No. 58
STATE OF MICHIGAN
JOURNAL
OF THE
House of Representatives
91st Legislature
REGULAR SESSION OF 2002
House Chamber, Lansing, Thursday, June 20, 2002.
12:05 a.m.
The House was called to order by Associate Speaker Pro Tempore Julian.
The roll was called by the Clerk of the House of Representatives, who announced that a quorum was present.
Adamini--present
Allen--present
Anderson--present
Basham--present
Bernero--present
Birkholz--present
Bisbee--present
Bishop--present
Bogardus--present
Bovin--present
Bradstreet--present
Brown, Bob--present
Brown, Cameron--present
Brown, Rich--present
Callahan--present
Cassis--present
Caul--present
Clark--present
Clarke--present
Daniels--present
Dennis--present
DeRossett--present
DeVuyst--present
DeWeese--present
Drolet--present
Ehardt--present
Faunce--present
Frank--present
Garza--present
George--present
Gieleghem--present
Gilbert--present
Godchaux--present
Gosselin--present
Hager--present
Hale--present
Hansen--present
Hardman--present
Hart--present
Howell--present
Hummel--present
Jacobs--present
Jamnick--present
Jansen--excused
Jelinek--present
Johnson, Rick--present
Johnson, Ruth--present
Julian--present
Koetje--present
Kolb--present
Kooiman--present
Kowall--present
Kuipers--present
LaSata--present
Lemmons--excused
Lipsey--present
Lockwood--present
Mans--present
McConico--present
Mead--present
Meyer--present
Middaugh--present
Minore--present
Mortimer--present
Murphy--present
Neumann--present
Newell--present
O'Neil--present
Palmer--present
Pappageorge--present
Patterson--present
Pestka--present
Phillips--present
Plakas--present
Pumford--present
Quarles--present
Raczkowski--present
Reeves--present
Richardville--present
Richner--present
Rison--excused
Rivet--present
Rocca--present
Schauer--present
Schermesser--excused
Scranton--present
Shackleton--present
Sheltrown--present
Shulman--present
Spade--present
Stallworth--present
Stamas--present
Stewart--present
Switalski--present
Tabor--present
Thomas--present
Toy--excused
Van Woerkom--present
Vander Roest--present
Vander Veen--present
Vear--present
Voorhees--present
Waters--present
Whitmer--present
Williams--present
Wojno--present
Woodward--present
Woronchak--excused
Zelenko--present
e/d/s = entered during session
Rep. Jerry Vander Roest, from the 63rd District, offered the following invocation:
"Dear Heavenly Father, these are difficult times and everyone of these 110 legislators care about this state and the people that are in it. All of us are here with a common goal, to make this the best state, a place for our families and quality of life and all that is good. Many difficult decisions are going to be discussed in this next hour. Lord, give us knowledge, wisdom and understanding. May we be patient with each other as we all work toward something that is good for the people of the state of Michigan. Amen."
______
Rep. Vander Roest moved that Reps. Jansen, Toy and Woronchak be excused from today's session.
The motion prevailed.
Rep. Jacobs moved that Reps. Lemmons, Rison and Schermesser be excused from today's session.
The motion prevailed.
Reports of Select Committees
The Speaker laid before the House the conference report relative to
House Bill No. 5642, entitled
A bill to make appropriations for the department of agriculture for the fiscal year ending September 30, 2003; to provide for the expenditure of the appropriations; to create funds; to provide for the imposition of fees; to require reports, audits, and plans; to authorize certain transfers by certain state agencies; and to provide for the disposition of fees and other income received by certain state agencies.
(The conference report was reported by the conference committee on June 19, consideration of which, under the rules, was postponed until today.)
(For conference report, see House Journal No. 57, p. 2157.)
The question being on the adoption of the conference report,
The conference report was adopted, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 966 Yeas--55
Allen George Kowall Richner
Birkholz Gilbert Kuipers Rocca
Bisbee Godchaux LaSata Scranton
Bishop Gosselin Mead Shackleton
Bradstreet Hager Meyer Shulman
Brown, C. Hart Middaugh Stamas
Cassis Howell Mortimer Stewart
Caul Hummel Newell Tabor
DeRossett Jelinek Palmer Van Woerkom
DeVuyst Johnson, Rick Pappageorge Vander Roest
DeWeese Johnson, Ruth Patterson Vander Veen
Drolet Julian Pumford Vear
Ehardt Koetje Raczkowski Voorhees
Faunce Kooiman Richardville
Nays--48
Adamini Dennis Mans Schauer
Anderson Frank McConico Sheltrown
Basham Garza Minore Spade
Bernero Gieleghem Murphy Stallworth
Bogardus Hale Neumann Switalski
Bovin Hansen O'Neil Thomas
Brown, B. Hardman Pestka Waters
Brown, R. Jacobs Phillips Whitmer
Callahan Jamnick Plakas Williams
Clark, I. Kolb Quarles Wojno
Clarke, H. Lipsey Reeves Woodward
Daniels Lockwood Rivet Zelenko
In The Chair: Julian
Rep. Richardville moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
______
Reps. Plakas, Anderson, Phillips, Waters, Callahan, Lockwood, Murphy, Kolb, Basham, Williams, Lipsey, Jacobs, Dennis, Schauer, Jamnick, Minore, Reeves and Clark, having reserved the right to explain their nay vote, made the following statement:
"Mr. Speaker and members of the House:
I voted no on the conference report to House Bill 5642, the Agriculture budget, because:
* I believe the cuts to the Food Bank in this time of economic uncertainty is irresponsible when the demand for the services are increasing.
In addition, I voted no on House Bill 5642 because:
* The conference report did remove $ 4 million dollars that would go to the animal diagnostic lab is being built at MSU. This laboratory would examine chronic wasting disease, bovine TB and testing if an anthrax outbreak were to occur.
* This state is facing a $480 million deficit for the current 2002 fiscal year and over $350 million for next fiscal year, 2003. As it stands right now, a number of revenues which contribute substantially to the state's General Fund are down a full ten percent from where they were a year ago.
* Unfortunately, the Governor and Republican Legislatures still cannot recommend actions to deal with the state's structural deficit. Until we receive a clearer indication on where our revenues are heading and how the Republican Legislative leadership intends to deal with the state's structural deficit, I cannot in good conscience vote to make cuts in essential programs."
Rep. Spade, having reserved the right to explain his nay vote, made the following statement:
"Mr. Speaker and members of the House:
I voted no on the conference report to House Bill 5642, the Agriculture budget, because:
I believe the cuts to the Food Bank in this time of economic uncertainty is irresponsible when the demand for the services are increasing.
In addition, I voted no on House Bill 5642 because:
The conference report did remove $ 4 million dollars that would go to the animal diagnostic lab is being built at MSU. This laboratory would examine chronic wasting disease, bovine TB and testing if an anthrax outbreak were to occur."
Rep. Zelenko, having reserved the right to explain her nay vote, made the following statement:
"Mr. Speaker and members of the House:
I voted no on the conference report for HB 5642 (Agriculture Budget) because I feel that the removal of $4 million for the animal diagnostic lab at MSU is wrong. Especially due to the need of examining chronic wasting disease, bovine TB and testing in the event of an anthrax outbreak. I also believe that the cuts to the Food Bank are heartless, irresponsible, and unmindful of the increasing demand for these services during these times of economic uncertainty. In addition, the State of Michigan is facing a $480 + million deficit for this current fiscal year (2002) and over $350 million for next fiscal year (2003). With the revenues that contribute to the State's General Fund down from last year, and the projections indicate they will continue to fall, it makes sense to seriously consider a pause in the scheduled SBT and Income Tax cuts, and focus on the state's structural deficit."
Second Reading of Bills
Senate Bill No. 1242, entitled
A bill to amend 1980 PA 350, entitled "The nonprofit health care corporation reform act," (MCL 550.1101 to 550.1704) by adding section 416c.
The bill was read a second time.
Rep. Richardville moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
House Bill No. 5881, entitled
A bill to amend 1979 PA 94, entitled "The state school aid act of 1979," by amending sections 22b, 96, and 104a (MCL 388.1622b, 388.1696, and 388.1704a), section 22b as amended by 2001 PA 121, section 96 as added by 2000 PA 297, and section 104a as amended by 1999 PA 119.
(The bill was read a second time, substituted, amendment offered and bill postponed temporarily on June 19, see House Journal No. 57, p. 2200.)
The question being on the adoption of the amendment offered previously by Rep. Bovin,
Point of Order
Rep. Frank requested a point of order on whether the bill is properly before the House.
The Chair ruled that the bill is properly before the House.
The question being on the adoption of the amendment offered previously by Rep. Bovin,
The amendment was adopted, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 967 Yeas--64
Adamini Daniels Lipsey Reeves
Allen Dennis Lockwood Rivet
Anderson DeWeese Mans Schauer
Basham Ehardt McConico Shackleton
Bernero Frank Mead Spade
Birkholz Garza Middaugh Stallworth
Bogardus Gieleghem Minore Stamas
Bovin Hager Murphy Switalski
Bradstreet Hale Neumann Thomas
Brown, B. Hansen Newell Vander Roest
Brown, R. Hardman O'Neil Waters
Callahan Jacobs Pestka Whitmer
Cassis Jamnick Phillips Williams
Caul Julian Plakas Wojno
Clark, I. Kolb Quarles Woodward
Clarke, H. Kowall Raczkowski Zelenko
Nays--36
Bisbee Godchaux Kuipers Rocca
Bishop Gosselin LaSata Scranton
Brown, C. Hart Meyer Shulman
DeRossett Howell Mortimer Stewart
DeVuyst Hummel Palmer Tabor
Drolet Johnson, Rick Pappageorge Van Woerkom
Faunce Johnson, Ruth Patterson Vander Veen
George Koetje Richardville Vear
Gilbert Kooiman Richner Voorhees
In The Chair: Julian
Reps. Switalski and Rivet moved to amend the bill as follows:
1. Amend page 144, following line 21, by striking out all of enacting section 2.
The question being on the adoption of the amendment offered by Reps. Switalski and Rivet,
Rep. Switalski demanded the yeas and nays.
The demand was supported.
The question being on the adoption of the amendment offered by Reps. Switalski and Rivet,
The amendment was not adopted, a majority of the members serving not voting therefor, by yeas and nays, as follows:
Roll Call No. 968 Yeas--54
Adamini Drolet McConico Schauer
Anderson Frank Minore Sheltrown
Basham Garza Murphy Spade
Bernero Gieleghem Neumann Stallworth
Bogardus Gosselin O'Neil Stamas
Bovin Hale Pestka Switalski
Bradstreet Hansen Phillips Thomas
Brown, B. Hardman Plakas Waters
Brown, R. Jacobs Quarles Whitmer
Callahan Jamnick Raczkowski Williams
Clark, I. Kolb Reeves Wojno
Clarke, H. Lipsey Rivet Woodward
Daniels Lockwood Rocca Zelenko
Dennis Mans
Nays--47
Allen George Kooiman Richardville
Birkholz Gilbert Kowall Scranton
Bisbee Godchaux LaSata Shackleton
Bishop Hager Mead Shulman
Brown, C. Hart Meyer Stewart
Cassis Howell Middaugh Tabor
Caul Hummel Mortimer Van Woerkom
DeRossett Jelinek Newell Vander Roest
DeVuyst Johnson, Rick Palmer Vander Veen
DeWeese Johnson, Ruth Pappageorge Vear
Ehardt Julian Patterson Voorhees
Faunce Koetje Pumford
In The Chair: Julian
Rep. Switalski moved to reconsider the vote by which the House did not adopt the amendment.
The motion did not prevail, a majority of the members serving not voting therefor.
Rep. Bogardus moved to amend the bill as follows:
1. Amend page 35, line 5, after "51c." by inserting "HOWEVER, NOTWITHSTANDING ANY OTHER PROVISION OF THIS ACT, THERE SHALL NOT BE ANY STATE SCHOOL AID ALLOCATED UNDER THIS SECTION OR ANY OTHER PROVISION OF THIS ACT TO A PUBLIC SCHOOL ACADEMY AUTHORIZED BY A FEDERAL TRIBALLY CONTROLLED COMMUNITY COLLEGE AFTER JUNE 16, 2002.".
The question being on the adoption of the amendment offered by Rep. Bogardus,
Rep. Bogardus demanded the yeas and nays.
The demand was supported.
The question being on the adoption of the amendment offered by Rep. Bogardus,
The amendment was not adopted, a majority of the members serving not voting therefor, by yeas and nays, as follows:
Roll Call No. 969 Yeas--53
Adamini Dennis Mans Reeves
Anderson Frank McConico Schauer
Basham Garza Mead Sheltrown
Bernero Gieleghem Middaugh Spade
Birkholz Godchaux Minore Stallworth
Bogardus Hale Mortimer Stewart
Bovin Hansen Murphy Switalski
Brown, B. Hardman Neumann Thomas
Brown, C. Jacobs O'Neil Waters
Brown, R. Jamnick Pestka Whitmer
Callahan Kolb Phillips Williams
Clark, I. Lipsey Plakas Woodward
Clarke, H. Lockwood Pumford Zelenko
Daniels
Nays--41
Allen Gilbert Kuipers Rocca
Bisbee Gosselin LaSata Scranton
Bishop Hart Meyer Shackleton
Cassis Howell Newell Shulman
Caul Hummel Palmer Stamas
DeRossett Johnson, Rick Pappageorge Tabor
DeWeese Julian Patterson Vander Roest
Drolet Koetje Raczkowski Vander Veen
Ehardt Kooiman Richardville Vear
Faunce Kowall Richner Voorhees
George
In The Chair: Julian
Rep. Jacobs moved to reconsider the vote by which the House did not adopt the amendment.
The question being on the motion made by Rep. Jacobs,
Rep. Jacobs demanded the yeas and nays.
The demand was supported.
The question being on the motion made by Rep. Jacobs,
The motion did not prevail, a majority of the members serving not voting therefor, by yeas and nays, as follows:
Roll Call No. 970 Yeas--48
Adamini Dennis Mans Schauer
Anderson Frank McConico Sheltrown
Basham Garza Minore Spade
Bernero Gieleghem Murphy Stallworth
Bogardus Hale Neumann Switalski
Bovin Hansen O'Neil Thomas
Brown, B. Hardman Pestka Waters
Brown, R. Jacobs Phillips Whitmer
Callahan Jamnick Plakas Williams
Clark, I. Kolb Quarles Wojno
Clarke, H. Lipsey Reeves Woodward
Daniels Lockwood Rivet Zelenko
Nays--55
Allen George Kowall Richner
Birkholz Gilbert Kuipers Rocca
Bisbee Godchaux LaSata Scranton
Bishop Gosselin Mead Shackleton
Bradstreet Hager Meyer Shulman
Brown, C. Hart Middaugh Stamas
Cassis Howell Mortimer Stewart
Caul Hummel Newell Tabor
DeRossett Jelinek Palmer Van Woerkom
DeVuyst Johnson, Rick Pappageorge Vander Roest
DeWeese Johnson, Ruth Patterson Vander Veen
Drolet Julian Pumford Vear
Ehardt Koetje Raczkowski Voorhees
Faunce Kooiman Richardville
In The Chair: Julian
______
The Speaker Pro Tempore assumed the Chair.
Rep. Schauer moved to amend the bill as follows:
1. Amend page 35, line 5, after "51c." by inserting "HOWEVER, NOTWITHSTANDING ANY OTHER PROVISION OF THIS ACT, THERE SHALL NOT BE ANY STATE SCHOOL AID ALLOCATED UNDER THIS SECTION OR ANY OTHER PROVISION OF THIS ACT TO A PUBLIC SCHOOL ACADEMY AUTHORIZED BY A FEDERAL TRIBALLY CONTROLLED COMMUNITY COLLEGE AFTER JULY 1, 2002.".
The question being on the adoption of the amendment offered by Rep. Schauer,
Rep. Schauer demanded the yeas and nays.
The demand was supported.
The question being on the adoption of the amendment offered by Rep. Schauer,
The amendment was not adopted, a majority of the members serving not voting therefor, by yeas and nays, as follows:
Roll Call No. 971 Yeas--54
Adamini Dennis McConico Schauer
Anderson Frank Middaugh Scranton
Basham Garza Minore Sheltrown
Bernero Gieleghem Mortimer Spade
Birkholz Godchaux Murphy Stallworth
Bogardus Hale Neumann Switalski
Bovin Hansen O'Neil Thomas
Brown, B. Hardman Pestka Waters
Brown, C. Jacobs Phillips Whitmer
Brown, R. Jamnick Plakas Williams
Callahan Kolb Quarles Wojno
Clark, I. Lipsey Reeves Woodward
Clarke, H. Lockwood Rivet Zelenko
Daniels Mans
Nays--46
Allen George Kuipers Rocca
Bisbee Gilbert LaSata Shackleton
Bishop Gosselin Mead Shulman
Bradstreet Hager Meyer Stamas
Cassis Hart Newell Stewart
Caul Howell Palmer Tabor
DeRossett Hummel Pappageorge Van Woerkom
DeVuyst Johnson, Rick Patterson Vander Roest
DeWeese Julian Raczkowski Vander Veen
Drolet Koetje Richardville Vear
Ehardt Kooiman Richner Voorhees
Faunce Kowall
In The Chair: Birkholz
Rep. LaSata 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. 5881, entitled
A bill to amend 1979 PA 94, entitled "The state school aid act of 1979," by amending sections 22b, 96, and 104a (MCL 388.1622b, 388.1696, and 388.1704a), section 22b as amended by 2001 PA 121, section 96 as added by 2000 PA 297, and section 104a as amended by 1999 PA 119.
Was read a third time and not passed, a majority of the members serving not voting therefor, by yeas and nays, as follows:
Roll Call No. 972 Yeas--53
Allen Gilbert Kuipers Richner
Birkholz Godchaux LaSata Rocca
Bisbee Hager Mead Scranton
Bishop Hart Meyer Shackleton
Bradstreet Howell Middaugh Shulman
Brown, C. Hummel Mortimer Stamas
Cassis Jelinek Newell Stewart
Caul Johnson, Rick Palmer Tabor
DeRossett Johnson, Ruth Pappageorge Van Woerkom
DeVuyst Julian Patterson Vander Roest
DeWeese Koetje Pumford Vander Veen
Ehardt Kooiman Raczkowski Vear
Faunce Kowall Richardville Voorhees
George
Nays--49
Adamini Drolet Lockwood Schauer
Anderson Frank Mans Sheltrown
Basham Garza McConico Spade
Bernero Gieleghem Minore Stallworth
Bogardus Gosselin Murphy Switalski
Bovin Hale Neumann Thomas
Brown, B. Hansen O'Neil Waters
Brown, R. Hardman Phillips Whitmer
Callahan Jacobs Plakas Williams
Clark, I. Jamnick Quarles Wojno
Clarke, H. Kolb Reeves Woodward
Daniels Lipsey Rivet Zelenko
Dennis
In The Chair: Birkholz
______
Reps. Dennis, Reeves, Callahan, Jacobs, Waters, Murphy, Basham, Lipsey, Hale, Minore, Clark, Bogardus, Adamini, Williams, Zelenko, Brown, Anderson, Jamnick and Plakas, having reserved the right to explain their protest against passage, made the following statement:
"Mr. Speaker and members of the House:
I voted no on HB 5881 because the funding scheme in this bill is all smoke and mirrors. Three years ago the Governor stripped $420 million in GF/GP funding from the School Aid budget with the promise that the funding would be returned in FY 2003. If the Governor would keep that promise, then the Legislature would not be raising taxes on the people of this State. THis bill would not be facing a severe deficit if that funding were restored. There is no need to raise this tax; instead, the Governor should keep his promise."
Rep. Schauer, having reserved the right to explain his protest against passage, made the following statement:
"Mr. Speaker and members of the House:
I voted no on HB 5881 because the funding scheme in this bill is all smoke and mirrors. Three years ago the Governor stripped $420 million in GF/GP funding from the School Aid budget with the promise that the funding would be returned in FY 2003. If the Governor would keep that promise, then the Legislature would not be raising taxes on the people of this State. THis bill would not be facing a severe deficit if that funding were restored. There is no need to raise the cigarette tax; instead, the Governor should keep his promise."
Rep. Spade, having reserved the right to explain his protest against passage, made the following statement:
"Mr. Speaker and members of the House:
I voted no on HB 5881 because it is irresponsible to pass a two-year K-12 budget when the state continues to experience declining revenues. The language in the bill linking school aid for 2003-04 to approval of a cigarette tax increase inappropriately attempts to force one segment of the state's population to shoulder an inordinate proportion of the expense. Furthermore, history has shown that this legislature cannot entirely keep its promises to schools and frequently makes negative budget adjustments to them. Passage of this bill would have given no guarantee to schools that the funding would be forthcoming. And the next legislature would be under no obligation to adhere to this budget's provisions."
Rep. Richardville moved to reconsider the vote by which the House did not pass the bill.
The motion prevailed, a majority of the members serving voting therefor.
The question being on the passage of the bill,
Rep. Richardville moved that consideration of the bill be postponed temporarily.
The motion prevailed.
______
Rep. Richardville moved that House Committees be given leave to meet during the balance of today's session.
The motion prevailed.
Rep. Richardville moved that when the House adjourns today it stand adjourned until Thursday, June 27, at 12:00 Noon.
The motion prevailed.
Rep. Richner moved that the House adjourn.
The motion prevailed, the time being 1:05 a.m.
The Speaker Pro Tempore declared the House adjourned until Thursday, June 27, at 12:00 Noon.
GARY L. RANDALL
Clerk of the House of Representatives.