2004-HJ-02-05-009.htm

No. 9

STATE OF MICHIGAN

JOURNAL

OF THE

House of Representatives

92nd Legislature

REGULAR SESSION OF 2004

House Chamber, Lansing, Thursday, February 5, 2004.

10:00 a.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 Meisner--present Sheen--present

Acciavatti--present Gieleghem--present Meyer--present Sheltrown--present

Adamini--present Gillard--present Middaugh--present Shulman--present

Amos--present Gleason--present Milosch--present Smith--present

Anderson--present Hager--present Minore--present Spade--present

Bieda--present Hardman--present Moolenaar--excused Stahl--present

Bisbee--present Hart--excused Mortimer--present Stakoe--present

Bradstreet--present Hood--present Murphy--present Stallworth--excused

Brandenburg--present Hoogendyk--present Newell--present Steil--present

Brown--present Hopgood--present Nitz--present Stewart--present

Byrum--present Howell--present Nofs--present Tabor--present

Casperson--excused Huizenga--present O'Neil--present Taub--present

Caswell--present Hummel--present Palmer--present Tobocman--present

Caul--present Hune--present Palsrok--present Vagnozzi--present

Cheeks--present Hunter--present Pappageorge--present Van Regenmorter--present

Clack--present Jamnick--present Pastor--present Vander Veen--present

Condino--present Johnson, Rick--present Phillips--present Voorhees--present

Daniels--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--present Rocca--present Wojno--present

Emmons--present Law--present Sak--present Woodward--present

Farhat--present Lipsey--present Shackleton--present Woronchak--present

Farrah--present McConico--present Shaffer--present Zelenko--present

Gaffney--present

e/d/s = entered during session

Rep. Paula Zelenko, from the 50th District, offered the following invocation:

"Heavenly Father, we thank You for this, another beautiful day. O Lord, Our God, we pray You Yourself in us. Lord, instill in us Your strength, courage, wisdom, and grace so that we may humbly serve You and in turn serve those who we were chosen to represent. Remember, O Lord, our God, all of our armed forces in this land who are serving for the cause of peace. Send Your holy angels to protect them and strengthen the hearts of their families who long for their safe return. Father, we ask You to lift the heavy burden of grief for those who mourn for those earthly lives taken by acts of war. Comfort them and heal them. Renew their spirit and sweetness of purpose. Remember, O Lord, our God, the people of this great state of Michigan--especially our children, our elderly, our poor, our ill, our unemployed, and those who are in any kind of affliction, necessity or distress. Hear us, O God, and teach us to be mindful of their needs and grant us the quickness of action to assist them. Remember, O Lord, our God, all our civil authorities in this world, this nation, this state, particularly, all legislators, staff and employees who have convened here in this sacred house. Loom in our hearts the spirit of Your wisdom that we may guide this state in all righteousness, holiness and justice. Give us Your courage and grace to set aside our philosophical and political differences when challenges are great. Father, teach us humility, humanity and instill that we are the strongest when we are one with our purpose. Bless us and guide us unto every good work. Grant us safe passage and return everyone home safely to our families. Merciful and compassionate Lord, for the peace above and salvation of our souls, we send up the glory, the thanksgiving, the honor and the worship. We ask the reward of Your grace and eternal love, now and ever and ever unto ages of ages. Amen."

______

Rep. Palmer moved that Reps. Casperson, Hart and Moolenaar be excused from today's session.

The motion prevailed.

Second Reading of Bills

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.

Was read a second time, and the question being on the adoption of the proposed substitute (H-1) previously recommended by the Committee on Land Use and Environment,

The substitute (H-1) was adopted, a majority of the members serving voting therefor.

Rep. Richardville moved that the bill be placed on the order of Third Reading of Bills.

The motion prevailed.

Rep. Richardville moved that the bill be placed on its immediate passage.

The motion prevailed, a majority of the members serving voting therefor.

By unanimous consent the House returned to the order of

Third Reading of Bills

Senate Bill No. 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.

Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:

Roll Call No. 15 Yeas--100

Accavitti Gaffney Meisner Sheltrown

Acciavatti Gieleghem Meyer Shulman

Adamini Gillard Middaugh Smith

Amos Gleason Milosch Spade

Anderson Hager Minore Stahl

Bieda Hardman Mortimer Stakoe

Bisbee Hood Murphy Steil

Bradstreet Hopgood Newell Stewart

Brandenburg Howell Nofs Tabor

Brown Huizenga O'Neil Taub

Byrum Hummel Palmer Tobocman

Caswell Hune Palsrok Vagnozzi

Caul Hunter Pappageorge Van Regenmorter

Cheeks Jamnick Pastor Vander Veen

Clack Johnson, Rick Phillips Voorhees

Condino Johnson, Ruth Plakas Walker

Daniels Julian Pumford Ward

Dennis Koetje Reeves Waters

DeRoche Kolb Richardville Wenke

DeRossett Kooiman Rivet Whitmer

Drolet LaJoy Robertson Williams

Ehardt LaSata Rocca Wojno

Elkins Law Sak Woodward

Farhat Lipsey Shackleton Woronchak

Farrah McConico Shaffer Zelenko

Nays--5

Emmons Hoogendyk Nitz Sheen

Garfield

In The Chair: Julian

Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows:

"An act to protect the environment and natural resources of the state; to codify, revise, consolidate, and classify laws relating to the environment and natural resources of the state; to regulate the discharge of certain substances into the environment; to regulate the use of certain lands, waters, and other natural resources of the state; to prescribe the powers and duties of certain state and local agencies and officials; to provide for certain charges, fees, and assessments; to provide certain appropriations; to prescribe penalties and provide remedies; to repeal certain parts of this act on a specific date; and to repeal certain acts and parts of acts,"

The House agreed to the full title.

Rep. Richardville moved that the bill be given immediate effect.

The motion prevailed, 2/3 of the members serving voting therefor.

Second Reading of Bills

Senate Bill No. 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.

Was read a second time, and the question being on the adoption of the proposed amendments previously recommended by the Committee on Land Use and Environment (for amendments, see House Journal No. 85 of 2003, p. 2104),

The amendments were adopted, a majority of the members serving voting therefor.

Rep. Richardville moved that the bill be placed on the order of Third Reading of Bills.

The motion prevailed.

Rep. Richardville moved that the bill be placed on its immediate passage.

The motion prevailed, a majority of the members serving voting therefor.

By unanimous consent the House returned to the order of

Third Reading of Bills

Senate Bill No. 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.

Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:

Roll Call No. 16 Yeas--82

Accavitti Farrah Meisner Shulman

Acciavatti Gaffney Meyer Smith

Adamini Gieleghem Milosch Spade

Amos Gillard Minore Stakoe

Anderson Gleason Murphy Stewart

Bieda Hager Nofs Tabor

Bisbee Hardman O'Neil Taub

Brandenburg Hood Pappageorge Tobocman

Brown Hopgood Phillips Vagnozzi

Byrum Howell Plakas Voorhees

Caswell Hunter Pumford Walker

Caul Jamnick Reeves Ward

Cheeks Johnson, Rick Richardville Waters

Clack Johnson, Ruth Rivet Wenke

Condino Kolb Robertson Whitmer

Daniels Kooiman Rocca Williams

Dennis LaJoy Sak Wojno

DeRossett LaSata Shackleton Woodward

Elkins Law Shaffer Woronchak

Emmons Lipsey Sheltrown Zelenko

Farhat McConico

Nays--23

Bradstreet Huizenga Mortimer Sheen

DeRoche Hummel Newell Stahl

Drolet Hune Nitz Steil

Ehardt Julian Palmer Van Regenmorter

Garfield Koetje Palsrok Vander Veen

Hoogendyk Middaugh Pastor

In The Chair: Julian

Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows:

The House agreed to the full title.

Rep. Richardville moved that the bill be given immediate effect.

The motion prevailed, 2/3 of the members serving voting therefor.

Rep. Richardville moved to reconsider the vote by which the House passed the bill.

The motion prevailed, a majority of the members serving voting therefor.

The question being on the passage of the bill,

The bill was then passed, a majority of the members serving voting therefor, by yeas and nays, as follows:

Roll Call No. 17 Yeas--98

Accavitti Gaffney Meisner Sheltrown

Acciavatti Gieleghem Meyer Shulman

Adamini Gillard Middaugh Smith

Amos Gleason Milosch Spade

Anderson Hager Minore Stahl

Bieda Hardman Mortimer Steil

Bisbee Hood Murphy Stewart

Bradstreet Hopgood Newell Tabor

Brandenburg Howell Nofs Taub

Brown Huizenga O'Neil Tobocman

Byrum Hummel Palmer Vagnozzi

Caswell Hune Palsrok Van Regenmorter

Caul Hunter Pappageorge Vander Veen

Cheeks Jamnick Phillips Voorhees

Clack Johnson, Rick Plakas Walker

Condino Johnson, Ruth Pumford Ward

Daniels Julian Reeves Waters

Dennis Koetje Richardville Wenke

DeRoche Kolb Rivet Whitmer

DeRossett Kooiman Robertson Williams

Ehardt LaJoy Rocca Wojno

Elkins LaSata Sak Woodward

Emmons Law Shackleton Woronchak

Farhat Lipsey Shaffer Zelenko

Farrah McConico

Nays--7

Drolet Hoogendyk Pastor Stakoe

Garfield Nitz Sheen

In The Chair: Julian

______

Rep. Sheen, having reserved the right to explain his protest against the passage of the bill, made the following statement:

"Mr. Speaker and members of the House:

Trash SB 497

The language in this bill is unclear and in my opinion increases the list of prohibited containers in land fills, especially as can be interpreted by the DEQ."

Second Reading of Bills

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).

Was read a second time, and the question being on the adoption of the proposed substitute (H-2) previously recommended by the Committee on Land Use and Environment,

The substitute (H-2) was adopted, a majority of the members serving voting therefor.

Rep. Dennis moved to amend the bill as follows:

1. Amend page 2, line 11, after "(4)," by striking out the balance of the line through "yard" on line 15 and inserting "beverage containers.

(c) Whole motor vehicle tires.

(d) Yard".

The question being on the adoption of the amendment offered by Rep. Dennis,

Rep. Dennis demanded the yeas and nays.

The demand was supported.

The question being on the adoption of the amendment offered by Rep. Dennis,

The amendment was not adopted, a majority of the members serving not voting therefor, by yeas and nays, as follows:

Roll Call No. 18 Yeas--45

Accavitti Farrah Lipsey Sheltrown

Adamini Gieleghem McConico Smith

Anderson Gillard Meisner Spade

Bieda Gleason Minore Tobocman

Brown Hardman Murphy Vagnozzi

Byrum Hood O'Neil Waters

Cheeks Hopgood Phillips Whitmer

Clack Hunter Plakas Williams

Condino Jamnick Reeves Wojno

Daniels Kolb Rivet Woodward

Dennis Law Sak Zelenko

Elkins

Nays--60

Acciavatti Hager Milosch Sheen

Amos Hoogendyk Mortimer Shulman

Bisbee Howell Newell Stahl

Bradstreet Huizenga Nitz Stakoe

Brandenburg Hummel Nofs Steil

Caswell Hune Palmer Stewart

Caul Johnson, Rick Palsrok Tabor

DeRoche Johnson, Ruth Pappageorge Taub

DeRossett Julian Pastor Van Regenmorter

Drolet Koetje Pumford Vander Veen

Ehardt Kooiman Richardville Voorhees

Emmons LaJoy Robertson Walker

Farhat LaSata Rocca Ward

Gaffney Meyer Shackleton Wenke

Garfield Middaugh Shaffer Woronchak

In The Chair: Julian

Rep. Farrah moved to amend the bill as follows:

1. Amend page 1, line 8, after "landfilling" by striking out "as a method" and inserting "and incineration as methods".

2. Amend page 2, line 1, after "landfill" by inserting "or municipal solid waste incinerator".

3. Amend page 2, line 2, after "landfill" by inserting "or municipal solid waste incinerator".

4. Amend page 2, line 3, after "landfill" by inserting "or municipal solid waste incinerator".

5. Amend page 2, line 17, after "landfill" by inserting "or municipal solid waste incinerator".

6. Amend page 2, line 18, after "landfill" by inserting "or municipal solid waste incinerator".

7. Amend page 2, line 19, after "landfill" by inserting "or municipal solid waste incinerator".

8. Amend page 3, line 4, after "unless" by inserting a comma and "in the case of a landfill,".

9. Amend page 3, line 22, after "landfill" by inserting "or municipal solid waste incinerator".

10. Amend page 3, line 24, by striking out all of section 11521 and inserting:

"Enacting section 1. Section 11521 of the natural resources and environmental protection act, 1994 PA 451, MCL 324.11521, is repealed." and renumbering the remaining enacting section.

The motion prevailed and the amendments were adopted, a majority of the members serving voting therefor.

Rep. Milosch moved to amend the bill as follows:

1. Amend page 3, following line 23, by inserting:

"(7) As used in this section, de minimis means incidental disposal of small amounts of these materials that are commingled with other solid waste.".

The motion prevailed and the amendment was adopted, a majority of the members serving voting therefor.

Rep. Richardville moved that the bill be placed on the order of Third Reading of Bills.

The motion prevailed.

Rep. Richardville moved that the bill be placed on its immediate passage.

The motion prevailed, a majority of the members serving voting therefor.

By unanimous consent the House returned to the order of

Third Reading of Bills

Senate Bill No. 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).

Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:

Roll Call No. 19 Yeas--88

Accavitti Farrah Meisner Shaffer

Acciavatti Gieleghem Meyer Sheltrown

Adamini Gillard Middaugh Shulman

Amos Gleason Milosch Smith

Anderson Hager Minore Spade

Bieda Hardman Murphy Stahl

Bradstreet Hood Newell Stewart

Brandenburg Hopgood Nofs Tabor

Brown Howell O'Neil Taub

Byrum Huizenga Palmer Tobocman

Caul Hummel Palsrok Vagnozzi

Cheeks Hunter Pappageorge Vander Veen

Clack Jamnick Phillips Walker

Condino Johnson, Rick Plakas Ward

Daniels Johnson, Ruth Pumford Waters

Dennis Julian Reeves Wenke

DeRoche Kolb Richardville Whitmer

DeRossett LaJoy Rivet Williams

Ehardt LaSata Robertson Wojno

Elkins Law Rocca Woodward

Emmons Lipsey Sak Woronchak

Farhat McConico Shackleton Zelenko

Nays--17

Bisbee Hoogendyk Mortimer Stakoe

Caswell Hune Nitz Steil

Drolet Koetje Pastor Van Regenmorter

Gaffney Kooiman Sheen Voorhees

Garfield

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 section 11514 (MCL 324.11514); 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.

______

Rep. Kooiman, having reserved the right to explain his protest against the passage of the bill, made the following statement:

"Mr. Speaker and members of the House:

While I am in support of efforts to deter the import of garbage from out of state/country, an amendment was added to S 498 by the Representative from the 61^stDistrict that would have a negative impact on the use of incineration. That impact would be costly to the Kent County Waste to Energy Facility. As former Chair of the Kent County Board of Public Works I am concerned about the continued viability of that facility as an effective alternative to landfilling of garbage in Kent County."

Rep. Hoogendyk, having reserved the right to explain his protest against the passage of the bill, made the following statement:

"Mr. Speaker and members of the House:

I came to Lansing to work for, among other things, less government and individual responsibility. This bill and the package of bills accompanying it provide for more and increasing government oversight and less personal responsibility of citizens. I certainly favor reducing as much as possible, the level of waste that goes into landfills which could be recycled or reused. However, that should be accomplished through education and encouragement of the public to comply. In my county, Kalamazoo, voluntary compliance has been successful in reducing the amount of a variety of items going into a landfill.

To punish owners of legitimate businesses for inadvertently dumping items into a landfill that were placed in a trash container by an uninformed or uncaring consumer is unfair and excessive overregulation by the government. I am not comfortable with giving even more power to the state department of Environmental Quality."

Rep. Sheen, having reserved the right to explain his protest against the passage of the bill, made the following statement:

"Mr. Speaker and members of the House:

Trash SB 498

I cannot support this bill because the language is too vague and broad. In its present state it would prohibit certain beverage containers currently allowed in landfills. It also lengthens the list of prohibited waste that can be placed in the landfill, with no other options for their disposal. Although I agree with some the added prohibitions, I disagree with others. It would also fine and penalize companies, who unknowingly dump certain everyday trash like out of state bottles and containers, and grass clippings from consumers who throw them out. This law has very little to do with stopping the flow of Canadian trash into the U.S., which is supposedly the goal of this package of legislation."

Second Reading of Bills

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 bill was read a second time.

Rep. LaJoy moved to amend the bill as follows:

1. Amend page 2, line 16, after "areas" by inserting "at the end original destination".

The motion prevailed and the amendment was adopted, a majority of the members serving voting therefor.

Rep. Richardville moved that the bill be placed on the order of Third Reading of Bills.

The motion prevailed.

Rep. Richardville moved that the bill be placed on its immediate passage.

The motion prevailed, a majority of the members serving voting therefor.

By unanimous consent the House returned to the order of

Third Reading of Bills

Senate Bill No. 499, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending section 11526 (MCL 324.11526).

Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:

Roll Call No. 20 Yeas--95

Accavitti Gaffney Meyer Shulman

Acciavatti Gieleghem Middaugh Smith

Adamini Gillard Milosch Spade

Amos Gleason Minore Stahl

Anderson Hager Mortimer Stakoe

Bieda Hardman Murphy Steil

Bisbee Hood Newell Stewart

Bradstreet Hopgood Nofs Tabor

Brandenburg Howell O'Neil Taub

Brown Huizenga Palmer Tobocman

Byrum Hune Palsrok Vagnozzi

Caul Hunter Pappageorge Van Regenmorter

Cheeks Jamnick Phillips Vander Veen

Clack Johnson, Rick Plakas Walker

Condino Johnson, Ruth Pumford Ward

Daniels Julian Reeves Waters

Dennis Kolb Richardville Wenke

DeRoche Kooiman Rivet Whitmer

DeRossett LaJoy Robertson Williams

Ehardt LaSata Rocca Wojno

Elkins Law Sak Woodward

Emmons Lipsey Shackleton Woronchak

Farhat McConico Shaffer Zelenko

Farrah Meisner Sheltrown

Nays--10

Caswell Hoogendyk Nitz Sheen

Drolet Hummel Pastor Voorhees

Garfield Koetje

In The Chair: Julian

Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows:

The House agreed to the full title.

Rep. Richardville moved that the bill be given immediate effect.

The motion prevailed, 2/3 of the members serving voting therefor.

______

Rep. Sheen, having reserved the right to explain his protest against the passage of the bill, made the following statement:

"Mr. Speaker and members of the House:

Trash SB 499 S2

The DEQ does not have the time, man power, or realistic ability to carry out the inspection of every garbage truck that deposits trash into a landfill. My concern is also that the DEQ could exceed its authority to inspect, and thus create more cost for both the service provider and consumer."

Second Reading of Bills

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).

Was read a second time, and the question being on the adoption of the proposed substitute (H-3) previously recommended by the Committee on Land Use and Environment,

The substitute (H-3) was adopted, a majority of the members serving voting therefor.

Rep. Gieleghem moved to substitute (H-4) the bill.

The question being on the adoption of the substitute (H-4) offered by Rep. Gieleghem,

Rep. Gieleghem demanded the yeas and nays,

The demand was supported.

The question being on the adoption of the substitute (H-4) offered by Rep. Gieleghem,

The substitute (H-4) was not adopted, a majority of the members serving not voting therefor, by yeas and nays, as follows:

Roll Call No. 21 Yeas--46

Accavitti Farrah McConico Sheltrown

Adamini Gieleghem Meisner Smith

Anderson Gillard Minore Spade

Bieda Gleason Murphy Tobocman

Brown Hardman O'Neil Vagnozzi

Byrum Hood Phillips Waters

Cheeks Hopgood Plakas Whitmer

Clack Hunter Reeves Williams

Condino Jamnick Rivet Wojno

Daniels Kolb Rocca Woodward

Dennis Law Sak Zelenko

Elkins Lipsey

Nays--59

Acciavatti Hager Milosch Shulman

Amos Hoogendyk Mortimer Stahl

Bisbee Howell Newell Stakoe

Bradstreet Huizenga Nitz Steil

Brandenburg Hummel Nofs Stewart

Caswell Hune Palmer Tabor

Caul Johnson, Rick Palsrok Taub

DeRoche Johnson, Ruth Pappageorge Van Regenmorter

DeRossett Julian Pastor Vander Veen

Drolet Koetje Pumford Voorhees

Ehardt Kooiman Richardville Walker

Emmons LaJoy Robertson Ward

Farhat LaSata Shackleton Wenke

Gaffney Meyer Shaffer Woronchak

Garfield Middaugh Sheen

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. 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).

Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:

Roll Call No. 22 Yeas--99

Accavitti Gieleghem Meyer Shulman

Acciavatti Gillard Middaugh Smith

Adamini Gleason Milosch Spade

Amos Hager Minore Stahl

Anderson Hardman Mortimer Stakoe

Bieda Hood Murphy Steil

Bisbee Hoogendyk Newell Stewart

Brandenburg Hopgood Nofs Tabor

Brown Howell O'Neil Taub

Byrum Huizenga Palmer Tobocman

Caul Hummel Palsrok Vagnozzi

Cheeks Hune Pappageorge Van Regenmorter

Clack Hunter Phillips Vander Veen

Condino Jamnick Plakas Voorhees

Daniels Johnson, Rick Pumford Walker

Dennis Johnson, Ruth Reeves Ward

DeRoche Julian Richardville Waters

DeRossett Kolb Rivet Wenke

Drolet Kooiman Robertson Whitmer

Ehardt LaJoy Rocca Williams

Elkins LaSata Sak Wojno

Emmons Law Shackleton Woodward

Farhat Lipsey Shaffer Woronchak

Farrah McConico Sheen Zelenko

Gaffney Meisner Sheltrown

Nays--6

Bradstreet Garfield Nitz Pastor

Caswell Koetje

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:

The motion prevailed.

The House agreed to the title as amended.

Rep. Richardville moved that the bill be given immediate effect.

The motion prevailed, 2/3 of the members serving voting therefor.

Second Reading of Bills

Senate Bill No. 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 bill was read a second time.

Rep. LaJoy moved to amend the bill as follows:

1. Amend page 1, line 8, after "plan" by striking out "shall" and inserting "may".

The question being on the adoption of the amendment offered by Rep. LaJoy,

Rep. Farrah demanded the yeas and nays.

The demand was supported.

The question being on the adoption of the amendment offered by Rep. LaJoy,

The amendment was adopted, a majority of the members serving voting therefor, by yeas and nays, as follows:

Roll Call No. 23 Yeas--60

Acciavatti Hager Milosch Sheen

Amos Hoogendyk Mortimer Shulman

Bisbee Howell Newell Stahl

Bradstreet Huizenga Nitz Stakoe

Brandenburg Hummel Nofs Steil

Caswell Hune Palmer Stewart

Caul Johnson, Rick Palsrok Tabor

DeRoche Johnson, Ruth Pappageorge Taub

DeRossett Julian Pastor Van Regenmorter

Drolet Koetje Pumford Vander Veen

Ehardt Kooiman Richardville Voorhees

Emmons LaJoy Robertson Walker

Farhat LaSata Rocca Ward

Gaffney Meyer Shackleton Wenke

Garfield Middaugh Shaffer Woronchak

Nays--45

Accavitti Farrah Lipsey Sheltrown

Adamini Gieleghem McConico Smith

Anderson Gillard Meisner Spade

Bieda Gleason Minore Tobocman

Brown Hardman Murphy Vagnozzi

Byrum Hood O'Neil Waters

Cheeks Hopgood Phillips Whitmer

Clack Hunter Plakas Williams

Condino Jamnick Reeves Wojno

Daniels Kolb Rivet Woodward

Dennis Law Sak Zelenko

Elkins

In The Chair: Julian

______

Rep. Meisner, having reserved the right to explain his nay vote, made the following statement:

"Mr. Speaker and members of the House:

I voted against this amendment because it would gut the intent of this bill by substituting the word 'shall' with 'may.' This change would likely result in polluters deciding that they 'shall' continue to pollute Michigan, which we are supposed to be working against."

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. 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).

Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:

Roll Call No. 24 Yeas--100

Accavitti Gieleghem Meisner Sheltrown

Acciavatti Gillard Meyer Shulman

Adamini Gleason Middaugh Smith

Amos Hager Milosch Spade

Anderson Hardman Minore Stahl

Bieda Hood Mortimer Stakoe

Bisbee Hoogendyk Murphy Steil

Bradstreet Hopgood Newell Stewart

Brandenburg Howell Nofs Tabor

Brown Huizenga O'Neil Taub

Byrum Hummel Palmer Tobocman

Caul Hune Palsrok Vagnozzi

Cheeks Hunter Pappageorge Van Regenmorter

Clack Jamnick Phillips Vander Veen

Condino Johnson, Rick Plakas Voorhees

Daniels Johnson, Ruth Pumford Walker

Dennis Julian Reeves Ward

DeRoche Koetje Richardville Waters

DeRossett Kolb Rivet Wenke

Drolet Kooiman Robertson Whitmer

Elkins LaJoy Rocca Williams

Emmons LaSata Sak Wojno

Farhat Law Shackleton Woodward

Farrah Lipsey Shaffer Woronchak

Gaffney McConico Sheen Zelenko

Nays--4

Caswell Garfield Nitz Pastor

In The Chair: Julian

Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows:

The House agreed to the full title.

Rep. Richardville moved that the bill be given immediate effect.

The motion prevailed, 2/3 of the members serving voting therefor.

Second Reading of Bills

House Bill No. 5238, entitled

A bill to amend 1986 PA 182, entitled "State police retirement act of 1986," (MCL 38.1601 to 38.1648) by adding section 41a.

Was read a second time, and the question being on the adoption of the proposed substitute (H-1) previously recommended by the Committee on Senior Health, Security and Retirement,

The substitute (H-1) was adopted, a majority of the members serving voting therefor.

Rep. Mortimer moved that the bill be placed on the order of Third Reading of Bills.

The motion prevailed.

Rep. Richardville moved that the bill be placed on its immediate passage.

The motion prevailed, a majority of the members serving voting therefor.

By unanimous consent the House returned to the order of

Third Reading of Bills

House Bill No. 5238, entitled

A bill to amend 1986 PA 182, entitled "State police retirement act of 1986," (MCL 38.1601 to 38.1648) by adding section 41a.

The bill was read a third time.

The question being on the passage of the bill,

Rep. Minore moved that the bill be re-referred to the Committee on Senior Health, Security and Retirement.

The motion did not prevail.

The question being on the passage of the bill,

The bill was then passed, a majority of the members serving voting therefor, by yeas and nays, as follows:

Roll Call No. 25 Yeas--104

Accavitti Garfield Meisner Sheen

Acciavatti Gieleghem Meyer Sheltrown

Adamini Gillard Middaugh Shulman

Amos Gleason Milosch Smith

Anderson Hager Minore Spade

Bieda Hardman Mortimer Stahl

Bisbee Hood Murphy Stakoe

Bradstreet Hoogendyk Newell Steil

Brandenburg Hopgood Nitz Stewart

Brown Howell Nofs Tabor

Byrum Huizenga O'Neil Taub

Caswell Hummel Palmer Tobocman

Caul Hune Palsrok Vagnozzi

Cheeks Hunter Pappageorge Van Regenmorter

Clack Jamnick Pastor Vander Veen

Condino Johnson, Rick Phillips Voorhees

Daniels Johnson, Ruth Plakas Walker

DeRoche Julian Pumford Ward

DeRossett Koetje Reeves Waters

Drolet Kolb Richardville Wenke

Ehardt Kooiman Rivet Whitmer

Elkins LaJoy Robertson Williams

Emmons LaSata Rocca Wojno

Farhat Law Sak Woodward

Farrah Lipsey Shackleton Woronchak

Gaffney McConico Shaffer Zelenko

Nays--0

In The Chair: Julian

The House agreed to the title of the bill.

Rep. Richardville moved that the bill be given immediate effect.

The motion prevailed, 2/3 of the members serving voting therefor.

Reps. Hardman, Waters, Daniels, Woronchak, Plakas, Stewart, O'Neil, Rocca, Woodward, Phillips, Rick Johnson, Minore, Zelenko, Kolb, Jamnick, DeRossett, Richardville, Spade, Lipsey, Bisbee, Koetje, Voorhees, LaSata, Middaugh, Meyer, Julian, Newell, Vander Veen, Dennis, Howell, Rivet, Caul, Ruth Johnson, Sheltrown, Shackleton, Brown, Palmer, Gaffney, Smith, Tobocman, Farrah, Pastor, LaJoy, Hopgood, Law, Brandenburg, Bieda, Meisner, Wojno, Clack, Vagnozzi, Taub, Accavitti, Amos, Stakoe, Garfield, Hune, Gleason, Robertson, Milosch, Caswell, Shaffer, Hoogendyk, Nofs, Ward, Emmons, Steil, Van Regenmorter, Nitz, Stahl, Huizenga, Farhat, Elkins, Palsrok and Gillard were named co-sponsors of the bill.

Second Reading of Bills

House Bill No. 4969, entitled

A bill to amend 1939 PA 280, entitled "The social welfare act," by amending section 57k (MCL 400.57k), as added by 1998 PA 361.

Was read a second time, and the question being on the adoption of the proposed substitute (H-2) previously recommended by the Committee on Family and Children Services,

The substitute (H-2) was adopted, a majority of the members serving voting therefor.

Rep. Condino moved that the bill be placed on the order of Third Reading of Bills.

The motion prevailed.

Rep. Richardville moved that the bill be placed on its immediate passage.

The motion prevailed, a majority of the members serving voting therefor.

By unanimous consent the House returned to the order of

Third Reading of Bills

House Bill No. 4969, entitled

A bill to amend 1939 PA 280, entitled "The social welfare act," by amending section 57k (MCL 400.57k), as added by 1998 PA 361.

Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:

Roll Call No. 26 Yeas--105

Accavitti Garfield Meisner Sheen

Acciavatti Gieleghem Meyer Sheltrown

Adamini Gillard Middaugh Shulman

Amos Gleason Milosch Smith

Anderson Hager Minore Spade

Bieda Hardman Mortimer Stahl

Bisbee Hood Murphy Stakoe

Bradstreet Hoogendyk Newell Steil

Brandenburg Hopgood Nitz Stewart

Brown Howell Nofs Tabor

Byrum Huizenga O'Neil Taub

Caswell Hummel Palmer Tobocman

Caul Hune Palsrok Vagnozzi

Cheeks Hunter Pappageorge Van Regenmorter

Clack Jamnick Pastor Vander Veen

Condino Johnson, Rick Phillips Voorhees

Daniels Johnson, Ruth Plakas Walker

Dennis Julian Pumford Ward

DeRoche Koetje Reeves Waters

DeRossett Kolb Richardville Wenke

Drolet Kooiman Rivet Whitmer

Ehardt LaJoy Robertson Williams

Elkins LaSata Rocca Wojno

Emmons Law Sak Woodward

Farhat Lipsey Shackleton Woronchak

Farrah McConico Shaffer Zelenko

Gaffney

Nays--0

In The Chair: Julian

The House agreed to the title of the bill.

Rep. Richardville moved that the bill be given immediate effect.

The motion prevailed, 2/3 of the members serving voting therefor.

Reps. Hardman, Waters, McConico, Plakas, Anderson, Stewart, Rocca, Phillips, Zelenko, Kolb, Jamnick, Lipsey, Murphy, Voorhees, Hager, Vander Veen, Pumford, Ruth Johnson, Smith, LaJoy, Hopgood, Law, Brandenburg, Bieda, Meisner, Wojno, Acciavatti, Vagnozzi, Accavitti, Nofs, Stahl, Farhat, Elkins and Gillard were named co-sponsors of the bill.

Second Reading of Bills

House Bill No. 4098, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," (MCL 324.101 to 324.90106) by adding section 11513a.

Was read a second time, and the question being on the adoption of the proposed substitute (H-4) previously recommended by the Committee on Land Use and Environment,

The substitute (H-4) was adopted, a majority of the members serving voting therefor.

Rep. Gieleghem moved to substitute (H-3) the bill.

The question being on the adoption of the substitute (H-3) offered by Rep. Gieleghem,

Rep. Gieleghem demanded the yeas and nays,

The demand was supported.

The question being on the adoption of the substitute (H-3) offered by Rep. Gieleghem,

The substitute (H-3) was not adopted, a majority of the members serving not voting therefor, by yeas and nays, as follows:

Roll Call No. 27 Yeas--45

Accavitti Farrah Lipsey Sheltrown

Acciavatti Gieleghem McConico Smith

Adamini Gillard Meisner Spade

Anderson Gleason Minore Tobocman

Bieda Hardman Murphy Vagnozzi

Brown Hood O'Neil Waters

Byrum Hopgood Phillips Whitmer

Cheeks Hunter Plakas Williams

Condino Jamnick Reeves Wojno

Daniels Kolb Rivet Woodward

Dennis Law Sak Zelenko

Elkins

Nays--59

Amos Hoogendyk Mortimer Shulman

Bisbee Howell Newell Stahl

Bradstreet Huizenga Nitz Stakoe

Brandenburg Hummel Nofs Steil

Caswell Hune Palmer Stewart

Caul Johnson, Rick Palsrok Tabor

DeRoche Johnson, Ruth Pappageorge Taub

DeRossett Julian Pastor Van Regenmorter

Drolet Koetje Pumford Vander Veen

Ehardt Kooiman Richardville Voorhees

Emmons LaJoy Robertson Walker

Farhat LaSata Rocca Ward

Gaffney Meyer Shackleton Wenke

Garfield Middaugh Shaffer Woronchak

Hager Milosch Sheen

In The Chair: Julian

Rep. Ruth Johnson moved to amend the bill as follows:

1. Amend page 3, following line 14, by inserting:

"(8) Notwithstanding any provision of this part, if there is sufficient disposal capacity for a county's disposal needs in or within 150 miles of the county, all of the following apply:

(a) The county is not required to identify a site for a new landfill in its solid waste management plan.

(b) An interim siting mechanism shall not become operative in the county unless the county board of commissioners determines otherwise.

(c) The department is not required to issue a construction permit for a new landfill in the county.".

The motion prevailed and the amendment was adopted, a majority of the members serving voting therefor.

Rep. Gieleghem moved that the bill be placed on the order of Third Reading of Bills.

The motion prevailed.

Rep. Richardville moved that the bill be placed on its immediate passage.

The motion prevailed, a majority of the members serving voting therefor.

______

Rep. Waters moved that Rep. Clack be excused temporarily from today's session.

The motion prevailed.

By unanimous consent the House returned to the order of

Third Reading of Bills

House Bill No. 4098, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," (MCL 324.101 to 324.90106) by adding section 11513a.

Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:

Roll Call No. 28 Yeas--97

Accavitti Gieleghem Meyer Shulman

Acciavatti Gillard Middaugh Smith

Adamini Gleason Milosch Spade

Amos Hager Minore Stahl

Anderson Hardman Mortimer Stakoe

Bieda Hood Murphy Steil

Bisbee Hopgood Newell Stewart

Bradstreet Howell Nofs Tabor

Brandenburg Huizenga O'Neil Taub

Brown Hune Palmer Tobocman

Byrum Hunter Palsrok Vagnozzi

Caul Jamnick Pappageorge Van Regenmorter

Cheeks Johnson, Rick Phillips Vander Veen

Condino Johnson, Ruth Plakas Voorhees

Daniels Julian Pumford Walker

Dennis Koetje Reeves Ward

DeRoche Kolb Richardville Waters

DeRossett Kooiman Rivet Wenke

Ehardt LaJoy Robertson Whitmer

Elkins LaSata Rocca Williams

Emmons Law Sak Wojno

Farhat Lipsey Shackleton Woodward

Farrah McConico Shaffer Woronchak

Gaffney Meisner Sheltrown Zelenko

Garfield

Nays--7

Caswell Hoogendyk Nitz Sheen

Drolet Hummel Pastor

In The Chair: Julian

The House agreed to the title of the bill.

Rep. Richardville moved that the bill be given immediate effect.

The motion prevailed, 2/3 of the members serving voting therefor.

Second Reading of Bills

House Bill No. 4099, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending sections 11505 and 11514 (MCL 324.11505 and 324.11514).

Was read a second time, and the question being on the adoption of the proposed substitute (H-4) previously recommended by the Committee on Land Use and Environment,

The substitute (H-4) was adopted, a majority of the members serving voting therefor.

Rep. Gieleghem moved to substitute (H-5) the bill.

The question being on the adoption of the substitute (H-5) offered by Rep. Gieleghem,

Rep. Gieleghem demanded the yeas and nays,

The demand was supported.

The question being on the adoption of the substitute (H-5) offered by Rep. Gieleghem,

The substitute (H-5) was not adopted, a majority of the members serving not voting therefor, by yeas and nays, as follows:

Roll Call No. 29 Yeas--45

Accavitti Farrah Lipsey Sheltrown

Acciavatti Gieleghem McConico Smith

Adamini Gillard Meisner Spade

Anderson Gleason Minore Tobocman

Bieda Hardman Murphy Vagnozzi

Brown Hood O'Neil Waters

Byrum Hopgood Phillips Whitmer

Cheeks Hunter Plakas Williams

Condino Jamnick Reeves Wojno

Daniels Kolb Rivet Woodward

Dennis Law Sak Zelenko

Elkins

Nays--59

Amos Hoogendyk Mortimer Shulman

Bisbee Howell Newell Stahl

Bradstreet Huizenga Nitz Stakoe

Brandenburg Hummel Nofs Steil

Caswell Hune Palmer Stewart

Caul Johnson, Rick Palsrok Tabor

DeRoche Johnson, Ruth Pappageorge Taub

DeRossett Julian Pastor Van Regenmorter

Drolet Koetje Pumford Vander Veen

Ehardt Kooiman Richardville Voorhees

Emmons LaJoy Robertson Walker

Farhat LaSata Rocca Ward

Gaffney Meyer Shackleton Wenke

Garfield Middaugh Shaffer Woronchak

Hager Milosch Sheen

In The Chair: Julian

Rep. Gieleghem moved that the bill be placed on the order of Third Reading of Bills.

The motion prevailed.

Rep. Richardville moved that the bill be placed on its immediate passage.

The motion prevailed, a majority of the members serving voting therefor.

By unanimous consent the House returned to the order of

Third Reading of Bills

House Bill No. 4099, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending sections 11505 and 11514 (MCL 324.11505 and 324.11514).

Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:

Roll Call No. 30 Yeas--96

Accavitti Gieleghem Meisner Sheltrown

Acciavatti Gillard Meyer Shulman

Adamini Gleason Middaugh Smith

Amos Hager Milosch Spade

Anderson Hardman Minore Stahl

Bieda Hood Mortimer Steil

Bisbee Hopgood Murphy Stewart

Bradstreet Howell Newell Tabor

Brandenburg Huizenga Nofs Taub

Brown Hummel O'Neil Tobocman

Byrum Hune Palmer Vagnozzi

Caul Hunter Palsrok Van Regenmorter

Cheeks Jamnick Pappageorge Vander Veen

Condino Johnson, Rick Phillips Voorhees

Daniels Johnson, Ruth Plakas Walker

Dennis Julian Pumford Ward

DeRoche Koetje Reeves Waters

DeRossett Kolb Richardville Wenke

Ehardt Kooiman Rivet Whitmer

Elkins LaJoy Robertson Williams

Emmons LaSata Rocca Wojno

Farhat Law Sak Woodward

Farrah Lipsey Shackleton Woronchak

Gaffney McConico Shaffer Zelenko

Nays--8

Caswell Garfield Nitz Sheen

Drolet Hoogendyk Pastor Stakoe

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 "Natural resources and environmental protection act," by amending sections 11505 and 11514 (MCL 324.11505 and 324.11514) and by adding sections 11507b and 11507c.

The motion prevailed.

The House agreed to the title as amended.

Rep. Richardville moved that the bill be given immediate effect.

The motion prevailed, 2/3 of the members serving voting therefor.

By unanimous consent the House returned to the order of

Motions and Resolutions

Rep. Richardville moved to suspend that portion of Rule 44 requiring bills to be handed to the Clerk three hours prior to calling the House to order.

The motion prevailed, 3/5 of the members present voting therefor.

______

Rep. Richardville moved that House Committees be given leave to meet during the balance of today's session.

The motion prevailed.

Reports of Standing Committees

The Committee on Government Operations, by Rep. Koetje, Chair, reported

House Bill No. 4317, entitled

A bill to amend 1846 RS 2, entitled "Of the legislature," by amending section 4 (MCL 4.84).

With the recommendation that the substitute (H-1) be adopted and that the bill then pass.

The bill and substitute were referred to the order of Second Reading of Bills and laid over one day under the rules.

Favorable Roll Call

To Report Out:

Yeas: Reps. Koetje, Drolet and Tobocman

Nays: None

The Committee on Government Operations, by Rep. Koetje, Chair, reported

Senate Bill No. 800, entitled

A bill to amend 1969 PA 306, entitled "Administrative procedures act of 1969," by amending sections 5, 8, 24, 28, 39, 41, 41a, 42, 44, 45, 45a, 49, 50, 52, and 53 (MCL 24.205, 24.208, 24.224, 24.228, 24.239, 24.241, 24.241a, 24.242, 24.244, 24.245, 24.245a, 24.249, 24.250, 24.252, and 24.253), sections 5, 8, 24, 41a, 42, 44, 45, 52, and 53 as amended and sections 28, 39, and 45a as added by 1999 PA 262 and section 41 as amended by 1993 PA 141.

With the recommendation that the substitute (H-1) be adopted and that the bill then pass.

The bill and substitute were referred to the order of Second Reading of Bills and laid over one day under the rules.

Favorable Roll Call

To Report Out:

Yeas: Reps. Koetje, Drolet and Tobocman

Nays: None

The Committee on Government Operations, by Rep. Koetje, Chair, reported

Senate Bill No. 801, entitled

A bill to amend 1899 PA 44, entitled "An act to provide for the publication and distribution of publications, laws, and documents, reports of the several officers, boards of officers and public institutions of this state now or hereafter to be published; to provide for the replacing of publications lost by fire or otherwise; to provide for the publication and distribution of the Michigan manual; to provide for duties of certain state and local government departments and agencies; to establish certain funds; and to provide for certain penalties and remedies," by amending section 2 (MCL 24.2), as amended by 1995 PA 179.

Without amendment and with the recommendation that the bill pass.

The bill was referred to the order of Second Reading of Bills and laid over one day under the rules.

Favorable Roll Call

To Report Out:

Yeas: Reps. Koetje, Drolet and Tobocman

Nays: None

COMMITTEE ATTENDANCE REPORT

The following report, submitted by Rep. Koetje, Chair, of the Committee on Government Operations, was received and read:

Meeting held on: Thursday, February 5, 2004

Present: Reps. Koetje, Drolet and Tobocman

Absent: Reps. Howell and Lipsey

Excused: Reps. Howell and Lipsey

COMMITTEE ATTENDANCE REPORT

The following report, submitted by Rep. Nofs, Chair, of the Committee on Veterans Affairs and Homeland Security, was received and read:

Meeting held on: Thursday, February 5, 2004

Present: Reps. Nofs, Garfield, Richardville, Pappageorge, Ruth Johnson, Woronchak, Woodward, Sheltrown, Spade and Elkins

Absent: Rep. Casperson

Excused: Rep. Casperson

COMMITTEE ATTENDANCE REPORT

The following report, submitted by Rep. Howell, Chair, of the Committee on Judiciary, was received and read:

Meeting held on: Thursday, February 5, 2004

Present: Reps. Howell, LaSata, Van Regenmorter, Bradstreet, Koetje, Pappageorge, Voorhees, Garfield, Lipsey, Adamini, Bieda and Condino

Absent: Reps. Gaffney, Wenke and Smith

Excused: Reps. Gaffney, Wenke and Smith

COMMITTEE ATTENDANCE REPORT

The following report, submitted by Rep. DeRossett, Chair, of the Committee on Transportation, was received and read:

Meeting held on: Thursday, February 5, 2004

Present: Reps. DeRossett, Hummel, DeRoche, Hune, Huizenga, LaJoy, Robertson, Ward, Anderson, Jamnick, Gleason, Tobocman, Murphy and Elkins

Absent: Reps. Casperson, Gaffney and Adamini

Excused: Reps. Casperson, Gaffney and Adamini

Messages from the Senate

House Bill No. 4724, entitled

A bill to amend 1979 PA 94, entitled "The state school aid act of 1979," (MCL 388.1601 to 388.1772) by adding section 9.

The Senate has passed the bill and pursuant to Joint Rule 20, inserted the full title.

The House agreed to the full title.

The bill was referred to the Clerk for enrollment printing and presentation to the Governor.

House Bill No. 4693, entitled

A bill to amend 1976 PA 451, entitled "The revised school code," (MCL 380.1 to 380.1852) by adding section 1294.

The Senate has substituted (S-1) the bill.

The Senate has passed the bill as substituted (S-1) and pursuant to Joint Rule 20, inserted the full title.

The Speaker announced that pursuant to Rule 45, the bill was laid over one day.

Announcement by the Clerk of Printing and Enrollment

The Clerk announced that the following bills had been printed and placed upon the files of the members on Thursday, February 5:

House Bill Nos. 5447 5448 5449 5450 5451 5452 5453 5454 5455 5456 5457 5458

Introduction of Bills

Reps. Gieleghem, Spade, Farrah, Sak, Byrum, Law, Condino, Tobocman and Plakas introduced

House Bill No. 5459, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," (MCL 324.101 to 324.90106) by adding part 166.

The bill was read a first time by its title and referred to the Committee on Land Use and Environment.

Reps. Daniels, Woronchak, Tobocman, O'Neil, Zelenko, Sak, Cheeks, Accavitti, Gillard, Elkins, Wojno, Meisner, Hopgood, Gleason, Condino, Clack, Vagnozzi, Farrah, Plakas, Phillips, Pastor, Whitmer, Bieda, Jamnick, Brown, Rivet, Kolb, Sheltrown, Williams, Gieleghem, Woodward, Hager, Hardman and Hunter introduced

House Bill No. 5460, entitled

A bill to amend 1956 PA 218, entitled "The insurance code of 1956," (MCL 500.100 to 500.8302) by adding chapter 21A.

The bill was read a first time by its title and referred to the Committee on Insurance.

Reps. Vander Veen, Hoogendyk, Nitz, Brandenburg, DeRossett, Stahl, Taub, Wenke and Huizenga introduced

House Bill No. 5461, entitled

A bill to amend 1979 PA 94, entitled "The state school aid act of 1979," by amending section 25c (MCL 388.1625c), as added by 2001 PA 121; and to repeal acts and parts of acts.

The bill was read a first time by its title and referred to the Committee on Appropriations.

Reps. Robertson, Shaffer, LaJoy, Voorhees, Stakoe, Brandenburg, Garfield and Vander Veen introduced

House Bill No. 5462, entitled

A bill to amend 1931 PA 328, entitled "The Michigan penal code," by amending section 316 (MCL 750.316), as amended by 1999 PA 189.

The bill was read a first time by its title and referred to the Committee on Criminal Justice.

Reps. Robertson, Wenke, Shaffer, LaJoy, Voorhees, Stakoe, Brandenburg, Drolet, Garfield, Nitz and Vander Veen introduced

House Bill No. 5463, entitled

A bill to amend 1975 PA 228, entitled "Single business tax act," (MCL 208.1 to 208.145) by adding section 37f.

The bill was read a first time by its title and referred to the Committee on Tax Policy.

Reps. Tobocman, Farrah, Condino, Adamini, Wojno, Sak, Minore and Accavitti introduced

House Bill No. 5464, entitled

A bill to amend 1969 PA 317, entitled "Worker's disability compensation act of 1969," by amending section 405 (MCL 418.405), as amended by 1980 PA 457.

The bill was read a first time by its title and referred to the Committee on Employment Relations, Training and Safety.

Reps. Gaffney, Lipsey, Condino, LaSata, Adamini, Bieda and Smith introduced

House Bill No. 5465, entitled

A bill to amend 1961 PA 236, entitled "Revised judicature act of 1961," by amending section 5856 (MCL 600.5856), as amended by 1993 PA 78.

The bill was read a first time by its title and referred to the Committee on Judiciary.

Reps. Emmons, Milosch, Vander Veen, Garfield, LaJoy, Robertson, Amos, Tabor, Steil, Hune, Walker, Stakoe, Nofs, Tobocman, Ruth Johnson, Middaugh, Farrah, Woronchak, Pumford, Meyer, Shackleton, Plakas, Mortimer, Pappageorge, Bisbee, Kooiman, Huizenga, Sheen, Newell, Rocca, Nitz, Caswell, Brandenburg, Bradstreet, Drolet, Hummel, Acciavatti, Farhat, Pastor, Shulman, Moolenaar, Ward, Gleason, Vagnozzi and Voorhees introduced

House Bill No. 5466, entitled

A bill to amend 1998 PA 386, entitled "Estates and protected individuals code," by amending section 5103 (MCL 700.5103), as amended by 2000 PA 54.

The bill was read a first time by its title and referred to the Committee on Judiciary.

Reps. Voorhees, Nitz, Huizenga, Brandenburg, Hoogendyk, Hager, Hummel, Vander Veen, Kooiman, DeRossett, Taub, Wenke and Sheen introduced

House Bill No. 5467, entitled

A bill to amend 1887 PA 128, entitled "An act establishing the minimum ages for contracting marriages; to require a civil license in order to marry and its registration; to provide for the implementation of federal law; and to provide a penalty for the violation of this act," by amending the title and sections 2, 3, and 3a (MCL 551.102, 551.103, and 551.103a), the title and section 2 as amended by 1998 PA 333, section 3 as amended by 1984 PA 346, and section 3a as amended by 1989 PA 270, and by adding sections 2a and 2b.

The bill was read a first time by its title and referred to the Committee on Judiciary.

Reps. Stahl, Brandenburg, Acciavatti, Shaffer, Meyer, Ward, Nofs, Hune, Taub, Gaffney, Bradstreet, Hager, Voorhees, Kooiman, Lipsey, Hummel, Cheeks, Vander Veen, Gleason, Spade, Pappageorge, Moolenaar, Reeves, Ehardt, Milosch, Sheen, DeRossett, Mortimer, Newell, Nitz, Bisbee, Stakoe, Rocca, Huizenga and Garfield introduced

House Bill No. 5468, entitled

A bill to amend 1967 PA 281, entitled "Income tax act of 1967," (MCL 206.1 to 206.532) by adding section 269.

The bill was read a first time by its title and referred to the Committee on Judiciary.

Reps. Hager, Hoogendyk, Acciavatti, Brandenburg, Stahl, Stewart, Nitz, Spade, Voorhees, Hummel, Kooiman, DeRossett, Taub, Vander Veen and Sheen introduced

House Bill No. 5469, entitled

A bill to amend 1887 PA 128, entitled "An act establishing the minimum ages for contracting marriages; to require a civil license in order to marry and its registration; to provide for the implementation of federal law; and to provide a penalty for the violation of this act," (MCL 551.101 to 551.111) by amending the title, as amended by 1998 PA 333, and by adding section 12.

The bill was read a first time by its title and referred to the Committee on Judiciary.

Reps. Vander Veen, Hoogendyk, Nitz, Caswell, Brandenburg, Hager, Hummel, Kooiman, Taub, DeRossett, Stahl, Wenke and Sheen introduced

House Bill No. 5470, entitled

A bill to amend 1846 RS 84, entitled "Of divorce," (MCL 552.1 to 552.45) by adding sections 5 and 5a.

The bill was read a first time by its title and referred to the Committee on Judiciary.

Reps. Moolenaar, Voorhees, Hoogendyk, Nitz, Hager, Hummel, Kooiman, DeRossett, Vander Veen, Huizenga, Sheen and Taub introduced

House Bill No. 5471, entitled

A bill to amend 1970 PA 91, entitled "Child custody act of 1970," by amending the title and sections 1, 2, 3, 4, 5, 6, 6a, 7, 7a, 7b, and 11 (MCL 722.21, 722.22, 722.23, 722.24, 722.25, 722.26, 722.26a, 722.27, 722.27a, 722.27b, and 722.31), the title and sections 7a and 7b as amended by 1996 PA 19, section 2 as amended by 2002 PA 9, sections 3, 5, and 6 as amended by 1993 PA 259, section 4 as amended by 1998 PA 482, section 7 as amended by 2001 PA 108, section 6a as added by 1980 PA 434, and section 11 as added by 2000 PA 422, and by adding sections 12, 13, 14, 15, 16, 17, 18, and 19.

The bill was read a first time by its title and referred to the Committee on Judiciary.

Reps. Bradstreet, Voorhees, Nitz, Stahl, Hager, Hummel, DeRossett, Vander Veen, Kooiman, Drolet and Hoogendyk introduced

House Bill No. 5472, entitled

A bill to amend 1846 RS 84, entitled "Of divorce," by amending section 45 (MCL 552.45).

The bill was read a first time by its title and referred to the Committee on Judiciary.

Reps. Wojno, Hummel, Bieda, Wenke, Gleason, Kooiman, Vander Veen, Sak, Richardville, Cheeks, Mortimer, Hoogendyk, Sheen and Taub introduced

House Bill No. 5473, entitled

A bill to amend 1887 PA 128, entitled "An act establishing the minimum ages for contracting marriages; to require a civil license in order to marry and its registration; to provide for the implementation of federal law; and to provide a penalty for the violation of this act," by amending sections 3 and 4 (MCL 551.103 and 551.104), section 3 as amended by 1984 PA 346.

The bill was read a first time by its title and referred to the Committee on Judiciary.

Reps. Gleason, Stahl, Gillard, Murphy, Adamini, Bieda, Sak, Stakoe, Voorhees, Pastor, Hoogendyk, Hager, Hummel, Kooiman, Vander Veen and Taub introduced

House Bill No. 5474, entitled

A bill to amend 1978 PA 368, entitled "Public health code," by amending sections 16901, 16903, and 16905 (MCL 333.16901, 333.16903, and 333.16905), as added by 1995 PA 126.

The bill was read a first time by its title and referred to the Committee on Judiciary.

Reps. Bradstreet, Ruth Johnson, Nitz, Woodward, Nofs, Stahl, Vander Veen and DeRossett introduced

House Bill No. 5475, entitled

A bill to amend 1976 PA 451, entitled "The revised school code," (MCL 380.1 to 380.1852) by adding section 620.

The bill was read a first time by its title and referred to the Committee on Education.

Reps. DeRoche, Nitz, Ward, Newell, Hummel, Tabor, Voorhees, Drolet, Brandenburg, Pastor, Ehardt, Hoogendyk, Shaffer, Robertson, Palmer, Taub, Vander Veen, Palsrok, Sheen, Milosch, Stahl, Wenke, DeRossett, Emmons, Kooiman and Huizenga introduced

House Bill No. 5476, entitled

A bill to amend 1976 PA 451, entitled "The revised school code," by amending sections 1535a, 1539a, and 1539b (MCL 380.1535a, 380.1539a, and 380.1539b), as amended by 1995 PA 289.

The bill was read a first time by its title and referred to the Committee on Education.

Reps. Hummel, Nitz, Vander Veen, Milosch, Shaffer, Palmer, Hoogendyk, Kooiman, Drolet, Voorhees, Newell, Sheen and Hune introduced

House Bill No. 5477, entitled

A bill to amend 1976 PA 451, entitled "The revised school code," by amending sections 1169 and 1507 (MCL 380.1169 and 380.1507), as amended by 1993 PA 335, and by adding section 1507b.

The bill was read a first time by its title and referred to the Committee on Education.

Reps. Stahl, Hummel, Nitz, Vander Veen, Milosch, Huizenga, Pastor, Palmer, Hoogendyk, Drolet, Voorhees, Newell, Sheen, Hune, Palsrok and Kooiman introduced

House Bill No. 5478, entitled

A bill to amend 1979 PA 94, entitled "The state school aid act of 1979," by amending section 166a (MCL 388.1766a), as amended by 2003 PA 158.

The bill was read a first time by its title and referred to the Committee on Education.

Rep. Howell introduced

House Bill No. 5479, entitled

A bill to amend 1961 PA 236, entitled "Revised judicature act of 1961," by amending section 8142 (MCL 600.8142).

The bill was read a first time by its title and referred to the Committee on Judiciary.

Rep. Howell introduced

House Bill No. 5480, entitled

A bill to amend 1961 PA 236, entitled "Revised judicature act of 1961," by amending section 549g (MCL 600.549g), as added by 1981 PA 182.

The bill was read a first time by its title and referred to the Committee on Judiciary.

Rep. Howell introduced

House Bill No. 5481, entitled

A bill to amend 1956 PA 218, entitled "The insurance code of 1956," (MCL 500.100 to 500.8302) by adding section 3136.

The bill was read a first time by its title and referred to the Committee on Insurance.

Rep. Ward introduced

House Bill No. 5482, entitled

A bill to amend 1954 PA 116, entitled "Michigan election law," (MCL 168.1 to 168.992) by adding section 679a.

The bill was read a first time by its title and referred to the Committee on Local Government and Urban Policy.

Reps. Rivet, McConico, Accavitti, Farrah, Tobocman, Bisbee, Huizenga, DeRoche, Hunter and Elkins introduced

House Bill No. 5483, entitled

A bill to amend 2000 PA 146, entitled "Obsolete property rehabilitation act," by amending section 2 (MCL 125.2782).

The bill was read a first time by its title and referred to the Committee on Commerce.

Reps. McConico, Rivet, Accavitti, Farrah, Tobocman, Bisbee, Huizenga, DeRoche, Hunter and Elkins introduced

House Bill No. 5484, entitled

A bill to amend 1992 PA 147, entitled "Neighborhood enterprise zone act," by amending sections 5 and 12 (MCL 207.775 and 207.782), section 12 as amended by 2001 PA 217.

The bill was read a first time by its title and referred to the Committee on Commerce.

Reps. Garfield, Nofs, Drolet, Pastor, Milosch, Taub, Stahl, Brandenburg, Elkins, LaJoy and DeRossett introduced

House Bill No. 5485, entitled

A bill to amend 1965 PA 190, entitled "An act to provide for a system of uniformity of service for veterans," by amending section 1 (MCL 35.61), as amended by 1997 PA 131.

The bill was read a first time by its title and referred to the Committee on Veterans Affairs and Homeland Security.

Reps. Acciavatti, Garfield, Nofs, Pastor, Taub, Stahl, Brandenburg, Elkins, LaJoy and DeRossett introduced

House Bill No. 5486, entitled

A bill to amend 1946 (1st Ex Sess) PA 9, entitled "An act to create the Michigan veterans' trust fund, and to define who shall be eligible to receive assistance therefrom; to provide for the disbursement of the income thereof and surplus therein; to create a board of trustees, and to prescribe its powers and duties; to provide for county and district committees, and their powers, duties, and expenses; to prescribe penalties; and to make appropriations to carry out the provisions of this act," by amending section 2 (MCL 35.602).

The bill was read a first time by its title and referred to the Committee on Veterans Affairs and Homeland Security.

Reps. Hune, Julian, Sheen, Spade, Ward, DeRoche, Nitz, Caswell, Palsrok, Newell, Emmons, LaJoy, Mortimer, Ehardt, Vander Veen, Acciavatti, Hummel, Walker, Nofs, Van Regenmorter, Stakoe, Pumford, Pappageorge, Meyer, Farhat, Brandenburg, Pastor, Hoogendyk, Amos, Shaffer, Robertson, Palmer, Taub, Voorhees, Huizenga, Middaugh, Gaffney, Wenke, Stahl, Milosch, Tabor and Anderson introduced

House Bill No. 5487, entitled

A bill to amend 1949 PA 300, entitled "Michigan vehicle code," (MCL 257.1 to 257.923) by adding section 811o.

The bill was read a first time by its title and referred to the Committee on Transportation.

Reps. Meyer, Stahl, LaJoy, Vander Veen, Nitz and Ehardt introduced

House Bill No. 5488, entitled

A bill to amend 1933 PA 167, entitled "General sales tax act," (MCL 205.51 to 205.78) by adding section 4bb.

The bill was read a first time by its title and referred to the Committee on Tax Policy.

Reps. Law, Bieda, Hopgood, Gleason, Spade, Tobocman, Sak, Murphy, Elkins, Pappageorge, Gillard, Meisner, Smith, Hunter, Hood, Zelenko, Gieleghem, Phillips, Vagnozzi, Dennis, Sheltrown, Vander Veen, Nofs, Woodward, Condino, Wojno, Accavitti, O'Neil, Brown, Adamini, Plakas, Farrah, Kolb, Lipsey, Cheeks, McConico, Jamnick, Reeves, Minore, Williams, Clack, Ruth Johnson, Palmer, Voorhees, Hager, Hardman, Richardville, Ehardt, Pumford, Woronchak, Gaffney, Rocca and Meyer introduced

House Bill No. 5489, entitled

The bill was read a first time by its title and referred to the Committee on Veterans Affairs and Homeland Security.

Reps. Law, Hopgood, Bieda, Gleason, Spade, Tobocman, Sak, Murphy, Elkins, Pappageorge, Gillard, Meisner, Smith, Hunter, Hood, Zelenko, Gieleghem, Phillips, Vagnozzi, Dennis, Sheltrown, Vander Veen, Nofs, Woodward, Condino, Wojno, Accavitti, O'Neil, Brown, Adamini, Plakas, Farrah, Kolb, Lipsey, Cheeks, McConico, Jamnick, Reeves, Minore, Williams, Clack, Ruth Johnson, Palmer, Voorhees, Hager, Hardman, Richardville, Ehardt, Pumford, Woronchak, Gaffney, Rocca and Meyer introduced

House Bill No. 5490, entitled

A bill to amend 1965 PA 190, entitled "An act to provide for a system of uniformity of service for veterans," by amending section 1 (MCL 35.61), as amended by 1997 PA 131.

The bill was read a first time by its title and referred to the Committee on Veterans Affairs and Homeland Security.

Reps. Wenke, Hoogendyk, Nofs and Lipsey introduced

House Bill No. 5491, entitled

A bill to amend 2001 PA 142, entitled "Michigan memorial highway act," (MCL 250.1001 to 250.1100) by adding section 1080.

The bill was read a first time by its title and referred to the Committee on Transportation.

Reps. Wenke, Lipsey and Nofs introduced

House Bill No. 5492, entitled

A bill to amend 1998 PA 58, entitled "Michigan liquor control code of 1998," (MCL 436.1101 to 436.2303) by adding section 514a.

The bill was read a first time by its title and referred to the Committee on Regulatory Reform.

Reps. Moolenaar, Walker, Palmer, Palsrok, Wenke, Stahl, Nofs, Newell, Hager, Amos, LaJoy, Hoogendyk, Julian, Koetje, Sheen, DeRossett, Shackleton, Pappageorge, Ward, Caul, Farhat, Rick Johnson, Shaffer, Bradstreet, Stakoe, DeRoche, Gaffney, Huizenga, Kooiman, Voorhees and Meyer introduced

House Joint Resolution V, entitled

A joint resolution proposing an amendment to the state constitution of 1963, by amending section 3 of article VIII, to provide for gubernatorial appointment of the superintendent of public instruction.

The joint resolution was read a first time by its title and referred to the Committee on Education.

______

Rep. Ward moved that the House adjourn.

The motion prevailed, the time being 1:30 p.m.

The Speaker Pro Tempore declared the House adjourned until Tuesday, February 10, at 1:00 p.m.

GARY L. RANDALL

Clerk of the House of Representatives