No. 74
STATE OF MICHIGAN
JOURNAL
OF THE
House of Representatives
92nd Legislature
REGULAR SESSION OF 2003
House Chamber, Lansing, Tuesday, October 14, 2003.
1:00 p.m.
The House was called to order by the Speaker Pro Tempore.
The roll was called by the Clerk of the House of Representatives, who announced that a quorum was present.
Accavitti--present Garfield--present Meyer--present Sheen--present
Acciavatti--present Gieleghem--present Middaugh--present Sheltrown--present
Adamini--present Gillard--present Milosch--present Shulman--present
Amos--present Gleason--present Minore--present Smith--present
Anderson--present Hager--present Moolenaar--present Spade--present
Bieda--present Hardman--present Mortimer--present Stahl--present
Bisbee--present Hart--present Murphy--present Stakoe--present
Bradstreet--present Hood--present Newell--present Stallworth--present
Brandenburg--present Hoogendyk--present Nitz--present Steil--present
Brown--present Hopgood--present Nofs--present Stewart--present
Byrum--present Howell--present O'Neil--present Tabor--present
Casperson--present Huizenga--present Paletko--present Taub--excused
Caswell--present Hummel--present Palmer--present Tobocman--present
Caul--present Hune--present Palsrok--present Vagnozzi--present
Cheeks--present Hunter--present Pappageorge--present Van Regenmorter--excused
Clack--present Jamnick--present Pastor--present Vander Veen--present
Condino--present Johnson, Rick--present Phillips--present Voorhees--present
Daniels--present 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--present
Drolet--present Kooiman--present Rivet--present Whitmer--present
Ehardt--present LaJoy--present Robertson--present Williams--present
Elkins--present LaSata--excused 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--present
Gaffney--present Meisner--present
e/d/s = entered during session
Rep. David B. Robertson, from the 51st District, offered the following invocation:
"O Lord, our God, receive this prayer that we offer to You on this day that You have given to us for the glorification of Your Holy Name. Lord, teach us to pray. Remember, O Lord, our God, all of our civil authorities the President of this nation, our Congress and Judiciary. Illuminate their hearts with the spirit of Your wisdom so that they may guide this nation in all righteousness, holiness and justice. Remember, O Lord, our God, all of the state representatives who have convened in this House for this session. Bless them and guide them unto every good work. Remember, O Lord, our God, all the armed forces of this land and those who are serving around the world for the cause of peace. Send Your holy angels to protect them, and strengthen the hearts of their parents, spouses and children who long for their safe return. Remember, O Lord, our God, the people who live in this great state of Michigan especially our elderly, our poor, our mentally ill, our unemployed and those who are in any kind of affliction, necessity or distress. Hear us, O God, our Savior, the hope of all the ends of the earth and of those who are far off upon the seas, and show mercy upon and save our souls in Your never-ending love. For to You do we send up the glory, thanksgiving, honor and worship, to the Father and to the Son and to the Holy Spirit, always now and ever and to the endless ages. Amen."
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Rep. Palmer moved that Reps. LaSata, Taub and Van Regenmorter be excused from today's session.
The motion prevailed.
Motions and Resolutions
By unanimous consent the House considered House Resolution No. 142 out of numerical order.
Reps. DeRoche, Brandenburg, Ehardt, Hummel, Meyer, Vander Veen, Accavitti, Adamini, Anderson, Brown, Byrum, Clack, Dennis, DeRossett, Elkins, Farhat, Gaffney, Garfield, Gleason, Hager, Hoogendyk, Hopgood, Hune, Jamnick, Julian, Koetje, Kolb, Kooiman, Milosch, Minore, Mortimer, Murphy, Nitz, Nofs, O'Neil, Pastor, Richardville, Rivet, Rocca, Sak, Shaffer, Sheltrown, Spade, Stakoe, Stallworth, Stewart, Tabor, Tobocman, Vagnozzi, Voorhees, Wojno, Zelenko, Bieda and Phillips offered the following resolution:
House Resolution No. 142.
A resolution proclaiming October 12-18, 2003, as International Credit Union Week in Michigan and Thursday, October 16, 2003, as International Credit Union Day.
Whereas, The vitality and stability of Michigan's economy is important to ensure continued business growth, expanded employment opportunities and improved financial security for the people of this state; and
Whereas, Credit unions were created as cooperative, not-for-profit financial institutions committed to the economic improvement of their membership; and
Whereas, The state of Michigan is home to 438 credit unions with a membership in excess of 4.4 million credit union members, which represent over 40% of the state population; and
Whereas, The credit union movement continues to provide its 4.4 million Michigan members access to affordable, reliable financial services, as well as the opportunity to be a member-owner, not "just a customer"; and
Whereas, Credit union professionals, staff and volunteers are active and committed to the communities in which they serve. The credit union mission of "people helping people" is and will continue to be the foundation of their success; and
Whereas, During the week of October 12-18, 2003, credit unions throughout the world will be celebrating the competent financial service provided in a democratic, cooperative manner to citizens of both our Great Lakes State and the world; now, therefore, be it
Resolved by the House of Representatives, That the members of this legislative body hereby proclaim October 12-18, 2003, as International Credit Union Week in Michigan and Thursday, October 16, 2003, as International Credit Union Day. We encourage all citizens to recognize the many contributions credit unions have made to the communities in this state, both tangible and intangible, through the years, and honor and express appreciation for the service and commitment of Michigan's credit unions.
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.
Announcement by the Clerk of Printing and Enrollment
The Clerk announced that the following bills and joint resolution had been printed and placed upon the files of the members on Wednesday, October 8:
Senate Bill Nos. 758 759 760 761
Senate Joint Resolution E
The Clerk announced that the following Senate bills had been received on Thursday, October 9:
Senate Bill Nos. 57 98 497 498 499 500 502 505 506 557 715
The Clerk announced that the following bills had been printed and placed upon the files of the members on Friday, October 10:
House Bill Nos. 5148 5149 5150 5151 5152 5153 5154
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 Bill No. 4914, entitled
A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," (MCL 324.101 to 324.90106) by adding section 80124a.
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.
Favorable Roll Call
To Report Out:
Yeas: Reps. Palsrok, Brandenburg, Tabor, Meyer and Law
Nays: None
The Committee on Great Lakes and Tourism, by Rep. Palsrok, Chair, reported
House Bill No. 5027, entitled
A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending sections 82106, 82109, 82110, and 82118 (MCL 324.82106, 324.82109, 324.82110, and 324.82118), section 82106 as amended by 1998 PA 297, section 82109 as added by 1995 PA 58, section 82110 as amended by 2001 PA 16, and section 82118 as amended by 2001 PA 15.
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.
Favorable Roll Call
To Report Out:
Yeas: Reps. Palsrok, Brandenburg, Tabor, Meyer and Law
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, October 9, 2003, at 12:22 p.m.
Present: Reps. Palsrok, Brandenburg, Tabor, Meyer and Law
Absent: Reps. Gleason and Stallworth
Excused: Reps. Gleason and Stallworth
The Committee on Judiciary, by Rep. Howell, Chair, reported
House Bill No. 5129, entitled
A bill to amend 1961 PA 236, entitled "Revised judicature act of 1961," by amending sections 1301a, 1303a, 1304, 1305, 1307a, 1308, 1309, 1310, 1312, 1313, 1315, 1316, 1317, 1319, 1320, 1321, 1322, 1323, 1324, 1326, 1327, 1328, 1329, 1331, 1332, 1333, 1334, 1335, 1336, 1337, 1338, 1339, 1340, 1341, 1342, 1343, 1345, 1346, 1347, 1372, 1374, and 1375 (MCL 600.1301a, 600.1303a, 600.1304, 600.1305, 600.1307a, 600.1308, 600.1309, 600.1310, 600.1312, 600.1313, 600.1315, 600.1316, 600.1317, 600.1319, 600.1320, 600.1321, 600.1322, 600.1323, 600.1324, 600.1326, 600.1327, 600.1328, 600.1329, 600.1331, 600.1332, 600.1333, 600.1334, 600.1335, 600.1336, 600.1337, 600.1338, 600.1339, 600.1340, 600.1341, 600.1342, 600.1343, 600.1345, 600.1346, 600.1347, 600.1372, 600.1374, and 600.1375), sections 1301a, 1304, 1310, 1312, and 1375 as amended by 1986 PA 104 and section 1307a as amended by 2002 PA 739.
With the recommendation that the following amendment be adopted and that the bill then pass.
1. Amend page 20, line 2, by striking out "intent" and inserting "design".
The bill and amendment were referred to the order of Second Reading of Bills and laid over one day.
Favorable Roll Call
To Report Out:
Yeas: Reps. Howell, Bradstreet, Koetje, Pappageorge, Voorhees, Gaffney, Garfield, Lipsey, Adamini, Bieda, Condino and Smith
Nays: None
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Howell, Chair of the Committee on Judiciary, was received and read:
Meeting held on: Tuesday, October 14, 2003, at 9:00 a.m.
Present: Reps. Howell, Bradstreet, Koetje, Pappageorge, Voorhees, Gaffney, Garfield, Wenke, Lipsey, Adamini, Bieda, Condino and Smith
Absent: Reps. LaSata and Van Regenmorter
Excused: Reps. LaSata and Van Regenmorter
The Committee on Health Policy, by Rep. Ehardt, Chair, reported
House Bill No. 4898, entitled
A bill to amend 1978 PA 368, entitled "Public health code," by amending sections 13501, 13505, 13506, 13515, 13517, 13521, 13522, 13525, 13535, and 13536 (MCL 333.13501, 333.13505, 333.13506, 333.13515, 333.13517, 333.13521, 333.13522, 333.13525, 333.13535, and 333.13536), sections 13501 and 13522 as amended by 1994 PA 100 and section 13521 as amended by 1989 PA 56, and by adding part 135A; and to repeal acts and parts of acts.
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.
Favorable Roll Call
To Report Out:
Yeas: Reps. Ehardt, Vander Veen, Ruth Johnson, Rocca, Woronchak, Robertson, Gaffney, Hune, Ward, Adamini, 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: Tuesday, October 14, 2003, at 10:30 a.m.
Present: Reps. Ehardt, Vander Veen, Ruth Johnson, Rocca, Hart, Woronchak, Robertson, Gaffney, Hune, Ward, Adamini, Hardman, O'Neil, Gillard and Clack
Absent: Reps. Van Regenmorter and Wojno
Excused: Reps. Van Regenmorter and Wojno
The Committee on Regulatory Reform, by Rep. Rocca, Chair, reported
House Bill No. 4458, entitled
A bill to amend 1998 PA 58, entitled "Michigan liquor control code of 1958," by amending section 122 (MCL 436.1233).
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.
Favorable Roll Call
To Report Out:
Yeas: Reps. Rocca, Gaffney, Bisbee, Julian, Palsrok, Sheen, Meisner, Hopgood and Gieleghem
Nays: None
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Rocca, Chair of the Committee on Regulatory Reform, was received and read:
Meeting held on: Tuesday, October 14, 2003, at 10:00 a.m.
Present: Reps. Rocca, Gaffney, Bisbee, Julian, Palsrok, Sheen, Meisner, Hopgood and Gieleghem
Absent: Reps. DeRoche and Wojno
Excused: Reps. DeRoche and Wojno
The Committee on Local Government and Urban Policy, by Rep. Ward, Chair, reported
House Bill No. 4938, entitled
A bill to provide for the qualification, appointment, and regulation of notaries; to provide for the levy, assessment, andcollection of certain service charges and fees and to provide for their disposition; to create certain funds for certain purposes;to provide for liability for certain persons; to provide for the admissibility of certain evidence; to prescribe powers and duties of certain state agencies and local officers; to provide for remedies and penalties; and to repeal acts and parts of acts.
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.
Favorable Roll Call
To Report Out:
Yeas: Reps. Ward, Robertson, Hager, Drolet, Stakoe, Jamnick, Hardman, Tobocman and Accavitti
Nays: None
The Committee on Local Government and Urban Policy, by Rep. Ward, Chair, reported
Senate Bill No. 725, entitled
A bill to amend 1947 PA 359, entitled "The charter township act," by amending section 27 (MCL 42.27), as amended by 1988 PA 82.
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.
Favorable Roll Call
To Report Out:
Yeas: Reps. Ward, Robertson, Hager, Drolet, Stakoe, Jamnick, 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: Tuesday, October 14, 2003, at 9:00 a.m.
Present: Reps. Ward, Robertson, DeRossett, Hager, Drolet, Stakoe, Wenke, Jamnick, Hardman, Tobocman and Accavitti
Notices
Pursuant to Rule 44, the Speaker has made the following reassignment:
House Bill No. 5151 referred to the Committee on Land Use and Environment.
Communications from State Officers
The following communication from the Department of State Police was received and read:
September 30, 2003
I am pleased to submit the 2002-2003 Concealed Pistol License Annual Report as required by MCL 28.425e of Public Act 381 of 2000. This report details the concealed pistol license activity between July 1, 2002 and June 30, 2003.
Sincerely,
Col. Tadarial J. Sturdivant
Director
The communication was referred to the Clerk.
Introduction of Bills
Rep. Whitmer introduced
House Bill No. 5155, entitled
A bill to amend 2000 PA 92, entitled "Food law of 2000," by amending section 1109 (MCL 289.1109), as amended by 2002 PA 487.
The bill was read a first time by its title and referred to the Committee on Agriculture and Resource Management.
Reps. McConico and Ward introduced
House Bill No. 5156, entitled
A bill to amend 1909 PA 279, entitled "The home rule city act," (MCL 117.1 to 117.38) by adding section 36a.
The bill was read a first time by its title and referred to the Committee on Local Government and Urban Policy.
Reps. Tobocman and Kolb introduced
House Bill No. 5157, entitled
A bill to amend 1975 PA 228, entitled "Single business tax act," (MCL 208.1 to 208.145) by adding section 37e.
The bill was read a first time by its title and referred to the Committee on Tax Policy.
Reps. Acciavatti, Brandenburg, Stahl, Tabor, Casperson, Milosch, Bradstreet, Stakoe, Walker, Pappageorge and Farhat introduced
House Bill No. 5158, entitled
A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," (MCL 324.101 to 324.90106) by adding part 413.
The bill was read a first time by its title and referred to the Committee on Great Lakes and Tourism.
Reps. Acciavatti, Brandenburg, Stahl, Tabor, Casperson, Milosch, Bradstreet, Stakoe, Walker, Pappageorge and Farhat introduced
House Bill No. 5159, entitled
A bill to amend 1927 PA 175, entitled "The code of criminal procedure," by amending section 13e of chapter XVII (MCL 777.13e), as added by 2002 PA 30.
The bill was read a first time by its title and referred to the Committee on Criminal Justice.
Rep. Wenke introduced
House Bill No. 5160, entitled
A bill to amend 1967 PA 281, entitled "Income tax act of 1967," (MCL 206.1 to 206.532) by adding section 355a.
The bill was read a first time by its title and referred to the Committee on Tax Policy.
Reps. Hunter, Hood, Meisner, Tobocman, Phillips, Condino, McConico, Hopgood, Clack, Gleason and Cheeks introduced
House Bill No. 5161, entitled
A bill to amend 1999 PA 94, entitled "Michigan merit award scholarship act," by amending section 7 (MCL 390.1457), as amended by 2002 PA 736.
The bill was read a first time by its title and referred to the Committee on Higher Education.
Reps. Kolb, Hopgood, Milosch, Rivet and LaJoy introduced
House Bill No. 5162, entitled
A bill to amend 1967 PA 281, entitled "Income tax act of 1967," by amending section 30 (MCL 206.30), as amended by 2002 PA 615.
The bill was read a first time by its title and referred to the Committee on Tax Policy.
Reps. Hoogendyk, Drolet, Sheen, Garfield, Bradstreet, Casperson, Huizenga, Stahl, Steil, Pastor, Acciavatti, Brandenburg, Milosch, Newell, Woronchak, Palmer, Shaffer, Robertson, Meyer, Hune, Taub, LaJoy, Voorhees, Vander Veen, Amos, DeRoche, Stakoe, Nofs and Van Regenmorter introduced
House Bill No. 5163, entitled
A bill to amend 1975 PA 228, entitled "Single business tax act," by amending section 31 (MCL 208.31), as amended by 1999 PA 115.
The bill was read a first time by its title and referred to the Committee on Tax Policy.
Reps. Hoogendyk, Acciavatti, Garfield, Milosch, LaJoy, Taub, Drolet, Kooiman, Voorhees, Vander Veen, Hummel, Shaffer, Amos, Sheen, Robertson, DeRoche, Huizenga, Casperson, Stakoe, Bradstreet, Nofs, Stahl and Van Regenmorter introduced
House Bill No. 5164, entitled
A bill to amend 1975 PA 228, entitled "Single business tax act," by amending section 9 (MCL 208.9), as amended by 2001 PA 230.
The bill was read a first time by its title and referred to the Committee on Tax Policy.
Reps. Hoogendyk, Acciavatti, Garfield, Milosch, Drolet, Voorhees, Kooiman, Vander Veen, Shaffer, Hummel, Brandenburg, Sheen, Robertson, DeRoche, Huizenga, Casperson, Stakoe, Bradstreet, Stahl and Van Regenmorter introduced
House Bill No. 5165, entitled
A bill to amend 1967 PA 281, entitled "Income tax act of 1967," (MCL 206.1 to 206.532) by adding section 270.
The bill was read a first time by its title and referred to the Committee on Tax Policy.
Reps. Hoogendyk, Acciavatti, Garfield, Milosch, Drolet, Voorhees, Kooiman, Vander Veen, Shaffer, Hummel, Brandenburg, Sheen, Amos, Robertson, DeRoche, Huizenga, Casperson, Stakoe, Bradstreet, Stahl, Nofs and VanRegenmorter introduced
House Bill No. 5166, entitled
A bill to amend 1967 PA 281, entitled "Income tax act of 1967," by amending sections 30 and 30d (MCL 206.30 and 206.30d), section 30 as amended by 2002 PA 615 and section 30d as amended by 2000 PA 42; and to repeal acts and parts of acts.
The bill was read a first time by its title and referred to the Committee on Tax Policy.
Reps. Hoogendyk, Acciavatti, Garfield, Milosch, Drolet, Taub, Kooiman, Voorhees, Vander Veen, Shaffer, Hummel, Hager, Sheen, Robertson, Amos, DeRoche, Huizenga, Casperson, Stakoe, Bradstreet, Gillard, Stahl and Van Regenmorter introduced
House Bill No. 5167, entitled
A bill to amend 1967 PA 281, entitled "Income tax act of 1967," by amending section 267 (MCL 206.267), as added by 2000 PA 394; and to repeal acts and parts of acts.
The bill was read a first time by its title and referred to the Committee on Tax Policy.
Rep. Ward introduced
House Bill No. 5168, entitled
A bill to amend 1893 PA 206, entitled "The general property tax act," by amending sections 7cc, 7ee, and 24c (MCL 211.7cc, 211.7ee, and 211.24c), sections 7cc and 24c as amended by 2003 PA 140 and section 7ee as amended by 2003 PA 105.
The bill was read a first time by its title and referred to the Committee on Tax Policy.
Reps. Murphy, Whitmer, Reeves, Gleason, O'Neil, Phillips, Williams, Stallworth, Zelenko, Law, Clack, Plakas, Byrum, Sak, Tobocman, Cheeks, Accavitti, Bieda and Hardman introduced
House Bill No. 5169, entitled
A bill to amend 1970 PA 91, entitled "Child custody act of 1970," by amending section 7b (MCL 722.27b), as amended by 1996 PA 19.
The bill was read a first time by its title and referred to the Committee on Judiciary.
Reps. Pastor, LaJoy, Nofs, Amos, Robertson, Casperson, Acciavatti, Rocca, Drolet and Brandenburg introduced
House Bill No. 5170, entitled
A bill to amend 1931 PA 328, entitled "The Michigan penal code," by amending section 479a (MCL 750.479a), as amended by 2002 PA 270.
The bill was read a first time by its title and referred to the Committee on Criminal Justice.
Reps. Pastor, LaJoy, Nofs, Amos, Robertson, Casperson, Acciavatti, Rocca, Drolet and Brandenburg introduced
House Bill No. 5171, entitled
A bill to amend 1927 PA 175, entitled "The code of criminal procedure," by amending section 16x of chapter XVII (MCL 777.16x), as amended by 2002 PA 320.
The bill was read a first time by its title and referred to the Committee on Criminal Justice.
Announcements by the Clerk
October 8, 2003
Received from Schoolcraft College the audited financial statements and the management letter for the fiscal year ending June 30, 2003.
Gary L. Randall
Clerk of the House
By unanimous consent the House returned to the order of
Second Reading of Bills
Senate Bill No. 560, entitled
A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending section 3101 (MCL 324.3101), as amended by 2001 PA 114, and by adding sections 3122, 3123, and 3124.
Was read a second time, and the question being on the adoption of the proposed substitute (H-5) previously recommended by the Committee on Government Operations,
The substitute (H-5) was adopted, a majority of the members serving voting therefor.
Rep. Koetje moved to substitute (H-6) the bill.
The motion prevailed and the substitute (H-6) was adopted, a majority of the members serving voting therefor.
Rep. Koetje moved to amend the bill as follows:
1. Amend page 8, line 24, by striking out all of enacting section 1.
The motion prevailed and the amendment was adopted, a majority of the members serving voting therefor.
Rep. Bradstreet moved to amend the bill as follows:
1. Amend page 4, line 10, after "2005," by inserting "except as provided in subsection (6),".
2. Amend page 5, line 4, after "2005," by inserting "except as provided in subsection (6),".
3. Amend page 5, following line 11, by inserting:
"(6) A business with fewer than 20 employees is not subject to the application fee under subsection (2) or the annual groundwater discharge permit fee under subsection (5)." and renumbering the remaining subsections.
The question being on the adoption of the amendments offered by Rep. Bradstreet,
Rep. Bradstreet demanded the yeas and nays.
The demand was supported.
The question being on the adoption of the amendments offered by Rep. Bradstreet,
The amendments were adopted, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 527 Yeas--102
Accavitti Gaffney Meyer Shaffer
Acciavatti Garfield Middaugh Sheen
Adamini Gieleghem Milosch Sheltrown
Amos Gillard Moolenaar Shulman
Anderson Gleason Mortimer Smith
Bisbee Hager Murphy Spade
Bradstreet Hardman Newell Stahl
Brandenburg Hart Nitz Stakoe
Brown Hood Nofs Stallworth
Byrum Hoogendyk O'Neil Steil
Casperson Hopgood Paletko Stewart
Caswell Howell Palmer Tabor
Caul Huizenga Palsrok Tobocman
Cheeks Hummel Pappageorge Vagnozzi
Clack Hune Pastor Vander Veen
Condino Hunter Phillips Voorhees
Daniels Jamnick Plakas Walker
Dennis Johnson, Rick Pumford Ward
DeRoche Johnson, Ruth Reeves Wenke
DeRossett Julian Richardville Whitmer
Drolet Koetje Rivet Williams
Ehardt Kolb Robertson Wojno
Elkins Kooiman Rocca Woodward
Emmons LaJoy Sak Woronchak
Farhat Law Shackleton Zelenko
Farrah Lipsey
Nays--3
Bieda Meisner Waters
In The Chair: Julian
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Rep. Bieda, having reserved the right to explain his nay vote, made the following statement:
"Mr. Speaker and members of the House:
I voted against this particular amendment because I believe that basing the exemption on the number of employees is not the best threshold. A better approach to allowing an exemption for a small business would be to use similar thresholds based on revenue. There are small businesses that have a greater number of employees than 20, or that rely on large numbers of seasonal or part-time employees, that would not see any benefit from this exemption. On the other hand, businesses that have fewer employees, but substantially higher revenues, would be exempted. In addition, it appears that contract employees would not be considered for purposes of this exemption, and this could lead to increased incentives for job loss or job shifting. This would be contrary to the stated purpose of this amendment. I also have concerns that big polluters would use this exemption to structure their respective operations to avoid paying any permit fees, to the competitive disadvantage of other businesses in the state, to the endangerment of our environment, and to the detriment of the tax payers of this state as a whole. Therefore, for these reasons, I voted against this particular amendment."
Rep. Meisner moved to amend the bill as follows:
1. Amend page 4, line 10, after "October 1," by striking out "2005" and inserting "2008".
2. Amend page 5, line 4, after "October 1," by striking out "2005" and inserting "2008".
The question being on the adoption of the amendments offered by Rep. Meisner,
Rep. Meisner demanded the yeas and nays.
The demand was supported.
The question being on the adoption of the amendments offered by Rep. Meisner,
The amendments were not adopted, a majority of the members serving not voting therefor, by yeas and nays, as follows:
Roll Call No. 528 Yeas--47
Accavitti Farrah Meisner Spade
Adamini Gieleghem Minore Stallworth
Anderson Gillard Murphy Tobocman
Bieda Gleason O'Neil Vagnozzi
Brown Hood Paletko Waters
Byrum Hopgood Phillips Whitmer
Cheeks Hunter Plakas Williams
Clack Jamnick Reeves Wojno
Condino Kolb Rivet Woodward
Daniels Law Sak Woronchak
Dennis Lipsey Sheltrown Zelenko
Elkins McConico Smith
Nays--60
Acciavatti Garfield Meyer Rocca
Amos Hager Middaugh Shackleton
Bisbee Hardman Milosch Shaffer
Bradstreet Hart Moolenaar Sheen
Brandenburg Hoogendyk Mortimer Shulman
Casperson Howell Newell Stahl
Caswell Huizenga Nitz Stakoe
Caul Hummel Nofs Steil
DeRoche Hune Palmer Stewart
DeRossett Johnson, Rick Palsrok Tabor
Drolet Johnson, Ruth Pappageorge Vander Veen
Ehardt Julian Pastor Voorhees
Emmons Koetje Pumford Walker
Farhat Kooiman Richardville Ward
Gaffney LaJoy Robertson Wenke
In The Chair: Julian
Rep. Gieleghem moved to amend the bill as follows:
1. Amend page 4, line 18, after "period." by striking out the balance of the subsection.
The question being on the adoption of the amendment offered by Rep. Gieleghem,
Rep. Gieleghem demanded the yeas and nays.
The demand was supported.
The question being on the adoption of the amendment offered by Rep. Gieleghem,
The amendment was not adopted, a majority of the members serving not voting therefor, by yeas and nays, as follows:
Roll Call No. 529 Yeas--38
Accavitti Farrah McConico Smith
Adamini Gieleghem Meisner Tobocman
Anderson Hardman Minore Vagnozzi
Bieda Hood Murphy Waters
Byrum Hopgood O'Neil Whitmer
Cheeks Hunter Paletko Williams
Clack Jamnick Phillips Wojno
Condino Kolb Plakas Woodward
Daniels Law Sak Zelenko
Dennis Lipsey
Nays--68
Acciavatti Garfield Middaugh Shaffer
Amos Gillard Milosch Sheen
Bisbee Gleason Moolenaar Sheltrown
Bradstreet Hager Mortimer Shulman
Brandenburg Hart Newell Spade
Brown Hoogendyk Nitz Stahl
Casperson Howell Nofs Stakoe
Caswell Huizenga Palmer Stallworth
Caul Hummel Palsrok Steil
DeRoche Hune Pappageorge Stewart
DeRossett Johnson, Rick Pastor Tabor
Drolet Johnson, Ruth Pumford Vander Veen
Ehardt Julian Richardville Voorhees
Elkins Koetje Rivet Walker
Emmons Kooiman Robertson Ward
Farhat LaJoy Rocca Wenke
Gaffney Meyer Shackleton Woronchak
In The Chair: Julian
Rep. Farrah moved to amend the bill as follows:
1. Amend page 4, line 24, by striking out all of subsection (4) and renumbering the remaining subsections.
2. Amend page 5, line 14, after "subsection" by striking out "(5)" and inserting "(4)".
The question being on the adoption of the amendments offered by Rep. Farrah,
Rep. Farrah demanded the yeas and nays.
The demand was supported.
The question being on the adoption of the amendments offered by Rep. Farrah,
The amendments were not adopted, a majority of the members serving not voting therefor, by yeas and nays, as follows:
Roll Call No. 530 Yeas--50
Accavitti Gaffney Meisner Smith
Adamini Gieleghem Minore Spade
Anderson Gillard Murphy Stallworth
Bieda Gleason Nofs Tobocman
Brown Hardman O'Neil Vagnozzi
Byrum Hood Paletko Ward
Cheeks Hopgood Phillips Waters
Clack Hunter Plakas Whitmer
Condino Jamnick Reeves Williams
Daniels Kolb Rivet Wojno
Dennis Law Sak Woodward
Elkins Lipsey Sheltrown Zelenko
Farrah McConico
Nays--56
Acciavatti Garfield Meyer Rocca
Amos Hager Middaugh Shackleton
Bisbee Hart Milosch Shaffer
Bradstreet Hoogendyk Moolenaar Sheen
Brandenburg Howell Mortimer Shulman
Casperson Huizenga Newell Stahl
Caswell Hummel Nitz Stakoe
Caul Hune Palmer Steil
DeRoche Johnson, Rick Palsrok Stewart
DeRossett Johnson, Ruth Pappageorge Tabor
Drolet Julian Pastor Vander Veen
Ehardt Koetje Pumford Voorhees
Emmons Kooiman Richardville Walker
Farhat LaJoy Robertson Woronchak
In The Chair: Julian
Rep. Kolb moved to amend the bill as follows:
1. Amend page 7, line 4, after "programs." by striking out the balance of the subsection.
The question being on the adoption of the amendment offered by Rep. Kolb,
Rep. Kolb demanded the yeas and nays.
The demand was supported.
The question being on the adoption of the amendment offered by Rep. Kolb,
The amendment was not adopted, a majority of the members serving not voting therefor, by yeas and nays, as follows:
Roll Call No. 531 Yeas--42
Accavitti Farrah Lipsey Smith
Adamini Gieleghem McConico Spade
Bieda Gillard Meisner Stallworth
Brown Gleason Minore Tobocman
Byrum Hardman Murphy Vagnozzi
Cheeks Hood Phillips Waters
Clack Hopgood Reeves Whitmer
Condino Hunter Rivet Williams
Daniels Jamnick Sak Woodward
Dennis Kolb Sheltrown Zelenko
Elkins Law
Nays--64
Acciavatti Garfield Milosch Shackleton
Amos Hager Moolenaar Shaffer
Anderson Hart Mortimer Sheen
Bisbee Hoogendyk Newell Shulman
Bradstreet Howell Nitz Stahl
Brandenburg Huizenga Nofs Stakoe
Casperson Hummel O'Neil Steil
Caswell Hune Paletko Stewart
Caul Johnson, Rick Palmer Tabor
DeRoche Johnson, Ruth Palsrok Vander Veen
DeRossett Julian Pappageorge Voorhees
Drolet Koetje Pastor Walker
Ehardt Kooiman Pumford Ward
Emmons LaJoy Richardville Wenke
Farhat Meyer Robertson Wojno
Gaffney Middaugh Rocca Woronchak
In The Chair: Julian
Rep. Accavitti moved to amend the bill as follows:
1. Amend page 5, line 21, after "department" by striking out "and the governor".
The question being on the adoption of the amendment offered by Rep. Accavitti,
Rep. Accavitti demanded the yeas and nays.
The demand was supported.
The question being on the adoption of the amendment offered by Rep. Accavitti,
The amendment was not adopted, a majority of the members serving not voting therefor, by yeas and nays, as follows:
Roll Call No. 532 Yeas--48
Accavitti Farrah McConico Sheltrown
Adamini Gieleghem Meisner Smith
Anderson Gillard Minore Spade
Bieda Gleason Murphy Stallworth
Brown Hardman O'Neil Tobocman
Byrum Hood Paletko Vagnozzi
Cheeks Hopgood Phillips Waters
Clack Howell Plakas Whitmer
Condino Hunter Reeves Williams
Daniels Kolb Rivet Wojno
Dennis Law Rocca Woodward
Elkins Lipsey Sak Zelenko
Nays--58
Acciavatti Garfield Milosch Shaffer
Amos Hager Moolenaar Sheen
Bisbee Hart Mortimer Shulman
Bradstreet Hoogendyk Newell Stahl
Brandenburg Huizenga Nitz Stakoe
Casperson Hummel Nofs Steil
Caswell Hune Palmer Stewart
Caul Johnson, Rick Palsrok Tabor
DeRoche Johnson, Ruth Pappageorge Vander Veen
DeRossett Julian Pastor Voorhees
Drolet Koetje Pumford Walker
Ehardt Kooiman Richardville Ward
Emmons LaJoy Robertson Wenke
Farhat Meyer Shackleton Woronchak
Gaffney Middaugh
In The Chair: Julian
Reps. Palsrok and Walker moved to amend the bill as follows:
1. Amend page 4, line 10, after "2005," by inserting "except as otherwise provided in this section,".
2. Amend page 5, line 4, after "2005," by inserting "except as otherwise provided in this section,".
3. Amend page 5, following line 11, by inserting:
"(6) A person applying for or obtaining a permit under this part for an agricultural purpose is not subject to the application fee under subsection (2) or the annual groundwater discharge permit fee under subsection (5)." and renumbering the remaining subsections.
4. Amend page 5, following line 24, by inserting:
"(10) As used in this section, "agricultural purpose" means the agricultural production or processing of those plants and animals useful to human beings produced by agriculture and includes, but is not limited to, forages and sod crops, grains and feed crops, field crops, dairy animals and dairy products, poultry and poultry products, cervidae, livestock, including breeding and grazing, equine, fish and other aquacultural products, bees and bee products, berries, herbs, fruits, vegetables, flowers, seeds, grasses, nursery stock, trees and tree products, mushrooms, and other similar products, or any other product, as determined by the commission of agriculture, that incorporates the use of food, feed, fiber, or fur. Agricultural purpose includes an operation or facility that produces wine.".
The question being on the adoption of the amendments offered by Reps. Palsrok and Walker,
Rep. Palsrok demanded the yeas and nays.
The demand was supported.
The question being on the adoption of the amendments offered by Reps. Palsrok and Walker,
The amendments were adopted, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 533 Yeas--85
Accavitti Farrah Middaugh Shackleton
Acciavatti Gaffney Milosch Shaffer
Adamini Garfield Moolenaar Sheen
Amos Gillard Mortimer Sheltrown
Bieda Gleason Murphy Shulman
Bisbee Hager Newell Spade
Bradstreet Hart Nitz Stahl
Brandenburg Hoogendyk Nofs Stakoe
Brown Howell O'Neil Steil
Byrum Huizenga Palmer Stewart
Casperson Hummel Palsrok Tabor
Caswell Hune Pappageorge Vagnozzi
Caul Johnson, Rick Pastor Vander Veen
Clack Johnson, Ruth Phillips Voorhees
Dennis Julian Plakas Walker
DeRoche Koetje Pumford Ward
DeRossett Kolb Richardville Waters
Drolet Kooiman Rivet Wenke
Ehardt LaJoy Robertson Wojno
Elkins Law Rocca Woodward
Emmons Meyer Sak Woronchak
Farhat
Nays--17
Anderson Hood McConico Reeves
Condino Hopgood Meisner Stallworth
Daniels Hunter Minore Tobocman
Gieleghem Lipsey Paletko Zelenko
Hardman
In The Chair: Julian
Rep. Walker moved to amend the bill as follows:
1. Amend page 5, line 16, after "facility." by inserting "In addition, a municipality with a population under 2,500 is notsubject to the application fee under subsection (2) or the annual groundwater discharge permit fee under subsection (5).".
The question being on the adoption of the amendment offered by Rep. Walker,
Rep. Walker demanded the yeas and nays.
The demand was supported.
The question being on the adoption of the amendment offered by Rep. Walker,
The amendment was adopted, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 534 Yeas--88
Accavitti Emmons Meisner Sak
Acciavatti Farhat Meyer Shackleton
Adamini Farrah Middaugh Shaffer
Amos Garfield Milosch Sheen
Anderson Gieleghem Moolenaar Sheltrown
Bisbee Gillard Mortimer Shulman
Bradstreet Gleason Murphy Spade
Brandenburg Hager Newell Stahl
Brown Hardman Nitz Stakoe
Byrum Hart O'Neil Stewart
Casperson Hood Paletko Tabor
Caswell Hoogendyk Palmer Tobocman
Caul Hopgood Palsrok Vagnozzi
Cheeks Howell Pappageorge Vander Veen
Clack Huizenga Pastor Voorhees
Condino Hummel Plakas Walker
Daniels Hune Pumford Waters
Dennis Hunter Reeves Wenke
DeRossett Johnson, Ruth Richardville Williams
Drolet Julian Rivet Wojno
Ehardt LaJoy Robertson Woronchak
Elkins Law Rocca Zelenko
Nays--16
Bieda Johnson, Rick Lipsey Stallworth
DeRoche Koetje Minore Steil
Gaffney Kolb Nofs Ward
Jamnick Kooiman Smith Woodward
In The Chair: Julian
Rep. Bradstreet moved to amend the bill as follows:
1. Amend page 2, following line 23, by inserting:
"(j) "Local health department" means a local health department as defined in section 1105 of the public health code, 1978 PA 368, MCL 333.1105, with jurisdiction over the location of a discharge of wastewater to the ground or to groundwater." and relettering the remaining subdivisions.
2. Amend page 4, line 2, after "the" by striking out "department" and inserting "local health department".
3. Amend page 4, line 3, after "the" by striking out "department" and inserting "local health department".
4. Amend page 4, line 5, after "the" by striking out "department" and inserting "local health department".
5. Amend page 4, line 6, after the first "the" by striking out "department" and inserting "local health department".
6. Amend page 4, line 7, after "the" by striking out "department" and inserting "local health department".
7. Amend page 4, line 16, after the first "the" by striking out "department" and inserting "local health department".
8. Amend page 4, line 17, after the second "the" by striking out "department" and inserting "local health department".
9. Amend page 4, line 20, by striking out "department" and inserting "local health department".
10. Amend page 4, line 24, after "the" by striking out "department" and inserting "local health department".
11. Amend page 4, line 26, after the first "the" by striking out "department" and inserting "local health department".
12. Amend page 5, line 4, after "the" by striking out "department" and inserting "local health department".
13. Amend page 5, line 17, after "The" by striking out "department shall forward" and inserting "local health department shall retain 90% of the application fees collected under subsection (2) for permit issuance, compliance assurance, and enforcement activities and shall forward 10% of the".
14. Amend page 5, line 25, after "The" by striking out "department" and inserting "local health department".
15. Amend page 6, line 3, after "The" by striking out "department shall forward" and inserting "local health department shall retain 90% of the money collected pursuant to this section for permit issuance, compliance assurance, and enforcement activities and shall forward 10% of the".
16. Amend page 6, line 7, after "The" by striking out "department" and inserting "local health department".
17. Amend page 6, line 15, after "The" by inserting "local health department or the".
18. Amend page 7, line 4, after "programs." by striking out the balance of the subsection.
The question being on the adoption of the amendments offered by Rep. Bradstreet,
Rep. Bradstreet demanded the yeas and nays.
The demand was supported.
The question being on the adoption of the amendments offered by Rep. Bradstreet,
The amendments were not adopted, a majority of the members serving not voting therefor, by yeas and nays, as follows:
Roll Call No. 535 Yeas--47
Acciavatti Farhat Meyer Shackleton
Bisbee Garfield Milosch Shaffer
Bradstreet Hager Mortimer Sheen
Brandenburg Hart Newell Shulman
Casperson Hoogendyk Nitz Stahl
Caswell Howell Nofs Stakoe
Caul Huizenga Palmer Stewart
DeRoche Hummel Pappageorge Tabor
DeRossett Hune Pastor Voorhees
Drolet Johnson, Rick Pumford Wenke
Ehardt Julian Richardville Woronchak
Emmons LaJoy Robertson
Nays--60
Accavitti Gieleghem Meisner Smith
Adamini Gillard Middaugh Spade
Amos Gleason Minore Stallworth
Anderson Hardman Moolenaar Steil
Bieda Hood Murphy Tobocman
Brown Hopgood O'Neil Vagnozzi
Byrum Hunter Paletko Vander Veen
Cheeks Jamnick Palsrok Walker
Clack Johnson, Ruth Phillips Ward
Condino Koetje Plakas Waters
Daniels Kolb Reeves Whitmer
Dennis Kooiman Rivet Williams
Elkins Law Rocca Wojno
Farrah Lipsey Sak Woodward
Gaffney McConico Sheltrown Zelenko
In The Chair: Julian
Rep. Bradstreet moved to amend the bill as follows:
1. Amend page 5, following line 11, by inserting:
"(6) The following are not subject to the application fee under subsection (2) or the annual groundwater discharge permit fee under subsection (5):
(a) A private nonprofit organization.
(b) A school.
(c) A school district.
(d) A public college or university." and renumbering the remaining subsections.
The question being on the adoption of the amendment offered by Rep. Bradstreet,
Rep. Bradstreet demanded the yeas and nays.
The demand was supported.
The question being on the adoption of the amendment offered by Rep. Bradstreet,
The amendment was adopted, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 536 Yeas--101
Accavitti Gaffney Meisner Shaffer
Acciavatti Garfield Meyer Sheen
Amos Gieleghem Middaugh Sheltrown
Anderson Gillard Milosch Shulman
Bieda Gleason Moolenaar Smith
Bisbee Hager Mortimer Spade
Bradstreet Hardman Murphy Stahl
Brandenburg Hart Newell Stakoe
Brown Hood Nitz Stallworth
Byrum Hoogendyk Nofs Steil
Casperson Hopgood O'Neil Stewart
Caswell Howell Paletko Tabor
Caul Huizenga Palmer Tobocman
Cheeks Hummel Palsrok Vagnozzi
Clack Hune Pappageorge Vander Veen
Condino Hunter Pastor Voorhees
Daniels Jamnick Plakas Walker
Dennis Johnson, Rick Pumford Ward
DeRoche Johnson, Ruth Reeves Waters
DeRossett Julian Richardville Wenke
Drolet Koetje Rivet Williams
Ehardt Kolb Robertson Wojno
Elkins Kooiman Rocca Woodward
Emmons LaJoy Sak Woronchak
Farhat Law Shackleton Zelenko
Farrah
Nays--0
In The Chair: Julian
Rep. Acciavatti moved to amend the bill as follows:
1. Amend page 5, following line 11, by inserting:
"(6) Construction companies discharging groundwater for the purpose of lowering a water table temporarily are not subject to the application fee under subsection (2) or the annual groundwater discharge permit fee under subsection (5)." and renumbering the remaining subsections.
The motion prevailed and the amendment was adopted, a majority of the members serving voting therefor.
Rep. Tobocman moved to amend the bill as follows:
1. Amend page 5, line 24, after "section." by inserting "In addition, each member of the legislature shall provide this notification to each permit holder located within his or her legislative district.".
The question being on the adoption of the amendment offered by Rep. Tobocman,
Rep. Tobocman demanded the yeas and nays.
The demand was supported.
The question being on the adoption of the amendment offered by Rep. Tobocman,
The amendment was not adopted, a majority of the members serving not voting therefor, by yeas and nays, as follows:
Roll Call No. 537 Yeas--32
Accavitti Elkins Lipsey Smith
Adamini Farrah McConico Stallworth
Bieda Gieleghem Meisner Tobocman
Byrum Gillard Paletko Vagnozzi
Cheeks Gleason Phillips Waters
Condino Hood Plakas Whitmer
Daniels Hopgood Reeves Wojno
Dennis Law Sheltrown Woodward
Nays--68
Acciavatti Garfield Meyer Shackleton
Amos Hager Middaugh Shaffer
Anderson Hart Milosch Sheen
Bisbee Hoogendyk Moolenaar Shulman
Bradstreet Howell Mortimer Spade
Brandenburg Huizenga Newell Stahl
Casperson Hummel Nitz Stakoe
Caswell Hune Nofs Steil
Caul Hunter O'Neil Stewart
Clack Jamnick Palmer Tabor
DeRoche Johnson, Rick Pappageorge Vander Veen
DeRossett Johnson, Ruth Pastor Voorhees
Drolet Julian Pumford Walker
Ehardt Koetje Richardville Ward
Emmons Kolb Robertson Wenke
Farhat Kooiman Rocca Woronchak
Gaffney LaJoy Sak Zelenko
In The Chair: Julian
Rep. Koetje moved to substitute (H-7) the bill.
The motion prevailed and the substitute (H-7) was adopted, a majority of the members serving voting therefor.
Rep. Richardville moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
Rep. Waters moved to reconsider the vote by which the House placed the bill on the order of Third Reading of Bills.
The motion did not prevail, a majority of the members present not voting therefor.
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. 560, entitled
A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending section 3101 (MCL 324.3101), as amended by 2001 PA 114, and by adding sections 3122, 3123, and 3124.
The bill was read a third time.
The question being on the passage of the bill,
Rep. Byrum moved that consideration of the bill be postponed temporarily.
The motion prevailed.
Second Reading of Bills
Senate Bill No. 252, entitled
A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending sections 3111 and 3113 (MCL 324.3111 and 324.3113) and by adding sections 3120 and 3121.
Was read a second time, and the question being on the adoption of the proposed substitute (H-3) previously recommended by the Committee on Government Operations,
The substitute (H-3) was adopted, a majority of the members serving voting therefor.
Rep. Koetje 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. Koetje moved to amend the bill as follows:
1. Amend page 23, following line 16, by inserting:
"(11) Within 30 days after the effective date of the amendatory act that added this section, the department and the governor shall notify each person holding a permit under this part authorizing a discharge into surface water, other than a storm water permit, of the requirements of this section." and renumbering the remaining subsection.
The motion prevailed and the amendment was adopted, a majority of the members serving voting therefor.
Rep. Meyer moved to amend the bill as follows:
1. Amend page 19, line 20, after "2008," by inserting "except as provided in subsection (6),".
2. Amend page 20, line 18, after "2008," by inserting "except as provided in subsection (6),".
3. Amend page 22, following line 5, by inserting:
"(6) A person applying for or obtaining a permit under this part for an agricultural purpose is not subject to the application fee under subsection (1) or the annual permit fee under subsection (5)." and renumbering the remaining subsections.
4. Amend page 23, following line 17, by inserting:
"(a) "Agricultural purpose" means the agricultural production or processing of those plants and animals useful to human beings produced by agriculture and includes, but is not limited to, forages and sod crops, grains and feed crops, field crops, dairy animals and dairy products, poultry and poultry products, cervidae, livestock, including breeding and grazing, equine, fish and other aquacultural products, bees and bee products, berries, herbs, fruits, vegetables, flowers, seeds, grasses, nursery stock, trees and tree products, mushrooms, and other similar products, or any other product, as determined by the commission of agriculture, that incorporates the use of food, feed, fiber, or fur. Agricultural purpose includes an operation or facility that produces wine." and relettering the remaining subdivisions.
The motion prevailed and the amendments were adopted, a majority of the members serving voting therefor.
Rep. Farhat moved to amend the bill as follows:
1. Amend page 28, line 5, by striking out all of enacting section 1.
The motion did not prevail and the amendment was not adopted, a majority of the members serving not voting therefor.
______
Rep. Waters moved that Rep. Reeves be excused from the balance of today's session.
The motion prevailed.
Rep. Brandenburg moved to amend the bill as follows:
1. Amend page 25, line 27, after "submittals." by inserting "The department shall conduct unannounced, on-site inspections of each EPA major facility as defined in section 3120 at least once a year. The department shall conduct unannounced, on-site inspections of all other facilities described in section 3120 at least once every other year.".
The question being on the adoption of the amendment offered by Rep. Brandenburg,
Rep. Brandenburg demanded the yeas and nays.
The demand was supported.
The question being on the adoption of the amendment offered by Rep. Brandenburg,
The amendment was not adopted, a majority of the members serving not voting therefor, by yeas and nays, as follows:
Roll Call No. 538 Yeas--51
Accavitti Gieleghem McConico Stallworth
Acciavatti Gillard Meisner Stewart
Bieda Gleason Minore Tobocman
Brandenburg Hardman Nofs Vagnozzi
Byrum Hart Paletko Vander Veen
Caul Hood Pastor Waters
Cheeks Hopgood Phillips Whitmer
Clack Hunter Plakas Williams
Condino Johnson, Ruth Pumford Wojno
Daniels Kolb Rocca Woodward
Dennis Kooiman Sak Woronchak
Elkins Law Sheltrown Zelenko
Farrah Lipsey Spade
Nays--52
Adamini Farhat Meyer Shackleton
Amos Gaffney Middaugh Shaffer
Anderson Garfield Milosch Sheen
Bisbee Hager Moolenaar Shulman
Bradstreet Hoogendyk Mortimer Smith
Brown Howell Newell Stahl
Casperson Huizenga Nitz Stakoe
Caswell Hummel O'Neil Steil
DeRoche Hune Palmer Tabor
DeRossett Johnson, Rick Palsrok Voorhees
Drolet Julian Pappageorge Walker
Ehardt Koetje Richardville Ward
Emmons LaJoy Robertson Wenke
In The Chair: Julian
Rep. Tobocman moved to amend the bill as follows:
1. Amend page 20, line 18, after "2008," by inserting "subject to subsection (6),".
2. Amend page 22, following line 5, by inserting:
"(6) The annual permit fee under subsection (5) shall be twice the applicable amount provided in subsection (5) if, during the previous year, the permittee was in significant noncompliance." and renumbering the remaining subsections.
3. Amend page 24, following line 27, by inserting:
"(m) "Significant noncompliance" means any of the following:
(i) Either of the following effluent violations of monthly average limits:
(A) A 40% exceedance of a specific pollutant limit for a group I parameter or a 20% exceedance of a specific pollutant limit for a group II parameter at a given outfall for any 2 or more months during 2 consecutive quarter review periods.
(B) Chronic violations of any monthly effluent limit for group I or group II parameters at a given outfall by any amount for any 4 or more months during 2 consecutive quarter review periods.
(ii) Any other effluent violations that cause or have the potential to cause a water quality problem such as fish killsor oil sheens or human health problem such as beach closing, fishing bans, or other restrictions of beneficial uses.
(iii) Noneffluent violations such as an unauthorized bypass, unpermitted discharge, or pass-through of pollutants that causes or has the potential to cause a water quality problem such as fish kills or oil sheens or human health problems such as beach closing, fishing bans, or other restrictions of beneficial uses. Significant noncompliance under this subparagraph includes both of the following:
(A) The failure of a publicly owned treatment works to implement or enforce an approved industrial pretreatment program.
(B) A violation of a narrative requirement or any other violation of concern to the department.
(iv) A permit schedule violation such as the failure to start construction, end construction, or attain final compliance within 90 days of the scheduled date. Significant noncompliance includes failure to meet any pretreatment schedule milestone by 90 days or more.
(v) A permit reporting violations such as discharge monitoring reports, POTW pretreatment performance reports, and the compliance schedule final report of progress indicating whether final compliance has been attained that are not submitted at all or are submitted 30 or more days late.
(vi) Enforcement order violations including both of the following:
(A) Any violation of a judicial order.
(B) Any violation of an effluent limit or other water quality or health-related requirement of an administrative consent order. However, if an administrative consent order limit is as stringent as an applicable permit limit, the facility is in significant noncompliance only if the permit effluent criteria, set out in subparagraph (i) or (ii), are met." and relettering the remaining subdivision.
The question being on the adoption of the amendments offered by Rep. Tobocman,
Rep. Tobocman demanded the yeas and nays.
The demand was supported.
The question being on the adoption of the amendments offered by Rep. Tobocman,
The amendments were not adopted, a majority of the members serving not voting therefor, by yeas and nays, as follows:
Roll Call No. 539 Yeas--42
Accavitti Gleason Minore Stallworth
Anderson Hardman Murphy Tobocman
Bieda Hart O'Neil Vagnozzi
Byrum Hopgood Paletko Waters
Cheeks Hunter Phillips Whitmer
Clack Johnson, Ruth Plakas Williams
Condino Kolb Rocca Wojno
Dennis Law Sak Woodward
Farrah Lipsey Smith Woronchak
Gieleghem McConico Spade Zelenko
Gillard Meisner
Nays--60
Acciavatti Emmons Meyer Shackleton
Adamini Farhat Middaugh Shaffer
Amos Gaffney Milosch Sheen
Bisbee Garfield Moolenaar Sheltrown
Bradstreet Hager Mortimer Shulman
Brandenburg Hoogendyk Newell Stahl
Brown Howell Nitz Stakoe
Casperson Huizenga Nofs Steil
Caswell Hummel Palmer Stewart
Caul Hune Palsrok Tabor
DeRoche Johnson, Rick Pappageorge Vander Veen
DeRossett Julian Pastor Voorhees
Drolet Koetje Richardville Walker
Ehardt Kooiman Rivet Ward
Elkins LaJoy Robertson Wenke
In The Chair: Julian
Rep. Meisner moved to amend the bill as follows:
1. Amend page 20, line 18, after "(5)" by striking out "Until October 1, 2008," and inserting "Subject to subsection (6),".
2. Amend page 22, following line 5, by inserting:
"(6) The department shall promulgate rules that take effect October 1, 2006, to increase the amount of money generated under subsection (5) to equal 136% of the total state funding provided for the state's national pollutant discharge elimination system program as provided in 2003 PA 171 and 2003 PA 173. It is the intent of the legislature that general fund/general purpose taxpayer subsidies for the state's national pollutant discharge elimination system program be eliminated after September 30, 2006." and renumbering the remaining subsections.
3. Amend page 22, line 7, after "under" by striking out "subsection (5)" and inserting "subsections (5) and (6)".
4. Amend page 22, line 12, after "under" by striking out "subsection (5)" and inserting "subsections (5) and (6)".
The question being on the adoption of the amendments offered by Rep. Meisner,
Rep. Meisner demanded the yeas and nays.
The demand was supported.
The question being on the adoption of the amendments offered by Rep. Meisner,
The amendments were not adopted, a majority of the members serving not voting therefor, by yeas and nays, as follows:
Roll Call No. 540 Yeas--48
Accavitti Elkins Lipsey Smith
Adamini Farrah McConico Spade
Anderson Gieleghem Meisner Stallworth
Bieda Gillard Minore Tobocman
Brandenburg Gleason Murphy Vagnozzi
Brown Hardman O'Neil Waters
Byrum Hood Paletko Whitmer
Cheeks Hopgood Phillips Williams
Clack Hunter Plakas Wojno
Condino Jamnick Rivet Woodward
Daniels Kolb Sak Woronchak
Dennis Law Sheltrown Zelenko
Nays--58
Acciavatti Hager Milosch Shackleton
Amos Hart Moolenaar Shaffer
Bisbee Hoogendyk Mortimer Sheen
Bradstreet Howell Newell Shulman
Casperson Huizenga Nitz Stahl
Caswell Hummel Nofs Stakoe
Caul Hune Palmer Steil
DeRoche Johnson, Rick Palsrok Stewart
DeRossett Johnson, Ruth Pappageorge Tabor
Drolet Julian Pastor Vander Veen
Ehardt Koetje Pumford Voorhees
Emmons Kooiman Richardville Walker
Farhat LaJoy Robertson Ward
Gaffney Meyer Rocca Wenke
Garfield Middaugh
In The Chair: Julian
Rep. Condino moved to amend the bill as follows:
1. Amend page 22, line 2, by striking out all of subdivision (g).
The question being on the adoption of the amendment offered by Rep. Condino,
Rep. Condino demanded the yeas and nays.
The demand was supported.
The question being on the adoption of the amendment offered by Rep. Condino,
The amendment was not adopted, a majority of the members serving not voting therefor, by yeas and nays, as follows:
Roll Call No. 541 Yeas--43
Accavitti Elkins Law Smith
Adamini Farrah Lipsey Stallworth
Anderson Gieleghem Meisner Tobocman
Bieda Gillard Minore Vagnozzi
Byrum Gleason Murphy Waters
Caul Hardman O'Neil Whitmer
Cheeks Hood Paletko Williams
Clack Hopgood Phillips Wojno
Condino Hunter Plakas Woodward
Daniels Jamnick Rivet Zelenko
Dennis Kolb Sak
Nays--59
Acciavatti Hager Moolenaar Sheen
Amos Hoogendyk Mortimer Shulman
Bisbee Howell Newell Spade
Bradstreet Huizenga Nitz Stahl
Brandenburg Hummel Nofs Stakoe
Casperson Hune Palmer Steil
Caswell Johnson, Rick Palsrok Stewart
DeRoche Johnson, Ruth Pappageorge Tabor
DeRossett Julian Pastor Vander Veen
Drolet Koetje Pumford Voorhees
Ehardt Kooiman Richardville Walker
Emmons LaJoy Robertson Ward
Farhat Meyer Rocca Wenke
Gaffney Middaugh Shackleton Woronchak
Garfield Milosch Shaffer
In The Chair: Julian
Rep. Lipsey moved to amend the bill as follows:
1. Amend page 6, line 10, after "business." by striking out the balance of the line through "occur." on line 13.
The question being on the adoption of the amendment offered by Rep. Lipsey,
Rep. Lipsey demanded the yeas and nays.
The demand was supported.
The question being on the adoption of the amendment offered by Rep. Lipsey,
The amendment was not adopted, a majority of the members serving not voting therefor, by yeas and nays, as follows:
Roll Call No. 542 Yeas--39
Accavitti Gieleghem Lipsey Smith
Anderson Gleason McConico Stallworth
Bieda Hardman Meisner Tobocman
Byrum Hart Minore Vagnozzi
Cheeks Hood Murphy Waters
Clack Hopgood O'Neil Whitmer
Condino Hunter Paletko Wojno
Daniels Jamnick Phillips Woodward
Dennis Kolb Plakas Zelenko
Farrah Law Sak
Nays--65
Acciavatti Gaffney Middaugh Shackleton
Adamini Garfield Milosch Shaffer
Amos Gillard Moolenaar Sheen
Bisbee Hager Mortimer Sheltrown
Bradstreet Hoogendyk Newell Shulman
Brandenburg Howell Nitz Spade
Brown Huizenga Nofs Stahl
Casperson Hummel Palmer Stakoe
Caswell Hune Palsrok Steil
Caul Johnson, Rick Pappageorge Stewart
DeRoche Johnson, Ruth Pastor Tabor
DeRossett Julian Pumford Vander Veen
Drolet Koetje Richardville Walker
Ehardt Kooiman Rivet Ward
Elkins LaJoy Robertson Wenke
Emmons Meyer Rocca Woronchak
Farhat
In The Chair: Julian
Rep. Farrah moved to amend the bill as follows:
1. Amend page 20, line 11, by striking out all of subsection (4) and renumbering the remaining subsections.
2. Amend page 22, line 7, after the second "subsection" by striking out "(5)" and inserting "(4)".
3. Amend page 22, line 12, after "subsection" by striking out "(5)" and inserting "(4)".
The question being on the adoption of the amendments offered by Rep. Farrah,
Rep. Farrah demanded the yeas and nays.
The demand was supported.
The question being on the adoption of the amendments offered by Rep. Farrah,
The amendments were not adopted, a majority of the members serving not voting therefor, by yeas and nays, as follows:
Roll Call No. 543 Yeas--50
Accavitti Farrah McConico Spade
Adamini Gaffney Meisner Stallworth
Anderson Gieleghem Minore Tobocman
Bieda Gillard Murphy Vagnozzi
Brandenburg Gleason O'Neil Ward
Brown Hardman Paletko Waters
Byrum Hood Phillips Whitmer
Cheeks Hopgood Plakas Williams
Clack Hunter Rivet Wojno
Condino Jamnick Sak Woodward
Daniels Kolb Sheltrown Woronchak
Dennis Law Smith Zelenko
Elkins Lipsey
Nays--54
Acciavatti Hoogendyk Moolenaar Shackleton
Amos Howell Mortimer Shaffer
Bisbee Huizenga Newell Sheen
Casperson Hummel Nitz Shulman
Caswell Hune Nofs Stahl
Caul Johnson, Rick Palmer Stakoe
DeRoche Johnson, Ruth Palsrok Steil
DeRossett Julian Pappageorge Stewart
Drolet Koetje Pastor Tabor
Emmons Kooiman Pumford Vander Veen
Farhat LaJoy Richardville Voorhees
Garfield Meyer Robertson Walker
Hager Middaugh Rocca Wenke
Hart Milosch
In The Chair: Julian
Rep. Tobocman moved to amend the bill as follows:
1. Amend page 1, line 1, by striking out all of section 3103.
The motion did not prevail and the amendment was not adopted, a majority of the members serving not voting therefor.
Rep. Tobocman moved to amend the bill as follows:
1. Amend page 23, following line 16, by inserting:
"(11) Within 30 days after the effective date of the amendatory act that added this section, each legislator shall notify the permittees within his or her district that are authorized to discharge into surface water, other than storm water discharges, of the requirements of this section." and renumbering the remaining subsection.
The motion did not prevail and the amendment was not adopted, a majority of the members serving not voting therefor.
Rep. Kolb moved to amend the bill as follows:
1. Amend page 25, line 15, after "(4)" by striking out "Subject to subsection (5), the" and inserting "The".
2. Amend page 26, line 4, by striking out all of subsection (5) and renumbering the remaining subsection.
The question being on the adoption of the amendments offered by Rep. Kolb,
Rep. Kolb demanded the yeas and nays.
The demand was supported.
The question being on the adoption of the amendments offered by Rep. Kolb,
The amendments were not adopted, a majority of the members serving not voting therefor, by yeas and nays, as follows:
Roll Call No. 544 Yeas--44
Accavitti Gieleghem McConico Spade
Anderson Gillard Meisner Stallworth
Bieda Gleason Minore Tobocman
Brown Hardman Murphy Vagnozzi
Cheeks Hood O'Neil Waters
Clack Hopgood Paletko Whitmer
Condino Hunter Plakas Williams
Daniels Jamnick Rivet Wojno
Dennis Kolb Sak Woodward
Elkins Law Sheltrown Woronchak
Farrah Lipsey Smith Zelenko
Nays--59
Acciavatti Garfield Middaugh Shackleton
Adamini Hager Milosch Shaffer
Amos Hart Moolenaar Sheen
Bisbee Hoogendyk Mortimer Shulman
Brandenburg Howell Newell Stahl
Casperson Huizenga Nitz Stakoe
Caswell Hummel Nofs Steil
Caul Hune Palmer Stewart
DeRoche Johnson, Rick Palsrok Tabor
DeRossett Johnson, Ruth Pappageorge Vander Veen
Drolet Julian Pastor Voorhees
Ehardt Koetje Pumford Walker
Emmons Kooiman Richardville Ward
Farhat LaJoy Robertson Wenke
Gaffney Meyer Rocca
In The Chair: Julian
Rep. Farhat moved to reconsider the vote by which the House did not adopt the amendment offered previously by Rep. Farhat.
The motion prevailed, a majority of the members present voting therefor.
The question being on the adoption of the amendment offered previously by Rep. Farhat,
Rep. Farhat demanded the yeas and nays.
The demand was supported.
The question being on the adoption of the amendment offered previously by Rep. Farhat,
The amendment was adopted, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 545 Yeas--65
Accavitti Gaffney Meisner Spade
Acciavatti Gieleghem Minore Stakoe
Adamini Gillard Moolenaar Stallworth
Anderson Gleason Murphy Stewart
Bieda Hardman Nofs Tobocman
Brandenburg Hood O'Neil Vagnozzi
Brown Hopgood Paletko Vander Veen
Byrum Howell Palsrok Walker
Caul Hunter Phillips Ward
Cheeks Jamnick Plakas Waters
Clack Johnson, Ruth Rivet Wenke
Condino Kolb Rocca Whitmer
Daniels Kooiman Sak Williams
Dennis Law Sheltrown Wojno
Elkins Lipsey Shulman Woronchak
Farhat McConico Smith Zelenko
Farrah
Nays--38
Amos Garfield LaJoy Pastor
Bisbee Hager Meyer Richardville
Bradstreet Hart Middaugh Robertson
Casperson Hoogendyk Milosch Shaffer
Caswell Huizenga Mortimer Sheen
DeRoche Hummel Newell Stahl
DeRossett Hune Nitz Steil
Drolet Johnson, Rick Palmer Tabor
Ehardt Julian Pappageorge Voorhees
Emmons Koetje
In The Chair: Julian
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. 252, entitled
A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending sections 3111 and 3113 (MCL 324.3111 and 324.3113) and by adding sections 3120 and 3121.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 546 Yeas--79
Accavitti Gleason Minore Smith
Acciavatti Hager Moolenaar Spade
Adamini Hardman Murphy Stakoe
Amos Hart Newell Stallworth
Anderson Hood Nofs Steil
Bieda Hopgood O'Neil Stewart
Brandenburg Howell Paletko Tobocman
Brown Hunter Palsrok Vagnozzi
Byrum Jamnick Pappageorge Vander Veen
Cheeks Johnson, Rick Phillips Walker
Clack Julian Plakas Ward
Condino Koetje Pumford Waters
Daniels Kolb Richardville Wenke
Dennis Kooiman Rivet Whitmer
Elkins LaJoy Rocca Williams
Farhat Law Sak Wojno
Farrah Lipsey Shackleton Woodward
Gaffney McConico Shaffer Woronchak
Gieleghem Meisner Sheltrown Zelenko
Gillard Meyer Shulman
Nays--27
Bisbee Drolet Hune Pastor
Bradstreet Ehardt Johnson, Ruth Robertson
Casperson Emmons Middaugh Sheen
Caswell Garfield Milosch Stahl
Caul Hoogendyk Mortimer Tabor
DeRoche Huizenga Nitz Voorhees
DeRossett Hummel Palmer
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 amend 1994 PA 451, entitled "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," by amending sections 3103, 3112, 3113, 3115, 3118, and 3119 (MCL 324.3103, 324.3112, 324.3113, 324.3115, 324.3118, and 324.3119), section 3118 as amended by 1999 PA 35 and section 3119 as amended by 1999 PA 106, and by adding sections 3120 and 3121; and to repeal acts and parts of acts.
The motion prevailed.
The House agreed to the title as amended.
Rep. Richardville moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
______
Reps. Drolet and Hoogendyk, 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:
Last week, we learned that this state, with fewer than 5% of the nation's workers, has accounted for nearly a quarter of the jobs lost nationwide over the last two years. Michigan is a national powerhouse for job destruction.
This appalling and depressing title isn't enough for the governor, who has requested this legislation and the two others like it so as to impose unprecedented fees on the businesses that must pull us out of this depression. Given the timing, the following conclusion is inescapable: When the governor signs these fee increases into law, she signs a formal declaration of war against Michigan's economy.
And for what? This new scheme has little to do with polluters or water quality. The costs assessed on businesses will be allocated based upon the volume of water used, and less on any rational estimation of the pollution risk that they pose to the water. A trout farmer will pay excessively because he diverts a substantial amount of river water so as to 'pollute' it with fish! This is the governor's Flow Tax little more than a scam to divert money from non-polluting businesses that need it into the hands of regulators who will be turned back on those same business people. Little pollution will be found, and little economic activity will occur, while the inspections are in progress.
The governor's war against the economy has real names. Dave and Pam's Corner Store in Azalia, the Short Stop Grocery in Grand Rapids, the D&D Party Store in Hart, the Clifford Smart Middle School in Walled Lake, the Spring Valley Trout Farm in Dexter, the Huron Valley Humane Society in Ann Arbor, the United Pentecostal Church Campground in Marshall, and hundreds of other institutions and businesses just like them will pay hundreds and thousands of dollars in Flow Taxes if the governor gets her way. They are the 'enemy' in the governor's war against jobs providers.
If we do not give the governor this Flow Tax, she and her allies will no doubt portray this House as an enemy of the environment. Indeed, it depresses me to know that this sort of political pressure will no doubt sway many reluctant votes to her side today. So, it bears noting that this pollution discharge program has been functioning in a timely way for some time without these fees, that the program has historically been funded through proceeds from Michigan's disproportionately high business taxes, and that other Great Lakes' states with fees such as these have substantially lower business taxes.
But Michigan's high taxes are not enough for the governor. Accounting for one out of every four lost jobs in America just isn't horrible enough. Our job creators are still too free. They need a Flow Tax to finish them off. When Governor Granholm finds herself as the last person to leave Michigan, I do hope she remembers to shut off the lights."
Rep. Middaugh, having reserved the right to explain her protest against the passage of the bill, made the following statement:
"Mr. Speaker and members of the House:
Governmental programs and fees should be tailored to prohibit bad behavior and reward good behavior. These new NPDES fees are based ONLY on the volume of water being discharged with no regard to the toxicity of that water. Our goal should be to make sure polluters pay more. This bill does nothing to discourage toxic releases. It does penalize those who discharge clean water into the environment. For that reason, I am voting against this version the bill."
The House returned to the consideration of
Senate Bill No. 560, entitled
A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending section 3101 (MCL 324.3101), as amended by 2001 PA 114, and by adding sections 3122, 3123, and 3124.
(The bill was considered earlier today, see today's Journal p. 1870.)
The question being on the passage of the bill,
The bill was then not passed, a majority of the members serving not voting therefor, by yeas and nays, as follows:
Roll Call No. 547 Yeas--36
Accavitti Hopgood Minore Smith
Anderson Hunter Moolenaar Stallworth
Bieda Jamnick Murphy Tobocman
Brown Johnson, Rick O'Neil Waters
Condino Koetje Paletko Whitmer
Daniels Kolb Phillips Williams
Farrah Law Plakas Wojno
Gaffney Lipsey Rivet Woronchak
Gieleghem Meisner Shulman Zelenko
Nays--63
Acciavatti Farhat Middaugh Shaffer
Adamini Garfield Milosch Sheen
Amos Gillard Mortimer Sheltrown
Bisbee Gleason Newell Spade
Bradstreet Hager Nitz Stahl
Brandenburg Hart Nofs Stakoe
Casperson Hoogendyk Palmer Steil
Caswell Howell Palsrok Stewart
Caul Huizenga Pappageorge Tabor
Clack Hummel Pastor Vagnozzi
DeRoche Hune Pumford Vander Veen
DeRossett Johnson, Ruth Richardville Voorhees
Drolet Julian Robertson Walker
Ehardt Kooiman Rocca Ward
Elkins LaJoy Sak Wenke
Emmons Meyer Shackleton
In The Chair: Julian
Rep. Richardville moved to reconsider the vote by which the House did not pass the bill.
The motion prevailed, a majority of the members serving voting therefor.
The question being on the passage of the bill,
Rep. Richardville moved that consideration of the bill be postponed for the day.
The motion prevailed.
By unanimous consent the House returned to the order of
Motions and Resolutions
Reps. Hoogendyk, Stahl, Pastor, Garfield, Milosch, Voorhees, Vander Veen, Sheen, DeRoche, Huizenga, Caswell, Nitz, Bradstreet, Brandenburg, Ehardt, Meyer, Hager, Hune, Julian, Lipsey, Mortimer, O'Neil, Stakoe, Stallworth and Tabor offered the following resolution:
House Resolution No. 141.
A resolution to urge Michigan's public universities to reexamine all class offerings and refrain from offering classes or university-sanctioned activities that promote or facilitate participation in a sexual lifestyle or practices other than heterosexual monogamy.
Whereas, Some of Michigan's public universities offer classes that study issues related to sexuality that appear to be inconsistent with the expectations and values of the majority of Michigan citizens. This fact has raised concerns across our state. This concern is mirrored in the response to certain classes at universities across the country; and
Whereas, While academic studies entailing controversy can be a productive component in the educational experience, there may be classes at Michigan universities that go far beyond appropriate subject matter. Some of the courses offered at public universities in our state appear to promote homosexuality and practices and lifestyles that are strongly at odds with the practices and traditions of the taxpayers that help make these studies possible; and
Whereas, An example of a class offered in some of our state universities is "How to be Gay: Male Homosexuality and Initiation." This type of class does not promote activities consistent with the heterosexual monogamy that reflects our society's most important institutions; now, therefore, be it
Resolved by the House of Representatives, That we urge Michigan's public universities to reexamine all class offerings and refrain from offering classes or university-sanctioned activities that promote or facilitate participation in a sexual lifestyle or practices other than heterosexual monogamy; and be it further
Resolved, That copies of this resolution be transmitted to the controlling boards of Michigan's public universities.
The resolution was referred to the Committee on Higher Education.
Reps. Hager, Ehardt, Meyer, Vander Veen, Accavitti, Adamini, Brown, Byrum, Clack, Dennis, DeRossett, Elkins, Farhat, Garfield, Gleason, Hoogendyk, Hune, Julian, Koetje, Kooiman, McConico, Milosch, Mortimer, Murphy, Nitz, Nofs, Pastor, Richardville, Rocca, Sak, Sheltrown, Spade, Stallworth, Tabor, Vagnozzi, Voorhees and Zelenko offered the following resolution:
House Resolution No. 143.
A resolution designating November 2003 as Michigan Venison Month.
Whereas, The agriculture and food sector is Michigan's second-largest industry, annually contributing more than $37billion to the state economy. Production agriculture and the food industry employ approximately 500,000 Michigan residents; and
Whereas, Michigan agriculture is the second most diverse in the nation, producing more than 125 different commodities, including the raising of privately owned cervidae (deer and elk); and
Whereas, Michigan has approximately 735 privately owned cervidae facilities across the state, with more than 28,000 head of livestock. This ranks our state near the top for privately owned cervidae inventories in the United States, with Kent and Genesee counties ranking among the highest producing counties nationally; and
Whereas, In cooperation with the Michigan Department of Agriculture, the privately owned cervidae producers in our state have elected to develop the Deer and Elk Marketing Program to promote the raising and selling of deer and elk and their products, especially venison; and
Whereas, Michigan is the eighth most populous state in the nation, providing an extensive and diverse marketplace for venison producers; and
Whereas, Deer hunting is one of our state's most popular recreational activities, as well as a time-honored, annual tradition for thousands of Michigan families; and
Whereas, Every autumn, more than 700,000 hunters spend over 10 million combined days in the field attempting to tag a deer and fill their freezers with venison. Consequently, Michigan hunters were successful in harvesting more than 476,000 deer during the 2002 hunting seasons; and
Whereas, Private cervidae operations, deer hunting and other hunting-related purchases generate millions of dollars for Michigan's economy each year; now, therefore, be it
Resolved by the House of Representatives, That the members of this legislative body hereby designate November 2003 as Michigan Venison Month; and be it further
Resolved, That a copy of this resolution be transmitted to the Michigan Department of Agriculture, the Michigan Department of Natural Resources, the Michigan Deer and Elk Marketing Program, and the Michigan Deer and Elk Farmers Association.
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, Brandenburg, Ehardt, Reeves, Accavitti, Adamini, Anderson, Brown, Byrum, Clack, DeRossett, Elkins, Garfield, Gleason, Hager, Hunter, Jamnick, Kolb, Lipsey, McConico, Milosch, Minore, Mortimer, Nofs, O'Neil, Rivet, Shaffer, Stallworth, Vagnozzi, Zelenko, Bieda and Phillips offered the following resolution:
House Resolution No. 144.
A resolution to memorialize Congress to provide incentives and support for DNA testing of convicted criminals, especially those facing capital punishment or life imprisonment.
Whereas, In recent years, there have been numerous news accounts of cases in which convicted criminals have been freed as a result of conclusive DNA testing. In many instances, this evidence, often unavailable when the crime was initially investigated and prosecuted, has saved people on death row or facing life imprisonment; and
Whereas, The number of convicted people found not to have committed the crimes for which they faced death or life imprisonment is disturbing to many people. In Illinois, recurring situations of DNA tests exonerating prisoners led the governor to place a moratorium on the death penalty; and
Whereas, Closer to home, Michigan enacted legislation in 2000 (2000 PA 402) that permits post-conviction DNA testing. Our state has now witnessed the impact that the overwhelming weight of DNA evidence can have in proving prior convictions to be in error. A recent case taken up by Project Innocence, an initiative of Cooley Law School students and faculty, led to the exoneration of a man sentenced in 1994 in Macomb County on multiple counts of first degree criminal sexual conduct (rape); and
Whereas, In addition to the clear moral issues involved, steps that encourage greater use of the powerful tool of DNA testing can greatly increase faith in our system of justice; now, therefore, be it
Resolved by the House of Representatives, That we memorialize Congress to provide incentives and support for DNA testing of convicted criminals, especially those facing capital punishment or life imprisonment; and be it further
Resolved, That copies of this resolution be transmitted to the President of the United States Senate, the Speaker of the United States House of Representatives, and the members of the Michigan congressional delegation.
The resolution was referred to the Committee on Criminal Justice.
Reps. Murphy, Ehardt, Accavitti, Adamini, Anderson, Brown, Byrum, Clack, Condino, Dennis, DeRossett, Elkins, Garfield, Gleason, Hopgood, Jamnick, Kolb, Lipsey, McConico, Milosch, Minore, Nofs, O'Neil, Rivet, Sak, Spade, Stallworth, Tobocman, Vagnozzi, Zelenko and Phillips offered the following resolution:
House Resolution No. 145.
A resolution proclaiming October 15, 2003, as National Latino AIDS Awareness Day.
Whereas, HIV infection has been a fact of life in Latino communities throughout the United States for over 20 years. Latinos make up 14 percent of the United States and territories population which accounts for 19 percent of the 40,000 new HIV infections estimated to occur in the United States each year; and
Whereas, HIV was the leading cause of death for Latinos ages 24 through 44 in 2000. At the end of 2001, there were 71,294 Latinos estimated living with AIDS, or one-fifth of all people estimated to be living with AIDS in the United States; and
Whereas, In Michigan, Latinos comprise 3 percent of the general population and 3 percent of people living with HIV/AIDS in the United States; and
Whereas, AIDS has challenged the extended Latino family to find new reservoirs of compassion, and to confront difficult issues such as drug use and sexuality; and
Whereas, National Latino AIDS Awareness Day brings an opportunity to increase community awareness and dialogue, to commemorate those lost and to bring leaders together to advocate for greater services and community involvement to fight this epidemic; now, therefore, be it
Resolved by the House of Representatives, That the members of this legislative body hereby proclaim October 15, 2003, as Latino AIDS Awareness Day in the state of Michigan. We urge all community-based organizations, religious communities, civic groups, elected officials, and government agencies to utilize this day to raise awareness of AIDS in the Latino community.
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. Shaffer, Brandenburg, Ehardt, Meyer, Vander Veen, Accavitti, Adamini, DeRossett, Farhat, Garfield, Hager, Hoogendyk, Julian, Kooiman, Lipsey, McConico, Milosch, Murphy, Nitz, Pastor, Sak, Spade, Stallworth, Tobocman and Voorhees offered the following resolution:
House Resolution No. 146.
A resolution declaring Constantine as the World Seed Corn Capital.
Whereas, The village of Constantine is known far-and-wide as a leader in the production of seed corn; and
Whereas, Constantine is home to two of the largest seed corn producers in the world, Monsato and Pioneer, and these companies have dedicated their support to Constantine's efforts to be named the Seed Corn Capital of the World; and
Whereas, A large part of Constantine's local economy is derived from the production of seed corn; and
Whereas, Seed corn production provides a number of jobs for the citizens of Constantine and the surrounding areas; and
Whereas, The Constantine seed corn production facilities play a large role in distributing seed corn worldwide; and
Whereas, The research and development efforts of the Constantine seed corn producers yield innovative and environmentally friendly growing methods; and
Whereas, The collective contributions of Constantine seed corn producers benefit the southwest Michigan area and the world; now, therefore, be it
Resolved by the House of Representatives, That the members of this legislative body declare that the village of Constantine be hereby known as the World Seed Corn Capital.
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. Richardville, Ehardt, Meyer, Vander Veen, DeRossett, Gaffney, Hoogendyk, Julian, Milosch, Mortimer, Murphy, O'Neil, Pastor, Rocca, Stewart, Voorhees and Phillips offered the following resolution:
House Resolution No. 147.
A resolution to urge the Michigan Public Service Commission to take certain actions regarding SBC's pending application on unbundling network services.
Whereas, The Michigan Public Service Commission (PSC) conducts hearings under procedures governed by state statutes and administrative rule. This process includes reviewing cost studies of telecommunications providers used to set just and reasonable prices for unbundled network elements; and
Whereas, The Michigan Legislature, in section 203 of the Michigan Telecommunications Act, 1991 PA 179, as amended, has established certain procedures and time frames that govern proceedings before the PSC. Administrative rules on this have also been promulgated under the Administrative Procedures Act, 1969 PA 306; and
Whereas, The PSC has recognized that cost studies used to set the prices of unbundled network elements may need to be updated. The PSC has also stated its intent to give telecommunications providers every reasonable opportunity to update cost studies; and
Whereas, The current prices charged by SBC Michigan for unbundled network elements are based upon cost studies that were developed more than five years ago and were last reviewed by the PSC more than three years ago; and
Whereas, SBC Michigan currently has an application pending before the PSC to review and approve SBC Michigan's cost studies used to set prices for unbundled network elements; and
Whereas, The PSC has currently established a schedule to review SBC Michigan's pending application, under which schedule all input will be received from interested parties and before the PSC by February 9, 2004; now, therefore, be it
Resolved by the House of Representatives, That we urge the Michigan Public Service Commission to review, in a timely and expeditious manner, SBC Michigan's pending application under the currently established schedule and SBC Michigan's cost studies used to set the price of unbundled network elements. We also urge the PSC to issue an order on SBC Michigan's pending applications on or before March 1, 2004, to ensure that SBC Michigan's rates charged to competitors for unbundled network elements are just and reasonable and accurately reflect costs. We further urge the PSC to report the final outcomes of this case to the House of Representatives by March 8, 2004; and be it further
Resolved, That copies of this resolution be transmitted to the Michigan Public Service Commission.
The resolution was referred to the Committee on Energy and Technology.
Messages from the Senate
Senate Bill No. 57, entitled
A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," (MCL 324.101 to 324.90106) by adding section 11526c.
The Senate has passed the bill.
The bill was read a first time by its title and referred to the Committee on Land Use and Environment.
Senate Bill No. 98, entitled
A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," (MCL 324.101 to 324.90106) by adding section 11526a.
The Senate has passed the bill.
The bill was read a first time by its title and referred to the Committee on Land Use and Environment.
Senate Bill No. 497, entitled
A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending section 11502 (MCL 324.11502), as amended by 1996 PA 359.
The Senate has passed the bill.
The bill was read a first time by its title and referred to the Committee on Land Use and Environment.
Senate Bill No. 498, entitled
A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending sections 11514 and 11521 (MCL 324.11514 and 324.11521).
The Senate has passed the bill.
The bill was read a first time by its title and referred to the Committee on Land Use and Environment.
Senate Bill No. 499, entitled
A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending section 11526 (MCL 324.11526).
The Senate has passed the bill.
The bill was read a first time by its title and referred to the Committee on Land Use and Environment.
Senate Bill No. 500, entitled
A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending sections 11546 and 11549 (MCL 324.11546 and 324.11549).
The Senate has passed the bill.
The bill was read a first time by its title and referred to the Committee on Land Use and Environment.
Senate Bill No. 502, entitled
A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," (MCL 324.101 to 324.90106) by adding section 11526b.
The Senate has passed the bill.
The bill was read a first time by its title and referred to the Committee on Land Use and Environment.
Senate Bill No. 505, entitled
A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," (MCL 324.101 to 324.90106) by adding section 11527a.
The Senate has passed the bill.
The bill was read a first time by its title and referred to the Committee on Land Use and Environment.
Senate Bill No. 506, entitled
A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," (MCL 324.101 to 324.90106) by adding section 11511a; and to repeal acts and parts of acts.
The Senate has passed the bill.
The bill was read a first time by its title and referred to the Committee on Land Use and Environment.
Senate Bill No. 557, entitled
A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending section 11507a (MCL 324.11507a), as amended by 2003 PA 153.
The Senate has passed the bill.
The bill was read a first time by its title and referred to the Committee on Land Use and Environment.
Senate Bill No. 715, entitled
A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending sections 11533 and 11538 (MCL 324.11533 and 324.11538).
The Senate has passed the bill.
The bill was read a first time by its title and referred to the Committee on Land Use and Environment.
Senate Concurrent Resolution No. 36.
A concurrent resolution to create a family resource center curriculum joint study committee to make recommendations on adult education and related family services in Michigan.
Whereas, In our swiftly changing society, the role of education continues to grow in significance for our citizens, economy, and society. The challenges of education extend far beyond the traditional school setting to include the work of adult education, job training, and programs to help parents and children before the standard school years begin; and
Whereas, Adult education and activities to help families become more effective partners in the education process are very complicated issues. These key areas of education include not only the standard school curriculum, but also such diverse elements as English as a second language, early childhood development, G.E.D. preparation, employment training and work readiness classes, family services that include before- and after-school care, and parenting classes; and
Whereas, It is important that people with experience in each of these fields come together to help shape more responsive public policies. The Michigan Legislature's commitment to this concept is clearly outlined in section 107a of the State School Aid Act of 1979, being MCL § 388.1707a; now, therefore, be it
Resolved by the Senate (the House of Representatives concurring), That we establish the family resource center curriculum joint study committee. The joint committee shall be comprised of the following membership:
--three members of the Senate, with two appointed by the Senate Majority Leader and one appointed by the Senate Minority Leader;
--three members of the House of Representatives, with two appointed by the Speaker of the House and one appointed by the House Minority Leader;
--one member of the Michigan Association of Community and Adult Education appointed by that organization;
--one member of the Michigan Works! Association appointed by that organization;
--three local adult education program directors appointed jointly by the legislators appointed to the family resource center curriculum study committee;
--three local Michigan Works! program directors appointed jointly by the legislators appointed to the family resource center curriculum study committee; and
--the state director of adult education.
The family resource center curriculum joint study committee shall explore and make recommendations on implementing a new integrated system of delivery of adult education and related family services, beginning with the 2004-2005 school year. The joint committee shall address education issues that include high school completion programs, adult basic education, general education development (G.E.D.) test preparation, English as a second language programs, and early childhood education; family services that include even start programs, 21st century learning center grants, before- and after-school child care programs, parenting classes, and referrals for family and child services; and employment and training services that include career preparation programs and work readiness classes; and be it further
Resolved, That the family resource center curriculum joint study committee shall report on its progress to the Senate and the House Appropriations Subcommittees on School Aid not later than November 15, 2003, and shall make its final recommendations to these subcommittees not later than December 31, 2003; and be it further
Resolved, That the joint committee is hereby authorized to expend a maximum amount of $10,000 in carrying out its duties and such additional expenditures deemed necessary and approved by the Senate Majority Leader and the Speaker of the House. Payments for contractual services may be authorized by the Senate Majority Leader and the Speaker of the House.
The Senate has adopted the concurrent resolution.
Reps. Brandenburg, Ehardt, Meyer, Vander Veen, Clack, DeRossett, Farhat, Hager, Koetje, Kooiman, Murphy, Pastor, Richardville, Rocca, Shaffer, Stakoe, Stallworth, Stewart, Tabor, Voorhees, Bieda and Phillips were named co-sponsors of the concurrent resolution.
The concurrent resolution was referred to the Committee on Appropriations.
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Rep. Plakas moved that the House adjourn.
The motion prevailed, the time being 5:55 p.m.
The Speaker Pro Tempore declared the House adjourned until Wednesday, October 15, at 1:00 p.m.
GARY L. RANDALL
Clerk of the House of Representatives