2003-HJ-10-30-082.htm

No. 82

STATE OF MICHIGAN

JOURNAL

OF THE

House of Representatives

92nd Legislature

REGULAR SESSION OF 2003

House Chamber, Lansing, Thursday, October 30, 2003.

10:00 a.m.

The House was called to order by the Speaker Pro Tempore.

The roll was called by the Clerk of the House of Representatives, who announced that a quorum was present.

Accavitti--present Garfield--present Meyer--present Sheen--present

Acciavatti--present Gieleghem--present Middaugh--present Sheltrown--excused

Adamini--present Gillard--present Milosch--present Shulman--present

Amos--present Gleason--present Minore--present Smith--excused

Anderson--present Hager--present Moolenaar--present Spade--present

Bieda--present Hardman--present Mortimer--present Stahl--present

Bisbee--present Hart--present Murphy--present Stakoe--present

Bradstreet--present Hood--present Newell--present Stallworth--present

Brandenburg--present Hoogendyk--present Nitz--present Steil--present

Brown--present Hopgood--present Nofs--present Stewart--present

Byrum--present Howell--present O'Neil--present Tabor--present

Casperson--present Huizenga--present Paletko--present Taub--present

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

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

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

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

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

Daniels--present Johnson, Ruth--present Plakas--present Walker--present

Dennis--present Julian--present Pumford--present Ward--present

DeRoche--present Koetje--present Reeves--present Waters--present

DeRossett--present Kolb--present Richardville--present Wenke--present

Drolet--present Kooiman--present Rivet--present Whitmer--present

Ehardt--present LaJoy--present Robertson--present Williams--present

Elkins--present LaSata--present Rocca--present Wojno--present

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

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

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

Gaffney--present Meisner--present

e/d/s = entered during session

Rep. Doug Spade, from the 57th District, offered the following invocation:

"Dear Lord, we pause to thank You for our many blessings. We are humbly grateful for the opportunity to work for the people of the state of Michigan as legislators and staff. We ask You to guide us in our deliberations today and in the weeks and months ahead as we face difficult budgeting choices. Give us the judgment, wisdom and understanding always to put partisan politics in their proper place and keep the right decisions and choices for the people of the state of Michigan as our top priority. Please help us to always remember why we are here, Lord, to serve our constituents, the people of this state and to serve You. We pray in Jesus' name. Amen."

______

Rep. Waters moved that Reps. Sheltrown and Smith be excused from today's session.

The motion prevailed.

Second Reading of Bills

Senate Bill No. 352, entitled

A bill to designate March 31 of each year as Cesar E. Chavez day in the state of Michigan.

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

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

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

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

Rep. 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. 352, entitled

A bill to designate March 31 of each year as Cesar E. Chavez day in the state of Michigan.

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

Roll Call No. 594 Yeas--99

Accavitti Garfield McConico Shulman

Acciavatti Gieleghem Meisner Spade

Adamini Gillard Meyer Stahl

Amos Gleason Minore Stakoe

Anderson Hager Moolenaar Stallworth

Bieda Hardman Mortimer Steil

Brandenburg Hart Murphy Stewart

Brown Hood Newell Tabor

Byrum Hopgood Nofs Taub

Casperson Howell O'Neil Tobocman

Caul Huizenga Paletko Vagnozzi

Cheeks Hummel Palmer Van Regenmorter

Clack Hune Palsrok Vander Veen

Condino Hunter Pappageorge Voorhees

Daniels Jamnick Pastor Walker

Dennis Johnson, Rick Phillips Ward

DeRoche Johnson, Ruth Plakas Waters

DeRossett Julian Pumford Wenke

Drolet Koetje Richardville Whitmer

Ehardt Kolb Rivet Williams

Elkins Kooiman Robertson Wojno

Emmons LaJoy Rocca Woodward

Farhat LaSata Sak Woronchak

Farrah Law Shackleton Zelenko

Gaffney Lipsey Shaffer

Nays--8

Bisbee Caswell Middaugh Nitz

Bradstreet Hoogendyk Milosch 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 designate March 31 of each year as Cesar E. Chavez day in the state of Michigan; to designate July 14 of each year as President Gerald R. Ford day in the state of Michigan; and to designate July 30 of each year as Henry Ford day in the state of Michigan.

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. 5183, entitled

A bill to amend 1939 PA 280, entitled "The social welfare act," (MCL 400.1 to 400.119b) by adding section 18e.

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

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

Rep. Stahl 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. 5183, entitled

A bill to amend 1939 PA 280, entitled "The social welfare act," (MCL 400.1 to 400.119b) by adding section 18e.

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

Roll Call No. 595 Yeas--108

Accavitti Gaffney McConico Shackleton

Acciavatti Garfield Meisner Shaffer

Adamini Gieleghem Meyer Sheen

Amos Gillard Middaugh Shulman

Anderson Gleason Milosch Spade

Bieda Hager Minore Stahl

Bisbee Hardman Moolenaar Stakoe

Bradstreet Hart Mortimer Stallworth

Brandenburg Hood Murphy Steil

Brown Hoogendyk Newell Stewart

Byrum Hopgood Nitz Tabor

Casperson Howell Nofs Taub

Caswell Huizenga O'Neil Tobocman

Caul Hummel Paletko Vagnozzi

Cheeks Hune Palmer Van Regenmorter

Clack Hunter Palsrok Vander Veen

Condino Jamnick Pappageorge Voorhees

Daniels Johnson, Rick Pastor Walker

Dennis Johnson, Ruth Phillips Ward

DeRoche Julian Plakas Waters

DeRossett Koetje Pumford Wenke

Drolet Kolb Reeves Whitmer

Ehardt Kooiman Richardville Williams

Elkins LaJoy Rivet Wojno

Emmons LaSata Robertson Woodward

Farhat Law Rocca Woronchak

Farrah Lipsey Sak Zelenko

Nays--0

In The Chair: Julian

The House agreed to the title 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. 4600, entitled

A bill to amend 1949 PA 300, entitled "Michigan vehicle code," by amending section 310e (MCL 257.310e), as amended by 2002 PA 554.

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

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

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

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

Rep. Gaffney moved to amend the bill as follows:

1. Amend page 6, following line 8, by inserting:

"Enacting section 1. This amendatory act takes effect May 1, 2004.".

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

Reps. Huizenga, Kooiman and Sak moved to amend the bill as follows:

1. Amend page 3, line 24, after "members" by inserting "unless the person is accompanied by his or her parent or legal guardian or has in his or her possession the written authorization of his or her parent or legal guardian".

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

Reps. Kooiman, Huizenga and Sak moved to amend the bill as follows:

1. Amend page 3, line 24, after "members" by inserting "unless that transportation is to or from a project or activity sponsored by a public or private school".

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

Rep. Richardville moved to reconsider the vote by which the House adopted the amendment.

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

The question being on the adoption of the amendment offered previously by Reps. Kooiman, Huizenga and Sak,

Rep. Kooiman withdrew the amendment.

Rep. Gaffney 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. 4600, entitled

A bill to amend 1949 PA 300, entitled "Michigan vehicle code," by amending section 310e (MCL 257.310e), as amended by 2002 PA 554.

The bill was read a third time.

The question being on the passage of the bill,

After debate,

Rep. Stewart demanded the previous question.

The demand was supported.

The question being, "Shall the main question now be put?"

The previous question was ordered.

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. 596 Yeas--57

Acciavatti Gleason Murphy Stahl

Adamini Hager Nofs Stakoe

Amos Hart Paletko Steil

Bieda Howell Palsrok Stewart

Bradstreet Huizenga Pappageorge Taub

Brandenburg Hummel Pastor Tobocman

Brown Hune Plakas Van Regenmorter

Byrum Hunter Pumford Voorhees

Caswell Johnson, Rick Richardville Walker

DeRossett Kolb Robertson Ward

Ehardt LaJoy Rocca Wenke

Elkins LaSata Shackleton Whitmer

Gaffney Meisner Shaffer Wojno

Gieleghem Middaugh Spade Woronchak

Gillard

Nays--43

Accavitti Drolet Law Reeves

Anderson Emmons Lipsey Rivet

Bisbee Farrah McConico Sak

Casperson Garfield Milosch Stallworth

Caul Hardman Minore Vagnozzi

Cheeks Hopgood Mortimer Vander Veen

Clack Jamnick Newell Waters

Condino Johnson, Ruth Nitz Williams

Daniels Julian O'Neil Woodward

Dennis Koetje Palmer Zelenko

DeRoche Kooiman Phillips

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 1949 PA 300, entitled "Michigan vehicle code," by amending section 310e (MCL 257.310e), as amended by 2003 PA 61.

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. Kolb, Adamini, Brandenburg, Hune, Wenke and Palsrok were named co-sponsors of the bill.

______

Reps. Accavitti, Phillips, Condino, Anderson, Hopgood, Zelenko and Vagnozzi, having reserved the right to explain their protest against the passage of the bill, made the following statement:

"Mr. Speaker and members of the House:

Today I voted no on House Bill 4600 because the bill as passed by the House has been rendered ineffective by an exception amended into the bill. This amendment makes the new law practically unenforceable and ineffective. Had the original version been passed, I would have voted yes on the bill."

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

"Mr. Speaker and members of the House:

I voted against final passage of HB 4600, even though it was amended to partially relieve my concerns about the impact of the legislation on parental involvement in decision-making on their kids driving responsibilities. I was one of the authors of the amendment allowing parents to write a note authorizing their child to have more than one unrelated teen in their vehicle. While that amendment made a bad bill better, I still believe it is still bad public policy for the following reasons: 1) It's enforceability - How will police officers be able to determine the relationship of all passengers to the driver...these are teens, they do not all have IDs or drivers licenses, so now if they "look" 16 and have more than one passenger they are likely to be pulled over, even if they are obeying the law and have written permission; 2) This bill assumes all kids are irresponsible and immature and deals not with bad behavior, but simply the number of children in the vehicle; 3) This bill has the potential to raise legitimate concerns relative to profiling; 4) This bill is based on faulty facts. It assumes the worst drivers are 16 year olds, when in fact 17 & 18 year olds have more accidents than their younger peers and the most accident prone age group is those that are over 65 during the hours of 3 - 5.

This bill sends the wrong message to parents and kids. Let's do the right thing and provide increased education for parents without making their kids criminals. HB 4600 as amended is better than the introduced bill, but it is still bad public policy."

By unanimous consent the House returned to the order of

Motions and Resolutions

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

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

Rep. Gieleghem moved that the Committee on Land Use and Environment be discharged from further consideration of House Bill No. 4098.

(For first notice see House Journal No. 81, p. 2006.)

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

Rep. Gieleghem demanded the yeas and nays.

The demand was supported.

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

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

The motion prevailed.

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

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

Rep. Gieleghem moved that the Committee on Land Use and Environment be discharged from further consideration of House Bill No. 4099.

(For first notice see House Journal No. 81, p. 2006.)

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

Rep. Gieleghem demanded the yeas and nays.

The demand was supported.

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

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

The motion prevailed.

______

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

The motion prevailed.

Reps. Brandenburg, Palmer, Nitz, Milosch, Bradstreet, Taub, Ward, Caswell, Garfield, Tabor, Walker, Shulman, DeRossett, Amos, Wenke, Stahl, Sheen, Rocca, Hoogendyk, Voorhees, Bisbee, Ehardt, Kooiman, Howell, LaJoy, Ruth Johnson, Sheltrown, DeRoche, Spade, Woronchak, Middaugh, Farhat, Shackleton, Nofs, Gaffney, Steil, Van Regenmorter, Pappageorge, Caul, Hart, Shaffer, Meyer, Stewart, Drolet, Acciavatti, Emmons, Robertson, Vander Veen, Casperson, Pastor, Stakoe, Mortimer, Palsrok, Newell, Hummel, Huizenga, Accavitti, Gieleghem, Wojno, Law, Gleason, Hager, Hune, Murphy, O'Neil, Plakas, Richardville and Sak offered the following resolution:

House Resolution No. 161.

A resolution to urge the United States Supreme Court to uphold the constitutionality of the Pledge of Allegiance with the phrase "under God" and permit its recitation in classrooms.

Whereas, In a ruling that has upset citizens all across our country, a California federal appellate court ruled that the phrase "under God" in the Pledge of Allegiance amounts to an unconstitutional "endorsement of religion." This case is now before the United States Supreme Court; and

Whereas, For nearly 50 years, the phrase "under God" has been part of the Pledge of Allegiance as an expression of nondenominational faith in a higher power that is a fitting continuation of the sentiments that have been part of our national heritage since the founders included such references in the Declaration of Independence. Indeed, the Declaration of Independence includes such terms as "God," "Creator," and "Divine Providence," and our national motto is "In God We Trust"; and

Whereas, At the heart of this case is whether or not students should be allowed to say the Pledge of Allegiance in its entirety. A key point to remember is the fact that permitting students to say the Pledge is not the same as compelling them to do so, a distinction that the United States Supreme Court has already addressed; and

Whereas, The move to question the constitutionality of the Pledge of Allegiance with "under God" is strongly opposed by many people as a reflection of oversensitivity to political correctness and insensitivity to our history, our culture, and the will of our citizens; now, therefore, be it

Resolved by the House of Representatives, That we urge the United States Supreme Court to uphold the constitutionality of the Pledge of Allegiance with the phrase "under God" and permit its recitation in classrooms; and be it further

Resolved, That copies of this resolution be transmitted to the United States Supreme Court.

The resolution was referred to the Committee on Government Operations.

Reports of Standing Committees

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

House Bill No. 5107, entitled

A bill to amend 1951 PA 51, entitled "An act to provide for the classification of all public roads, streets, and highways in this state, and for the revision of that classification and for additions to and deletions from each classification; to set up and establish the Michigan transportation fund; to provide for the deposits in the Michigan transportation fund of specific taxes on motor vehicles and motor vehicle fuels; to provide for the allocation of funds from the Michigan transportation fund and the use and administration of the fund for transportation purposes; to set up and establish the truck safety fund; to provide for the allocation of funds from the truck safety fund and administration of the fund for truck safety purposes; to set up and establish the Michigan truck safety commission; to establish certain standards for road contracts for certain businesses; to provide for the continuing review of transportation needs within the state; to authorize the state transportation commission, counties, cities, and villages to borrow money, issue bonds, and make pledges of funds for transportation purposes; to authorize counties to advance funds for the payment of deficiencies necessary for the payment of bonds issued under this act; to provide for the limitations, payment, retirement, and security of the bonds and pledges; to provide for appropriations and tax levies by counties and townships for county roads; to authorize contributions by townships for county roads; to provide for the establishment and administration of the state trunk line fund, critical bridge fund, comprehensive transportation fund, and certain other funds; to provide for the deposits in the state trunk line fund, critical bridge fund, comprehensive transportation fund, and certain other funds of money raised by specific taxes and fees; to provide for definitions of public transportation functions and criteria; to define the purposes for which Michigan transportation funds may be allocated; to provide for Michigan transportation fund grants; to provide for review and approval of transportation programs; to provide for submission of annual legislative requests and reports; to provide for the establishment and functions of certain advisory entities; to provide for conditions for grants; to provide for the issuance of bonds and notes for transportation purposes; to provide for the powers and duties of certain state and local agencies and officials; to provide for the making of loans for transportation purposes by the state transportation department and for the receipt and repayment by local units and agencies of those loans from certain specified sources; and to repeal acts and parts of acts," by amending section 1c (MCL 247.651c), as amended by 1982 PA 438.

Without amendment and with the recommendation that the bill pass.

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

Favorable Roll Call

To Report Out:

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

Nays: None

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Wednesday, October 29, 2003, at 4:07 p.m.

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

Absent: Reps. Ehardt and Milosch

Excused: Reps. Ehardt and Milosch

The Committee on Employment Relations, Training and Safety, by Rep. Drolet, Chair, reported

House Bill No. 5190, entitled

A bill to consolidate certain state human resource operations in the department of civil service; to create certain offices; and to impose certain duties and responsibilities on certain state officials and employees.

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

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

Favorable Roll Call

To Report Out:

Yeas: Reps. Drolet, Middaugh, Pappageorge, Huizenga, LaJoy and Van Regenmorter

Nays: Reps. Minore and Dennis

COMMITTEE ATTENDANCE REPORT

The following report, submitted by Rep. Drolet, Chair of the Committee on Employment Relations, Training and Safety, was received and read:

Meeting held on: Wednesday, October 29, 2003, at 4:05 p.m.

Present: Reps. Drolet, Middaugh, Pappageorge, Huizenga, LaJoy, Van Regenmorter, Minore and Dennis

Absent: Rep. Bieda

Excused: Rep. Bieda

The Committee on Appropriations, by Rep. Shulman, Chair, reported

House Resolution No. 135.

A resolution to memorialize the Congress of the United States to enact legislation to provide Michigan a more equitable share of federal transit funding and increased funding for bus projects.

(For text of resolution, see House Journal No. 70, p. 1798.)

With the recommendation that the resolution be adopted.

The Speaker announced that under Rule 77 the resolution would lie over one day.

Favorable Roll Call

To Report Out:

Yeas: Reps. Shulman, Emmons, Caul, Pumford, Shackleton, Kooiman, Newell, Stewart, Acciavatti, Amos, Caswell, Farhat, Hoogendyk, Moolenaar, Pastor, Shaffer, Steil, Taub, Walker, Brandenburg, Mortimer, Whitmer, Brown, Kolb, Phillips, Plakas, Reeves, Williams, Cheeks, Paletko, Sak and Zelenko

Nays: None

The Committee on Appropriations, by Rep. Shulman, Chair, reported

Senate Concurrent Resolution No. 36.

A concurrent resolution to create a family resource center curriculum joint study committee to make recommendations on adult education and related family services in Michigan.

(For text of concurrent resolution, see House Journal No. 74, p. 1896.)

With the recommendation that the concurrent resolution be adopted.

The Speaker announced that under Rule 77 the concurrent resolution would lie over one day.

Favorable Roll Call

To Report Out:

Yeas: Reps. Shulman, Emmons, Caul, Pumford, Shackleton, Kooiman, Newell, Stewart, Acciavatti, Amos, Caswell, Farhat, Hoogendyk, Moolenaar, Pastor, Shaffer, Steil, Taub, Walker, Brandenburg, Mortimer, Whitmer, Brown, Kolb, Plakas, Reeves, Williams, Cheeks, Paletko and Zelenko

Nays: Rep. Sak

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Thursday, October 30, 2003, at 9:30 a.m.

Present: Reps. Shulman, Emmons, Caul, Pumford, Shackleton, Kooiman, Newell, Stewart, Acciavatti, Amos, Caswell, Farhat, Hoogendyk, Moolenaar, Pastor, Shaffer, Steil, Taub, Walker, Brandenburg, Mortimer, Whitmer, Brown, Kolb, Phillips, Plakas, Reeves, Williams, Cheeks, Paletko, Sak and Zelenko

Absent: Rep. Hunter

Excused: Rep. Hunter

COMMITTEE ATTENDANCE REPORT

The following report, submitted by Rep. Woronchak, Chair of the Committee on Senior Health, Security and Retirement, was received and read:

Meeting held on: Thursday, October 30, 2003, at 9:00 a.m.

Present: Reps. Woronchak, Rocca, Vander Veen, Stallworth, Vagnozzi and Zelenko

Absent: Reps. Mortimer, Pappageorge and Tabor

Excused: Reps. Mortimer, Pappageorge and Tabor

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, October 30, 2003, at 9:00 a.m.

Present: Reps. Voorhees, Hart, Stakoe and Hood

Absent: Reps. LaSata, Dennis and Smith

Excused: Reps. LaSata, Dennis and Smith

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Thursday, October 30, 2003, at 8:30 a.m.

Present: Reps. Koetje, Drolet, Howell, Tobocman and Lipsey

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Thursday, October 30, 2003, at 8:30 a.m.

Present: Reps. Nofs, Garfield, Richardville, Pappageorge, Woronchak, Casperson, Woodward, Spade and Elkins

Absent: Reps. Ruth Johnson and Sheltrown

Excused: Reps. Ruth Johnson and Sheltrown

Announcement by the Clerk of Printing and Enrollment

The Clerk announced that the following bill had been printed and placed upon the files of the members on Tuesday, October 28:

Senate Bill No. 803

The Clerk announced that the following Senate bills had been received on Thursday, October 30:

Senate Bill Nos. 275 612 771

By unanimous consent the House returned to the order of

Messages from the Senate

House Bill No. 4714, entitled

A bill to amend 1976 PA 451, entitled "The revised school code," by amending section 1525 (MCL 380.1525), as amended by 1995 PA 289.

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. 4872, entitled

A bill to amend 1992 PA 147, entitled "Neighborhood enterprise zone act," by amending section 4 (MCL 207.774), as amended by 2002 PA 608.

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. 4907, entitled

A bill to amend 1956 PA 218, entitled "The insurance code of 1956," by amending section 602 (MCL 500.602), as amended by 1989 PA 35, and by adding section 603.

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

The Senate has passed the bill as substituted (S-1), ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title.

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

Senate Bill No. 275, entitled

A bill to amend 1996 PA 376, entitled "Michigan renaissance zone act," by amending section 6 (MCL 125.2686), as amended by 2003 PA 93.

The Senate has passed the bill.

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

Senate Bill No. 612, entitled

A bill to amend 1939 PA 3, entitled "An act to provide for the regulation and control of public utilities and other services affected with a public interest within this state; to provide for alternative energy suppliers; to provide for licensing; to include municipally owned utilities and other providers of energy under certain provisions of this act; to create a public service commission and to prescribe and define its powers and duties; to abolish the Michigan public utilities commission and to confer the powers and duties vested by law on the public service commission; to provide for the continuance, transfer, and completion of certain matters and proceedings; to abolish automatic adjustment clauses; to prohibit certain rate increases without notice and hearing; to qualify residential energy conservation programs permitted under state law for certain federal exemption; to create a fund; to provide for a restructuring of the manner in which energy is provided in this state; to encourage the utilization of resource recovery facilities; to prohibit certain acts and practices of providers of energy; to allow for the securitization of stranded costs; to reduce rates; to provide for appeals; to provide appropriations; to declare the effect and purpose of this act; to prescribe remedies and penalties; and to repeal acts and parts of acts," by amending section 10a (MCL 460.10a), as added by 2000 PA 141.

The Senate has passed the bill.

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

Senate Bill No. 771, entitled

A bill to amend 1990 PA 72, entitled "Local government fiscal responsibility act," by amending section 21 (MCL 141.1221), as amended by 2002 PA 408.

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.

Introduction of Bills

Reps. Stewart, Hart and Pumford introduced

House Bill No. 5212, entitled

A bill to amend 1999 PA 94, entitled "Michigan merit award scholarship act," by amending section 7 (MCL 390.1457), as amended by 2002 PA 736.

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

Reps. Caswell, Milosch, Palsrok, Sheltrown, DeRossett, Bisbee, Vander Veen, O'Neil, Condino, Shackleton, Richardville and Farhat introduced

House Bill No. 5213, entitled

A bill to amend 1978 PA 368, entitled "Public health code," by amending section 22224a (MCL 333.22224a), as added by 2002 PA 619.

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

Reps. Drolet, DeRoche, Middaugh, Bradstreet, Howell, Ruth Johnson, Rocca, Brandenburg, Palsrok, Hoogendyk, Sheen, Milosch, Hummel, Acciavatti, Vander Veen, Voorhees, Robertson, Casperson, Stakoe, Stahl, Tabor, Nitz, Caswell, Palmer, Ward, Kooiman, Huizenga and Bisbee introduced

House Bill No. 5214, entitled

A bill to amend 1954 PA 116, entitled "Michigan election law," by amending section 482 (MCL 168.482), as amended by 1998 PA 142.

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

Reps. Rivet, Kolb, McConico, Accavitti, Hunter, Elkins, Farrah, Plakas, Smith, Condino, Gleason, Wojno, Paletko, Bieda, O'Neil, Gillard, Law, Anderson, Byrum, Murphy, Hopgood, Williams, Clack, Minore, Spade, Vagnozzi, Phillips, Cheeks, Tobocman, Reeves, Jamnick, Zelenko, Lipsey, Whitmer, Sak, Brown, Adamini, Hardman and Daniels introduced

House Bill No. 5215, entitled

A bill to amend 1975 PA 228, entitled "Single business tax act," by amending sections 37c, 37d, and 38g (MCL 208.37c, 208.37d, and 208.38g), section 37c as amended by 2000 PA 429, section 37d as amended by 1999 PA 100, and section 38g as amended by 2002 PA 726.

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

Reps. Tobocman, McConico, Daniels and Gaffney introduced

House Bill No. 5216, entitled

A bill to amend 1909 PA 279, entitled "The home rule city act," by amending section 4l (MCL 117.4l), as amended by 1996 PA 44, and by adding section 4q.