No. 21
STATE OF MICHIGAN
JOURNAL
OF THE
House of Representatives
92nd Legislature
REGULAR SESSION OF 2004
House Chamber, Lansing, Thursday, March 11, 2004.
10:00 a.m.
The House was called to order by the Speaker Pro Tempore.
The roll was called by the Clerk of the House of Representatives, who announced that a quorum was present.
Accavitti--present Garfield--excused Meisner--present Sheen--present
Acciavatti--present Gieleghem--present Meyer--present Sheltrown--present
Adamini--present Gillard--present Middaugh--present Shulman--present
Amos--present Gleason--present Milosch--present Smith--present
Anderson--present Hager--present Minore--excused Spade--present
Bieda--present Hardman--excused Moolenaar--present Stahl--present
Bisbee--present Hart--present Mortimer--present Stakoe--present
Bradstreet--present Hood--present Murphy--present Stallworth--present
Brandenburg--present Hoogendyk--present Newell--present Steil--present
Brown--present Hopgood--present Nitz--present Stewart--present
Byrum--present Howell--present Nofs--present Tabor--present
Casperson--present Huizenga--present O'Neil--present Taub--present
Caswell--present Hummel--present Palmer--present Tobocman--present
Caul--present Hune--present Palsrok--present Vagnozzi--present
Cheeks--present Hunter--e/d/s Pappageorge--present Van Regenmorter--present
Clack--excused Jamnick--present Pastor--present Vander Veen--present
Condino--present Johnson, Rick--excused Phillips--excused Voorhees--present
Daniels--present Johnson, Ruth--present Plakas--present Walker--present
Dennis--present Julian--present Pumford--present Ward--present
DeRoche--present Koetje--present Reeves--excused Waters--present
DeRossett--present Kolb--present Richardville--present Wenke--present
Drolet--present Kooiman--present Rivet--present Whitmer--present
Ehardt--present LaJoy--present Robertson--present Williams--present
Elkins--present LaSata--present Rocca--present Wojno--present
Emmons--present Law--present Sak--present Woodward--present
Farhat--present Lipsey--present Shackleton--present Woronchak--present
Farrah--present McConico--present Shaffer--present Zelenko--present
Gaffney--present
e/d/s = entered during session
Rep. Larry Julian, from the 85th District, offered the following invocation:
"Heavenly Father, we thank You for Your guidance that You provide for us each and every day. We ask that You watch over this chamber today as we deliberate issues important to all of our residents in this state. We thank You for all the blessings that You have bestowed upon us, and that You will continue to take care of us and all of those who protect us. We ask all this guidance in Your son Jesus' name. Amen."
______
Rep. Palmer moved that Reps. Garfield and Rick Johnson be excused from today's session.
The motion prevailed.
Rep. Waters moved that Reps. Minore and Phillips be excused from today's session.
The motion prevailed.
Second Reading of Bills
Senate Bill No. 337, entitled
A bill to amend 1917 PA 167, entitled "Housing law of Michigan," (MCL 125.401 to 125.543) by adding section 82a.
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
Senate Bill No. 337, entitled
A bill to amend 1917 PA 167, entitled "Housing law of Michigan," (MCL 125.401 to 125.543) by adding section 82a.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 106 Yeas--99
Accavitti Gaffney Meyer Shulman
Acciavatti Gieleghem Middaugh Spade
Adamini Gillard Milosch Stahl
Amos Gleason Moolenaar Stakoe
Anderson Hager Mortimer Stallworth
Bieda Hart Murphy Steil
Bisbee Hood Newell Stewart
Bradstreet Hoogendyk Nitz Tabor
Brandenburg Hopgood Nofs Taub
Brown Howell O'Neil Tobocman
Byrum Huizenga Palmer Vagnozzi
Casperson Hummel Palsrok Van Regenmorter
Caswell Hune Pappageorge Vander Veen
Caul Jamnick Pastor Voorhees
Cheeks Johnson, Ruth Plakas Walker
Condino Julian Pumford Ward
Daniels Koetje Richardville Waters
Dennis Kolb Rivet Wenke
DeRoche Kooiman Robertson Whitmer
DeRossett LaJoy Rocca Williams
Ehardt LaSata Sak Wojno
Elkins Law Shackleton Woodward
Emmons Lipsey Shaffer Woronchak
Farhat McConico Sheen Zelenko
Farrah Meisner Sheltrown
Nays--2
Drolet Smith
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 promote the health, safety and welfare of the people by regulating the maintenance, alteration, health, safety, and improvement of dwellings; to define the classes of dwellings affected by the act, and to establish administrative requirements; to prescribe procedures for the maintenance, improvement, or demolition of certain commercial buildings; to establish remedies; to provide for enforcement; to provide for the demolition of certain dwellings; and to fix penalties for the violation 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.
By unanimous consent the House returned to the order of
Messages from the Senate
The Speaker laid before the House
House Bill No. 5440, entitled
A bill to amend 1975 PA 228, entitled "Single business tax act," by amending section 80 (MCL 208.80), as added by 1985 PA 139.
(The bill was received from the Senate on March 9, with an amendment and full title inserted, consideration of which, under the rules, was postponed until March 10, see House Journal No. 19, p. 300.)
The question being on concurring in the amendment made to the bill by the Senate,
The amendment was concurred in, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 107 Yeas--101
Accavitti Gaffney Meyer Shulman
Acciavatti Gieleghem Middaugh Smith
Adamini Gillard Milosch Spade
Amos Gleason Moolenaar Stahl
Anderson Hager Mortimer Stakoe
Bieda Hart Murphy Stallworth
Bisbee Hood Newell Steil
Bradstreet Hoogendyk Nitz Stewart
Brandenburg Hopgood Nofs Tabor
Brown Howell O'Neil Taub
Byrum Huizenga Palmer Tobocman
Casperson Hummel Palsrok Vagnozzi
Caswell Hune Pappageorge Van Regenmorter
Caul Jamnick Pastor Vander Veen
Cheeks Johnson, Ruth Plakas Voorhees
Condino Julian Pumford Walker
Daniels Koetje Richardville Ward
Dennis Kolb Rivet Waters
DeRoche Kooiman Robertson Wenke
DeRossett LaJoy Rocca Whitmer
Drolet LaSata Sak Williams
Ehardt Law Shackleton Wojno
Elkins Lipsey Shaffer Woodward
Emmons McConico Sheen Woronchak
Farhat Meisner Sheltrown Zelenko
Farrah
Nays--0
In The Chair: Julian
The House agreed to the full title of the bill.
The bill was referred to the Clerk for enrollment printing and presentation to the Governor.
______
Rep. Hunter entered the House Chambers.
Rep. Nitz moved that Rep. Ruth Johnson be excused temporarily from today's session.
The motion prevailed.
The Speaker laid before the House
House Bill No. 5434, entitled
A bill to amend 1967 PA 281, entitled "Income tax act of 1967," by amending section 471 (MCL 206.471), as amended by 2002 PA 486.
(The bill was received from the Senate on March 9, with an amendment and full title inserted, consideration of which, under the rules, was postponed until March 10, see House Journal No. 19, p. 300.)
The question being on concurring in the amendment made to the bill by the Senate,
The amendment was concurred in, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 108 Yeas--101
Accavitti Gaffney Meyer Shulman
Acciavatti Gieleghem Middaugh Smith
Adamini Gillard Milosch Spade
Amos Gleason Moolenaar Stahl
Anderson Hager Mortimer Stakoe
Bieda Hart Murphy Stallworth
Bisbee Hood Newell Steil
Bradstreet Hoogendyk Nitz Stewart
Brandenburg Hopgood Nofs Tabor
Brown Howell O'Neil Taub
Byrum Huizenga Palmer Tobocman
Casperson Hummel Palsrok Vagnozzi
Caswell Hune Pappageorge Van Regenmorter
Caul Hunter Pastor Vander Veen
Cheeks Jamnick Plakas Voorhees
Condino Julian Pumford Walker
Daniels Koetje Richardville Ward
Dennis Kolb Rivet Waters
DeRoche Kooiman Robertson Wenke
DeRossett LaJoy Rocca Whitmer
Drolet LaSata Sak Williams
Ehardt Law Shackleton Wojno
Elkins Lipsey Shaffer Woodward
Emmons McConico Sheen Woronchak
Farhat Meisner Sheltrown Zelenko
Farrah
Nays--0
In The Chair: Julian
The House agreed to the full title of the bill.
The bill was referred to the Clerk for enrollment printing and presentation to the Governor.
Second Reading of Bills
House Bill No. 4649, entitled
A bill to amend 1893 PA 206, entitled "The general property tax act," (MCL 211.1 to 211.157) by adding section 7gg.
Was read a second time, and the question being on the adoption of the proposed substitute (H-4) previously recommended by the Committee on Tax Policy,
Rep. Richardville moved that consideration of the bill be postponed temporarily.
The motion prevailed.
By unanimous consent the House returned to the order of
Third Reading of Bills
Senate Bill No. 350, entitled
A bill to amend 1954 PA 116, entitled "Michigan election law," by amending sections 666 and 668 (MCL 168.666 and 168.668) and by adding section 668a.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 109 Yeas--102
Accavitti Gaffney Meyer Shulman
Acciavatti Gieleghem Middaugh Smith
Adamini Gillard Milosch Spade
Amos Gleason Moolenaar Stahl
Anderson Hager Mortimer Stakoe
Bieda Hart Murphy Stallworth
Bisbee Hood Newell Steil
Bradstreet Hoogendyk Nitz Stewart
Brandenburg Hopgood Nofs Tabor
Brown Howell O'Neil Taub
Byrum Huizenga Palmer Tobocman
Casperson Hummel Palsrok Vagnozzi
Caswell Hune Pappageorge Van Regenmorter
Caul Hunter Pastor Vander Veen
Cheeks Jamnick Plakas Voorhees
Condino Johnson, Ruth Pumford Walker
Daniels Julian Richardville Ward
Dennis Koetje Rivet Waters
DeRoche Kolb Robertson Wenke
DeRossett Kooiman Rocca Whitmer
Drolet LaJoy Sak Williams
Ehardt LaSata Shackleton Wojno
Elkins Law Shaffer Woodward
Emmons Lipsey Sheen Woronchak
Farhat McConico Sheltrown Zelenko
Farrah Meisner
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 reorganize, consolidate, and add to the election laws; to provide for election officials and prescribe their powers and duties; to prescribe the powers and duties of certain state departments, state agencies, and state and local officials and employees; to provide for the nomination and election of candidates for public office; to provide for the resignation, removal, and recall of certain public officers; to provide for the filling of vacancies in public office; to provide for and regulate primaries and elections; to provide for the purity of elections; to guard against the abuse of the elective franchise; to define violations of this act; to provide appropriations; to prescribe penalties and provide remedies; and to repeal certain acts and all other acts inconsistent with 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.
Senate Bill No. 432, entitled
A bill to amend 1954 PA 116, entitled "Michigan election law," by amending sections 73, 283, 393, 499, 509m, 509n, 509t, 509aa, 686, 735, 795, 798c, 799a, 803, and 842 (MCL 168.73, 168.283, 168.393, 168.499, 168.509m, 168.509n, 168.509t, 168.509aa, 168.686, 168.735, 168.795, 168.798c, 168.799a, 168.803, and 168.842), sections 73, 283, 393, 509n, and 686 as amended by 1999 PA 216, section 499 as amended by 1995 PA 213, sections 509m and 509aa as added by 1994 PA 441, section 509t as amended by 1998 PA 21, section 795 as amended by 2002 PA 91, section 798c as amended by 1990 PA 109, and sections 799a and 803 as amended by 1997 PA 137, and by adding sections 18, 523a, 813, and 829; and to repeal acts and parts of acts.
The bill was read a third time.
The question being on the passage of the bill,
Rep. Ward moved to substitute (H-5) the bill.
The motion was seconded and the substitute (H-5) was adopted, a majority of the members serving voting therefor.
The question being on the passage of the bill,
Rep. Gleason moved to amend the bill as follows:
1. Amend page 18, line 3, after "section" by inserting "is accessible and".
2. Amend page 18, following line 6, by inserting:
"(6) As used in this section, "accessible" means the removal or modification of policies, practices, and procedures that deny an individual with a disability the opportunity to vote, including the removal of physical barriers as identified in section 261(b) of the help America vote act of 2002, 42 USC 15421, so as to ensure individuals with disabilities the opportunity to participate in elections in this state.".
The motion was seconded and the amendments were adopted, a majority of the members serving voting therefor.
Rep. Hune moved that Rep. DeRoche be excused temporarily from today's session.
The motion prevailed.
The question being on the passage of the bill,
Rep. Jamnick moved to amend the bill as follows:
1. Amend page 19, following line 12, by inserting:
"Sec. 758. (1) For the purposes ofAs used in this act, subject to subsection (2), "absent voter" means 1 of the following:
(a) In a federal or statewide election, a qualified and registered elector who meets 1 or more of the following requirements:
(i)(a) On account of physical disability, cannot without another's assistance attend the polls on the day of an election.
(ii)(b) On account of the tenets of his or her religion, cannot attend the polls on the day of election.
(iii)(c) Cannot attend the polls on the day of an election in the precinct in which he or she resides because of being an election precinct inspector in another precinct.
(iv)(d) Is 60 years of age or older.
(v)(e) Is absent or expects to be absent from the township or city in which he or she resides during the entire period the polls are open for voting on the day of an election.
(vi)(f) Cannot attend the polls on election day because of being confined in jail awaiting arraignment or trial.
(b) In an election that is not a federal or statewide election, a qualified and registered elector who votes without attending the polls on the day of an election.
(2) Subsection (1) does not apply toAbsent voter does not include a person who has moved outside of this state, regardless of length of his or her residence outside of this state, and who no longer maintains an actual residence in this state. The storage of personal effects or household goods, the ownership of property that is rented or leased to others, or occasional brief visits to a former domicile in this state while residing outside of this state for most of the year does not constitute a residence for voting purposes in this state, except for each of the following:
(a) A person described in section 1 of article II of the state constitution of 1963 and statutes enacted under that section.
(b) A person described in section 759a.
Sec. 759. (1) At any time during the 75 days before a primary election or special primary election, but not later than 2 p.m. of the Saturday immediately before the primary election or special primary election, an elector who qualifiesmeets the requirements to vote as an absent voter , as defined in section 758, may apply for an absent voter ballot. The elector shall apply in person or by mail with the clerk of the township, city, or village in which the elector is registered. An application received before a primary election or special primary election may be for either that primary election only, or for that primary election and the election that follows.
(2) Except as otherwise provided in subsection (1), at anytime during the 75 days before an election, but not later than 2 p.m. of the Saturday before the election, an elector who qualifiesmeets the requirements to vote as an absent voter , as defined in section 758, may apply for an absent voter ballot. The elector shall apply in person or by mail with the clerk of the township, city, or village in which the voter is registered.
(3) An application for an absent voter ballot under this section may be made in any of the following ways:
(a) By a written request signed by the voter statingelector. If the ballot is for a federal or statewide election, the request shall state the statutory grounds for making the application.
(b) On an absent voter ballot application form provided for that purpose by the clerk of the city, township, or village.
(c) On a federal postcard application.
(4) An applicant for an absent voter ballot shall sign the application. A clerk or assistant clerk shall not deliver an absent voter ballot to an applicant who does not sign the application. A person otherOther than the applicant; a member of the applicant's immediate family; a person residing in the applicant's household; a person whose job normally includes the handling of mail, but only during the course of his or her employment; a registered elector requested by the applicant to return the application; or a clerk, assistant of the clerk, or other authorized election official, a person shall not be in possession of a signed absent voter ballot application. A registered elector who is requested by the applicant to return his or her absent voter ballot application shall sign the certificate on the absent voter ballot application.
(5) The clerk of the city, township, or village shall have absent voter ballot application forms available in the office of the clerk at all times and shall furnish an absent voter ballot application form to anyone upon a verbal or written request. The absent voter ballot application shall be in substantially 1 of the following formforms:
(a) For a federal or statewide election:
"Application for absent voter ballot for:
[ ] The primary election or special primary election to be held on .......... , 19.. ______ [date].
[ ] The election to be held on .......... , 19.. _____ [date].
(Check applicable election or elections)
I, ............................... , a qualified and registered elector of the .......................... precinct of the township of ...................... or village of ........................... or of the .......................... ward of the city of ................ , in the county of ..................................... and state of Michigan, apply for an official ballot, or ballots, to be voted by me at the election or elections as requested in this application.
The statutory grounds on which I base my request are:
[ ] I expect to be absent from the community in which I am registered for the entire time the polls are open on election day.
[ ] I am physically unable to attend the polls without the assistance of another.
[ ] I cannot attend the polls because of the tenets of my religion.
[ ] I have been appointed an election precinct inspector in a precinct other than the precinct where I reside.
[ ] I am 60 years of age or older.
[ ] I cannot attend the polls because I am confined to jail awaiting arraignment or trial.
(Check applicable reason)
Send absent voter ballot to me at:
......................................................
(Street No. or R.R.)
......................................................................................................
(Post Office) (State) (Zip Code)
My registered address.....................................................................
(Street No. or R.R.)
.................................................................................
(Post Office) (State) (Zip Code)
Date.............................................................
I declarecertify that the statements in this absent voter ballot application are true.
................................
(Signature)
WARNING
A person making a false statement in this absent voter ballot application is guilty of a misdemeanor. It is a violation of Michigan election law for a person other than those listed in the instructions to return, offer to return, agree to return, or solicit to return your absent voter ballot application to the clerk. An assistant authorized by the clerk who receives absent voter ballot applications at a location other than the office of the clerk must have credentials signed by the clerk. Ask to see his or her credentials before entrusting your application with a person claiming to have the clerk's authorization to return your application.
Certificate of Authorized Registered
Elector Returning Absent Voter
Ballot Application
I certify that my name is ...................., my address is ...................., and my date of birth is ............; that I am delivering the absent voter ballot application of .................... at his or her request; that I did not solicit or request to return the application; that I have not made any markings on the application; that I have not altered the application in anyway; that I have not influenced the applicant; and that I am aware that a false statement in this certificate is a violation of Michigan election law.
_________________ _________________________
(Date) (Signature)"
(b) For an election that is not a federal or statewide election:
"Application for absent voter ballot for:
[] The primary election or special primary election to be held on ___________________ [date].
[] The election to be held on _________________ [date].
(Check applicable election or elections)
I, .................................... , a qualified and registered elector of the ........... precinct of the township of ....................... or village of ................................. or of the .............. ward of the city of ............. , in the county of ....................... and state of Michigan, apply for an official ballot, or ballots, to be voted by me at the election or elections as requested in this application.
Send absent voter ballot to me at:
............................................................
(Street No. or R.R.)
.......................................................................................
(Post Office) (State) (Zip Code)
My registered address..........................................................................
(Street No. or R.R.)
...............................................................................................
(Post Office) (State) (Zip Code)
Date.......................................................
I certify that the statements in this absent voter ballot application are true.
...............................................................
(Signature)
WARNING
A person making a false statement in this absent voter ballot application is guilty of a misdemeanor. It is a violation of Michigan election law for a person other than those listed in the instructions to return, offer to return, agree to return, or solicit to return your absent voter ballot application to the clerk. An assistant authorized by the clerk who receives absent voter ballot applications at a location other than the office of the clerk must have credentials signed by the clerk. Ask to see his or her credentials before entrusting your application with a person claiming to have the clerk's authorization to return your application.
Certificate of Authorized Registered
Elector Returning Absent Voter
Ballot Application
I certify that my name is ...................., my address is ...................., and my date of birth is ............; that I am delivering the absent voter ballot application of ......................... at his or her request; that I did not solicit or request to return the application; that I have not made any markings on the application; that I have not altered the application in any way; that I have not influenced the applicant; and that I am aware that a false statement in this certificate is a violation of Michigan election law.
__________ ______________________________
(Date) (Signature)"
(6) The following instructions for an applicant for an absent voter ballot shall be included with each application furnished an applicant:
INSTRUCTIONS FOR APPLICANTS FOR ABSENT VOTER BALLOTS
Step 1. After completely filling out the application, sign and date the application in the place designated. Your signature must appear on the application or you will not receive an absent voter ballot.
Step 2. Deliver the application by 1 of the following methods:
(a) Place the application in an envelope addressed to the appropriate clerk and place the necessary postage upon the return envelope and deposit it in the United States mail or with another public postal service, express mail service, parcel post service, or common carrier.
(b) Deliver the application personally to the office of the clerk, to the clerk, or to an authorized assistant of the clerk.
(c) In either (a) or (b), a member of the immediate family of the voter including a father-in-law, mother-in-law, brother-in-law, sister-in-law, son-in-law, daughter-in-law, grandparent, or grandchild or a person residing in the voter's household may mail or deliver the application to the clerk for the applicant.
(d) In the eventIf an applicant cannot return the application in any of the above methods, the applicant may select any registered elector to return the application. The person returning the application must sign and return the certificate at the bottom of the application.
(7) A person who prints and distributes absent voter ballot applications shall print on the application the warning, certificate of authorized registered elector returning absent voter ballot application, and instructions required by this section.
(8) A person who makes a false statement in an absent voter ballot application is guilty of a misdemeanor. A person who forges a signature on an absent voter ballot application is guilty of a felony. A person who is not authorized in this act and who both distributes absent voter ballot applications to absent voters and returns those absent voter ballot applications to a clerk or assistant of the clerk is guilty of a misdemeanor.
Sec. 759b. (1) Any registered elector may apply for an absent voter ballotsballot for a federal or statewide election at any time prior to 4 p.m. on election day if he shall haveor she has become physically disabled or shallwill be absent from the city or township because of sickness or death in the family whichthat has occurred at a time which has made it impossible to apply for an absent voter ballotsballot by the statutory deadline. The application shall be called an emergency absent voter application.A registered elector may apply for an absent voter ballot for an election that is not a federal or statewide election at any time before 4 p.m. on election day if an event has occurred at a time that made it impossible to apply for an absent voter ballot by the statutory deadline.
(2)EmergencyAn emergency absent voter applicationsapplication may be made by letter or on a form prescribed by the secretary of state and provided by the clerk. The application shall set forth that the voter is qualified to vote in the election , statingand shall state 1 of the following:
(a) For a federal or statewide election ballot, the statutory reason for applying for an emergency absent voter ballot and that the reason for applying after the statutory deadline occurred at such a time to make it impossible to file an application for absent voter ballots by the statutory deadline.
(b) For a ballot for an election that is not a federal or statewide election, that an event occurred at such a time to make it impossible to file an application for an absent voter ballot by the statutory deadline. The secretary of state shall prescribe standard emergency absent voter ballot application forms, including the size of the forms and the color of paper upon which the forms are printed.
(4)AnyA person intentionally making a false statement in suchan emergency absent voter ballot application is guilty of a felony. AnyA person aiding or abetting anyanother person to make a false statement on suchin an emergency absent voter ballot application is guilty of a felony.
(5) Upon receipt by the clerk of a valid application for an emergency absent voter ballot, the clerk may deliver the ballotsabsent voter ballot to the applicant in person, through a deputy or an election assistant, or he may deliver them at his or her office to a person named by the applicant in the emergency absent voter ballot application. The absent voter may return the ballots to the clerk in the sealed envelope provided therefor in any manner.he sees fit. ToHowever, to be valid, ballots must be returnedthe absent voter must return the absent voter ballot to the clerk in the sealed envelope provided for that purpose and in time to be delivered to the polls prior tobefore 8 p.m. on election day.
(6) As used in this section, "emergency absent voter application" means an application for an absent voter ballot under subsection (1).".
2. Amend page 29, following line 13, by inserting:
"Enacting section 2. Sections 758, 759, and 759b of the Michigan election law, 1954 PA 116, MCL 168.758, 168.759, and 168.759b, as amended by this amendatory act, take effect July 1, 2005.".
The question being on the seconding of the motion made by Rep. Jamnick,
Rep. Jamnick demanded the yeas and nays.
The demand was supported.
The question being on the seconding of the motion made by Rep. Jamnick,
The motion did not prevail, a majority of the members present not voting therefor, by yeas and nays, as follows:
Roll Call No. 110 Yeas--41
Accavitti Farrah Lipsey Spade
Adamini Gieleghem McConico Stallworth
Anderson Gillard Meisner Tobocman
Bieda Gleason Murphy Vagnozzi
Brown Hood O'Neil Waters
Byrum Hopgood Plakas Whitmer
Cheeks Hunter Rivet Williams
Condino Jamnick Sak Wojno
Daniels Kolb Sheltrown Woodward
Dennis Law Smith Zelenko
Elkins
Nays--53
Acciavatti Howell Mortimer Shulman
Amos Huizenga Newell Stahl
Bisbee Hummel Nitz Stakoe
Bradstreet Hune Nofs Steil
Brandenburg Johnson, Ruth Palmer Stewart
Casperson Julian Palsrok Tabor
Caswell Koetje Pappageorge Taub
Caul Kooiman Pastor Vander Veen
Drolet LaJoy Robertson Voorhees
Ehardt LaSata Rocca Walker
Farhat Middaugh Shackleton Ward
Gaffney Milosch Shaffer Wenke
Hager Moolenaar Sheen Woronchak
Hoogendyk
In The Chair: Julian
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. 111 Yeas--63
Acciavatti Hager Moolenaar Shulman
Amos Hart Mortimer Spade
Bisbee Hoogendyk Newell Stahl
Bradstreet Howell Nitz Stakoe
Brandenburg Huizenga Nofs Steil
Casperson Hummel Palmer Stewart
Caswell Hune Palsrok Tabor
Caul Johnson, Ruth Pappageorge Taub
DeRoche Julian Pastor Van Regenmorter
DeRossett Koetje Pumford Vander Veen
Drolet Kooiman Richardville Voorhees
Ehardt LaJoy Robertson Walker
Emmons LaSata Rocca Ward
Farhat Meyer Shackleton Wenke
Gaffney Middaugh Shaffer Woronchak
Gleason Milosch Sheen
Nays--39
Accavitti Elkins Lipsey Stallworth
Adamini Farrah McConico Tobocman
Anderson Gieleghem Meisner Vagnozzi
Bieda Gillard Murphy Waters
Brown Hood O'Neil Whitmer
Byrum Hopgood Plakas Williams
Cheeks Hunter Rivet Wojno
Condino Jamnick Sak Woodward
Daniels Kolb Sheltrown Zelenko
Dennis Law Smith
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 1954 PA 116, entitled "An act to reorganize, consolidate, and add to the election laws; to provide for election officials and prescribe their powers and duties; to prescribe the powers and duties of certain state departments, state agencies, and state and local officials and employees; to provide for the nomination and election of candidates for public office; to provide for the resignation, removal, and recall of certain public officers; to provide for the filling of vacancies in public office; to provide for and regulate primaries and elections; to provide for the purity of elections; to guard against the abuse of the elective franchise; to define violations of this act; to provide appropriations; to prescribe penalties and provide remedies; and to repeal certain acts and all other acts inconsistent with this act," by amending sections 73, 283, 393, 499, 509m, 509n, 509t, 509aa, 662, 735, 795, 798c, 799a, 803, and 842 (MCL 168.73, 168.283, 168.393, 168.499, 168.509m, 168.509n, 168.509t, 168.509aa, 168.662, 168.735, 168.795, 168.798c, 168.799a, 168.803, and 168.842), sections 73, 283, 393, and 662 as amended by 1999 PA 216, section 499 as amended by 1995 PA 213, sections 509m and 509aa as added by 1994 PA 441, section 509n as amended by 2003 PA 302, section 509t as amended by 1998 PA 21, section 795 as amended by 2002 PA 91, section 798c as amended by 1990 PA 109, and sections 799a and 803 as amended by 1997 PA 137, and by adding sections 18, 523a, 813, and 829; and to repeal acts and parts of acts.
The motion prevailed.
The House agreed to the title as amended.
Rep. Richardville moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
______
Reps. Law, Jamnick, Hopgood, Anderson, Condino, Zelenko and Accavitti, having reserved the right to explain their protest against the passage of the bill, made the following statement:
"Mr. Speaker and members of the House:
I voted no on Senate Bill 432 (H-5) because the bill has little to do with election reform and may actually make it harder for certain persons to vote on election day when they go to the polls and find their name is not on the 'official' list.
The genesis of this legislation was passage on the federal level of the Help America Vote Act, the result of what occurred in Florida in the 2000 federal election. Sadly, SB 432 as passed by the House falls far short of completing this election reform effort.
The passage of Senate Bill 432 has no bearing on whether Michigan would receive federal dollars from the Help America Vote Act (HAVA). The arguments to the contrary are false.
The HAVA bill was passed on the federal level with bi-partisan support. It is odd Republicans in the Michigan Legislature could not see their way to passing a bill in the same manner."
Reps. Byrum and Waters, having reserved the right to explain their protest against the passage of the bill, made the following statement:
"Mr. Speaker and members of the House:
I voted no on Senate Bill 432 (H-5) because the bill has little to do with election reform and may actually make it harder for certain persons to vote on election day when they go to the polls and find their name is not on the 'official' list.
The genesis of this legislation was passage on the federal level of the Help America Vote Act, the result of what occurred in Florida in the 2000 federal election. Sadly, SB 432 as passed by the House falls far short of completing this election reform effort.
The passage of Senate Bill 432 has no bearing on whether Michigan would receive federal dollars from the Help America Vote Act (HAVA). The arguments to the contrary are false.
The HAVA bill was passed on the federal level with bi-partisan support. It is unfortunate that Republicans in the Michigan Legislature could not see their way to passing a bill in the same manner."
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 Senate Bill 432 (H-5) because the bill has little to do with honest election reform. The genesis of this legislation was passage on the federal level of the Help America Vote Act, the result of what occurred in Florida in the 2000 federal election. The Help America Vote Act was passed on the federal level with bi-partisan support. Unfortunately, Senate Bill 432 (H-5) became bogged down in partisan politics, with critical problems resulting. One big problem that I see with this bill is that it will effectively disenfranchise certain voters who go vote on election day and find that their name is not on the 'official' list. As this bill will have no bearing on whether Michigan would receive federal dollars from the Help America Vote Act (HAVA), and the negative impact it will have on an individual's right to vote, I voted no on this bill."
______
Rep. Richardville moved to suspend that portion of Rule 44 requiring bills to be handed to the Clerk three hours prior to calling the House to order.
The motion prevailed, 3/5 of the members present voting therefor.
Rep. Richardville moved that House Committees be given leave to meet during the balance of today's session.
The motion prevailed.
By unanimous consent the House returned to the order of
Motions and Resolutions
Reps. Kooiman, Huizenga, Hart, Van Regenmorter, Stakoe, Koetje, Steil, Rocca, Wenke, Howell, Accavitti, Adamini, Anderson, Brandenburg, Brown, Byrum, Caswell, Condino, Dennis, DeRossett, Emmons, Farrah, Gillard, Gleason, Hager, Hoogendyk, Hopgood, Jamnick, Lipsey, Meyer, Milosch, Newell, Nitz, Pappageorge, Pastor, Richardville, Sak, Sheen, Sheltrown, Shulman, Spade, Stallworth, Stewart, Tabor, Tobocman, Vagnozzi, Vander Veen, Voorhees, Zelenko, Caul, Ehardt, Gieleghem, Kolb, Murphy and Pumford offered the following resolution:
House Resolution No. 214.
A resolution congratulating the 2003 Calvin College Men's Cross Country team on their Division III National Championship.
Whereas, It is an honor and a privilege to extend our congratulations to Calvin College for the athletic and academic accomplishments of the 2003 Calvin College Men's Cross Country team; and
Whereas, This team was led by Division III Cross Country co-coaches of the year Brian Diemer and Al Hoeksta and assistant coaches Robert Hyde and Tim VanHaitsma, all of who greatly contributed to the winning of the 2003 Division III Men's Cross Country National Championship; and
Whereas, Much to the delight of their loyal fans, the 2003 Men's Cross Country team captured their second NCAA Division III National Championship in four years. The incredible success of this team can be attributed to hard work, tremendous depth, great skill, a competitive attitude, and excellent coaching; and
Whereas, At the National Championships in Hanover, Indiana, the Calvin College Knights recorded the second lowest score in Division III National Championship history; and
Whereas, The Knights Cross Country team has also been honored for their academic accomplishments. The team received All-Academic honors by the College Cross Country Coaches Association of America; and
Whereas, What separates good teams from national championships is the hard work and training that occurs in practice, far removed from the excitement of the cross country meet. Today, we admire the efforts, team spirit, and hard work these talented men have put forth in order to win the 2003 Division III Men's Cross Country National Championship; and
Whereas, The talented members of the National Championship team are: Joel Alberts, Tim Avery, Nick Chen, Matt Edwards, Jeff Engbers, Tim Finnegan, David Haagsma, Ben Hammer, Aaron Iverson, Harrison Jorritsma, Hindrik Kok, Kris Koster, Brian Paff, Joel Reasoner, Paul Rollett, Todd Schuster, Andy Yazzie, and Tyler Zwagerman; now, therefore, be it
Resolved by the House of Representatives, That the members of this legislative body congratulate the 2003 Calvin College Men's Cross Country team on their Division III National Championship; and be it further
Resolved, That we recognize the talents and efforts of each of the members of this championship team for their participation in this momentous occasion.
Pending the reference of the resolution to a committee,
Rep. Richardville moved that Rule 77 be suspended and the resolution be considered at this time.
The motion prevailed, 3/5 of the members present voting therefor.
The question being on the adoption of the resolution,
The resolution was adopted.
Reps. Murphy, Accavitti, Adamini, Anderson, Brandenburg, Brown, Byrum, Caswell, Condino, Dennis, DeRossett, Emmons, Farrah, Gillard, Gleason, Hager, Hopgood, Howell, Huizenga, Jamnick, Koetje, Kooiman, Law, Lipsey, Meyer, Milosch, Newell, Nitz, Pappageorge, Pastor, Plakas, Richardville, Rocca, Sak, Sheltrown, Shulman, Spade, Stahl, Stakoe, Stallworth, Stewart, Tabor, Tobocman, Vagnozzi, Vander Veen, Voorhees, Waters, Zelenko, Caul, Ehardt, Gieleghem, Kolb and Pumford offered the following resolution:
House Resolution No. 215.
A resolution to honor the Michigan Clydesdale Association as it celebrates the 125th anniversary of the Clydesdale horse in the United States.
Whereas, The Michigan Clydesdale Association is celebrating the 125th anniversary of the Clydesdale horse in the United States, which was founded by the Clydesdale Breeders of the U.S.A., in Illinois, in 1879. This heavy draft horse was originally bred in Scotland to meet both agricultural and commercial transportation needs; and
Whereas, The Clydesdale has sustained a long-term and prominent position among the draft horse breeds in the United States. "Strength," "agility," and "docility" are the words most often used to describe this beautiful, majestic and flashy, and gentle giant in its white feathery trimmed hues of bay, black, tan, and brown. The mature Clydesdale typically stands between 16 and 19 hands and weighs 1,600 to 2,200 pounds; and
Whereas, The versatility of the Clydesdale is evidenced by the increasing number of equine events in which it is used, including as a team in carriage or wagon hitches in shows and parades, as well as pull competitions. The Clydesdale is gaining prominence under the saddle in pursuits in dressage, hunter jumper, as a trail horse, and for therapeutic riding; and
Whereas, In Michigan, the Clydesdale has played a major role in the Michigan State Fair for the past 100 years. It now maintains a prominent role in the Michigan Great Lakes International Draft Horse Show held annually in East Lansing, Michigan, on the campus of Michigan State University. The show is considered, by most, to be the best and biggest draft horse show in North America; and
Whereas, Michigan currently ranks number two in the nation in total number of members in the Clydesdale Breeders of the U.S.A. with 81 members, several of whom have served as national directors. Also, many members have held leadership roles that have impacted the equine industry in Michigan; and
Whereas, Michigan is continually ranked among the top ten states in new registrations and sales of Clydesdale horses. Michigan owners and their horses have distinguished themselves in national and world-class competitions; now, therefore, be it
Resolved by the House of Representatives, That the members of this legislative body honor the Michigan Clydesdale Association as it celebrates the 125th anniversary of the Clydesdale horse in the United States; and be it further
Resolved, That copies of this resolution be transmitted to the Michigan Clydesdale Association and the Michigan Draft Horse Breeders Association.
Pending the reference of the resolution to a committee,
Rep. Richardville moved that Rule 77 be suspended and the resolution be considered at this time.
The motion prevailed, 3/5 of the members present voting therefor.
The question being on the adoption of the resolution,
The resolution was adopted.
Reps. Shulman, Accavitti, Adamini, Anderson, Brandenburg, Brown, Byrum, Caswell, Dennis, DeRossett, Emmons, Farhat, Farrah, Hager, Hoogendyk, Hopgood, Howell, Huizenga, Jamnick, Koetje, Kooiman, Lipsey, Meyer, Newell, Nitz, Palmer, Pappageorge, Pastor, Richardville, Rocca, Sak, Shaffer, Sheltrown, Spade, Stahl, Stakoe, Stallworth, Stewart, Tobocman, Vagnozzi, Vander Veen, Voorhees, Woronchak, Zelenko, Caul, Ehardt, Gieleghem, Kolb, Murphy and Pumford offered the following resolution:
House Resolution No. 216.
A resolution recognizing the month of April 2004 as Financial Literacy for Youth Month in the state of Michigan.
Whereas, The informed use of credit and other financial products and services benefits individual consumers and promotes economic growth; and
Whereas, Financial literacy encourages greater economic self-sufficiency, higher levels of homeownership, and enhanced retirement security, particularly among low- and moderate- income citizens; and
Whereas, The past decade has seen declining personal savings rates, increased bankruptcy filings, and rising percentages of family income devoted to serving household debt; and
Whereas, Only 26 percent of 13- to 21-year-olds reported that their parents actively taught them how to manage money; and
Whereas, A 2002 study by Jump$tart Coalition for Personal Financial Literacy found that high school seniors know even less about credit cards, retirement funds, insurance, and other personal finance basics than seniors did five years ago; and
Whereas, Personal financial education is essential to ensure that our youths are prepared to manage money, credit, and debt, while also becoming responsible workers, heads of households, investors, entrepreneurs, business leaders, and citizens; now, therefore, be it
Resolved by the House of Representatives, That the members of this legislative body recognize the month of April 2004 as Financial Literacy for Youth Month in the state of Michigan to raise public awareness about the need for increased financial literacy in our schools and among our children. Also, to urge the awareness of the serious problems that are associated with a lack of understanding about personal finances; and be it further
Resolved, That we call on each parent, school, business, community organization, and unit of government to observe the month with appropriate programs and activities.
Pending the reference of the resolution to a committee,
Rep. Richardville moved that Rule 77 be suspended and the resolution be considered at this time.
The motion prevailed, 3/5 of the members present voting therefor.
The question being on the adoption of the resolution,
The resolution was adopted.
Reports of Standing Committees
The Committee on Land Use and Environment, by Rep. LaJoy, Vice-Chair, reported
House Bill No. 5206, entitled
A bill to amend 2000 PA 146, entitled "Obsolete property rehabilitation act," by amending section 2 (MCL 125.2782).
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. LaJoy, Ehardt, DeRossett, Milosch, Nitz, Ward, Farrah, Gieleghem, Dennis and Law
Nays: None
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. LaJoy, Vice-Chair, of the Committee on Land Use and Environment, was received and read:
Meeting held on: Wednesday, March 10, 2004
Present: Reps. LaJoy, Ehardt, DeRossett, Milosch, Nitz, Ward, Farrah, Gieleghem, Dennis and Law
Absent: Rep. Ruth Johnson
Excused: Rep. Ruth Johnson
The Committee on Family and Children Services, by Rep. Hager, Chair, reported
Senate Bill No. 702, entitled
A bill to amend 1939 PA 288, entitled "Probate code of 1939," by amending section 23d of chapter X (MCL 710.23d), as amended by 1996 PA 409.
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. Hager, Stahl, Hart, Vander Veen, Voorhees, Sheen and Elkins
Nays: None
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Hager, Chair, of the Committee on Family and Children Services, was received and read:
Meeting held on: Wednesday, March 10, 2004
Present: Reps. Hager, Stahl, Hart, Vander Veen, Voorhees, Sheen and Elkins
Absent: Reps. Hardman and Clack
Excused: Reps. Hardman and Clack
The Committee on Higher Education, by Rep. Voorhees, Chair, reported
House Bill No. 5455, entitled
A bill to amend 1966 PA 313, entitled "An act to award tuition grants to resident students enrolled in independent nonprofit institutions of higher learning; and to make an appropriation therefor," by amending section 4 (MCL 390.994), as amended by 1980 PA 503.
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: Reps. Dennis, Hood and Smith
The Committee on Higher Education, by Rep. Voorhees, Chair, reported
Senate Bill No. 625, entitled
A bill to amend 1986 PA 102, entitled "An act to establish a grant program for certain part-time, independent students in this state; and to prescribe the powers and duties of certain state agencies and institutions of higher education," by amending section 3 (MCL 390.1283).
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: Reps. Dennis, Hood and Smith
The Committee on Higher Education, by Rep. Voorhees, Chair, reported
Senate Bill No. 626, entitled
A bill to amend 1964 PA 208, entitled "An act to grant scholarships to students enrolled in postsecondary education institutions; and to provide for the administration of the scholarship program," by amending section 7 (MCL 390.977), as amended by 1980 PA 500.
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: Reps. Dennis, Hood and Smith
The Committee on Higher Education, by Rep. Voorhees, Chair, reported
Senate Bill No. 627, entitled
A bill to amend 1976 PA 228, entitled "The legislative merit award program act," by amending section 4 (MCL 390.1304), as amended by 1980 PA 386.
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: Reps. Dennis, Hood and Smith
The Committee on Higher Education, by Rep. Voorhees, Chair, reported
Senate Bill No. 628, entitled
A bill to amend 1986 PA 273, entitled "An act to establish a Michigan educational opportunity grant program for resident qualified students enrolled in eligible public postsecondary schools; and to prescribe the powers and duties of certain state agencies," by amending section 3 (MCL 390.1403).
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: Reps. Dennis, Hood and Smith
The Committee on Higher Education, by Rep. Voorhees, Chair, reported
Senate Bill No. 661, entitled
A bill to amend 1978 PA 105, entitled "An act to provide grants to students enrolled in independent nonprofit institutions of higher learning; and to provide for the promulgation of rules," by amending section 4 (MCL 390.1274).
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: Reps. Dennis, Hood and Smith
The Committee on Higher Education, by Rep. Voorhees, Chair, reported
Senate Bill No. 662, entitled
A bill to amend 1974 PA 75, entitled "An act to provide for payment to approved independent nonprofit institutions of higher education, located within the state, for all earned degrees conferred upon Michigan residents; and to provide for appropriations," by amending section 3 (MCL 390.1023), as amended by 1984 PA 9.
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: Reps. Dennis, Hood and Smith
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, March 11, 2004
Present: Reps. Voorhees, Hart, LaSata, Stakoe, Dennis, Hood and Smith
The Committee on Transportation, by Rep. DeRossett, Chair, reported
House Bill No. 5491, entitled
A bill to amend 2001 PA 142, entitled "Michigan memorial highway act," (MCL 250.1001 to 250.1100) by adding section 1080.
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, DeRoche, Hune, Huizenga, LaJoy, Robertson, Ward, Anderson, Jamnick, Gleason, Tobocman, Adamini, Murphy and Elkins
Nays: None
The Committee on Transportation, by Rep. DeRossett, Chair, reported
House Resolution No. 198.
A resolution to memorialize the Congress of the United States to establish a minimum rate of return of 95 percent of Michigan's federal transportation funding for highway and transit programs.
(For text of resolution, see House Journal No. 11, p. 160.)
With the recommendation that the following substitute (H-1) be adopted and that the resolution then be adopted.
Substitute for House Resolution No. 198.
A resolution to memorialize the Congress of the United States to establish a minimum rate of return of 95 percent of Michigan's federal transportation funding for highway and transit programs.
Whereas, From 1956 to 2001 Michigan residents paid $1.71 billion dollars more in gas tax money to the federal government than they received in return. Only three states have a worse return rate than Michigan for that period; and
Whereas, Michigan faces a difficult task in maintaining a transportation network that meets the many needs of the individuals and businesses of this state. This task is made much more formidable by the continuing inequity of the percentage of funds returned to the state; and
Whereas, The federal road funding act, the Transportation Equity Act of the 21st Century (TEA-21), expired on February 29, 2004; and
Whereas, The House Surface Transportation Extension Act of 2004, signed by President Bush on February 29, 2004, extends highway, safety, transit, and other programs until April 30, 2004; and
Whereas, The United States House of Representatives and the United States Senate each have bills pending to authorize a new funding system for the states; and
Whereas, In 2003, Senate Concurrent Resolution No. 1, House Concurrent Resolution No. 5, and House Resolution No. 9 all memorialized the Congress of the United States to establish a minimum rate of return of 95 percent of Michigan's federal transportation funding for highway and transit programs. As the federal government works on the next budget, it is imperative that this issue be kept before policymakers at every level to achieve this long overdue measure of equity; now, therefore, be it
Resolved by the House of Representatives, That we hereby memorialize the Congress of the United States to establish a minimum return rate of 95 percent of Michigan's federal transportation funding for highway and transit programs to bring greater fairness to the federal funding of transportation needs in Michigan; and be it further
Resolved, That we further memorialize Congress to act before the beginning of the 2004 road construction season; and be it further
Resolved, That copies of this resolution be transmitted to the President of the United States Senate, the Speaker of the United States House of Representatives, and the members of the Michigan congressional delegation.
The resolution and substitute were laid over one day under the rules.
Favorable Roll Call
To Report Out:
Yeas: Reps. DeRossett, Casperson, Hummel, DeRoche, Hune, Huizenga, LaJoy, Robertson, Ward, Anderson, Jamnick, Gleason, Adamini, Murphy and Elkins
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, March 11, 2004
Present: Reps. DeRossett, Casperson, Hummel, DeRoche, Hune, Huizenga, LaJoy, Robertson, Ward, Anderson, Jamnick, Gleason, Tobocman, Adamini, Murphy and Elkins
Absent: Rep. Gaffney
Excused: Rep. Gaffney
The Committee on Senior Health, Security and Retirement, by Rep. Woronchak, Chair, reported
Senate Bill No. 635, entitled
A bill to amend 1978 PA 368, entitled "Public health code," by amending section 21311 (MCL 333.21311), as amended by 1984 PA 311.
With the recommendation that the substitute (H-2) be adopted and that the bill then pass.
The bill and substitute were referred to the order of Second Reading of Bills and laid over one day under the rules.
Favorable Roll Call
To Report Out:
Yeas: Reps. Woronchak, Mortimer, Pappageorge, Rocca, Tabor, Vander Veen, Stallworth, Vagnozzi and Zelenko
Nays: None
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, March 11, 2004
Present: Reps. Woronchak, Mortimer, Pappageorge, Rocca, Tabor, Vander Veen, Stallworth, Vagnozzi and Zelenko
Announcement by the Clerk of Printing and Enrollment
The Clerk announced that the following bills had been printed and placed upon the files of the members on Thursday, March 11:
House Bill Nos. 5628 5629 5630 5631 5632 5633 5634
Introduction of Bills
Reps. Kooiman, Huizenga, Vander Veen, Voorhees, Richardville, Garfield, Drolet, Stahl, Rocca, Pappageorge, Ehardt, Anderson, Nofs, Robertson, Amos, Nitz, Walker and DeRoche introduced
House Bill No. 5635, entitled
A bill to amend 1975 PA 228, entitled "Single business tax act," by amending section 7 (MCL 208.7), as amended by 2002 PA 606.
The bill was read a first time by its title and referred to the Committee on Tax Policy.
Reps. Gaffney, Julian, Tobocman, Brown, Adamini, Sheltrown, Anderson, Accavitti, Murphy, Shackleton, Bieda, Lipsey, Gillard, Sak, Ward, Hune, Wojno, Nofs, Wenke, Plakas, Sheen, Stahl, Hoogendyk, Casperson, Zelenko, Hunter and Daniels introduced
House Bill No. 5636, entitled
A bill to amend 1976 PA 267, entitled "Open meetings act," by amending section 5 (MCL 15.265), as amended by 1984 PA 167.
The bill was read a first time by its title and referred to the Committee on Government Operations.
Reps. Hoogendyk, Howell, Pappageorge, Stahl, Middaugh, Kooiman, Bradstreet, Sheen, Huizenga, Hune, DeRoche, Steil, Wojno, Robertson, Voorhees, Stakoe, Shaffer, Acciavatti, Drolet, DeRossett, Brandenburg, Farhat, Emmons, Hager, Nofs, Mortimer, Caswell, Hummel, Newell, Ruth Johnson, Koetje, O'Neil and Rivet introduced
House Bill No. 5637, entitled
A bill to amend 1978 PA 368, entitled "Public health code," (MCL 333.1101 to 333.25211) by adding section 9141.
The bill was read a first time by its title and referred to the Committee on Health Policy.
Reps. Meyer, Rocca, Ehardt, Pappageorge and LaJoy introduced
House Bill No. 5638, entitled
A bill to amend 1933 PA 167, entitled "General sales tax act," by amending section 1 (MCL 205.51), as amended by 2000 PA 390.
The bill was read a first time by its title and referred to the Committee on Tax Policy.
Reps. Daniels, Pappageorge, Garfield, Richardville, Pastor, Kooiman, Ehardt, Rocca, Dennis, Ruth Johnson, Caul, Middaugh, Hart, Shaffer, Voorhees, Hummel, Farrah, Gieleghem, Woodward, Wenke, Farhat, Vander Veen, Palmer, Hoogendyk, Stallworth, Waters, Cheeks, Emmons, Gaffney, Hune, Zelenko, DeRoche, Huizenga and Smith introduced
House Bill No. 5639, entitled
A bill to amend 1976 PA 451, entitled "The revised school code," by amending section 373 (MCL 380.373), as amended by 2000 PA 230.
The bill was read a first time by its title and referred to the Committee on Education.
Reps. Hunter, Tobocman, Gleason, McConico and Rivet introduced
House Bill No. 5640, entitled
A bill to amend 1969 PA 306, entitled "Administrative procedures act of 1969," by amending section 53 (MCL 24.253), as amended by 1999 PA 262.
The bill was read a first time by its title and referred to the Committee on Government Operations.
Reps. Palsrok, Ward and Jamnick introduced
House Bill No. 5641, entitled
A bill to amend 1851 PA 156, entitled "An act to define the powers and duties of the county boards of commissioners of the several counties, and to confer upon them certain local, administrative and legislative powers; and to prescribe penalties for the violation of the provisions of this act," by amending section 17 (MCL 46.17); and to repeal acts and parts of acts.
The bill was read a first time by its title and referred to the Committee on Local Government and Urban Policy.
Rep. Rocca introduced
House Bill No. 5642, entitled
A bill to amend 1982 PA 325, entitled "An act to authorize county sheriffs to declare a county jail overcrowding state of emergency; to prescribe the powers and duties of certain judges, county sheriffs, and other county officials; and to provide remedies for a county jail overcrowding state of emergency," by amending section 8 (MCL 801.58), as amended by 1988 PA 399.
The bill was read a first time by its title and referred to the Committee on Criminal Justice.
Reps. LaJoy, Robertson, Stakoe, Casperson, Drolet, Emmons, Taub, Ward, Nitz, Brandenburg, Mortimer, Pastor and Gaffney introduced
House Bill No. 5643, entitled
A bill to amend 1975 PA 228, entitled "Single business tax act," by amending section 77 (MCL 208.77), as amended by 1999 PA 115.
The bill was read a first time by its title and referred to the Committee on Commerce.
______
Rep. Amos moved that the House adjourn.
The motion prevailed, the time being 12:20 p.m.
The Speaker Pro Tempore declared the House adjourned until Tuesday, March 16, at 1:00 p.m.
GARY L. RANDALL
Clerk of the House of Representatives