No. 83
STATE OF MICHIGAN
JOURNAL
OF THE
House of Representatives
92nd Legislature
REGULAR SESSION OF 2004
House Chamber, Lansing, Wednesday, September 29, 2004.
10:00 a.m.
The House was called to order by Associate Speaker Pro Tempore Vander Veen.
The roll was called by the Clerk of the House of Representatives, who announced that a quorum was present.
Accavitti--present Garfield--present Meisner--present Sheen--excused
Acciavatti--present Gieleghem--present Meyer--present Sheltrown--present
Adamini--present Gillard--present Middaugh--present Shulman--present
Amos--present Gleason--present Milosch--present Smith--present
Anderson--present Hager--present Minore--present Spade--present
Bieda--present Hardman--present Moolenaar--present Stahl--present
Bisbee--present Hart--present Mortimer--e/d/s Stakoe--present
Bradstreet--present Hood--present Murphy--present Stallworth--present
Brandenburg--present Hoogendyk--present Newell--e/d/s Steil--present
Brown--present Hopgood--present Nitz--present Stewart--present
Byrum--present Howell--present Nofs--present Tabor--present
Casperson--present Huizenga--present O'Neil--present Taub--present
Caswell--present Hummel--present Palmer--present Tobocman--present
Caul--present Hune--present Palsrok--present Vagnozzi--present
Cheeks--present Hunter--present Pappageorge--present Van Regenmorter--present
Clack--present Jamnick--present Pastor--present Vander Veen--present
Condino--present Johnson, Rick--present Phillips--present Voorhees--present
Daniels--excused Johnson, Ruth--present Plakas--present Walker--present
Dennis--present Julian--present Pumford--present Ward--present
DeRoche--present Koetje--present Reeves--present Waters--present
DeRossett--present Kolb--present Richardville--present Wenke--excused
Drolet--present Kooiman--present Rivet--present Whitmer--present
Ehardt--present LaJoy--present Robertson--present Williams--present
Elkins--present LaSata--present Rocca--present Wojno--present
Emmons--present Law--present Sak--present Woodward--present
Farhat--present Lipsey--present Shackleton--present Woronchak--present
Farrah--present McConico--present Shaffer--present Zelenko--e/d/s
Gaffney--present
e/d/s = entered during session
Rep. Triette Lipsey Reeves, from the 10th District, offered the following invocation:
"Almighty and wonderful God, the earth belongs to You and the fullness thereof. All things that were made come from Thee. O Lord, we come to You this morning in submission to Your awesome power and will, thanking You for everything--the things we take for granted everyday and the things that are so large that we do remember to thank You. We stand here asking and needing Your divine guidance, Your wisdom, and Your direction. Father, we stand here knowing, Lord, that we are not worthy of these places that we occupy, these positions we occupy, but yet, through Your grace and by Your mercy, Lord, we're here. There are members in this room, Father, who are personally going through things, Lord, that only You know about. I ask You to bless them today--bless their families, bless each and every legislator, bless their districts, and bless the people of their districts. We ask that You would have mercy upon all of us. We ask that You bless our troops and their families, not forgetting about them. We ask that You would remember the fallen. Remember all the people who have lost family members in the city of Detroit this year because of a rise in murders, Lord. We ask that You remember the family of the three-year-old child who was killed this week at a day care center in Detroit. We ask, Father, that You bless them and we ask that You keep Your hand on this great country and this great state. We ask all these things, Lord believing that You are powerful, You are mighty, and through You all things are possible. In Your name, we pray, Jesus' name. Amen."
______
The Speaker Pro Tempore assumed the Chair.
Rep. Palmer moved that Reps. Sheen and Wenke be excused from today's session.
The motion prevailed.
Rep. Waters moved that Rep. Daniels be excused from today's session.
The motion prevailed.
Second Reading of Bills
House Bill No. 6164, entitled
A bill to amend 1921 PA 207, entitled "City and village zoning act," (MCL 125.581 to 125.600) by adding section 4g.
Was read a second time, and the question being on the adoption of the proposed substitute (H-2) previously recommended by the Committee on Land Use and Environment,
The substitute (H-2) was adopted, a majority of the members serving voting therefor.
Rep. Ward 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. Nitz moved that Rep. Shackleton 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. 6164, entitled
A bill to amend 1921 PA 207, entitled "City and village zoning act," (MCL 125.581 to 125.600) by adding section 4g.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 794 Yeas--102
Accavitti Gaffney Lipsey Shaffer
Acciavatti Garfield McConico Sheltrown
Adamini Gieleghem Meisner Shulman
Amos Gillard Meyer Smith
Anderson Gleason Middaugh Spade
Bieda Hager Milosch Stahl
Bisbee Hardman Minore Stakoe
Bradstreet Hart Moolenaar Stallworth
Brandenburg Hood Murphy Steil
Brown Hoogendyk Nitz Stewart
Byrum Hopgood Nofs Tabor
Casperson Howell O'Neil Taub
Caswell Huizenga Palmer Tobocman
Caul Hummel Palsrok Vagnozzi
Cheeks Hune Pappageorge Van Regenmorter
Clack Hunter Pastor Vander Veen
Condino Jamnick Phillips Voorhees
Dennis Johnson, Rick Plakas Walker
DeRoche Johnson, Ruth Pumford Ward
DeRossett Julian Reeves Waters
Drolet Koetje Richardville Whitmer
Ehardt Kolb Rivet Williams
Elkins Kooiman Robertson Wojno
Emmons LaJoy Rocca Woodward
Farhat LaSata Sak Woronchak
Farrah Law
Nays--0
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.
Second Reading of Bills
House Bill No. 6166, entitled
A bill to amend 1943 PA 183, entitled "County zoning act," (MCL 125.201 to 125.240) by adding section 16i.
Was read a second time, and the question being on the adoption of the proposed substitute (H-2) previously recommended by the Committee on Land Use and Environment,
The substitute (H-2) was adopted, a majority of the members serving voting therefor.
Rep. Ruth Johnson 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. Waters moved that Rep. McConico 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. 6166, entitled
A bill to amend 1943 PA 183, entitled "County zoning act," (MCL 125.201 to 125.240) by adding section 16i.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 795 Yeas--102
Accavitti Gaffney Lipsey Shaffer
Acciavatti Garfield Meisner Sheltrown
Adamini Gieleghem Meyer Shulman
Amos Gillard Middaugh Smith
Anderson Gleason Milosch Spade
Bieda Hager Minore Stahl
Bisbee Hardman Moolenaar Stakoe
Bradstreet Hart Murphy Stallworth
Brandenburg Hood Nitz Steil
Brown Hoogendyk Nofs Stewart
Byrum Hopgood O'Neil Tabor
Casperson Howell Palmer Taub
Caswell Huizenga Palsrok Tobocman
Caul Hummel Pappageorge Vagnozzi
Cheeks Hune Pastor Van Regenmorter
Clack Hunter Phillips Vander Veen
Condino Jamnick Plakas Voorhees
Dennis Johnson, Rick Pumford Walker
DeRoche Johnson, Ruth Reeves Ward
DeRossett Julian Richardville Waters
Drolet Koetje Rivet Whitmer
Ehardt Kolb Robertson Williams
Elkins Kooiman Rocca Wojno
Emmons LaJoy Sak Woodward
Farhat LaSata Shackleton Woronchak
Farrah Law
Nays--0
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.
Second Reading of Bills
House Bill No. 6206, entitled
A bill to amend 1943 PA 184, entitled "Township zoning act," (MCL 125.271 to 125.310) by adding section 16i.
Was read a second time, and the question being on the adoption of the proposed substitute (H-2) previously recommended by the Committee on Land Use and Environment,
The substitute (H-2) was adopted, a majority of the members serving voting therefor.
Rep. LaJoy 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. 6206, entitled
A bill to amend 1943 PA 184, entitled "Township zoning act," (MCL 125.271 to 125.310) by adding section 16i.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 796 Yeas--103
Accavitti Gaffney Lipsey Shaffer
Acciavatti Garfield McConico Sheltrown
Adamini Gieleghem Meisner Shulman
Amos Gillard Meyer Smith
Anderson Gleason Middaugh Spade
Bieda Hager Milosch Stahl
Bisbee Hardman Minore Stakoe
Bradstreet Hart Moolenaar Stallworth
Brandenburg Hood Murphy Steil
Brown Hoogendyk Nitz Stewart
Byrum Hopgood Nofs Tabor
Casperson Howell O'Neil Taub
Caswell Huizenga Palmer Tobocman
Caul Hummel Palsrok Vagnozzi
Cheeks Hune Pappageorge Van Regenmorter
Clack Hunter Pastor Vander Veen
Condino Jamnick Phillips Voorhees
Dennis Johnson, Rick Plakas Walker
DeRoche Johnson, Ruth Pumford Ward
DeRossett Julian Reeves Waters
Drolet Koetje Richardville Whitmer
Ehardt Kolb Rivet Williams
Elkins Kooiman Robertson Wojno
Emmons LaJoy Rocca Woodward
Farhat LaSata Sak Woronchak
Farrah Law Shackleton
Nays--0
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.
Second Reading of Bills
Senate Bill No. 953, entitled
A bill 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," (MCL 21.141 to 21.147) by adding section 2g.
Was read a second time, and the question being on the adoption of the proposed substitute (H-1) previously recommended by the Committee on Agriculture and Resource Management,
The substitute (H-1) was adopted, a majority of the members serving voting therefor.
Rep. Richardville moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
Rep. Richardville moved that the bill be placed on its immediate passage.
The motion prevailed, a majority of the members serving voting therefor.
______
Rep. Waters moved that Reps. Byrum and Rivet be excused temporarily from today's session.
The motion prevailed.
Rep. Mortimer entered the House Chambers.
By unanimous consent the House returned to the order of
Third Reading of Bills
Senate Bill No. 953, entitled
A bill 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," (MCL 21.141 to 21.147) by adding section 2g.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 797 Yeas--67
Acciavatti Gillard Moolenaar Sheltrown
Adamini Hager Mortimer Shulman
Amos Hart Nitz Spade
Bisbee Howell Nofs Stahl
Brown Huizenga O'Neil Stakoe
Casperson Hummel Palsrok Steil
Caswell Hune Pappageorge Stewart
Caul Johnson, Rick Pastor Tabor
Dennis Johnson, Ruth Phillips Taub
DeRoche Julian Plakas Van Regenmorter
DeRossett Koetje Pumford Vander Veen
Ehardt Kooiman Richardville Voorhees
Elkins LaJoy Robertson Walker
Emmons LaSata Rocca Ward
Farhat Meyer Sak Williams
Farrah Middaugh Shackleton Woronchak
Gaffney Milosch Shaffer
Nays--34
Accavitti Garfield Kolb Smith
Anderson Gieleghem Law Stallworth
Bieda Gleason Lipsey Tobocman
Bradstreet Hardman McConico Vagnozzi
Brandenburg Hood Meisner Waters
Cheeks Hoogendyk Murphy Whitmer
Clack Hopgood Palmer Wojno
Condino Hunter Reeves Woodward
Drolet Jamnick
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.
______
Reps. Law and Hopgood, 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 SB 953 and SB 955 because: The state does not have funds available at this time to finance such a program, especially one that would basically benefit operations large enough to use a methane digester, usually multimillion-dollar CAFOs. The bill would amount to a $1.6 million tax payer subsidy for factory farms that in general have a history of environmental violations. Additionally, studies show that methane digesters have a failure rate near 50 percent.
Tax breaks and financing incentives for large farms and CAFOs may encourage the development of these large facilities to the detriment of small and medium size family farms. CAFOs or 'factory farms' which may have thousands of animals have been responsible for numerous violations of state and federal environmental laws and regulations in Michigan. Those who argue for a free market system believe that the construction and operation of methane digesters and other alternative technology should be a cost of doing business and not subsidized by the taxpayer dollars."
By unanimous consent the House returned to the order of
Reports of Standing Committees
The Committee on Great Lakes and Tourism, by Rep. Palsrok, Chair, reported
House Joint Resolution CC, entitled
A joint resolution proposing an amendment to the state constitution of 1963, by adding section 55 to article IV, to prohibit the diversion of the waters of the Great Lakes.
Without amendment and with the recommendation that the joint resolution be adopted.
The joint resolution was referred to the order of Second Reading of Bills and laid over one day under the rules.
Favorable Roll Call
To Report Out:
Yeas: Reps. Palsrok, Tabor, Meyer and Gleason
Nays: None
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Palsrok, Chair, of the Committee on Great Lakes and Tourism, was received and read:
Meeting held on: Thursday, September 23, 2004
Present: Reps. Palsrok, Tabor, Meyer and Gleason
Absent: Reps. Brandenburg, Law and Stallworth
Excused: Reps. Brandenburg, Law and Stallworth
Second Reading of Bills
Rep. Richardville moved that Rule 48 be suspended.
The motion prevailed, 3/5 of the members present voting therefor.
House Joint Resolution CC, entitled
A joint resolution proposing an amendment to the state constitution of 1963, by adding section 55 to article IV, to prohibit the diversion of the waters of the Great Lakes.
The joint resolution was read a second time.
Rep. Farhat moved that the joint resolution be placed on the order of Third Reading of Bills.
The motion prevailed, a majority of the members voting therefor.
Rep. Richardville moved that the joint resolution 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 Joint Resolution CC, entitled
A joint resolution proposing an amendment to the state constitution of 1963, by adding section 55 to article IV, to prohibit the diversion of the waters of the Great Lakes.
The joint resolution was read a third time.
The question being on the adoption of the joint resolution,
Rep. Waters moved to reconsider the vote by which the House placed the joint resolution on the order of Third Reading of Bills.
The motion did not prevail, a majority of the members present not voting therefor.
The question being on the adoption of the joint resolution,
Rep. Kolb moved to amend the joint resolution as follows:
1. Amend page 2, line 3, after "law." by inserting "However, the foregoing amendment shall not be submitted to the people of the state at the next general election unless House Bill No. 5634 of the 92nd Legislature is enacted into law.".
The question being on the seconding of the motion made by Rep. Kolb,
The motion was not seconded.
The question being on the adoption of the joint resolution,
Rep. Law moved to amend the joint resolution as follows:
1. Amend page 1, line 3, after the second "the" by striking out the balance of the line through "this" on line 4.
2. Amend page 1, line 6, after the third "the" by striking out "Great Lakes" and inserting "state".
3. Amend page 1, line 7, after "Lakes." by inserting "As used in this section:
(a) "Diversion" means a transfer of water from the Great Lakes basin into another watershed outside of the Great Lakes basin including, but not limited to, the transport of water intended for commercial sale as bottled water.
(b) "Waters of the state" means groundwaters, lakes, rivers, and streams and all other watercourses and waters, including the Great Lakes, within the jurisdiction of this state.".
The question being on the seconding of the motion made by Rep. Law,
The motion was not seconded.
The question being on the adoption of the joint resolution,
Rep. Waters moved to reconsider the vote by which the House did not second the motion made previously by Rep. Law.
The question being on the motion made by Rep. Waters,
Rep. Waters demanded the yeas and nays.
The demand was supported.
The question being on the motion made by Rep. Waters,
The motion did not prevail, a majority of members present not voting therefor, by yeas and nays, as follows:
Roll Call No. 798 Yeas--42
Accavitti Farrah Lipsey Sheltrown
Adamini Gieleghem McConico Spade
Anderson Gillard Meisner Stallworth
Bieda Gleason Minore Tobocman
Brown Hardman Murphy Vagnozzi
Byrum Hood O'Neil Waters
Cheeks Hopgood Phillips Whitmer
Clack Hunter Plakas Williams
Condino Jamnick Reeves Wojno
Dennis Kolb Sak Woodward
Elkins Law
Nays--60
Acciavatti Garfield Meyer Shackleton
Amos Hager Middaugh Shaffer
Bisbee Hart Milosch Shulman
Bradstreet Hoogendyk Moolenaar Stahl
Brandenburg Howell Mortimer Stakoe
Casperson Huizenga Nitz Steil
Caswell Hummel Nofs Stewart
Caul Hune Palmer Tabor
DeRoche Johnson, Rick Palsrok Taub
DeRossett Johnson, Ruth Pappageorge Van Regenmorter
Drolet Julian Pastor Vander Veen
Ehardt Koetje Pumford Voorhees
Emmons Kooiman Richardville Walker
Farhat LaJoy Robertson Ward
Gaffney LaSata Rocca Woronchak
In The Chair: Julian
The question being on the adoption of the joint resolution,
Rep. Waters moved to reconsider the vote by which the House did not second the motion made previously by Rep. Kolb.
The question being on the motion made by Rep. Waters,
Rep. Waters demanded the yeas and nays.
The demand was supported.
The question being on the motion made by Rep. Waters,
The motion did not prevail, a majority of members present not voting therefor, by yeas and nays, as follows:
Roll Call No. 799 Yeas--42
Accavitti Farrah Lipsey Sheltrown
Adamini Gieleghem McConico Smith
Anderson Gillard Meisner Spade
Bieda Gleason Minore Stallworth
Brown Hardman Murphy Vagnozzi
Byrum Hood O'Neil Waters
Cheeks Hopgood Phillips Whitmer
Clack Hunter Plakas Williams
Condino Jamnick Reeves Wojno
Dennis Kolb Sak Woodward
Elkins Law
Nays--59
Acciavatti Hager Middaugh Shaffer
Amos Hart Milosch Shulman
Bisbee Hoogendyk Moolenaar Stahl
Bradstreet Howell Mortimer Stakoe
Brandenburg Huizenga Nitz Steil
Casperson Hummel Nofs Stewart
Caswell Hune Palmer Tabor
Caul Johnson, Rick Palsrok Taub
DeRoche Johnson, Ruth Pappageorge Van Regenmorter
DeRossett Julian Pastor Vander Veen
Drolet Koetje Pumford Voorhees
Emmons Kooiman Richardville Walker
Farhat LaJoy Robertson Ward
Gaffney LaSata Rocca Woronchak
Garfield Meyer Shackleton
In The Chair: Julian
The question being on the adoption of the joint resolution,
The joint resolution was then adopted, 2/3 of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 800 Yeas--94
Accavitti Gillard Middaugh Shulman
Acciavatti Gleason Milosch Smith
Adamini Hager Minore Spade
Amos Hardman Mortimer Stahl
Anderson Hart Murphy Stakoe
Bieda Hood Nitz Stallworth
Brandenburg Hopgood Nofs Steil
Brown Howell O'Neil Stewart
Byrum Huizenga Palmer Tabor
Casperson Hune Palsrok Taub
Caswell Hunter Pastor Tobocman
Caul Jamnick Phillips Vagnozzi
Cheeks Johnson, Rick Plakas Van Regenmorter
Clack Johnson, Ruth Pumford Vander Veen
Condino Julian Reeves Voorhees
Dennis Koetje Richardville Walker
DeRoche Kolb Rivet Ward
DeRossett Kooiman Robertson Waters
Ehardt LaJoy Rocca Whitmer
Elkins LaSata Sak Williams
Farhat Law Shackleton Wojno
Farrah McConico Shaffer Woodward
Gaffney Meisner Sheltrown Woronchak
Gieleghem Meyer
Nays--10
Bisbee Emmons Hummel Moolenaar
Bradstreet Garfield Lipsey Pappageorge
Drolet Hoogendyk
In The Chair: Julian
The House agreed to the title of the joint resolution.
Reps. McConico, Woronchak, Stewart, O'Neil, Rocca, Hager and Gaffney were named co-sponsors of the joint resolution.
______
Rep. Lipsey, having reserved the right to explain his nay vote, made the following statement:
"Mr. Speaker and members of the House:
While I believe in protecting our Great Lakes, I do not believe we should play politics with such an important issue. This resolution fails to properly identify which diversions are acceptable, i.e. agricultural versus which are detrimental. We are rushing through a proposed amendment which will be more confusing to the public than helpful. I hope we will revisit this issue after the election to give our citizens a meaningful opportunity to express their desire to responsibly protect our waters."
Second Reading of Bills
Senate Bill No. 955, entitled
A bill to amend 1893 PA 206, entitled "The general property tax act," by amending section 9 (MCL 211.9), as amended by 2003 PA 140.
The bill was read a second time.
Rep. Meyer moved to amend the bill as follows:
1. Amend page 3, line 20, after "of" by striking out "a" and inserting "three".
2. Amend page 3, line 21, after "criminal" by striking out "violation" and inserting "violations".
3. Amend page 3, line 21, after "for" by striking out "a" and inserting "three".
4. Amend page 3, line 22, by striking out "violation" and inserting "violations".
5. Amend page 3, line 24, after "a" by striking out "1-year" and inserting "2-year".
The motion prevailed and the amendments were adopted, a majority of the members serving voting therefor.
Rep. Kolb moved to amend the bill as follows:
1. Amend page 3, line 25, after "unit." by inserting "If a person claiming an exemption under this subparagraph is found guilty of a criminal violation under, or found responsible for a civil violation under, part 31 of the natural resources and environmental protection act, 1994 PA 451, MCL 324.3101 to 324.3133, the exemption under this subparagraph is rescinded in the year in which the person claiming the exemption is found guilty or is found responsible and the person claiming the exemption is not eligible to claim an exemption under this subparagraph during the immediately succeeding 1-year period. If an exemption under this subparagraph is rescinded, the property that had been subject to that exemption shall be immediately placed on the tax roll by the local tax collecting unit if the local tax collecting unit has possession of the tax roll or by the county treasurer if the county has possession of the tax roll as though the exemption had not been granted. A corrected tax bill shall be issued for the tax year being adjusted by the local tax collecting unit if the local tax collecting unit has possession of the tax roll or by the county treasurer if the county has possession of the tax roll.".
The motion did not prevail and the amendment was not adopted, a majority of the members serving not voting therefor.
Rep. Richardville moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
Rep. Richardville moved that the bill be placed on its immediate passage.
The motion prevailed, a majority of the members serving voting therefor.
Rep. Elkins moved that Rep. Rivet be excused temporarily from today's session.
The motion prevailed.
Rep. Newell entered the House Chambers.
By unanimous consent the House returned to the order of
Third Reading of Bills
Senate Bill No. 955, entitled
A bill to amend 1893 PA 206, entitled "The general property tax act," by amending section 9 (MCL 211.9), as amended by 2003 PA 140.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 801 Yeas--76
Acciavatti Garfield Milosch Shackleton
Adamini Gillard Moolenaar Shaffer
Amos Hager Mortimer Sheltrown
Bisbee Hart Newell Shulman
Bradstreet Hoogendyk Nitz Spade
Brandenburg Howell Nofs Stahl
Brown Huizenga O'Neil Stakoe
Casperson Hummel Palmer Stallworth
Caswell Hune Palsrok Steil
Caul Johnson, Rick Pappageorge Stewart
Dennis Johnson, Ruth Pastor Tabor
DeRoche Julian Phillips Taub
DeRossett Koetje Plakas Van Regenmorter
Ehardt Kooiman Pumford Vander Veen
Elkins LaJoy Reeves Voorhees
Emmons LaSata Richardville Walker
Farhat McConico Robertson Ward
Farrah Meyer Rocca Williams
Gaffney Middaugh Sak Woronchak
Nays--27
Accavitti Gieleghem Kolb Tobocman
Anderson Gleason Law Vagnozzi
Bieda Hardman Lipsey Waters
Cheeks Hood Meisner Whitmer
Clack Hopgood Minore Wojno
Condino Hunter Murphy Woodward
Drolet Jamnick Smith
In The Chair: Julian
Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows:
"An act to provide for the assessment of rights and interests, including leasehold interests, in property and the levy and collection of taxes on property, and for the collection of taxes levied; making those taxes a lien on the property taxed, establishing and continuing the lien, providing for the sale or forfeiture and conveyance of property delinquent for taxes, and for the inspection and disposition of lands bid off to the state and not redeemed or purchased; to provide for the establishment of a delinquent tax revolving fund and the borrowing of money by counties and the issuance of notes; to define and limit the jurisdiction of the courts in proceedings in connection with property delinquent for taxes; to limit the time within which actions may be brought; to prescribe certain limitations with respect to rates of taxation; to prescribe certain powers and duties of certain officers, departments, agencies, and political subdivisions of this state; to provide for certain reimbursements of certain expenses incurred by units of local government; to provide penalties for the violation of this act; and to repeal acts and parts of acts,"
The House agreed to the full title.
Rep. Richardville moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
Second Reading of Bills
Senate Bill No. 1279, entitled
A bill to amend 1967 PA 281, entitled "Income tax act of 1967," (MCL 206.1 to 206.532) by adding section 437.
Was read a second time, and the question being on the adoption of the proposed substitute (H-1) previously recommended by the Committee on Conservation and Outdoor Recreation,
The substitute (H-1) was adopted, a majority of the members serving voting therefor.
Rep. Richardville moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
Rep. Richardville moved that 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. 1279, entitled
A bill to amend 1967 PA 281, entitled "Income tax act of 1967," (MCL 206.1 to 206.532) by adding section 437.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 802 Yeas--104
Accavitti Gaffney Lipsey Shackleton
Acciavatti Garfield McConico Shaffer
Adamini Gieleghem Meisner Sheltrown
Amos Gillard Meyer Shulman
Anderson Gleason Middaugh Smith
Bieda Hager Milosch Spade
Bisbee Hardman Minore Stahl
Bradstreet Hart Moolenaar Stakoe
Brandenburg Hood Mortimer Stallworth
Brown Hoogendyk Murphy Steil
Byrum Hopgood Newell Stewart
Casperson Howell Nitz Tabor
Caswell Huizenga Nofs Taub
Caul Hummel O'Neil Tobocman
Cheeks Hune Palmer Vagnozzi
Clack Hunter Palsrok Van Regenmorter
Condino Jamnick Pappageorge Vander Veen
Dennis Johnson, Rick Pastor Voorhees
DeRoche Johnson, Ruth Phillips Walker
DeRossett Julian Plakas Ward
Drolet Koetje Pumford Waters
Ehardt Kolb Reeves Whitmer
Elkins Kooiman Richardville Williams
Emmons LaJoy Robertson Wojno
Farhat LaSata Rocca Woodward
Farrah Law Sak Woronchak
Nays--0
In The Chair: Julian
Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows:
"An act to meet deficiencies in state funds by providing for the imposition, levy, computation, collection, assessment, and enforcement by lien and otherwise of taxes on or measured by net income; to prescribe the manner and time of making reports and paying the taxes, and the functions of public officers and others as to the taxes; to permit the inspection of the records of taxpayers; to provide for interest and penalties on unpaid taxes; to provide exemptions, credits and refunds of the taxes; to prescribe penalties for the violation of this act; to provide an appropriation; and to repeal certain acts and parts of acts,"
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.
Second Reading of Bills
Senate Bill No. 1280, entitled
A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending section74101 (MCL 324.74101), as added by 1995 PA 58, and by adding section 74102a.
Was read a second time, and the question being on the adoption of the proposed substitute (H-1) previously recommended by the Committee on Conservation and Outdoor Recreation,
The substitute (H-1) was adopted, a majority of the members serving voting therefor.
Rep. Richardville moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
Rep. Richardville moved that 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. 1280, entitled
A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending section74101 (MCL 324.74101), as added by 1995 PA 58, and by adding section 74102a.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 803 Yeas--97
Accavitti Gillard Middaugh Sheltrown
Acciavatti Gleason Milosch Shulman
Adamini Hager Minore Smith
Amos Hardman Moolenaar Spade
Anderson Hart Mortimer Stahl
Bieda Hopgood Murphy Stakoe
Bisbee Howell Newell Stallworth
Brandenburg Huizenga Nitz Steil
Brown Hune Nofs Stewart
Byrum Hunter O'Neil Tabor
Casperson Jamnick Palmer Taub
Caul Johnson, Rick Palsrok Tobocman
Cheeks Johnson, Ruth Pappageorge Vagnozzi
Clack Julian Pastor Van Regenmorter
Condino Koetje Phillips Vander Veen
Dennis Kolb Plakas Voorhees
DeRoche Kooiman Pumford Walker
DeRossett LaJoy Reeves Ward
Ehardt LaSata Richardville Waters
Elkins Law Robertson Whitmer
Emmons Lipsey Rocca Williams
Farhat McConico Sak Wojno
Farrah Meisner Shackleton Woodward
Gaffney Meyer Shaffer Woronchak
Gieleghem
Nays--6
Bradstreet Drolet Hoogendyk Hummel
Caswell Garfield
In The Chair: Julian
Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows:
"An act to protect the environment and natural resources of the state; to codify, revise, consolidate, and classify laws relating to the environment and natural resources of the state; to regulate the discharge of certain substances into the environment; to regulate the use of certain lands, waters, and other natural resources of the state; to prescribe the powers and duties of certain state and local agencies and officials; to provide for certain charges, fees, and assessments; to provide certain appropriations; to prescribe penalties and provide remedies; to repeal certain parts of this act on a specific date; 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.
Second Reading of Bills
Senate Bill No. 1281, entitled
A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," (MCL 324.101 to 324.90106) by adding section 74124.
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.
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
Senate Bill No. 1281, entitled
A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," (MCL 324.101 to 324.90106) by adding section 74124.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 804 Yeas--98
Accavitti Gleason Middaugh Sheltrown
Acciavatti Hager Milosch Shulman
Adamini Hart Minore Smith
Amos Hood Moolenaar Spade
Anderson Hoogendyk Mortimer Stahl
Bieda Hopgood Murphy Stakoe
Bisbee Howell Newell Stallworth
Bradstreet Huizenga Nitz Steil
Brandenburg Hummel Nofs Stewart
Brown Hune O'Neil Tabor
Byrum Hunter Palmer Taub
Casperson Jamnick Palsrok Tobocman
Cheeks Johnson, Rick Pappageorge Vagnozzi
Clack Johnson, Ruth Pastor Van Regenmorter
Condino Julian Phillips Vander Veen
Dennis Koetje Plakas Voorhees
DeRoche Kolb Pumford Walker
Ehardt Kooiman Reeves Ward
Elkins LaJoy Richardville Waters
Emmons LaSata Robertson Whitmer
Farhat Law Rocca Williams
Farrah Lipsey Sak Wojno
Gaffney McConico Shackleton Woodward
Gieleghem Meisner Shaffer Woronchak
Gillard Meyer
Nays--3
Caswell Drolet Garfield
In The Chair: Julian
Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows:
"An act to protect the environment and natural resources of the state; to codify, revise, consolidate, and classify laws relating to the environment and natural resources of the state; to regulate the discharge of certain substances into the environment; to regulate the use of certain lands, waters, and other natural resources of the state; to prescribe the powers and duties of certain state and local agencies and officials; to provide for certain charges, fees, and assessments; to provide certain appropriations; to prescribe penalties and provide remedies; to repeal certain parts of this act on a specific date; 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.
Second Reading of Bills
Senate Bill No. 1120, entitled
A bill to authorize the state administrative board to convey certain state owned property in Mason county; to prescribe conditions for the conveyance; and to provide for disposition of revenue derived from the conveyance.
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.
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
Senate Bill No. 1120, entitled
A bill to authorize the state administrative board to convey certain state owned property in Mason county; to prescribe conditions for the conveyance; and to provide for disposition of revenue derived from the conveyance.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 805 Yeas--104
Accavitti Gaffney Lipsey Shackleton
Acciavatti Garfield McConico Shaffer
Adamini Gieleghem Meisner Sheltrown
Amos Gillard Meyer Shulman
Anderson Gleason Middaugh Smith
Bieda Hager Milosch Spade
Bisbee Hardman Minore Stahl
Bradstreet Hart Moolenaar Stakoe
Brandenburg Hood Mortimer Stallworth
Brown Hoogendyk Murphy Steil
Byrum Hopgood Newell Stewart
Casperson Howell Nitz Tabor
Caswell Huizenga Nofs Taub
Caul Hummel O'Neil Tobocman
Cheeks Hune Palmer Vagnozzi
Clack Hunter Palsrok Van Regenmorter
Condino Jamnick Pappageorge Vander Veen
Dennis Johnson, Rick Pastor Voorhees
DeRoche Johnson, Ruth Phillips Walker
DeRossett Julian Plakas Ward
Drolet Koetje Pumford Waters
Ehardt Kolb Reeves Whitmer
Elkins Kooiman Richardville Williams
Emmons LaJoy Robertson Wojno
Farhat LaSata Rocca Woodward
Farrah Law Sak Woronchak
Nays--0
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.
Second Reading of Bills
Senate Bill No. 1123, entitled
A bill to authorize the state administrative board to convey or transfer certain parcels of state owned property in Barry county; to prescribe conditions for the conveyance; to provide for certain powers and duties of certain state departments in regard to the property; and to provide for disposition of revenue derived from the conveyance.
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.
Rep. Richardville moved that the bill be placed on its immediate passage.
The motion prevailed, a majority of the members serving voting therefor.
______
Rep. Rocca moved that Rep. Ruth Johnson be excused temporarily from today's session.
The motion prevailed.
By unanimous consent the House returned to the order of
Third Reading of Bills
Senate Bill No. 1123, entitled
A bill to authorize the state administrative board to convey or transfer certain parcels of state owned property in Barry county; to prescribe conditions for the conveyance; to provide for certain powers and duties of certain state departments in regard to the property; and to provide for disposition of revenue derived from the conveyance.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 806 Yeas--102
Accavitti Garfield Meisner Shaffer
Acciavatti Gieleghem Meyer Sheltrown
Adamini Gillard Middaugh Shulman
Amos Gleason Milosch Smith
Anderson Hager Minore Spade
Bieda Hardman Moolenaar Stahl
Bisbee Hart Mortimer Stakoe
Bradstreet Hood Murphy Stallworth
Brandenburg Hoogendyk Newell Steil
Brown Hopgood Nitz Stewart
Byrum Howell Nofs Tabor
Casperson Huizenga O'Neil Taub
Caswell Hummel Palmer Tobocman
Caul Hune Palsrok Vagnozzi
Cheeks Hunter Pappageorge Van Regenmorter
Clack Jamnick Pastor Vander Veen
Condino Johnson, Rick Phillips Voorhees
Dennis Julian Plakas Walker
DeRoche Koetje Pumford Ward
Drolet Kolb Reeves Waters
Ehardt Kooiman Richardville Whitmer
Elkins LaJoy Robertson Williams
Emmons LaSata Rocca Wojno
Farhat Law Sak Woodward
Farrah Lipsey Shackleton Woronchak
Gaffney McConico
Nays--0
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.
Messages from the Governor
The following line item veto message from the Governor was received and read:
Executive Office, Lansing, September 28, 2004
Michigan House of Representatives
State Capitol Building
Lansing, Michigan 48909
Ladies and Gentlemen:
Today I have signed Enrolled House Bill 5519, the fiscal year 2005 Department of History, Arts and Libraries appropriation bill. However, I am returning it to you because of one item of which I disapprove, pursuant to Article V, Section 19, of the Michigan Constitution. The specific veto is contained in the attached copy of the bill, which has been filed with the Secretary of State.
This budget provides $57.1 million ($45.8 million general fund) in appropriations to maintain and promote Michigan's historical treasures and heritage, encourage the development of the arts and other cultural activities, and to maintain the high quality services offered in our public libraries.
I am especially pleased that in these difficult economic times, we were able to include funding to begin a new and exciting library preservation initiative. Funding appropriated for the Preservation and Access for Michigan (PAM) project will allow for the digitization of unique and specialty collections housed in Michigan libraries statewide. The digital preservation of the selected items will be available to all Michigan citizens via the Michigan electronic Library (MeL).
My action today includes veto of the $10,000 general fund/general purpose appropriation to the Arenac County Historical Society for the Charity Island Lighthouse preservation project. This project does not meet the guidelines already established for the Michigan lighthouse assistance program
I thank the Legislature for their work on this fiscal year 2005 appropriation bill. Your tireless efforts to preserve Michigan's rich cultural heritage are appreciated in these times of limited revenues.
Sincerely,
Jennifer M. Granholm
Governor
The bill was signed by the Governor September 28, 2004, at 8:23 a.m.
The bill was filed with the Secretary of State, September 28, 2004, at 1:06 p.m., and assigned Public Act No. 340, I.E.
The question being on the passage of the disapproved item, the objections of the Governor to the contrary notwithstanding,
Rep. Richardville moved that the bill be re-referred to the Committee on Appropriations.
The motion prevailed.
By unanimous consent the House returned to the order of
Motions and Resolutions
Rep. Richardville moved to suspend that portion of Rule 44 requiring bills to be handed to the Clerk three hours prior to calling the House to order.
The motion prevailed, 3/5 of the members present voting therefor.
Rep. Richardville moved that pursuant to House Rule 20, the Clerk of the House be authorized to enroll House bills while the House is not in session.
The motion prevailed.
Rep. Richardville moved that House Committees be given leave to meet during the balance of today's session.
The motion prevailed.
Second Reading of Bills
House Bill No. 5920, entitled
A bill to amend 1980 PA 119, entitled "Motor carrier fuel tax act," by amending section 8 (MCL 207.218), as amended by 1996 PA 584.
The bill was read a second time.
Rep. Kooiman 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. 5920, entitled
A bill to amend 1980 PA 119, entitled "Motor carrier fuel tax act," by amending section 8 (MCL 207.218), as amended by 1996 PA 584.
The bill was read a third time.
The question being on the passage of the bill,
Rep. Anderson moved that consideration of the bill be postponed temporarily.
The motion prevailed.
Second Reading of Bills
House Bill No. 5645, entitled
A bill to amend 1846 RS 14, entitled "Of county officers," by amending section 91 (MCL 53.91).
Was read a second time, and the question being on the adoption of the proposed substitute (H-1) previously recommended by the Committee on Local Government and Urban Policy
The substitute (H-1) was adopted, a majority of the members serving voting therefor.
Rep. Caul 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. Nitz moved that Rep. Rick Johnson 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. 5645, entitled
A bill to amend 1846 RS 14, entitled "Of county officers," by amending section 91 (MCL 53.91).
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 807 Yeas--98
Accavitti Gillard Middaugh Sheltrown
Acciavatti Gleason Milosch Shulman
Adamini Hager Minore Smith
Amos Hart Moolenaar Spade
Anderson Hood Mortimer Stahl
Bieda Hoogendyk Murphy Stakoe
Bisbee Hopgood Newell Stallworth
Brandenburg Howell Nitz Steil
Brown Huizenga Nofs Stewart
Byrum Hummel O'Neil Tabor
Casperson Hune Palmer Taub
Caswell Hunter Palsrok Tobocman
Caul Jamnick Pappageorge Vagnozzi
Cheeks Johnson, Ruth Pastor Van Regenmorter
Clack Julian Phillips Vander Veen
Condino Koetje Plakas Voorhees
Dennis Kolb Pumford Walker
DeRoche Kooiman Reeves Ward
DeRossett LaJoy Richardville Waters
Elkins LaSata Robertson Whitmer
Emmons Law Rocca Williams
Farhat Lipsey Sak Wojno
Farrah McConico Shackleton Woodward
Gaffney Meisner Shaffer Woronchak
Gieleghem Meyer
Nays--3
Bradstreet Drolet Garfield
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.
Second Reading of Bills
House Bill No. 6077, entitled
A bill to amend 1966 PA 346, entitled "State housing development authority act of 1966," by amending sections 11, 32b, 44, and 44a (MCL 125.1411, 125.1432b, 125.1444, and 125.1444a), section 11 as amended by 1996 PA 475 and sections 32b, 44, and 44a as amended by 2000 PA 257.
Was read a second time, and the question being on the adoption of the proposed substitute (H-1) previously recommended by the Committee on Local Government and Urban Policy,
The substitute (H-1) was adopted, a majority of the members serving voting therefor.
Rep. Tobocman 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. 6077, entitled
A bill to amend 1966 PA 346, entitled "State housing development authority act of 1966," by amending sections 11, 32b, 44, and 44a (MCL 125.1411, 125.1432b, 125.1444, and 125.1444a), section 11 as amended by 1996 PA 475 and sections 32b, 44, and 44a as amended by 2000 PA 257.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 808 Yeas--103
Accavitti Garfield McConico Shaffer
Acciavatti Gieleghem Meisner Sheltrown
Adamini Gillard Meyer Shulman
Amos Gleason Middaugh Smith
Anderson Hager Milosch Spade
Bieda Hardman Minore Stahl
Bisbee Hart Moolenaar Stakoe
Bradstreet Hood Mortimer Stallworth
Brandenburg Hoogendyk Murphy Steil
Brown Hopgood Newell Stewart
Byrum Howell Nitz Tabor
Casperson Huizenga Nofs Taub
Caswell Hummel O'Neil Tobocman
Caul Hune Palmer Vagnozzi
Cheeks Hunter Palsrok Van Regenmorter
Clack Jamnick Pappageorge Vander Veen
Condino Johnson, Rick Pastor Voorhees
Dennis Johnson, Ruth Phillips Walker
DeRoche Julian Plakas Ward
DeRossett Koetje Pumford Waters
Ehardt Kolb Reeves Whitmer
Elkins Kooiman Richardville Williams
Emmons LaJoy Robertson Wojno
Farhat LaSata Rocca Woodward
Farrah Law Sak Woronchak
Gaffney Lipsey Shackleton
Nays--1
Drolet
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.
Reps. Hardman, Anderson, Minore, DeRossett, Farrah, Condino and Gleason were named co-sponsors of the bill.
By unanimous consent the House returned to the order of
Messages from the Senate
Senate Bill No. 1105, entitled
A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending sections2153 and 2154 (MCL 324.2153 and 324.2154), as added by 1995 PA 60.
The Senate has nonconcurred in the House substitute (H-1) and appointed Senators McManus, Johnson and Prusi as conferees.
The message was referred to the Clerk for record.
House Bill No. 5472, entitled
A bill to amend 1846 RS 84, entitled "Of divorce," by amending section 45 (MCL 552.45).
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. 5772, entitled
A bill to amend 1927 PA 175, entitled "The code of criminal procedure," by amending section 13c of chapter XVII (MCL 777.13c), as added by 2002 PA 30.
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. 6208, entitled
A bill to amend 2002 PA 6, entitled "An act to authorize the state administrative board to convey certain parcels of state owned property in Tuscola county and Wayne county; to prescribe conditions for conveyance; to provide for certain powers and duties of the department of management and budget; and to provide for the disposition of revenue derived from the conveyances," by amending section 10.
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. 5414, entitled
A bill to amend 1939 PA 280, entitled "The social welfare act," by amending section 106 (MCL 400.106), as amended by 2003 PA 33.
The Senate has amended the bill as follows:
1. Amend page 7, line 15, after "act." by inserting "The attorney general shall recover any cost or attorney fees associated with a recovery under this subsection.".
2. Amend page 7, line 24, after "plan," by striking out "the individual, and his or her legal counsel shall share pro rata in the proceeds with each receiving 1/3"" and inserting "and the individual shall share equally in the proceeds".
The Senate has passed the bill as amended, ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title.
The Speaker announced that pursuant to Rule 45, the bill was laid over one day.
House Bill No. 5467, entitled
A bill to amend 1887 PA 128, entitled "An act establishing the minimum ages for contracting marriages; to require a civil license in order to marry and its registration; to provide for the implementation of federal law; and to provide a penalty for the violation of this act," by amending the title and sections 2, 3, and 3a (MCL 551.102, 551.103, and 551.103a), the title and section 2 as amended by 1998 PA 333, section 3 as amended by 1984 PA 346, and section 3a as amended by 1989 PA 270, and by adding sections 2a and 2b.
The Senate has substituted (S-2) the bill.
The Senate has passed the bill as substituted (S-2) and amended the title to read as follows:
A bill to amend 1887 PA 128, entitled "An act establishing the minimum ages for contracting marriages; to require a civil license in order to marry and its registration; to provide for the implementation of federal law; and to provide a penalty for the violation of this act," by amending sections 3 and 3a (MCL 551.103 and 551.103a), section 3 as amended by 1984 PA 346 and section 3a as amended by 1989 PA 270.
The Speaker announced that pursuant to Rule 45, the bill was laid over one day.
House Bill No. 5468, entitled
A bill to amend 1967 PA 281, entitled "Income tax act of 1967," (MCL 206.1 to 206.532) by adding section 269.
The Senate has substituted (S-2) the bill.
The Senate has passed the bill as substituted (S-2) and amended the title to read as follows:
A bill to amend 1967 PA 281, entitled "An act to meet deficiencies in state funds by providing for the imposition, levy, computation, collection, assessment, and enforcement by lien and otherwise of taxes on or measured by net income; to prescribe the manner and time of making reports and paying the taxes, and the functions of public officers and others as to the taxes; to permit the inspection of the records of taxpayers; to provide for interest and penalties on unpaid taxes; to provide exemptions, credits and refunds of the taxes; to prescribe penalties for the violation of this act; to provide an appropriation; and to repeal certain acts and parts of acts," (MCL 206.1 to 206.532) by adding section 263.
The Speaker announced that pursuant to Rule 45, the bill was laid over one day.
House Bill No. 5469, entitled
A bill to amend 1887 PA 128, entitled "An act establishing the minimum ages for contracting marriages; to require a civil license in order to marry and its registration; to provide for the implementation of federal law; and to provide a penalty for the violation of this act," (MCL 551.101 to 551.111) by amending the title, as amended by 1998 PA 333, and by adding section 12.
The Senate has substituted (S-1) the bill.
The Senate has passed the bill as substituted (S-1).
The Speaker announced that pursuant to Rule 45, the bill was laid over one day.
House Bill No. 5470, entitled
A bill to amend 1846 RS 84, entitled "Of divorce," (MCL 552.1 to 552.45) by adding sections 5 and 5a.
The Senate has substituted (S-3) the bill.
The Senate has passed the bill as substituted (S-3) and amended the title to read as follows:
A bill to amend 1846 RS 84, entitled "Of divorce," (MCL 552.1 to 552.45) by adding section 5.
The Speaker announced that pursuant to Rule 45, the bill was laid over one day.
House Bill No. 5471, entitled
A bill to amend 1970 PA 91, entitled "Child custody act of 1970," by amending sections 4 and 7a (MCL 722.24 and 722.27a), section 4 as amended by 1998 PA 482 and section 7a as amended by 1996 PA 19.
The Senate has substituted (S-2) the bill.
The Senate has passed the bill as substituted (S-2) and amended the title to read as follows:
A bill to amend 1970 PA 91, entitled "An act to declare the inherent rights of minor children; to establish rights and duties to their custody, support, and parenting time in disputed actions; to establish rights and duties to provide support for a child after the child reaches the age of majority under certain circumstances; to provide for certain procedure and appeals; and to repeal certain acts and parts of acts," by amending section 4 (MCL 722.24), as amended by 1998 PA482.
The Speaker announced that pursuant to Rule 45, the bill was laid over one day.
House Bill No. 5473, entitled
A bill to amend 1887 PA 128, entitled "An act establishing the minimum ages for contracting marriages; to require a civil license in order to marry and its registration; to provide for the implementation of federal law; and to provide a penalty for the violation of this act," by amending section 4 (MCL 551.104).
The Senate has substituted (S-2) the bill.
The Senate has passed the bill as substituted (S-2).
The Speaker announced that pursuant to Rule 45, the bill was laid over one day.
House Bill No. 5474, entitled
A bill to amend 1978 PA 368, entitled "Public health code," by amending sections 16901, 16903, and 16905 (MCL 333.16901, 333.16903, and 333.16905), as added by 1995 PA 126.
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 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 provide for the levy of taxes against certain health facilities or agencies; 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 provide for an appropriation and supplements; 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," by amending section 16905 (MCL 333.16905), as added by 1995 PA 126.
The Speaker announced that pursuant to Rule 45, the bill was laid over one day.
House Concurrent Resolution No. 67.
A concurrent resolution approving an increase in Total Project Cost, approving the conveyance of property to the State Building Authority, and approving a lease between the State of Michigan and the State Building Authority relative to the Department of Community Health Center for Forensic Psychiatry.
(For text of concurrent resolution, see House Journal No. 79, p. 1950.)
The Senate has adopted the concurrent resolution and named Senator Allen as co-sponsor.
The concurrent resolution was referred to the Clerk for record.
______
Rep. Zelenko entered the House Chambers.
Quorum Call
Rep. Richardville questioned the presence of a quorum and moved that the roll be called and printed in the Journal.
The motion prevailed.
The roll was called and the Clerk announced that a quorum was present.
The following is the roll call:
Roll Call No. 809 Yeas--97
Accavitti Gaffney Meisner Shaffer
Acciavatti Garfield Meyer Sheltrown
Adamini Gieleghem Middaugh Smith
Amos Gleason Milosch Spade
Anderson Hager Minore Stahl
Bieda Hardman Moolenaar Stakoe
Bisbee Hood Mortimer Stallworth
Bradstreet Hoogendyk Murphy Steil
Brandenburg Hopgood Newell Stewart
Brown Howell Nitz Tabor
Byrum Huizenga Nofs Taub
Casperson Hummel O'Neil Tobocman
Caul Hune Palmer Vagnozzi
Cheeks Jamnick Palsrok Van Regenmorter
Clack Johnson, Rick Pappageorge Vander Veen
Condino Johnson, Ruth Pastor Voorhees
Dennis Julian Phillips Walker
DeRoche Koetje Plakas Ward
DeRossett Kolb Reeves Waters
Drolet Kooiman Richardville Whitmer
Ehardt LaJoy Rivet Williams
Elkins LaSata Robertson Wojno
Emmons Law Rocca Woronchak
Farhat Lipsey Sak Zelenko
Farrah
In The Chair: Julian
______
The Speaker assumed the Chair.
Announcement by the Clerk of Printing and Enrollment
The Clerk announced that the following bills had been printed and placed upon the files of the members on Wednesday, September 22:
Senate Bill Nos. 1397 1398 1399 1400 1401 1402 1403 1404 1405 1406 1407 1408 1409 1410 1411 1412 1413 1414 1415
The Clerk announced the enrollment printing and presentation to the Governor on Thursday, September 23, for her approval of the following bill:
Enrolled House Bill No. 5509 at 11:30 a.m.
The Clerk announced that the following bills and joint resolution had been printed and placed upon the files of the members on Thursday, September 23:
House Bill Nos. 6213 6214 6215 6216 6217 6218 6219 6220 6221 6222 6223 6224 6225 6226 6227 6228 6229 6230 6231 6232 6233 6234 6235
House Joint Resolution CC
The Clerk announced that the following Senate bills had been received on Thursday, September 23:
Senate Bill Nos. 1095 1243 1368 1369 1376 1391 1396
The Clerk announced that the following bills had been printed and placed upon the files of the members on Friday, September 24:
Senate Bill Nos. 1417 1418 1419 1420 1421 1422 1423 1424 1425 1426 1427
The Clerk announced the enrollment printing and presentation to the Governor on Monday, September 27, for her approval of the following bills:
Enrolled House Bill No. 5113 at 11:00 a.m.
Enrolled House Bill No. 5114 at 11:02 a.m.
Enrolled House Bill No. 5809 at 11:04 a.m.
The Clerk announced the enrollment printing and presentation to the Governor on Tuesday, September 28, for her approval of the following bill:
Enrolled House Bill No. 5802 at 2:00 p.m.
The Clerk announced that the following bill had been printed and placed upon the files of the members on Tuesday, September 28:
Senate Bill No. 1432
The Clerk announced that the following bills had been printed and placed upon the files of the members on Wednesday, September 29:
Senate Bill Nos. 1428 1429 1430 1431 1433
The Clerk announced that the following Senate bills had been received on Wednesday, September 29:
Senate Bill Nos. 959 961 963 964 966 1148 1384
By unanimous consent the House returned to the order of
Motions and Resolutions
By unanimous consent the House considered House Resolution No. 319 out of numerical order.
The Speaker, on behalf of the entire membership of the House of Representatives, offered the following resolution:
House Resolution No. 319.
A resolution of tribute offered as a memorial for Joseph Ingram Jackson, former member of the House of Representatives.
Whereas, It is with great respect for the manner in which he served our state and this legislative body that we extend this expression of respect to mark the passing of Joseph Ingram Jackson, a member of the Michigan House of Representatives from 1955 to 1962. We offer our condolences to his family as we mark his contributions to the legislative process and the development of our state; and
Whereas, Born in London, Ontario, in 1906, Joseph Jackson came to Detroit in 1925 and learned the tool and die trade. He became actively involved in community groups and organized labor, becoming an official with his local in the UAW. From this start, he devoted himself to civic affairs in Highland Park and to the real estate profession. In 1954, he was elected to the first of his four consecutive terms in the Michigan House of Representatives. Mr. Jackson, who was thought to be the oldest living former Michigan lawmaker before his passing, served our state during the governorship of G. Mennen Williams, at a time when Michigan was adjusting to the challenges of the post war boom; and
Whereas, As a member of the House, Mr. Jackson contributed to the work of several committees, including those dealing with conservation, education, local government, and various state institutions. Following his work as a lawmaker, Mr. Jackson went on to create a successful business in Oakland County and to exhibit the energy and compassion that earned him honors and which marked his entire life; now, therefore, be it
Resolved by the House of Representatives, That we offer this expression of our highest tribute to honor the memory of Joseph Ingram Jackson, who served as a member of this legislative body with great distinction from 1955 to 1962; and be it further
Resolved, That copies of this resolution be transmitted to the Jackson family as evidence of our condolences and gratitude for his service to our state.
The question being on the adoption of the resolution,
The resolution was adopted by unanimous standing vote.
______
The Speaker called the Speaker Pro Tempore to the Chair.
Rep. Richardville moved that Rule 45 be suspended.
The motion prevailed, 3/5 of the members present voting therefor.
Rep. Richardville moved that the Committee on Tax Policy be discharged from further consideration of House Bill No. 6227.
The motion prevailed, a majority of the members serving voting therefor.
The bill was placed on the order of Second Reading of Bills and laid over one day.
Rep. Richardville moved that Rule 45 be suspended.
The motion prevailed, 3/5 of the members present voting therefor.
Rep. Richardville moved that the Committee on Health Policy be discharged from further consideration of House Bill No. 4703.
The motion prevailed, a majority of the members serving voting therefor.
The bill was placed on the order of Second Reading of Bills and laid over one day.
Richardville moved that Rule 45 be suspended.
The motion prevailed, 3/5 of the members present voting therefor.
Rep. Richardville moved that the Committee on Health Policy be discharged from further consideration of House Concurrent Resolution No. 68.
The motion prevailed, a majority of the members serving voting therefor.
The concurrent resolution was placed on the order of Reports of Standing Committees and laid over one day.
Second Reading of Bills
House Bill No. 6168, entitled
A bill to prohibit certain acts and practices concerning identity theft; to provide for the powers and duties of certain state and local governmental officers and entities; to prescribe penalties and provide remedies; and to repeal acts and parts of acts.
Was read a second time, and the question being on the adoption of the proposed substitute (H-1) previously recommended by the Committee on Criminal Justice,
The substitute (H-1) was adopted, a majority of the members serving voting therefor.
Rep. Van Regenmorter moved to substitute (H-3) the bill.
The motion prevailed and the substitute (H-3) was adopted, a majority of the members serving voting therefor.
Rep. Van Regenmorter moved to amend the bill as follows:
1. Amend page 8, line 2, after "exercising" by inserting "reasonable".
The motion prevailed and the amendment was adopted, a majority of the members serving voting therefor.
Rep. Van Regenmorter moved to amend the bill as follows:
1. Amend page 8, line 6, after "subdivision." by inserting "This subdivision does not apply to a change to or review of an existing account.".
The motion prevailed and the amendment was adopted, a majority of the members serving voting therefor.
Rep. Van Regenmorter moved to amend the bill as follows:
1. Amend page 8, line 4, after "issued" by inserting "for depository institutions, and to be issued for other financial institutions,".
The motion prevailed and the amendment was adopted, a majority of the members serving voting therefor.
Rep. Van Regenmorter moved to amend the bill as follows:
1. Amend page 1, following line 3, by inserting:
"(a) "Child or spousal support" means support for a child or spouse, paid or provided pursuant to state or federal law under a court order or judgement. Support includes, but is not limited to, any of the following:
(i) Expenses for day-to-day care.
(ii) Medical, dental, or other health care.
(iii) Child care expenses.
(iv) Educational expenses.
(v) Expenses in connection with pregnancy or confinement under the paternity at, 1956 PA 205, MCL 722.711 to 722.730.
(vi) Repayment of genetic testing expenses, under the paternity act, 1956 PA 205, MCL 722.711 to 722.730. (vii) A surcharge as provided by section 3a of the support and parenting time enforcement act, 1982 PA 295, MCL 552.603a." and relettering the remaing subdivisions.
2. Amend page 4, line 20, after "debt," by inserting "child or spousal support obligation, tax liabiltiy,".
The motion prevailed and the amendments were adopted, a majority of the members serving voting therefor.
Rep. Robertson 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. Sak moved that Rep. Plakas be excused temporarily from today's session.
The motion prevailed.
Rep. Steil moved that Rep. Shackleton 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. 6168, entitled
A bill to prohibit certain acts and practices concerning identity theft; to provide for the powers and duties of certain state and local governmental officers and entities; to prescribe penalties and provide remedies; and to repeal acts and parts of acts.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 810 Yeas--104
Accavitti Gaffney Lipsey Shaffer
Acciavatti Garfield McConico Sheltrown
Adamini Gieleghem Meisner Shulman
Amos Gillard Meyer Smith
Anderson Gleason Middaugh Spade
Bieda Hager Milosch Stahl
Bisbee Hardman Minore Stakoe
Bradstreet Hart Moolenaar Stallworth
Brandenburg Hood Mortimer Steil
Brown Hoogendyk Murphy Stewart
Byrum Hopgood Newell Tabor
Casperson Howell Nitz Taub
Caswell Huizenga Nofs Tobocman
Caul Hummel O'Neil Vagnozzi
Cheeks Hune Palmer Van Regenmorter
Clack Hunter Palsrok Vander Veen
Condino Jamnick Pappageorge Voorhees
Dennis Johnson, Rick Pastor Walker
DeRoche Johnson, Ruth Phillips Ward
DeRossett Julian Pumford Waters
Drolet Koetje Reeves Whitmer
Ehardt Kolb Richardville Williams
Elkins Kooiman Rivet Wojno
Emmons LaJoy Robertson Woodward
Farhat LaSata Rocca Woronchak
Farrah Law Sak Zelenko
Nays--0
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.
Second Reading of Bills
House Bill No. 6169, entitled
A bill to amend 1927 PA 175, entitled "The code of criminal procedure," by amending sections 14h and 16o of chapter XVII (MCL 777.14h and 777.16o), section 14h as amended by 2003 PA 134 and section 16o as amended by 2000 PA 389.
Was read a second time, and the question being on the adoption of the proposed substitute (H-1) previously recommended by the Committee on Criminal Justice,
The substitute (H-1) was adopted, a majority of the members serving voting therefor.
Rep. Van Regenmorter moved to amend the bill as follows:
1. Amend page 1, line 5, by striking out "445.64" and inserting "445.65".
2. Amend page 1, line 6, by striking out "445.65" and inserting "445.67".
The motion prevailed and the amendments were adopted, a majority of the members serving voting therefor.
Rep. Van Regenmorter 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. 6169, entitled
A bill to amend 1927 PA 175, entitled "The code of criminal procedure," by amending sections 14h and 16o of chapter XVII (MCL 777.14h and 777.16o), section 14h as amended by 2003 PA 134 and section 16o as amended by 2000 PA 389.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 811 Yeas--105
Accavitti Garfield Meisner Shaffer
Acciavatti Gieleghem Meyer Sheltrown
Adamini Gillard Middaugh Shulman
Amos Gleason Milosch Smith
Anderson Hager Minore Spade
Bieda Hardman Moolenaar Stahl
Bisbee Hart Mortimer Stakoe
Bradstreet Hood Murphy Stallworth
Brandenburg Hoogendyk Newell Steil
Brown Hopgood Nitz Stewart
Byrum Howell Nofs Tabor
Casperson Huizenga O'Neil Taub
Caswell Hummel Palmer Tobocman
Caul Hune Palsrok Vagnozzi
Cheeks Hunter Pappageorge Van Regenmorter
Clack Jamnick Pastor Vander Veen
Condino Johnson, Ruth Phillips Voorhees
Dennis Julian Plakas Walker
DeRoche Koetje Pumford Ward
DeRossett Kolb Reeves Waters
Drolet Kooiman Richardville Whitmer
Ehardt LaJoy Rivet Williams
Elkins LaSata Robertson Wojno
Emmons Law Rocca Woodward
Farhat Lipsey Sak Woronchak
Farrah McConico Shackleton Zelenko
Gaffney
Nays--0
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.
Second Reading of Bills
House Bill No. 6170, entitled
A bill to amend 1927 PA 175, entitled "The code of criminal procedure," (MCL 760.1 to 777.69) by adding section10c to chapter II.
The bill was read a second time.
Rep. Farhat 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. 6170, entitled
A bill to amend 1927 PA 175, entitled "The code of criminal procedure," (MCL 760.1 to 777.69) by adding section10c to chapter II.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 812 Yeas--106
Accavitti Garfield Meisner Shaffer
Acciavatti Gieleghem Meyer Sheltrown
Adamini Gillard Middaugh Shulman
Amos Gleason Milosch Smith
Anderson Hager Minore Spade
Bieda Hardman Moolenaar Stahl
Bisbee Hart Mortimer Stakoe
Bradstreet Hood Murphy Stallworth
Brandenburg Hoogendyk Newell Steil
Brown Hopgood Nitz Stewart
Byrum Howell Nofs Tabor
Casperson Huizenga O'Neil Taub
Caswell Hummel Palmer Tobocman
Caul Hune Palsrok Vagnozzi
Cheeks Hunter Pappageorge Van Regenmorter
Clack Jamnick Pastor Vander Veen
Condino Johnson, Rick Phillips Voorhees
Dennis Johnson, Ruth Plakas Walker
DeRoche Julian Pumford Ward
DeRossett Koetje Reeves Waters
Drolet Kolb Richardville Whitmer
Ehardt Kooiman Rivet Williams
Elkins LaJoy Robertson Wojno
Emmons LaSata Rocca Woodward
Farhat Law Sak Woronchak
Farrah Lipsey Shackleton Zelenko
Gaffney McConico
Nays--0
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.
Second Reading of Bills
House Bill No. 6171, entitled
A bill to establish the social security number privacy act in the state of Michigan; to prescribe penalties; and to provide remedies.
Was read a second time, and the question being on the adoption of the proposed substitute (H-1) previously recommended by the Committee on Criminal Justice,
The substitute (H-1) was not adopted, a majority of the members serving not voting therefor.
Rep. Van Regenmorter 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. Van Regenmorter moved to amend the bill as follows:
1. Amend page 7, line 24, after "3" by striking out the balance of the line through "greater" on line 25.
The motion did not prevail and the amendment was not adopted, a majority of the members serving not voting therefor.
Rep. Van Regenmorter moved to amend the bill as follows:
1. Amend page 4, line 23, after "6809" by striking out the balance of the line through "subtitle" on line 24.
2. Amend page 4, line 25, after "104-191" by striking out the balance of the line through "act" on line 26.
3. Amend page 4, line 27, after "500.539" by striking out the balance of the subparagraph and inserting a period.
The motion did not prevail and the amendments were not adopted, a majority of the members serving not voting therefor.
Rep. Van Regenmorter moved to amend the bill as follows:
1. Amend page 1, line 4, after ""Child" by inserting "or spousal".
2. Amend page 1, line 4, after "child" by inserting "or spouse".
3. Amend page 1, line 6, after "judgement." by inserting "Support includes, but is not limited to, any of the following:
(i) Expenses for day-to-day care.
(ii) Medical, dental, or other health care.
(iii) Child care expenses.
(iv) Educational expenses.
(v) Expenses in connection with pregnancy or confinement under the paternity at, 1956 PA 205, MCL 722.711 to 722.730.
(vi) Repayment of genetic testing expenses, under the paternity act, 1956 PA 205, MCL 722.711 to 722.730. (vii) A surcharge as provided by section 3a of the support and parenting time enforcement act, 1982 PA 295, MCL 552.603a.".
4. Amend page 6, line 7, after "child" by inserting "or spousal".
The motion did not prevail and the amendments were not adopted, a majority of the members serving not voting therefor.
Rep. Casperson 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. 6171, entitled
A bill to establish the social security number privacy act in the state of Michigan; to prescribe penalties; and to provide remedies.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 813 Yeas--106
Accavitti Garfield Meisner Shaffer
Acciavatti Gieleghem Meyer Sheltrown
Adamini Gillard Middaugh Shulman
Amos Gleason Milosch Smith
Anderson Hager Minore Spade
Bieda Hardman Moolenaar Stahl
Bisbee Hart Mortimer Stakoe
Bradstreet Hood Murphy Stallworth
Brandenburg Hoogendyk Newell Steil
Brown Hopgood Nitz Stewart
Byrum Howell Nofs Tabor
Casperson Huizenga O'Neil Taub
Caswell Hummel Palmer Tobocman
Caul Hune Palsrok Vagnozzi
Cheeks Hunter Pappageorge Van Regenmorter
Clack Jamnick Pastor Vander Veen
Condino Johnson, Rick Phillips Voorhees
Dennis Johnson, Ruth Plakas Walker
DeRoche Julian Pumford Ward
DeRossett Koetje Reeves Waters
Drolet Kolb Richardville Whitmer
Ehardt Kooiman Rivet Williams
Elkins LaJoy Robertson Wojno
Emmons LaSata Rocca Woodward
Farhat Law Sak Woronchak
Farrah Lipsey Shackleton Zelenko
Gaffney McConico
Nays--0
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.
Second Reading of Bills
House Bill No. 6172, entitled
A bill to amend 1927 PA 175, entitled "The code of criminal procedure," by amending section 24 of chapter VII (MCL 767.24), as amended by 2002 PA 119.
The bill was read a second time.
Rep. Van Regenmorter moved to amend the bill as follows:
1. Amend page 3, line 9, after "in" by striking out "section 4 or 5" and inserting "section 5 or 7".
The motion prevailed and the amendment was adopted, a majority of the members serving voting therefor.
Rep. Milosch 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. 6172, entitled
A bill to amend 1927 PA 175, entitled "The code of criminal procedure," by amending section 24 of chapter VII (MCL 767.24), as amended by 2002 PA 119.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 814 Yeas--106
Accavitti Garfield Meisner Shaffer
Acciavatti Gieleghem Meyer Sheltrown
Adamini Gillard Middaugh Shulman
Amos Gleason Milosch Smith
Anderson Hager Minore Spade
Bieda Hardman Moolenaar Stahl
Bisbee Hart Mortimer Stakoe
Bradstreet Hood Murphy Stallworth
Brandenburg Hoogendyk Newell Steil
Brown Hopgood Nitz Stewart
Byrum Howell Nofs Tabor
Casperson Huizenga O'Neil Taub
Caswell Hummel Palmer Tobocman
Caul Hune Palsrok Vagnozzi
Cheeks Hunter Pappageorge Van Regenmorter
Clack Jamnick Pastor Vander Veen
Condino Johnson, Rick Phillips Voorhees
Dennis Johnson, Ruth Plakas Walker
DeRoche Julian Pumford Ward
DeRossett Koetje Reeves Waters
Drolet Kolb Richardville Whitmer
Ehardt Kooiman Rivet Williams
Elkins LaJoy Robertson Wojno
Emmons LaSata Rocca Woodward
Farhat Law Sak Woronchak
Farrah Lipsey Shackleton Zelenko
Gaffney McConico
Nays--0
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.
Second Reading of Bills
House Bill No. 6173, entitled
A bill to amend 1985 PA 87, entitled "Crime victim's rights act," (MCL 780.751 to 780.834) by adding sections 4a, 33b, and 64a.
Was read a second time, and the question being on the adoption of the proposed substitute (H-1) previously recommended by the Committee on Criminal Justice,
The substitute (H-1) was adopted, a majority of the members serving voting therefor.
Rep. Van Regenmorter moved to amend the bill as follows:
1. Amend page 1, line 2, after "to" by striking out the balance of the line through "from" on line 3 and inserting "file a police report with".
2. Amend page 1, line 6, after "762.10c" by inserting a comma and "and to obtain a copy of that report from that law enforcement agency".
3. Amend page 1, line 10, after "to" by striking out the balance of the line through "from" on line 11 and inserting "file a police report with".
4. Amend page 2, line 3, after "762.10c" by inserting a comma and "and to obtain a copy of that report from that law enforcement agency".
5. Amend page 2, line 7, after "to" by striking out the balance of the line through "from" on line 8 and inserting "file a police report with".
6. Amend page 2, line 11, after "762.10c" by inserting a comma and "and to obtain a copy of that report from that law enforcement agency".
The motion prevailed and the amendments were adopted, a majority of the members serving voting therefor.
Rep. Stakoe 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. 6173, entitled
A bill to amend 1985 PA 87, entitled "Crime victim's rights act," (MCL 780.751 to 780.834) by adding sections 4a, 33b, and 64a.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 815 Yeas--105
Accavitti Garfield McConico Shaffer
Acciavatti Gieleghem Meisner Sheltrown
Adamini Gillard Meyer Shulman
Amos Gleason Middaugh Smith
Anderson Hager Milosch Spade
Bieda Hardman Minore Stahl
Bisbee Hart Moolenaar Stakoe
Bradstreet Hood Mortimer Stallworth
Brandenburg Hoogendyk Murphy Steil
Brown Hopgood Newell Stewart
Byrum Howell Nitz Tabor
Casperson Huizenga Nofs Taub
Caswell Hummel O'Neil Tobocman
Caul Hune Palmer Vagnozzi
Cheeks Hunter Palsrok Van Regenmorter
Clack Jamnick Pappageorge Vander Veen
Condino Johnson, Rick Pastor Voorhees
Dennis Johnson, Ruth Phillips Walker
DeRoche Julian Plakas Ward
DeRossett Koetje Pumford Waters
Drolet Kolb Reeves Whitmer
Ehardt Kooiman Richardville Williams
Elkins LaJoy Rivet Wojno
Emmons LaSata Robertson Woodward
Farhat Law Rocca Woronchak
Farrah Lipsey Sak Zelenko
Gaffney
Nays--0
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.
Reps. Anderson, Rocca, Phillips, Kolb, DeRossett, Richardville, Lipsey, Bieda, Vagnozzi, Hune, Gleason and Ward were named co-sponsors of the bill.
Second Reading of Bills
House Bill No. 6174, entitled
A bill to amend 1976 PA 331, entitled "Michigan consumer protection act," by amending section 3 (MCL 445.903), as amended by 2002 PA 613.
The bill was read a second time.
Rep. Van Regenmorter moved to amend the bill as follows:
1. Amend page 7, line 3, after "section" by striking out "7" and inserting "11".
The motion prevailed and the amendment was adopted, a majority of the members serving voting therefor.
Rep. Nofs 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. Caswell moved that Rep. Shackleton 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. 6174, entitled
A bill to amend 1976 PA 331, entitled "Michigan consumer protection act," by amending section 3 (MCL 445.903), as amended by 2002 PA 613.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 816 Yeas--105
Accavitti Garfield McConico Shaffer
Acciavatti Gieleghem Meisner Sheltrown
Adamini Gillard Meyer Shulman
Amos Gleason Middaugh Smith
Anderson Hager Milosch Spade
Bieda Hardman Minore Stahl
Bisbee Hart Moolenaar Stakoe
Bradstreet Hood Mortimer Stallworth
Brandenburg Hoogendyk Murphy Steil
Brown Hopgood Newell Stewart
Byrum Howell Nitz Tabor
Casperson Huizenga Nofs Taub
Caswell Hummel O'Neil Tobocman
Caul Hune Palmer Vagnozzi
Cheeks Hunter Palsrok Van Regenmorter
Clack Jamnick Pappageorge Vander Veen
Condino Johnson, Rick Pastor Voorhees
Dennis Johnson, Ruth Phillips Walker
DeRoche Julian Plakas Ward
DeRossett Koetje Pumford Waters
Drolet Kolb Reeves Whitmer
Ehardt Kooiman Richardville Williams
Elkins LaJoy Rivet Wojno
Emmons LaSata Robertson Woodward
Farhat Law Rocca Woronchak
Farrah Lipsey Sak Zelenko
Gaffney
Nays--0
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.
Reps. Woronchak, Anderson, Rocca, Zelenko, Kolb, Richardville, Koetje, Voorhees, Middaugh, Vander Veen, Gaffney, Hunter, Farrah, Stakoe, Hune, Moolenaar and Mortimer were named co-sponsors of the bill.
Second Reading of Bills
House Bill No. 6175, entitled
A bill to amend 1976 PA 331, entitled "Michigan consumer protection act," by amending section 3 (MCL 445.903), as amended by 2002 PA 613.
The bill was read a second time.
Rep. Mortimer 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. 6175, entitled
A bill to amend 1976 PA 331, entitled "Michigan consumer protection act," by amending section 3 (MCL 445.903), as amended by 2002 PA 613.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 817 Yeas--105
Accavitti Garfield McConico Shaffer
Acciavatti Gieleghem Meisner Sheltrown
Adamini Gillard Meyer Shulman
Amos Gleason Middaugh Smith
Anderson Hager Milosch Spade
Bieda Hardman Minore Stahl
Bisbee Hart Moolenaar Stakoe
Bradstreet Hood Mortimer Stallworth
Brandenburg Hoogendyk Murphy Steil
Brown Hopgood Newell Stewart
Byrum Howell Nitz Tabor
Casperson Huizenga Nofs Taub
Caswell Hummel O'Neil Tobocman
Caul Hune Palmer Vagnozzi
Cheeks Hunter Palsrok Van Regenmorter
Clack Jamnick Pappageorge Vander Veen
Condino Johnson, Rick Pastor Voorhees
Dennis Johnson, Ruth Phillips Walker
DeRoche Julian Plakas Ward
DeRossett Koetje Pumford Waters
Drolet Kolb Reeves Whitmer
Ehardt Kooiman Richardville Williams
Elkins LaJoy Rivet Wojno
Emmons LaSata Robertson Woodward
Farhat Law Rocca Woronchak
Farrah Lipsey Sak Zelenko
Gaffney
Nays--0
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.
Reps. Rocca, Kolb, DeRossett, Lipsey, Voorhees, Vander Veen, Sheltrown, Farrah, Bieda, Wojno, Accavitti, Hune, Ward, Moolenaar and Gillard were named co-sponsors of the bill.
Second Reading of Bills
House Bill No. 6176, entitled
A bill to amend 1976 PA 331, entitled "Michigan consumer protection act," by amending section 3 (MCL 445.903), as amended by 2002 PA 613.
Was read a second time, and the question being on the adoption of the proposed substitute (H-1) previously recommended by the Committee on Criminal Justice,
The substitute (H-1) was not adopted, a majority of the members serving not voting therefor.
Rep. Van Regenmorter 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. Richardville 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. 6176, entitled
A bill to amend 1976 PA 331, entitled "Michigan consumer protection act," by amending section 3 (MCL 445.903), as amended by 2002 PA 613.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 818 Yeas--105
Accavitti Garfield McConico Shaffer
Acciavatti Gieleghem Meisner Sheltrown
Adamini Gillard Meyer Shulman
Amos Gleason Middaugh Smith
Anderson Hager Milosch Spade
Bieda Hardman Minore Stahl
Bisbee Hart Moolenaar Stakoe
Bradstreet Hood Mortimer Stallworth
Brandenburg Hoogendyk Murphy Steil
Brown Hopgood Newell Stewart
Byrum Howell Nitz Tabor
Casperson Huizenga Nofs Taub
Caswell Hummel O'Neil Tobocman
Caul Hune Palmer Vagnozzi
Cheeks Hunter Palsrok Van Regenmorter
Clack Jamnick Pappageorge Vander Veen
Condino Johnson, Rick Pastor Voorhees
Dennis Johnson, Ruth Phillips Walker
DeRoche Julian Plakas Ward
DeRossett Koetje Pumford Waters
Drolet Kolb Reeves Whitmer
Ehardt Kooiman Richardville Williams
Elkins LaJoy Rivet Wojno
Emmons LaSata Robertson Woodward
Farhat Law Rocca Woronchak
Farrah Lipsey Sak Zelenko
Gaffney
Nays--0
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.
Second Reading of Bills
House Bill No. 6177, entitled
A bill to amend 1931 PA 328, entitled "The Michigan penal code," (MCL 750.1 to 750.568) by adding section 539k.
The bill was read a second time.
Rep. Rocca 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. 6177, entitled
A bill to amend 1931 PA 328, entitled "The Michigan penal code," (MCL 750.1 to 750.568) by adding section 539k.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 819 Yeas--105
Accavitti Garfield McConico Shaffer
Acciavatti Gieleghem Meisner Sheltrown
Adamini Gillard Meyer Shulman
Amos Gleason Middaugh Smith
Anderson Hager Milosch Spade
Bieda Hardman Minore Stahl
Bisbee Hart Moolenaar Stakoe
Bradstreet Hood Mortimer Stallworth
Brandenburg Hoogendyk Murphy Steil
Brown Hopgood Newell Stewart
Byrum Howell Nitz Tabor
Casperson Huizenga Nofs Taub
Caswell Hummel O'Neil Tobocman
Caul Hune Palmer Vagnozzi
Cheeks Hunter Palsrok Van Regenmorter
Clack Jamnick Pappageorge Vander Veen
Condino Johnson, Rick Pastor Voorhees
Dennis Johnson, Ruth Phillips Walker
DeRoche Julian Plakas Ward
DeRossett Koetje Pumford Waters
Drolet Kolb Reeves Whitmer
Ehardt Kooiman Richardville Williams
Elkins LaJoy Rivet Wojno
Emmons LaSata Robertson Woodward
Farhat Law Rocca Woronchak
Farrah Lipsey Sak Zelenko
Gaffney
Nays--0
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.
Reps. Anderson, Pappageorge, Phillips, Minore, Zelenko, Kolb, Jamnick, DeRossett, Richardville, Lipsey, Voorhees, Ruth Johnson, Gaffney, Bieda, Wojno, Vagnozzi, Accavitti, Hune, Gleason, Elkins, Gillard and Mortimer were named co-sponsors of the bill.
Second Reading of Bills
Senate Bill No. 220, entitled
A bill to amend 1976 PA 331, entitled "Michigan consumer protection act," by amending section 3 (MCL 445.903), as amended by 2002 PA 613.
Was read a second time, and the question being on the adoption of the proposed substitute (H-3) previously recommended by the Committee on Criminal Justice,
The substitute (H-3) was adopted, a majority of the members serving voting therefor.
Rep. Richardville moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
Rep. Richardville moved that 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. 220, entitled
A bill to amend 1976 PA 331, entitled "Michigan consumer protection act," by amending section 3 (MCL 445.903), as amended by 2002 PA 613.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 820 Yeas--106
Accavitti Garfield Meisner Shaffer
Acciavatti Gieleghem Meyer Sheltrown
Adamini Gillard Middaugh Shulman
Amos Gleason Milosch Smith
Anderson Hager Minore Spade
Bieda Hardman Moolenaar Stahl
Bisbee Hart Mortimer Stakoe
Bradstreet Hood Murphy Stallworth
Brandenburg Hoogendyk Newell Steil
Brown Hopgood Nitz Stewart
Byrum Howell Nofs Tabor
Casperson Huizenga O'Neil Taub
Caswell Hummel Palmer Tobocman
Caul Hune Palsrok Vagnozzi
Cheeks Hunter Pappageorge Van Regenmorter
Clack Jamnick Pastor Vander Veen
Condino Johnson, Rick Phillips Voorhees
Dennis Johnson, Ruth Plakas Walker
DeRoche Julian Pumford Ward
DeRossett Koetje Reeves Waters
Drolet Kolb Richardville Whitmer
Ehardt Kooiman Rivet Williams
Elkins LaJoy Robertson Wojno
Emmons LaSata Rocca Woodward
Farhat Law Sak Woronchak
Farrah Lipsey Shackleton Zelenko
Gaffney McConico
Nays--0
In The Chair: Julian
Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows:
"An act to prohibit certain methods, acts, and practices in trade or commerce; to prescribe certain powers and duties; to provide for certain remedies, damages, and penalties; to provide for the promulgation of rules; to provide for certain investigations; and to prescribe penalties,"
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.
Second Reading of Bills
Senate Bill No. 657, entitled
A bill to amend 1976 PA 331, entitled "Michigan consumer protection act," by amending section 3 (MCL 445.903), as amended by 2002 PA 613.
Was read a second time, and the question being on the adoption of the proposed substitute (H-3) previously recommended by the Committee on Criminal Justice,
The substitute (H-3) was not adopted, a majority of the members serving not voting therefor.
Rep. Van Regenmorter moved to substitute (H-4) the bill.
The motion prevailed and the substitute (H-4) was adopted, a majority of the members serving voting therefor.
Rep. Richardville moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
Rep. Richardville moved that 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. 657, entitled
A bill to amend 1976 PA 331, entitled "Michigan consumer protection act," by amending section 3 (MCL 445.903), as amended by 2002 PA 613.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 821 Yeas--106
Accavitti Garfield Meisner Shaffer
Acciavatti Gieleghem Meyer Sheltrown
Adamini Gillard Middaugh Shulman
Amos Gleason Milosch Smith
Anderson Hager Minore Spade
Bieda Hardman Moolenaar Stahl
Bisbee Hart Mortimer Stakoe
Bradstreet Hood Murphy Stallworth
Brandenburg Hoogendyk Newell Steil
Brown Hopgood Nitz Stewart
Byrum Howell Nofs Tabor
Casperson Huizenga O'Neil Taub
Caswell Hummel Palmer Tobocman
Caul Hune Palsrok Vagnozzi
Cheeks Hunter Pappageorge Van Regenmorter
Clack Jamnick Pastor Vander Veen
Condino Johnson, Rick Phillips Voorhees
Dennis Johnson, Ruth Plakas Walker
DeRoche Julian Pumford Ward
DeRossett Koetje Reeves Waters
Drolet Kolb Richardville Whitmer
Ehardt Kooiman Rivet Williams
Elkins LaJoy Robertson Wojno
Emmons LaSata Rocca Woodward
Farhat Law Sak Woronchak
Farrah Lipsey Shackleton Zelenko
Gaffney McConico
Nays--0
In The Chair: Julian
Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows:
"An act to prohibit certain methods, acts, and practices in trade or commerce; to prescribe certain powers and duties; to provide for certain remedies, damages, and penalties; to provide for the promulgation of rules; to provide for certain investigations; and to prescribe penalties,"
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.
Second Reading of Bills
Senate Bill No. 792, entitled
A bill to prohibit certain acts and practices concerning identity theft; to provide for the powers and duties of certain state and local governmental officers and entities; to prescribe penalties and provide remedies; and to repeal acts and parts of acts.
Was read a second time, and the question being on the adoption of the proposed substitute (H-2) previously recommended by the Committee on Criminal Justice,
The substitute (H-2) was not adopted, a majority of the members serving not voting therefor.
Rep. Van Regenmorter moved to substitute (H-4) the bill.
The motion prevailed and the substitute (H-4) was adopted, a majority of the members serving voting therefor.
Rep. Van Regenmorter moved to amend the bill as follows:
1. Amend page 8, line 2, after "exercising" by inserting "reasonable".
The motion prevailed and the amendment was adopted, a majority of the members serving voting therefor.
Rep. Van Regenmorter moved to amend the bill as follows:
1. Amend page 8, line 6, after "subdivision." by inserting "This subdivision does not apply to a change to or review of an existing account.".
The motion prevailed and the amendment was adopted, a majority of the members serving voting therefor.
Rep. Van Regenmorter moved to amend the bill as follows:
1. Amend page 8, line 4, after "issued" by inserting "for depository institutions, and to be issued for other financial institutions,".
The motion prevailed and the amendment was adopted, a majority of the members serving voting therefor.
Rep. Van Regenmorter moved to amend the bill as follows:
1. Amend page 1, following line 3, by inserting:
"(a) "Child or spousal support" means support for a child or spouse, paid or provided pursuant to state or federal law under a court order or judgement. Support includes, but is not limited to, any of the following:
(i) Expenses for day-to-day care.
(ii) Medical, dental, or other health care.
(iii) Child care expenses.
(iv) Educational expenses.
(v) Expenses in connection with pregnancy or confinement under the paternity at, 1956 PA 205, MCL 722.711 to 722.730.
(vi) Repayment of genetic testing expenses, under the paternity act, 1956 PA 205, MCL 722.711 to 722.730. (vii) A surcharge as provided by section 3a of the support and parenting time enforcement act, 1982 PA 295, MCL 552.603a." and relettering the remaing subdivisions.
2. Amend page 4, line 20, after "debt," by inserting "child or spousal support obligation, tax liabiltiy,".
The motion prevailed and the amendments were adopted, a majority of the members serving voting therefor.
Rep. Richardville moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
Rep. Richardville moved that the bill be placed on its immediate passage.
The motion prevailed, a majority of the members serving voting therefor.
______
Rep. Palmer moved that Rep. Rick Johnson be excused temporarily from today's session.
The motion prevailed.
Rep. Nitz moved that Rep. Huizenga be excused temporarily from today's session.
The motion prevailed.
Rep. Waters moved that Rep. Stallworth be excused temporarily from today's session.
The motion prevailed.
By unanimous consent the House returned to the order of
Third Reading of Bills
Senate Bill No. 792, entitled
A bill to prohibit certain acts and practices concerning identity theft; to provide for the powers and duties of certain state and local governmental officers and entities; to prescribe penalties and provide remedies; and to repeal acts and parts of acts.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 822 Yeas--103
Accavitti Gaffney Meisner Shaffer
Acciavatti Garfield Meyer Sheltrown
Adamini Gieleghem Middaugh Shulman
Amos Gillard Milosch Smith
Anderson Gleason Minore Spade
Bieda Hager Moolenaar Stahl
Bisbee Hardman Mortimer Stakoe
Bradstreet Hart Murphy Steil
Brandenburg Hood Newell Stewart
Brown Hoogendyk Nitz Tabor
Byrum Hopgood Nofs Taub
Casperson Howell O'Neil Tobocman
Caswell Hummel Palmer Vagnozzi
Caul Hune Palsrok Van Regenmorter
Cheeks Hunter Pappageorge Vander Veen
Clack Jamnick Pastor Voorhees
Condino Johnson, Ruth Phillips Walker
Dennis Julian Plakas Ward
DeRoche Koetje Pumford Waters
DeRossett Kolb Reeves Whitmer
Drolet Kooiman Richardville Williams
Ehardt LaJoy Rivet Wojno
Elkins LaSata Robertson Woodward
Emmons Law Rocca Woronchak
Farhat Lipsey Sak Zelenko
Farrah McConico Shackleton
Nays--0
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.
Second Reading of Bills
Senate Bill No. 793, entitled
A bill to amend 1927 PA 175, entitled "The code of criminal procedure," (MCL 760.1 to 777.69) by adding section10c to chapter II.
Was read a second time, and the question being on the adoption of the proposed substitute (H-3) previously recommended by the Committee on Criminal Justice,
The substitute (H-3) was adopted, a majority of the members serving voting therefor.
Rep. Richardville moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
Rep. Richardville moved that the bill be placed on its immediate passage.
The motion prevailed, a majority of the members serving voting therefor.
______
Rep. Mortimer moved that Rep. Ehardt be excused temporarily from today's session.
The motion prevailed.
By unanimous consent the House returned to the order of
Third Reading of Bills
Senate Bill No. 793, entitled
A bill to amend 1927 PA 175, entitled "The code of criminal procedure," (MCL 760.1 to 777.69) by adding section10c to chapter II.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 823 Yeas--104
Accavitti Garfield McConico Shackleton
Acciavatti Gieleghem Meisner Shaffer
Adamini Gillard Meyer Sheltrown
Amos Gleason Middaugh Shulman
Anderson Hager Milosch Smith
Bieda Hardman Minore Spade
Bisbee Hart Moolenaar Stahl
Bradstreet Hood Mortimer Stakoe
Brandenburg Hoogendyk Murphy Steil
Brown Hopgood Newell Stewart
Byrum Howell Nitz Tabor
Casperson Huizenga Nofs Taub
Caswell Hummel O'Neil Tobocman
Caul Hune Palmer Vagnozzi
Cheeks Hunter Palsrok Van Regenmorter
Clack Jamnick Pappageorge Vander Veen
Condino Johnson, Rick Pastor Voorhees
Dennis Johnson, Ruth Phillips Walker
DeRoche Julian Plakas Ward
DeRossett Koetje Pumford Waters
Drolet Kolb Reeves Whitmer
Elkins Kooiman Richardville Williams
Emmons LaJoy Rivet Wojno
Farhat LaSata Robertson Woodward
Farrah Law Rocca Woronchak
Gaffney Lipsey Sak Zelenko
Nays--0
In The Chair: Julian
Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows:
"An act to revise, consolidate, and codify the laws relating to criminal procedure and to define the jurisdiction, powers, and duties of courts, judges, and other officers of the court under the provisions of this act; to provide laws relative to the rights of persons accused of criminal offenses and ordinance violations; to provide for the arrest of persons charged with or suspected of criminal offenses and ordinance violations; to provide for bail of persons arrested for or accused of criminal offenses and ordinance violations; to provide for the examination of persons accused of criminal offenses; to regulate the procedure relative to grand juries, indictments, informations, and proceedings before trial; to provide for trials of persons complained of or indicted for criminal offenses and ordinance violations and to provide for the procedure in those trials; to provide for judgments and sentences of persons convicted of criminal offenses and ordinance violations; to establish a sentencing commission and to prescribe its powers and duties; to provide for procedure relating to new trials and appeals in criminal and ordinance violation cases; to provide a uniform system of probation throughout this state and the appointment of probation officers; to prescribe the powers, duties, and compensation of probation officers; to provide penalties for the violation of the duties of probation officers; to provide for procedure governing proceedings to prevent crime and proceedings for the discovery of crime; to provide for fees of officers, witnesses, and others in criminal and ordinance violation cases; to set forth miscellaneous provisions as to criminal procedure in certain cases; to provide penalties for the violation of certain provisions of this act; and to repeal all acts and parts of acts inconsistent with or contravening any of the provisions 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.
Second Reading of Bills
Senate Bill No. 795, entitled
A bill to establish the social security number privacy act in the state of Michigan; to prescribe penalties and civil sanctions; and to provide remedies.
Was read a second time, and the question being on the adoption of the proposed substitute (H-4) previously recommended by the Committee on Criminal Justice,
The substitute (H-4) was not adopted, a majority of the members serving not voting therefor.
Rep. Van Regenmorter moved to substitute (H-5) the bill.
The motion prevailed and the substitute (H-5) was adopted, a majority of the members serving voting therefor.
Rep. Van Regenmorter moved to amend the bill as follows:
1. Amend page 7, line 24, after "3" by striking out the balance of the line through "greater" on line 25.
The motion did not prevail and the amendment was not adopted, a majority of the members serving not voting therefor.
Rep. Van Regenmorter moved to amend the bill as follows:
1. Amend page 4, line 23, after "6809" by striking out the balance of the line through "subtitle" on line 24.
2. Amend page 4, line 25, after "104-191" by striking out the balance of the line through "act" on line 26.
3. Amend page 4, line 27, after "500.539" by striking out the balance of the subparagraph and inserting a period.
The motion prevailed and the amendments were adopted, a majority of the members serving voting therefor.
Rep. Van Regenmorter moved to amend the bill as follows:
1. Amend page 1, line 4, after ""Child" by inserting "or spousal".
2. Amend page 1, line 4, after "child" by inserting "or spouse".
3. Amend page 1, following line 6, after "judgment." by inserting "Support includes, but is not limited to, any of the following:
(i) Expenses for day-to-day care.
(ii) Medical, dental, or other health care.
(iii) Child care expenses.
(iv) Educational expenses.
(v) Expenses in connection with pregnancy or confinement under the paternity act, 1956 PA 205, MCL 722.711 to 722.730.
(vi) Repayment of genetic testing expenses, under the paternity act, 1956 PA 205, MCL 722.711 to 722.730.
(vii) A surcharge as provided by section 3a of the support and parenting time enforcement act, 1982 PA 295, MCL 552.603a.".
4. Amend page 6, line 7, after "child" by inserting "or spousal".
The motion prevailed and the amendments were adopted, a majority of the members serving voting therefor.
Rep. Richardville moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
Rep. Richardville moved that 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. 795, entitled
A bill to establish the social security number privacy act in the state of Michigan; to prescribe penalties and civil sanctions; and to provide remedies.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 824 Yeas--105
Accavitti Garfield McConico Shackleton
Acciavatti Gieleghem Meisner Shaffer
Adamini Gillard Meyer Sheltrown
Amos Gleason Middaugh Shulman
Anderson Hager Milosch Smith
Bieda Hardman Minore Spade
Bisbee Hart Moolenaar Stahl
Bradstreet Hood Mortimer Stakoe
Brandenburg Hoogendyk Murphy Steil
Brown Hopgood Newell Stewart
Byrum Howell Nitz Tabor
Casperson Huizenga Nofs Taub
Caswell Hummel O'Neil Tobocman
Caul Hune Palmer Vagnozzi
Cheeks Hunter Palsrok Van Regenmorter
Clack Jamnick Pappageorge Vander Veen
Condino Johnson, Rick Pastor Voorhees
Dennis Johnson, Ruth Phillips Walker
DeRoche Julian Plakas Ward
DeRossett Koetje Pumford Waters
Drolet Kolb Reeves Whitmer
Ehardt Kooiman Richardville Williams
Elkins LaJoy Rivet Wojno
Emmons LaSata Robertson Woodward
Farhat Law Rocca Woronchak
Farrah Lipsey Sak Zelenko
Gaffney
Nays--0
In The Chair: Julian
The question being on agreeing to the title of the bill,
Rep. Richardville moved to amend the title to read as follows:
A bill to establish the social security number privacy act in the state of Michigan; to prescribe penalties; and to provide remedies.
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.
Second Reading of Bills
Senate Bill No. 797, entitled
A bill to amend 1927 PA 175, entitled "The code of criminal procedure," by amending sections 14h and 16o of chapter XVII (MCL 777.14h and 777.16o), section 14h as amended by 2003 PA 134 and section 16o as amended by 2000 PA 389.
Was read a second time, and the question being on the adoption of the proposed substitute (H-3) previously recommended by the Committee on Criminal Justice,
The substitute (H-3) was adopted, a majority of the members serving voting therefor.
Rep. Van Regenmorter moved to amend the bill as follows:
1. Amend page 1, line 5, by striking out "445.64" and inserting "445.65".
2. Amend page 1, line 6, by striking out "445.65" and inserting "445.67".
The motion prevailed and the amendments were adopted, a majority of the members serving voting therefor.
Rep. Richardville moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
Rep. Richardville moved that 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. 797, entitled
A bill to amend 1927 PA 175, entitled "The code of criminal procedure," by amending sections 14h and 16o of chapter XVII (MCL 777.14h and 777.16o), section 14h as amended by 2003 PA 134 and section 16o as amended by 2000 PA 389.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 825 Yeas--105
Accavitti Garfield McConico Shackleton
Acciavatti Gieleghem Meisner Shaffer
Adamini Gillard Meyer Sheltrown
Amos Gleason Middaugh Shulman
Anderson Hager Milosch Smith
Bieda Hardman Minore Spade
Bisbee Hart Moolenaar Stahl
Bradstreet Hood Mortimer Stakoe
Brandenburg Hoogendyk Murphy Steil
Brown Hopgood Newell Stewart
Byrum Howell Nitz Tabor
Casperson Huizenga Nofs Taub
Caswell Hummel O'Neil Tobocman
Caul Hune Palmer Vagnozzi
Cheeks Hunter Palsrok Van Regenmorter
Clack Jamnick Pappageorge Vander Veen
Condino Johnson, Rick Pastor Voorhees
Dennis Johnson, Ruth Phillips Walker
DeRoche Julian Plakas Ward
DeRossett Koetje Pumford Waters
Drolet Kolb Reeves Whitmer
Ehardt Kooiman Richardville Williams
Elkins LaJoy Rivet Wojno
Emmons LaSata Robertson Woodward
Farhat Law Rocca Woronchak
Farrah Lipsey Sak Zelenko
Gaffney
Nays--0
In The Chair: Julian
Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows:
"An act to revise, consolidate, and codify the laws relating to criminal procedure and to define the jurisdiction, powers, and duties of courts, judges, and other officers of the court under the provisions of this act; to provide laws relative to the rights of persons accused of criminal offenses and ordinance violations; to provide for the arrest of persons charged with or suspected of criminal offenses and ordinance violations; to provide for bail of persons arrested for or accused of criminal offenses and ordinance violations; to provide for the examination of persons accused of criminal offenses; to regulate the procedure relative to grand juries, indictments, informations, and proceedings before trial; to provide for trials of persons complained of or indicted for criminal offenses and ordinance violations and to provide for the procedure in those trials; to provide for judgments and sentences of persons convicted of criminal offenses and ordinance violations; to establish a sentencing commission and to prescribe its powers and duties; to provide for procedure relating to new trials and appeals in criminal and ordinance violation cases; to provide a uniform system of probation throughout this state and the appointment of probation officers; to prescribe the powers, duties, and compensation of probation officers; to provide penalties for the violation of the duties of probation officers; to provide for procedure governing proceedings to prevent crime and proceedings for the discovery of crime; to provide for fees of officers, witnesses, and others in criminal and ordinance violation cases; to set forth miscellaneous provisions as to criminal procedure in certain cases; to provide penalties for the violation of certain provisions of this act; and to repeal all acts and parts of acts inconsistent with or contravening any of the provisions 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.
Second Reading of Bills
Senate Bill No. 798, entitled
A bill to amend 1976 PA 331, entitled "Michigan consumer protection act," by amending section 3 (MCL 445.903), as amended by 2002 PA 613.
Was read a second time, and the question being on the adoption of the proposed substitute (H-1) previously recommended by the Committee on Criminal Justice,
The substitute (H-1) was adopted, a majority of the members serving voting therefor.
Rep. Van Regenmorter moved to amend the bill as follows:
1. Amend page 7, line 3, after "section" by striking out "7" and inserting "11".
The motion prevailed and the amendment was adopted, a majority of the members serving voting therefor.
Rep. Richardville moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
Rep. Richardville moved that 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. 798, entitled
A bill to amend 1976 PA 331, entitled "Michigan consumer protection act," by amending section 3 (MCL 445.903), as amended by 2002 PA 613.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 826 Yeas--105
Accavitti Garfield McConico Shackleton
Acciavatti Gieleghem Meisner Shaffer
Adamini Gillard Meyer Sheltrown
Amos Gleason Middaugh Shulman
Anderson Hager Milosch Smith
Bieda Hardman Minore Spade
Bisbee Hart Moolenaar Stahl
Bradstreet Hood Mortimer Stakoe
Brandenburg Hoogendyk Murphy Steil
Brown Hopgood Newell Stewart
Byrum Howell Nitz Tabor
Casperson Huizenga Nofs Taub
Caswell Hummel O'Neil Tobocman
Caul Hune Palmer Vagnozzi
Cheeks Hunter Palsrok Van Regenmorter
Clack Jamnick Pappageorge Vander Veen
Condino Johnson, Rick Pastor Voorhees
Dennis Johnson, Ruth Phillips Walker
DeRoche Julian Plakas Ward
DeRossett Koetje Pumford Waters
Drolet Kolb Reeves Whitmer
Ehardt Kooiman Richardville Williams
Elkins LaJoy Rivet Wojno
Emmons LaSata Robertson Woodward
Farhat Law Rocca Woronchak
Farrah Lipsey Sak Zelenko
Gaffney
Nays--0
In The Chair: Julian
Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows:
"An act to prohibit certain methods, acts, and practices in trade or commerce; to prescribe certain powers and duties; to provide for certain remedies, damages, and penalties; to provide for the promulgation of rules; to provide for certain investigations; and to prescribe penalties,"
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.
Second Reading of Bills
Senate Bill No. 803, entitled
A bill to amend 1927 PA 175, entitled "The code of criminal procedure," by amending section 24 of chapter VII (MCL 767.24), as amended by 2002 PA 119.
Was read a second time, and the question being on the adoption of the proposed substitute (H-2) previously recommended by the Committee on Criminal Justice,
The substitute (H-2) was adopted, a majority of the members serving voting therefor.
Rep. Van Regenmorter moved to amend the bill as follows:
1. Amend page 3, line 9, after "in" by striking out "section 4 or 5" and inserting "section 5 or 7".
The motion prevailed and the amendment was adopted, a majority of the members serving voting therefor.
Rep. Richardville moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
Rep. Richardville moved that 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. 803, entitled
A bill to amend 1927 PA 175, entitled "The code of criminal procedure," by amending section 24 of chapter VII (MCL 767.24), as amended by 2002 PA 119.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 827 Yeas--105
Accavitti Garfield McConico Shackleton
Acciavatti Gieleghem Meisner Shaffer
Adamini Gillard Meyer Sheltrown
Amos Gleason Middaugh Shulman
Anderson Hager Milosch Smith
Bieda Hardman Minore Spade
Bisbee Hart Moolenaar Stahl
Bradstreet Hood Mortimer Stakoe
Brandenburg Hoogendyk Murphy Steil
Brown Hopgood Newell Stewart
Byrum Howell Nitz Tabor
Casperson Huizenga Nofs Taub
Caswell Hummel O'Neil Tobocman
Caul Hune Palmer Vagnozzi
Cheeks Hunter Palsrok Van Regenmorter
Clack Jamnick Pappageorge Vander Veen
Condino Johnson, Rick Pastor Voorhees
Dennis Johnson, Ruth Phillips Walker
DeRoche Julian Plakas Ward
DeRossett Koetje Pumford Waters
Drolet Kolb Reeves Whitmer
Ehardt Kooiman Richardville Williams
Elkins LaJoy Rivet Wojno
Emmons LaSata Robertson Woodward
Farhat Law Rocca Woronchak
Farrah Lipsey Sak Zelenko
Gaffney
Nays--0
In The Chair: Julian
Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows:
"An act to revise, consolidate, and codify the laws relating to criminal procedure and to define the jurisdiction, powers, and duties of courts, judges, and other officers of the court under the provisions of this act; to provide laws relative to the rights of persons accused of criminal offenses and ordinance violations; to provide for the arrest of persons charged with or suspected of criminal offenses and ordinance violations; to provide for bail of persons arrested for or accused of criminal offenses and ordinance violations; to provide for the examination of persons accused of criminal offenses; to regulate the procedure relative to grand juries, indictments, informations, and proceedings before trial; to provide for trials of persons complained of or indicted for criminal offenses and ordinance violations and to provide for the procedure in those trials; to provide for judgments and sentences of persons convicted of criminal offenses and ordinance violations; to establish a sentencing commission and to prescribe its powers and duties; to provide for procedure relating to new trials and appeals in criminal and ordinance violation cases; to provide a uniform system of probation throughout this state and the appointment of probation officers; to prescribe the powers, duties, and compensation of probation officers; to provide penalties for the violation of the duties of probation officers; to provide for procedure governing proceedings to prevent crime and proceedings for the discovery of crime; to provide for fees of officers, witnesses, and others in criminal and ordinance violation cases; to set forth miscellaneous provisions as to criminal procedure in certain cases; to provide penalties for the violation of certain provisions of this act; and to repeal all acts and parts of acts inconsistent with or contravening any of the provisions 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.
Second Reading of Bills
House Bill No. 5537, entitled
A bill to amend 1978 PA 368, entitled "Public health code," (MCL 333.1101 to 333.25211) by adding section 21735.
Was read a second time, and the question being on the adoption of the proposed substitute (H-2) previously recommended by the Committee on Senior Health, Security and Retirement,
The substitute (H-2) was not adopted, a majority of the members serving not voting therefor.
Rep. Woronchak moved to substitute (H-4) the bill.
The motion prevailed and the substitute (H-4) was adopted, a majority of the members serving voting therefor.
Rep. Woronchak moved to amend the bill as follows:
1. Amend page 2, line 11, after "there" by striking out "is" and inserting "are".
2. Amend page 4, line 22, after "(2)." by striking out the balance of the line through "program" on line 23 and inserting "Except as otherwise provided under this subsection, if funds are appropriated by the legislature for the air conditioning grant program, the department".
The motion prevailed and the amendments were adopted, a majority of the members serving voting therefor.
Rep. Caul moved to amend the bill as follows:
1. Amend page 1, line 9, after "under" by striking out the balance of the line through "(4)" on line 10 and inserting "subsection (3), (4), or (7)".
2. Amend page 4, line 26, by striking out all of line 26 through "repaired" on line 27 and inserting "the projected costs of replacing, updating, or repairing its heating and cooling system".
3. Amend page 5, line 7, after "2004." by inserting "If funds are not appropriated by the legislature for the air conditioning grant program or if the funds are insufficient, the department is not obligated in any way to make grants to nursing homes under the air conditioning grant program. A nursing home is exempt from the requirements of subsection (2) until full funding is available and granted to that nursing home under the air conditioning grant program.".
The motion prevailed and the amendments were adopted, a majority of the members serving voting therefor.
Rep. Woronchak 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. 5537, entitled
A bill to amend 1978 PA 368, entitled "Public health code," (MCL 333.1101 to 333.25211) by adding section 21735.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 828 Yeas--92
Accavitti Gieleghem Meisner Shackleton
Acciavatti Gillard Middaugh Shaffer
Adamini Gleason Milosch Sheltrown
Amos Hager Minore Shulman
Anderson Hardman Moolenaar Smith
Bieda Hart Mortimer Spade
Bisbee Hood Murphy Stahl
Bradstreet Hopgood Newell Stakoe
Brown Howell Nitz Steil
Byrum Huizenga Nofs Stewart
Casperson Hune O'Neil Tobocman
Caul Hunter Palsrok Vagnozzi
Cheeks Johnson, Rick Pappageorge Van Regenmorter
Clack Johnson, Ruth Pastor Vander Veen
Condino Julian Phillips Voorhees
Dennis Koetje Plakas Ward
DeRossett Kolb Pumford Waters
Ehardt Kooiman Reeves Whitmer
Elkins LaJoy Richardville Williams
Emmons LaSata Rivet Wojno
Farhat Law Robertson Woodward
Farrah Lipsey Rocca Woronchak
Gaffney McConico Sak Zelenko
Nays--13
Brandenburg Garfield Jamnick Tabor
Caswell Hoogendyk Meyer Taub
DeRoche Hummel Palmer Walker
Drolet
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 to reconsider the vote by which the House passed the bill.
The motion prevailed, 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. 829 Yeas--97
Accavitti Gieleghem Meisner Shackleton
Acciavatti Gillard Meyer Shaffer
Adamini Gleason Middaugh Sheltrown
Amos Hager Milosch Shulman
Anderson Hardman Minore Smith
Bieda Hart Moolenaar Spade
Bisbee Hood Mortimer Stahl
Bradstreet Hopgood Murphy Stakoe
Brandenburg Howell Newell Steil
Brown Huizenga Nitz Stewart
Byrum Hummel Nofs Tobocman
Casperson Hune O'Neil Vagnozzi
Caswell Hunter Palsrok Van Regenmorter
Caul Johnson, Rick Pappageorge Vander Veen
Cheeks Johnson, Ruth Pastor Voorhees
Clack Julian Phillips Walker
Condino Koetje Plakas Ward
Dennis Kolb Pumford Waters
DeRossett Kooiman Reeves Whitmer
Ehardt LaJoy Richardville Williams
Elkins LaSata Rivet Wojno
Emmons Law Robertson Woodward
Farhat Lipsey Rocca Woronchak
Farrah McConico Sak Zelenko
Gaffney
Nays--8
DeRoche Garfield Jamnick Tabor
Drolet Hoogendyk Palmer Taub
In The Chair: Julian
Reps. Hardman, Anderson, Stewart, Rocca, Zelenko, Kolb, DeRossett, Richardville, Lipsey, Murphy, Hart, Caul, Pumford, Ruth Johnson, Gaffney, Bieda, Meisner, Condino, Accavitti, Hune, Gleason, Milosch, Nofs, Ward, Byrum, Sak, Elkins, Moolenaar, Gillard and Mortimer were named co-sponsors of the bill.
By unanimous consent the House returned to the order of
Messages from the Senate
House Bill No. 4766, entitled
A bill to amend 1978 PA 368, entitled "Public health code," (MCL 333.1101 to 333.25211) by adding sections 21435 and 21735.
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 provide for the levy of taxes against certain health facilities or agencies; 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 provide for an appropriation and supplements; 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 sections 21335 and 21735.
The Speaker announced that pursuant to Rule 45, the bill was laid over one day.
Rep. Richardville moved that Rule 45 be suspended.
The motion prevailed, 3/5 of the members present voting therefor.
The question being on concurring in the substitute (S-2) made to the bill by the Senate,
Rep. Pastor moved that consideration of the bill be postponed temporarily.
The motion prevailed.
The Speaker laid before the House
House Bill No. 5527, entitled
A bill to make, supplement, and adjust appropriations for various state departments and agencies, capital outlay, and the judicial branch for the fiscal year ending September 30, 2005; and to provide for the expenditure of the appropriations.
(The bill was received from the Senate on September 22, with substitute (S-1), title amendment and immediate effect given by the Senate, consideration of which, under the rules, was postponed until September 29, rule suspended, amended and bill postponed temporarily, see House Journal No. 82, p. 2259.)
The question being on concurring in the substitute (S-1) made to the bill by the Senate,
Rep. Richardville moved to reconsider the vote by which the House adopted the amendment offered previously by Rep. Shackleton.
The motion prevailed, a majority of the members present voting therefor.
Rep. Shackleton moved to amend the Senate substitute (S-1) as follows:
1. Amend page 8, line 18, by striking out all of section 302.
The question being on the adoption of the amendment offered previously by Rep. Shackleton,
Rep. Shackleton withdrew the amendment.
The question being on concurring in the substitute (S-1) made to the bill by the Senate,
Rep. Caul moved to amend the Senate substitute (S-1) as follows:
1. Amend page 9, following line 4, enacting section 1, after "1." by inserting "The following sections are repealed:
(a)".
2. Amend page 9, following line 4, enacting section 1, after "the" by striking out "93rd Legislature is repealed." and inserting "92nd Legislature.
(b) Section 452 of 2003 PA 237.".
The motion prevailed and the amendments were 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,
Rep. Shulman moved to amend the Senate substitute (S-1) as follows:
1. Amend page 1, line 5, by striking out all of line 5 and inserting "year ending September 30, 2004 from the".
The motion prevailed and the amendment 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,
Rep. Kooiman moved to amend the Senate substitute (S-1) as follows:
1. Amend page 9, following line 4, following section 351, by inserting:
"FAMILY INDEPENDENCE AGENCY
Sec. 401. It is the intent of the legislature that the administration's proposal for the Adrian training school be implemented, except that the W.J. Maxey training school Sequoyah center shall be closed and residents at the Sequoyah center and the male residents at the Adrian training school shall be relocated to alternative public or private facilities or community settings, unless a formal solicitation of bids, in accordance with the Management and Budget Act, 1984 PA 431, from all Michigan private providers of juvenile justice residential services reveals that there is insufficient private sector capacity to comply with this section. The department shall notify the legislature at least 30days before closing or making any change in the status of a state juvenile justice facility.".
2. Amend page 9, following line 4, following enacting section 1, by inserting:
"Enacting section 2. Section 719 of Enrolled House Bill No. 5516 of the 92nd Legislature is repealed.".
The motion prevailed and the amendments were 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,
Rep. Taub moved to amend the Senate substitute (S-1) as follows:
1. Amend page 5, following line 3, following Section 152, by inserting:
"SEC. 155. DEPARTMENT OF TREASURY
(1) APPROPRIATION SUMMARY
GROSS APPROPRIATION $ 1,075,000
Interdepartmental grant revenues:
Total interdepartmental grants and intradepartmental transfers 0
ADJUSTED GROSS APPROPRIATION $ 1,075,000
Federal revenues:
Total federal revenues 0
Special revenue funds:
Total local revenues 0
Total private revenues 0
Total other state restricted revenues 1,075,000
State general fund/general purpose $ 0
(2) GRANTS
State sports tourism $ 1,075,000
GROSS APPROPRIATION $ 1,075,000
Appropriated from:
Special revenue funds:
Convention facility development fund 1,075,000
State general fund/general purpose $ 0"
and adjusting the subtotals, totals, and section 201 accordingly.
2. Amend page 9, following line 4, following Section 351, by inserting:
"Sec. 500. The unexpended funds appropriated in part 1A to the department of treasury for state sports tourism shall not lapse at the end of the fiscal year and shall be carried over into the succeeding fiscal year and made available for expenditure.".
The motion prevailed and the amendments were 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,
______
Rep. Waters moved that Rep. Hopgood be excused temporarily from today's session.
The motion prevailed.
Rep. Shackleton moved to amend the Senate substitute (S-1) as follows:
1. Amend page 8, line 18, by striking out all of section 302.
The question being on the adoption of the amendment offered by Rep. Shackleton,
Rep. Shackleton demanded the yeas and nays.
The demand was supported.
The question being on the adoption of the amendment offered by Rep. Shackleton,
Rep. Richardville moved that consideration of the bill be postponed temporarily.
The motion prevailed.
______
Rep. Waters moved that Reps. Byrum and Rivet be excused temporarily from today's session.
The motion prevailed.
Second Reading of Bills
House Bill No. 5630, entitled
A bill to amend 1974 PA 258, entitled "Mental health code," by amending sections 212 and 216 (MCL 330.1212 and 330.1216), as amended by 1995 PA 290.
The bill was read a second time.
Rep. O'Neil moved to amend the bill as follows:
1. Amend page 2, following line 13, by inserting:
"Enacting section 1. This amendatory act does not take effect unless all of the following bills of the 92nd Legislature are enacted into law:
(a) Senate Bill No. 591.
(b) Senate Bill No. 1076.
(c) Senate Bill No. 1079.".
The question being on the adoption of the amendment offered by Rep. O'Neil,
Rep. O'Neil demanded the yeas and nays.
The demand was supported.
The question being on the adoption of the amendment offered by Rep. O'Neil,
The amendment was not adopted, a majority of the members serving not voting therefor, by yeas and nays, as follows:
Roll Call No. 830 Yeas--41
Accavitti Emmons LaJoy Pumford
Anderson Farhat LaSata Richardville
Bieda Farrah Law Sak
Bradstreet Garfield Meisner Shulman
Brandenburg Gillard Middaugh Stewart
Caswell Gleason Minore Tabor
Condino Hart Moolenaar Vagnozzi
Dennis Hoogendyk O'Neil Voorhees
DeRoche Hummel Pastor Wojno
DeRossett Jamnick Plakas Woronchak
Drolet
Nays--55
Acciavatti Hood Mortimer Spade
Adamini Howell Newell Stahl
Amos Hune Nitz Stakoe
Bisbee Hunter Nofs Steil
Brown Johnson, Rick Palmer Taub
Casperson Johnson, Ruth Palsrok Tobocman
Caul Julian Pappageorge Van Regenmorter
Cheeks Koetje Phillips Vander Veen
Clack Kolb Reeves Walker
Ehardt Kooiman Robertson Ward
Elkins Lipsey Shackleton Waters
Gaffney McConico Shaffer Woodward
Gieleghem Meyer Sheltrown Zelenko
Hager Milosch Smith
In The Chair: Julian
Rep. O'Neil 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. 5630, entitled
A bill to amend 1974 PA 258, entitled "Mental health code," by amending sections 212 and 216 (MCL 330.1212 and 330.1216), as amended by 1995 PA 290.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 831 Yeas--71
Accavitti Farrah Law Sak
Acciavatti Gaffney Meyer Shackleton
Adamini Garfield Middaugh Shaffer
Amos Gleason Milosch Shulman
Anderson Hager Minore Stahl
Bradstreet Hardman Moolenaar Stakoe
Brandenburg Hart Mortimer Steil
Casperson Howell Newell Stewart
Caswell Huizenga Nitz Tabor
Caul Hummel Nofs Taub
Condino Hune O'Neil Vagnozzi
Dennis Johnson, Rick Palmer Van Regenmorter
DeRoche Johnson, Ruth Pappageorge Vander Veen
DeRossett Julian Pastor Voorhees
Drolet Koetje Plakas Walker
Ehardt Kooiman Pumford Ward
Emmons LaJoy Richardville Woronchak
Farhat LaSata Robertson
Nays--28
Bieda Gieleghem Meisner Tobocman
Bisbee Gillard Murphy Waters
Brown Hoogendyk Palsrok Whitmer
Byrum Hunter Phillips Williams
Cheeks Kolb Reeves Wojno
Clack Lipsey Sheltrown Woodward
Elkins McConico Spade Zelenko
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.
Second Reading of Bills
Senate Bill No. 591, entitled
A bill to amend 1939 PA 280, entitled "The social welfare act," (MCL 400.1 to 400.119b) by adding section 109h.
The bill was read a second time.
Rep. Ehardt moved to substitute (H-4) the bill.
The motion prevailed and the substitute (H-4) was adopted, a majority of the members serving voting therefor.
Rep. O'Neil moved to amend the bill as follows:
1. Amend page 1, line 1, after "109i." by inserting "(1)".
2. Amend page 1, following line 8, by inserting:
"(2) A relative of the city's chief executive officer or the county's chief executive officer is not eligible for appointment to a community mental health services board of a community mental health services program described in subsection (1).".
The motion prevailed and the amendments were adopted, a majority of the members serving voting therefor.
Rep. Richardville moved to reconsider the vote by which the House adopted the amendments.
The motion prevailed, a majority of the members present voting therefor.
The question being on the adoption of the amendments offered previously by Rep. O'Neil,
The amendments were not adopted, a majority of the members serving not voting therefor.
Rep. O'Neil moved to amend the bill as follows:
1. Amend page 1, following line 8, by inserting:
"Enacting section 1. This amendatory act does not take effect unless House Bill No. 5630 of the 92nd Legislature is enacted into law.".
The question being on the adoption of the amendment offered by Rep. O'Neil,
Rep. O'Neil demanded the yeas and nays.
The demand was supported.
The question being on the adoption of the amendment offered by Rep. O'Neil,
The amendment was not adopted, a majority of the members serving not voting therefor, by yeas and nays, as follows:
Roll Call No. 832 Yeas--50
Accavitti Drolet Johnson, Ruth Sak
Acciavatti Emmons Kooiman Shulman
Adamini Farhat LaJoy Stahl
Anderson Farrah LaSata Stewart
Bieda Gaffney Law Tabor
Brandenburg Garfield Meisner Vagnozzi
Brown Gillard Middaugh Van Regenmorter
Byrum Gleason Palmer Vander Veen
Casperson Hager Pastor Voorhees
Caul Hart Plakas Walker
Dennis Huizenga Richardville Wojno
DeRoche Hummel Rocca Woronchak
DeRossett Hune
Nays--45
Amos Jamnick Murphy Sheltrown
Bisbee Johnson, Rick Nitz Spade
Caswell Julian Nofs Stakoe
Cheeks Koetje Palsrok Steil
Clack Kolb Pappageorge Taub
Condino Lipsey Phillips Tobocman
Ehardt McConico Pumford Ward
Elkins Meyer Reeves Waters
Gieleghem Milosch Robertson Williams
Hoogendyk Moolenaar Shackleton Woodward
Howell Mortimer Shaffer Zelenko
Hunter
In The Chair: Julian
Rep. Garfield moved to reconsider the vote by which the House did not adopt the amendment.
The motion did not prevail, a majority of the members present not voting therefor.
Rep. Richardville moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
Rep. Richardville moved that 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. 591, entitled
A bill to amend 1939 PA 280, entitled "The social welfare act," (MCL 400.1 to 400.119b) by adding section 109h.
The bill was read a third time.
The question being on the passage of the bill,
Rep. Ehardt moved that consideration of the bill be postponed temporarily.
The motion prevailed.
By unanimous consent the House returned to the order of
Messages from the Senate
The House returned to the consideration of
House Bill No. 4766, entitled
A bill to amend 1978 PA 368, entitled "Public health code," (MCL 333.1101 to 333.25211) by adding sections 21435 and 21735.
(The bill was considered earlier today, see today's Journal, p. 2328.)
The question being on concurring in the substitute (S-2) made to the bill by the Senate,
Rep. Pastor moved to amend the Senate substitute (S-2) as follows:
1. Amend page 2, line 16, after "site." by inserting "Until a home for the aged undergoes any major building modification as provided under subsection (2), a home for the aged that is exempt from compliance under subsection (2) shall file with the department a copy of the home for the aged's written policies and procedures and existing plans or agreements for emergency situations, including in the event of an interruption of the normal electrical supply.".
The motion prevailed and the amendment was adopted, a majority of the members serving voting therefor.
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. 833 Yeas--103
Accavitti Garfield Meisner Shaffer
Acciavatti Gieleghem Meyer Sheltrown
Adamini Gillard Middaugh Shulman
Amos Gleason Milosch Smith
Anderson Hager Minore Spade
Bieda Hardman Moolenaar Stahl
Bisbee Hart Mortimer Stakoe
Bradstreet Hood Murphy Steil
Brandenburg Hoogendyk Newell Stewart
Brown Howell Nitz Tabor
Byrum Huizenga Nofs Taub
Casperson Hummel O'Neil Tobocman
Caswell Hune Palmer Vagnozzi
Caul Hunter Palsrok Van Regenmorter
Cheeks Jamnick Pappageorge Vander Veen
Clack Johnson, Rick Pastor Voorhees
Condino Johnson, Ruth Phillips Walker
Dennis Julian Plakas Ward
DeRoche Koetje Pumford Waters
DeRossett Kolb Reeves Whitmer
Ehardt Kooiman Richardville Williams
Elkins LaJoy Rivet Wojno
Emmons LaSata Robertson Woodward
Farhat Law Rocca Woronchak
Farrah Lipsey Sak Zelenko
Gaffney McConico Shackleton
Nays--1
Drolet
In The Chair: Julian
The House agreed to the title as amended.
The Speaker laid before the House
House Bill No. 5118, entitled
A bill to amend 1978 PA 368, entitled "Public health code," (MCL 333.1101 to 333.25211) by adding section 5474a; and to repeal acts and parts of acts.
(The bill was received from the Senate on September 15, with substitute (S-3), title amendment and immediate effect given by the Senate, consideration of which, under the rules, was postponed until September 22, see House Journal No.81, p. 2215.)
The question being on concurring in the substitute (S-3) made to the bill by the Senate,
Rep. Kolb moved to amend the Senate substitute (S-3) as follows:
1. Amend page 2, line 26, after "governor" by striking out the balance of the line through "governor" on line 27.
The motion prevailed and the amendment was adopted, a majority of the members serving voting therefor.
The question being on concurring in the substitute (S-3) made to the bill by the Senate,
The substitute (S-3), as amended, was concurred in, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 834 Yeas--86
Accavitti Gieleghem Meyer Sheltrown
Acciavatti Gillard Minore Shulman
Adamini Gleason Moolenaar Smith
Amos Hardman Mortimer Spade
Anderson Hart Murphy Stahl
Bieda Hood Newell Stakoe
Brandenburg Howell Nitz Steil
Brown Huizenga Nofs Stewart
Byrum Hune O'Neil Taub
Casperson Hunter Palsrok Tobocman
Caswell Jamnick Pappageorge Vagnozzi
Caul Johnson, Rick Phillips Van Regenmorter
Cheeks Julian Plakas Vander Veen
Clack Koetje Pumford Walker
Condino Kolb Reeves Ward
Dennis Kooiman Richardville Waters
DeRossett LaJoy Rivet Whitmer
Elkins LaSata Robertson Williams
Emmons Law Rocca Wojno
Farhat Lipsey Sak Woodward
Farrah McConico Shaffer Zelenko
Gaffney Meisner
Nays--13
Bisbee Garfield Middaugh Pastor
Bradstreet Hoogendyk Milosch Tabor
DeRoche Hummel Palmer Voorhees
Drolet
In The Chair: Julian
The House agreed to the title as amended.
House Bill No. 5121, entitled
A bill to amend 1976 PA 451, entitled "The revised school code," (MCL 380.1 to 380.1852) by adding section 1240.
The Senate has substituted (S-4) the bill.
The Senate has passed the bill as substituted (S-4), ordered that it be given immediate effect and amended the title to read as follows:
A bill to amend 1976 PA 451, entitled "An act to provide a system of public instruction and elementary and secondary schools; to revise, consolidate, and clarify the laws relating to elementary and secondary education; to provide for the organization, regulation, and maintenance of schools, school districts, public school academies, intermediate school districts, and other public school entities; to prescribe rights, powers, duties, and privileges of schools, school districts, public school academies, intermediate school districts, and other public school entities; to provide for the regulation of school teachers and certain other school employees; to provide for school elections and to prescribe powers and duties with respect thereto; to provide for the levy and collection of taxes; to provide for the borrowing of money and issuance of bonds and other evidences of indebtedness; to establish a fund and provide for expenditures from that fund; to provide for and prescribe the powers and duties of certain state departments, the state board of education, and certain other boards and officials; to provide for licensure of boarding schools; to prescribe penalties; and to repeal acts and parts of acts," (MCL 380.1 to 380.1852) by adding section 1240; and to repeal acts and parts of acts.
The Speaker announced that pursuant to Rule 45, the bill was laid over one day.
Rep. Richardville moved that Rule 45 be suspended.
The motion prevailed, 3/5 of the members present voting therefor.
The question being on concurring in the substitute (S-4) made to the bill by the Senate,
Rep. Waters moved to amend the Senate substitute (S-4) as follows:
1. Amend page 1, following "THE PEOPLE OF THE STATE OF MICHIGAN ENACT:" by inserting:
"Sec. 420. (1) This section applies to a first class school district only if the question under section 410 is approved in the first class school district.
(2) The school board of a first class school district shall appoint a chief executive officer under this section. The initial chief executive officer shall be appointed not later than 30 days after the school board takes office under section412, with the appointment of the initial chief executive officer to take effect at the beginning of the next school fiscal year. All of the following apply to appointment and employment of a chief executive officer under this section:
(a) The chief executive officer shall be employed by the school district according to an employment contract entered into with the school board. The term of the contract shall not exceed 4 years and may be renewed.
(b) The mayor shall submit to the school board the name of 1 nominee for the position of chief executive officer. The school board shall approve or disapprove of the nominee. Approval of the nominee shall be by majority vote of the school board. Upon approval by the school board, the nominee is appointed as chief executive officer. If the school board does not approve the nominee, the mayor shall submit to the school board the name of a new nominee.
(c) Appointment of a chief executive officer under this section is subject to section 421.
(d) A chief executive officer may be removed from office either by the mayor or by a majority vote of the members serving on the school board with the approval of the mayor. However, a chief executive officer may be removed only for good cause.
(3) Beginning on the next January 1 occurring at least 1 year after the question under section 410 is presented to the school electors of the first class school district, and until the appointment of an initial chief executive officer for a first class school district takes effect under this section, the person who was serving as chief executive officer of the school district under part 5a immediately before the school board takes office under section 412 shall act as the interim chief executive officer of the first class school district under this part. All provisions of this act that would otherwise apply to the chief executive officer of the first class school district apply to the interim chief executive officer, and he or she may exercise all the powers and duties otherwise vested by law in the chief executive officer of the first class school district until a permanent chief executive officer is appointed for the school district under this section.
(4) Upon appointment of a chief executive officer for a first class school district under this section, except for the school board's powers under subsection (11), the chief executive officer immediately may exercise all the powers and duties vested by law in the chief executive officer or the school board under this act and all additional powers and duties provided under this part; and the chief executive officer accedes to all the rights, duties, and obligations of an elected school board of a first class school district. Subject to section 421, these powers, rights, duties, and obligations include, but are not limited to, all of the following:
(a) Authority over the expenditure of all school district funds, including proceeds from bonded indebtedness and other funds dedicated to capital projects. However, the chief executive officer shall submit an annual budget and annual procurement goals to the school board for approval as provided under subsection (11)(b).
(b) Rights and obligations under collective bargaining agreements and employment contracts entered into by the previous school board or by a previous chief executive officer.
(c) Rights to prosecute and defend litigation.
(d) Obligations under any judgments entered against the school district.
(e) Rights and obligations under statute, rule, and common law.
(f) Authority to delegate any of the chief executive officer's powers and duties to 1 or more designees.
(g) All other rights, duties, and obligations provided under this part for the chief executive officer or provided under this act or other state law for a school board except for those school board powers listed in subsection (11).
(5) In addition to his or her other powers, the chief executive officer appointed under this part may terminate any contract entered into by a previous school board or chief executive officer of the school district except for a collective bargaining agreement. However, this subsection does not allow any termination or diminishment of obligations to pay debt service on legally authorized bonds. A contract terminated by a chief executive officer under this subsection is void.
(6) Upon appointment of a chief executive officer for a first class school district under this section, each employee of the qualifying school district whose position is not covered by a collective bargaining agreement is employed at the will of the chief executive officer.
(7) The chief executive officer shall appoint for the first class school district a chief financial officer, chief academic officer, chief operations officer, and chief purchasing officer. Appointment of a chief financial officer under this section is subject to section 421. These officers are employed at the will of the chief executive officer.
(8) Not later than 90 days after the initial appointment of a chief executive officer under this section, and at least annually thereafter, the chief executive officer shall develop and submit to the mayor, school board, and department a school district improvement plan that includes at least detailed academic, financial, capital, and operational goals and benchmarks for improvement and a description of strategies to be used to accomplish those goals and benchmarks. The plan also shall include an assessment of available resources and recommendations concerning additional resources or changes in statute or rule, if any, needed to meet those goals and benchmarks. The plan also shall include an evaluation of local school governance issues, including criteria for establishing building-level governance.
(9) The chief executive officer shall submit an annual report to the mayor, school board, governor, and legislature and shall make the annual report available to the community in the first class school district. The annual report shall contain at least all of the following:
(a) A summary of the initiatives that have been implemented to improve school quality in the first class school district.
(b) Measurements that may be useful in determining improvements in school quality in the first class school district. These measurements shall indicate changes from baseline data from the school year before the appointment of the chief executive officer, and shall include at least all of the following:
(i) Standardized test scores of pupils.
(ii) Dropout rates.
(iii) Daily attendance figures.
(iv) Enrollment figures.
(v) High school completion and other pertinent completion rates.
(vi) Changes made in course offerings.
(vii) Proportion of school district resources devoted to direct educational services.
(c) A description of long-term performance goals that may include statewide averages or comparable measures of long-term improvement.
(10) The chief executive officer shall submit a monthly report, which shall be a public record, to the school board of the first class school district and shall make the monthly report available to the community in the first class school district. The monthly report shall contain at least all of the following:
(a) A summary of the initiatives that have been implemented to improve school quality in the first class school district.
(b) Daily attendance figures.
(c) A description of steps taken to implement the chief executive officer's school district improvement plan.
(d) A description of the progress made toward achieving the goals and benchmarks set forth in the chief executive officer's school district improvement plan.
(e) A description of progress made toward achieving the long-term performance goals set forth in the annual report under subsection (9).
(f) A copy of any and all completed financial audits authorized by the school district.
(11) The school board of a first class school district shall do all of the following:
(a) Monitor pupil performance.
(b) During June of each year, receive, review, and approve the annual budget and procurement goals submitted by the chief executive officer, including approval of the annual appropriation total for the school district's general operating fund and the general fund expenditure budget total for each of the following functions, as the functions are defined by the department in Bulletin 1022:
(i) Instructions.
(ii) Pupil support services.
(iii) Instructional staff support services.
(iv) School administration.
(v) Business support services.
(vi) Operations and maintenance.
(vii) Pupil transportation services.
(viii) Central support services.
(ix) Community services.
(c) ReviewApprove all contracts totaling over $250,000.00$50,000.00 that are entered into by the chief executive officer.
(d) Not later than August 31 of each year, provide to the mayor an annual evaluation of the performance of the chief executive officer and make this annual performance evaluation available to the public. To assist in this function, the school board may contract with an independent auditor to conduct a performance and financial audit of the activities of the chief executive officer. If the school board contracts for such an audit, the school board shall review the audit results before preparing the annual performance evaluation.
(e) Form committees as the board considers necessary or desirable to fulfill its functions.
(f) Organize and establish community assistance teams to work with the school board to implement a cohesive, full service community school program addressing the needs and concerns of the school district's population. The school board may delegate to a community assistance team the authority to devise and implement family, community, cultural, and recreational activities to promote the academic mission of the schools. The community assistance teams may also develop parental involvement activities that focus on the encouragement of voluntary parenting education, enhancing parent and family involvement in education, and promoting adult and family literacy.
(12) As used in this section and section 421, "mayor" means the mayor of the city with the greatest population as of the most recent decennial census located within the boundaries of a first class school district.".
The question being on the adoption of the amendment offered by Rep. Waters,
Rep. Waters demanded the yeas and nays.
The demand was supported.
The question being on the adoption of the amendment offered by Rep. Waters,
Point of Order
Rep. Richardville requested a ruling from the Chair regarding the germaneness of the amendment offered by Rep.Waters.
The Chair ruled that the amendment is not germane pursuant to House Rule 64.
Rep. Waters appealed the decision of the Chair.
The question being, "Shall the judgment of the Chair stand as the judgment of the House?"
The judgment of the Chair stood as the judgment of the House, a majority of the members present voting therefor, by yeas and nays, as follows:
Roll Call No. 835 Yeas--60
Acciavatti Garfield Meyer Shackleton
Amos Hager Middaugh Shaffer
Bisbee Hart Milosch Shulman
Bradstreet Hoogendyk Moolenaar Stahl
Brandenburg Howell Newell Stakoe
Casperson Huizenga Nitz Steil
Caswell Hummel Nofs Stewart
Caul Hune Palmer Tabor
DeRoche Johnson, Rick Palsrok Taub
DeRossett Johnson, Ruth Pappageorge Van Regenmorter
Drolet Julian Pastor Vander Veen
Ehardt Koetje Pumford Voorhees
Emmons Kooiman Richardville Walker
Farhat LaJoy Robertson Ward
Gaffney LaSata Rocca Woronchak
Nays--41
Accavitti Gieleghem Meisner Smith
Adamini Gillard Minore Spade
Anderson Gleason Murphy Tobocman
Bieda Hardman O'Neil Vagnozzi
Brown Hood Phillips Waters
Byrum Hunter Plakas Whitmer
Clack Jamnick Reeves Williams
Condino Kolb Rivet Wojno
Dennis Law Sak Woodward
Elkins McConico Sheltrown Zelenko
Farrah
In The Chair: Julian
The question being on concurring in the substitute (S-4) made to the bill by the Senate,
The substitute (S-4) was concurred in, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 836 Yeas--104
Accavitti Gaffney McConico Shackleton
Acciavatti Garfield Meisner Shaffer
Adamini Gieleghem Meyer Sheltrown
Amos Gillard Middaugh Shulman
Anderson Gleason Milosch Smith
Bieda Hager Minore Spade
Bisbee Hardman Moolenaar Stahl
Bradstreet Hart Mortimer Stakoe
Brandenburg Hood Murphy Steil
Brown Hoogendyk Newell Stewart
Byrum Howell Nitz Tabor
Casperson Huizenga Nofs Taub
Caswell Hummel O'Neil Tobocman
Caul Hune Palmer Vagnozzi
Cheeks Hunter Palsrok Van Regenmorter
Clack Jamnick Pappageorge Vander Veen
Condino Johnson, Rick Pastor Voorhees
Dennis Johnson, Ruth Phillips Walker
DeRoche Julian Plakas Ward
DeRossett Koetje Pumford Waters
Drolet Kolb Reeves Whitmer
Ehardt Kooiman Richardville Williams
Elkins LaJoy Rivet Wojno
Emmons LaSata Robertson Woodward
Farhat Law Rocca Woronchak
Farrah Lipsey Sak Zelenko
Nays--0
In The Chair: Julian
The House agreed to the title as amended.
The bill was referred to the Clerk for enrollment printing and presentation to the Governor.
The House returned to the consideration of
House Bill No. 5527, entitled
A bill to make, supplement, and adjust appropriations for various state departments and agencies, capital outlay, and the judicial branch for the fiscal year ending September 30, 2005; and to provide for the expenditure of the appropriations.
(The bill was considered earlier today, see today's Journal, p. 2329.)
The question being on the adoption of the amendment offered previously by Rep. Shackleton,
Rep. Shackleton demanded the yeas and nays.
The demand was supported.
The question being on the adoption of the amendment offered previously by Rep. Shackleton,
Rep. Shackleton withdrew the amendment.
The question being on concurring in the substitute (S-1) made to the bill by the Senate,
The substitute (S-1), as amended, was concurred in, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 837 Yeas--100
Accavitti Gaffney McConico Shaffer
Acciavatti Gieleghem Meisner Sheltrown
Adamini Gillard Meyer Shulman
Amos Gleason Middaugh Smith
Anderson Hager Milosch Spade
Bieda Hardman Moolenaar Stahl
Bisbee Hart Mortimer Stakoe
Bradstreet Hood Murphy Steil
Brandenburg Hoogendyk Newell Stewart
Brown Howell Nitz Tabor
Byrum Huizenga Nofs Taub
Casperson Hummel O'Neil Tobocman
Caswell Hune Palmer Vagnozzi
Caul Hunter Palsrok Van Regenmorter
Cheeks Jamnick Pappageorge Vander Veen
Clack Johnson, Rick Pastor Voorhees
Condino Johnson, Ruth Phillips Walker
Dennis Julian Plakas Ward
DeRoche Koetje Pumford Waters
Drolet Kolb Reeves Whitmer
Ehardt Kooiman Richardville Williams
Elkins LaJoy Rivet Wojno
Emmons LaSata Robertson Woodward
Farhat Law Rocca Woronchak
Farrah Lipsey Sak Zelenko
Nays--1
Garfield
In The Chair: Julian
The House agreed to the title as amended.
House Bill No. 5432, entitled
A bill to amend 1980 PA 299, entitled "Occupational code," by amending section 411 (MCL 339.411), as amended by 2002 PA 611.
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 amended the title to read as follows:
A bill to amend 1980 PA 299, entitled "An act to revise, consolidate, and classify the laws of this state regarding the regulation of certain occupations; to create a board for each of those occupations; to establish the powers and duties of certain departments and agencies and the boards of each occupation; to provide for the promulgation of rules; to provide for certain fees; to provide for penalties and civil fines; to establish rights, relationships, and remedies of certain persons under certain circumstances; to repeal certain parts of this act on a specific date; and to repeal certain acts and parts of acts," by amending section 411 (MCL 339.411), as amended by 2004 PA 264.
The Speaker announced that pursuant to Rule 45, the bill was laid over one day.
Rep. Richardville moved that Rule 45 be suspended.
The motion prevailed, 3/5 of the members present voting therefor.
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. 838 Yeas--100
Accavitti Garfield McConico Shaffer
Acciavatti Gieleghem Meisner Sheltrown
Adamini Gillard Meyer Shulman
Amos Gleason Middaugh Smith
Anderson Hager Milosch Spade
Bieda Hardman Minore Stahl
Bisbee Hart Moolenaar Stakoe
Bradstreet Hood Mortimer Steil
Brandenburg Hoogendyk Murphy Stewart
Brown Howell Newell Tabor
Byrum Huizenga Nitz Taub
Casperson Hummel Nofs Tobocman
Caswell Hune O'Neil Vagnozzi
Caul Hunter Palmer Van Regenmorter
Cheeks Jamnick Palsrok Vander Veen
Clack Johnson, Rick Pappageorge Voorhees
Condino Johnson, Ruth Pastor Walker
Dennis Julian Phillips Ward
Drolet Koetje Plakas Waters
Ehardt Kolb Pumford Whitmer
Elkins Kooiman Richardville Williams
Emmons LaJoy Robertson Wojno
Farhat LaSata Rocca Woodward
Farrah Law Sak Woronchak
Gaffney Lipsey Shackleton Zelenko
Nays--0
In The Chair: Julian
The House agreed to the title as amended.
The bill was referred to the Clerk for enrollment printing and presentation to the Governor.
House Bill No. 5953, entitled
A bill to amend 1967 PA 281, entitled "Income tax act of 1967," (MCL 206.1 to 206.532) by adding section 438.
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.
Rep. Richardville moved that Rule 45 be suspended.
The motion prevailed, 3/5 of the members present voting therefor.
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. 839 Yeas--99
Accavitti Gaffney Lipsey Shackleton
Acciavatti Garfield McConico Shaffer
Adamini Gieleghem Meisner Sheltrown
Amos Gillard Meyer Shulman
Anderson Gleason Middaugh Smith
Bieda Hager Milosch Spade
Bisbee Hardman Moolenaar Stahl
Bradstreet Hart Mortimer Stakoe
Brandenburg Hood Murphy Steil
Brown Hoogendyk Newell Stewart
Byrum Howell Nitz Tabor
Casperson Huizenga Nofs Taub
Caswell Hummel O'Neil Tobocman
Caul Hune Palmer Vagnozzi
Cheeks Hunter Palsrok Van Regenmorter
Clack Jamnick Pappageorge Vander Veen
Condino Johnson, Rick Pastor Voorhees
Dennis Johnson, Ruth Phillips Ward
DeRoche Julian Plakas Waters
Drolet Koetje Pumford Whitmer
Ehardt Kolb Reeves Williams
Elkins Kooiman Richardville Wojno
Emmons LaJoy Robertson Woronchak
Farhat LaSata Rocca Zelenko
Farrah Law Sak
Nays--0
In The Chair: Julian
The House agreed to the full title of the bill.
The bill was referred to the Clerk for enrollment printing and presentation to the Governor.
By unanimous consent the House returned to the order of
Motions and Resolutions
Rep. Richardville moved that Rule 45 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. 6058.
The motion prevailed, a majority of the members serving voting therefor.
The bill was placed on the order of Second Reading of Bills and laid over one day.
Rep. Richardville moved that Rule 45 be suspended.
The motion prevailed, 3/5 of the members present voting therefor.
Rep. Richardville moved that the Committee on Veterans Affairs and Homeland Security be discharged from further consideration of House Bill No. 6062.
The motion prevailed, a majority of the members serving voting therefor.
The bill was placed on the order of Second Reading of Bills and laid over one day.
Second Reading of Bills
Rep. Richardville moved that Rule 48 be suspended.
The motion prevailed, 3/5 of the members present voting therefor.
House Bill No. 6062, entitled
A bill to amend 1949 PA 300, entitled "Michigan vehicle code," by amending section 801 (MCL 257.801), as amended by 2003 PA 152.
The bill was read a second time.
Rep. Mortimer 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. Jamnick moved that Rep. Minore 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. 6062, entitled
A bill to amend 1949 PA 300, entitled "Michigan vehicle code," by amending section 801 (MCL 257.801), as amended by 2003 PA 152.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 840 Yeas--100
Accavitti Farrah Lipsey Shackleton
Acciavatti Gaffney McConico Sheltrown
Adamini Garfield Meisner Shulman
Amos Gieleghem Meyer Smith
Anderson Gillard Middaugh Spade
Bieda Gleason Milosch Stahl
Bisbee Hager Moolenaar Stakoe
Bradstreet Hardman Mortimer Steil
Brandenburg Hart Murphy Stewart
Brown Hood Newell Tabor
Byrum Hoogendyk Nitz Taub
Casperson Howell Nofs Tobocman
Caswell Huizenga O'Neil Vagnozzi
Caul Hummel Palmer Van Regenmorter
Cheeks Hune Palsrok Vander Veen
Clack Jamnick Pappageorge Voorhees
Condino Johnson, Rick Pastor Walker
Dennis Johnson, Ruth Plakas Ward
DeRoche Julian Pumford Waters
DeRossett Koetje Reeves Whitmer
Drolet Kolb Richardville Williams
Ehardt Kooiman Rivet Wojno
Elkins LaJoy Robertson Woodward
Emmons LaSata Rocca Woronchak
Farhat Law Sak Zelenko
Nays--0
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.
Reps. Hardman, McConico, Reeves, Woronchak, Plakas, Anderson, Stewart, Drolet, Woodward, Shulman, Pappageorge, Phillips, Kolb, Jamnick, Richardville, Spade, Lipsey, Murphy, Tabor, Kooiman, Voorhees, Middaugh, Hager, Julian, Hummel, Newell, Vander Veen, Howell, Rivet, Caul, Ruth Johnson, Sheltrown, Shackleton, Brown, Palmer, Gaffney, Farrah, Pastor, LaJoy, Law, Brandenburg, Bieda, Wojno, Clack, Condino, Vagnozzi, Taub, Amos, Hune, Milosch, Caswell, Shaffer, Hoogendyk, Nofs, Ward, Steil, Sak, Nitz, Stahl, Elkins, Moolenaar, Palsrok, Walker, Gillard and Byrum were named co-sponsors of the bill.
By unanimous consent the House returned to the order of
Reports of Standing Committees
The Committee on Appropriations, by Rep. Shulman, Chair, reported
Senate Bill No. 1164, entitled
A bill to amend 1978 PA 368, entitled "Public health code," by amending section 21777 (MCL 333.21777).
With the recommendation that the substitute (H-2) be adopted and that the bill then pass.
The bill and substitute were referred to the order of Second Reading of Bills and laid over one day under the rules.
Favorable Roll Call
To Report Out:
Yeas: Reps. Shulman, Emmons, Caul, Pumford, Shackleton, Stewart, Acciavatti, Amos, Caswell, Farhat, Hoogendyk, Moolenaar, Pastor, Shaffer, Steil, Taub, Walker, Brandenburg, Mortimer, Whitmer, Brown, Kolb, Phillips, Reeves, Williams, Cheeks, Hunter, Sak and Zelenko
Nays: None
The Committee on Appropriations, by Rep. Shulman, Chair, reported
Senate Bill No. 1340, entitled
A bill to amend 1995 PA 29, entitled "Uniform unclaimed property act," by amending section 19 (MCL 567.239), as amended by 2004 PA 82, and by adding section 11a; and to repeal acts and parts of acts.
With the recommendation that the following amendment be adopted and that the bill then pass.
1. Amend page 3, line 8, after "published" by striking out "twice each year" and inserting "once every 6 months".
The bill and amendment were referred to the order of Second Reading of Bills and laid over one day under the rules.
Favorable Roll Call
To Report Out:
Yeas: Reps. Shulman, Emmons, Caul, Pumford, Shackleton, Stewart, Acciavatti, Amos, Caswell, Farhat, Hoogendyk, Moolenaar, Pastor, Shaffer, Steil, Taub, Walker, Brandenburg, Mortimer, Whitmer, Brown, Kolb, Phillips, Reeves, Williams, Cheeks, Hunter, Sak and Zelenko
Nays: None
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Shulman, Chair, of the Committee on Appropriations, was received and read:
Meeting held on: Tuesday, September 28, 2004
Present: Reps. Shulman, Emmons, Caul, Pumford, Shackleton, Stewart, Acciavatti, Amos, Caswell, Farhat, Hoogendyk, Moolenaar, Pastor, Shaffer, Steil, Taub, Walker, Brandenburg, Mortimer, Whitmer, Brown, Kolb, Phillips, Reeves, Williams, Cheeks, Hunter, Sak and Zelenko
Absent: Reps. Kooiman, Newell, Plakas and O'Neil
Excused: Reps. Kooiman, Newell, Plakas and O'Neil
The Committee on Education, by Rep. Palmer, Chair, reported
House Bill No. 6230, entitled
A bill to amend 1979 PA 94, entitled "The state school aid act of 1979," by amending section 1704a (MCL 388.1704a), as amended by 2003 PA 158.
Without amendment and with the recommendation that the bill pass.
The bill was referred to the order of Second Reading of Bills and laid over one day under the rules.
Favorable Roll Call
To Report Out:
Yeas: Reps. Palmer, Hummel, Meyer, Bradstreet, Hager, Ruth Johnson, Voorhees, Vander Veen, Nofs, Stahl, Vagnozzi, Smith, Hopgood, Meisner and Clack
Nays: None
The Committee on Education, by Rep. Palmer, Chair, reported
House Bill No. 6231, entitled
A bill to amend 1976 PA 451, entitled "The revised school code," by amending sections 1279 and 1279d (MCL 380.1279 and 380.1279d), section 1279 as amended by 1997 PA 175 and section 1279d as added by 2002 PA 640.
Without amendment and with the recommendation that the bill pass.
The bill was referred to the order of Second Reading of Bills and laid over one day under the rules.
Favorable Roll Call
To Report Out:
Yeas: Reps. Palmer, Meyer, Bradstreet, Hager, Ruth Johnson, Voorhees, Nofs, Vagnozzi, Smith, Hopgood, Meisner and Clack
Nays: None
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Palmer, Chair, of the Committee on Education, was received and read:
Meeting held on: Wednesday, September 29, 2004
Present: Reps. Palmer, Hummel, Meyer, Bradstreet, Hager, Ruth Johnson, Voorhees, Vander Veen, Nofs, Stahl, Vagnozzi, Smith, Hopgood, Meisner and Clack
Absent: Reps. Hart, Tabor, Gieleghem and Spade
Excused: Reps. Hart, Tabor, Gieleghem and Spade
The Committee on Health Policy, by Rep. Ehardt, Chair, reported
Senate Bill No. 908, entitled
A bill to amend 1978 PA 368, entitled "Public health code," by amending section 7405 (MCL 333.7405), as amended by 1997 PA 153.
With the recommendation that the substitute (H-2) be adopted and that the bill then pass.
The bill and substitute were referred to the order of Second Reading of Bills and laid over one day under the rules.
Favorable Roll Call
To Report Out:
Yeas: Reps. Ehardt, Vander Veen, Ruth Johnson, Rocca, Wojno, Hardman, O'Neil, Gillard and Clack
Nays: None
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Ehardt, Chair, of the Committee on Health Policy, was received and read:
Meeting held on: Wednesday, September 29, 2004
Present: Reps. Ehardt, Vander Veen, Ruth Johnson, Rocca, Gaffney, Hune, Adamini, Wojno, Hardman, O'Neil, Gillard and Clack
Absent: Reps. Hart, Woronchak, Van Regenmorter, Robertson and Ward
Excused: Reps. Hart, Woronchak, Van Regenmorter, Robertson and Ward
The Committee on Agriculture and Resource Management, by Rep. Meyer, Chair, reported
House Bill No. 5942, entitled
A bill to amend 1984 PA 44, entitled "Motor fuels quality act," by amending sections 2, 3, and 5 (MCL 290.642, 290.643, and 290.645), section 2 as amended by 1993 PA 236 and sections 3 and 5 as amended by 2002 PA 13.
With the recommendation that the substitute (H-4) be adopted and that the bill then pass.
The bill and substitute were referred to the order of Second Reading of Bills and laid over one day under the rules.
Favorable Roll Call
To Report Out:
Yeas: Reps. Meyer, Nitz, Casperson, Stahl, Spade and Law
Nays: Reps. Hager, Hune, Sheltrown and Rivet
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Meyer, Chair, of the Committee on Agriculture and Resource Management, was received and read:
Meeting held on: Wednesday, September 29, 2004
Present: Reps. Meyer, Nitz, Hager, Casperson, Hune, Stahl, Sheltrown, Rivet, Spade and Law
Absent: Rep. DeRossett
Excused: Rep. DeRossett
The Committee on Judiciary, by Rep. Howell, Chair, reported
House Bill No. 6226, entitled
A bill to amend 1961 PA 236, entitled "Revised judicature act of 1961," by amending section 303d (MCL 600.303d), as added by 1993 PA 190.
Without amendment and with the recommendation that the bill pass.
The bill was referred to the order of Second Reading of Bills and laid over one day under the rules.
Favorable Roll Call
To Report Out:
Yeas: Reps. Howell, Bradstreet, Pappageorge, Voorhees, Garfield, Lipsey, Bieda, Condino and Smith
Nays: None
The Committee on Judiciary, by Rep. Howell, Chair, reported
House Bill No. 6234, entitled
A bill to require online dating services to conduct criminal background checks or to provide certain notices; and to prescribe penalties and provide remedies.
With the recommendation that the substitute (H-2) be adopted and that the bill then pass.
The bill and substitute were referred to the order of Second Reading of Bills and laid over one day under the rules.
Favorable Roll Call
To Report Out:
Yeas: Reps. Howell, LaSata, Bradstreet, Koetje, Voorhees, Lipsey, Bieda and Condino
Nays: Rep. Pappageorge
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Howell, Chair, of the Committee on Judiciary, was received and read:
Meeting held on: Wednesday, September 29, 2004
Present: Reps. Howell, LaSata, Bradstreet, Koetje, Pappageorge, Voorhees, Garfield, Lipsey, Bieda, Condino and Smith
Absent: Reps. Van Regenmorter, Gaffney, Wenke and Adamini
Excused: Reps. Van Regenmorter, Gaffney, Wenke and Adamini
The Committee on Transportation, by Rep. DeRossett, Chair, reported
House Bill No. 4779, entitled
A bill to amend 1951 PA 51, entitled "An act to provide for the classification of all public roads, streets, and highways in this state, and for the revision of that classification and for additions to and deletions from each classification; to set up and establish the Michigan transportation fund; to provide for the deposits in the Michigan transportation fund of specific taxes on motor vehicles and motor vehicle fuels; to provide for the allocation of funds from the Michigan transportation fund and the use and administration of the fund for transportation purposes; to set up and establish the truck safety fund; to provide for the allocation of funds from the truck safety fund and administration of the fund for truck safety purposes; to set up and establish the Michigan truck safety commission; to establish certain standards for road contracts for certain businesses; to provide for the continuing review of transportation needs within the state; to authorize the state transportation commission, counties, cities, and villages to borrow money, issue bonds, and make pledges of funds for transportation purposes; to authorize counties to advance funds for the payment of deficiencies necessary for the payment of bonds issued under this act; to provide for the limitations, payment, retirement, and security of the bonds and pledges; to provide for appropriations and tax levies by counties and townships for county roads; to authorize contributions by townships for county roads; to provide for the establishment and administration of the state trunk line fund, critical bridge fund, comprehensive transportation fund, and certain other funds; to provide for the deposits in the state trunk line fund, critical bridge fund, comprehensive transportation fund, and certain other funds of money raised by specific taxes and fees; to provide for definitions of public transportation functions and criteria; to define the purposes for which Michigan transportation funds may be allocated; to provide for Michigan transportation fund grants; to provide for review and approval of transportation programs; to provide for submission of annual legislative requests and reports; to provide for the establishment and functions of certain advisory entities; to provide for conditions for grants; to provide for the issuance of bonds and notes for transportation purposes; to provide for the powers and duties of certain state and local agencies and officials; to provide for the making of loans for transportation purposes by the state transportation department and for the receipt and repayment by local units and agencies of those loans from certain specified sources; and to repeal acts and parts of acts," by amending section 10 (MCL 247.660), as amended by 2000 PA 188.
With the recommendation that the substitute (H-3) be adopted and that the bill then pass.
The bill and substitute were referred to the order of Second Reading of Bills and laid over one day under the rules.
Favorable Roll Call
To Report Out:
Yeas: Reps. DeRossett, Casperson, Hummel, LaJoy, Robertson, Jamnick, Tobocman, Adamini, Murphy and Elkins
Nays: Rep. Hune
The Committee on Transportation, by Rep. DeRossett, Chair, reported
House Bill No. 5594, entitled
A bill to amend 1909 PA 283, entitled "An act to revise, consolidate, and add to the laws relating to the establishment, opening, discontinuing, vacating, closing, altering, improvement, maintenance, and use of the public highways and private roads; the condemnation of property and gravel therefor; the building, repairing and preservation of bridges; maintaining public access to waterways under certain conditions; setting and protecting shade trees, drainage, and cutting weeds and brush within this state; providing for the election or appointment and defining the powers, duties, and compensation of state, county, township, and district highway officials; and to prescribe penalties and provide remedies," by amending section 6 (MCL 224.6), as amended by 1982 PA 299.
Without amendment and with the recommendation that the bill pass.
The bill was referred to the order of Second Reading of Bills and laid over one day under the rules.
Favorable Roll Call
To Report Out:
Yeas: Reps. DeRossett, Gaffney, LaJoy, Robertson, Anderson, Jamnick, Gleason, Tobocman and Murphy
Nays: Reps. Hune, Ward and Adamini
The Committee on Transportation, by Rep. DeRossett, Chair, reported
House Bill No. 5595, entitled
A bill to amend 1966 PA 293, entitled "An act to provide for the establishment of charter counties; to provide for the election of charter commissioners; to prescribe their powers and duties; to prohibit certain acts of a county board of commissioners after the approval of the election of a charter commission; to prescribe the mandatory and permissive provisions of a charter; to provide for the exercise by a charter county of certain powers whether or not authorized by its charter; and to prescribe penalties and provide remedies," by amending section 14 (MCL 45.514), as amended by 1982 PA 300.
Without amendment and with the recommendation that the bill pass.
The bill was referred to the order of Second Reading of Bills and laid over one day under the rules.
Favorable Roll Call
To Report Out:
Yeas: Reps. DeRossett, Gaffney, LaJoy, Robertson, Anderson, Jamnick, Gleason, Tobocman and Murphy
Nays: Reps. Hune and Adamini
The Committee on Transportation, by Rep. DeRossett, Chair, reported
House Bill No. 5596, entitled
A bill to amend 1973 PA 139, entitled "An act to provide forms of county government; to provide for county managers and county executives and to prescribe their powers and duties; to abolish certain departments, boards, commissions, and authorities; to provide for transfer of certain powers and functions; to prescribe powers of a board of county commissioners and elected officials; to provide organization of administrative functions; to transfer property; to retain ordinances and laws not inconsistent with this act; to provide methods for abolition of a unified form of county government; and to prescribe penalties and provide remedies," by amending section 12 (MCL 45.562).
Without amendment and with the recommendation that the bill pass.
The bill was referred to the order of Second Reading of Bills and laid over one day under the rules.
Favorable Roll Call
To Report Out:
Yeas: Reps. DeRossett, Gaffney, LaJoy, Robertson, Anderson, Jamnick, Gleason, Tobocman and Murphy
Nays: Reps. Casperson, Hune and Adamini
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. DeRossett, Chair, of the Committee on Transportation, was received and read:
Meeting held on: Wednesday, September 29, 2004
Present: Reps. DeRossett, Casperson, Hummel, Gaffney, Hune, LaJoy, Robertson, Ward, Anderson, Jamnick, Gleason, Tobocman, Adamini, Murphy and Elkins
Absent: Reps. DeRoche and Huizenga
Excused: Reps. DeRoche and Huizenga
The Committee on Local Government and Urban Policy, by Rep. Ward, Chair, reported
House Bill No. 6138, entitled
A bill to amend 1954 PA 116, entitled "Michigan election law," by amending section 477 (MCL 168.477), as amended by 1999 PA 219.
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 and laid over one day under the rules.
Favorable Roll Call
To Report Out:
Yeas: Reps. Ward, Robertson, DeRossett, Hager, Stakoe and Jamnick
Nays: None
The Committee on Local Government and Urban Policy, by Rep. Ward, Chair, reported
House Bill No. 6190, entitled
A bill to allow public officials to elect not to receive compensation for serving in their elected or appointed positions.
Without amendment and with the recommendation that the bill pass.
The bill was referred to the order of Second Reading of Bills and laid over one day under the rules.
Favorable Roll Call
To Report Out:
Yeas: Reps. Ward, Robertson, DeRossett, Hager, Stakoe, Tobocman and Accavitti
Nays: None
The Committee on Local Government and Urban Policy, by Rep. Ward, Chair, reported
House Bill No. 6228, entitled
A bill to amend 1961 PA 236, entitled "Revised judicature act of 1961," by amending section 2631 (MCL 600.2631).
With the recommendation that the following amendment be adopted and that the bill then pass.
1. Amend page 2, line 16, after "that" by inserting "has been approved by the legislative body of that local unit of government and".
The bill and amendment were referred to the order of Second Reading of Bills and laid over one day under the rules.
Favorable Roll Call
To Report Out:
Yeas: Reps. Ward, Robertson, DeRossett, Hager, Drolet, Stakoe, Jamnick and Accavitti
Nays: None
The Committee on Local Government and Urban Policy, by Rep. Ward, Chair, reported
Senate Bill No. 928, entitled
A bill to amend 1947 PA 359, entitled "The charter township act," by amending section 8 (MCL 42.8).
Without amendment and with the recommendation that the bill pass.
The bill was referred to the order of Second Reading of Bills and laid over one day under the rules.
Favorable Roll Call
To Report Out:
Yeas: Reps. Ward, Robertson, DeRossett, Hager, Stakoe, Jamnick, Hardman, Tobocman and Accavitti
Nays: None
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Ward, Chair, of the Committee on Local Government and Urban Policy, was received and read:
Meeting held on: Wednesday, September 29, 2004
Present: Reps. Ward, Robertson, DeRossett, Hager, Drolet, Stakoe, Jamnick, Hardman, Tobocman and Accavitti
Absent: Rep. Wenke
Excused: Rep. Wenke
The Committee on Appropriations, by Rep. Shulman, Chair, reported
Senate Bill No. 1143, entitled
A bill to amend 1978 PA 368, entitled "Public health code," by amending section 2891 (MCL 333.2891), as amended by 2001 PA 31.
Without amendment and with the recommendation that the bill pass.
The bill was referred to the order of Second Reading of Bills and laid over one day under the rules.
Favorable Roll Call
To Report Out:
Yeas: Reps. Shulman, Emmons, Pumford, Shackleton, Kooiman, Newell, Stewart, Shaffer, Walker, Whitmer, Brown, Kolb, Phillips, Plakas, Williams, Cheeks, Hunter, Sak, Zelenko and O'Neil
Nays: Reps. Caul, Acciavatti, Amos, Caswell, Farhat, Hoogendyk, Moolenaar, Pastor, Steil, Taub, Brandenburg and Mortimer
The Committee on Appropriations, by Rep. Shulman, Chair, reported
Senate Bill No. 1146, entitled
A bill to amend 1978 PA 368, entitled "Public health code," by amending section 20161 (MCL 333.20161), as amended by 2003 PA 234.
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 and laid over one day under the rules.
Favorable Roll Call
To Report Out:
Yeas: Reps. Shulman, Emmons, Pumford, Shackleton, Kooiman, Stewart, Acciavatti, Amos, Caswell, Farhat, Moolenaar, Shaffer, Walker, Whitmer, Brown, Kolb, Plakas, Williams, Cheeks, Hunter, Sak and O'Neil
Nays: Reps. Caul, Hoogendyk and Brandenburg
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Shulman, Chair, of the Committee on Appropriations, was received and read:
Meeting held on: Wednesday, September 29, 2004
Present: Reps. Shulman, Emmons, Caul, Pumford, Shackleton, Kooiman, Newell, Stewart, Acciavatti, Amos, Caswell, Farhat, Hoogendyk, Moolenaar, Pastor, Shaffer, Steil, Taub, Walker, Brandenburg, Mortimer, Whitmer, Brown, Kolb, Phillips, Plakas, Reeves, Williams, Cheeks, Hunter, Sak, Zelenko and O'Neil
By unanimous consent the House returned to the order of
Motions and Resolutions
Reps. Sak, Plakas, Palsrok, Dennis, Richardville, Farhat, O'Neil, Anderson, Bieda, Brandenburg, Brown, Caswell, Condino, Ehardt, Garfield, Gieleghem, Hood, Hopgood, Kooiman, Milosch, Pappageorge, Rivet, Sheltrown, Shulman, Spade, Stallworth, Tabor, Taub, Vagnozzi, Waters, Wojno, Accavitti, Adamini, Byrum, Caul, Clack, DeRossett, Elkins, Farrah, Gleason, Huizenga, Jamnick, Koetje, Kolb, LaSata, Lipsey, Murphy, Nofs, Rocca, Stakoe, Tobocman and Phillips offered the following resolution:
House Resolution No. 316.
A resolution recognizing October 2004 as Polish Heritage Month in the state of Michigan.
Whereas, The first Polish immigrants to North America were among the settlers of Jamestown, Virginia, in the 17th century; and
Whereas, Kazimierz Pulaski, Tadeusz Kosciuszko, and other Polish people came to the British Colonies in America to fight in the Revolutionary War and risk their lives and fortunes for the creation of the United States; and
Whereas, For over three hundred years, the Polish people, and their American descendants, have shared their traditional customs, thousand-year-old culture, and strong devotion to democracy with us; and
Whereas, Polish people, and the American descendants, have distinguished themselves by contributing to the development of arts, sciences, government, military service, athletics, and education in the United States; and
Whereas, The Polish Constitution of May 3, 1791, was directly modeled on the Constitution of the United States and recognized as the second written constitution in history. It is revered by Polish people and Americans of Polish descent; and
Whereas, We know and respect the indomitable spirit and loyal civic involvement of the Polish American people and Pole immigrants. They are Revolutionary War heroes and Nobel Peace Prize winners; and
Whereas, Polish people and their American descendants take great pride in, and honor the achievements of, the greatest son of Poland, his Holiness Pope John Paul, II; now, therefore, be it
Resolved by the House of Representatives, That the members of this legislative body recognize October 2004 as Polish Heritage Month in the state of Michigan.
Pending the reference of the resolution to a committee,
Rep. Richardville 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. Sak, Hart, Kooiman, Steil, Murphy, Richardville, Plakas, O'Neil, Anderson, Bieda, Brandenburg, Condino, Ehardt, Garfield, Gieleghem, Hood, Hopgood, Milosch, Pappageorge, Rivet, Sheltrown, Shulman, Spade, Stallworth, Tabor, Vagnozzi, Van Regenmorter, Waters, Wojno, Accavitti, Adamini, Byrum, Caul, Clack, Dennis, DeRossett, Elkins, Farrah, Gleason, Huizenga, Jamnick, Koetje, Kolb, Lipsey, Rocca, Stakoe, Tobocman and Phillips offered the following resolution:
House Resolution No. 317.
A resolution honoring the West Michigan Whitecaps for winning the 2004 Midwest League Championship.
Whereas, It is a great privilege and honor to salute the West Michigan Whitecaps on winning the 2004 Midwest League Championship. The Whitecaps won the title with a 4-2 win over the Kane County Cougars in Game 5 of the Championship Series on Sunday, September 19, 2004; and
Whereas, The 2004 victory is the third Midwest League Championship captured by the Whitecaps; and
Whereas, The Whitecaps have a successful history and a commitment to their community. Their mission is to provide affordable family entertainment to all of West Michigan; and
Whereas, The Whitecaps are a staple in communities throughout West Michigan. We feel a sense of duty and gratitude for all the fans who have supported the team and made it one of the premier sports franchises in the country; and
Whereas, The Whitecaps became Grand Rapids' first professional sports team to win a championship when they brought home the Midwest Team Championship in 1996 and again in 1998; and
Whereas, In December of 1999, Baseball America bestowed one of its highest honors on the Whitecaps, naming it the Class A Organization of the Decade. In addition, the 1997 Whitecaps were named the Third-Best Minor League Team of the Decade; and
Whereas, The West Michigan Whitecaps had an overall record of 69-70 this season; and
Whereas, The Whitecaps came charging into the playoffs after earning a spot on the last day of the regular season, which was sparked by an astonishing 24-6 record in August for a 40-30 second-half record and the Eastern Division Championship; and
Whereas, The West Michigan Whitecaps used a 2-1 series win over Lansing, a 2-0 sweep of South Bend, and a 3-2 win over Kane County to earn their third league championship in the 11-year history of the team and their first since 1998. The win came in the first Game 5 of the team's playoff history; and
Whereas, The Whitecaps team players to be honored are Andy Baldwin, Eulogio Delacruz, Chris Homer, Cristhian Martinez, Damien Myers, Troy Pickford, Jermy Rodriguez, Brian Rogers, Kenon Ronz, Brian Santo, Chris Steinborn, Jordan Tata, Anthony Tomey, Virgil Vasquez, Daniel Zell, Andrew Graham, Danilo Sanchez, Alex Trezza, Richard Burgos, Nate Doyle, Juan Francia, Troy Giarratano, Kelly Hunt, Kody Kirkland, Juan Llama, Nick McIntyre, Eric Rodland, Vincent Blue, Bo Flowers, Jason Knoedler, Garth McKinney, Wilton Reynolds and Luis Sabino; and
Whereas, The Whitecaps Manager, Matt Walbeck, Hitting Coach Tony Jaramillo, Pitching Coach, A.J. Sager, and Athletic Trainer, Chris Vernon are to be honored as well; now, therefore, be it
Resolved by the House of Representatives, That the members of this legislative body honor the West Michigan Whitecaps for winning the 2004 Midwest League Championship.
Pending the reference of the resolution to a committee,
Rep. Richardville 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. Murphy, Anderson, Bieda, Brown, Condino, Ehardt, Garfield, Gieleghem, Hood, Hopgood, Kooiman, Palsrok, Pappageorge, Plakas, Richardville, Rivet, Sak, Sheltrown, Shulman, Spade, Stallworth, Tabor, Taub, Vagnozzi, Waters, Wojno, Accavitti, Adamini, Byrum, Caul, Clack, Dennis, DeRossett, Elkins, Farrah, Gleason, Huizenga, Jamnick, Kolb, LaSata, Lipsey, Rocca, Stakoe, Tobocman and Phillips offered the following resolution:
House Resolution No. 318.
A resolution recognizing October 6, 2004, as Suicide Prevention Awareness Day in the state of Michigan.
Whereas, Suicide is the 11th leading cause of death and it is the 3rd leading cause of death among young people ages 15-24. Over 500 youth committed suicide last year in Michigan alone; and
Whereas, Males are more likely to die from suicide than females. Suicide rates are highest among whites and second highest among American Indian and Native Alaskan men; and
Whereas, The first step in preventing suicide is to identify and understand the risk factors. Risk factors are not necessarily causes, they are instances that increase the likelihood that a person will harm themselves; and
Whereas, Risk factors include a previous suicide attempt, a family history of suicide, a history of alcohol and/or substance abuse, a family history of child maltreatment, and a history of mental disorders, particularly depression. Other risk factors are feelings of hopelessness, impulsive or aggressive tendencies, loss, isolation, and physical illness. In addition, barriers to accessing mental health treatment and easy access to lethal methods are risk factors. They could also include suicidal thoughts, cultural or religious beliefs, local epidemics of suicide, and an unwillingness to seek help because of stigmas attached to mental health and substance abuse disorders; and
Whereas, Protective factors have been identified to help shield individuals from the risks associated with suicide. These include effective clinical care for mental, physical, and substance abuse disorders. They also include easy access to a variety of clinical interventions, family and community support, and support from ongoing medical and mental health care relationships. In addition, protective factors include skills in problem solving, conflict resolution, and nonviolent handling of disputes. Cultural and religious beliefs that discourage suicide and support self-preservation instincts are also protective factors; now, therefore, be it
Resolved by the House of Representatives, That the members of this legislative body recognize October 6, 2004, as Suicide Prevention Awareness Day in the state of Michigan; and be it further
Resolved, That a copy of this resolution be transmitted to the Michigan Association of Suicidology as a token of our respect for the work they have done for the citizens of Michigan.
Pending the reference of the resolution to a committee,
Rep. Richardville 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.
Rep. Julian offered the following resolution:
House Resolution No. 320.
A resolution to memorialize the Congress of the United States and the United States Department of Transportation to exempt local transporters of liquid petroleum from federal regulations that require 10 hours off duty for every 14hours on duty.
Whereas, Regulations restricting hours of service of motor transport workers contribute to public safety as goods are handled and moved across the country. As technology and equipment have changed, these regulations have also evolved. The Federal Motor Carrier Safety Administration sets these standards to respond to changes that occur and situations where the regulations clearly need to be adjusted; and
Whereas, The overall impact of hours of service regulations can vary significantly from industry to industry. Currently, for those hauling and delivering liquid petroleum products, the regulations provide that a person doing so must take 10 consecutive hours off for every 14 hours worked. Companies that transport liquid petroleum locally, however, are finding that these restrictions are a hindrance to their ability to operate effectively and efficiently; and
Whereas, The most effective laws and regulations bring balance to the situation or issue in question. The regulations that determine the hours of service for a person transporting liquid petroleum locally need to be modified to reflect the vastly dissimilar nature of their jobs from others transporting similar products; now, therefore, be it
Resolved by the House of Representatives, That we memorialize the Congress of the United States and the United States Department of Transportation to exempt local liquid petroleum distribution personnel from federal regulations that require 10 hours off duty for every 14 hours on duty; and be it further
Resolved, That copies of this resolution be transmitted to the United States Department of Transportation, the President of the United States Senate, the Speaker of the United States House of Representatives, and the members of the Michigan congressional delegation.
The resolution was referred to the Committee on Transportation.
Rep. Robertson offered the following resolution:
House Resolution No. 321.
A resolution recognizing October 22, 2004, as Nursing Assistants for Long-Term Care Day in the state of Michigan.
Whereas, Certified nurses aides provide direct care to nursing home residents, primarily for their activities of daily living, but also including some medical care; and
Whereas, Certified nurses aides assist in creating an atmosphere of warmth, personal interest, and positive emphasis as well as a healthy environment throughout the center and enhance the residents' quality of life; and
Whereas, Certified nurses aides strive to ensure the privacy of residents during care and treat residents with kindness, dignity, and respect thereby enhancing their quality of life; and
Whereas, Whereas, Certified nurses aides are part of the team that delivers high-quality health services, and helps residents of long-term care facilities maintain their independence. Michiganders and all Americans can control the escalating costs of health care services; now, therefore, be it.
Resolved by the House of Representatives, That the members of this legislative body recognize October 22, 2004, as Nursing Assistants for Long-Term Care Day in the state of Michigan. We show our support of certified nurses aides, in their commitment to patient advocacy.
Pending the reference of the resolution to a committee,
Rep. Richardville 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.
Notices
The Speaker appointed as conferees, on the part of the House of Representatives for Senate Bill No. 1105, Reps. Walker, Pumford and Brown.
Public Hearing
Subcommittee on Alternative Energy of the Committee on Energy and Technology
Date: Tuesday, October 12, 2004
Time: 10:00 a.m.
Place: Menominee County ISD Building
1201 41st Avenue
Menominee, Michigan 49858
Rep. Bill Huizenga,
Chair
Agenda: All times listed are central standard time
Testimony from Gary Erickson and Tom Meinz, UPPCO and Rob Bennington,
WI Public Service Corporation and any other interested parties.
1:45 p.m. Tour of Grand Rapids Hydro Electric Dam of WI Public Service Corporation
N6651 P3 Road
Ingalls, Michigan 49848
Or any business properly before this committee.
Public Hearing
Subcommittee on Alternative Energy of the Committee on Energy and Technology
Date: Wednesday, October 13, 2004
Time: 10:00 a.m.
Place: Kingsford High School Auditorium
431 Hamilton Avenue
Kingsford, Michigan 49802
Rep. Bill Huizenga,
Chair
Agenda: All times listed are central standard time
1:30 p.m. Tour of Kingsford Hydro Plant
Cowboy Lake Road
Kingsford, Michigan 49802
Or any business properly before this committee.
Messages from the Governor
Date: September 22, 2004
Time: 1:00 p.m.
To the Speaker of the House of Representatives:
Sir--I have this day approved and signed
Enrolled House Bill No. 6021 (Public Act No. 329, I.E.), being
An act 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 provide for the levy of taxes against certain health facilities or agencies; 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 provide for an appropriation and supplements; 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," by amending section 17766 (MCL 333.17766), as amended by 1990 PA 30, and by adding section 17766d.
(Filed with the Secretary of State September 23, 2004, at 9:44 a.m.)
Date: September 22, 2004
Time: 1:02 p.m.
To the Speaker of the House of Representatives:
Sir--I have this day approved and signed
Enrolled House Bill No. 4742 (Public Act No. 330, I.E.), being
An act to amend 1927 PA 175, entitled "An act to revise, consolidate, and codify the laws relating to criminal procedure and to define the jurisdiction, powers, and duties of courts, judges, and other officers of the court under the provisions of this act; to provide laws relative to the rights of persons accused of criminal offenses and ordinance violations; to provide for the arrest of persons charged with or suspected of criminal offenses and ordinance violations; to provide for bail of persons arrested for or accused of criminal offenses and ordinance violations; to provide for the examination of persons accused of criminal offenses; to regulate the procedure relative to grand juries, indictments, informations, and proceedings before trial; to provide for trials of persons complained of or indicted for criminal offenses and ordinance violations and to provide for the procedure in those trials; to provide for judgments and sentences of persons convicted of criminal offenses and ordinance violations; to establish a sentencing commission and to prescribe its powers and duties; to provide for procedure relating to new trials and appeals in criminal and ordinance violation cases; to provide a uniform system of probation throughout this state and the appointment of probation officers; to prescribe the powers, duties, and compensation of probation officers; to provide penalties for the violation of the duties of probation officers; to provide for procedure governing proceedings to prevent crime and proceedings for the discovery of crime; to provide for fees of officers, witnesses, and others in criminal and ordinance violation cases; to set forth miscellaneous provisions as to criminal procedure in certain cases; to provide penalties for the violation of certain provisions of this act; and to repeal all acts and parts of acts inconsistent with or contravening any of the provisions of this act," by amending section 3 of chapter XI (MCL 771.3), as amended by 2004 PA 219.
(Filed with the Secretary of State September 23, 2004, at 9:46 a.m.)
Date: September 22, 2004
Time: 1:04 p.m.
To the Speaker of the House of Representatives:
Sir--I have this day approved and signed
Enrolled House Bill No. 5820 (Public Act No. 331, I.E.), being
An act to amend 1949 PA 300, entitled "An act to provide for the registration, titling, sale, transfer, and regulation of certain vehicles operated upon the public highways of this state or any other place open to the general public or generally accessible to motor vehicles and distressed vehicles; to provide for the licensing of dealers; to provide for the examination, licensing, and control of operators and chauffeurs; to provide for the giving of proof of financial responsibility and security by owners and operators of vehicles; to provide for the imposition, levy, and collection of specific taxes on vehicles, and the levy and collection of sales and use taxes, license fees, and permit fees; to provide for the regulation and use of streets and highways; to create certain funds; to provide penalties and sanctions for a violation of this act; to provide for civil liability of owners and operators of vehicles and service of process on residents and nonresidents; to provide for the levy of certain assessments; to provide for the enforcement of this act; to provide for the creation of and to prescribe the powers and duties of certain state and local agencies; to impose liability upon the state or local agencies; to provide appropriations for certain purposes; to repeal all other acts or parts of acts inconsistent with this act or contrary to this act; and to repeal certain parts of this act on a specific date," by amending section 626 (MCL 257.626).
(Filed with the Secretary of State September 23, 2004, at 9:48 a.m.)
Date: September 22, 2004
Time: 1:06 p.m.
To the Speaker of the House of Representatives:
Sir--I have this day approved and signed
Enrolled House Bill No. 5846 (Public Act No. 332, I.E.), being
An act to amend 1927 PA 175, entitled "An act to revise, consolidate, and codify the laws relating to criminal procedure and to define the jurisdiction, powers, and duties of courts, judges, and other officers of the court under the provisions of this act; to provide laws relative to the rights of persons accused of criminal offenses and ordinance violations; to provide for the arrest of persons charged with or suspected of criminal offenses and ordinance violations; to provide for bail of persons arrested for or accused of criminal offenses and ordinance violations; to provide for the examination of persons accused of criminal offenses; to regulate the procedure relative to grand juries, indictments, informations, and proceedings before trial; to provide for trials of persons complained of or indicted for criminal offenses and ordinance violations and to provide for the procedure in those trials; to provide for judgments and sentences of persons convicted of criminal offenses and ordinance violations; to establish a sentencing commission and to prescribe its powers and duties; to provide for procedure relating to new trials and appeals in criminal and ordinance violation cases; to provide a uniform system of probation throughout this state and the appointment of probation officers; to prescribe the powers, duties, and compensation of probation officers; to provide penalties for the violation of the duties of probation officers; to provide for procedure governing proceedings to prevent crime and proceedings for the discovery of crime; to provide for fees of officers, witnesses, and others in criminal and ordinance violation cases; to set forth miscellaneous provisions as to criminal procedure in certain cases; to provide penalties for the violation of certain provisions of this act; and to repeal all acts and parts of acts inconsistent with or contravening any of the provisions of this act," by amending section 28 of chapter V (MCL 765.28), as amended by 2002 PA 659.
(Filed with the Secretary of State September 23, 2004, at 9:50 a.m.)
Date: September 22, 2004
Time: 4:20 p.m.
To the Speaker of the House of Representatives:
Sir--I have this day approved and signed
Enrolled House Bill No. 5798 (Public Act No. 335, I.E.), being
An act to amend 1967 PA 281, entitled "An act to meet deficiencies in state funds by providing for the imposition, levy, computation, collection, assessment, and enforcement by lien and otherwise of taxes on or measured by net income; to prescribe the manner and time of making reports and paying the taxes, and the functions of public officers and others as to the taxes; to permit the inspection of the records of taxpayers; to provide for interest and penalties on unpaid taxes; to provide exemptions, credits and refunds of the taxes; to prescribe penalties for the violation of this act; to provide an appropriation; and to repeal certain acts and parts of acts," by amending section 527a (MCL 206.527a), as amended by 2001 PA 169.
(Filed with the Secretary of State September 23, 2004, at 9:56 a.m.)
Date: September 22, 2004
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. 5801 (Public Act No. 336, I.E.), being
An act to amend 1952 PA 214, entitled "An act authorizing the Mackinac bridge authority to acquire a bridge connecting the upper and lower peninsulas of Michigan, including causeways, tunnels, roads and all useful related equipment and facilities, including park, parking, recreation, lighting and terminal facilities; extending the corporate existence of the authority; authorizing such authority to enjoy and carry out all powers incident to its corporate objects; authorizing the appropriation and use of state funds for the preliminary purposes of the authority; providing for the payment of the cost of such bridge and in that connection authorizing the authority to issue revenue bonds payable solely from the revenues of the bridge; granting the right of condemnation to the authority; granting the use of state land and property to the authority; making provisions for the payment and security of such bonds and granting certain rights and remedies to the holders thereof; authorizing banks and trust companies to perform certain acts in connection therewith; authorizing the imposition of tolls and charges; authorizing the authority to secure the consent of the United States government to the construction of the bridge and to secure approval of plans, specifications and location of same; authorizing employment of engineers irrespective of whether such engineers have been previously employed to make preliminary inspections or reports with respect to the bridge; authorizing the state highway department to operate and maintain such bridge or to contribute thereto and enter into leases and agreements in connection therewith; exempting such bonds and the property of the authority from taxation; prohibiting competing traffic facilities; authorizing the operation of ferries by the authority; providing for the construction and use of certain buildings; and making an appropriation," by amending section 12 (MCL 254.322), as amended by 2003 PA 176.
(Filed with the Secretary of State September 23, 2004, at 9:58 a.m.)
Date: September 28, 2004
Time: 8:15 a.m.
To the Speaker of the House of Representatives:
Sir--I have this day approved and signed
Enrolled House Bill No. 5520 (Public Act No. 339, I.E.), being
A bill to make appropriations for the judicial branch for the fiscal year ending September 30, 2005; to provide for the expenditure of these appropriations; to place certain restrictions on the expenditure of these appropriations; to prescribe the powers and duties of certain officials and employees; to require certain reports; and to provide for the disposition of fees and other income received by the judicial branch.
(Filed with the Secretary of State September 28, 2004, at 1:04 p.m.)
Date: September 28, 2004
Time: 8:26 a.m.
To the Speaker of the House of Representatives:
Sir--I have this day approved and signed
Enrolled House Bill No. 5522 (Public Act No. 341, I.E.), being
A bill to make appropriations for the department of military and veterans affairs for the fiscal year ending September30, 2005; to provide for the expenditure of the appropriations; to provide for certain powers and duties of the department of military and veterans affairs, other state agencies, and local units of government related to the appropriations; and to provide for the preparation of certain reports related to the appropriations.
(Filed with the Secretary of State September 28, 2004, at 1:08 p.m.)
Communications from State Officers
The following communications from the Auditor General were received and read:
September 21, 2004
Enclosed is a copy of the following audit report and/or report summary:
Performance Audit of the Clean Michigan Initiative,
Natural Resources Protection Programs, administered by the
Department of Natural Resources
September 2004
September 24, 2004
Enclosed is a copy of the following audit report and/or report summary:
Performance Audit of the Parks and Recreation Bureau
Department of Natural Resources
September 2004
Sincerely,
Thomas H. McTavish, C.P.A.
Auditor General
The communications were referred to the Clerk and the accompanying reports referred to the Committee on Government Operations.
By unanimous consent the House returned to the order of
Second Reading of Bills
Rep. Richardville moved that Rule 48 be suspended.
The motion prevailed, 3/5 of the members present voting therefor.
House Bill No. 6230, entitled
A bill to amend 1979 PA 94, entitled "The state school aid act of 1979," by amending section 1704a (MCL 388.1704a), as amended by 2003 PA 158.
The bill was read a second time.
Rep. Palmer 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. Sak moved that Rep. Cheeks 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. 6230, entitled
A bill to amend 1979 PA 94, entitled "The state school aid act of 1979," by amending section 1704a (MCL 388.1704a), as amended by 2003 PA 158.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 841 Yeas--103
Accavitti Garfield Meisner Shaffer
Acciavatti Gieleghem Meyer Sheltrown
Adamini Gillard Middaugh Shulman
Amos Gleason Milosch Smith
Anderson Hager Minore Spade
Bieda Hardman Moolenaar Stahl
Bisbee Hart Mortimer Stakoe
Bradstreet Hood Murphy Steil
Brandenburg Hoogendyk Newell Stewart
Brown Howell Nitz Tabor
Byrum Huizenga Nofs Taub
Casperson Hummel O'Neil Tobocman
Caswell Hune Palmer Vagnozzi
Caul Hunter Palsrok Van Regenmorter
Clack Jamnick Pappageorge Vander Veen
Condino Johnson, Rick Pastor Voorhees
Dennis Johnson, Ruth Phillips Walker
DeRoche Julian Plakas Ward
DeRossett Koetje Pumford Waters
Drolet Kolb Reeves Whitmer
Ehardt Kooiman Richardville Williams
Elkins LaJoy Rivet Wojno
Emmons LaSata Robertson Woodward
Farhat Law Rocca Woronchak
Farrah Lipsey Sak Zelenko
Gaffney McConico Shackleton
Nays--0
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.
Second Reading of Bills
Rep. Richardville moved that Rule 48 be suspended.
The motion prevailed, 3/5 of the members present voting therefor.
House Bill No. 6231, entitled
A bill to amend 1976 PA 451, entitled "The revised school code," by amending sections 1279 and 1279d (MCL 380.1279 and 380.1279d), section 1279 as amended by 1997 PA 175 and section 1279d as added by 2002 PA 640.
The bill was read a second time.
Rep. Palmer 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. 6231, entitled
A bill to amend 1976 PA 451, entitled "The revised school code," by amending sections 1279 and 1279d (MCL 380.1279 and 380.1279d), section 1279 as amended by 1997 PA 175 and section 1279d as added by 2002 PA 640.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 842 Yeas--102
Accavitti Gieleghem Meyer Shaffer
Acciavatti Gillard Middaugh Sheltrown
Adamini Gleason Milosch Shulman
Amos Hager Minore Smith
Anderson Hardman Moolenaar Spade
Bieda Hart Mortimer Stahl
Bisbee Hood Murphy Stakoe
Bradstreet Hoogendyk Newell Steil
Brandenburg Howell Nitz Stewart
Brown Huizenga Nofs Tabor
Byrum Hummel O'Neil Taub
Casperson Hune Palmer Tobocman
Caswell Hunter Palsrok Vagnozzi
Caul Jamnick Pappageorge Van Regenmorter
Clack Johnson, Rick Pastor Vander Veen
Condino Johnson, Ruth Phillips Voorhees
Dennis Julian Plakas Walker
DeRoche Koetje Pumford Ward
Drolet Kolb Reeves Waters
Ehardt Kooiman Richardville Whitmer
Elkins LaJoy Rivet Williams
Emmons LaSata Robertson Wojno
Farhat Law Rocca Woodward
Farrah Lipsey Sak Woronchak
Gaffney McConico Shackleton Zelenko
Garfield Meisner
Nays--0
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. Minore moved that Rep. Anderson be excused temporarily from today's session.
The motion prevailed.
By unanimous consent the House returned to the order of
Messages from the Senate
House Bill No. 5528, entitled
A bill to make appropriations for the state transportation department and certain transportation purposes for the fiscal year ending September 30, 2005; to provide for the imposition of fees; to provide for reports; to create certain funds and programs; to prescribe requirements for certain railroad and bus facilities; to prescribe certain powers and duties of certain state departments and officials and local units of government; and to provide for the expenditure of the appropriations.
The Senate has substituted (S-1) the bill.
The Senate has passed the bill as substituted (S-1) and ordered that it be given immediate effect.
The Speaker announced that pursuant to Rule 45, the bill was laid over one day.
Rep. Richardville moved that Rule 45 be suspended.
The motion prevailed, 3/5 of the members present voting therefor.
The question being on concurring in the substitute (S-1) made to the bill by the Senate,
Rep. Julian moved to amend the Senate substitute (S-1) as follows:
1. Amend page 49, line 19, after "for" by inserting "lost ridership support and/or".
The motion prevailed and the amendment 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,
Rep. Shackleton moved to amend the Senate substitute (S-1) as follows:
1. Amend page 30, line 21, after "source" by inserting "without an approved legislative transfer or an enacted supplemental appropriations bill".