No. 72
STATE OF MICHIGAN
JOURNAL
OF THE
House of Representatives
91st Legislature
REGULAR SESSION OF 2002
House Chamber, Lansing, Friday, December 6, 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--excused
Brown, Cameron--present
Brown, Rich--present
Callahan--excused
Cassis--present
Caul--present
Clark--present
Clarke--present
Daniels--excused
Dennis--present
DeRossett--present
DeVuyst--excused
DeWeese--present
Drolet--present
Durhal--present
Ehardt--present
Faunce--excused
Frank--present
Garza--present
George--present
Gieleghem--present
Gilbert--present
Godchaux--present
Gosselin--present
Hager--present
Hale--excused
Hansen--present
Hardman--present
Hart--excused
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--excused
Lockwood--present
Mans--excused
McConico--present
Mead--present
Meyer--present
Middaugh--present
Minore--present
Mortimer--present
Murphy--present
Neumann--present
Newell--present
O'Neil--excused
Palmer--present
Pappageorge--present
Patterson--present
Pestka--present
Phillips--present
Plakas--excused
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--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
Rep. Wayne Kuipers, from the 90th District, offered the following invocation:
"Father, the hour is late. We come before You and ask that You would grant Your wisdom and Your peace to be upon each person in this Chamber and in this gallery. Thank You for the men and women here and for the constituencies that they represent. We ask that You would bless the process as we go into the early morning hours of this day. Guide the decisions that are made. We pray that each decision will be made in keeping with Your will and Your guidance. We pray that You would give us all a spirit of service, give us hearts filled with understanding and hearts filled with the desire to do what is best and what is right for the people of the state of Michigan. We ask these things in the name of Jesus. Amen."
______
Rep. Jacobs moved that Reps. Bob Brown, Callahan, Daniels, Hale, Lipsey, Mans, O'Neil, Plakas, Rison and Schermesser be excused from today's session.
The motion prevailed.
Rep. Vander Roest moved that Reps. DeVuyst, Hart and Faunce be excused from today's session.
The motion prevailed.
Introduction of Bills
Rep. Kolb introduced
House Bill No. 6571, entitled
A bill to authorize governing bodies located within certain counties to levy and collect impact fees on developers to defray the cost of certain improvements required by land development; to provide for certain credits and exemptions; to allow the governing bodies to enter into agreements relating to impact fees; to prescribe powers and duties of the governing bodies; to prescribe the powers and duties of certain state agencies and officers; to create certain funds; and to prescribe remedies.
The bill was read a first time by its title and referred to the Committee on Land Use and Environment.
By unanimous consent the House returned to the order of
Messages from the Senate
House Bill No. 5705, entitled
A bill to make, supplement, and adjust appropriations for various state departments and agencies for the fiscal year ending September 30, 2002 and the fiscal year ending September 30, 2003; to provide for the expenditure of the appropriations; and to repeal acts and parts of acts.
(The bill was received from the Senate on December 5, with substitute (S-2) and immediate effect, Rule 45 suspended, amended and bill postponed temporarily on December 5, see House Journal No. 71, p. 2884.)
The question being on concurring in the substitute (S-2) made to the bill by the Senate,
Reps. Gosselin, Bradstreet, Vander Veen and Voorhees moved to amend the Senate substitute (S-2) as follows:
1. Amend page 38, following line 13, by inserting:
"Sec. 1803. The bureau of state lottery or any other agency of state government shall not expend funds for the purchase or operation of instant lottery ticket vending machines or a changeplay lottery game.".
The question being on the adoption of the amendment offered by Reps. Gosselin, Bradstreet, Vander Veen and Voorhees,
Rep. Gosselin demanded the yeas and nays.
The demand was supported.
The question being on the adoption of the amendment offered by Reps. Gosselin, Bradstreet, Vander Veen and Voorhees,
The amendment was not adopted, a majority of the members serving not voting therefor, by yeas and nays, as follows:
Roll Call No. 1204 Yeas--41
| Allen | Gilbert | Lemmons | Richardville |
| Basham | Gosselin | Meyer | Schauer |
| Birkholz | Hager | Middaugh | Stamas |
| Bishop | Hummel | Mortimer | Van Woerkom |
| Bradstreet | Jansen | Newell | Vander Roest |
| Brown, C. | Jelinek | Pappageorge | Vander Veen |
| Cassis | Johnson, Ruth | Patterson | Vear |
| DeWeese | Koetje | Pumford | Voorhees |
| Drolet | Kooiman | Raczkowski | Wojno |
| Ehardt | Kuipers | Reeves | Woodward |
George
Nays--53
| Adamini | Garza | Lockwood | Shulman |
| Anderson | Gieleghem | McConico | Spade |
| Bernero | Hansen | Mead | Stallworth |
| Bisbee | Hardman | Minore | Stewart |
| Bogardus | Howell | Neumann | Switalski |
| Bovin | Jacobs | Palmer | Tabor |
| Brown, R. | Jamnick | Pestka | Thomas |
| Caul | Johnson, Rick | Phillips | Toy |
| Clark, I. | Julian | Rivet | Waters |
| Clarke, H. | Kolb | Rocca | Whitmer |
| Dennis | Kowall | Scranton | Williams |
| DeRossett | LaSata | Shackleton | Woronchak |
| Durhal | Lipsey | Sheltrown | Zelenko |
Frank
In The Chair: Julian
The question being on concurring in the substitute (S-2) made to the bill by the Senate,
The substitute (S-2), as amended, was concurred in, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 1205 Yeas--66
| Adamini | Frank | Mead | Shackleton |
| Allen | George | Meyer | Sheltrown |
| Bernero | Gilbert | Middaugh | Shulman |
| Birkholz | Hager | Mortimer | Spade |
| Bisbee | Howell | Murphy | Stallworth |
| Bishop | Hummel | Neumann | Stamas |
| Bovin | Jansen | Newell | Stewart |
| Bradstreet | Jelinek | Palmer | Tabor |
| Brown, C. | Johnson, Rick | Pappageorge | Toy |
| Brown, R. | Johnson, Ruth | Patterson | Van Woerkom |
| Cassis | Julian | Pestka | Vander Roest |
| Caul | Koetje | Pumford | Vander Veen |
| DeRossett | Kooiman | Richardville | Vear |
| DeWeese | Kowall | Rocca | Voorhees |
| Drolet | Kuipers | Schauer | Whitmer |
| Durhal | LaSata | Scranton | Woronchak |
Ehardt Lockwood
Nays--30
| Anderson | Godchaux | McConico | Rivet |
| Basham | Hansen | Minore | Switalski |
| Bogardus | Hardman | Phillips | Waters |
| Clark, I. | Jacobs | Quarles | Williams |
| Clarke, H. | Jamnick | Raczkowski | Wojno |
| Dennis | Kolb | Reeves | Woodward |
| Garza | Lemmons | Richner | Zelenko |
Gieleghem Lipsey
In The Chair: Julian
______
Reps. Minore and Jamnick, having reserved the right to explain their nay vote, made the following statement:
"Mr. Speaker and members of the House:
While I recognize the need for significant spending cuts, this bill--combined with the Executive Order cuts--doesn't address the long range issues of Michigan's economy. There are excessive cuts in locl government support, including revenue sharing and fire protection grants. There are significant cuts in family planning and school health programs. The cuts rely too heavily on one-time 'fixes' rather than dealing with a structural deficit. The Legislature has failed to address revenue and failed to halt cuts in the personal income tax which would have alleviated the significant budget deficit. Finally, the inclusion of language dealing with regional elections of University Boards is inappropriately placed in this budget bill--proving the fallacy of this 'lame duck' session and the danger of dealing with issues without appropriate public in put."
Reps. Basham, Lemmons, Clark, Phillips and Anderson, having reserved the right to explain their nay vote, made the following statement:
"Mr. Speaker and members of the House:
"While I recognize the need for substantial spending cuts, this bill, combined with the executive order--fails to address the long term structural deficit problems plaguing our state budget. Local units of government are shouldering a disproportionate share of the cuts by sustaining not only a 3.5% cut in local revenue sharing but in local fire grant funding. In addition, the current administration's continues it's approach to budget problem solving cuts, 40% of which are one time fixes. While the comfort level of a lame duck legislature may be high in approving one-time fixes to our budget crisis, I don't believe the citizens of this state will share that comfort level for long."
Rep. Kolb, having reserved the right to explain his nay vote, made the following statement:
"While I recognize the need for substantial spending cuts, this bill, combined with the executive order--fails to address the long term structural deficit problems plaguing our state budget. Local units of government are shouldering a disproportionate share of the cuts by sustaining not only a 3.5% cut in local revenue sharing but in local fire grant funding. In addition, the current administration's continues it's approach to budget problem solving cuts, 40% of which are one time fixes. While the comfort level of a lame duck legislature may be high in approving one-time fixes to our budget crisis, I don't believe the citizens of this state will share that comfort level for long.
I cannot support the tying of vital dollars for our public universities to a change in how the governing boards of the University of Michigan, Michigan State University and Wayne State University are elected."
By unanimous consent the House returned to the order of
Motions and Resolutions
Rep. Richardville moved that the Committee on Appropriations be discharged from further consideration of House Bill No. 5691.
(For first notice see House Journal No. 71, p. 2887.)
The motion prevailed.
The bill was referred to the order of Second Reading of Bills.
Second Reading of Bills
House Bill No. 5691, entitled
A bill to make appropriations for the department of community health for the fiscal year ending September 30, 2003; to provide for the expenditure of the appropriations; and to provide for the disposition of fees and other income received by the state agency.
The bill was read a second time.
Rep. Vander Roest moved to substitute (H-1) the bill.
The motion prevailed and the substitute (H-1) was adopted, a majority of the members serving voting therefor.
Rep. Shulman moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
Rep. Richardville moved that the bill be placed on its immediate passage.
The motion prevailed, a majority of the members serving voting therefor.
Rep. Richardville moved that Rule 49 be suspended.
The motion prevailed, 3/5 of the members present voting therefor.
By unanimous consent the House returned to the order of
Third Reading of Bills
House Bill No. 5691, entitled
A bill to make appropriations for the department of community health for the fiscal year ending September 30, 2003; to provide for the expenditure of the appropriations; and to provide for the disposition of fees and other income received by the state agency.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 1206 Yeas--82
| Adamini | Gilbert | Middaugh | Spade |
| Allen | Godchaux | Minore | Stallworth |
| Anderson | Hager | Mortimer | Stamas |
| Basham | Hansen | Murphy | Stewart |
| Bernero | Hardman | Neumann | Switalski |
| Birkholz | Hummel | Palmer | Tabor |
| Bogardus | Jacobs | Patterson | Thomas |
| Bovin | Jansen | Pestka | Toy |
| Bradstreet | Jelinek | Phillips | Van Woerkom |
| Brown, C. | Johnson, Ruth | Pumford | Vander Roest |
| Brown, R. | Julian | Quarles | Vander Veen |
| Caul | Koetje | Raczkowski | Vear |
| Clark, I. | Kolb | Reeves | Voorhees |
| Clarke, H. | Kooiman | Richardville | Waters |
| Drolet | Kuipers | Rivet | Whitmer |
| Durhal | Lemmons | Rocca | Williams |
| Ehardt | Lipsey | Schauer | Wojno |
| Frank | Lockwood | Scranton | Woodward |
| Garza | McConico | Shackleton | Woronchak |
| George | Mead | Sheltrown | Zelenko |
Gieleghem Meyer
Nays--12
| Bisbee | DeRossett | Johnson, Rick | Newell |
| Bishop | DeWeese | Kowall | Pappageorge |
| Cassis | Howell | LaSata | Shulman |
In The Chair: Julian
The question being on agreeing to the title of the bill,
Rep. Patterson moved to amend the title to read as follows:
A bill to supplement appropriations for the department of community health for the fiscal year ending September 30, 2003; and to repeal acts and parts of acts.
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
Motions and Resolutions
Rep. Richardville moved that the Committee on Senior Health, Security and Retirement be discharged from further consideration of House Bill No. 5469.
(For first notice see House Journal No. 71, p. 2887.)
The motion prevailed.
The bill was referred to the order of Second Reading of Bills.
Reps. Birkholz, Raczkowski, Ruth Johnson, Vander Veen, LaSata, Middaugh, Bovin, Allen, Toy, Van Woerkom, Richardville, Voorhees, Kowall, Shackleton, Hager, Gilbert, Bishop, Ehardt, George, Kooiman and Jansen offered the following resolution:
House Resolution No. 607.
A resolution to urge the United States Environmental Protection Agency to expedite the release of funds through the Great Lakes Legacy Act of 2002 to address sediment contamination.
Whereas, In response to contamination in sediment along parts of the bottomlands of the Great Lakes and connected waterways, Congress has enacted the Great Lakes Legacy Act of 2002. This legislation, which amends the Federal Water Pollution Control Act, authorizes the Environmental Protection Agency to provide assistance for the remediation of certain areas with major problems. The areas with accumulated contamination include locations in Michigan that are very important to public health and safety because of their proximity to heavily populated regions; and
Whereas, The Great Lakes Legacy Act authorizes the expenditure of $250 million over five years. There are several locations in Michigan included among the projects that are to be addressed by the legislation. In most cases, the contaminated sediment has resulted from years of misuse, including the dumping of toxic chemicals long ago. Cleanup efforts are more complex and expensive because of the steps that must be taken to minimize the damage that may result from disturbing the sediment. Priority will be given to sites identified by the Environmental Protection Agency as "areas of concern"; and
Whereas, In addition to the direct removal of contamination in certain areas, the Great Lakes Legacy Act also will provide for increased research into this problem and the development of technologies to address sediment contamination throughout the entire Great Lakes area. Clearly, this is an initiative that is of great importance to the quality of our nation's greatest freshwater resource; now, therefore, be it
Resolved by the House of Representatives, That we urge the United States Environmental Protection Agency to expedite the release of funds through the Great Lakes Legacy Act of 2002 to address sediment contamination; and be it further
Resolved, That copies of this resolution be transmitted to the Office of the President of the Untied States, the members of the Michigan congressional delegation, the Department of Environmental Quality, the Office of the Great Lakes, and the United States Environmental Protection Agency.
The resolution was referred to the Committee on Land Use and Environment.
Second Reading of Bills
House Bill No. 5469, entitled
A bill to amend 1957 PA 261, entitled "Michigan legislative retirement system act," by amending section 50b (MCL 38.1050b), as amended by 1998 PA 501.
The bill was read a second time.
Rep. Thomas moved to substitute (H-2) the bill.
The motion prevailed and the substitute (H-2) was adopted, a majority of the members serving voting therefor.
Rep. Reeves moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
Rep. Richardville moved that the bill be placed on its immediate passage.
The motion prevailed, a majority of the members serving voting therefor.
Rep. LaSata moved that Rep. Stamas be excused temporarily from today's session.
The motion prevailed.
By unanimous consent the House returned to the order of
Third Reading of Bills
House Bill No. 5469, entitled
A bill to amend 1957 PA 261, entitled "Michigan legislative retirement system act," by amending section 50b (MCL 38.1050b), as amended by 1998 PA 501.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 1207 Yeas--91
| Adamini | George | Lipsey | Scranton |
| Allen | Gieleghem | Lockwood | Shackleton |
| Anderson | Gilbert | McConico | Sheltrown |
| Basham | Godchaux | Mead | Shulman |
| Bernero | Gosselin | Meyer | Spade |
| Birkholz | Hager | Middaugh | Stewart |
| Bisbee | Hansen | Mortimer | Switalski |
| Bishop | Hardman | Murphy | Tabor |
| Bovin | Howell | Neumann | Thomas |
| Brown, C. | Hummel | Newell | Toy |
| Brown, R. | Jacobs | Palmer | Van Woerkom |
| Cassis | Jansen | Pappageorge | Vander Roest |
| Caul | Jelinek | Patterson | Vander Veen |
| Clark, I. | Johnson, Rick | Pestka | Vear |
| Clarke, H. | Johnson, Ruth | Phillips | Voorhees |
| Dennis | Julian | Pumford | Waters |
| DeRossett | Koetje | Quarles | Whitmer |
| DeWeese | Kolb | Raczkowski | Williams |
| Drolet | Kooiman | Reeves | Wojno |
| Durhal | Kowall | Richardville | Woodward |
| Ehardt | Kuipers | Richner | Woronchak |
| Frank | LaSata | Rivet | Zelenko |
| Garza | Lemmons | Rocca |
Nays--0
In The Chair: Julian
The question being on agreeing to the title of the bill,
Rep. Patterson moved to amend the title to read as follows:
A bill to amend 1957 PA 261, entitled "Michigan legislative retirement system act," by amending sections 50b and 75 (MCL 38.1050b and 38.1075), as amended by 1998 PA 501.
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
Motions and Resolutions
Rep. Richardville moved that Rule 45(c) be suspended.
The motion prevailed, 3/5 of the members present voting therefor.
Rep. Koetje moved that the Committee on Commerce be discharged from further consideration of House Resolution No. 540.
The motion prevailed.
Rep. Richardville moved that Rule 45(c) be suspended.
The motion prevailed, 3/5 of the members present voting therefor.
Rep. Richardville moved that the Committee on Commerce be discharged from further consideration of House Bill No. 5035.
The motion prevailed.
The bill was referred to the order of Second Reading of Bills.
Second Reading of Bills
House Bill No. 5035, entitled
A bill to amend 1964 PA 284, entitled "City income tax act," (MCL 141.501 to 141.787) by adding section 10 to chapter 1 and section 65a to chapter 2.
The bill was read a second time.
Rep. Hale moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
Rep. Richardville moved that the bill be placed on its immediate passage.
The motion prevailed, a majority of the members serving voting therefor.
______
Rep. Rivet moved that Rep. Sheltrown be excused temporarily from today's session.
The motion prevailed.
By unanimous consent the House returned to the order of
Third Reading of Bills
House Bill No. 5035, entitled
A bill to amend 1964 PA 284, entitled "City income tax act," (MCL 141.501 to 141.787) by adding section 10 to chapter 1 and section 65a to chapter 2.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 1208 Yeas--87
| Adamini | George | McConico | Shackleton |
| Allen | Gieleghem | Mead | Shulman |
| Anderson | Gilbert | Meyer | Spade |
| Basham | Hager | Middaugh | Stamas |
| Bernero | Hansen | Minore | Stewart |
| Birkholz | Hardman | Mortimer | Switalski |
| Bisbee | Howell | Murphy | Tabor |
| Bogardus | Hummel | Neumann | Thomas |
| Bovin | Jacobs | Newell | Toy |
| Bradstreet | Jamnick | Palmer | Van Woerkom |
| Brown, C. | Jansen | Pappageorge | Vander Roest |
| Brown, R. | Jelinek | Patterson | Vander Veen |
| Caul | Johnson, Rick | Pestka | Vear |
| Clark, I. | Julian | Phillips | Voorhees |
| Clarke, H. | Koetje | Pumford | Waters |
| Dennis | Kolb | Quarles | Whitmer |
| DeRossett | Kooiman | Raczkowski | Williams |
| DeWeese | Kuipers | Reeves | Wojno |
| Drolet | LaSata | Richardville | Woodward |
| Durhal | Lemmons | Rivet | Woronchak |
| Ehardt | Lipsey | Schauer | Zelenko |
| Garza | Lockwood | Scranton |
Nays--6
Bishop Gosselin Kowall Rocca
Cassis Johnson, Ruth
In The Chair: Julian
The House agreed to the title of the bill.
Rep. Richardville moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
______
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 Tuesday, December 10, at 12:00 Noon.
The motion prevailed.
Rep. Richardville moved that the House adjourn.
The motion prevailed, the time being 1:00 a.m.
Associate Speaker Pro Tempore Julian declared the House adjourned until Tuesday, December 10, at 12:00 Noon.
GARY L. RANDALL
Clerk of the House of Representatives.