2004-HJ-12-02-089.htm

No. 89

STATE OF MICHIGAN

JOURNAL

OF THE

House of Representatives

92nd Legislature

REGULAR SESSION OF 2004

House Chamber, Lansing, Thursday, December 2, 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 Gaffney--present Meisner--present Sheen--present

Acciavatti--present Garfield--present Meyer--present Sheltrown--present

Adamini--present Gieleghem--present Middaugh--excused Shulman--present

Amos--present Gillard--present Milosch--present Smith--present

Anderson--present Gleason--present Minore--present Spade--present

Bieda--present Hager--present Moolenaar--present Stahl--present

Bisbee--present Hardman--excused Mortimer--excused Stakoe--present

Bradstreet--present Hart--present Murphy--present Stallworth--excused

Brandenburg--present Hood--present Newell--present Steil--present

Brown--present Hoogendyk--present Nitz--present Stewart--present

Byrum--present Hopgood--present Nofs--present Tabor--present

Casperson--present Howell--present O'Neil--present Taub--present

Caswell--present Huizenga--present Palmer--present Tobocman--present

Caul--present Hummel--present Palsrok--present Vagnozzi--present

Cheeks--present Hune--present Pappageorge--present Van Regenmorter--present

Clack--excused Hunter--present Pastor--present Vander Veen--excused

Condino--present Jamnick--present Phillips--excused Voorhees--present

Daniels--present Johnson, Rick--present Plakas--present Walker--present

Dennis--present Johnson, Ruth--present Pumford--present Ward--present

DeRoche--e/d/s Julian--present Reeves--e/d/s Waters--present

DeRossett--present Koetje--present Richardville--present Wenke--present

Dillon--present Kolb--present Rivet--present Whitmer--present

Drolet--present Kooiman--present Robertson--present Williams--excused

Ehardt--e/d/s LaJoy--present Rocca--present Wojno--present

Elkins--e/d/s LaSata--present Sak--present Woodward--present

Emmons--present Law--present Shackleton--present Woronchak--present

Farhat--present Lipsey--present Shaffer--present Zelenko--excused

Farrah--present McConico--present

e/d/s = entered during session

Rep. Jim A. Plakas, from the 16th District, offered the following invocation:

"Heavenly Father, as we gather each and every day in this historical chamber to govern our people, may the decisions we render be in concert with Your word and blessings. Heavenly Father, we also ask for Your guidance in our deliberations in formulating the laws we pass are fair and equitable. The responsibility given to us by the people is sacred and we seek Your wisdom as we serve You and our constituents. We should never forget why we are here and what we are entrusted to do for the people. Governments' purpose is to do for the people those things which they cannot do individually for themselves. Dear Lord, we pray that You guide us to be tolerant and benevolent and to work together for all mankind--the poor, the hungry, the homeless, the sick and the disabled. Help us to be a total family regardless of color, race or religion. Dear Lord, in these difficult times we tend to stray away from Your word and forget our purpose in life. Please bring us together, not only when we pray together, but when we work together. Dear Lord, in our prayers we also ask that You keep our children safe who are serving in the Armed Forces throughout the world. Please bring them home safely to their families and loved ones. Finally Lord, we pray for peace throughout this troubled world. Amen."

______

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

The motion prevailed.

Rep. Palmer moved that Reps. Middaugh, Mortimer and Vander Veen be excused from today's session.

The motion prevailed.

Messages from the Senate

The Speaker laid before the House

Senate Bill No. 220, entitled

A bill to amend 1976 PA 331, entitled "Michigan consumer protection act," by amending section 3 (MCL 445.903), as amended by 2002 PA 613.

(The bill was received from the Senate on November 10, with substitute (S-3) to the House substitute (H-3) and immediate effect given by the Senate, consideration of which, under the rules, was postponed until November 30, see House Journal No. 86, p. 2483.)

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

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

Roll Call No. 959 Yeas--92

Accavitti Gaffney McConico Shaffer

Acciavatti Gieleghem Meisner Sheen

Adamini Gillard Meyer Sheltrown

Amos Gleason Milosch Shulman

Anderson Hager Minore Smith

Bieda Hart Moolenaar Spade

Bisbee Hood Murphy Stahl

Bradstreet Hoogendyk Newell Stakoe

Brandenburg Hopgood Nitz Steil

Brown Huizenga Nofs Stewart

Byrum Hummel O'Neil Tabor

Casperson Hune Palmer Taub

Caul Hunter Palsrok Tobocman

Cheeks Johnson, Rick Pappageorge Vagnozzi

Condino Johnson, Ruth Pastor Van Regenmorter

Daniels Julian Plakas Walker

Dennis Koetje Pumford Ward

DeRossett Kolb Richardville Waters

Dillon Kooiman Rivet Wenke

Drolet LaJoy Robertson Whitmer

Emmons LaSata Rocca Wojno

Farhat Law Sak Woodward

Farrah Lipsey Shackleton Woronchak

Nays--0

In The Chair: Julian

______

Rep. Caswell, under Rule 33, made the following statement:

"Mr. Speaker and members of the House:

I was absent from the Chamber when the vote was taken on Roll Call No. 959. Had I been present, I would have voted 'yea'."

The Speaker laid before the House

Senate Bill No. 792, entitled

A bill to prohibit certain acts and practices concerning identity theft; to provide for the powers and duties of certain state and local governmental officers and entities; to prescribe penalties and provide remedies; and to repeal acts and parts of acts.

(The bill was received from the Senate on November 10, with amendments to the House substitute (H-4) and immediate effect given by the Senate, consideration of which, under the rules, was postponed until November 30, see House Journal No. 86, p. 2533.)

The question being on concurring in the amendments to the House substitute (H-4) made to the bill by the Senate,

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

Roll Call No. 960 Yeas--93

Accavitti Garfield Lipsey Shackleton

Acciavatti Gieleghem McConico Shaffer

Adamini Gillard Meisner Sheen

Amos Gleason Meyer Sheltrown

Anderson Hager Milosch Shulman

Bieda Hart Minore Spade

Bisbee Hood Moolenaar Stahl

Brandenburg Hoogendyk Murphy Stakoe

Brown Hopgood Newell Steil

Byrum Howell Nitz Stewart

Casperson Huizenga Nofs Tabor

Caswell Hummel O'Neil Taub

Caul Hune Palmer Tobocman

Cheeks Hunter Palsrok Vagnozzi

Condino Jamnick Pappageorge Van Regenmorter

Daniels Johnson, Rick Pastor Voorhees

Dennis Johnson, Ruth Plakas Ward

DeRossett Julian Pumford Waters

Dillon Koetje Richardville Wenke

Drolet Kooiman Rivet Whitmer

Emmons LaJoy Robertson Wojno

Farhat LaSata Rocca Woodward

Farrah Law Sak Woronchak

Gaffney

Nays--0

In The Chair: Julian

______

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

The motion prevailed.

The Speaker laid before the House

Senate Bill No. 793, entitled

A bill to amend 1927 PA 175, entitled "The code of criminal procedure," (MCL 760.1 to 777.69) by adding section 10c to chapter II.

(The bill was received from the Senate on November 10, with amendments to the House substitute (H-3) and immediate effect given by the Senate, consideration of which, under the rules, was postponed until November 30, see House Journal No. 86, p. 2534.)

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

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

Roll Call No. 961 Yeas--95

Accavitti Gaffney Lipsey Shaffer

Acciavatti Garfield McConico Sheen

Adamini Gieleghem Meisner Sheltrown

Amos Gillard Meyer Shulman

Anderson Gleason Milosch Spade

Bieda Hager Minore Stahl

Bisbee Hart Moolenaar Stakoe

Bradstreet Hood Murphy Steil

Brandenburg Hoogendyk Newell Stewart

Brown Hopgood Nitz Tabor

Byrum Huizenga Nofs Taub

Casperson Hummel O'Neil Tobocman

Caswell Hune Palmer Vagnozzi

Caul Hunter Palsrok Van Regenmorter

Cheeks Jamnick Pappageorge Voorhees

Condino Johnson, Rick Pastor Walker

Daniels Johnson, Ruth Plakas Ward

Dennis Julian Pumford Waters

DeRossett Koetje Richardville Wenke

Dillon Kolb Rivet Whitmer

Drolet Kooiman Robertson Wojno

Emmons LaJoy Rocca Woodward

Farhat LaSata Sak Woronchak

Farrah Law Shackleton

Nays--0

In The Chair: Julian

The Speaker laid before the House

Senate Bill No. 798, entitled

A bill to amend 1976 PA 331, entitled "Michigan consumer protection act," by amending section 3 (MCL 445.903), as amended by 2002 PA 613.

(The bill was received from the Senate on November 10, with an amendment to the House substitute (H-1) and immediate effect given by the Senate, consideration of which, under the rules, was postponed until November 30, see House Journal No. 86, p. 2535.)

The question being on concurring in the amendment to the House substitute (H-1) 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. 962 Yeas--95

Accavitti Gaffney McConico Sheen

Acciavatti Garfield Meisner Sheltrown

Adamini Gieleghem Meyer Shulman

Amos Gleason Milosch Smith

Anderson Hager Minore Spade

Bieda Hart Moolenaar Stahl

Bisbee Hoogendyk Murphy Stakoe

Bradstreet Hopgood Newell Steil

Brandenburg Howell Nitz Stewart

Brown Huizenga Nofs Tabor

Byrum Hummel O'Neil Taub

Casperson Hune Palmer Tobocman

Caswell Hunter Palsrok Vagnozzi

Caul Jamnick Pappageorge Van Regenmorter

Cheeks Johnson, Rick Pastor Voorhees

Condino Johnson, Ruth Plakas Walker

Daniels Julian Pumford Ward

Dennis Koetje Richardville Waters

DeRossett Kolb Rivet Wenke

Dillon Kooiman Robertson Whitmer

Drolet LaJoy Rocca Wojno

Emmons LaSata Sak Woodward

Farhat Law Shackleton Woronchak

Farrah Lipsey Shaffer

Nays--0

In The Chair: Julian

______

Reps. Ehardt and Elkins entered the House Chambers.

The Speaker laid before the House

Senate Bill No. 795, entitled

A bill to establish the social security number privacy act in the state of Michigan; to prescribe penalties; and to provide remedies.

(The bill was received from the Senate on November 10, with amendments to the House substitute (H-5) and immediate effect given by the Senate, consideration of which, under the rules, was postponed until November 30, see House Journal No. 86, p. 2534.)

The question being on concurring in the amendments to the House substitute (H-5) made to the bill by the Senate,

Rep. Van Regenmorter moved to amend the Senate amendments as follows:

1. Amend Senate Amendment No. 16, page 7, line 25, after "inserting" by striking out the balance of the amendment and inserting "If the person knowingly violates section 3, an individual may also recover reasonable attorney fees. Except for good cause, not later than 60 days before filing a civil action, an individual must make a written demand to the person for a violation of section 3 for the amount of his or her actual damages with reasonable documentation of the violation and the actual damages caused by the violation. This subsection does not apply to a person for conduct by an employee or agent of the person in violation of a privacy policy created pursuant to section 4 or in compliance with the fair credit reporting act, 15 USC 1681 to 1681v, or subtitle A of title V of the Gramm-Leach-Bliley act, 15USC 6801 to 6809, if the person has taken reasonable measures to enforce its policy and to correct and prevent the reoccurrence of any known violations.".

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

The question being on concurring in the amendments to the House substitute (H-5) made to the bill by the Senate,

The amendments, as amended, were concurred in, a majority of the members serving voting therefor, by yeas and nays, as follows:

Roll Call No. 963 Yeas--98

Accavitti Gaffney Lipsey Shaffer

Acciavatti Garfield McConico Sheen

Adamini Gieleghem Meisner Sheltrown

Amos Gillard Meyer Shulman

Anderson Gleason Milosch Smith

Bieda Hager Minore Spade

Bisbee Hart Moolenaar Stahl

Bradstreet Hood Murphy Stakoe

Brandenburg Hoogendyk Newell Steil

Brown Hopgood Nitz Stewart

Byrum Howell Nofs Tabor

Casperson Huizenga O'Neil Taub

Caswell Hummel Palmer Tobocman

Caul Hune Palsrok Vagnozzi

Cheeks Hunter Pappageorge Van Regenmorter

Condino Jamnick Pastor Voorhees

Daniels Johnson, Rick Plakas Walker

DeRossett Johnson, Ruth Pumford Ward

Dillon Julian Richardville Waters

Drolet Koetje Rivet Wenke

Ehardt Kolb Robertson Whitmer

Elkins Kooiman Rocca Wojno

Emmons LaJoy Sak Woodward

Farhat LaSata Shackleton Woronchak

Farrah Law

Nays--0

In The Chair: Julian

______

Rep. Hood moved that Reps. Smith and Tobocman be excused temporarily from today's session.

The motion prevailed.

Rep. DeRoche entered the House Chambers.

Third Reading of Bills

House Bill No. 5308, entitled

A bill to amend 1978 PA 368, entitled "Public health code," by amending sections 16131 and 16263 (MCL 333.16131 and 333.16263), as amended by 2001 PA 139, and by adding section 16346 and part 176.

(The bill was read a third time and postponed for the day on November 10, see House Journal No. 86, p. 2530.)

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. 964 Yeas--75

Accavitti Gillard McConico Shaffer

Adamini Gleason Meisner Sheltrown

Amos Hager Meyer Shulman

Anderson Hart Minore Spade

Bieda Hood Moolenaar Stakoe

Brown Hopgood Murphy Stewart

Byrum Howell Newell Tabor

Caswell Huizenga Nitz Vagnozzi

Caul Hunter Nofs Van Regenmorter

Cheeks Jamnick O'Neil Voorhees

Condino Johnson, Rick Pappageorge Walker

Daniels Johnson, Ruth Plakas Ward

DeRossett Julian Pumford Waters

Ehardt Koetje Richardville Wenke

Elkins Kolb Rivet Whitmer

Emmons Kooiman Robertson Wojno

Farrah LaSata Rocca Woodward

Gaffney Law Sak Woronchak

Gieleghem Lipsey Shackleton

Nays--19

Acciavatti Drolet LaJoy Sheen

Bisbee Farhat Milosch Stahl

Brandenburg Garfield Palmer Steil

Casperson Hummel Palsrok Taub

DeRoche Hune Pastor

In The Chair: Julian

The question being on agreeing to the title of the bill,

Rep. Richardville moved to amend the title to read as follows:

A bill to amend 1978 PA 368, entitled "Public health code," by amending sections 16131 and 16263 (MCL 333.16131 and 333.16263), as amended by 2004 PA 97, and by adding section 16346 and part 176.

The motion prevailed.

The House agreed to the title as amended.

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

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

Second Reading of Bills

Senate Bill No. 1384, entitled

A bill to amend 1985 PA 87, entitled "Crime victim's rights act," (MCL 780.751 to 780.834) by adding sections 4a, 33b, and 64a.

The bill was read a second time.

Rep. Van Regenmorter moved to amend the bill as follows:

1. Amend page 2, line 14, after "act" by striking out the balance of the enacting section and inserting "takes effect March 1, 2005.".

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.

______

Rep. Sak moved that Reps. O'Neil and Hunter be excused temporarily from today's session.

The motion prevailed.

By unanimous consent the House returned to the order of

Third Reading of Bills

Senate Bill No. 1384, entitled

A bill to amend 1985 PA 87, entitled "Crime victim's rights act," (MCL 780.751 to 780.834) by adding sections 4a, 33b, and 64a.

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

Roll Call No. 965 Yeas--93

Accavitti Emmons LaSata Shackleton

Acciavatti Farhat Law Shaffer

Adamini Farrah Lipsey Sheen

Amos Gaffney McConico Sheltrown

Anderson Garfield Meisner Shulman

Bieda Gieleghem Meyer Smith

Bisbee Gillard Milosch Spade

Bradstreet Gleason Minore Stahl

Brandenburg Hager Moolenaar Stakoe

Brown Hart Murphy Steil

Byrum Hood Newell Stewart

Casperson Hopgood Nitz Tabor

Caswell Howell Nofs Taub

Caul Huizenga Palmer Vagnozzi

Cheeks Hummel Palsrok Van Regenmorter

Condino Hune Pastor Walker

Daniels Jamnick Plakas Ward

Dennis Johnson, Ruth Pumford Waters

DeRoche Julian Richardville Wenke

DeRossett Koetje Rivet Whitmer

Dillon Kolb Robertson Wojno

Drolet Kooiman Rocca Woodward

Ehardt LaJoy Sak Woronchak

Elkins

Nays--0

In The Chair: Julian

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

"An act to establish the rights of victims of crime and juvenile offenses; to provide for certain procedures; to establish certain immunities and duties; to limit convicted criminals from deriving profit under certain circumstances; to prohibit certain conduct of employers or employers' agents toward victims; and to provide for penalties and remedies,"

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. Waters moved that Reps. Daniels and Hood be excused temporarily from 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. 5550, entitled

An act to revise, consolidate, codify and add to the statutes relating to crimes; to define crimes and prescribe the penalties therefor; to provide for restitution under certain circumstances; to provide for the competency of evidence at the trial of persons accused of crime; to provide immunity from prosecution for certain witnesses appearing at such trials; and to repeal certain acts and parts of acts inconsistent with or contravening any of the provisions of this act.

(The bill was received from the Senate on December 1, with substitute (S-2), title amendment and immediate effect given by the Senate, consideration of which, under the rules, was postponed until today, see House Journal No. 88, p. 2620.)

The question being on concurring in the substitute (S-2) made to the bill by the Senate,

The substitute (S-2) was concurred in, a majority of the members serving voting therefor, by yeas and nays, as follows:

Roll Call No. 966 Yeas--92

Accavitti Farrah Lipsey Shackleton

Acciavatti Gaffney McConico Shaffer

Adamini Garfield Meisner Sheen

Anderson Gieleghem Meyer Sheltrown

Bieda Gillard Milosch Shulman

Bisbee Gleason Minore Smith

Brandenburg Hager Moolenaar Spade

Brown Hart Murphy Stahl

Byrum Hopgood Newell Stakoe

Casperson Howell Nitz Steil

Caswell Hummel Nofs Stewart

Caul Hune O'Neil Tabor

Cheeks Hunter Palmer Taub

Condino Jamnick Palsrok Tobocman

Dennis Johnson, Rick Pappageorge Vagnozzi

DeRoche Johnson, Ruth Pastor Walker

DeRossett Julian Plakas Ward

Dillon Koetje Pumford Waters

Drolet Kolb Richardville Wenke

Ehardt Kooiman Rivet Whitmer

Elkins LaJoy Robertson Wojno

Emmons LaSata Rocca Woodward

Farhat Law Sak Woronchak

Nays--0

In The Chair: Julian

The House agreed to the title as amended.

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

The Speaker laid before the House

House Bill No. 5657, entitled

A bill to amend 1992 PA 116, entitled "Records media act," by amending the title and sections 1, 2, and 3 (MCL 24.401, 24.402, and 24.403), section 2 as amended by 2001 PA 72, and by adding sections 4, 5, and 6.

(The bill was received from the Senate on December 1, with substitute (S-3), title amendment and immediate effect given by the Senate, consideration of which, under the rules, was postponed until today, see House Journal No. 88, p. 2620.)

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

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

Roll Call No. 967 Yeas--96

Accavitti Farrah LaSata Shackleton

Acciavatti Gaffney Law Shaffer

Adamini Garfield Lipsey Sheen

Amos Gieleghem McConico Sheltrown

Anderson Gillard Meisner Shulman

Bieda Gleason Meyer Smith

Bisbee Hager Milosch Spade

Brandenburg Hart Minore Stahl

Brown Hood Moolenaar Stakoe

Byrum Hoogendyk Murphy Steil

Casperson Hopgood Newell Stewart

Caswell Howell Nitz Tabor

Caul Huizenga Nofs Taub

Cheeks Hummel O'Neil Tobocman

Condino Hune Palmer Vagnozzi

Dennis Hunter Palsrok Van Regenmorter

DeRoche Jamnick Pappageorge Voorhees

DeRossett Johnson, Rick Pastor Walker

Dillon Johnson, Ruth Plakas Ward

Drolet Julian Pumford Waters

Ehardt Koetje Richardville Wenke

Elkins Kolb Robertson Whitmer

Emmons Kooiman Rocca Wojno

Farhat LaJoy Sak Woodward

Nays--0

In The Chair: Julian

The House agreed to the title as amended.

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

The Speaker laid before the House

House Bill No. 5467, entitled

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

(The bill was received from the Senate on September 29, with substitute (S-2) and title amendment, consideration of which, under the rules, was postponed until November 4, see House Journal No. 83, p. 2297.)

The question being on concurring in the substitute (S-2) made to the bill by the Senate,

Rep. Voorhees moved to amend the Senate substitute (S-2) as follows:

1. Amend page 4, line 25, after "(1)" by striking out "A" and inserting "Except as provided in subsection (2), a".

2. Amend page 5, line 8, after "least" by striking out "28" and inserting "3".

3. Amend page 5, line 9, after "application." by inserting "If a party to a marriage license application complies with section 2a, the county clerk may deliver a marriage license immediately following the application.".

4. Amend page 5, line 19, after "October 1," by striking out "2004" and inserting "2005".

5. Amend page 5, line 21, after "unless" by striking out the balance of the enacting section and inserting "all of the following bills of the 92nd Legislature are enacted into law:

(a) House Bill No. 5468.

(b) House Bill No. 5469.

(d) House Bill No. 5471.

(e) House Bill No. 5473.

(f) House Bill No. 5474.

(g) Senate Bill No. 959.

(h) Senate Bill No. 961.

(i) Senate Bill No. 963.

(j) Senate Bill No. 964.

(k) Senate Bill No. 966.".

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

The question being on concurring in the substitute (S-2) made to the bill by the Senate,

The substitute (S-2), as amended, was concurred in, a majority of the members serving voting therefor, by yeas and nays, as follows:

Roll Call No. 968 Yeas--59

Acciavatti Gleason McConico Shulman

Adamini Hager Meyer Spade

Amos Hart Milosch Stahl

Bieda Hoogendyk Moolenaar Stakoe

Brown Howell Nitz Steil

Byrum Hummel Nofs Stewart

Casperson Hune Pappageorge Taub

Caswell Johnson, Rick Pumford Van Regenmorter

Caul Johnson, Ruth Richardville Voorhees

DeRoche Julian Robertson Walker

DeRossett Koetje Rocca Ward

Dillon Kooiman Sak Wenke

Ehardt LaJoy Shackleton Wojno

Emmons LaSata Shaffer Woronchak

Gaffney Lipsey Sheen

Nays--34

Accavitti Farhat Law Sheltrown

Anderson Farrah Meisner Smith

Bisbee Garfield Murphy Tabor

Brandenburg Gieleghem O'Neil Tobocman

Cheeks Gillard Palmer Vagnozzi

Condino Hood Palsrok Waters

Dennis Hopgood Pastor Whitmer

Drolet Hunter Plakas Woodward

Elkins Kolb

In The Chair: Julian

The House agreed to the title as amended.

______

Rep. Daniels, under Rule 33, made the following statement:

"Mr. Speaker and members of the House:

I was absent from the Chamber when the vote was taken on Roll Call Nos. 966-968. Had I been present, I would have voted 'yea' on Roll Call Nos. 966-967 and 'nay' on Roll Call No. 968."

Third Reading of Bills

House Bill No. 5294, entitled

A bill to amend 1961 PA 236, entitled "Revised judicature act of 1961," by amending section 4701 (MCL 600.4701), as amended by 2002 PA 142.

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

Roll Call No. 969 Yeas--92

Accavitti Farhat Lipsey Sheen

Acciavatti Farrah McConico Sheltrown

Adamini Gaffney Meisner Shulman

Amos Gieleghem Meyer Smith

Anderson Gillard Minore Spade

Bieda Gleason Moolenaar Stahl

Bisbee Hager Murphy Stakoe

Bradstreet Hart Newell Steil

Brandenburg Hood Nofs Stewart

Brown Hoogendyk O'Neil Tabor

Byrum Hopgood Palmer Taub

Casperson Howell Palsrok Tobocman

Caswell Huizenga Pappageorge Vagnozzi

Caul Hummel Pastor Van Regenmorter

Condino Hunter Plakas Voorhees

Daniels Johnson, Rick Pumford Walker

Dennis Johnson, Ruth Richardville Ward

DeRoche Julian Rivet Waters

DeRossett Koetje Robertson Wenke

Dillon Kolb Rocca Whitmer

Drolet Kooiman Sak Wojno

Elkins LaSata Shackleton Woodward

Emmons Law Shaffer Woronchak

Nays--4

Garfield Hune Milosch Nitz

In The Chair: Julian

The House agreed to the title of the bill.

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

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

Second Reading of Bills

House Bill No. 5295, entitled

A bill to amend 1955 PA 224, entitled "An act to regulate sales at public auction; to provide for the issuing of licenses; and to prescribe penalties for violations of the provisions of this act," by amending sections 1, 2, 3, 4, 5, 6, 7, 9, and 10 (MCL 446.51, 446.52, 446.53, 446.54, 446.55, 446.56, 446.57, 446.59, and 446.60) and by adding sections 1a and 5a.

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. Taub moved to amend the bill as follows:

1. Amend page 5, line 17, after "of" by striking out "$100.00" and inserting "$25.00".

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

Rep. Taub moved to amend the bill as follows:

1. Amend page 8, line 23, after the first "than" by striking out "93" and inserting "90".

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

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

The motion prevailed.

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

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

______

Rep. Sak moved that Rep. Plakas be excused temporarily from today's session.

The motion prevailed.

By unanimous consent the House returned to the order of

Third Reading of Bills

House Bill No. 5295, 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. 970 Yeas--89

Accavitti Emmons Kooiman Shackleton

Acciavatti Farhat LaJoy Sheen

Adamini Farrah LaSata Sheltrown

Amos Gaffney Law Shulman

Anderson Gieleghem Lipsey Smith

Bieda Gillard McConico Spade

Bisbee Gleason Meisner Stahl

Brandenburg Hager Minore Stakoe

Brown Hart Moolenaar Steil

Byrum Hood Murphy Stewart

Casperson Hoogendyk Newell Tabor

Caswell Hopgood Nofs Taub

Caul Howell O'Neil Tobocman

Cheeks Huizenga Palsrok Vagnozzi

Condino Hummel Pappageorge Van Regenmorter

Daniels Hunter Pastor Ward

Dennis Jamnick Pumford Waters

DeRoche Johnson, Rick Richardville Wenke

DeRossett Johnson, Ruth Rivet Whitmer

Dillon Julian Robertson Wojno

Drolet Koetje Rocca Woodward

Ehardt Kolb Sak Woronchak

Elkins

Nays--7

Garfield Meyer Nitz Walker

Hune Milosch Palmer

In The Chair: Julian

The House agreed to the title of the bill.

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

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

Second Reading of Bills

House Bill No. 6228, entitled

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

Was read a second time, and the question being on the adoption of the proposed amendment previously recommended by the Committee on Local Government and Urban Policy (for amendment, see House Journal No. 83, p. 2350),

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

Rep. Koetje moved to amend the bill as follows:

1. Amend page 2, line 15, after "deposit." by striking out the balance of the subsection.

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

Rep. Koetje 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. 6228, entitled

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

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

Roll Call No. 971 Yeas--96

Accavitti Farrah Law Shackleton

Acciavatti Gaffney Lipsey Shaffer

Adamini Garfield McConico Sheen

Amos Gieleghem Meisner Sheltrown

Anderson Gillard Meyer Shulman

Bieda Gleason Milosch Spade

Bisbee Hager Minore Stahl

Brandenburg Hart Moolenaar Stakoe

Brown Hood Murphy Steil

Byrum Hoogendyk Newell Stewart

Casperson Hopgood Nitz Tabor

Caswell Howell Nofs Taub

Caul Huizenga O'Neil Tobocman

Cheeks Hummel Palmer Vagnozzi

Condino Hune Palsrok Van Regenmorter

Daniels Hunter Pappageorge Voorhees

Dennis Jamnick Pastor Walker

DeRoche Johnson, Ruth Plakas Ward

DeRossett Julian Pumford Waters

Dillon Koetje Richardville Wenke

Drolet Kolb Rivet Whitmer

Elkins Kooiman Robertson Wojno

Emmons LaJoy Rocca Woodward

Farhat LaSata Sak Woronchak

Nays--0

In The Chair: Julian

The House agreed to the title of the bill.

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

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

Second Reading of Bills

House Bill No. 5409, entitled

A bill to amend 1927 PA 175, entitled "The code of criminal procedure," by amending section 1a of chapter IV, section 16a of chapter IX, section 22 of chapter XVI, and sections 1, 15g, 16m, 16z, 22, and 35 of chapter XVII (MCL 764.1a, 769.16a, 776.22, 777.1, 777.15g, 777.16m, 777.16z, 777.22, and 777.35), section 1a of chapter IV as amended by 1994 PA 70, section 16a of chapter IX as amended by 2001 PA 204, section 22 of chapter XVI as amended by 2001 PA 194, section 1 of chapter XVII as amended by 2002 PA 34, section 15g of chapter XVII as added by 2002 PA 206, section 16m of chapter XVII as amended by 2001 PA 166, section 16z of chapter XVII as amended by 2002 PA 271, section 22 of chapter XVII as amended by 2003 PA 134, and section 35 of chapter XVII as amended by 2000 PA 279.

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

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

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

The motion prevailed.

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

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

By unanimous consent the House returned to the order of

Third Reading of Bills

House Bill No. 5409, 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. 972 Yeas--99

Accavitti Farrah Law Shaffer

Acciavatti Gaffney Lipsey Sheen

Adamini Garfield McConico Sheltrown

Amos Gieleghem Meisner Shulman

Anderson Gillard Meyer Smith

Bieda Gleason Milosch Spade

Bisbee Hager Minore Stahl

Brandenburg Hart Moolenaar Stakoe

Brown Hood Murphy Steil

Byrum Hoogendyk Newell Stewart

Casperson Hopgood Nitz Tabor

Caswell Howell Nofs Taub

Caul Huizenga O'Neil Tobocman

Cheeks Hummel Palmer Vagnozzi

Condino Hune Palsrok Van Regenmorter

Daniels Hunter Pappageorge Voorhees

Dennis Jamnick Pastor Walker

DeRoche Johnson, Rick Plakas Ward

DeRossett Johnson, Ruth Pumford Waters

Dillon Julian Richardville Wenke

Drolet Koetje Rivet Whitmer

Ehardt Kolb Robertson Wojno

Elkins Kooiman Rocca Woodward

Emmons LaJoy Sak Woronchak

Farhat LaSata Shackleton

Nays--0

In The Chair: Julian

The question being on agreeing to the title of the bill,

Rep. Richardville moved to amend the title to read as follows:

A bill to amend 1927 PA 175, entitled "The code of criminal procedure," by amending section 1a of chapter IV, section 16a of chapter IX, section 22 of chapter XVI, and sections 15g and 16m of chapter XVII (MCL 764.1a, 769.16a, 776.22, 777.15g, and 777.16m), section 1a of chapter IV as amended by 1994 PA 70, section 16a of chapter IX as amended by 2004 PA 220, section 22 of chapter XVI as amended by 2001 PA 194, section 15g of chapter XVII as added by 2002 PA 206, and section 16m of chapter XVII as amended by 2001 PA 166.

The motion prevailed.

The House agreed to the title as amended.

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

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

Second Reading of Bills

House Bill No. 5493, entitled

A bill to amend 1965 PA 213, entitled "An act to provide for setting aside the conviction in certain criminal cases; to provide for the effect of such action; to provide for the retention of certain nonpublic records and their use; to prescribe the powers and duties of certain public agencies and officers; and to prescribe penalties," by amending section 1 (MCL 780.621), as amended by 2002 PA 472.

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

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

Rep. Waters 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. 5493, 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. 973 Yeas--100

Accavitti Farhat LaSata Shackleton

Acciavatti Farrah Law Shaffer

Adamini Gaffney Lipsey Sheen

Amos Garfield McConico Sheltrown

Anderson Gieleghem Meisner Shulman

Bieda Gillard Meyer Smith

Bisbee Gleason Milosch Spade

Bradstreet Hager Minore Stahl

Brandenburg Hart Moolenaar Stakoe

Brown Hood Murphy Steil

Byrum Hoogendyk Newell Stewart

Casperson Hopgood Nitz Tabor

Caswell Howell Nofs Taub

Caul Huizenga O'Neil Tobocman

Cheeks Hummel Palmer Vagnozzi

Condino Hune Palsrok Van Regenmorter

Daniels Hunter Pappageorge Voorhees

Dennis Jamnick Pastor Walker

DeRoche Johnson, Rick Plakas Ward

DeRossett Johnson, Ruth Pumford Waters

Dillon Julian Richardville Wenke

Drolet Koetje Rivet Whitmer

Ehardt Kolb Robertson Wojno

Elkins Kooiman Rocca Woodward

Emmons LaJoy Sak Woronchak

Nays--0

In The Chair: Julian

The question being on agreeing to the title of the bill,

Rep. Richardville moved to amend the title to read as follows:

The motion prevailed.

The House agreed to the title as amended.

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

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

Second Reading of Bills

House Bill No. 6181, entitled

A bill to amend 1931 PA 328, entitled "The Michigan penal code," (MCL 750.1 to 750.568) by adding section 168a.

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

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

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

The motion prevailed.

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

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

______

Rep. Waters moved that Rep. Dennis 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. 6181, entitled

A bill to amend 1931 PA 328, entitled "The Michigan penal code," (MCL 750.1 to 750.568) by adding section 168a.

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

Roll Call No. 974 Yeas--95

Accavitti Farrah Law Shaffer

Acciavatti Gaffney Lipsey Sheen

Adamini Garfield McConico Sheltrown

Amos Gieleghem Meisner Shulman

Anderson Gillard Meyer Smith

Bieda Gleason Milosch Spade

Bisbee Hart Minore Stahl

Brandenburg Hood Moolenaar Stakoe

Brown Hoogendyk Murphy Steil

Byrum Hopgood Newell Stewart

Casperson Howell Nitz Tabor

Caswell Huizenga Nofs Taub

Caul Hummel O'Neil Tobocman

Cheeks Hune Palmer Vagnozzi

Condino Hunter Palsrok Van Regenmorter

Daniels Jamnick Pappageorge Walker

DeRoche Johnson, Rick Pastor Ward

DeRossett Johnson, Ruth Plakas Waters

Dillon Julian Pumford Wenke

Drolet Koetje Richardville Whitmer

Ehardt Kolb Rivet Wojno

Elkins Kooiman Robertson Woodward

Emmons LaJoy Rocca Woronchak

Farhat LaSata Sak

Nays--0

In The Chair: Julian

The House agreed to the title of the bill.

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

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

Second Reading of Bills

Senate Bill No. 790, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," (MCL 324.101 to 324.90106) by adding part 173.

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

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

Rep. Ehardt moved to amend the bill as follows:

1. Amend page 3, following line 10, by inserting:

"(vi) An administrator of a municipally owned landfill.".

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

Rep. Law moved to amend the bill as follows:

1. Amend page 9, line 11, after "unless" by inserting "Senate Bill No. 174 and".

2. Amend page 9, line 11, after "Legislature" by striking out "is" and inserting "are".

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

Rep. Law demanded the yeas and nays.

The demand was supported.

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

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

The motion prevailed.

______

Rep. Rocca moved that Rep. Ruth Johnson be excused temporarily from today's session.

The motion prevailed.

Rep. Waters moved that Reps. Gieleghem and McConico be excused temporarily from today's session.

The motion prevailed.

By unanimous consent the House returned to the order of

Third Reading of Bills

Senate Bill No. 591, entitled

A bill to amend 1939 PA 280, entitled "The social welfare act," (MCL 400.1 to 400.119b) by adding section 109h.

(The bill was read a third time and postponed temporarily on September 29, see House Journal No. 83, p. 2333.)

The question being on the passage of the bill,

Rep. Pappageorge moved to amend the bill as follows:

1. Amend page 1, following line 8, by inserting:

"Enacting section 1. This amendatory act does not take effect unless all of the following bills of the 92nd Legislature are enacted into law:

(a) House Bill No. 5630.

(b) Senate Bill No. 1076.

The question being on the seconding of the motion made by Rep. Pappageorge,

The motion was not seconded.

The question being on the passage of the bill,

Rep. Rick Johnson moved that consideration of the bill be postponed temporarily.

The motion prevailed.

By unanimous consent the House returned to the order of

Motions and Resolutions

Rep. Rivet moved that Rule 45 be suspended.

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

Rep. Rivet moved that the Committee on Energy and Technology be discharged from further consideration of House Bill No. 6337.

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

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

Rep. Richardville moved that Rule 45 be suspended.

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

Rep. Richardville moved that the Committee on Appropriations be discharged from further consideration of House Bill No. 5510.

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

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

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

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

Rep. Richardville moved that the Committee on Criminal Justice be discharged from further consideration of House Bill No. 6321.

(For first notice see House Journal No. 88, p. 2642.)

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

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

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

Rep. Richardville moved that Rule 45 be suspended.

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

Rep. Richardville moved that the Committee on Government Operations be discharged from further consideration of House Joint Resolution No. EE.

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

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

Rep. Richardville moved that Rule 45 be suspended.

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

Rep. Richardville moved that the Committee on Education be discharged from further consideration of House Bill No. 6333.

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

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

Rep. Richardville moved that Rule 45 be suspended.

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

Rep. Richardville moved that the Committee on Education be discharged from further consideration of House Bill No. 6334.

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

House Bill No. 4975, entitled

A bill to amend 1976 PA 451, entitled "The revised school code," (MCL 380.1 to 380.1852) by adding section 1136.

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

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

Rep. Accavitti 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. 4975, entitled

A bill to amend 1976 PA 451, entitled "The revised school code," (MCL 380.1 to 380.1852) by adding section 1136.

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

Roll Call No. 975 Yeas--89

Accavitti Farhat Lipsey Sheen

Acciavatti Farrah Meisner Sheltrown

Adamini Gaffney Meyer Shulman

Amos Garfield Minore Smith

Anderson Gillard Moolenaar Spade

Bieda Gleason Murphy Stahl

Brandenburg Hager Newell Stakoe

Brown Hart Nitz Steil

Byrum Hood Nofs Stewart

Casperson Hoogendyk O'Neil Tabor

Caswell Hopgood Palsrok Tobocman

Caul Howell Pappageorge Vagnozzi

Cheeks Hune Pastor Van Regenmorter

Condino Hunter Plakas Voorhees

Daniels Jamnick Pumford Walker

Dennis Johnson, Rick Richardville Ward

DeRoche Julian Rivet Waters

DeRossett Koetje Robertson Wenke

Dillon Kolb Rocca Whitmer

Drolet LaJoy Sak Wojno

Ehardt LaSata Shackleton Woodward

Elkins Law Shaffer Woronchak

Emmons

Nays--7

Bisbee Hummel Milosch Taub

Huizenga Kooiman Palmer

In The Chair: Julian

The question being on agreeing to the title of the bill,

Rep. Richardville moved to amend the title to read as follows:

A bill to amend 1976 PA 451, entitled "The revised school code," by amending section 1135 (MCL 380.1135), as added by 1987 PA 84.

The motion prevailed.

The House agreed to the title as amended.

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

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

Second Reading of Bills

Rep. Richardville moved that Rule 48 be suspended.

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

House Bill No. 6321, entitled

A bill to amend 1846 RS 171, entitled "Of county jails and the regulation thereof," by amending section 4b (MCL 801.4b), as added by 2003 PA 124.

The bill was read a second time.

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

The motion prevailed.

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

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

By unanimous consent the House returned to the order of

Third Reading of Bills

House Bill No. 6321, entitled

A bill to amend 1846 RS 171, entitled "Of county jails and the regulation thereof," by amending section 4b (MCL 801.4b), as added by 2003 PA 124.

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

Roll Call No. 976 Yeas--98

Accavitti Farhat Law Shaffer

Acciavatti Farrah Lipsey Sheen

Adamini Gaffney Meisner Sheltrown

Amos Garfield Meyer Shulman

Anderson Gieleghem Milosch Smith

Bieda Gillard Minore Spade

Bisbee Gleason Moolenaar Stahl

Bradstreet Hager Murphy Stakoe

Brandenburg Hart Newell Steil

Brown Hood Nitz Stewart

Byrum Hoogendyk Nofs Tabor

Casperson Hopgood O'Neil Taub

Caswell Howell Palmer Tobocman

Caul Huizenga Palsrok Vagnozzi

Cheeks Hummel Pappageorge Van Regenmorter

Condino Hune Pastor Voorhees

Daniels Hunter Plakas Walker

Dennis Jamnick Pumford Ward

DeRoche Johnson, Rick Richardville Waters

DeRossett Julian Rivet Wenke

Dillon Koetje Robertson Whitmer

Drolet Kolb Rocca Wojno

Ehardt Kooiman Sak Woodward

Elkins LaJoy Shackleton Woronchak

Emmons LaSata

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.

By unanimous consent the House returned to the order of

Messages from the Senate

The Speaker laid before the House

Senate Bill No. 657, entitled

A bill to amend 1976 PA 331, entitled "Michigan consumer protection act," by amending section 3 (MCL 445.903), as amended by 2002 PA 613.

(The bill was received from the Senate on November 10, with substitute (S-1) to the House substitute (H-4) and immediate effect given by the Senate, consideration of which, under the rules, was postponed until November 30, see House Journal No. 86, p. 2483.)

The question being on concurring in the substitute (S-1) to the House substitute (H-4) made to the bill by the Senate,

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

1. Amend page 7, following line 17, by inserting:

"(v) The disclosure is requested from an individual to effect, administer or enforce a specific telephonic or other electronic consumer transaction that is not made in person but is requested or authorized by the individual if it is to be used solely to confirm the identity of the individual through a fraud prevention service database. The consumer good or service shall still be provided to the consumer upon verification of his or her identity if he or she refuses to provide his or her social security number but provides other information or documentation that can be used by the person to verify his or her identity. The person may inform the consumer that verification through other means than use of the social security number may cause a delay in providing the service or good to the consumer.".

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) to the House substitute (H-4) made to the bill by the Senate,

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

Roll Call No. 977 Yeas--95

Accavitti Farhat Law Sheen

Acciavatti Farrah Meisner Sheltrown

Adamini Gaffney Meyer Shulman

Amos Garfield Milosch Smith

Anderson Gieleghem Minore Spade

Bieda Gillard Moolenaar Stahl

Bisbee Gleason Murphy Stakoe

Bradstreet Hager Newell Steil

Brandenburg Hart Nitz Stewart

Brown Hood Nofs Tabor

Byrum Hopgood O'Neil Taub

Casperson Howell Palmer Tobocman

Caswell Huizenga Palsrok Vagnozzi

Caul Hummel Pappageorge Van Regenmorter

Cheeks Hune Pastor Voorhees

Condino Hunter Plakas Walker

Dennis Jamnick Pumford Ward

DeRoche Johnson, Rick Richardville Waters

DeRossett Julian Rivet Wenke

Dillon Koetje Robertson Whitmer

Drolet Kolb Rocca Wojno

Ehardt Kooiman Sak Woodward

Elkins LaJoy Shackleton Woronchak

Emmons LaSata Shaffer

Nays--0

In The Chair: Julian

Second Reading of Bills

Rep. Richardville moved that Rule 48 be suspended.

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

House Bill No. 5510, entitled

A bill to provide for a capital outlay program; to set forth the provisions for its implementation within the budgetary process; to make appropriations for planning and construction at state institutions and the acquisition of land; to provide for the elimination of fire hazards at the institutions; to provide for certain special maintenance, remodeling, alteration, renovation, or demolition of and additions to projects at state institutions; to provide for elimination of occupational safety and health hazards at state agencies and institutions; to provide for the award of contracts; and to provide for the expenditure thereof under the supervision of the director of the department of management and budget and the state administrative board.

The bill was read a second time.

Rep. Shackleton moved to substitute (H-1) the bill.

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

Rep. Lipsey moved to amend the bill as follows:

1. Amend page 3, line 14, by striking out "2,800,000" and inserting "2,200,000".

2. Amend page 3, following line 14, by inserting "Grant to Kalamazoo Valley Community College, high throughput screening initiative.......600,000".

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

Rep. Shackleton moved to amend the bill as follows:

1. Amend page 13, line 16, by striking out all of subsection (3) and adjusting the subtotals, totals, and section 201 accordingly.

2. Amend page 35, line 25, by striking out all of section 1205.

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

Rep. Shulman 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. 5510, 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. 978 Yeas--97

Accavitti Farrah Law Shaffer

Acciavatti Gaffney Lipsey Sheen

Adamini Garfield Meisner Sheltrown

Amos Gieleghem Meyer Shulman

Anderson Gillard Milosch Smith

Bieda Gleason Minore Spade

Bisbee Hager Moolenaar Stahl

Bradstreet Hart Murphy Stakoe

Brandenburg Hood Newell Steil

Brown Hoogendyk Nitz Stewart

Byrum Hopgood Nofs Tabor

Casperson Howell O'Neil Taub

Caswell Huizenga Palmer Tobocman

Caul Hummel Palsrok Vagnozzi

Cheeks Hune Pappageorge Van Regenmorter

Condino Hunter Pastor Voorhees

Daniels Jamnick Plakas Walker

Dennis Johnson, Rick Pumford Ward

DeRoche Julian Richardville Waters

DeRossett Koetje Rivet Wenke

Dillon Kolb Robertson Whitmer

Ehardt Kooiman Rocca Wojno

Elkins LaJoy Sak Woodward

Emmons LaSata Shackleton Woronchak

Farhat

Nays--1

Drolet

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 make and supplement appropriations for certain capital outlay programs and state departments and agencies for the fiscal year ending September 30, 2005; to supplement appropriations for the state transportation department for the fiscal year ending September 30, 2005; to make and supplement appropriations for the department of agriculture and certain other state departments for the fiscal year ending September 30, 2004; to implement the appropriations within the budgetary process; to make appropriations for planning and construction at state agencies; to make appropriations for state building authority rent and insurance; to make a grant for state building authority rent; to provide for the acquisition of land and buildings; to provide for the elimination of fire hazards; to provide for special maintenance, remodeling and addition, alteration, renovation, demolition, and other projects; to provide for elimination of occupational safety and health hazards; to provide for the award and implementation of contracts; to provide for the purchase of furnishings and equipment relative to occupancy of a project; to provide for the development of public recreation facilities; to provide for certain advances from the general fund; to prescribe powers and duties of certain state-officers and agencies; to require certain reports, plans, and agreements; to provide for leases; to provide for transfers; to prescribe standards and conditions relating to the appropriations; to provide for the expenditure of appropriations; and to repeal acts and parts of acts.

The motion prevailed.

The House agreed to the title as amended.

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

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

By unanimous consent the House returned to the order of

Reports of Standing Committees

The Speaker laid before the House

House Concurrent Resolution No. 70.

A concurrent resolution approving the conveyance of property to the State Building Authority and approving a lease between the State of Michigan and the State Building Authority relative to Constitution Hall.

(For text of concurrent resolution, see House Journal No. 85, p. 2470.)

(The concurrent resolution was reported by the Committee on Appropriations on December 1, consideration of which, under the rules, was postponed until today.)

The question being on the adoption of the concurrent resolution,

The Clerk made the following statement:

"Mr. Speaker and members of the House, the lease and exhibits attached to the resolution are available for review by the membership in the Clerk's office."

The question being on the adoption of the concurrent resolution,

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

Roll Call No. 979 Yeas--93

Accavitti Farhat Lipsey Sheen

Acciavatti Farrah Meisner Sheltrown

Adamini Gaffney Meyer Shulman

Amos Gieleghem Minore Smith

Anderson Gillard Moolenaar Spade

Bieda Gleason Murphy Stahl

Bisbee Hager Newell Stakoe

Bradstreet Hart Nitz Steil

Brandenburg Hood Nofs Stewart

Brown Hoogendyk O'Neil Tabor

Byrum Hopgood Palmer Taub

Casperson Howell Palsrok Tobocman

Caswell Huizenga Pappageorge Vagnozzi

Caul Hunter Pastor Van Regenmorter

Cheeks Jamnick Plakas Voorhees

Condino Johnson, Rick Pumford Walker

Daniels Julian Richardville Ward

Dennis Koetje Rivet Waters

DeRoche Kolb Robertson Wenke

DeRossett Kooiman Rocca Whitmer

Dillon LaJoy Sak Wojno

Ehardt LaSata Shackleton Woodward

Elkins Law Shaffer Woronchak

Emmons

Nays--5

Drolet Hummel Hune Milosch

Garfield

In The Chair: Julian

Messages from the Senate

The Senate requested the return of

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.

Rep. Richardville moved that the request of the Senate not be honored.

The motion prevailed.

Second Reading of Bills

House Bill No. 4141, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," (MCL 324.101 to 324.90106) by adding section 30111a.

The bill was read a second time.

Rep. Stakoe moved to substitute (H-6) the bill.

The motion prevailed and the substitute (H-6) was adopted, a majority of the members serving voting therefor.

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

The motion prevailed.

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

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

By unanimous consent the House returned to the order of

Third Reading of Bills

House Bill No. 4141, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," (MCL 324.101 to 324.90106) by adding section 30111a.

The bill was read a third time.

The question being on the passage of the bill,

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

The motion prevailed.

Second Reading of Bills

Rep. Kooiman moved that Rule 48 be suspended.

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

House Bill No. 6337, entitled

A bill to amend 1991 PA 179, entitled "Michigan telecommunications act," by amending section 213 (MCL 484.2213), as amended by 2000 PA 295.

The bill was read a second time.

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

The motion prevailed.

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

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

______

Rep. Waters moved that Reps. Dennis and Hood 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. 6337, entitled

A bill to amend 1991 PA 179, entitled "Michigan telecommunications act," by amending section 213 (MCL 484.2213), as amended by 2000 PA 295.

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

Roll Call No. 980 Yeas--96

Accavitti Farhat Law Shaffer

Acciavatti Farrah Lipsey Sheen

Adamini Gaffney Meisner Sheltrown

Amos Garfield Meyer Shulman

Anderson Gieleghem Milosch Smith

Bieda Gillard Minore Spade

Bisbee Gleason Moolenaar Stahl

Bradstreet Hager Murphy Stakoe

Brandenburg Hart Newell Steil

Brown Hoogendyk Nitz Stewart

Byrum Hopgood Nofs Tabor

Casperson Howell O'Neil Taub

Caswell Huizenga Palmer Tobocman

Caul Hummel Palsrok Vagnozzi

Cheeks Hune Pappageorge Van Regenmorter

Condino Hunter Pastor Voorhees

Daniels Jamnick Plakas Walker

DeRoche Johnson, Rick Pumford Ward

DeRossett Julian Richardville Waters

Dillon Koetje Rivet Wenke

Drolet Kolb Robertson Whitmer

Ehardt Kooiman Rocca Wojno

Elkins LaJoy Sak Woodward

Emmons LaSata Shackleton Woronchak

Nays--0

In The Chair: Julian

The House agreed to the title of the bill.

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

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

Second Reading of Bills

Rep. Richardville moved that Rule 48 be suspended.

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

House Bill No. 6333, entitled

A bill to amend 1970 PA 38, entitled "An act to provide for assessment and remedial assistance programs of students in reading, mathematics and vocational education," by amending section 2 (MCL 388.1082).

The bill was read a second time.

Rep. Palmer 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. Palmer moved to amend the bill as follows:

1. Amend page 4, line 5, by striking out all of enacting section 1.

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

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

The motion prevailed.

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

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

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

The motion prevailed.

By unanimous consent the House returned to the order of

Third Reading of Bills

House Bill No. 6333, 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. 981 Yeas--56

Acciavatti Hager Milosch Sheen

Amos Hart Moolenaar Shulman

Bisbee Hoogendyk Newell Stahl

Bradstreet Howell Nitz Stakoe

Brandenburg Huizenga Palmer Steil

Casperson Hummel Palsrok Stewart

Caswell Hune Pappageorge Tabor

Caul Johnson, Rick Pastor Taub

DeRoche Julian Pumford Van Regenmorter

DeRossett Koetje Richardville Voorhees

Drolet Kooiman Robertson Walker

Ehardt LaJoy Rocca Ward

Emmons LaSata Shackleton Wenke

Garfield Meyer Shaffer Woronchak

Nays--41

Accavitti Farhat Kolb Sak

Adamini Farrah Law Sheltrown

Anderson Gaffney Lipsey Smith

Bieda Gieleghem Meisner Spade

Brown Gillard Minore Tobocman

Byrum Gleason Murphy Vagnozzi

Condino Hood Nofs Waters

Daniels Hopgood O'Neil Whitmer

Dennis Hunter Plakas Wojno

Dillon Jamnick Rivet Woodward

Elkins

In The Chair: Julian

The House agreed to the title of the bill.

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

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

Second Reading of Bills

House Bill No. 6323, entitled

A bill to amend 1957 PA 261, entitled "Michigan legislative retirement system act," by amending sections 26, 28, 30, 59a, and 79 (MCL 38.1026, 38.1028, 38.1030, 38.1059a, and 38.1079), sections 26, 30, and 59a as amended by 2002 PA 97, section 28 as amended by 1981 PA 123, and section 79 as amended by 1998 PA 501.

The bill was read a second time.

Rep. Ehardt moved to amend the bill as follows:

1. Amend page 10, line 12, after "section 22c." by inserting "A former qualified participant who is not eligible to elect health insurance coverage may participate in the health insurance benefits described in this section in the manner prescribed by the board at his or her own cost.".

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

Rep. Ehardt 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. 6323, 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. 982 Yeas--97

Accavitti Farrah Law Shaffer

Acciavatti Gaffney Lipsey Sheen

Adamini Garfield Meisner Sheltrown

Amos Gieleghem Meyer Shulman

Anderson Gillard Milosch Smith

Bieda Gleason Minore Spade

Bisbee Hager Moolenaar Stahl

Bradstreet Hart Murphy Stakoe

Brandenburg Hood Newell Steil

Brown Hoogendyk Nitz Stewart

Byrum Hopgood Nofs Tabor

Casperson Howell O'Neil Taub

Caswell Huizenga Palmer Tobocman

Caul Hummel Palsrok Vagnozzi

Cheeks Hune Pappageorge Van Regenmorter

Condino Hunter Pastor Voorhees

Daniels Jamnick Plakas Walker

Dennis Johnson, Rick Pumford Ward

DeRoche Julian Richardville Waters

DeRossett Koetje Rivet Wenke

Dillon Kolb Robertson Whitmer

Ehardt Kooiman Rocca Wojno

Elkins LaJoy Sak Woodward

Emmons LaSata Shackleton Woronchak

Farhat

Nays--0

In The Chair: Julian

The House agreed to the title of the bill.

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

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

Second Reading of Bills

Rep. Richardville moved that Rule 48 be suspended.

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

House Bill No. 6334, entitled

A bill to amend 1976 PA 451, entitled "The revised school code," by amending sections 1279 and 1280 (MCL 380.1279 and 380.1280), section 1279 as amended by 2004 PA 399 and section 1280 as amended by 2003 PA 275, and by adding sections 1279g and 1279h; and to repeal acts and parts of acts.

The bill was read a second time.

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

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

Rep. Palmer moved to amend the bill as follows:

1. Amend page 13, line 26, by striking out all of enacting section 1.

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

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

The motion prevailed.

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

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

______

Rep. Hune moved that Rep. DeRoche be excused from the balance of today's session.

The motion prevailed.

By unanimous consent the House returned to the order of

Third Reading of Bills

House Bill No. 6334, entitled

The bill was read a third time.

The question being on the passage of the bill,

Rep. Palmer moved that consideration of the bill be postponed for the day.

The motion prevailed.

Second Reading of Bills

House Bill No. 6203, entitled

A bill to amend 1995 PA 279, entitled "Horse racing law of 1995," by amending section 16 (MCL 431.316).

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

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

Rep. Hood 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. 6203, entitled

A bill to amend 1995 PA 279, entitled "Horse racing law of 1995," by amending section 16 (MCL 431.316).

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

Roll Call No. 983 Yeas--94

Accavitti Farrah Lipsey Sheen

Acciavatti Gaffney Meisner Sheltrown

Adamini Garfield Meyer Shulman

Amos Gieleghem Milosch Smith

Anderson Gillard Minore Spade

Bieda Gleason Moolenaar Stahl

Bisbee Hager Murphy Stakoe

Bradstreet Hart Newell Steil

Brandenburg Hood Nitz Stewart

Brown Hoogendyk Nofs Tabor

Byrum Hopgood O'Neil Taub

Casperson Howell Palmer Tobocman

Caswell Huizenga Palsrok Vagnozzi

Caul Hummel Pappageorge Van Regenmorter

Cheeks Hune Pastor Voorhees

Condino Hunter Plakas Walker

Daniels Jamnick Pumford Ward

Dennis Julian Richardville Waters

DeRossett Koetje Rivet Wenke

Dillon Kolb Robertson Whitmer

Drolet Kooiman Rocca Wojno

Elkins LaJoy Sak Woodward

Emmons LaSata Shaffer Woronchak

Farhat Law

Nays--0

In The Chair: Julian

The House agreed to the title of the bill.

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

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

Second Reading of Bills

House Bill No. 6204, entitled

A bill to amend 1972 PA 295, entitled "Forensic polygraph examiners act," by amending section 10 (MCL 338.1710).

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

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

Rep. LaSata 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. 6204, entitled

A bill to amend 1972 PA 295, entitled "Forensic polygraph examiners act," by amending section 10 (MCL 338.1710).

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

Roll Call No. 984 Yeas--91

Accavitti Gaffney Lipsey Sheen

Acciavatti Garfield Meisner Sheltrown

Adamini Gieleghem Meyer Shulman

Amos Gillard Milosch Smith

Anderson Gleason Minore Spade

Bieda Hager Moolenaar Stahl

Bisbee Hart Murphy Stakoe

Bradstreet Hood Newell Steil

Brandenburg Hoogendyk Nitz Stewart

Brown Hopgood Nofs Tabor

Byrum Howell O'Neil Taub

Casperson Huizenga Palmer Tobocman

Caswell Hummel Palsrok Vagnozzi

Cheeks Hune Pappageorge Van Regenmorter

Condino Hunter Pastor Voorhees

Dennis Jamnick Plakas Walker

DeRossett Julian Pumford Ward

Dillon Koetje Richardville Waters

Drolet Kolb Rivet Whitmer

Elkins Kooiman Robertson Wojno

Emmons LaJoy Rocca Woodward

Farhat LaSata Sak Woronchak

Farrah Law Shaffer

Nays--0

In The Chair: Julian

The House agreed to the title of the bill.

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

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

Second Reading of Bills

House Bill No. 5715, entitled

A bill to amend 1990 PA 211, entitled "The parental rights restoration act," by amending sections 3 and 4 (MCL 722.903 and 722.904).

The bill was read a second time.

Rep. O'Neil moved to substitute (H-1) the bill.

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

Rep. O'Neil moved that the bill be placed on the order of Third Reading of Bills.

The motion prevailed.

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

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

By unanimous consent the House returned to the order of

Third Reading of Bills

House Bill No. 5715, entitled

A bill to amend 1990 PA 211, entitled "The parental rights restoration act," by amending sections 3 and 4 (MCL 722.903 and 722.904).

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

Roll Call No. 985 Yeas--86

Accavitti Farhat Meisner Sheltrown

Acciavatti Farrah Meyer Shulman

Adamini Gaffney Milosch Smith

Amos Garfield Moolenaar Spade

Anderson Gieleghem Murphy Stahl

Bieda Gillard Newell Stakoe

Bisbee Gleason Nitz Steil

Bradstreet Hager Nofs Stewart

Brandenburg Hart O'Neil Tabor

Brown Hoogendyk Palmer Taub

Byrum Hopgood Palsrok Vagnozzi

Casperson Howell Pastor Van Regenmorter

Caswell Huizenga Plakas Voorhees

Caul Hummel Pumford Walker

Condino Hune Richardville Ward

Dennis Hunter Rivet Waters

DeRossett Jamnick Robertson Wenke

Dillon Julian Rocca Whitmer

Drolet Koetje Sak Wojno

Ehardt Kooiman Shaffer Woodward

Elkins LaSata Sheen Woronchak

Emmons Law

Nays--5

Cheeks Lipsey Minore Tobocman

Kolb

In The Chair: Julian

The House agreed to the title of the bill.

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

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

Second Reading of Bills

House Bill No. 6272, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending section 40110 (MCL 324.40110), as added by 1995 PA 57.

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

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

Rep. Tabor 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. 6272, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending section 40110 (MCL 324.40110), as added by 1995 PA 57.

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

Roll Call No. 986 Yeas--69

Acciavatti Farrah Kooiman Sak

Adamini Gaffney LaJoy Shaffer

Amos Garfield LaSata Sheen

Bisbee Gieleghem Meyer Sheltrown

Bradstreet Gillard Milosch Shulman

Brandenburg Gleason Moolenaar Spade

Brown Hager Newell Stahl

Byrum Hart Nitz Stakoe

Casperson Hoogendyk Palmer Steil

Caswell Hopgood Palsrok Stewart

Caul Howell Pappageorge Tabor

Dennis Huizenga Pastor Taub

DeRossett Hummel Pumford Van Regenmorter

Dillon Hune Richardville Walker

Drolet Hunter Rivet Ward

Elkins Julian Robertson Waters

Emmons Koetje Rocca Wenke

Farhat

Nays--22

Accavitti Kolb Nofs Vagnozzi

Anderson Law O'Neil Whitmer

Bieda Lipsey Plakas Wojno

Cheeks Meisner Smith Woodward

Condino Minore Tobocman Woronchak

Jamnick Murphy

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. 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 6272 (H-1) because there is no reason to pass a law giving the DNR and NRC this authority as these agencies are not prohibited by law from giving this type of advice now."

By unanimous consent the House returned to the order of

Reports of Standing Committees

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

House Bill No. 5873, entitled

A bill to amend 1949 PA 300, entitled "Michigan vehicle code," by amending section 310 (MCL 257.310), as amended by 2003 PA 152.

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

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

Favorable Roll Call

To Report Out:

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

Nays: None

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

House Bill No. 5944, entitled

A bill to amend 1949 PA 300, entitled "Michigan vehicle code," by amending section 629 (MCL 257.629), as amended by 1988 PA 368.

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, Gaffney, Hune, Huizenga, LaJoy, Robertson, Ward, Jamnick, Gleason, Adamini and Murphy

Nays: None

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

Senate Bill No. 735, entitled

A bill to amend 1996 PA 299, entitled "An act to regulate tourist-oriented directional signs on certain rural roads; and to impose certain duties upon the state transportation department," by amending sections 1 and 3 (MCL 247.401 and 247.403).

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

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

Favorable Roll Call

To Report Out:

Yeas: Reps. DeRossett, Casperson, Gaffney, Hune, Huizenga, LaJoy, Robertson, Ward, Anderson, Jamnick, Gleason, Tobocman, Adamini and Murphy

Nays: None

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Thursday, December 2, 2004

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

Absent: Rep. Elkins

Excused: Rep. Elkins

Second Reading of Bills

Rep. Richardville moved that Rule 48 be suspended.

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

House Bill No. 5944, entitled

A bill to amend 1949 PA 300, entitled "Michigan vehicle code," by amending section 629 (MCL 257.629), as amended by 1988 PA 368.

The bill was read a second time.

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

The motion prevailed.

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

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

By unanimous consent the House returned to the order of

Third Reading of Bills

House Bill No. 5944, entitled

A bill to amend 1949 PA 300, entitled "Michigan vehicle code," by amending section 629 (MCL 257.629), as amended by 1988 PA 368.

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

Roll Call No. 987 Yeas--92

Accavitti Farhat LaSata Shaffer

Acciavatti Farrah Law Sheen

Adamini Gaffney Meisner Sheltrown

Amos Garfield Meyer Shulman

Anderson Gieleghem Milosch Smith

Bisbee Gillard Minore Spade

Bradstreet Gleason Moolenaar Stahl

Brandenburg Hager Murphy Stakoe

Brown Hart Newell Steil

Byrum Hood Nitz Stewart

Casperson Hoogendyk Nofs Tabor

Caswell Hopgood O'Neil Taub

Caul Howell Palmer Tobocman

Cheeks Huizenga Palsrok Vagnozzi

Condino Hummel Pappageorge Van Regenmorter

Daniels Hune Pastor Walker

Dennis Hunter Plakas Ward

DeRossett Jamnick Pumford Waters

Dillon Julian Richardville Wenke

Drolet Koetje Rivet Whitmer

Ehardt Kolb Robertson Wojno

Elkins Kooiman Rocca Woodward

Emmons LaJoy Sak Woronchak

Nays--0

In The Chair: Julian

The House agreed to the title of the bill.

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

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

Second Reading of Bills

Rep. Richardville moved that Rule 48 be suspended.

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

House Bill No. 5873, entitled

A bill to amend 1949 PA 300, entitled "Michigan vehicle code," by amending section 310 (MCL 257.310), as amended by 2003 PA 152.

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

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

Rep. DeRossett moved to amend the bill as follows:

1. Amend page 9, following line 4, by inserting:

"Enacting section 1. This amendatory act takes effect January 1, 2006.".

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

Rep. Gleason 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. 5873, entitled

A bill to amend 1949 PA 300, entitled "Michigan vehicle code," by amending section 310 (MCL 257.310), as amended by 2003 PA 152.

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

Roll Call No. 988 Yeas--92

Accavitti Emmons LaSata Sak

Acciavatti Farhat Law Shaffer

Adamini Farrah Lipsey Sheen

Amos Gaffney Meisner Sheltrown

Anderson Garfield Meyer Smith

Bieda Gieleghem Milosch Spade

Bisbee Gillard Minore Stahl

Bradstreet Gleason Moolenaar Stakoe

Brandenburg Hager Murphy Steil

Brown Hart Newell Stewart

Byrum Hood Nitz Tabor

Casperson Hoogendyk Nofs Taub

Caswell Hopgood O'Neil Tobocman

Caul Howell Palmer Vagnozzi

Cheeks Huizenga Palsrok Van Regenmorter

Condino Hummel Pappageorge Voorhees

Daniels Hune Pastor Walker

Dennis Hunter Plakas Ward

DeRossett Julian Pumford Waters

Dillon Koetje Richardville Wenke

Drolet Kolb Rivet Whitmer

Ehardt Kooiman Robertson Wojno

Elkins LaJoy Rocca Woronchak

Nays--0

In The Chair: Julian

The House agreed to the title of the bill.

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

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

Reps. Anderson, Bisbee, DeRossett, Dillon, Elkins, Farhat, Kolb, Kooiman, LaJoy, Law, Moolenaar, Nofs, Pappageorge, Rivet, Stewart, Taub, Ward, Wojno were named co-sponsors of the bill.

Second Reading of Bills

House Bill No. 5312, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," (MCL 324.101 to 324.90106) by amending the title, as amended by 1996 PA 434, and by adding section 43540a.

The bill was read a second time.

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

The motion prevailed.

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

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

By unanimous consent the House returned to the order of

Third Reading of Bills

House Bill No. 5312, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," (MCL 324.101 to 324.90106) by amending the title, as amended by 1996 PA 434, and by adding section 43540a.

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

Roll Call No. 989 Yeas--87

Accavitti Farhat Law Sheltrown

Acciavatti Farrah Lipsey Shulman

Adamini Gaffney Meisner Smith

Amos Garfield Meyer Spade

Anderson Gieleghem Milosch Stahl

Bieda Gillard Minore Stakoe

Bisbee Gleason Moolenaar Steil

Bradstreet Hager Newell Stewart

Brandenburg Hart Nitz Tabor

Brown Hood Nofs Taub

Byrum Hoogendyk O'Neil Tobocman

Casperson Hopgood Palsrok Vagnozzi

Caswell Howell Pappageorge Van Regenmorter

Caul Hummel Pastor Voorhees

Condino Hune Pumford Walker

Daniels Hunter Richardville Ward

Dennis Julian Rivet Waters

DeRossett Koetje Robertson Wenke

Dillon Kolb Rocca Wojno

Drolet Kooiman Sak Woodward

Elkins LaJoy Shaffer Woronchak

Emmons LaSata Sheen

Nays--0

In The Chair: Julian

The question being on agreeing to the title of the bill,

Rep. Richardville moved to amend the title to read as follows:

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," (MCL 324.101 to 324.90106) by amending the title, as amended by 1996 PA 434, and by adding sections 43540a and 43540c.

The motion prevailed.

The House agreed to the title as amended.

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

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

Second Reading of Bills

The House returned to the consideration of

Senate Bill No. 790, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," (MCL 324.101 to 324.90106) by adding part 173.

(The bill was considered earlier today, see today's Journal, p. 2661.)

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

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

Roll Call No. 990 Yeas--32

Accavitti Dennis Kolb Smith

Acciavatti Dillon Law Stewart

Anderson Farhat Lipsey Tobocman

Bieda Gieleghem Meisner Vagnozzi

Byrum Gleason Murphy Waters

Caul Hopgood Nofs Whitmer

Cheeks Hunter O'Neil Wojno

Daniels Jamnick Pumford Woodward

Nays--56

Adamini Garfield Milosch Sheen

Amos Gillard Moolenaar Sheltrown

Bisbee Hager Newell Shulman

Brandenburg Hart Nitz Spade

Brown Hoogendyk Palmer Stahl

Casperson Howell Palsrok Stakoe

Caswell Huizenga Pappageorge Steil

Condino Hummel Pastor Tabor

DeRossett Hune Richardville Taub

Drolet Julian Rivet Van Regenmorter

Ehardt Koetje Robertson Voorhees

Elkins Kooiman Rocca Walker

Emmons LaJoy Sak Ward

Gaffney LaSata Shaffer Woronchak

In The Chair: Julian

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

1. Amend page 4, line 18, after "department" by striking out "shall" and inserting "may".

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.

______

Rep. Reeves entered the House Chambers.

By unanimous consent the House returned to the order of

Third Reading of Bills

Senate Bill No. 790, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," (MCL 324.101 to 324.90106) by adding part 173.

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

Roll Call No. 991 Yeas--57

Acciavatti Hart Newell Shulman

Amos Hoogendyk Nitz Spade

Bisbee Howell Nofs Stahl

Bradstreet Huizenga Palmer Stakoe

Brandenburg Hummel Palsrok Steil

Casperson Hune Pappageorge Stewart

Caswell Julian Pastor Tabor

Caul Koetje Pumford Taub

DeRossett Kooiman Richardville Van Regenmorter

Drolet LaJoy Robertson Voorhees

Ehardt LaSata Rocca Walker

Farhat Meyer Sak Ward

Gaffney Milosch Shaffer Wenke

Garfield Moolenaar Sheen Woronchak

Hager

Nays--38

Accavitti Dillon Kolb Rivet

Adamini Elkins Law Sheltrown

Anderson Farrah Lipsey Smith

Bieda Gieleghem Meisner Tobocman

Brown Gillard Minore Vagnozzi

Byrum Gleason Murphy Waters

Cheeks Hood O'Neil Whitmer

Condino Hopgood Plakas Wojno

Daniels Hunter Reeves Woodward

Dennis Jamnick

In The Chair: Julian

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

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

The House agreed to the full title.

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

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

Second Reading of Bills

Senate Bill No. 854, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," (MCL 324.101 to 324.90106) by adding part 174.

The bill was read a second time.

Rep. Law moved to amend the bill as follows:

1. Amend page 2, line 25, after "unless" by inserting "Senate Bill No. 174 and".

2. Amend page 2, line 25, after "Legislature" by striking out "is" and inserting "are".

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

Rep. Gieleghem moved to amend the bill as follows:

1. Amend page 1, line 8, after "The" by striking out "office" and inserting "cubicle".

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

Rep. Gieleghem demanded the yeas and nays.

The demand was supported.

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

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

Roll Call No. 992 Yeas--33

Accavitti Dillon Hunter Reeves

Adamini Drolet Kolb Sak

Anderson Elkins Lipsey Smith

Bieda Farrah Meisner Tobocman

Bradstreet Gieleghem Minore Vagnozzi

Byrum Gillard Murphy Waters

Cheeks Gleason O'Neil Whitmer

Condino Hopgood Plakas Woodward

Dennis

Nays--55

Acciavatti Huizenga Nofs Spade

Amos Hummel Palmer Stahl

Bisbee Hune Palsrok Stakoe

Brandenburg Julian Pappageorge Steil

Caswell Koetje Pastor Stewart

Caul Kooiman Pumford Tabor

DeRossett LaJoy Richardville Taub

Farhat LaSata Rivet Van Regenmorter

Gaffney Law Robertson Voorhees

Garfield Meyer Rocca Walker

Hager Milosch Shaffer Ward

Hart Moolenaar Sheen Wenke

Hoogendyk Newell Sheltrown Woronchak

Howell Nitz Shulman

In The Chair: Julian

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

The motion prevailed.

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

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

By unanimous consent the House returned to the order of

Third Reading of Bills

Senate Bill No. 854, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," (MCL 324.101 to 324.90106) by adding part 174.

The bill was read a third time and not passed, a majority of the members serving not voting therefor, by yeas and nays, as follows:

Roll Call No. 993 Yeas--51

Acciavatti Hart Newell Stahl

Amos Hoogendyk Nitz Stakoe

Bisbee Howell Nofs Steil

Brandenburg Huizenga Palsrok Stewart

Casperson Hummel Pappageorge Tabor

Caswell Hune Pastor Taub

Caul Koetje Pumford Van Regenmorter

DeRossett Kooiman Richardville Voorhees

Ehardt LaJoy Robertson Walker

Farhat LaSata Rocca Ward

Gaffney Meyer Shaffer Wenke

Garfield Milosch Sheen Woronchak

Hager Moolenaar Shulman

Nays--44

Accavitti Dillon Julian Rivet

Adamini Drolet Kolb Sak

Anderson Elkins Law Sheltrown

Bieda Farrah Lipsey Smith

Bradstreet Gieleghem Meisner Spade

Brown Gillard Minore Tobocman

Byrum Gleason Murphy Vagnozzi

Cheeks Hood O'Neil Waters

Condino Hopgood Palmer Whitmer

Daniels Hunter Plakas Wojno

Dennis Jamnick Reeves Woodward

In The Chair: Julian

Rep. Richardville moved to reconsider the vote by which the House did not pass the bill.

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

The question being on the passage of the bill,

Rep. Richardville moved that consideration of the bill be postponed for the day.

The motion prevailed.

Second Reading of Bills

Senate Bill No. 773, entitled

A bill to amend 1931 PA 328, entitled "The Michigan penal code," by amending section 145c (MCL 750.145c), as amended by 2002 PA 629.

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

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

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

The motion prevailed.

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

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

______

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

The motion prevailed.

By unanimous consent the House returned to the order of

Third Reading of Bills

Senate Bill No. 773, entitled

A bill to amend 1931 PA 328, entitled "The Michigan penal code," by amending section 145c (MCL 750.145c), as amended by 2002 PA 629.

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

Roll Call No. 994 Yeas--93

Accavitti Farrah Law Sheen

Acciavatti Gaffney Lipsey Sheltrown

Adamini Garfield Meisner Shulman

Amos Gieleghem Milosch Smith

Anderson Gillard Minore Spade

Bieda Gleason Moolenaar Stahl

Bisbee Hager Newell Stakoe

Bradstreet Hart Nitz Steil

Brandenburg Hood Nofs Stewart

Brown Hoogendyk O'Neil Tabor

Byrum Hopgood Palmer Taub

Casperson Howell Palsrok Tobocman

Caswell Huizenga Pappageorge Vagnozzi

Caul Hummel Pastor Van Regenmorter

Cheeks Hune Plakas Voorhees

Condino Hunter Pumford Walker

Daniels Jamnick Reeves Ward

Dennis Julian Richardville Waters

DeRossett Koetje Rivet Wenke

Dillon Kolb Robertson Whitmer

Drolet Kooiman Rocca Wojno

Ehardt LaJoy Sak Woodward

Elkins LaSata Shaffer Woronchak

Farhat

Nays--0

In The Chair: Julian

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

"An act to revise, consolidate, codify and add to the statutes relating to crimes; to define crimes and prescribe the penalties therefor; to provide for restitution under certain circumstances; to provide for the competency of evidence at the trial of persons accused of crime; to provide immunity from prosecution for certain witnesses appearing at such trials; and to repeal certain acts and parts of acts inconsistent with or contravening any of the provisions of this act,"

The House agreed to the full title.

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

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

Announcement by the Clerk of Printing and Enrollment

The Clerk announced the enrollment printing and presentation to the Governor on Thursday, December 2, for her approval of the following bills:

Enrolled House Bill No. 5336 at 10:05 a.m.

Enrolled House Bill No. 5347 at 10:07 a.m.

Enrolled House Bill No. 5529 at 10:09 a.m.

Enrolled House Bill No. 6230 at 10:11 a.m.

The Clerk announced that the following bills had been printed and placed upon the files of the members on Thursday, December 2:

House Bill Nos. 6359 6360 6361 6362 6363

The Clerk announced that the following Senate bills had been received on Thursday, December 2:

Senate Bill Nos. 478 823 929 930 931 1485

By unanimous consent the House returned to the order of

Messages from the Senate

House Bill No. 5656, entitled

A bill to amend 1984 PA 431, entitled "The management and budget act," (MCL 18.1101 to 18.1594) by adding section 237c.

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. 5844, entitled

A bill to amend 1967 PA 281, entitled "Income tax act of 1967," by amending section 508 (MCL 206.508), as amended by 1990 PA 283.

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. 4880, entitled

A bill to provide for the exemption of certain manufactured housing property from certain taxes; to levy and collect a state specific tax upon certain manufactured housing property; to provide for the disposition of the state specific tax; to prescribe the powers and duties of certain local government officials; to provide penalties; and to repeal acts and parts of acts.

The Senate has substituted (S-3) the bill.

The Senate has passed the bill as substituted (S-3) and ordered that it be given immediate effect.

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

House Bill No. 5415, entitled

A bill to amend 1974 PA 198, entitled "An act to provide for the establishment of plant rehabilitation districts and industrial development districts in local governmental units; to provide for the exemption from certain taxes; to levy and collect a specific tax upon the owners of certain facilities; to impose and provide for the disposition of an administrative fee; to provide for the disposition of the tax; to provide for the obtaining and transferring of an exemption certificate and to prescribe the contents of those certificates; to prescribe the powers and duties of the state tax commission and certain officers of local governmental units; and to provide penalties," by amending section 4 (MCL 207.554), as amended by 1999 PA 140.

The Senate has amended the bill as follows:

1. Amend page 4, line 2, after "district" by inserting "as determined by the tax records in the office of the assessor or the treasurer of the local tax collecting unit in which the property is located".

The Senate has passed the bill as amended and ordered that it be given immediate effect.

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

House Bill No. 5645, entitled

A bill to amend 1846 RS 14, entitled "Of county officers," by amending section 91 (MCL 53.91).

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

The Senate has passed the bill as substituted (S-1) and ordered that it be given immediate effect.

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

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.

The Senate has substituted (S-2) the bill.

The Senate has passed the bill as substituted (S-2), ordered that it be given immediate effect and amended the title to read as follows:

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

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

Senate Bill No. 478, entitled

A bill to amend 1893 PA 206, entitled "The general property tax act," by amending section 2a (MCL 211.2a), as amended by 1982 PA 539.

The Senate has passed the bill.

The bill was read a first time by its title.

Pending the reference of the bill to a committee,

Rep. Richardville moved that Rules 44 and 45 be suspended.

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

Rep. Richardville moved that the bill be placed on the order of Second Reading of Bills and laid over one day.

The motion prevailed.

Senate Bill No. 823, entitled

A bill to amend 1961 PA 236, entitled "Revised judicature act of 1961," by amending sections 504, 807, 808, 810a, and 821 (MCL 600.504, 600.807, 600.808, 600.810a, and 600.821), sections 807, 808, and 821 as amended by 2003 PA 40 and sections 504 and 810a as amended by 2002 PA 715.

The Senate has passed the bill.

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

Senate Bill No. 929, entitled

A bill to amend 1961 PA 236, entitled "Revised judicature act of 1961," by amending sections 3140, 3240, 6062, and 6066 (MCL 600.3140, 600.3240, 600.6062, and 600.6066), section 3240 as amended by 2000 PA 380; and to repeal acts and parts of acts.

The Senate has passed the bill.

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

Senate Bill No. 930, entitled

A bill to amend 1899 PA 188, entitled "Michigan estate tax act," by amending section 3 (MCL 205.203), as amended by 1993 PA 54.

The Senate has passed the bill.

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

Senate Bill No. 931, entitled

A bill to amend 1966 PA 346, entitled "State housing development authority act of 1966," by amending sections 48i and 49j (MCL 125.1448i and 125.1449j), section 48i as added by 1981 PA 173 and section 49j as amended by 1993 PA 221.

The Senate has passed the bill.

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

Senate Bill No. 1485, entitled

A bill to amend 1951 PA 33, entitled "An act to provide police and fire protection for townships and for certain areas in townships, certain incorporated villages, and cities under 15,000 population; to authorize contracting for fire and police protection; to authorize the purchase of fire and police equipment, and the maintenance and operation of the equipment; to provide for defraying the cost of the equipment; to authorize the creation of special assessment districts and the levying and collecting of special assessments; to authorize the issuance of special assessment bonds in anticipation of the collection of special assessments and the advancement of the amount necessary to pay such bonds, and to provide for reimbursement for such advances by reassessment if necessary; to authorize the collection of fees for certain emergency services in townships and other municipalities; to authorize the creation of administrative boards and to prescribe their powers and duties; to provide for the appointment of traffic officers and to prescribe their powers and duties; and to repeal certain acts and parts of acts," by amending the title and section 10 (MCL 41.810), the title as amended by 1990 PA 102.

The Senate has passed the bill.

The bill was read a first time by its title.

Pending the reference of the bill to a committee,

Rep. Richardville moved that Rules 44 and 45 be suspended.

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

Rep. Richardville moved that the bill be placed on the order of Second Reading of Bills and laid over one day.

The motion prevailed.

Second Reading of Bills

House Bill No. 5790, entitled

A bill to amend 1972 PA 239, entitled "McCauley-Traxler-Law-Bowman-McNeely lottery act," by amending sections 11 and 23 (MCL 432.11 and 432.23), as amended by 1996 PA 167.

The bill was read a second time.

Rep. Spade 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. Spade moved to amend the bill as follows:

1. Amend page 7, line 20, after "1963" by striking out the balance of the sentence and inserting a period.

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

Rep. Spade 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. 5790, entitled

A bill to amend 1972 PA 239, entitled "McCauley-Traxler-Law-Bowman-McNeely lottery act," by amending sections 11 and 23 (MCL 432.11 and 432.23), as amended by 1996 PA 167.

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

Roll Call No. 995 Yeas--71

Accavitti Elkins Lipsey Sheltrown

Acciavatti Farhat Meisner Shulman

Adamini Farrah Minore Spade

Amos Gaffney Murphy Stakoe

Anderson Garfield Nitz Steil

Bieda Gieleghem Nofs Stewart

Brandenburg Gillard O'Neil Tabor

Brown Gleason Palsrok Tobocman

Byrum Hood Pappageorge Vagnozzi

Casperson Hopgood Pastor Walker

Caul Howell Plakas Ward

Cheeks Hunter Pumford Waters

Condino Jamnick Reeves Wenke

Daniels Julian Richardville Whitmer

Dennis Kolb Rivet Wojno

DeRossett LaJoy Robertson Woodward

Dillon LaSata Rocca Woronchak

Ehardt Law Sak

Nays--23

Bisbee Hoogendyk Milosch Smith

Bradstreet Huizenga Moolenaar Stahl

Caswell Hummel Newell Taub

Drolet Hune Palmer Van Regenmorter

Hager Koetje Shaffer Voorhees

Hart Kooiman Sheen

In The Chair: Julian

The question being on agreeing to the title of the bill,

Rep. Richardville moved to amend the title to read as follows:

A bill to amend 1972 PA 239, entitled "McCauley-Traxler-Law-Bowman-McNeely lottery act," by amending sections 23, 41, and 43 (MCL 432.23, 432.41, and 432.43), section 23 as amended by 2004 PA 272 and sections 41 and 43 as amended by 1997 PA 72.

The motion prevailed.

The House agreed to the title as amended.

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

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

Reps. Daniels, Reeves, Stewart, O'Neil, Rocca, Pappageorge, Jamnick, DeRossett, Lipsey, Murphy, Julian, Rivet, Adamini, Pastor, Hopgood, Law, Brandenburg, Vagnozzi, Stakoe, Byrum, Sak, Farhat, Elkins and Dillon were named co-sponsors of the bill.

______

Rep. LaSata moved that Rep. Caul be excused temporarily from today's session.

The motion prevailed.

Rep. Sheen moved that Rep. Hoogendyk 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

House Bill No. 6029, entitled

A bill to amend 1917 PA 273, entitled "An act to regulate and license pawnbrokers in certain governmental units of this state; and to prescribe certain powers and duties of certain local governmental units and state agencies," by amending sections 9 and 11 (MCL 446.209 and 446.211), as amended by 1998 PA 233.

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

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

A bill to amend 1917 PA 273, entitled "An act to regulate and license pawnbrokers in certain governmental units of this state; and to prescribe certain powers and duties of certain local governmental units and state agencies," by amending sections 1, 9, 11, and 13 (MCL 446.201, 446.209, 446.211, and 446.213), section 1 as amended by 2002 PA 469 and sections 9 and 11 as amended by 1998 PA 233.

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.

Rep. Waters moved to reconsider the vote by which the House suspended Rule 45.

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

Rep. Waters demanded the yeas and nays.

The demand was supported.

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

The motion did not prevail, a majority of members present not voting therefor, by yeas and nays, as follows:

Roll Call No. 996 Yeas--37

Accavitti Dillon Jamnick Sak

Adamini Elkins Kolb Sheltrown

Anderson Farrah Law Smith

Bieda Gieleghem Meisner Spade

Brown Gillard Minore Tobocman

Byrum Gleason Murphy Vagnozzi

Cheeks Hood O'Neil Waters

Condino Hopgood Plakas Wojno

Daniels Hunter Reeves Woodward

Dennis

Nays--51

Acciavatti Hager Newell Shulman

Amos Hart Nitz Stahl

Bisbee Howell Nofs Stakoe

Bradstreet Huizenga Palmer Steil

Brandenburg Hummel Palsrok Stewart

Casperson Hune Pappageorge Tabor

Caswell Julian Pastor Taub

DeRossett Koetje Pumford Van Regenmorter

Drolet Kooiman Richardville Voorhees

Ehardt LaJoy Robertson Walker

Farhat LaSata Rocca Ward

Gaffney Milosch Shaffer Wenke

Garfield Moolenaar Sheen

In The Chair: Julian

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

The substitute (S-1) was not concurred in, a majority of the members serving not voting therefor, by yeas and nays, as follows:

Roll Call No. 997 Yeas--16

Accavitti Drolet Hart Smith

Byrum Elkins Hunter Tobocman

Cheeks Gillard Murphy Waters

Condino Gleason Sak Wojno

Nays--69

Acciavatti Hager Moolenaar Sheltrown

Adamini Hopgood Newell Shulman

Amos Howell Nitz Spade

Anderson Huizenga Nofs Stahl

Bieda Hummel O'Neil Stakoe

Bisbee Hune Palmer Steil

Bradstreet Jamnick Palsrok Stewart

Brandenburg Julian Pappageorge Tabor

Casperson Koetje Pastor Taub

Caswell Kooiman Plakas Vagnozzi

Daniels LaJoy Pumford Van Regenmorter

DeRossett LaSata Richardville Voorhees

Dillon Law Rivet Walker

Ehardt Lipsey Robertson Ward

Farhat Meisner Rocca Wenke

Farrah Milosch Shaffer Woodward

Gaffney Minore Sheen Woronchak

Garfield

In The Chair: Julian

Second Reading of Bills

House Bill No. 5989, entitled

A bill to amend 1927 PA 372, entitled "An act to regulate and license the selling, purchasing, possessing, and carrying of certain firearms and gas ejecting devices; to prohibit the buying, selling, or carrying of certain firearms and gas ejecting devices without a license or other authorization; to provide for the forfeiture of firearms under certain circumstances; to provide for penalties and remedies; to provide immunity from civil liability under certain circumstances; to prescribe the powers and duties of certain state and local agencies; to prohibit certain conduct against individuals who apply for or receive a license to carry a concealed pistol; to make appropriations; to prescribe certain conditions for the appropriations; and to repeal all acts and parts of acts inconsistent with this act," by amending section 5l (MCL 28.425l), as amended by 2002 PA 719.

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

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

Rep. DeRossett moved to amend the bill as follows:

1. Amend page 2, line 19, after the first "the" by striking out "30-day" and inserting "60-day".

2. Amend page 2, line 22, by striking out all of subsection (5).

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

Rep. DeRossett 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. 5989, 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. 998 Yeas--77

Accavitti Farhat Meisner Sheen

Acciavatti Farrah Milosch Sheltrown

Adamini Gaffney Moolenaar Shulman

Amos Garfield Newell Spade

Anderson Gieleghem Nitz Stahl

Bieda Gillard Nofs Stakoe

Bisbee Gleason O'Neil Steil

Bradstreet Hager Palmer Stewart

Brandenburg Hart Palsrok Tabor

Brown Hopgood Pappageorge Taub

Byrum Howell Pastor Van Regenmorter

Casperson Huizenga Plakas Voorhees

Caswell Hummel Pumford Walker

Daniels Hune Richardville Ward

Dennis Julian Rivet Waters

DeRossett Koetje Robertson Wenke

Dillon Kooiman Rocca Wojno

Drolet LaJoy Sak Woodward

Ehardt LaSata Shaffer Woronchak

Elkins

Nays--14

Cheeks Kolb Murphy Tobocman

Condino Law Reeves Vagnozzi

Hood Lipsey Smith Whitmer

Hunter Minore

In The Chair: Julian

The House agreed to the title of the bill.

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

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

Second Reading of Bills

House Bill No. 6196, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending the heading of part 172 and section 17201 (MCL 324.17201), as added by 2002 PA 578, and by adding section 17205.

The bill was read a second time.

Rep. Minore 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. 6196, 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. 999 Yeas--69

Accavitti Gaffney Meisner Sheltrown

Acciavatti Gieleghem Minore Shulman

Amos Gillard Murphy Spade

Anderson Gleason Newell Stakoe

Bieda Hager Nitz Steil

Brandenburg Hart Nofs Stewart

Brown Hood O'Neil Tabor

Byrum Hopgood Palsrok Tobocman

Caswell Howell Pappageorge Vagnozzi

Cheeks Hunter Plakas Van Regenmorter

Condino Jamnick Pumford Walker

Daniels Julian Reeves Ward

Dennis Koetje Richardville Waters

DeRossett Kolb Rivet Whitmer

Dillon LaSata Rocca Wojno

Elkins Law Sak Woodward

Farhat Lipsey Shaffer Woronchak

Farrah

Nays--18

Bisbee Hummel Moolenaar Sheen

Bradstreet Hune Palmer Stahl

Casperson Kooiman Pastor Taub

Drolet LaJoy Robertson Voorhees

Garfield Milosch

In The Chair: Julian

The House agreed to the title of the bill.

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

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

Reps. Daniels, Jamnick, DeRossett, Sak and Gillard were named co-sponsors of the bill.

Second Reading of Bills

House Bill No. 6198, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," (MCL 324.101 to 324.90106) by amending the heading of part 172 and by adding section 17204.

The bill was read a second time.

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

The motion prevailed.

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

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

______

Rep. Palmer moved that Rep. Huizenga 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. 6198, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," (MCL 324.101 to 324.90106) by amending the heading of part 172 and by adding section 17204.

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

Roll Call No. 1000 Yeas--66

Accavitti Farhat Law Shaffer

Acciavatti Farrah Lipsey Sheltrown

Adamini Gaffney Meisner Smith

Anderson Gieleghem Minore Spade

Bieda Gillard Murphy Stakoe

Brandenburg Gleason Newell Steil

Brown Hager Nitz Stewart

Byrum Hart Nofs Tobocman

Caswell Hood O'Neil Vagnozzi

Cheeks Hopgood Palsrok Walker

Condino Howell Pappageorge Ward

Daniels Hunter Plakas Waters

Dennis Jamnick Pumford Whitmer

DeRossett Julian Rivet Wojno

Dillon Koetje Rocca Woodward

Ehardt Kolb Sak Woronchak

Elkins LaSata

Nays--20

Bisbee Hune Palmer Stahl

Casperson Kooiman Pastor Tabor

Drolet LaJoy Robertson Taub

Garfield Milosch Sheen Van Regenmorter

Hummel Moolenaar Shulman Voorhees

In The Chair: Julian

The House agreed to the title of the bill.

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

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

Reps. Daniels, Rocca, DeRossett, Richardville, Dennis, Bieda, Amos, Sak and Dillon were named co-sponsors of the bill.

By unanimous consent the House returned to the order of

Reports of Standing Committees

The Committee on Higher Education, by Rep. Voorhees, Chair, reported

Senate Bill No. 72, entitled

A bill to create the pregnant and parenting student services fund; to provide grants to encourage certain institutions of higher education to establish and operate a pregnant and parenting student services office for pregnant and parenting students attending the institution; to prescribe the powers and duties of a pregnant and parenting student services office; and to prescribe the powers and duties of certain state departments.

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. Voorhees, Hart, LaSata and Stakoe

Nays: None

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Thursday, December 2, 2004

Present: Reps. Voorhees, Hart, LaSata, Stakoe and Dennis

Absent: Reps. Hood and Smith

Excused: Reps. Hood and Smith

Notices

I hereby give notice that on the next legislative session day I will move to discharge the Committee on Education from further consideration of Senate Bill No. 1153.

Rep. Palmer

I hereby give notice that on the next legislative session day I will move to discharge the Committee on Education from further consideration of Senate Bill No. 1154.

Rep. Palmer

I hereby give notice that on the next legislative session day I will move to discharge the Committee on Education from further consideration of Senate Bill No. 1155.

Rep. Palmer

I hereby give notice that on the next legislative session day I will move to discharge the Committee on Education from further consideration of Senate Bill No. 1156.

Rep. Palmer

I hereby give notice that on the next legislative session day I will move to discharge the Committee on Education from further consideration of Senate Bill No. 1157.

Rep. Palmer

Introduction of Bills

Rep. Ward introduced

House Bill No. 6364, entitled

A bill to amend 1986 PA 54, entitled "Building officials and inspectors registration act," by amending the title and sections 2, 3, 4, 6, 7, 8, 10, 12, and 13 (MCL 338.2302, 338.2303, 338.2304, 338.2306, 338.2307, 338.2308, 338.2310, 338.2312, and 338.2313), section 3 as amended by 1998 PA 50, and by adding sections 2a, 8a, 8b, 8c, 8d, 8e, 8f, and 8g; and to repeal acts and parts of acts.

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

Reps. LaSata, Plakas and Stahl introduced

House Bill No. 6365, entitled

A bill to amend 1978 PA 368, entitled "Public health code," by amending section 21513 (MCL 333.21513), as amended by 2002 PA 125.

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

Rep. Robertson introduced

House Bill No. 6366, entitled

A bill to amend 1931 PA 328, entitled "The Michigan penal code," (MCL 750.1 to 750.568) by adding section 90h.

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

Rep. Robertson introduced

House Bill No. 6367, entitled

A bill to amend 1927 PA 175, entitled "The code of criminal procedure," by amending section 16d of chapter XVII (MCL 777.16d), as amended by 2002 PA 269.

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

______

Rep. Milosch moved that the House adjourn.

The motion prevailed, the time being 6:35 p.m.

The Speaker Pro Tempore declared the House adjourned until Tuesday, December 7, at 1:00 p.m.

GARY L. RANDALL

Clerk of the House of Representatives