, by striking out all of section 11.
2. Amend page 33, line 1, by striking out all of section 20d.
3. Amend page 38, line 7, by striking out all of section 38.
4. Amend page 49, line 18, by striking out all of section 52.
The question being on the adoption of the amendments offered by Rep. Williams,
Rep. Williams demanded the yeas and nays.
The demand was supported.
The question being on the adoption of the amendments offered by Rep. Williams,
The amendments were not adopted, a majority of the members serving not voting therefor, by yeas and nays, as follows:
Roll Call No. 159 Yeas--48
| Adamini | Frank | Lockwood | Schauer |
| Anderson | Garza | Mans | Sheltrown |
| Bernero | Gieleghem | McConico | Spade |
| Bogardus | Godchaux | Murphy | Stallworth |
| Bovin | Hale | Neumann | Switalski |
| Brown, B. | Hansen | Pestka | Thomas |
| Brown, R. | Hardman | Phillips | Waters |
| Callahan | Jacobs | Plakas | Whitmer |
| Clark, I. | Jamnick | Quarles | Williams |
| Clarke, H. | Kolb | Reeves | Woodward |
| Daniels | Lemmons | Rison | Woronchak |
| Dennis | Lipsey | Rivet | Zelenko |
Nays--53
| Allen | George | Kooiman | Richardville |
| Birkholz | Gilbert | Kowall | Richner |
| Bisbee | Gosselin | Kuipers | Shackleton |
| Bishop | Hager | LaSata | Shulman |
| Bradstreet | Hart | Mead | Stamas |
| Brown, C. | Howell | Meyer | Stewart |
| Cassis | Hummel | Middaugh | Tabor |
| Caul | Jansen | Mortimer | Toy |
| DeRossett | Jelinek | Newell | Van Woerkom |
| DeVuyst | Johnson, Rick | Pappageorge | Vander Roest |
| DeWeese | Johnson, Ruth | Patterson | Vander Veen |
| Drolet | Julian | Pumford | Vear |
| Ehardt | Koetje | Raczkowski | Voorhees |
Faunce
In The Chair: Ehardt
Rep. Bernero moved to amend the bill as follows:
1. Amend page 25, line 18, after "SHALL" by inserting "NOT".
2. Amend page 50, line 15, by striking out all of enacting section 1.
The question being on the adoption of the amendments offered by Rep. Bernero,
Rep. Bernero demanded the yeas and nays.
The demand was supported.
The question being on the adoption of the amendments offered by Rep. Bernero,
The amendments were not adopted, a majority of the members serving not voting therefor, by yeas and nays, as follows:
Roll Call No. 160 Yeas--44
| Adamini | DeWeese | Mans | Schauer |
| Bernero | Frank | McConico | Sheltrown |
| Bogardus | Garza | Murphy | Spade |
| Bovin | Hale | Neumann | Stallworth |
| Brown, B. | Hansen | Pestka | Switalski |
| Brown, R. | Hardman | Phillips | Thomas |
| Callahan | Jacobs | Plakas | Waters |
| Clark, I. | Kolb | Quarles | Whitmer |
| Clarke, H. | Lemmons | Reeves | Williams |
| Daniels | Lipsey | Rison | Woodward |
| Dennis | Lockwood | Rivet | Zelenko |
Nays--57
| Allen | Gilbert | Kowall | Rocca |
| Anderson | Godchaux | Kuipers | Scranton |
| Birkholz | Gosselin | LaSata | Shackleton |
| Bisbee | Hager | Mead | Shulman |
| Bishop | Hart | Meyer | Stamas |
| Bradstreet | Howell | Middaugh | Stewart |
| Brown, C. | Hummel | Mortimer | Tabor |
| Cassis | Jansen | Newell | Toy |
| Caul | Jelinek | Pappageorge | Van Woerkom |
| DeRossett | Johnson, Rick | Patterson | Vander Roest |
| DeVuyst | Johnson, Ruth | Pumford | Vander Veen |
| Drolet | Julian | Raczkowski | Vear |
| Ehardt | Koetje | Richardville | Voorhees |
| Faunce | Kooiman | Richner | Woronchak |
George
In The Chair: Ehardt
Rep. Bernero moved to amend the bill as follows:
1. Amend page 25, line 3, after "2002." by striking out "A WRITTEN APPLICATION SUBMITTED BY A MEMBER AND NOT WITHDRAWN ON OR BEFORE MAY 15, 2002 IS IRREVOCABLE." and inserting "A WRITTEN APPLICATION SUBMITTED BY A MEMBER AND NOT WITHDRAWN ON OR BEFORE MAY 15, 2002 IS ONLY REVOCABLE IF THE RETIREMENT BOARD DETERMINES THAT GOOD CAUSE FOR REVOCATION EXISTS AND THE WRITTEN APPLICATION IS WITHDRAWN BY THE MEMBER ON OR BEFORE THE RETIREMENT DATE.".
The question being on the adoption of the amendment offered by Rep. Bernero,
Rep. Bernero demanded the yeas and nays.
The demand was supported.
The question being on the adoption of the amendment offered by Rep. Bernero,
The amendment was not adopted, a majority of the members serving not voting therefor, by yeas and nays, as follows:
Roll Call No. 161 Yeas--45
| Adamini | Frank | Lockwood | Rivet |
| Anderson | Garza | Mans | Schauer |
| Bernero | Gieleghem | McConico | Sheltrown |
| Bogardus | Hale | Murphy | Spade |
| Bovin | Hansen | Neumann | Switalski |
| Brown, B. | Hardman | Pestka | Thomas |
| Brown, R. | Jacobs | Phillips | Waters |
| Callahan | Jamnick | Plakas | Whitmer |
| Clark, I. | Kolb | Quarles | Williams |
| Clarke, H. | Lemmons | Reeves | Woodward |
| Daniels | Lipsey | Rison | Zelenko |
Dennis
Nays--57
| Allen | Gilbert | Kowall | Rocca |
| Birkholz | Godchaux | Kuipers | Scranton |
| Bisbee | Gosselin | LaSata | Shackleton |
| Bishop | Hager | Mead | Shulman |
| Bradstreet | Hart | Meyer | Stamas |
| Brown, C. | Howell | Middaugh | Stewart |
| Cassis | Hummel | 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 | Raczkowski | Vear |
| Ehardt | Koetje | Richardville | Voorhees |
| Faunce | Kooiman | Richner | Woronchak |
George
In The Chair: Ehardt
Rep. Bernero moved to amend the bill as follows:
1. Amend page 16, line 11, after "(5)" by inserting "OR BEGINNING OCTOBER 1, 2004, A MEMBER WHO IS 50 YEARS OF AGE OR OLDER AND WHOSE COMBINED AGE AND YEARS OF CREDITED SERVICE IS EQUAL TO OR GREATER THAN 80 YEARS".
2. Amend page 16, line 17, after "20(1)" by inserting "WITHOUT REGARD TO THE REDUCTION IN SUBSECTION (2)".
The question being on the adoption of the amendments offered by Rep. Bernero,
Rep. Bernero demanded the yeas and nays.
The demand was supported.
The question being on the adoption of the amendments offered by Rep. Bernero,
The amendments were not adopted, a majority of the members serving not voting therefor, by yeas and nays, as follows:
Roll Call No. 162 Yeas--39
| Adamini | Frank | Lockwood | Schauer |
| Bernero | Garza | Mans | Sheltrown |
| Bogardus | Gieleghem | McConico | Spade |
| Bovin | Hale | Murphy | Thomas |
| Brown, R. | Hansen | Neumann | Waters |
| Callahan | Hardman | Phillips | Whitmer |
| Clark, I. | Jacobs | Plakas | Williams |
| Clarke, H. | Jamnick | Quarles | Woodward |
| Daniels | Kolb | Reeves | Zelenko |
| Dennis | Lemmons | Rison |
Nays--62
| Allen | George | Kuipers | Rocca |
| Anderson | Gilbert | LaSata | Scranton |
| Birkholz | Godchaux | Lipsey | Shackleton |
| Bisbee | Gosselin | Mead | Shulman |
| Bishop | Hager | Meyer | Stamas |
| Bradstreet | Hart | Middaugh | Stewart |
| Brown, B. | Howell | Mortimer | Switalski |
| Brown, C. | Hummel | Newell | Tabor |
| Cassis | Jansen | Pappageorge | Toy |
| Caul | Jelinek | Patterson | Van Woerkom |
| DeRossett | Johnson, Rick | Pumford | Vander Roest |
| DeVuyst | Johnson, Ruth | Raczkowski | Vander Veen |
| DeWeese | Julian | Richardville | Vear |
| Drolet | Koetje | Richner | Voorhees |
| Ehardt | Kooiman | Rivet | Woronchak |
Faunce Kowall
In The Chair: Ehardt
Rep. Williams moved to amend the bill as follows:
1. Amend page 37, line 6, after "examination." by inserting "THE RETIREMENT BOARD SHALL NOT REQUIRE A DISABILITY RETIRANT TO UNDERGO MORE THAN 1 MEDICAL EXAMINATION IN ANY CALENDAR YEAR.".
The question being on the adoption of the amendment offered by Rep. Williams,
Rep. Williams demanded the yeas and nays.
The demand was supported.
The question being on the adoption of the amendment offered by Rep. Williams,
The amendment was adopted, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 163 Yeas--103
| Adamini | Frank | LaSata | Rocca |
| Allen | Garza | Lemmons | Schauer |
| Anderson | George | Lipsey | Scranton |
| Bernero | Gieleghem | Lockwood | Shackleton |
| Birkholz | Gilbert | Mans | Sheltrown |
| Bisbee | Godchaux | McConico | Shulman |
| Bishop | Gosselin | Mead | Spade |
| Bogardus | Hager | Meyer | Stallworth |
| Bovin | Hale | Middaugh | Stamas |
| Bradstreet | Hansen | Mortimer | Stewart |
| Brown, B. | Hardman | Murphy | Switalski |
| Brown, C. | Hart | Neumann | Tabor |
| Brown, R. | Howell | Newell | Thomas |
| Callahan | Hummel | Pappageorge | Toy |
| Cassis | Jacobs | Patterson | Van Woerkom |
| Caul | Jamnick | Pestka | Vander Roest |
| Clark, I. | Jansen | Phillips | Vander Veen |
| Clarke, H. | Jelinek | Plakas | Vear |
| Daniels | Johnson, Rick | Pumford | Voorhees |
| Dennis | Johnson, Ruth | Quarles | Waters |
| DeRossett | Julian | Raczkowski | Whitmer |
| DeVuyst | Koetje | Reeves | Williams |
| DeWeese | Kolb | Richardville | Woodward |
| Drolet | Kooiman | Richner | Woronchak |
| Ehardt | Kowall | Rison | Zelenko |
| Faunce | Kuipers | Rivet |
Nays--0
In The Chair: Ehardt
Reps. Shackleton, Vear, Hummel and Ehardt moved to amend the bill as follows:
1. Amend page 24, line 5, by striking out all of subdivision (E) and inserting:
"(E) AS OF JULY 1, 2002, THE MEMBER IS NOT ELIGIBLE FOR A SUPPLEMENTAL EARLY RETIREMENT UNDER SECTION 46 AS A COVERED EMPLOYEE DEFINED IN SECTION 45.".
2. Amend page 25, line 6, by striking out all of subdivision (E) and inserting:
"(E) AS OF JULY 1, 2002, THE MEMBER IS NOT ELIGIBLE FOR A SUPPLEMENTAL EARLY RETIREMENT UNDER SECTION 46 AS A COVERED EMPLOYEE DEFINED IN SECTION 45.".
The motion prevailed and the amendments were adopted, a majority of the members serving voting therefor.
Rep. Bernero moved to amend the bill as follows:
1. Amend page 49, following line 17, by inserting:
"SEC. 49A. ANY FEDERALLY FUNDED POSITION THAT BECOMES VACANT AS A RESULT OF THIS ACT SHALL BE FILLED BY MEMBERS.".
The question being on the adoption of the amendment offered by Rep. Bernero,
Rep. Bernero demanded the yeas and nays.
The demand was supported.
The question being on the adoption of the amendment offered by Rep. Bernero,
The amendment was not adopted, a majority of the members serving not voting therefor, by yeas and nays, as follows:
Roll Call No. 164 Yeas--45
| Adamini | Frank | Lockwood | Rivet |
| Anderson | Garza | Mans | Schauer |
| Bernero | Gieleghem | McConico | Spade |
| Bogardus | Hale | Murphy | Stallworth |
| Bovin | Hansen | Neumann | Switalski |
| Brown, B. | Hardman | Pestka | Thomas |
| Brown, R. | Jacobs | Phillips | Waters |
| Callahan | Jamnick | Plakas | Whitmer |
| Clark, I. | Kolb | Quarles | Williams |
| Clarke, H. | Lemmons | Reeves | Woodward |
| Daniels | Lipsey | Rison | Zelenko |
Dennis
Nays--57
| Allen | Gilbert | Kowall | Rocca |
| Birkholz | Godchaux | Kuipers | Scranton |
| Bisbee | Gosselin | LaSata | Sheltrown |
| Bishop | Hager | Mead | Shulman |
| Bradstreet | Hart | Meyer | Stamas |
| Brown, C. | Howell | Middaugh | Stewart |
| Cassis | Hummel | 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 | Raczkowski | Vear |
| Ehardt | Koetje | Richardville | Voorhees |
| Faunce | Kooiman | Richner | Woronchak |
George
In The Chair: Ehardt
______
Rep. DeWeese, having reserved the right to explain his nay vote, made the following statement:
"Mr. Speaker and members of the House:
I voted against this amendment because it severely limits the pool of qualified candidates from which the state can select to fill a federally funded position that is vacant by an early retirant. Defined benefit members opted to switch to defined contribution system in 1997. In addition, all employees who are hired after March 31, 1997 are members of the defined contribution system. So not only will the state be prohibited from filling the positions with individuals who are not state employees, even among state employees the application pool will be limited. This limitation may jeapordize some of the funds we receive from the Federal government if we can't find eligible employees from the limited subset of employees this amendment would provide."
Rep. Schauer moved to amend the bill as follows:
1. Amend page 24, following line 6, by inserting:
"(F) THE MEMBER IS EMPLOYED IN A COVERED POSITION AS DEFINED IN SECTION 45 AND MEETS THE CRITERIA FOR ELIGIBILITY FOR A SUPPLEMENTAL EARLY RETIREMENT ALLOWANCE UNDER SECTION 46." and relettering the remaining subdivision.
2. Amend page 43, following line 3, by inserting:
"(4) A SUPPLEMENTAL MEMBER WHO IS ELIGIBLE TO RETIRE UNDER THIS SECTION AND RECEIVE A SUPPLEMENTAL RETIREMENT ALLOWANCE AS DETERMINED UNDER SECTION 47 MAY ALSO ELECT TO RETIRE AND RECEIVE A RETIREMENT ALLOWANCE UNDER SECTION 19G IF THE SUPPLEMENTAL MEMBER EXECUTES AND FILES A WRITTEN APPLICATION WITH THE RETIREMENT BOARD, ON OR AFTER APRIL 1, 2002, BUT NOT LATER THAN APRIL 30, 2002, STATING A DATE ON OR AFTER JULY 1, 2002, BUT NOT LATER THAN NOVEMBER 1, 2002, ON WHICH HE OR SHE WANTS TO RETIRE. A SUPPLEMENTAL MEMBER MAY WITHDRAW A WRITTEN APPLICATION ON OR BEFORE MAY 15, 2002. A WRITTEN APPLICATION SUBMITTED BY A MEMBER AND NOT WITHDRAWN ON OR BEFORE MAY 15, 2002 IS IRREVOCABLE. THE SUPPLEMENTAL MEMBER WHO IS ENTITLED TO A RETIREMENT ALLOWANCE CALCULATED UNDER SECTION 19G SHALL NOT RECEIVE THE RETIREMENT ALLOWANCE CALCULATED UNDER SECTION 19G UNTIL THE SUPPLEMENTAL MEMBER BECOMES 62 YEARS OF AGE.".
The question being on the adoption of the amendments offered by Rep. Schauer,
Rep. Schauer demanded the yeas and nays.
The demand was supported.
The question being on the adoption of the amendments offered by Rep. Schauer,
The amendments were not adopted, a majority of the members serving not voting therefor, by yeas and nays, as follows:
Roll Call No. 165 Yeas--49
| Adamini | Garza | McConico | Shackleton |
| Allen | Gieleghem | Mortimer | Sheltrown |
| Anderson | Hale | Murphy | Spade |
| Bernero | Hansen | Neumann | Stallworth |
| Bogardus | Hardman | Pestka | Switalski |
| Bovin | Jacobs | Phillips | Thomas |
| Brown, B. | Jamnick | Plakas | Vear |
| Brown, R. | Kolb | Quarles | Waters |
| Callahan | Lemmons | Reeves | Whitmer |
| Clark, I. | Lipsey | Rison | Williams |
| Clarke, H. | Lockwood | Rocca | Woodward |
| Dennis | Mans | Schauer | Zelenko |
Frank
Nays--52
| Birkholz | George | Koetje | Richardville |
| Bisbee | Gilbert | Kooiman | Richner |
| Bishop | Godchaux | Kowall | Scranton |
| Bradstreet | Gosselin | Kuipers | Shulman |
| Brown, C. | Hager | LaSata | Stamas |
| Cassis | Hart | Mead | Stewart |
| Caul | Howell | Meyer | Tabor |
| DeRossett | Hummel | Middaugh | Toy |
| DeVuyst | Jansen | Newell | Van Woerkom |
| DeWeese | Jelinek | Pappageorge | Vander Roest |
| Drolet | Johnson, Rick | Patterson | Vander Veen |
| Ehardt | Johnson, Ruth | Pumford | Voorhees |
| Faunce | Julian | Raczkowski | Woronchak |
In The Chair: Ehardt
Rep. Daniels moved to amend the bill as follows:
1. Amend page 28, following line 2, by inserting:
"(9) A MEMBER MAY TRANSFER OR PURCHASE SERVICE CREDIT EARNED WHEN THE MEMBER WAS AN EMPLOYEE OF A CITY WITH A POPULATION OVER 750,000 IF ALL OF THE FOLLOWING APPLY:
(A) THE MEMBER BECAME A MEMBER ON SEPTEMBER 1, 1981.
(B) THE MEMBER WAS EMPLOYED BY A CITY WITH A POPULATION OVER 750,000 ON AUGUST 31, 1981.
(C) THE PENSION SYSTEM OF THE CITY WITH A POPULATION OVER 750,000 OR THE CITY WITH A POPULATION OVER 750,000 AGREES TO CONTRIBUTE THE ACTUARIAL COST OF THE SERVICE CREDIT TRANSFERRED OR PURCHASED TO THE RETIREMENT SYSTEM.
(10) THE COST OF SERVICE CREDIT THAT IS PURCHASED PURSUANT TO SUBSECTION (9) SHALL BE CALCULATED BY USING THE REFUND OF CONTRIBUTION PLUS INTEREST METHOD WITH NO LIMIT.".
The motion prevailed and the amendment was adopted, a majority of the members serving voting therefor.
Rep. Bernero moved to amend the bill as follows:
1. Amend page 50, following line 14, by inserting:
"SEC. 69A. BEFORE PRIVATIZING ANY SERVICES OR ACTIVITIES CURRENTLY PROVIDED BY STATE EMPLOYEES BECAUSE OF VACANCIES CAUSED BY THE AMENDATORY ACT THAT ADDED THIS SECTION, THE STATE DEPARTMENT OR AGENCY WISHING TO PRIVATIZE, SHALL SUBMIT TO THE HOUSE OF REPRESENTATIVES AND SENATE APPROPRIATIONS COMMITTEES A DETAILED PRE-PRIVATIZATION COST-BENEFIT ANALYSIS. THIS ANALYSIS SHALL UTILIZE THE MOST ACCURATE, RELIABLE, AND OBJECTIVE DATA AVAILABLE AND USE THE MOST ACTUARIALLY SOUND TECHNIQUES AVAILABLE TO THE DEPARTMENT OR AGENCY. INCLUDED IN THIS ANALYSIS SHALL BE A DETAILED COMPARISON OF THE ANNUAL ESTIMATED COSTS THAT WILL BE INCURRED BY THE STATE OVER THE NEXT 5 YEARS IF:
(A) THE SERVICE OR ACTIVITY CONTINUES TO BE PROVIDED BY STATE EMPLOYEES.
(B) THE SERVICE OR ACTIVITY IS PRIVATIZED. THE COSTS OF PRIVATIZING THESE SERVICES SHALL INCLUDE THE COSTS OF ALL NECESSARY MONITORING AND OVERSIGHT OF THE PRIVATE ENTITY BY THE STATE. IT SHALL USE ONLY ACCURATE AND UP-TO-DATE BIDS FROM REPUTABLE COMPANIES THAT ARE PROPERLY BONDED SO AS NOT TO EXPOSE THE STATE TO ANY POTENTIAL FUTURE LIABILITY OR LEGAL CAUSES OF ACTION.
(2) THE DEPARTMENT OR AGENCY SHALL NOT COMMENCE ANY EFFORTS TO PRIVATIZE THE SERVICES OR ACTIVITIES CURRENTLY PROVIDED BY STATE EMPLOYEES UNTIL THE COST-BENEFIT ANALYSIS OUTLINED IN SUBSECTION (1) HAS BEEN REVIEWED AND APPROVED BY BOTH THE HOUSE OF REPRESENTATIVES AND SENATE APPROPRIATIONS COMMITTEES AND IT SHOWS A COST SAVINGS OF AT LEAST 5% OVER THE COSTS OF CONTINUING TO PROVIDE THE SERVICE OR ACTIVITY USING STATE EMPLOYEES.".
The question being on the adoption of the amendment offered by Rep. Bernero,
Rep. Bernero demanded the yeas and nays.
The demand was supported.
The question being on the adoption of the amendment offered by Rep. Bernero,
The amendment was not adopted, a majority of the members serving not voting therefor, by yeas and nays, as follows:
Roll Call No. 166 Yeas--49
| Adamini | DeWeese | Lockwood | Schauer |
| Allen | Frank | Mans | Shackleton |
| Anderson | Garza | McConico | Sheltrown |
| Bernero | Gieleghem | Murphy | Spade |
| Bogardus | Hale | Neumann | Stallworth |
| Bovin | Hansen | Pestka | Switalski |
| Brown, B. | Hardman | Phillips | Thomas |
| Brown, R. | Jacobs | Plakas | Waters |
| Callahan | Jamnick | Quarles | Whitmer |
| Clark, I. | Kolb | Reeves | Williams |
| Clarke, H. | Lemmons | Rison | Woodward |
| Daniels | Lipsey | Rivet | Zelenko |
Dennis
Nays--54
| Birkholz | Godchaux | Kuipers | Rocca |
| Bisbee | Gosselin | LaSata | Scranton |
| Bishop | Hager | Mead | Shulman |
| Bradstreet | Hart | Meyer | Stamas |
| Brown, C. | Howell | Middaugh | Stewart |
| Cassis | Hummel | Mortimer | Tabor |
| Caul | Jansen | Newell | Toy |
| DeRossett | Jelinek | Pappageorge | Van Woerkom |
| DeVuyst | Johnson, Rick | Patterson | Vander Roest |
| Drolet | Johnson, Ruth | Pumford | Vander Veen |
| Ehardt | Julian | Raczkowski | Vear |
| Faunce | Koetje | Richardville | Voorhees |
| George | Kooiman | Richner | Woronchak |
Gilbert Kowall
In The Chair: Ehardt
Rep. Williams moved to amend the bill as follows:
1. Amend page 34, line 11, by striking out all of sections 21, 24, and 33.
The question being on the adoption of the amendment offered by Rep. Williams,
Rep. Williams demanded the yeas and nays.
The demand was supported.
The question being on the adoption of the amendment offered by Rep. Williams,
The amendment was not adopted, a majority of the members serving not voting therefor, by yeas and nays, as follows:
Roll Call No. 167 Yeas--49
| Adamini | Garza | Mans | Schauer |
| Anderson | Gieleghem | McConico | Sheltrown |
| Bernero | Godchaux | Murphy | Spade |
| Bogardus | Hale | Neumann | Stallworth |
| Bovin | Hansen | Pestka | Switalski |
| Brown, B. | Hardman | Phillips | Thomas |
| Brown, R. | Jacobs | Plakas | Waters |
| Callahan | Jamnick | Quarles | Whitmer |
| Clark, I. | Kolb | Reeves | Williams |
| Clarke, H. | Lemmons | Rison | Woodward |
| Daniels | Lipsey | Rivet | Woronchak |
| Dennis | Lockwood | Rocca | Zelenko |
Frank
Nays--54
| Allen | George | Kowall | Richner |
| Birkholz | Gilbert | Kuipers | Scranton |
| Bisbee | Gosselin | LaSata | Shackleton |
| Bishop | Hager | Mead | Shulman |
| Bradstreet | Hart | Meyer | Stamas |
| Brown, C. | Howell | Middaugh | Stewart |
| Cassis | Hummel | 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 | Raczkowski | Vear |
| Ehardt | Koetje | Richardville | Voorhees |
Faunce Kooiman
In The Chair: Ehardt
Rep. DeWeese moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
Rep. Richardville moved that the bill be placed on its immediate passage.
The motion prevailed, a majority of the members serving voting therefor.
By unanimous consent the House returned to the order of
Third Reading of Bills
House Bill No. 5732, entitled
A bill to amend 1943 PA 240, entitled "State employees' retirement act," by amending sections 1b, 1d, 5, 11, 13, 19, 20, 20d, 21, 24, 33, 38, 46, 48, 49, and 52 (MCL 38.1b, 38.1d, 38.5, 38.11, 38.13, 38.19, 38.20, 38.20d, 38.21, 38.24, 38.33, 38.38, 38.46, 38.48, 38.49, and 38.52), section 1b as amended by 1996 PA 33, sections 1d and 49 as added by 1995 PA 176, sections 11 and 13 as amended and section 52 as added by 1996 PA 487, section 19 as amended by 1998 PA 205, section 20 as amended by 1996 PA 521, section 20d as amended by 1996 PA 532, section 38 as amended by 1996 PA 279, and section 48 as added by 1990 PA 110, and by adding section 19g.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 168 Yeas--94
| Allen | Gieleghem | Lemmons | Rocca |
| Anderson | Gilbert | Lockwood | Schauer |
| Bernero | Godchaux | Mans | Shackleton |
| Birkholz | Gosselin | McConico | Shulman |
| Bisbee | Hager | Mead | Spade |
| Bishop | Hale | Meyer | Stallworth |
| Bradstreet | Hansen | Middaugh | Stamas |
| Brown, B. | Hardman | Mortimer | Stewart |
| Brown, C. | Hart | Murphy | Switalski |
| Brown, R. | Howell | Neumann | Tabor |
| Cassis | Hummel | Newell | Thomas |
| Caul | Jacobs | Pappageorge | Toy |
| Clark, I. | Jamnick | Patterson | Van Woerkom |
| Clarke, H. | Jansen | Pestka | Vander Roest |
| Daniels | Jelinek | Phillips | Vander Veen |
| DeRossett | Johnson, Rick | Plakas | Vear |
| DeVuyst | Johnson, Ruth | Pumford | Voorhees |
| DeWeese | Julian | Quarles | Waters |
| Drolet | Koetje | Raczkowski | Whitmer |
| Ehardt | Kolb | Reeves | Williams |
| Faunce | Kooiman | Richardville | Woodward |
| Frank | Kowall | Richner | Woronchak |
| Garza | Kuipers | Rison | Zelenko |
George LaSata
Nays--8
| Adamini | Bovin | Dennis | Rivet |
| Bogardus | Callahan | Lipsey | Sheltrown |
In The Chair: Ehardt
The House agreed to the title of the bill.
Rep. Richardville moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
Reps. Rich Brown, Caul, Clarke, DeVuyst, Ehardt, Hardman, Jacobs, Jamnick, Kolb, Kuipers, McConico, Mortimer, Murphy, Phillips, Richardville, Richner, Schauer, Toy, Vander Veen and Woodward were named co-sponsors of the bill.
______
Rep. Scranton, under Rule 32(b), made the following statement:
"Mr. Speaker and members of the House:
I did not vote on Roll Call No. 168 because of a possible conflict of interest."
Rep. Bogardus, 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:
This bill has been proposed as an answer to the massive deficit our state is facing due to the failed fiscal policies of the current administration. This bill is a short sighted proposal which will cost the state more mone than it will save. It is bad public policy because it does not set any priorities as to staffing levels in any department. If for example FIA which is already understaffed loses a large number of employees and they are replaced on a one to four basis services will be negatively affected. HB 5732 is not even fair to employees because four experienced employees will be replaced by one inexperienced employee thereby increasing the work load for all remaining employees. It also erodes the size of the bargaining unit. If an 80 and out proposal makes sence for a few employees then it is only fair to offer it to all employees."
Reps. Callahan and Dennis, 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 House Bill 5732 because this bill tries to do far too many things. It is being rushed through the legislative process under the guise that the legislature must enact the early retirement provisions quickly for the state to prepare. However, there is no reason that the health advance funding or disability changes must be on such a fast track. As it stands, HB 5732 picks winners and losers--the losers particularly being the corrections and conservation employees who cannot participate in the 'early out'. State employees who are close to 80 years, but not quite there, also lose, since this bill simply establishes an eligible window, rather than creating a permanent 80-and-out option. Furthermore, although HB 5732 does not mention a replacement ration, the 1 to 4 replacement Governor Engler has mentioned will leave continuing state workers even more overworked and underpaid. Finally, House Bill 5732 proposes extremely punitive changes for disability retirees, despite the fact that the current system does not present problems. In particular, the state will actually be able to take away a retiree's disability pension, without even attempting to return that individual to work. For all these reasons, I voted no on House Bill 5732."
House Bill No. 5504, entitled
A bill to amend 1949 PA 300, entitled "Michigan vehicle code," by amending section 312f (MCL 257.312f), as amended by 1992 PA 180, and by adding section 312g.
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--101
| Adamini | Frank | LaSata | Rocca |
| Allen | Garza | Lemmons | Schauer |
| Anderson | George | Lipsey | Scranton |
| Bernero | Gieleghem | Lockwood | Shackleton |
| Birkholz | Gilbert | Mans | Sheltrown |
| Bisbee | Gosselin | McConico | Shulman |
| Bishop | Hager | Mead | Spade |
| Bogardus | Hale | Meyer | Stallworth |
| Bovin | Hansen | Middaugh | Stamas |
| Bradstreet | Hardman | Mortimer | Stewart |
| Brown, B. | Hart | Murphy | Switalski |
| Brown, C. | Howell | Neumann | Tabor |
| Brown, R. | Hummel | Newell | Thomas |
| Callahan | Jacobs | Pappageorge | Toy |
| Cassis | Jamnick | Patterson | Van Woerkom |
| Caul | Jansen | Pestka | Vander Roest |
| Clark, I. | Jelinek | Phillips | Vander Veen |
| Clarke, H. | Johnson, Rick | Pumford | Vear |
| Daniels | Johnson, Ruth | Quarles | Voorhees |
| Dennis | Julian | Raczkowski | Waters |
| DeRossett | Koetje | Reeves | Whitmer |
| DeVuyst | Kolb | Richardville | Williams |
| DeWeese | Kooiman | Richner | Woodward |
| Drolet | Kowall | Rison | Woronchak |
| Ehardt | Kuipers | Rivet | Zelenko |
Faunce
Nays--0
In The Chair: Ehardt
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 1949 PA 300, entitled "Michigan vehicle code," by amending sections 307, 312f, 319b, and 732 (MCL 257.307, 257.312f, 257.319b, and 257.732), section 307 as amended by 2001 PA 159, section 312f as amended by 1992 PA 180, section 319b as amended by 1998 PA 356, and section 732 as amended by 2001 PA 134.
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. 5495, entitled
A bill to amend 1931 PA 328, entitled "The Michigan penal code," (MCL 750.1 to 750.568) by adding chapter LXXXIII-A.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 170 Yeas--102
| Adamini | Frank | LaSata | Rocca |
| Allen | Garza | Lemmons | Schauer |
| Anderson | George | Lipsey | Scranton |
| Bernero | Gieleghem | Lockwood | Shackleton |
| Birkholz | Gilbert | Mans | Sheltrown |
| Bisbee | Godchaux | McConico | Shulman |
| Bishop | Gosselin | Mead | Spade |
| Bogardus | Hager | Meyer | Stallworth |
| Bovin | Hale | Middaugh | Stamas |
| Bradstreet | Hansen | Mortimer | Stewart |
| Brown, B. | Hardman | Murphy | Switalski |
| Brown, C. | Hart | Neumann | Tabor |
| Brown, R. | Howell | Newell | Thomas |
| Callahan | Hummel | Pappageorge | Toy |
| Cassis | Jacobs | Patterson | Van Woerkom |
| Caul | Jamnick | Pestka | Vander Roest |
| Clark, I. | Jansen | Phillips | Vander Veen |
| Clarke, H. | Jelinek | Pumford | Vear |
| Daniels | Johnson, Rick | Quarles | Voorhees |
| Dennis | Johnson, Ruth | Raczkowski | Waters |
| DeRossett | Julian | Reeves | Whitmer |
| DeVuyst | Koetje | Richardville | Williams |
| DeWeese | Kolb | Richner | Woodward |
| Drolet | Kooiman | Rison | Woronchak |
| Ehardt | Kowall | Rivet | Zelenko |
Faunce Kuipers
Nays--0
In The Chair: Ehardt
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. Jacobs moved that Rep. Plakas be excused temporarily from today's session.
The motion prevailed.
House Bill No. 5520, entitled
A bill to amend 1927 PA 175, entitled "The code of criminal procedure," by amending sections 22, 31, 33, 35, 37, and 49 of chapter XVII (MCL 777.22, 777.31, 777.33, 777.35, 777.37, and 777.49), sections 22, 33, and 35 as amended by 2000 PA 279, sections 31 and 49 as amended by 2001 PA 136, and section 37 as added by 1998 PA 317, and by adding section 49a.
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--100
| Adamini | Faunce | Kuipers | Rocca |
| Allen | Frank | LaSata | Schauer |
| Anderson | George | Lemmons | Scranton |
| Bernero | Gieleghem | Lipsey | Shackleton |
| Birkholz | Gilbert | Lockwood | Sheltrown |
| Bisbee | Godchaux | Mans | Shulman |
| Bishop | Gosselin | McConico | Spade |
| Bogardus | Hager | Mead | Stallworth |
| Bovin | Hale | Meyer | Stamas |
| Bradstreet | Hansen | Middaugh | Stewart |
| Brown, B. | Hardman | Mortimer | Switalski |
| Brown, C. | Hart | Murphy | Tabor |
| Brown, R. | Howell | Neumann | Thomas |
| Callahan | Hummel | Newell | Toy |
| Cassis | Jacobs | Pappageorge | Van Woerkom |
| Caul | Jamnick | Patterson | Vander Roest |
| Clark, I. | Jansen | Pestka | Vander Veen |
| Clarke, H. | Jelinek | Phillips | Vear |
| Daniels | Johnson, Rick | Pumford | Voorhees |
| Dennis | Johnson, Ruth | Quarles | Waters |
| DeRossett | Julian | Raczkowski | Whitmer |
| DeVuyst | Koetje | Reeves | Williams |
| DeWeese | Kolb | Richardville | Woodward |
| Drolet | Kooiman | Rison | Woronchak |
| Ehardt | Kowall | Rivet | Zelenko |
Nays--0
In The Chair: Ehardt
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 22 of chapter XVII (MCL 777.22), as amended by 2000 PA 279.
The motion prevailed.
The House agreed to the title as amended.
Rep. Richardville moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
______
Rep. Richardville moved that House 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. Hager, Waters, Bovin, Meyer, Vander Veen, Stewart, DeRossett, Vander Roest, Schermesser, Richardville, Raczkowski, Richner, Koetje, Toy, Bishop, Voorhees, Mead, Faunce, Rocca, Julian, Van Woerkom, Gosselin, Kuipers, Cassis, Jamnick, Newell, Neumann, Jacobs, Bernero, Phillips, Shulman, Howell, Pappageorge, Scranton, Quarles, DeWeese, Middaugh, Kooiman, Hansen, Murphy, Sheltrown, Spade, George, Wojno, Rich Brown, Gieleghem, DeVuyst, Birkholz, Kolb, Thomas, Caul, McConico, Schauer, Hale, Kowall and Switalski offered the following resolution:
House Resolution No. 348.
A resolution designating the month of October 2002 as Children's Internet Safety Month.
Whereas, The Internet is one of the most effective tools available for purposes of education and research. It gives children the means to make friends and freely communicate with peers and family anywhere in the world; and
Whereas, It is vital to the well-being of children that the Internet offer them a wholesome environment to explore and that its capacity to deliver pornographic material to the innocent be responsibly monitored and effectively screened. Children are ill-equipped to cope with lurid Internet content or cyber predators and are at risk in their own home, school, and library. Parents, religious and government leaders, educators, and thinking people everywhere are concerned about children's Internet safety, web manipulation by the unscrupulous, and the rising tide of pornographic web sites; and
Whereas, Objectionable material, such as violent, obscene, or sexually explicit adult material may be received by a minor in an unsolicited form. It is imperative that Michigan parents, guardians, grandparents, teachers, family members, along with churches, business and community leaders, and organizations be alerted to the danger of pornography on the Internet and support this public service initiative to improve the Internet culture within their own spheres of influence; and
Whereas, This century of instant global communication holds great promise for achieving better understanding between all peoples of the world. There must be a broad resolve to protect the safety of children in order that the Internet not be perceived as an instrument of cunning pornographic invitation to the young, but as a tool of profound respect for human dignity, creative inquiry, and commitment to excellence; now, therefore, be it
Resolved by the House of Representatives, That the members of this legislative body designate October 2002 as Children's Internet Safety Month and express our support for efforts to protect our children against harmful Internet material; and be it further
Resolved, That a copy of this resolution be transmitted to Governor Engler and Lieutenant Governor Posthumus.
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. Stallworth, Rison, Thomas, Hardman, Murphy, Waters, Williams, Lipsey, Daniels, Clark, Clarke, Hale, Quarles, Garza, Reeves, Phillips and Lemmons offered the following resolution:
House Resolution No. 349.
A resolution congratulating the members and coaches of the St. Martin Deporres Eagles Football Team upon the occasion of its Division 7 State Championship.
Whereas, It is a pleasure to join with the families, entire school, and all of Detroit in celebrating the achievements of the St. Martin Deporres Eagles Football Team on its wonderful success over the season. With the fine record of 10-3 that culminated in the Division 7 State Championship, this group of disciplined student-athletes has generated great pride throughout the southeast part of our state; and
Whereas, Much to the delight of their loyal fans, the St. Martin Deporres Eagles have also earned the respect of prep sports followers elsewhere in Michigan through their talent, teamwork, and determination. As their opponents have found all season long, this is a team that brings unity and a positive outlook to all levels of competition. In the face of challenge and pressure, this group of young people maintained their focus on making their dreams come true and accepting nothing less than their very best effort; and
Whereas, Winning their first Division 7 title in 1978, the Eagles have compiled an unparalleled record of outstanding seasons. Overall, the St. Martin Deporres Eagles Football Team have won 11 state championships, making them one of the state's premier and legendary programs. The Eagles have never lost a championship game. What may distinguish the team members best, however, is their sportsmanship and their character on and off the field. We admire the effort, team spirit, and preparation these talented young people have demonstrated; now, therefore, be it
Resolved by the House of Representatives, That the members of this legislative body congratulate the members and coaches of the St. Martin Deporres Eagles Football Team upon the occasion of its Division 7 State Championship; and be it further
Resolved, That a copy of this resolution be transmitted to Principal Sunbeam Hughes and Head Coach Greg Carter 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. Bovin, Rich Brown, Waters, Lipsey, Meyer, Vander Veen, Drolet, Adamini, Anderson, Stewart, DeRossett, Vander Roest, Schermesser, Richardville, Raczkowski, Richner, Koetje, Bishop, Voorhees, Mead, Faunce, Julian,
Van Woerkom, Gosselin, Kuipers, Cassis, Hager, Jamnick, Newell, Dennis, Neumann, Jacobs, Bernero, Phillips, Shulman, Howell, Pappageorge, Scranton, Quarles, DeWeese, Kooiman, Hansen, Murphy, Sheltrown, Woodward, Spade, George, Wojno, Gieleghem, Rivet, DeVuyst, Birkholz, Kolb, Thomas, Caul, Reeves, McConico, Schauer, Hale, Kowall and Switalski offered the following resolution:
House Resolution No. 350.
A resolution honoring the 2002 All-Michigan Academic Team for Community Colleges.
Whereas, It is with great pleasure that we commend the students upon their selection to receive special honors as members of the 2002 All-Michigan Academic Team for Community Colleges; and
Whereas, This recognition is a well-earned milestone symbolic of the innovation, planning, and personal commitment of these students who share the belief that education is one of the greatest gifts; and
Whereas, As a member of the 2002 All-Michigan Academic Team for Community Colleges, these students have demonstrated their scholarly skills in many way through excellence in the classroom, intellectual curiosity in pursuit of academic, career, and cultural enrichment activities outside the traditional classroom, substantial development of their talents in academic and technical education, and their ability to share this development with other; and
Whereas, Members of the 2002 All-Michigan Academic Team for Community Colleges represent some of the best and brightest students from Michigan's 28 community colleges. We are proud of the achievements of Michigan's community colleges and their students. It is with pride that we offer our congratulations to the members of the 2002 All-Michigan Academic Team for
Community Colleges; now, therefore, be it
Resolved by the House of Representatives, That the members of this legislative body honor the 2002 All-Michigan Academic Team for Community Colleges. We congratulate these students as they receive these honors and look forward to the continuation of this excellent record. We offer our best wishes for a bright and prosperous future.
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. Raczkowski, Kowall, Woronchak, Bishop, Koetje, Mortimer, Middaugh, Birkholz, Voorhees, Plakas, Tabor, Cassis, Gosselin, Meyer, Vander Veen, Drolet, Stewart, DeRossett, Vander Roest, Richner, Rocca, Julian, Hummel, Kuipers, Newell, Jacobs, Shulman, Howell, Pappageorge, Scranton, Kooiman, Sheltrown, George and DeVuyst offered the following concurrent resolution:
House Concurrent Resolution No. 58.
A concurrent resolution to memorialize the Congress of the United States not to raise the mileage per gallon standards under the Corporate Average Fuel Economy Program.
Whereas, In 1975, following the oil embargo of 1973, Congress enacted legislation that established the Corporate Average Fuel Economy (CAFE) Program. The program was an attempt to reduce American dependence on imported oil by reducing consumption of gasoline. The current standards of mileage per gallon are 27.5 miles per gallon for cars and 20.7 for vehicles categorized as light trucks; and
Whereas, There are proposals pending in Congress to increase the CAFE standards by significant amounts. One of the plans would raise the average mileage requirement to 35 miles per gallon. This would be a dramatic increase, one that some feel may be impossible to attain without jeopardizing the safety of millions of Americans. It would seriously hamper domestic manufacturers, artificially influence the market, and limit consumer choice; and
Whereas, Raising CAFE requirements would come with a damaging cost to the economy of our state and nation. There are estimates that as many as 100,000 jobs would be lost, with many of those in Michigan. In general, American manufacturers would be penalized severely for responding to the wishes of consumers who make decisions on the basis of many more valid considerations than fuel economy alone; and
Whereas, Raising CAFE requirements also perpetuates an approach to energy conservation that has not worked. Indeed, since the CAFE Program began, American dependence on foreign oil has increased and the overall volume of oil consumption has increased substantially; and
Whereas, The true costs of raising CAFE standards far exceed any possible benefits. There are far more productive avenues to pursue in the shaping of America's energy strategy; now, therefore, be it
Resolved by the House of Representatives (the Senate concurring), That we memorialize the Congress of the United States not to raise the mileage per gallon standards under the Corporate Average Fuel Economy Program; 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 concurrent resolution was referred to the Committee on Commerce.
Reports of Standing Committees
The Committee on Conservation and Outdoor Recreation, by Rep. DeVuyst, Chair, reported
House Bill No. 4525, entitled
A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending section 82108 (MCL 324.82108), as added by 1995 PA 58.
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 4525 To Report Out:
Yeas: Reps. DeVuyst, Bradstreet, Drolet, Rocca, Voorhees, Sheltrown,
Nays: Rep. Tabor.
The Committee on Conservation and Outdoor Recreation, by Rep. DeVuyst, Chair, reported
House Bill No. 4527, entitled
A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending section 82131 (MCL 324.82131), as added by 1995 PA 58.
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 4527 To Report Out:
Yeas: Reps. DeVuyst, Tabor, Bradstreet, Drolet, Kowall, Rocca, Voorhees, Callahan, Garza, Sheltrown,
Nays: None.
The Committee on Conservation and Outdoor Recreation, by Rep. DeVuyst, Chair, reported
House Bill No. 4528, entitled
A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," (MCL 324.101 to 324.90106) by adding section 82123a.
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 4528 To Report Out:
Yeas: Reps. DeVuyst, Tabor, Bradstreet, Kowall, Rocca, Callahan, Garza, Sheltrown,
Nays: Reps. Drolet, Voorhees.
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. DeVuyst, Chair of the Committee on Conservation and Outdoor Recreation, was received and read:
Meeting held on: Thursday, February 28, 2002, at 10:30 a.m.,
Present: Reps. DeVuyst, Tabor, Bradstreet, Drolet, Kowall, Rocca, Voorhees, Callahan, Garza, Sheltrown,
Absent: Rep. Basham,
Excused: Rep. Basham.
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Scranton, Chair of the Committee on Health Insurance, was received and read:
Meeting held on: Wednesday, February 27, 2002, at 12:00 p.m.,
Present: Reps. Scranton, Richner, George, Wojno, Neumann, Lockwood,
Absent: Reps. Ehardt, Raczkowski, Switalski,
Excused: Reps. Ehardt, Raczkowski, Switalski.
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Bradstreet, Chair of the Committee on Energy and Technology, was received and read:
Meeting held on: Thursday, February 28, 2002, at 8:30 a.m.,
Present: Reps. Bradstreet, Middaugh, Birkholz, Bisbee, Bishop, Cassis, Howell, Kowall, Richardville, Vander Veen, Bob Brown, Bovin, Daniels, Lemmons, Rivet, Schauer, Woodward.
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Kuipers, Chair of the Committee on Education, was received and read:
Meeting held on: Thursday, February 28, 2002, at 9:00 a.m.,
Present: Reps. Kuipers, Meyer, Allen, Bradstreet, DeWeese, Hager, Hart, Ruth Johnson, Van Woerkom, Voorhees, Hansen, Bogardus, Clark, Gieleghem, Spade, Zelenko,
Absent: Rep. McConico,
Excused: Rep. McConico.
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Patterson, Chair of the Committee on Redistricting and Elections, was received and read:
Meeting held on: Thursday, February 28, 2002, at 10:30 a.m.,
Present: Reps. Patterson, Richner, Allen, Bishop, Cassis, Hart, Quarles, Jamnick, Lemmons.
Announcement by the Clerk of Printing and Enrollment
The Clerk announced that the following bill had been printed and placed upon the files of the members, Thursday, February 28:
House Bill No. 5763
The Clerk announced that the following Senate bills had been received on Thursday, February 28:
Senate Bill Nos. 809 835 860 861 865 868 974 977 978 987 1015 1059 1065 1075 1077 1078 1079 1082 1103 1107
By unanimous consent the House returned to the order of
Messages from the Senate
House Bill No. 4672, entitled
A bill to amend 1976 PA 451, entitled "The revised school code," (MCL 380.1 to 380.1852) by adding section 1178a.
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. 5139, entitled
A bill to amend 1976 PA 451, entitled "The revised school code," (MCL 380.1 to 380.1852) by adding section 1139.
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. 5482, entitled
A bill to provide for the formation, regulation, and registration of distance learning corporations; to prescribe their duties, rights, powers, immunities, and liabilities; and to provide for the powers and duties of certain state officers and entities.
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.
House Bill No. 5483, entitled
A bill to amend 1982 PA 162, entitled "Nonprofit corporation act," by amending section 124 (MCL 450.2124).
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. 5083, entitled
A bill to amend 1978 PA 368, entitled "Public health code," (MCL 333.1101 to 333.25211) by adding section 2217.
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 amended the title to read as follows:
A bill to amend 1978 PA 368, entitled "An act to protect and promote the public health; to codify, revise, consolidate, classify, and add to the laws relating to public health; to provide for the prevention and control of diseases and disabilities; to provide for the classification, administration, regulation, financing, and maintenance of personal, environmental, and other health services and activities; to create or continue, and prescribe the powers and duties of, departments, boards, commissions, councils, committees, task forces, and other agencies; to prescribe the powers and duties of governmental entities and officials; to regulate occupations, facilities, and agencies affecting the public health; to regulate health maintenance organizations and certain third party administrators and insurers; to provide for the imposition of a regulatory fee; to promote the efficient and economical delivery of health care services, to provide for the appropriate utilization of health care facilities and services, and to provide for the closure of hospitals or consolidation of hospitals or services; to provide for the collection and use of data and information; to provide for the transfer of property; to provide certain immunity from liability; to regulate and prohibit the sale and offering for sale of drug paraphernalia under certain circumstances; to provide for the implementation of federal law; to provide for penalties and remedies; to provide for sanctions for violations of this act and local ordinances; to repeal certain acts and parts of acts; to repeal certain parts of this act; and to repeal certain parts of this act on specific dates," (MCL 333.1101 to 333.25211) by adding section 2217; and to repeal acts and parts of acts.
The Speaker announced that pursuant to Rule 45, the bill was laid over one day.
House Bill No. 5327, entitled
A bill to amend 1976 PA 451, entitled "The revised school code," (MCL 380.1 to 380.1852) by adding section 1165.
The Senate has substituted (S-1) the bill.
The Senate has passed the bill as substituted (S-1), ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title.
The Speaker announced that pursuant to Rule 45, the bill was laid over one day.
Senate Bill No. 809, entitled
A bill to amend 1931 PA 328, entitled "The Michigan penal code," by amending section 231 (MCL 750.231), as amended by 1998 PA 510.
The Senate has passed the bill.
The bill was read a first time by its title and referred to the Committee on Criminal Justice.
Senate Bill No. 835, entitled
A bill to amend 1980 PA 450, entitled "The tax increment finance authority act," by amending section 15 (MCL 125.1815), as amended by 1996 PA 271.
The Senate has passed the bill.
The bill was read a first time by its title and referred to the Committee on Tax Policy.
Senate Bill No. 860, entitled
A bill to amend 1975 PA 197, entitled "An act to provide for the establishment of a downtown development authority; to prescribe its powers and duties; to correct and prevent deterioration in business districts; to encourage historic preservation; to authorize the acquisition and disposal of interests in real and personal property; to authorize the creation and implementation of development plans in the districts; to promote the economic growth of the districts; to create a board; to prescribe its powers and duties; to authorize the levy and collection of taxes; to authorize the issuance of bonds and other evidences of indebtedness; to authorize the use of tax increment financing; to reimburse downtown development authorities for certain losses of tax increment revenues; and to prescribe the powers and duties of certain state officials," by amending sections 12 and 16 (MCL 125.1662 and 125.1666), section 12 as amended by 1983 PA 86 and section 16 as amended by 1996 PA 269.
The Senate has passed the bill.
The bill was read a first time by its title and referred to the Committee on Tax Policy.
Senate Bill No. 861, entitled
A bill to amend 1986 PA 281, entitled "The local development financing act," by amending section 14 (MCL 125.2164), as amended by 1996 PA 270.
The Senate has passed the bill.
The bill was read a first time by its title and referred to the Committee on Tax Policy.
Senate Bill No. 865, entitled
A bill to amend 1989 PA 186, entitled "County department of solid waste management act," by amending sections 7, 8, and 9 (MCL 45.587, 45.588, and 45.589).
The Senate has passed the bill.
The bill was read a first time by its title and referred to the Committee on Tax Policy.
Senate Bill No. 868, entitled
A bill to amend 1955 PA 233, entitled "An act to provide for the incorporation of certain municipal authorities to acquire, own, extend, improve, and operate sewage disposal systems, water supply systems, and solid waste management systems; to prescribe the rights, powers, and duties thereof; to authorize contracts between such authorities and public corporations; to provide for the issuance of bonds to acquire, construct, extend, or improve the systems; and to prescribe penalties and provide remedies," by amending sections 7, 9, and 12c (MCL 124.287, 124.289, and 124.292c), section 7 as amended by 1981 PA 154, section 9 as amended by 1994 PA 36, and section 12c as amended by 1983 PA 30.
The Senate has passed the bill.
The bill was read a first time by its title and referred to the Committee on Tax Policy.
Senate Bill No. 974, entitled
A bill to amend 1939 PA 342, entitled "County public improvement act of 1939," by amending sections 5a and 5c (MCL 46.175a and 46.175c), section 5c as amended by 1983 PA 183.
The Senate has passed the bill.
The bill was read a first time by its title and referred to the Committee on Tax Policy.
Senate Bill No. 977, entitled
A bill to amend 1957 PA 185, entitled "An act to authorize the establishing of a department and board of public works in counties; to prescribe the powers and duties of any municipality subject to the provisions of this act; to authorize the incurring of contract obligations and the issuance and payment of bonds or notes; to provide for a pledge by a municipality of its full faith and credit and the levy of taxes without limitation as to rate or amount to the extent necessary; to validate obligations issued; and to prescribe a procedure for special assessments and condemnation," by amending sections 11, 12, and 25 (MCL 123.741, 123.742, and 123.755).
The Senate has passed the bill.
The bill was read a first time by its title and referred to the Committee on Tax Policy.
Senate Bill No. 978, entitled
A bill to amend 1945 PA 344, entitled "An act to authorize counties, cities, villages and townships of this state to adopt plans to prevent blight and to adopt plans for the rehabilitation of blighted areas; to authorize assistance in carrying out such plans by the acquisition of real property, the improvement of such real property and the disposal of real property in such areas; to prescribe the methods of financing the exercise of these powers; and to declare the effect of this act," by amending sections 7a and 7b (MCL 125.77a and 125.77b), section 7a as amended by 1983 PA 32 and section 7b as amended by 1986 PA 320.
The Senate has passed the bill.
The bill was read a first time by its title and referred to the Committee on Tax Policy.
Senate Bill No. 987, entitled
A bill to amend 1957 PA 4, entitled "Charter water authority act," by amending sections 15 and 16 (MCL 121.15 and 121.16); and to repeal acts and parts of acts.
The Senate has passed the bill.
The bill was read a first time by its title and referred to the Committee on Tax Policy.
Senate Bill No. 1015, entitled
A bill to amend 1936 (Ex Sess) PA 1, entitled "Michigan employment security act," (MCL 421.1 to 421.75) by adding section 13l.
The Senate has passed the bill.
The bill was read a first time by its title and referred to the Committee on Employment Relations, Training and Safety.
Senate Bill No. 1059, entitled
A bill to amend 1963 PA 62, entitled "Industrial development revenue bond act of 1963," by amending sections 4 and 9 (MCL 125.1254 and 125.1259), section 9 as amended by 1980 PA 90.
The Senate has passed the bill.
The bill was read a first time by its title and referred to the Committee on Tax Policy.
Senate Bill No. 1065, entitled
A bill to amend 1957 PA 206, entitled "An act to authorize 2 or more counties, cities, townships and incorporated villages, or any combination thereof, to incorporate an airport authority for the planning, promoting, acquiring, constructing, improving, enlarging, extending, owning, maintaining and operating the landing, navigational and building facilities necessary thereto of 1 or more community airports; to provide for changes in the membership therein; to authorize an authority or the counties, cities, townships and incorporated villages that form an authority to levy taxes for such purposes; to provide for the operation and maintenance and issuing notes therefor; to authorize condemnation proceedings; and to prescribe penalties and provide remedies," by amending section 9 (MCL 259.629), as amended by 1982 PA 312.
The Senate has passed the bill.
The bill was read a first time by its title and referred to the Committee on Tax Policy.
Senate Bill No. 1075, entitled
A bill to amend 1923 PA 150, entitled "An act to authorize and empower counties, cities, villages and townships or any combination of them, to singly or jointly acquire by gift, devise or public condemnation a site or sites and/or construct, erect, lease, sub-lease and maintain public buildings for the purpose of housing within the same building or buildings city, county, village or township offices, and/or for any other public uses and purposes, which may include a memorial hall for war veterans of the United States of America and for public assemblage," by amending section 5 (MCL 123.925).
The Senate has passed the bill.
The bill was read a first time by its title and referred to the Committee on Tax Policy.
Senate Bill No. 1077, entitled
A bill to amend 1974 PA 338, entitled "Economic development corporations act," by amending sections 6a, 7, 8, and 23 (MCL 125.1606a, 125.1607, 125.1608, and 125.1623), section 6a as added and sections 7, 8, and 23 as amended by 1980 PA 501.
The Senate has passed the bill.
The bill was read a first time by its title and referred to the Committee on Tax Policy.
Senate Bill No. 1078, entitled
A bill to amend 1978 PA 639, entitled "Hertel-Law-T. Stopczynski port authority act," by amending sections 14 and 18 (MCL 120.114 and 120.118), as amended by 1983 PA 23.
The Senate has passed the bill.
The bill was read a first time by its title and referred to the Committee on Tax Policy.
Senate Bill No. 1079, entitled
A bill to amend 1996 PA 381, entitled "Brownfield redevelopment financing act," by amending sections 7, 12, and 17 (MCL 125.2657, 125.2662, and 125.2667), section 7 as amended by 2000 PA 145.
The Senate has passed the bill.
The bill was read a first time by its title and referred to the Committee on Tax Policy.
Senate Bill No. 1082, entitled
A bill to amend 1947 PA 235, entitled "An act to regulate the ownership, extension, improvement and operation of public water and sewage disposal systems lying within 2 or more public corporations; to authorize the acquisition, by any public corporation, of that part of a public water or sewage disposal system lying within its boundaries; and to provide for the payment and security of revenue bonds issued for the construction, acquisition, extension and improvement of such systems," by amending sections 6 and 10 (MCL 123.336 and 123.340).
The Senate has passed the bill.
The bill was read a first time by its title and referred to the Committee on Tax Policy.
Senate Bill No. 1103, entitled
A bill to make appropriations for the department of education and certain other purposes relating to education for the fiscal year ending September 30, 2003; to provide for the expenditure of the appropriations; to prescribe the powers and duties of certain state departments, school districts, and other governmental bodies; and to provide for the disposition of fees and other income received by certain legal entities and state agencies.
The Senate has passed the bill.
The bill was read a first time by its title and referred to the Committee on Appropriations.
Senate Bill No. 1107, entitled
A bill to amend 1979 PA 94, entitled "The state school aid act of 1979," by amending sections 11, 11f, 11g, 19, 20, 22a, 22b, 24, 26a, 31a, 31d, 32d, 37, 38, 39, 41, 51a, 51c, 53a, 54, 56, 57, 61a, 62, 67, 68, 74, 81, 94, 94a, 96, 98, 99, 107, 108, and 147 (MCL 388.1611, 388.1611f, 388.1611g, 388.1619, 388.1620, 388.1622a, 388.1622b, 388.1624, 388.1626a, 388.1631a, 388.1631d, 388.1632d, 388.1637, 388.1638, 388.1639, 388.1641, 388.1651a, 388.1651c, 388.1653a, 388.1654, 388.1656, 388.1657, 388.1661a, 388.1662, 388.1667, 388.1668, 388.1674, 388.1681, 388.1694, 388.1694a, 388.1696, 388.1698, 388.1699, 388.1707, 388.1708, and 388.1747), sections 11, 11f, 11g, 20, 22a, 22b, 24, 26a, 31a, 31d, 32d, 41, 51a, 51c, 53a, 54, 56, 57, 61a, 62, 67, 68, 74, 81, 94, 94a, 98, 99, 107, and 147 as amended by 2001 PA 121 and sections 19, 37, 38, and 39 as amended and sections 96 and 108 as added by 2000 PA 297, and by adding sections 32i, 34, 39a, 51d, 55, 99a, and 121a; and to repeal acts and parts of acts.
The Senate has passed the bill.
The bill was read a first time by its title and referred to the Committee on Appropriations.
House Concurrent Resolution No. 50.
A concurrent resolution to approve certain designated open space land applications.
(For text of resolution, see House Journal No. 87 of 2001, p. 2717.)
The Senate has adopted the concurrent resolution.
The concurrent resolution was referred to the Clerk for record.
Messages from the Governor
The following message from the Governor, approving and signing the following bill at the time designated below, was received and read:
Date: February 27, 2002
Time: 4:30 p.m.
To the Speaker of the House of Representatives:
Sir--I have this day approved and signed
Enrolled House Bill No. 4009 (Public Act No. 16, I.E.), being
An act to amend 1855 PA 105, entitled "An act to regulate the disposition of the surplus funds in the state treasury; to provide for the deposit of surplus funds in certain financial institutions; to lend surplus funds pursuant to loan agreements secured by certain commercial, agricultural, or industrial real and personal property; to authorize the loan of surplus funds to certain municipalities; to authorize the participation in certain loan programs; to authorize an appropriation; and to prescribe the duties of certain state agencies," by amending section 2a (MCL 21.142a), as amended by 1987 PA 27.
(Filed with the Secretary of State February 28, 2002, at 9:17 a.m.)
Communications from State Officers
The following communication from the Auditor General was received and read:
February 27, 2002
Enclosed is a copy of the following audit report and/or executive digest:
Financial Related Audit of the
Use of Transportation-Related Funding
October 1, 1999 through September 30, 2000
Sincerely,
Thomas H. McTavish, C.P.A.
Auditor General
The communication was referred to the Clerk and the accompanying report referred to the Committee on House Oversight and Operations.
Introduction of Bills
Reps. Ruth Johnson, Cassis, Howell, Gilbert, Hager, Meyer, DeRossett, Jamnick, Kolb, Hansen and Bishop introduced
House Bill No. 5758, entitled
A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending section 5419 (MCL 324.5419), as added by 2001 PA 165; and to repeal acts and parts of acts.
The bill was read a first time by its title and referred to the Committee on Land Use and Environment.
Reps. Faunce and Woronchak introduced
House Bill No. 5759, entitled
A bill to amend 1893 PA 206, entitled "The general property tax act," (MCL 211.1 to 211.157) by adding section 7gg.
The bill was read a first time by its title and referred to the Committee on Tax Policy.
Rep. George introduced
House Bill No. 5760, entitled
A bill to amend 1933 PA 167, entitled "General sales tax act," by amending section 1 (MCL 205.51), as amended by 2000 PA 390.
The bill was read a first time by its title and referred to the Committee on Transportation.
Rep. George introduced
House Bill No. 5761, entitled
A bill to amend 1978 PA 368, entitled "Public health code," by amending sections 20145 and 21523 (MCL 333.20145 and 333.21523), section 20145 as amended by 1993 PA 88.
The bill was read a first time by its title and referred to the Committee on Health Policy.
Rep. Spade introduced
House Bill No. 5762, entitled
A bill to amend 1949 PA 300, entitled "Michigan vehicle code," by amending section 707e (MCL 257.707e).
The bill was read a first time by its title and referred to the Committee on Local Government and Urban Policy.
Reps. Richardville, Hummel, Raczkowski, Pappageorge, Stewart, Caul, Vander Veen, Vear, Bradstreet, Hager, Kuipers, Gilbert, Meyer, Kooiman, Howell, Jelinek, Mortimer, Tabor, Cassis and Scranton introduced
House Bill No. 5763, entitled
A bill to amend 1936 (Ex Sess) PA 1, entitled "Michigan employment security act," by amending sections 27, 29, and 48 (MCL 421.27, 421.29, and 421.48), section 27 as amended by 1995 PA 181, section 29 as amended by 1995 PA 25, and section 48 as amended by 1983 PA 164, and by adding section 13l.
The bill was read a first time by its title and referred to the Committee on Employment Relations, Training and Safety.
Reps. Patterson, Richardville, Ruth Johnson, Pappageorge, Howell, Newell, Vander Veen, Drolet, Gosselin, Hager, Jelinek, DeRossett, Vander Roest, Bisbee, Stewart, Mortimer, Tabor, Hummel, Meyer, Julian, Gilbert, Toy, Voorhees, Birkholz and Scranton introduced
House Bill No. 5764, entitled
A bill to permit the establishment and maintenance of worker financial security accounts; to provide for certain tax credits and deductions; to prescribe the requirements of and restrictions on worker financial security accounts; and to provide penalties and remedies.
The bill was read a first time by its title and referred to the Committee on Tax Policy.
Reps. Mortimer, Richardville, Ruth Johnson, Pappageorge, Howell, Newell, Vander Veen, Drolet, Gosselin, Hager, Jelinek, DeRossett, Tabor, Hummel, Meyer, Julian, Gilbert, Voorhees, Toy, Birkholz and Scranton introduced
House Bill No. 5765, entitled
A bill to amend 1967 PA 281, entitled "Income tax act of 1967," by amending section 30 (MCL 206.30), as amended by 2000 PA 400.
The bill was read a first time by its title and referred to the Committee on Tax Policy.
Reps. Woronchak, Richardville, Ruth Johnson, Pappageorge, Howell, Shackleton, Newell, Vander Veen, Drolet, Gosselin, Hager, Koetje, DeRossett, Tabor, Mortimer, Hummel, Meyer, Julian, Gilbert, Toy, Birkholz, Voorhees and Scranton introduced
House Bill No. 5766, 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 section 24 (MCL 205.24), as amended by 2001 PA 168.
The bill was read a first time by its title and referred to the Committee on Tax Policy.
Reps. DeRossett, Patterson, Howell, Ehardt, Woronchak, Basham, O'Neil, Plakas, Sheltrown, Richardville, Ruth Johnson, Pappageorge, Shackleton, Newell, Vander Veen, Drolet, Gosselin, Hager, Koetje, Bisbee, Tabor, Mortimer, Hummel, Meyer, Julian, Gilbert, Voorhees, Toy, Birkholz and Scranton introduced
House Bill No. 5767, entitled
A bill to amend 1967 PA 281, entitled "Income tax act of 1967," by amending section 30 (MCL 206.30), as amended by 2000 PA 400.
The bill was read a first time by its title and referred to the Committee on Tax Policy.
Reps. LaSata, Stewart, Richardville, Ruth Johnson, Pappageorge, Vander Veen, Hager, DeRossett, Tabor, Mortimer, Hummel, Meyer, Julian, Gilbert, Voorhees, Birkholz and Scranton introduced
House Bill No. 5768, entitled
A bill to amend 1976 PA 451, entitled "The revised school code," (MCL 380.1 to 380.1852) by adding section 1531d.
The bill was read a first time by its title and referred to the Committee on Education.
______
Rep. Caul moved that the House adjourn.
The motion prevailed, the time being 4:15 p.m.
Associate Speaker Pro Tempore Ehardt declared the House adjourned until Tuesday, March 5, at 2:00 p.m.
GARY L. RANDALL
Clerk of the House of Representatives.