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E-M:/ The votes on SB 205



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Enviro-Mich message from anne.woiwode@sfsierra.sierraclub.org
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 Friends:
     
 With apologies for the length, here is the way SB 205 snaked its way 
 through the House of Reps. in the wee hours of the morning today.  This is 
 taken from the House Journal directly.
     
 The bill as it came to the floor was SB 205 H-4, which was the version 
 which passed the Agriculture Committee last month.  SB 205 H-7 is a 
 substitute which made modest changes in an attempt to appear to cater to 
 the Township officials -- most notably the bill requires that notice be 
 given to local officials by the MDA when they are coming to investigate a 
 complaint filed under Right to Farm in their community.  Note that there 
 are several votes on amendments. In each case a Yea vote on the amendment 
 is the pro-environment/pro-family farm vote. 
     
 The last roll call vote is on the passage of the bill itself (61-48). On 
 the final roll call vote a NO vote is the pro-family farm/pro-environment 
 vote.  For those interested in party breakdowns, the following Republicans 
 voted NO on SB 205 (BRAVO!):  William Byl, Ruth Johnson, Mike Kowall, and 
 Jerry Vander Roest.  The following Democrats voted YES on SB 205 (BOO!): 
 Kwame Kilpatrick, Lemar Lemmons, William O'Neil, Joseph Rivet, Dale 
 Sheltrown, Paul Tesanovich, and Doug Spade.
     
 Also included is the statement entered into the record by Rep. Vander 
 Roest which I think does an EXCELLENT job of explaining why any member of 
 the House should have been exceedingly queasy about voting for this 
 turkey.  Copies of the bill as it passed the House will be available on 
 the Michigan Legislature website soon, although I couldn't find it this 
 afternoon yet.
     
 Anne Woiwode
 ---------------------------------
     
 HOUSE JOURNAL for December 9, 1999 (you can find this on Michigan 
 Legislature webpage at www.michiganlegislature.org) 
 ---------------------------------
 Senate Bill No. 205, entitled 
 A bill to amend 1981 PA 93, entitled "Michigan right to farm act," by 
 amending section 4 (MCL 286.474), as amended by 1995 PA 94. 
 Was read a second time, and the question being on the adoption of the 
 proposed substitute (H-4) previously recommended by the Committee on 
 Agriculture and Resource Management, 
 The substitute (H-4) was adopted, a majority of the members serving voting 
 therefor. 
 Rep. Green moved to substitute (H-7) the bill. 
 The motion prevailed and the substitute (H-7) was adopted, a majority of 
 the members serving voting therefor. 
 Rep. Hansen moved to amend the bill as follows: 
 1. Amend page 4, line 8, after "(5)" by striking out "EXCEPT AS PROVIDED 
 IN SUBSECTION (6), THIS" and inserting "This". 
 2. Amend page 5, following line 2, by inserting: 
 "(7) SUBSECTION (6) DOES NOT APPLY TO A LOCAL ORDINANCE, REGULATION, OR 
 RESOLUTION THAT REGULATES OR PROHIBITS A FARM OR FARM OPERATION WITH 1,000 
 OR MORE ANIMAL UNITS, AS DEFINED IN APPENDIX B TO PART 122 OF TITLE 40 OF 
 THE CODE OF FEDERAL REGULATIONS." and renumbering the remaining 
 subsections. 
 The question being on the adoption of the amendments offered by Rep. 
 Hansen, 
 Rep. Hansen demanded the yeas and nays. 
 The demand was supported. 
 The question being on the adoption of the amendments offered by Rep. 
 Hansen, 
 The amendments were not adopted, a majority of the members serving not 
 voting therefor, by yeas and nays, as follows: 
     
 Roll Call No. 1175 Yeas--44 
 Baird  DeHart  Kelly   Quarles
 Basham Dennis  Kilpatrick      Reeves 
 Bogardus       Frank   LaForge Rison 
 Bovin  Garza   Lemmons Schauer
 Brater Gieleghem       Lockwood        Schermesser 
 Brown, B.      Hale    Martinez        Scott 
 Callahan       Hanley  Minore  Stallworth
 Cherry Hansen  Neumann Switalski
 Clark, I.      Hardman Pestka  Thomas 
 Clarke, H.     Jacobs  Price   Wojno 
 Daniels        Jamnick Prusi   Woodward
     
 Nays--62 
 Allen  Gilbert Kukuk   Rocca
 Birkholz       Godchaux        LaSata  Sanborn 
 Bisbee Gosselin        Law     Scranton
 Bishop Green   Mead    Shackleton
 Bradstreet     Hager   Middaugh        Sheltrown 
 Brown, C.      Hart    Mortimer        Shulman 
 Byl    Howell  O'Neil  Spade
 Cassis Jansen  Pappageorge     Stamas 
 Caul   Jelinek Patterson       Tabor
 DeRossett      Jellema Perricone       Toy
 DeVuyst        Johnson, Rick   Pumford Van Woerkom
 DeWeese        Johnson, Ruth   Raczkowski      Vander Roest 
 Ehardt Julian  Richardville    Vear
 Faunce Koetje  Richner Voorhees
 Garcia Kowall  Rivet   Woronchak
 Geiger Kuipers 
     
 In The Chair: Scranton 
     
 Rep. Brater moved to amend the bill as follows: 
 1. Amend page 4, line 20, by striking out all of subsection (6) and 
 renumbering the remaining subsections. 
 The question being on the adoption of the amendment offered by Rep. 
 Brater, 
 Rep. Brater demanded the yeas and nays. 
 The demand was supported. 
 The question being on the adoption of the amendment offered by Rep. 
 Brater, 
 The amendments were not adopted, a majority of the members serving not 
 voting therefor, by yeas and nays, as follows: 
     
 Roll Call No. 1176 Yeas--41 
 Baird  Frank   LaForge Reeves
 Bogardus       Garza   Lockwood        Rison 
 Brater Gieleghem       Martinez        Schauer 
 Brown, B.      Hale    Minore  Schermesser 
 Callahan       Hanley  Neumann Scott
 Cherry Hansen  O'Neil  Stallworth
 Clark, I.      Hardman Pestka  Switalski 
 Clarke, H.     Jacobs  Price   Thomas 
 Daniels        Jamnick Prusi   Wojno 
 DeHart Kelly   Quarles Woodward
 Dennis 
     
 Nays--62 
 Allen  Geiger  Kuipers Sanborn
 Birkholz       Gilbert Kukuk   Scranton 
 Bisbee Godchaux        LaSata  Shackleton 
 Bishop Gosselin        Law     Sheltrown 
 Bovin  Green   Lemmons Shulman
 Bradstreet     Hager   Mead    Spade
 Brown, C.      Hart    Middaugh        Stamas 
 Byl    Howell  Mortimer        Tabor
 Cassis Jansen  Pappageorge     Tesanovich 
 Caul   Jelinek Patterson       Toy
 DeRossett      Jellema Perricone       Van Woerkom
 DeVuyst        Johnson, Rick   Richardville    Vander Roest 
 DeWeese        Johnson, Ruth   Richner Vear
 Ehardt Julian  Rivet   Voorhees
 Faunce Koetje  Rocca   Woronchak
 Garcia Kowall 
     
 In The Chair: Scranton 
 Rep. LaForge moved to amend the bill as follows: 
 1. Amend page 6, line 19, after "REQUEST." by striking out the balance of 
 the subsection. 
 The question being on the adoption of the amendment offered by Rep. 
 LaForge, 
 Rep. LaForge demanded the yeas and nays. 
 The demand was supported. 
 The question being on the adoption of the amendment offered by Rep. 
 LaForge, 
 The amendment was not adopted, a majority of the members serving not 
 voting therefor, by yeas and nays, as follows: 
     
 Roll Call No. 1177 Yeas--49 
 Baird  Dennis  LaForge Rison
 Basham Frank   Lemmons Schauer
 Bogardus       Garza   Lockwood        Schermesser 
 Bovin  Gieleghem       Martinez        Scott 
 Brater Hale    Minore  Spade
 Brown, B.      Hanley  Neumann Stallworth 
 Byl    Hansen  O'Neil  Switalski
 Callahan       Hardman Pestka  Tesanovich 
 Cherry Jacobs  Price   Thomas
 Clark, I.      Jamnick Prusi   Vaughn 
 Clarke, H.     Jellema Quarles Wojno 
 Daniels        Kelly   Reeves  Woodward 
 DeHart 
     
 Nays--58 
 Allen  Gilbert Kukuk   Rocca
 Birkholz       Godchaux        LaSata  Sanborn 
 Bisbee Gosselin        Law     Scranton
 Bishop Green   Mead    Shackleton
 Bradstreet     Hager   Middaugh        Sheltrown 
 Brown, C.      Hart    Mortimer        Shulman 
 Cassis Howell  Pappageorge     Stamas
 Caul   Jansen  Patterson       Tabor 
 DeRossett      Jelinek Perricone       Toy
 DeVuyst        Johnson, Rick   Pumford Van Woerkom
 DeWeese        Johnson, Ruth   Raczkowski      Vander Roest 
 Ehardt Julian  Richardville    Vear
 Faunce Koetje  Richner Voorhees
 Garcia Kowall  Rivet   Woronchak
 Geiger Kuipers 
     
 In The Chair: Scranton 
     
 Rep. LaForge moved to amend the bill as follows: 
 1. Amend page 3, line 1, after "CHANGES" by striking out "SHOULD" and 
 inserting "SHALL". 
 The question being on the adoption of the amendment offered by Rep. 
 LaForge, 
 Rep. LaForge demanded the yeas and nays. 
 The demand was supported. 
 The question being on the adoption of the amendment offered by Rep. 
 LaForge, 
 The amendment was not adopted, a majority of the members serving not 
 voting therefor, by yeas and nays, as follows: 
     
 Roll Call No. 1178 Yeas--44 
 Baird  Daniels Jamnick Quarles
 Basham DeHart  Kelly   Reeves
 Bogardus       Dennis  Kilpatrick      Rison 
 Bovin  Frank   LaForge Schauer
 Brater Garza   Lockwood        Schermesser
 Brown, B.      Gieleghem       Martinez        Scott 
 Byl    Hale    Minore  Stallworth
 Callahan       Hanley  Neumann Thomas 
 Cherry Hansen  Pestka  Vaughn
 Clark, I.      Hardman Price   Wojno 
 Clarke, H.     Jacobs  Prusi   Woodward
     
 Nays--63 
 Allen  Gosselin        Law     Scranton 
 Birkholz       Green   Lemmons Shackleton 
 Bisbee Hager   Mead    Sheltrown
 Bishop Hart    Middaugh        Shulman 
 Bradstreet     Howell  Mortimer        Spade 
 Brown, C.      Jansen  O'Neil  Stamas
 Cassis Jelinek Pappageorge     Switalski 
 Caul   Jellema Patterson       Tabor
 DeRossett      Johnson, Rick   Perricone       Tesanovich 
 DeVuyst        Johnson, Ruth   Pumford Toy
 DeWeese        Julian  Raczkowski      Van Woerkom 
 Ehardt Koetje  Richardville    Vander Roest
 Faunce Kowall  Richner Vear
 Garcia Kuipers Rivet   Voorhees
 Geiger Kukuk   Rocca   Woronchak
 Gilbert        LaSata  Sanborn 
     
 In The Chair: Scranton 
     
 Rep. Raczkowski moved that the bill be placed on the order of Third 
 Reading of Bills. 
 The motion prevailed, a majority of the members voting therefor. 
 Rep. Raczkowski moved that the bill be placed on its immediate passage. 
 The motion prevailed, a majority of the members serving voting therefor. 
 By unanimous consent the House returned to the order of 
     
 Third Reading of Bills 
     
 Senate Bill No. 205, entitled 
 A bill to amend 1981 PA 93, entitled "Michigan right to farm act," by 
 amending section 4 (MCL 286.474), as amended by 1995 PA 94. 
 Was read a third time and passed, a majority of the members serving voting 
 therefor, by yeas and nays, as follows: 
     
 Roll Call No. 1179 Yeas--61 
 Allen  Gilbert Kukuk   Rocca
 Birkholz       Godchaux        LaSata  Sanborn 
 Bisbee Gosselin        Law     Scranton
 Bishop Green   Lemmons Shackleton
 Bovin  Hager   Mead    Sheltrown
 Bradstreet     Hart    Middaugh        Shulman 
 Brown, C.      Howell  Mortimer        Spade 
 Cassis Jansen  O'Neil  Stamas
 Caul   Jelinek Pappageorge     Tabor
 DeRossett      Jellema Patterson       Tesanovich 
 DeVuyst        Johnson, Rick   Perricone       Toy 
 DeWeese        Julian  Raczkowski      Van Woerkom 
 Ehardt Kilpatrick      Richardville    Vear
 Faunce Koetje  Richner Voorhees
 Garcia Kuipers Rivet   Woronchak
 Geiger 
     
 Nays--48 
 Baird  DeHart  Kelly   Reeves
 Basham Dennis  Kowall  Rison
 Bogardus       Frank   LaForge Schauer 
 Brater Garza   Lockwood        Schermesser 
 Brewer Gieleghem       Martinez        Scott 
 Brown, B.      Hale    Minore  Stallworth 
 Byl    Hanley  Neumann Switalski
 Callahan       Hansen  Pestka  Thomas 
 Cherry Hardman Price   Vander Roest
 Clark, I.      Jacobs  Prusi   Vaughn 
 Clarke, H.     Jamnick Pumford Wojno
 Daniels        Johnson, Ruth   Quarles Woodward
     
 In The Chair: Scranton 
     
 The question being on agreeing to the title of the bill, 
 Rep. Raczkowski moved to amend the title to read as follows: 
 A bill to amend 1981 PA 93, entitled "An act to define certain farm uses, 
 operations, practices, and products; to provide certain disclosures; to 
 provide for circumstances under which a farm shall not be found to be a 
 public or private nuisance; to provide for certain powers and duties for 
 certain state agencies and departments; and to provide for certain 
 remedies for certain persons," by amending section 4 (MCL 286.474), as 
 amended by 1995 PA 94; and to repeal acts and parts of acts. 
 The motion prevailed. 
 The House agreed to the title as amended. 
 ______ 
 Rep. Vander Roest, 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: 
 As an owner of a small farm and as a former township supervisor, I have a 
 deep appreciation for the issues at the heart of the SB 205 debate. Based 
 on my personal experiences, the conversations I have had with residents, 
 the meetings with various organizations, and the information given to me, 
 I felt that the best way to resolve the conflicts of this bill was to help 
 foster a compromise and to bring a balance between all the concerned 
 parties. 
 Unfortunately, despite efforts made by the Michigan Farm Bureau, Michigan 
 Department of Agriculture and Michigan Townships Association to achieve an 
 agreement, they fell short of a final compromise. Therefore, I voted 
 against the bill for this and several other reasons. First, I did not like 
 the way in which the bill as been pushed so quickly through the process 
 with little public input and comment. Second, the rules and regulations 
 for GAAMPS has not been completely written, but is incorporated within the 
 bill as a minimum standard. I understand that there is a commitment by the 
 Department of Agriculture that the standards for GAAMPS will be drafted 
 however, how can we be accountable and responsive to our residents by 
 voting for a law that still needs to be written? Third, there is no 
 mechanism by which the public can register a complaint against an 
 intensive livestock operation violating those, as yet, to be drafted 
 minimum standards. 
 The unsuccessful attempt in drafting and developing a compromise, lead me 
 to no other choice but to vote against the proposed legislation. I believe 
 that a common ground still exists on this issue between all the parties 
 involved. Unfortunately, the legislation adopted by the House does not 
 reach this goal. As public officials I believe it is our civic duty to 
 minimize community conflicts and try our best to help create partnerships 
 and cooperation between all citizens. I could not in good conscience 
 support this legislation because it does not strike the necessary balance 
 between the needs of local farms and members of that community." 



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