2004-HJ-09-22-082.htm

No. 82

STATE OF MICHIGAN

JOURNAL

OF THE

House of Representatives

92nd Legislature

REGULAR SESSION OF 2004

House Chamber, Lansing, Wednesday, September 22, 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--excused

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

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

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

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

Bieda--present Hardman--e/d/s Moolenaar--present Stahl--present

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

Bradstreet--present Hood--e/d/s Murphy--present Stallworth--present

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--present Huizenga--present O'Neil--present Taub--present

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

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

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

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

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

Daniels--e/d/s 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--e/d/s Rocca--present Wojno--present

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

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

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

Gaffney--present

e/d/s = entered during session

Rep. John C. Stewart, from the 20th District, offered the following invocation:

"Dear Lord, we thank You for the opportunity to come together as the Michigan Legislature. At this time, we especially pray for peace in Iraq and for the soldiers and their families. Further, here in our state of Michigan, guide us in our deliberations over the budget to always be 'intellectually honest' and fiscally responsible.

Today, we thank You for the privilege to recognize the State Championship Women's Class A Soccer Team of Northville High School. We are glad to honor these student-athletes who best exemplify excellence in academics and athletics. May we transfer this level of excellence to our spiritual lives. Remind us that oftentimes, 'physical fitness and mental fitness go hand in hand.'

We know that we are students for life because education is a lifelong process. Give us an unquenchable thirst for knowledge and encourage us to always strive for the closest approximation of truth.

Help us to be more kind and humble and teach us to serve You more each day. All this we ask in Jesus' name. Amen."

______

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

The motion prevailed.

Rep. Palmer moved that Rep. Sheen be excused from today's session.

The motion prevailed.

Rep. Accavitti moved that Rep. Wojno be excused temporarily from today's session.

The motion prevailed.

Messages from the Senate

The Speaker laid before the House

House Bill No. 5113, entitled

A bill to amend 1966 PA 293, entitled "An act to provide for the establishment of charter counties; to provide for the election of charter commissioners; to prescribe their powers and duties; to prohibit certain acts of a county board of commissioners after the approval of the election of a charter commission; to prescribe the mandatory and permissive provisions of a charter; to provide for the exercise by a charter county of certain powers whether or not authorized by its charter; and to prescribe penalties and provide remedies," by amending section 4 (MCL 45.504), as amended by 1980 PA 7.

(The bill was received from the Senate on September 15, with an amendment and immediate effect given by the Senate, consideration of which, under the rules, was postponed until today, see House Journal No. 81, p. 2215.)

The question being on concurring in the amendment made to the bill by the Senate,

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

Roll Call No. 782 Yeas--98

Accavitti Farrah Meyer Sheltrown

Acciavatti Gaffney Middaugh Shulman

Adamini Garfield Milosch Spade

Amos Gieleghem Minore Stahl

Anderson Gillard Moolenaar Stakoe

Bieda Gleason Murphy Stallworth

Bisbee Hager Newell Steil

Bradstreet Hart Nitz Stewart

Brandenburg Hoogendyk Nofs Tabor

Brown Hopgood O'Neil Taub

Byrum Howell Palmer Tobocman

Casperson Huizenga Palsrok Vagnozzi

Caswell Hummel Pappageorge Van Regenmorter

Caul Hune Pastor Vander Veen

Cheeks Hunter Phillips Voorhees

Clack Jamnick Plakas Walker

Condino Johnson, Rick Pumford Ward

Dennis Johnson, Ruth Richardville Waters

DeRoche Julian Rivet Wenke

DeRossett Koetje Robertson Whitmer

Drolet Kolb Rocca Williams

Ehardt Kooiman Sak Woodward

Elkins LaJoy Shackleton Woronchak

Emmons Law Shaffer Zelenko

Farhat Lipsey

Nays--0

In The Chair: Julian

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

______

Reps. LaSata and Daniels entered the House Chambers.

Third Reading of Bills

Senate Bill No. 1111, entitled

A bill to amend 1971 PA 140, entitled "Glenn Steil state revenue sharing act of 1971," by amending section 11 (MCL 141.911), as amended by 2004 PA 77.

(The bill was read a third time and not passed, vote reconsidered and bill postponed for the day on September 15, see House Journal No. 81, p. 2209.)

The question being on the passage of the bill,

Rep. Richardville moved to reconsider the vote by which the House adopted the substitute (H-1) offered previously by Rep. Rick Johnson.

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

The question being on the adoption of the substitute (H-1) offered previously by Rep. Rick Johnson,

The substitute (H-1) was not adopted, a majority of the members serving not voting therefor.

The question being on the passage of the bill,

Rep. Richardville moved that consideration of the bill be postponed temporarily.

The motion prevailed.

Announcement by the Clerk of Printing and Enrollment

The Clerk announced the enrollment printing and presentation to the Governor on Thursday, September 16, for her approval of the following bill:

Enrolled House Bill No. 5526 at 3:05 p.m.

The Clerk announced that the following bills had been printed and placed upon the files of the members on Thursday, September 16:

House Bill Nos. 6209 6210 6211 6212

Senate Bill Nos. 1393 1394 1395 1396

The Clerk announced the enrollment printing and presentation to the Governor on Friday, September 17, for her approval of the following bills:

Enrolled House Bill No. 5801 at 10:48 a.m.

Enrolled House Bill No. 4742 at 10:50 a.m.

Enrolled House Bill No. 5521 at 10:52 a.m.

The Clerk announced the enrollment printing and presentation to the Governor on Monday, September 20, for her approval of the following bill:

Enrolled House Bill No. 5516 at 2:54 p.m.

The Clerk announced that the following bill had been printed and placed upon the files of the members on Tuesday, September 21:

Senate Bill No. 1416

The Clerk announced that the following Senate bill had been received on Tuesday, September 21:

Senate Bill No. 1130

By unanimous consent the House returned to the order of

Messages from the Senate

House Bill No. 5509, entitled

A bill to make appropriations for the department of agriculture for the fiscal year ending September 30, 2005; to provide for the expenditure of the appropriations; to create funds; to provide for the imposition of fees; to require reports, audits, and plans; to authorize certain transfers by certain state agencies; and to provide for the disposition of fees and other income received by certain state agencies.

(For text of conference report, see House Journal No. 80, p. 2176.)

The Senate has adopted the report of the Committee of Conference.

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

House Bill No. 5534, 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 Senate has passed the bill, ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title.

The House agreed to the full title.

The bill was referred to the Clerk for enrollment printing and presentation to the Governor on September 21, 2004.

House Bill No. 5782, entitled

A bill to amend 2000 PA 161, entitled "Michigan education savings program act," by amending sections 2, 7, 8, and 9 (MCL 390.1472, 390.1477, 390.1478, and 390.1479), as amended by 2001 PA 215.

The Senate has passed the bill, ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title.

The House agreed to the full title.

The bill was referred to the Clerk for enrollment printing and presentation to the Governor on September 21, 2004.

House Bill No. 5809, entitled

A bill to amend 1961 PA 236, entitled "Revised judicature act of 1961," (MCL 600.101 to 600.9947) by adding section 2974.

The Senate has passed the bill, ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title.

The House agreed to the full title.

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

House Bill No. 5783, entitled

A bill to amend 1986 PA 316, entitled "Michigan education trust act," by amending sections 6, 7, and 8 (MCL 390.1426, 390.1427, and 390.1428); and to repeal acts and parts of acts.

The Senate has amended the bill as follows:

1. Amend page 9, line 7, after "(3)(b)" by inserting "and subsection (5)".

2. Amend page 11, following line 21, by inserting:

"(5) The trust may offer an advance tuition payment contract that does not provide for a refund under subsection (2) to a purchaser who is an individual, state or local government agency or instrumentality, or a person exempt from taxation as an organization described in section 501c(3) of the internal revenue code of 1986, 26USC501, and who is purchasing the contract as part of a scholarship program. The price of a contract offered pursuant to this subsection shall be established to reflect that the terms of the contract do not provide for a refund.".

The Senate has passed the bill as amended, ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title.

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

Notices

The Speaker appointed as conferees, on the part of the House of Representatives for House Bill No. 5313, Reps. Pumford, Caswell and Gillard.

Communications from State Officers

The following communication from the Secretary of State was received and read:

Notice of Filing

Administrative Rules

September 7, 2004

In accordance with the provisions of Section 46(1) of Act 306, Public Acts of 1969, as amended, and Executive Order 1995-6 this is to advise you that the Office of Regulatory Reform, Legal Division filed at 2:00 P.M. this date, administrative rule (04-09-01) for the Department of Education, State Board of Education, entitled "Special Education Programs and Services", effective 7 days after filing with the Secretary of State.

Sincerely,

Terri Lynn Land

Secretary of State

Robin Houston, Office Supervisor

Office of the Great Seal

The communication was referred to the Clerk.

______

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

The motion prevailed.

By unanimous consent the House returned to the order of

Second Reading of Bills

House Bill No. 6101, entitled

A bill to authorize the state administrative board to convey certain state owned property in Branch county; to prescribe conditions for the conveyance; and to provide for disposition of the revenue from the conveyance.

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

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

Rep. Caswell 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.

Reps. Hood and Hardman entered the House Chambers.

Rep. Waters moved that Reps. Adamini, Gleason and Phillips be excused temporarily from today's session.

The motion prevailed.

Rep. Palmer moved that Reps. Gaffney and Shackleton be excused temporarily from today's session.

The motion prevailed.

By unanimous consent the House returned to the order of

Third Reading of Bills

House Bill No. 6101, entitled

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

Roll Call No. 783 Yeas--102

Accavitti Garfield Meyer Shulman

Acciavatti Gieleghem Middaugh Smith

Amos Gillard Milosch Spade

Anderson Hager Minore Stahl

Bieda Hardman Moolenaar Stakoe

Bisbee Hart Mortimer Stallworth

Bradstreet Hood Murphy Steil

Brandenburg Hoogendyk Newell Stewart

Brown Hopgood Nitz Tabor

Byrum Howell Nofs Taub

Casperson Huizenga O'Neil Tobocman

Caswell Hummel Palmer Vagnozzi

Caul Hune Palsrok Van Regenmorter

Cheeks Hunter Pappageorge Vander Veen

Clack Jamnick Pastor Voorhees

Condino Johnson, Rick Plakas Walker

Daniels Johnson, Ruth Pumford Ward

Dennis Julian Reeves Waters

DeRoche Koetje Richardville Wenke

DeRossett Kolb Rivet Whitmer

Drolet Kooiman Robertson Williams

Ehardt LaJoy Rocca Wojno

Elkins LaSata Sak Woodward

Emmons Law Shaffer Woronchak

Farhat Lipsey Sheltrown Zelenko

Farrah Meisner

Nays--0

In The Chair: Julian

The House agreed to the title of the bill.

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

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

The Speaker Pro Tempore called Associate Speaker Pro Tempore Ehardt to the Chair.

The House returned to the consideration of

Senate Bill No. 1111, entitled

A bill to amend 1971 PA 140, entitled "Glenn Steil state revenue sharing act of 1971," by amending section 11 (MCL 141.911), as amended by 2004 PA 77.

(The bill was considered earlier today, see today's Journal p. 2241.)

The question being on the passage of the bill,

Rep. Julian moved to amend the bill as follows:

1. Amend page 5, following line 11, by inserting:

"Enacting section 1. This amendatory act does not take effect if both of the following conditions are met:

(a) House Bill No. 4610 of the 92nd Legislature is enacted into law.

(b) State Proposal 2004-1 is submitted to and is not approved by the people at the general election held November2, 2004.".

The motion was seconded.

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

Rep. Julian demanded the yeas and nays.

The demand was supported.

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

Rep. Julian withdrew the amendment.

The question being on the passage of the bill,

______

The Speaker Pro Tempore resumed the Chair.

The Speaker moved that there be a Call of the House.

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

Proceedings Under the Call

The roll of the House was called by the Clerk and Reps. McConico and Sheen were reported absent.

______

Rep. Richardville moved that the Sergeant at Arms be dispatched after the absentees.

The motion prevailed.

______

Rep. Richardville moved that the House proceed with the business under the Call.

The motion prevailed.

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. 784 Yeas--55

Accavitti Gaffney Meyer Shulman

Adamini Gieleghem Minore Stallworth

Bieda Gillard Murphy Steil

Brown Gleason Newell Tabor

Byrum Hart O'Neil Van Regenmorter

Caul Hopgood Palsrok Vander Veen

Clack Howell Phillips Walker

Condino Jamnick Plakas Waters

Dennis Johnson, Rick Pumford Wenke

DeRoche Koetje Rivet Whitmer

DeRossett Kolb Sak Williams

Elkins Kooiman Shackleton Wojno

Emmons Lipsey Shaffer Zelenko

Farrah Meisner Sheltrown

Nays--52

Acciavatti Garfield Law Rocca

Amos Hager Middaugh Smith

Anderson Hardman Milosch Spade

Bisbee Hood Moolenaar Stahl

Bradstreet Hoogendyk Mortimer Stakoe

Brandenburg Huizenga Nitz Stewart

Casperson Hummel Nofs Taub

Caswell Hune Palmer Tobocman

Cheeks Hunter Pappageorge Vagnozzi

Daniels Johnson, Ruth Pastor Voorhees

Drolet Julian Reeves Ward

Ehardt LaJoy Richardville Woodward

Farhat LaSata Robertson Woronchak

In The Chair: Julian

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

"An act to provide for the distribution of certain state revenues to cities, villages, townships, and counties; to impose certain duties and confer certain powers on this state, political subdivisions of this state, and the officers of both; to create reserve funds; and to establish a revenue sharing task force and provide for its powers and duties,"

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. Drolet, 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:

These bills are the culmination of a monument to fiscal irresponsibility that has been under construction in Lansing for a long time. Budget boondoggles and tax schemes have slipped quietly passed the taxpayers over these last few years with limited outrage until the bills came due, but those days are over. This time, the taxpayers are sending a clear message about these raids on their wallets: WE ARE ANGRY!

There is no place left to hide. A vote in favor of this scheme sends back an equally clear statement from government to the taxpayers: WE DON'T CARE!

A long list of missed opportunities has brought us to this point.

While the structural deficit problem was just beginning in Lansing, Michigan families facing reduced revenue were wisely trimming their budgets of things like vacations. But state government kept launching new spending sprees, like the Life Sciences Corridor and the Department of History, Arts and Libraries programs and departments that did not exist and were not necessary even when we did have too much money to spend!

Instead of being serious about spending, Lansing dedicated itself to gimmicks and shifty tax schemes. When the federal government gave us nearly a billion dollars to help cover our shortfall, we should have phased out programs and reduced our structural deficit. Instead, Lansing spent the money propping up the bloated budget and sustained the irresponsible spending that continues to cough up large annual deficits.

The rainy day fund was entirely emptied. A business tax cut was cancelled, and an unprecedented flow tax was created for businesses that use water. This financial assault on job providers did not halt the loss of jobs. But rather than look at itself as the problem, Lansing tried to lure jobs back with even more spending schemes such as the Cool Cities Initiative.

The state failed to cut even the silliest spending. Libraries do not need to digitize old books this year. The books could sit on the shelves and wait for when more money is available, yet millions will be spent on the project right now because too few of us are willing to vote against it.

Getting the votes to cut the taxpayer's income has been easier. Michigan leads most of the nation in cigarette taxation due to two huge tax hikes. So-called 'bad driver fees' and two new ticket tax increases were enacted against nearly every driver and vehicle and even some cars and trailers just sitting harmlessly in garages with expired license plates.

Now Lansing wants tomorrow's taxes today. It is silly to expect taxpayers to believe that this is anything but another tax increase. Government's credibility regarding the budget has been shredded. We spent our way into deficit and we should cut our way out. That's what the taxpayers want. It is their money. We should follow their example and abide by their wishes."

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 am voting 'no' because one of my highest obligations as a state representative is to the Michigan economy and to the family budget. By moving up property taxes we are increasing the burden on job providers, families and seniors across the state. This is wrong. In this era of intense competition for jobs this is one more black mark on Michigan's business climate. I would note that since 1995 Michigan ranks 51^st out of the 50 states and the District of Columbia for job creation. It is tax schemes like this that have contributed to our poor climate for economic growth.

The Governor has falsely claimed that revenue sharing will be cut to all counties if this bill does not pass. Somehow she has found money for arts, foreign trade offices, cool cities initiatives, million dollar grants to private businesses, land give away to a foreign corporation ($25 million) and prisoner education programs. In fact, the Governor's office and the legislative budget were just increased by 7.1 percent (over $8 million). If the Governor could be more concerned about the Michigan economy over protecting her pet projects and government bureaucracies this bill would be unnecessary.

The hard working people of Michigan want more than an accounting gimmick. That is why I have proposed a cut of 2 percent General Fund/General Purpose that would enable us to restore revenue sharing."

Second Reading of Bills

Senate Bill No. 1112, entitled

A bill to amend 1893 PA 206, entitled "The general property tax act," by amending section 44a (MCL 211.44a), as added by 1993 PA 313.

The bill was read a second time.

Rep. Mortimer moved to amend the bill as follows:

1. Amend page 1, line 5, after "to" by striking out "shall" and inserting "in which 1 or more local units of government levies a summer property tax may by resolution of its governing body determine to".

2. Amend page 4, line 9, after "county" by inserting "that levies a summer property tax levy under subsection (1)".

The motion did not prevail and the amendments were not adopted, a majority of the members serving not voting therefor.

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

The motion prevailed.

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

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

By unanimous consent the House returned to the order of

Third Reading of Bills

Senate Bill No. 1112, entitled

A bill to amend 1893 PA 206, entitled "The general property tax act," by amending section 44a (MCL 211.44a), as added by 1993 PA 313.

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

Roll Call No. 785 Yeas--55

Accavitti Gaffney Meyer Shulman

Adamini Gieleghem Minore Stallworth

Bieda Gillard Murphy Steil

Brown Gleason Newell Tabor

Byrum Hart O'Neil Van Regenmorter

Caul Hopgood Palsrok Vander Veen

Clack Howell Phillips Walker

Condino Jamnick Plakas Waters

Dennis Johnson, Rick Pumford Wenke

DeRoche Koetje Rivet Whitmer

DeRossett Kolb Sak Williams

Elkins Kooiman Shackleton Wojno

Emmons Lipsey Shaffer Zelenko

Farrah Meisner Sheltrown

Nays--51

Acciavatti Hager Middaugh Smith

Amos Hardman Milosch Spade

Anderson Hood Moolenaar Stahl

Bisbee Hoogendyk Mortimer Stakoe

Bradstreet Huizenga Nitz Stewart

Brandenburg Hummel Nofs Taub

Casperson Hune Palmer Tobocman

Caswell Hunter Pappageorge Vagnozzi

Cheeks Johnson, Ruth Pastor Voorhees

Daniels Julian Reeves Ward

Drolet LaJoy Richardville Woodward

Farhat LaSata Robertson Woronchak

Garfield Law Rocca

In The Chair: Julian

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

"An act to provide for the assessment of rights and interests, including leasehold interests, in property and the levy and collection of taxes on property, and for the collection of taxes levied; making those taxes a lien on the property taxed, establishing and continuing the lien, providing for the sale or forfeiture and conveyance of property delinquent for taxes, and for the inspection and disposition of lands bid off to the state and not redeemed or purchased; to provide for the establishment of a delinquent tax revolving fund and the borrowing of money by counties and the issuance of notes; to define and limit the jurisdiction of the courts in proceedings in connection with property delinquent for taxes; to limit the time within which actions may be brought; to prescribe certain limitations with respect to rates of taxation; to prescribe certain powers and duties of certain officers, departments, agencies, and political subdivisions of this state; to provide for certain reimbursements of certain expenses incurred by units of local government; to provide penalties for the violation of this act; and to repeal acts and parts of acts,"

The House agreed to the full title.

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

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

Second Reading of Bills

Senate Bill No. 1104, entitled

A bill to amend 1971 PA 140, entitled "Glenn Steil state revenue sharing act of 1971," by amending section 13 (MCL 141.913), as amended by 2004 PA 77.

(The bill was read a second time, substitute (H-1) adopted, and bill postponed for the day on September 15, see House Journal No. 81, p. 2210.)

Rep. Cheeks moved to amend the bill as follows:

1. Amend page 5, line 4, after "0.08." by striking out the balance of the subsection and inserting "For the 2004-2005 state fiscal year only, the total combined distribution under this subsection and section 10 of article IX of the state constitution of 1963 shall be equal to the total combined distribution under this subsection and section 10 of article IX of the state constitution of 1963 for the 2003-2004 state fiscal year.".

2. Amend page 7, line 2, after "1963" by striking out the balance of the sentence and inserting "plus $445,300,000.00 minus the amount distributed under subsection (6) for the 2003-2004 state fiscal year by difference of $1,126,300,000.00 minus the amount distributed under subsection (6) for the 2003-2004 state fiscal year.".

The motion did not prevail and the amendments were not adopted, a majority of the members serving not voting therefor.

Rep. Waters moved to reconsider the vote by which the House did not adopt the amendments.

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

The question being on the adoption of the amendments offered previously by Rep. Cheeks,

Rep. Cheeks moved that consideration of the amendments be postponed temporarily.

The motion prevailed.

Rep. Richardville moved to reconsider the vote by which the House adopted the substitute (H-1) offered previously by Rep. Rick Johnson.

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

The question being on the adoption of the substitute (H-1) offered previously by Rep. Rick Johnson,

Rep. Rick Johnson withdrew the substitute.

The question being on the adoption of the amendments offered previously by Rep. Cheeks,

The Chair ruled that the amendments were not in proper form for consideration at this time.

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

The motion prevailed.

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

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

By unanimous consent the House returned to the order of

Third Reading of Bills

Senate Bill No. 1104, entitled

A bill to amend 1971 PA 140, entitled "Glenn Steil state revenue sharing act of 1971," by amending section 13 (MCL 141.913), as amended by 2004 PA 77.

The bill was read a third time.

The question being on the passage of the bill,

Rep. Cheeks moved to amend the bill as follows:

1. Amend page 5, line 4, after "0.08." by striking out the balance of the subsection and inserting "For the 2004-2005 state fiscal year only, the total combined distribution under this subsection and section 10 of article IX of the state constitution of 1963 shall be equal to the total combined distribution under this subsection and section10 of article IX of the state constitution of 1963 for the 2003-2004 state fiscal year.".

The motion was seconded.

The question being on the adoption of the amendments offered by Rep. Cheeks,

The amendments were not adopted, a majority of the members serving not 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. 786 Yeas--97

Accavitti Garfield Meyer Shaffer

Acciavatti Gieleghem Middaugh Sheltrown

Adamini Gillard Milosch Shulman

Amos Gleason Minore Spade

Anderson Hager Moolenaar Stahl

Bieda Hart Mortimer Stakoe

Bisbee Hoogendyk Murphy Stallworth

Bradstreet Hopgood Newell Steil

Brandenburg Howell Nitz Stewart

Brown Huizenga Nofs Tabor

Byrum Hummel O'Neil Taub

Casperson Hune Palmer Vagnozzi

Caswell Jamnick Palsrok Van Regenmorter

Caul Johnson, Rick Pappageorge Vander Veen

Clack Johnson, Ruth Pastor Voorhees

Condino Julian Phillips Walker

Dennis Koetje Plakas Ward

DeRoche Kolb Pumford Wenke

DeRossett Kooiman Richardville Whitmer

Drolet LaJoy Rivet Williams

Elkins LaSata Robertson Wojno

Emmons Law Rocca Woodward

Farhat Lipsey Sak Woronchak

Farrah Meisner Shackleton Zelenko

Gaffney

Nays--9

Cheeks Hood Reeves Tobocman

Daniels Hunter Smith Waters

Hardman

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.

Reps. Tobocman, Reeves, Hardman and Waters, having reserved the right to explain their protest against the passage of the bill, made the following statement:

"Mr. Speaker and members of the House:

I voted against Senate Bill 1104 because it breaks with the 1998 revenue sharing agreement made between the Michigan Legislature and the City of Detroit. At that time, Detroit agreed to roll back its wage and income taxes over a ten-year period in exchange for freezing its annual revenue sharing at $330.9 million annually. Since this agreement was adopted, the City of Detroit has continuously lived up to its end of the bargain by reducing its income and wage taxes as prescribed by law, except for this past year when the law allowed the City to pause its rollback due to the downturn in its economy and revenues. Passage of SB 1104 would violate the agreement if State revenues do not meet the consensus revenue estimating conference projections. I am disappointed that the Legislature has decided not to respect the 1998 agreement by passing this bill and hope that it will seek to honor the agreement in future budgets."

Second Reading of Bills

Senate Bill No. 1105, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending sections2153 and 2154 (MCL 324.2153 and 324.2154), as added by 1995 PA 60.

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

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

Rep. Caul moved to amend the bill as follows:

1. Amend page 5, line 2, by striking out "and the total annual amount of all assessments payable to the treasurer or other officer charged with the collection of taxes for an assessing district is more than $250.00,".

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. 1105, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending sections2153 and 2154 (MCL 324.2153 and 324.2154), as added by 1995 PA 60.

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

Roll Call No. 787 Yeas--82

Accavitti Farrah Meyer Shulman

Acciavatti Gaffney Minore Smith

Adamini Gieleghem Moolenaar Spade

Amos Gillard Mortimer Stallworth

Anderson Gleason Murphy Steil

Bieda Hager Newell Stewart

Bisbee Hardman Nofs Taub

Bradstreet Hart O'Neil Tobocman

Brown Hood Palsrok Vagnozzi

Byrum Hopgood Pastor Vander Veen

Casperson Howell Phillips Voorhees

Caul Hunter Plakas Walker

Cheeks Jamnick Pumford Waters

Clack Johnson, Rick Reeves Wenke

Condino Koetje Richardville Whitmer

Daniels Kolb Rivet Williams

Dennis Kooiman Robertson Wojno

DeRossett LaSata Sak Woodward

Elkins Law Shackleton Woronchak

Emmons Lipsey Sheltrown Zelenko

Farhat Meisner

Nays--24

Brandenburg Huizenga Middaugh Shaffer

Caswell Hummel Milosch Stahl

DeRoche Hune Nitz Stakoe

Drolet Johnson, Ruth Palmer Tabor

Garfield Julian Pappageorge Van Regenmorter

Hoogendyk LaJoy Rocca Ward

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.

By unanimous consent the House returned to the order of

Messages from the Senate

The Speaker laid before the House

House Bill No. 4206, entitled

A bill to provide for the approval of certain contracts involving the operation of city and village water and sewer systems; to create an authority; and to provide for the powers and duties of certain governmental officials and entities.

(The bill was received from the Senate on March 11, 2003, with substitute (S-3), consideration of which, under the rules, was postponed until March 12, 2003, see House Journal No. 17, of 2003, p. 201; re-referred to the Committee on Government Operations on March 25, 2003, see House Journal No. 23 of 2003, p. 290; reported from the Committee on Government Operations on September 15, with House substitute (H-4) to the Senate substitute (S-3), consideration of which, under the rules, was postponed until today, see House Journal No. 81, p. 2229.)

The question being on the adoption of the proposed House substitute (H-4) to the Senate substitute (S-3), previously recommended by the Committee on Government Operations,

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

The question being on concurring in the substitute (S-3) made to the bill by the Senate,

Rep. Tobocman moved to amend the Senate substitute (S-3) as follows:

1. Amend page 2, line 7, after "service" by striking out the balance of the line through "state" on line 8.

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

Rep. Richardville moved that consideration of the bill be postponed temporarily.

The motion prevailed.

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

The motion prevailed.

Rep. Nitz moved that Reps. Shulman, Shackleton and Rick Johnson be excused temporarily from today's session.

The motion prevailed.

The Speaker laid before the House

House Bill No. 5802, entitled

A bill to amend 1949 PA 300, entitled "Michigan vehicle code," by amending sections 8a, 65, 204a, 208, 303, 306, 307, 309, 310e, 312b, 312e, 312f, 313, 314, 316, 317, 319, 319b, 319c, 320, 320a, 321a, 323c, 708b, 732, 812, and 904 (MCL 257.8a, 257.65, 257.204a, 257.208, 257.303, 257.306, 257.307, 257.309, 257.310e, 257.312b, 257.312e, 257.312f, 257.313, 257.314, 257.316, 257.317, 257.319, 257.319b, 257.319c, 257.320, 257.320a, 257.321a, 257.323c, 257.708b, 257.732, 257.812, and 257.904), section 8a as amended by 1998 PA 356, sections 65, 319b, 320a, 321a, and 732 as amended by 2004 PA 62, section 204a as amended by 1999 PA 73, section 208 as amended by 1997 PA 100, sections 303 and 319 as amended by 2003 PA 61, sections 306 and 310e as amended by 2004 PA 71, section 307 as amended by 2004 PA 52, sections 309, 312f, 319c, 323c, and 904 as amended by 2002 PA 534, section 312b as amended by 2003 PA 103, sections 312e and 812 as amended by 2003 PA 152, section 313 as amended by 1991 PA99, section 314 as amended by 2002 PA 554, section 317 as amended by 1993 PA 359, section 320 as amended by 1982 PA 310, and section 708b as added by 1991 PA 55; and to repeal acts and parts of acts.

(The bill was received from the Senate on September 15, with substitute (S-1), title amendment and immediate effect given by the Senate, consideration of which, under the rules, was postponed until today, see House Journal No. 81, p.2115.)

The question being on concurring in the substitute (S-1) made to the bill by the Senate,

The substitute (S-1) was concurred in, a majority of the members serving voting therefor, by yeas and nays, as follows:

Roll Call No. 788 Yeas--102

Accavitti Garfield Meyer Sheltrown

Acciavatti Gieleghem Middaugh Smith

Adamini Gillard Milosch Spade

Amos Gleason Minore Stahl

Anderson Hager Moolenaar Stakoe

Bieda Hardman Mortimer Stallworth

Bisbee Hart Murphy Steil

Bradstreet Hood Newell Stewart

Brandenburg Hoogendyk Nitz Tabor

Brown Hopgood Nofs Taub

Casperson Howell O'Neil Tobocman

Caswell Huizenga Palmer Vagnozzi

Caul Hummel Palsrok Van Regenmorter

Cheeks Hune Pappageorge Vander Veen

Clack Hunter Pastor Voorhees

Condino Jamnick Phillips Walker

Daniels Johnson, Ruth Plakas Ward

Dennis Julian Pumford Waters

DeRoche Koetje Reeves Wenke

DeRossett Kolb Richardville Whitmer

Drolet Kooiman Rivet Williams

Elkins LaJoy Robertson Wojno

Emmons LaSata Rocca Woodward

Farhat Law Sak Woronchak

Farrah Lipsey Shaffer Zelenko

Gaffney Meisner

Nays--0

In The Chair: Julian

The House agreed to the title as amended.

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

By unanimous consent the House returned to the order of

Motions and Resolutions

Rep. Richardville moved that Rule 45(c) be suspended.

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

Rep. Rivet moved that the Committee on Agriculture and Resource Management be discharged from further consideration of Senate Bill No. 1349.

(For first notice see House Journal No. 81, p. 2226.)

The question being on the motion made by Rep. Rivet,

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

The bill was placed on the order of Second Reading of Bills and laid over one day.

Second Reading of Bills

Rep. Richardville moved that Rule 48 be suspended.

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

Senate Bill No. 1349, entitled

A bill to amend 1855 PA 105, entitled "An act to regulate the disposition of the surplus funds in the state treasury; to provide for the deposit of surplus funds in certain financial institutions; to lend surplus funds pursuant to loan agreements secured by certain commercial, agricultural, or industrial real and personal property; to authorize the loan of surplus funds to certain municipalities; to authorize the participation in certain loan programs; to authorize an appropriation; and to prescribe the duties of certain state agencies," by amending section 2e (MCL 21.142e), as added by 2001 PA 123.

The bill was read a second time.

Rep. Howell moved to amend the bill as follows:

1. Amend page 2, line 13, after "loan," by striking out "may" and inserting "shall".

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. 1349, entitled

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

Roll Call No. 789 Yeas--101

Accavitti Gillard Middaugh Sheltrown

Acciavatti Gleason Milosch Shulman

Adamini Hager Minore Smith

Amos Hardman Moolenaar Spade

Anderson Hart Mortimer Stahl

Bieda Hood Murphy Stakoe

Bisbee Hopgood Newell Stallworth

Brandenburg Howell Nitz Steil

Brown Huizenga Nofs Stewart

Byrum Hummel O'Neil Tabor

Casperson Hune Palmer Taub

Caswell Hunter Palsrok Tobocman

Caul Jamnick Pappageorge Vagnozzi

Cheeks Johnson, Rick Pastor Vander Veen

Clack Johnson, Ruth Phillips Voorhees

Condino Julian Plakas Walker

Daniels Koetje Pumford Ward

Dennis Kolb Reeves Waters

DeRoche Kooiman Richardville Wenke

DeRossett LaJoy Rivet Whitmer

Elkins LaSata Robertson Williams

Emmons Law Rocca Wojno

Farhat Lipsey Sak Woodward

Farrah Meisner Shackleton Woronchak

Gaffney Meyer Shaffer Zelenko

Gieleghem

Nays--5

Bradstreet Garfield Hoogendyk Van Regenmorter

Drolet

In The Chair: Julian

The House agreed to the title of the bill.

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

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

______

Rep. Richardville moved that the Call of the House be lifted.

The motion prevailed.

Second Reading of Bills

House Bill No. 6161, entitled

A bill to amend 1939 PA 280, entitled "The social welfare act," by amending section 57l (MCL 400.57l), as added by 1999 PA 17.

The bill was read a second time.

Rep. Farhat moved to substitute (H-2) the bill.

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

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

The motion prevailed.

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

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

By unanimous consent the House returned to the order of

Third Reading of Bills

House Bill No. 6161, entitled

A bill to amend 1939 PA 280, entitled "The social welfare act," by amending section 57l (MCL 400.57l), as added by 1999 PA 17.

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

Roll Call No. 790 Yeas--73

Accavitti Gillard Moolenaar Shulman

Acciavatti Hager Mortimer Spade

Adamini Hart Newell Stahl

Amos Hoogendyk Nitz Stakoe

Bisbee Howell Nofs Steil

Bradstreet Huizenga O'Neil Stewart

Brandenburg Hummel Palmer Tabor

Brown Hune Palsrok Taub

Casperson Johnson, Rick Pappageorge Vagnozzi

Caswell Johnson, Ruth Pastor Van Regenmorter

Caul Julian Pumford Vander Veen

DeRoche Koetje Richardville Voorhees

DeRossett Kooiman Robertson Walker

Drolet LaJoy Rocca Ward

Elkins LaSata Sak Wenke

Emmons Meyer Shackleton Wojno

Farhat Middaugh Shaffer Woodward

Gaffney Milosch Sheltrown Woronchak

Garfield

Nays--33

Anderson Gieleghem Law Rivet

Bieda Gleason Lipsey Smith

Byrum Hardman Meisner Stallworth

Cheeks Hood Minore Tobocman

Clack Hopgood Murphy Waters

Condino Hunter Phillips Whitmer

Daniels Jamnick Plakas Williams

Dennis Kolb Reeves Zelenko

Farrah

In The Chair: Julian

The House agreed to the title of the bill.

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

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

Rep. Tobocman, 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:

Pure and simple, the legislation considered today authorizes the State to engage in Constitutionally questionable behavior that is currently subjected to a court ordered consent decree. The proper place to revise a practice that is the subject of a court decree is with the suing party before the court, not the Legislature. Today's proposed legislation will have no impact without the consent of the court. In other words, today's vote represents meaningless political posturing, rather than a real concern for taxpayers or those needing public assistance. Regardless of my own personal position in opposition of drug testing welfare recipients, responsible legislators should oppose today's legislation to save the State needless litigation costs and headaches."

Reps. Law, Waters and Hopgood, having reserved the right to explain their protest against the passage of the bill, made the following statement:

"Mr. Speaker and members of the House:

I voted no on House Bill 6161 because it violates the Stipulation and Consent Order Agreement entered into by The American Civil Liberties Union and the Family Independence Agency (FIA) on December 18, 2003. House Bill 6161 fails to require the FIA to write a report on future drug testing programs. It fails to require the FIA to develop a substance abuse survey and to have Family Independence Program applicants and recipients, at annual redetermination, complete a substance abuse survey. Finally, it fails to list those who are entitled to receive the drug test results.

There are additional reasons why I oppose House Bill 6161. There is no money in the budget for drug testing or treatment. There is no due-process nor notice and opportunity for applicants and recipients to be heard if they oppose the referral for drug testing. There is no appeal process that preserves the benefits of applicants and recipients who challenge the referral for drug-testing. For these reasons, I cannot support House Bill 6161 and voted no."

Rep. Bieda, 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 voted no on House Bill 6161 because it proposes an expensive new governmental welfare program that violates the Stipulation and Consent Order Agreement entered into by ACLU and the FIA on December 18, 2003. This bill is fundamentally flawed because it fails to require the FIA to write a report on future drug testing programs. It fails to require the FIA to develop a substance abuse survey and to have FIA program applicants and recipients, at annual redetermination, complete a substance abuse survey. Finally, it fails to list those who are entitled to receive the drug test results.

In addition, this bill proposes an expensive new program with no money in the budget for drug testing or treatment. There is simply no general fund monies available. It seems ill-timed that after the FIA budget for fiscal year 2005 is passed, new funds are needed for a new expensive drug testing program.

There is no due-process nor notice and opportunity for applicants and recipients to be heard if they oppose the referral for drug testing. There is no appeal process that preserves the benefits of applicants and recipients who challenge the referral for drug-testing. Nor is there any appeal process.

This bill is presented before us with no price tag and with no method of funding. As this bill appears to be more of an election year gimmick, rather than a seriously considered piece of legislation, I voted no on House Bill 6161."

______

Rep. Accavitti moved that Rep. Condino be excused from the balance of today's session.

The motion prevailed.

Rep. Waters moved that Rep. Plakas be excused from the balance of today's session.

The motion prevailed.

By unanimous consent the House returned to the order of

Messages from the Senate

The Speaker laid before the House

House Bill No. 5114, entitled

A bill to amend 1966 PA 261, entitled "An act to provide for the apportionment of county boards of commissioners; to prescribe the size of the board; to provide for appeals; to prescribe the manner of election of the members of the county board of commissioners; to provide for compensation of members; to prescribe penalties and provide remedies; and to repeal acts and parts of acts," by amending section 2 (MCL 46.402).

The question being on concurring in the amendment made to the bill by the Senate,

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

Roll Call No. 791 Yeas--104

Accavitti Garfield Meisner Sheltrown

Acciavatti Gieleghem Meyer Shulman

Adamini Gillard Middaugh Smith

Amos Gleason Milosch Spade

Anderson Hager Minore Stahl

Bieda Hardman Moolenaar Stakoe

Bisbee Hart Mortimer Stallworth

Bradstreet Hood Murphy Steil

Brandenburg Hoogendyk Newell Stewart

Brown Hopgood Nitz Tabor

Byrum Howell Nofs Taub

Casperson Huizenga O'Neil Tobocman

Caswell Hummel Palmer Vagnozzi

Caul Hune Palsrok Van Regenmorter

Cheeks Hunter Pappageorge Vander Veen

Clack Jamnick Pastor Voorhees

Daniels Johnson, Rick Phillips Walker

Dennis Johnson, Ruth Pumford Ward

DeRoche Julian Reeves Waters

DeRossett Koetje Richardville Wenke

Drolet Kolb Rivet Whitmer

Elkins Kooiman Robertson Williams

Emmons LaJoy Rocca Wojno

Farhat LaSata Sak Woodward

Farrah Law Shackleton Woronchak

Gaffney Lipsey Shaffer Zelenko

Nays--0

In The Chair: Julian

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

By unanimous consent the House returned to the order of

Motions and Resolutions

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

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

Rep. Richardville moved that pursuant to House Rule 20, the Clerk of the House be authorized to enroll House bills while the House is not in session.

The motion prevailed.

Messages from the Governor

The following line items veto message from the Governor was received and read:

Executive Office, Lansing, September 17, 2004

Michigan House of Representatives

State Capitol Building

Lansing, Michigan 48909

Ladies and Gentlemen:

Today I have signed Enrolled House Bill 5517, the fiscal year 2005 General Government budget bill, which provides funding for the departments of Attorney General, Civil Rights, Civil Service, Information Technology, Management and Budget, State, Treasury, the Executive Office, and the Legislature. However, I am returning it to you because of items of which I disapprove, pursuant to Article V, Section 19, of the Michigan Constitution. The specific items vetoed are contained within the attached copy of the bill that has been filed with the Secretary of State.

Highlights of the bill include:

* $1.1 billion in state revenue sharing to local units of government to support essential local services, including law enforcement and first responders.

* $81.5 million for state debt service to ensure prompt payment of current and new debt service obligations. Moody's Rating Service recently continued Michigan's AA1 credit rating, noting that Michigan's debt position is well-managed.

* $3.0 million to the Department of Civil Service for a Human Resources Optimization Program creating a call center to handle statewide questions, utilize new technologies, and reduce positions in human resources offices throughout the state for additional cost savings over the next five years.

My action today includes vetoes of the carry forward provisions of Sections 307 and 309 because the language sections effectively authorize general fund spending in excess of my recommendation for the Department of Attorney General operations.

This bill supports the essential operations of various agencies in the executive and legislative branches of government. I urge the legislature to take prompt action to finalize the fiscal year 2005 budget. Passage of Senate Bills1104, 1111 and 1112 will complete my recommendations for distribution of state revenue sharing grants and will adjust the county property tax collection schedule to insure continued funding of essential local services.

Sincerely,

Jennifer M. Granholm

Governor

The bill was signed by the Governor September 17, 2004, at 11:05 a.m.

The bill was filed with the Secretary of State, September 17, 2004, at 2:58 p.m., and assigned Public Act No. 327, I.E.

The question being on the passage of the disapproved items, the objections of the Governor to the contrary notwithstanding,

Rep. Richardville moved that the bill be re-referred to the Committee on Appropriations.

The motion prevailed.

______

Rep. Wojno moved that Rep. Accavitti be excused temporarily from today's session.

The motion prevailed.

By unanimous consent the House returned to the order of

Messages from the Senate

House Bill No. 5527, entitled

A bill to make, supplement, and adjust appropriations for various state departments and agencies, capital outlay, and the judicial branch for the fiscal year ending September 30, 2005; and to provide for the expenditure of the appropriations.

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

The Senate has passed the bill as substituted (S-1), ordered that it be given immediate effect and amended the title to read as follows:

A bill to make, supplement, and adjust appropriations for various state departments and agencies and capital outlay for the fiscal years ending September 30, 2004 and September 30, 2005; to provide for the expenditure of the appropriations; and to repeal acts and parts of acts.

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

Rep. Richardville moved that Rule 45 be suspended.

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

The question being on concurring in the substitute (S-1) made to the bill by the Senate,

Rep. Shackleton moved to amend the Senate substitute (S-1) as follows:

1. Amend page 8, line 18, by striking out all of section 302.

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

The question being on concurring in the substitute (S-1) made to the bill by the Senate,

Rep. Richardville moved that consideration of the bill be postponed temporarily.

The motion prevailed.

The House returned to the consideration of

House Bill No. 4206, entitled

(The bill was considered earlier today, see today's Journal p. 2252.)

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

Rep. Tobocman demanded the yeas and nays.

The demand was supported.

The question being on the adoption of the amendment offered previously 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. 792 Yeas--26

Anderson Hardman Murphy Stallworth

Bieda Hood O'Neil Tobocman

Cheeks Hopgood Phillips Waters

Clack Hunter Reeves Williams

Daniels Lipsey Rivet Wojno

Farrah Meisner Smith Woodward

Gieleghem Minore

Nays--71

Acciavatti Garfield Meyer Sheltrown

Adamini Gillard Middaugh Spade

Amos Gleason Milosch Stahl

Bisbee Hager Moolenaar Stakoe

Bradstreet Hart Mortimer Steil

Brandenburg Hoogendyk Newell Stewart

Brown Howell Nitz Tabor

Casperson Huizenga Nofs Taub

Caswell Hummel Palmer Vagnozzi

Caul Hune Palsrok Van Regenmorter

Dennis Johnson, Rick Pappageorge Vander Veen

DeRoche Johnson, Ruth Pastor Voorhees

DeRossett Julian Pumford Walker

Drolet Koetje Richardville Ward

Elkins Kooiman Robertson Wenke

Emmons LaJoy Rocca Woronchak

Farhat LaSata Sak Zelenko

Gaffney Law Shaffer

In The Chair: Julian

The question being on concurring in the substitute (S-3) made to the bill by the Senate,

The substitute (S-3), as substituted (H-4), was concurred in, a majority of the member serving voting therefor, by yeas and nays, as follows:

Roll Call No. 793 Yeas--55

Acciavatti Hoogendyk Milosch Stahl

Amos Howell Moolenaar Stakoe

Bisbee Huizenga Mortimer Steil

Bradstreet Hummel Newell Stewart

Brandenburg Hune Nitz Tabor

Casperson Johnson, Rick Nofs Van Regenmorter

Caswell Johnson, Ruth Palmer Vander Veen

Caul Julian Palsrok Voorhees

DeRoche Koetje Pappageorge Walker

DeRossett Kooiman Pastor Ward

Drolet LaJoy Robertson Wenke

Emmons LaSata Rocca Wojno

Farhat Meyer Shackleton Woronchak

Garfield Middaugh Shaffer

Nays--44

Adamini Gieleghem Law Smith

Bieda Gillard Lipsey Spade

Brown Gleason Meisner Stallworth

Byrum Hager Minore Taub

Cheeks Hardman Murphy Tobocman

Clack Hart O'Neil Vagnozzi

Daniels Hood Phillips Waters

Dennis Hopgood Reeves Whitmer

Elkins Hunter Sak Williams

Farrah Jamnick Sheltrown Woodward

Gaffney Kolb Shulman Zelenko

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 provide for the oversight of the operation of certain water and sewer systems within this state; to create an authority; and to provide for the powers and duties of certain governmental officials and entities.

The motion prevailed.

The House agreed to the title as amended.

______

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

"Mr. Speaker and members of the House:

I voted against HB 4206 (H-4) because it is bad public policy.

My esteemed but misguided colleagues complain that they do not have representation on the governing body of DSWD. Under current law, residents of Macomb, Oakland, and Wayne counties have people who reside in their communities on this body. This bill would take away the authority from their neighbors and give it to three members who may not even live in Southeast Michigan.

I want the process to continue. Representative Taub went around the state to examine this issue. I want to wait until her report is released."

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

"Mr. Speaker and members of the House:

I voted against HB 4206 for much the same reasons that I voted against this legislation the other two times it was presented to the House. The Detroit Water and Sewerage Department is an extremely well run and efficient organization. Of the 20 largest regional water systems in the country, its wholesale water rates are the fifth lowest and are not subsidized by taxes. It is a financially sound organization, receiving an A bond rating from Standard and Poors and Fitch/ICBA, as well as an A1 from Moody's. Under the leadership of its new director, Victor Mercado, the DWSD has made great strides to modernize its facilities and to work with its suburban customers to better communicate its rates and rate changes.

Currently, the DWSD is overseen by a board that includes three suburban residents among its seven members. It works with suburban customer communities through a regional water consortium under the jurisdiction of U.S. District Court Judge Feikens. This consortium has made great strides to improve communication and develop policies so that wholesale water rates accurately reflect actual costs to the system. Efficiency issues are being addressed and facilities modernized.

Legislation similar to HB 4206 was vetoed by Governor Granholm, in part because the legislation amounts to a local act, which requires two-thirds support of both chambers. The Governor should veto the legislation for these same reasons.

The current version of HB 4206 would subject DWSD rates to approval by the state's three member Public Service Commission, who currently have no oversight over ANY public utility systems or ANY water systems. The PSC's expertise or ability to better regulate the complex world of water and sewerage rates is suspect and little consideration was given to this provision of the bill, as it was publicly disclosed only at the hearing where the substitute was unveiled. The defeat of the Tobocman amendment to subject other municipal water systems (most of whom who charge higher wholesale water rates than DWSD) to the PSC, as well, blatantly exposes the bill's discriminatory and political nature.

Finally, consideration of the bill at this time is insulting. The House has commissioned a bipartisan task force to investigate the DWSD and its suburban billing practices. This group has put countless hours of work into this issue. Yet, the preliminary findings of this task force are days or weeks from being released. If the supporters of HB 4206 were serious about addressing DWSD suburban billing issues, why would they not wait for the release of the task force's findings? Consideration of this bill on the next to last day of session before the November elections calls the seriousness of the bill's proponents into question.

I am disappointed that the House saw fit to waste time on a third vote on this issue."

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

"Mr. Speaker and members of the House:

I voted no on HB 4206 (H-4) because it is bad public policy.

First of all, under current law, residents of Macomb, Oakland, and Wayne counties have people who reside in their communities on the governing body of the DSWD. This bill would take away the authority from their neighbors and give it to three members (state Public Service Commission) who may not even live in Southeast Michigan.

Secondly, this legislature had earlier adopted a resolution sponsored by Rep. Taub. House Resolution 159 created a select committee to review the practices and policies of the Detroit Water and Sewerage Department. The select committee has had many meetings, and is in the process of issuing its report. The report is expected next week. One has to wonder about the wisdom of passing legislation prior to the issuance of the report. It seems to be a calculated insult to the members of the select committee, and to the work conducted by this committee.

People often tell me that they wish government worked more like a business. It is hardly conceivable that a business would pay for and commission a major study, only to make a major business decision pertaining to the subject matter of the study prior to its completion -- especially since we are only talking about a matter of days.

I also agree with the statement of the Detroit News editorial, dated September 19, 2004, which noted that this legislation would add a new set of duties to the Public Service Commission, which doesn't have the staff or the resources to take on the regulation of municipal water systems.

Although I agree that we need to be mindful of the issue of rising water rates, and I have been critical of Detroit's water pricing in the past, I see very little reason to support this particular piece of legislation, especially in view of the fact that this legislation comes to us prior to the issuance of a report commissioned by the legislature. Thus I voted no on House Bill 4206."

Rep. Richardville moved that when the House adjourns today it stand adjourned until Wednesday, September 29, at 10:00 a.m.

The motion prevailed.

By unanimous consent the House returned to the order of

Motions and Resolutions

Reps. Vander Veen, Sheen, Van Regenmorter, Nofs, Kooiman, DeRoche, Wenke, Newell, Ruth Johnson, Farhat, Richardville, Huizenga and Voorhees offered the following resolution:

House Resolution No. 311.

A resolution recognizing September as Life Insurance Awareness Month in the state of Michigan.

Whereas, Life insurance is an essential part of a sound financial plan; and

Whereas, Life insurance provides financial security for families in the event of a premature death. It helps surviving family members to meet immediate and long-term financial obligations and objectives; and

Whereas, Nearly 50 million Americans say they lack the life insurance coverage needed to ensure a secure financial future for their loved ones; and

Whereas, Recent studies have found that when a premature death occurs, insufficient life insurance coverage on the part of the insured results in three-fourths of surviving family members having to take on additional measures. These measures include working additional jobs, longer hours, borrowing money, withdrawing money from savings and investment accounts, and, in too many cases, moving into smaller, less-expensive housing; and

Whereas, Individuals, families and businesses benefit greatly from professional insurance and financial planning advice, including the assessment of their life insurance needs; and

Whereas, The Life and Health Insurance Foundation for Education (LIFE), the National Association of Insurance and Financial Advisors (NAIFA), and a coalition representing hundreds of leading life insurance companies and organizations have designated September 2004 as Life Insurance Awareness Month. The goal is to make consumers more aware of their life insurance needs, seek professional advice, and take the actions necessary to achieve the financial security of their loved ones; now, therefore, be it

Resolved by the House of Representatives, That the members of this legislative body proclaims September 2004 as Life Insurance Awareness Month in the state of Michigan and urge our citizens to learn more about life insurance and its benefits.

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. Dennis, Accavitti, Adamini, Anderson, Bieda, Brown, Byrum, Caswell, Caul, Clack, Condino, DeRossett, Ehardt, Farrah, Gillard, Hopgood, Jamnick, Kooiman, Law, Lipsey, Minore, Murphy, Pappageorge, Plakas, Rocca, Sak, Shackleton, Shaffer, Shulman, Spade, Stallworth, Tobocman, Vagnozzi, Vander Veen and Wojno offered the following resolution:

House Resolution No. 312.

A resolution observing October 4-8, 2004, as Antibiotic Resistance Awareness Week in the state of Michigan.

Whereas, Antibiotics are powerful medicines for treating bacterial infections; and

Whereas, Bacterial resistance to antibiotics is a serious public health issue not only in Michigan but throughout the United States, resulting in increasing numbers of difficult-to-cure infections from drug-resistant bacteria; and

Whereas, The Centers for Disease Control and Prevention (CDC) estimates approximately 50 million antibiotic prescriptions written annually are not necessary, and it is important for the public to be aware of this health issue and to learn when antibiotics can be helpful for upper respiratory infections; and

Whereas, It is important for health care professionals and their patients to be increasingly careful when prescribing antibiotics for upper respiratory infections; and

Whereas, The Michigan Antibiotic Resistance Reduction Coalition is a partnership of physician organizations, consumer groups, health plans, state and local public health organizations, and pharmaceutical companies whose purpose is to educate health professionals and consumers about the appropriate use of antibiotics; now, therefore, be it

Resolved by the House of Representatives, That the members of this legislative body observe October 4-8, 2004, as Antibiotic Resistance Awareness Week in the state of Michigan. We commend all businesses and community members who participate in local and regional celebratory and educational activities; and be it further

Resolved, That a copy of this resolution be provided Michigan Department of Community Health.

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. Bieda, Sak, Wojno, Accavitti, Adamini, Anderson, Brown, Byrum, Caswell, Condino, Dennis, DeRossett, Ehardt, Farrah, Gillard, Hopgood, Jamnick, Koetje, Kooiman, Law, Lipsey, Meyer, Milosch, Minore, Murphy, Pappageorge, Plakas, Richardville, Rocca, Shackleton, Shulman, Spade, Stakoe, Stallworth, Tobocman, Vagnozzi, Vander Veen and Zelenko offered the following resolution:

House Resolution No. 313.

A resolution commemorating the 60^th anniversary of the Warsaw Uprising, August 1 to October 2, 1944, which recognizes the gallantry of the Polish Home Army (AK) and the courage of countless Warsaw civilians.

Whereas, In July 1944, armed forces of the Soviet Union were advancing from the east, and the Polish Government-In-Exile in London sought to liberate Warsaw from the Nazi occupying power; and

Whereas, The Polish Government-In-Exile wanted to establish a non-communist, post war government in advance of the Soviet occupation of Warsaw and probable establishment of a communist government; and

Whereas, German forces in Warsaw were thought to be minimal and defensive in nature. The decision was made for the Polish Home Army (AK), under the command of General Tadeusz Komorowski, to begin an offensive against German forces in Warsaw; and

Whereas, On August 1, 1944, the Polish Home Army (AK), along with many civilians, attacked German forces. The AK controlled most of Warsaw by August 4, 1944; and

Whereas, Large numbers of German reinforcements arrived in Warsaw, and a lack of assistance on the part of the Soviet Army, as well as the refusal of the Soviet Government to allow American and British aid, led to the Germans retaking most of Warsaw by the middle of August; and

Whereas, The last hold-outs of resistance of the Polish Home Army (AK) began to fall, and a ceasefire was signed on October 2, 1944, after a large loss of human life and the razing of most of Warsaw; and

Whereas, The majority of the population in Warsaw was deported or had lost their lives during the fighting, when the Soviets took control of Warsaw in January 1945; now, therefore, be it

Resolved by the House of Representatives, That the members of this legislative body remember the courage and sacrifice of the Polish Home Army (AK) and the citizens of Warsaw, who sixty years ago in the face of overwhelming forces, stood against tyranny and despotism.

Resolved, That copies of this resolution be transmitted to his Excellency, Ambassador Przemyslaw Grudzinski at the Embassy of the Republic of Poland in Washington, D.C. and Polish fraternal organizations located in Michigan.

Pending the reference of the resolution to a committee,

Rep. Richardville moved that Rule 77 be suspended and the resolution be considered at this time.

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

The question being on the adoption of the resolution,

The resolution was adopted.

Reps. Hoogendyk, Accavitti, Adamini, Anderson, Bieda, Brown, Byrum, Caswell, Caul, Clack, Condino, Dennis, DeRossett, Ehardt, Farrah, Gillard, Hopgood, Jamnick, Koetje, Kooiman, Law, Lipsey, Meyer, Milosch, Minore, Murphy, Nitz, Pappageorge, Richardville, Rocca, Sak, Shackleton, Shaffer, Shulman, Spade, Stakoe, Stallworth, Taub, Tobocman, Vagnozzi, Vander Veen, Wojno and Zelenko offered the following resolution:

House Resolution No. 314.

A resolution congratulating Lindsay Tarpley for her outstanding accomplishments as a member of the gold medal women's soccer team at the 2004 Olympics.

Whereas, We are proud to join with teammates, coaches, family, friends, community members, and the entire state of Michigan in congratulating Lindsay Tarpley on winning an Olympic gold medal in women's soccer. The excellence shown in the sports arena by this talented and hardworking young athlete provides an outstanding example of the rewards gained when athletics are combined with heart and commitment; and

Whereas, As a fierce competitor and dedicated team player, Lindsay Tarpley brings more than hard work and readiness to each performance. Her inextinguishable energy and will to win each game is every bit as impressive as her ability to play. As a graduate of Portage Central High School, Lindsay has served as an incredible source of community pride; and

Whereas, Lindsay's poise under the pressure of intense competition serves as an example to all athletes dreaming of competing at the highest level. She was able to raise the level of her game as the stakes increased, scoring a crucial goal in the Olympic gold medal game. Equally important, Lindsay represented Portage, the state of Michigan, the University of North Carolina, and the United States of America with class and dignity. She serves as an exemplary role model for young athletes across the nation; now, therefore, be it

Resolved by the House of Representatives, That the members of this legislative body congratulate Lindsay Tarpley for her outstanding accomplishments as an Olympic gold medal athlete. May her determination grow stronger each day and positively influence her every endeavor in the many years ahead; and be it further

Resolved, That a copy of this resolution be transmitted to Lindsay Tarpley as a token of our esteem.

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. Shackleton, Accavitti, Adamini, Anderson, Bieda, Brown, Byrum, Caswell, Caul, Clack, Condino, Dennis, DeRossett, Ehardt, Farrah, Gillard, Hopgood, Jamnick, Kooiman, Law, Lipsey, Meyer, Minore, Murphy, Nitz, Pappageorge, Richardville, Rocca, Sak, Shaffer, Shulman, Spade, Stallworth, Tobocman, Vagnozzi, Vander Veen, Wojno and Zelenko offered the following resolution:

House Resolution No. 315.

A resolution proclaiming September 2004 as National Alcohol and Drug Addiction Recovery Month in the state of Michigan.

Whereas, Problems with drugs and alcohol continue to be prevalent in every state in the nation, but there is hope that the tide can turn if more people with alcohol and drug disorders are given access to treatment. We now know that alcohol and drug disorders are chronic but treatable diseases that involve brain chemistry, just as diabetes and heart disease are chronic but treatable medical conditions; and

Whereas, Recovery from alcohol and drug addiction is possible and treatment is effective. People in recovery can and do become gainfully employed, own homes, and rejoin their families and their communities. Our community salutes those in our neighborhoods who are in recovery and the counseling and program staff, who brought them out of the darkness; and

Whereas, We salute people who are in recovery from alcohol and drug disorders, as well as, those who have helped them obtain treatment. We also salute those individuals who help to overcome such barriers by educating the community about the benefits of treatment. We affirm the goal that all people with alcohol and drug use disorders should have access to treatment services; and

Whereas, To help achieve this goal, the United States Department of Health and Human Services, the Substance Abuse and Mental Health Services Administration, the Office of National Drug Control Policy, American Indian Substance Abuse, and the Michigan House of Representatives invite all Michigan residents to participate in National Alcohol and Drug Addition Recover Month.; now therefore, be it

Resolved by the House of Representatives, That members of this legislative body proclaim the month of September 2004 as National Alcohol and Drug Addiction Recovery Month in the state of Michigan.

Pending the reference of the resolution to a committee,

Rep. Richardville moved that Rule 77 be suspended and the resolution be considered at this time.

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

The question being on the adoption of the resolution,

The resolution was adopted.

Reps. Stallworth, Adamini, Clack, Farrah, Gillard, Lipsey and Tobocman offered the following concurrent resolution:

House Concurrent Resolution No. 69.

A concurrent resolution to memorialize the Detroit Public School District to place before city voters, at the next general or special election, a proposal to approve the issuance of bonds by the city school district in an amount not to exceed $1.5 billion for school infrastructure improvements.

Whereas, Quality education is the key to giving our children the tools to succeed in a competitive and globalizing job market. Students must not only learn the basics to graduate from high school, but must be equipped with the learning skills to adapt over a lifetime of changing opportunities and challenges. Our children will compete with the world's best, and we owe them the highest quality education; and

Whereas, Dedicated teachers, administrators, and support staff are working every day to meet our expectations and send our young people into the world with the knowledge to succeed. Yet factors beyond the control of teachers, parents, and students can undermine their best efforts. Our students and educators need a healthy, safe, and secure environment conducive to learning in order to do their best. Our schools must be equipped with the latest technology to give our kids the chance they need to improve themselves and prepare for the future. Unfortunately, decades of falling behind in infrastructure maintenance and improvements handicap our children and educators; and

Whereas, We urge City of Detroit leaders to place on the ballot at the next general or special election a proposal to approve the issuance by the school district of bonds in an amount not to exceed $1.5 billion (1,500,000,000.00 dollars) over six years. This revenue will be available to the City of Detroit's Infrastructure Custodian for capital expenditures for site acquisition and development, equipment acquisition, permanent improvements for existing school buildings, and the construction of new buildings for pupils in the school district; and

Whereas, The school district's elected board shall determine that it is necessary for the authorized capital project described by the custodian and approved by the State of Michigan Department of Treasury, as amended from time to time by the custodian and approved by the Department of Treasury and the school district, that the project will contribute positively to the health, safety, security, and welfare of the pupils of the school district; and

Whereas, The school district shall determine that it is necessary to issue a series of bonds to which the full faith and credit and unlimited ad valorem taxing power of the school district are pledged in the amount not to exceed $350,000,000.00 from the $1,500,000,000.00 of bonds authorized to be issued by a majority of qualified electors, to finance the project and to pay expenses incident to the issuance of the bond series; and

Whereas, The school district shall determine that selling the bonds pursuant to a negotiated sale will best allow the school district the flexibility to react to changes in the market conditions at the time of sale and to structure the bond issue to provide the lowest cost to the taxpayers; and

Whereas, Prior to the issuance of the bond series, the school district might make expenditures with respect to the project from the general fund of the school district or other available monies of the school district, and the school district reasonably expects to be reimbursed for such expenditures from the proceeds of the bond series; and

Whereas, The school district shall ensure that the project shall be completed within a period of time not exceeding three years from the date of issuance of the bond series; and

Whereas, The bonds shall be issued in such a manner as to take full advantage of the provisions of Article IX, Section 16, of the Constitution of the State of Michigan of 1963 and legislation implementing said provisions, particularly Public Act 108 of 1961, as amended, so that the bonds shall be eligible to participate in the State of Michigan School Bond Loan Fund Program and therefore shall be issued as "Qualified Bonds" under Act 108; and

Whereas, Under the provisions of Public Act 451 of 1976, as amended, and under Public Act 34 of 2001, as amended, the school district is authorized to provide funds to finance its capital projects, to issue its bonds, and to pledge the full faith and credit of the school district for the repayment thereof and to levy ad valorem taxes on all taxable property in the school district without limitation as to rate or amount to pay the principal of and interest on such bonds when authorized by a vote of a majority of qualified electors of the school district; now, therefore, be it

Resolved by the House of Representatives (the Senate concurring), That we memorialize the Detroit Public School District to place before city voters, at the next general or special election, a proposal to approve the issuance of bonds by the Detroit Public School District in an amount not to exceed $1.5 billion for the purposes of making capital expenditures for site acquisition and development, equipment acquisition, permanent improvements for existing school buildings and the construction of fiber optic infrastructure, and new school buildings for pupils in the Detroit Public School District; and be it further

Resolved, That copies of this resolution be transmitted to officials of the Detroit Public School District, the Director of the Michigan Department of Treasury, and the Governor of Michigan.

The concurrent resolution was referred to the Committee on Government Operations.

Reports of Standing Committees

The Committee on Transportation, by Rep. DeRossett, Chair, reported

Senate Bill No. 145, entitled

A bill to amend 1969 PA 296, entitled "An act to provide for the transfer of jurisdiction over highways; to provide for the final determination of disputes involving transfers of highway jurisdiction; and to supersede certain acts and parts of acts," by amending sections 1 and 5 (MCL 247.851 and 247.855), section 5 as amended by 1980 PA 12, and by adding section 3a.

Without amendment and with the recommendation that the bill pass.

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

Favorable Roll Call

To Report Out:

Yeas: Reps. DeRossett, Casperson, Hummel, DeRoche, Hune, Huizenga, LaJoy, Robertson and Ward

Nays: Reps. Anderson, Jamnick, Gleason, Tobocman, Adamini and Elkins

The Committee on Transportation, by Rep. DeRossett, Chair, reported

Senate Bill No. 146, entitled

A bill to amend 1949 PA 300, entitled "Michigan vehicle code," (MCL 257.1 to 257.923) by adding section 307b.

With the recommendation that the substitute (H-2) be adopted and that the bill then pass.

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

Favorable Roll Call

To Report Out:

Yeas: Reps. DeRossett, Casperson, Hummel, DeRoche, Gaffney, Hune, LaJoy, Robertson, Ward, Gleason, Adamini and Elkins

Nays: Rep. Anderson

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Wednesday, September 22, 2004

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

The Committee on Land Use and Environment, by Rep. Ruth Johnson, Chair, reported

House Bill No. 6127, entitled

A bill to provide for the establishment of a historical neighborhood tax increment finance authority; to prescribe the powers and duties of the authority; to correct and prevent deterioration in neighborhoods and certain other areas; to authorize the acquisition and disposal of interests in real and personal property; to authorize the creation and implementation of development plans and development areas; to promote residential and economic growth; to create a board; to prescribe the powers and duties of the board; to authorize the issuance of bonds and other evidences of indebtedness; to authorize the use of tax increment financing; to prescribe powers and duties of certain state officials; to provide for rule promulgation; and to provide for enforcement of the act.

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. Ruth Johnson, LaJoy, DeRossett, Milosch, Nitz, Ward, Farrah, Gieleghem and Law

Nays: None

The Committee on Land Use and Environment, by Rep. Ruth Johnson, Chair, reported

House Bill No. 6164, entitled

A bill to amend 1921 PA 207, entitled "City and village zoning act," (MCL 125.581 to 125.600) by adding section4g.

With the recommendation that the substitute (H-2) be adopted and that the bill then pass.

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

Favorable Roll Call

To Report Out:

Yeas: Reps. Ruth Johnson, LaJoy, DeRossett, Milosch, Nitz, Ward, Farrah, Gieleghem and Law

Nays: None

The Committee on Land Use and Environment, by Rep. Ruth Johnson, Chair, reported

House Bill No. 6166, entitled

A bill to amend 1943 PA 183, entitled "County zoning act," (MCL 125.201 to 125.240) by adding section 16i.

With the recommendation that the substitute (H-2) be adopted and that the bill then pass.

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

Favorable Roll Call

To Report Out:

Yeas: Reps. Ruth Johnson, LaJoy, DeRossett, Milosch, Nitz, Ward, Farrah, Gieleghem and Law

Nays: None

The Committee on Land Use and Environment, by Rep. Ruth Johnson, Chair, reported

House Bill No. 6206, entitled

A bill to amend 1943 PA 184, entitled "Township zoning act," (MCL 125.271 to 125.310) by adding section 16i.

With the recommendation that the substitute (H-2) be adopted and that the bill then pass.

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

Favorable Roll Call

To Report Out:

Yeas: Reps. Ruth Johnson, LaJoy, DeRossett, Milosch, Nitz, Ward, Farrah, Gieleghem and Law

Nays: None

The Committee on Land Use and Environment, by Rep. Ruth Johnson, Chair, reported

Senate Bill No. 1206, entitled

A bill to amend 1992 PA 147, entitled "Neighborhood enterprise zone act," by amending sections 2, 3, 4, and 12 (MCL 207.772, 207.773, 207.774, and 207.782), sections 2, 3, and 12 as amended by 2001 PA 217 and section 4 as amended by 2004 PA 60.

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. Ruth Johnson, LaJoy, Milosch, Nitz, Ward, Farrah, Gieleghem and Law

Nays: None

COMMITTEE ATTENDANCE REPORT

The following report, submitted by Rep. Ruth Johnson, Chair, of the Committee on Land Use and Environment, was received and read:

Meeting held on: Wednesday, September 22, 2004

Present: Reps. Ruth Johnson, LaJoy, DeRossett, Milosch, Nitz, Ward, Farrah, Gieleghem and Law

Absent: Reps. Ehardt and Dennis

Excused: Reps. Ehardt and Dennis

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Wednesday, September 22, 2004

Present: Reps. Shulman, Emmons, Caul, Pumford, Kooiman, Newell, Acciavatti, Amos, Caswell, Farhat, Hoogendyk, Moolenaar, Shaffer, Steil, Taub, Walker, Brandenburg, Whitmer, Brown, Kolb, Plakas, Williams, Cheeks, Sak, Zelenko and O'Neil

Absent: Reps. Shackleton, Stewart, Pastor, Mortimer, Phillips, Reeves and Hunter

Excused: Reps. Shackleton, Stewart, Pastor, Mortimer, Phillips, Reeves and Hunter

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: Wednesday, September 22, 2004

Present: Reps. Palsrok, Tabor, Meyer, Law and Gleason

Absent: Reps. Brandenburg and Stallworth

Excused: Reps. Brandenburg and Stallworth

COMMITTEE ATTENDANCE REPORT

The following report, submitted by Rep. Meyer, Chair, of the Committee on Agriculture and Resource Management, was received and read:

Meeting held on: Wednesday, September 22, 2004

Present: Reps. Meyer, Nitz, DeRossett, Hager, Casperson, Hune, Stahl, Sheltrown, Rivet, Spade and Law

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Wednesday, September 22, 2004

Present: Reps. Palmer, Meyer, Bradstreet, Hager, Hart, Ruth Johnson, Tabor, Voorhees, Vander Veen, Nofs, Stahl, Gieleghem, Vagnozzi, Spade, Smith, Hopgood, Meisner and Clack

Absent: Rep. Hummel

Excused: Rep. Hummel

Messages from the Senate

House Bill No. 5313, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending section52706 (MCL 324.52706), as amended by 2002 PA 356, and by adding section 2150a.

The Senate has appointed Senators McManus, Jelinek and Prusi as conferees to join with Representatives Pumford, Caswell and Gillard.

The bill was referred to the Conference Committee.

Senate Bill No. 1130, entitled

A bill to amend 1978 PA 361, entitled "Michigan exposition and fairgrounds act," by amending the title and sections1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14a, and 15a (MCL 285.161, 285.162, 285.163, 285.164, 285.165, 285.166, 285.167, 285.168, 285.169, 285.170, 285.171, 285.172, 285.173, 285.174a, and 285.175a), sections 2, 5, 6, 7, 8, 9, and 11 as amended and sections 14a and 15a as added by 2000 PA 39, and by adding section 15b.

The Senate has passed the bill.

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

Communications from State Officers

The following communications from the Family Independence Agency were received and read:

September 16, 2004

Pursuant to Section 311 of P.A. 167 of 2003, we are enclosing a copy of the following report:

Type of ReportFacilityReport #License #

Renewal Report Eaton County FIA CP230201103

This report was preformed in compliance with the requirements of P.A. 116 of 1973 as amended, and the

Administrative Rules for Child Caring Institutions. The report may also be viewed on our web site, within 48 hours, under "News, Publications & Information" at the following address: http://www.michigan.gov/fia/.

If you have any questions regarding this information, please feel free to contact Rita Barker at 517-373-7787.

September 16, 2004

Pursuant to Section 311 of P.A. 167 of 2003, we are enclosing a copy of the following reports:

Type of ReportFacilityReport #License #

Licensing Study Monroe County FIA CP580201306

Special Investigation Woodland Center-W.J. Maxey 2004C0207009 CS470245817

This report was preformed in compliance with the requirements of P.A. 116 of 1973 as amended, and the

If you have any questions regarding this information, please feel free to contact Rita Barker at 517-373-7787.

Sincerely,

Marianne Udow

Director

The communications were referred to the Clerk.

Introduction of Bills

Reps. Condino, Bieda, Lipsey and Howell introduced

House Bill No. 6213, entitled

A bill to amend 2001 PA 195, entitled "Uniform child-custody jurisdiction and enforcement act," by amending the title and sections 102 and 405 (MCL 722.1102 and 722.1405).

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

Reps. Howell and Lipsey introduced

House Bill No. 6214, entitled

A bill to amend 1939 PA 288, entitled "Probate code of 1939," by amending sections 22, 23a, 23b, 23d, 23f, 27, 31, 34, 36, 37, 39, 41, 43, 51, and 60 of chapter X, section 1 of chapter XI, and sections 2, 14, and 15 of chapter XII (MCL 710.22, 710.23a, 710.23b, 710.23d, 710.23f, 710.27, 710.31, 710.34, 710.36, 710.37, 710.39, 710.41, 710.43, 710.51, 710.60, 711.1, 712.2, 712.14, and 712.15), sections 22, 34, 36, 43, 51, and 60 of chapter X as amended by 1996 PA409, sections 23a, 23f, and 31 of chapter X as amended by 1994 PA 373, section 23b of chapter X as added and section41 of chapter X as amended by 1994 PA 222, section 23d of chapter X as amended by 2004 PA 68, section 27 of chapter X as amended by 1994 PA 208, section 39 of chapter X as amended by 1998 PA 94, section 1 of chapter XI as amended by 2000 PA 111, and sections 2, 14, and 15 of chapter XII as added by 2000 PA 232.

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

Rep. Ward introduced

House Bill No. 6215, entitled

A bill to amend 1976 PA 451, entitled "The revised school code," by amending sections 4 and 5 (MCL 380.4 and 380.5), as amended by 2003 PA 299.

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

Rep. Ward introduced

House Bill No. 6216, entitled

A bill to amend 2003 PA 238, entitled "Michigan notary public act," by amending section 31 (MCL 55.291).

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

Rep. Ward introduced

House Bill No. 6217, entitled

A bill to amend 1936 (Ex Sess) PA 1, entitled "Michigan employment security act," by amending section 44 (MCL 421.44), as amended by 2002 PA 192.

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

Rep. Ward introduced

House Bill No. 6218, entitled

A bill to amend 1972 PA 382, entitled "Traxler-McCauley-Law-Bowman bingo act," by amending sections 5d, 10, 10a, and 11 (MCL 432.105d, 432.110, 432.110a, and 432.111), section 5d as added and sections 10, 10a, and 11 as amended by 1999 PA 108.

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

Rep. Ward introduced

House Bill No. 6219, 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 Regulatory Reform.

Reps. Law, Hardman, Hopgood, Wojno, Tobocman, Smith, Condino, Spade, Farrah, Sak, Dennis, Phillips, Vagnozzi, Murphy, Gillard, Sheltrown, Bieda, Rivet, Adamini, Gleason, Brown, Williams, Waters, Kolb, Minore, Zelenko, McConico, Stallworth, O'Neil, Clack, Hunter, Ward, Meisner, Jamnick, Accavitti, Byrum, Anderson, Gieleghem, Whitmer, Reeves and Woodward introduced

House Bill No. 6220, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," (MCL 324.101 to 324.90106) by adding section 17206.

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

Reps. Lipsey, Howell, Dennis, Bieda, Gleason, Gieleghem, Clack and Hart introduced

House Bill No. 6221, entitled

A bill to amend 1976 PA 451, entitled "The revised school code," (MCL 380.1 to 380.1852) by adding section 1164.

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

Reps. Ruth Johnson, Ehardt, Nitz, Vander Veen and Amos introduced

House Bill No. 6222, entitled

A bill to amend 1976 PA 390, entitled "Emergency management act," by amending section 11 (MCL 30.411), as amended by 2002 PA 132.

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

Reps. Gieleghem, Bieda, Woodward and Gleason introduced

House Bill No. 6223, entitled

A bill to amend 1978 PA 368, entitled "Public health code," by amending sections 13805, 13807, 13809, 13811, 13813, 13819, and 13830 (MCL 333.13805, 333.13807, 333.13809, 333.13811, 333.13813, 333.13819, and 333.13830), sections 13805, 13807, 13809, and 13811 as added by 1990 PA 21 and sections 13813, 13819, and 13830 as added by 1990 PA 18, and by adding section 13816.

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

Rep. Jamnick introduced

House Bill No. 6224, entitled

A bill to amend 1949 PA 300, entitled "Michigan vehicle code," by amending section 628 (MCL 257.628), as amended by 2003 PA 65.

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

Rep. Accavitti introduced

House Bill No. 6225, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," (MCL 324.101 to 324.90106) by adding section 3112d.

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

Rep. Howell introduced

House Bill No. 6226, entitled

A bill to amend 1961 PA 236, entitled "Revised judicature act of 1961," by amending section 303d (MCL 600.303d), as added by 1993 PA 190.

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

Reps. Sheltrown and Brown introduced

House Bill No. 6227, entitled

A bill to amend 1933 PA 62, entitled "Property tax limitation act," by amending section 5i (MCL 211.205i), as amended by 2001 PA 146.

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

Rep. Koetje introduced

House Bill No. 6228, entitled

A bill to amend 1961 PA 236, entitled "Revised judicature act of 1961," by amending section 2631 (MCL 600.2631).

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

Reps. Farhat, Nofs, Brandenburg, Pastor, Vander Veen, Amos, Shaffer, Robertson, Shackleton, Hune, Ward, DeRossett, Ehardt, Milosch, Mortimer, Richardville, Taub, Stahl, Huizenga, Plakas, DeRoche and Sak introduced

House Bill No. 6229, entitled

A bill to establish commemorative coins for certain members of the military; to provide a method of funding; and to prescribe the powers and duties of certain state agencies and officials.

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

Reps. Palmer, Voorhees, Drolet, Tabor and Hummel introduced

House Bill No. 6230, entitled

A bill to amend 1979 PA 94, entitled "The state school aid act of 1979," by amending section 1704a (MCL 388.1704a), as amended by 2003 PA 158.

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

Reps. Palmer and Voorhees introduced

House Bill No. 6231, entitled

A bill to amend 1976 PA 451, entitled "The revised school code," by amending sections 1279 and 1279d (MCL 380.1279 and 380.1279d), section 1279 as amended by 1997 PA 175 and section 1279d as added by 2002 PA 640.

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

Rep. Wenke introduced

House Bill No. 6232, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending sections80151, 80152, and 80215 (MCL 324.80151, 324.80152, and 324.80215), section 80151 as added by 1995 PA58, section 80152 as amended by 1999 PA 19, and section 80215 as added by 2000 PA 229.

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

Rep. Whitmer introduced

House Bill No. 6233, entitled

A bill to amend 1968 PA 330, entitled "Private security business and security alarm act," by amending sections 2, 9, 11, and 25 (MCL 338.1052, 338.1059, 338.1061, and 338.1075), sections 2, 9, and 25 as amended by 2002 PA 473 and section 11 as amended by 2000 PA 411.

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

Rep. Howell introduced

House Bill No. 6234, entitled

A bill to require online dating services to conduct criminal background checks or to provide certain notices; and to prescribe penalties and provide remedies.

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

Reps. Kolb, Pastor, Ruth Johnson, Rivet and Bieda introduced

House Bill No. 6235, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending sections16901 and 16908 (MCL 324.16901 and 324.16908), as amended by 2002 PA 496.

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

Reps. Farhat, Palsrok, Nofs, Brandenburg, Vander Veen, Amos, Shaffer, Robertson, Palmer, Shackleton, Hune, Ward, DeRossett, Ehardt, Milosch, Mortimer, Richardville, Taub, Tabor, Steil, Wenke, Stahl, LaJoy, Huizenga, Caul, Caswell, Nitz, Acciavatti, Stakoe, Kooiman, Meyer, Ruth Johnson, Shulman, DeRoche, Pastor, Walker, Kolb, Byrum, Law, Vagnozzi, Stallworth, Spade, Sheltrown, Gillard, Whitmer, Bieda, Elkins, Sak, Dennis, Hopgood, Accavitti, Wojno, Murphy, Adamini, Lipsey, Condino, Meisner, Brown, Williams, Anderson, Minore, Jamnick, Zelenko, Gieleghem, Woodward, Farrah, Reeves, Plakas, Clack, Tobocman, Hunter, Smith, Cheeks, Gleason, Phillips, Rivet, Waters, Casperson, Hardman and Daniels introduced

House Joint Resolution CC, entitled

A joint resolution proposing an amendment to the state constitution of 1963, by adding section 55 to article IV, to prohibit the diversion of the waters of the Great Lakes.

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

______

Rep. Law moved that the House adjourn.

The motion prevailed, the time being 7:40 p.m.

The Speaker Pro Tempore declared the House adjourned until Wednesday, September 29, at 10:00 a.m.

GARY L. RANDALL

Clerk of the House of Representatives