2004-HJ-05-19-044.htm

No. 44

STATE OF MICHIGAN

JOURNAL

OF THE

House of Representatives

92nd Legislature

REGULAR SESSION OF 2004

House Chamber, Lansing, Wednesday, May 19, 2004.

1:00 p.m.

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

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

Accavitti--present Garfield--present Meisner--present Sheen--present

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

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

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

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

Bieda--present Hardman--present 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--e/d/s Tabor--present

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Gaffney--present

e/d/s = entered during session

Rep. Clarence E. Phillips, from the 29th District, offered the following invocation:

"Dear Merciful Lord and Heavenly Father, You who know all about us, You who have brought us to this beautiful day and the promise and the possibility that it brings. Help us as we deliberate on very, very important business for the citizens of this great state. Help us to make the right decisions that will bring this state and its citizens through these very tough times. Dear Lord, please bless every heart and every home of the service men and women who fight so valiantly for what this country stands for, in Afghanistan and Iraq. In Your name, we pray. Amen."

______

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

The motion prevailed.

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

The motion prevailed.

Reports of Standing Committees

The Speaker laid before the House

House Concurrent Resolution No. 54.

A concurrent resolution approving the conveyance of property to the State Building Authority and approving a lease between the State of Michigan and the State Building Authority relative to the Department of Management and Budget Capitol Complex Renovations.

(For text of concurrent resolution, see House Journal No. 35, p. 799.)

(The concurrent resolution was reported by the Committee on Appropriations on May 18, consideration of which, under the rules, was postponed until today.)

The question being on the adoption of the concurrent resolution,

The Clerk made the following statement:

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

The question being on the adoption of the concurrent resolution,

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

Roll Call No. 351 Yeas--105

Accavitti Garfield Meyer Sheltrown

Acciavatti Gieleghem Middaugh Shulman

Adamini Gillard Milosch Smith

Amos Gleason Minore Spade

Anderson Hart Moolenaar Stahl

Bieda Hood Mortimer Stakoe

Bisbee Hoogendyk Murphy Stallworth

Bradstreet Hopgood Newell Steil

Brandenburg Howell Nitz Stewart

Brown Huizenga O'Neil Tabor

Byrum Hummel Palmer Taub

Casperson Hune Palsrok Tobocman

Caswell Hunter Pappageorge Vagnozzi

Caul Jamnick Pastor Van Regenmorter

Cheeks Johnson, Rick Phillips Vander Veen

Condino Johnson, Ruth Plakas Voorhees

Daniels Julian Pumford Walker

Dennis Koetje Reeves Ward

DeRoche Kolb Richardville Waters

DeRossett Kooiman Rivet Wenke

Drolet LaJoy Robertson Whitmer

Ehardt LaSata Rocca Williams

Elkins Law Sak Wojno

Emmons Lipsey Shackleton Woodward

Farhat McConico Shaffer Woronchak

Farrah Meisner Sheen Zelenko

Gaffney

Nays--0

In The Chair: Julian

Second Reading of Bills

Senate Bill No. 559, entitled

A bill to amend 1998 PA 58, entitled "Michigan liquor control code of 1998," by amending section 513 (MCL 436.1513), as amended by 2002 PA 725.

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.

______

Rep. Nofs entered the House Chambers.

Rep. Brown moved that Rep. Whitmer be excused temporarily from today's session.

The motion prevailed.

By unanimous consent the House returned to the order of

Third Reading of Bills

Senate Bill No. 559, entitled

A bill to amend 1998 PA 58, entitled "Michigan liquor control code of 1998," by amending section 513 (MCL 436.1513), as amended by 2002 PA 725.

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

Roll Call No. 352 Yeas--91

Accavitti Farrah McConico Shaffer

Adamini Gaffney Meisner Sheltrown

Amos Gieleghem Meyer Shulman

Anderson Gillard Minore Smith

Bieda Gleason Moolenaar Spade

Bisbee Hardman Mortimer Stakoe

Brandenburg Hart Murphy Steil

Brown Hood Newell Stewart

Byrum Hopgood Nitz Tabor

Casperson Howell Nofs Taub

Caswell Huizenga O'Neil Tobocman

Caul Hune Palsrok Vagnozzi

Cheeks Hunter Pappageorge Vander Veen

Clack Jamnick Pastor Walker

Condino Johnson, Rick Phillips Ward

Daniels Julian Plakas Waters

Dennis Koetje Pumford Wenke

DeRoche Kolb Richardville Williams

DeRossett Kooiman Rivet Wojno

Ehardt LaJoy Robertson Woodward

Elkins LaSata Rocca Woronchak

Emmons Law Sak Zelenko

Farhat Lipsey Shackleton

Nays--15

Acciavatti Hoogendyk Milosch Stahl

Bradstreet Hummel Palmer Van Regenmorter

Drolet Johnson, Ruth Reeves Voorhees

Garfield Middaugh Sheen

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 create a commission for the control of the alcoholic beverage traffic within this state, and to prescribe its powers, duties, and limitations; to provide for powers and duties for certain state departments and agencies; to impose certain taxes for certain purposes; to provide for the control of the alcoholic liquor traffic within this state and to provide for the power to establish state liquor stores; to provide for the care and treatment of alcoholics; to provide for the incorporation of farmer cooperative wineries and the granting of certain rights and privileges to those cooperatives; to provide for the licensing and taxation of activities regulated under this act and the disposition of the money received under this act; to prescribe liability for retail licensees under certain circumstances and to require security for that liability; to provide procedures, defenses, and remedies regarding violations of this act; to provide for the enforcement and to prescribe penalties for violations of this act; to provide for allocation of certain funds for certain purposes; to provide for the confiscation and disposition of property seized under this act; to provide referenda under certain circumstances; and to repeal acts and parts of acts,"

The House agreed to the full title.

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

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

Second Reading of Bills

Senate Bill No. 1073, entitled

A bill to amend 1976 PA 451, entitled "The revised school code," by amending section 1246 (MCL 380.1246), as amended by 1995 PA 289.

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. 1073, entitled

A bill to amend 1976 PA 451, entitled "The revised school code," by amending section 1246 (MCL 380.1246), as amended by 1995 PA 289.

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

Roll Call No. 353 Yeas--107

Accavitti Garfield Meyer Sheltrown

Acciavatti Gieleghem Middaugh Shulman

Adamini Gillard Milosch Smith

Amos Gleason Minore Spade

Anderson Hardman Moolenaar Stahl

Bieda Hart Mortimer Stakoe

Bisbee Hood Murphy Stallworth

Brandenburg Hoogendyk Newell Steil

Brown Hopgood Nitz Stewart

Byrum Howell Nofs Tabor

Casperson Huizenga O'Neil Taub

Caswell Hummel Palmer Tobocman

Caul Hune Palsrok Vagnozzi

Cheeks Hunter Pappageorge Van Regenmorter

Clack Jamnick Pastor Vander Veen

Condino Johnson, Rick Phillips Voorhees

Daniels Johnson, Ruth Plakas Walker

Dennis Julian Pumford Ward

DeRoche Koetje Reeves Waters

DeRossett Kolb Richardville Wenke

Drolet Kooiman Rivet Whitmer

Ehardt LaJoy Robertson Williams

Elkins LaSata Rocca Wojno

Emmons Law Sak Woodward

Farhat Lipsey Shackleton Woronchak

Farrah McConico Shaffer Zelenko

Gaffney Meisner Sheen

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 provide a system of public instruction and elementary and secondary schools; to revise, consolidate, and clarify the laws relating to elementary and secondary education; to provide for the organization, regulation, and maintenance of schools, school districts, public school academies, intermediate school districts, and other public school entities; to prescribe rights, powers, duties, and privileges of schools, school districts, public school academies, intermediate school districts, and other public school entities; to provide for the regulation of school teachers and certain other school employees; to provide for school elections and to prescribe powers and duties with respect thereto; to provide for the levy and collection of taxes; to provide for the borrowing of money and issuance of bonds and other evidences of indebtedness; to establish a fund and provide for expenditures from that fund; to provide for and prescribe the powers and duties of certain state departments, the state board of education, and certain other boards and officials; to provide for licensure of boarding schools; to prescribe penalties; and to repeal acts and parts of acts,"

The House agreed to the full title.

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

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

Second Reading of Bills

House Bill No. 5737, entitled

A bill to amend 1974 PA 198, entitled "An act to provide for the establishment of plant rehabilitation districts and industrial development districts in local governmental units; to provide for the exemption from certain taxes; to levy and collect a specific tax upon the owners of certain facilities; to impose and provide for the disposition of an administrative fee; to provide for the disposition of the tax; to provide for the obtaining and transferring of an exemption certificate and to prescribe the contents of those certificates; to prescribe the powers and duties of the state tax commission and certain officers of local governmental units; and to provide penalties," by amending section 9 (MCL 207.559), as amended by 1999 PA 140.

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

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

Rep. Stewart 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. 5737, entitled

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

Roll Call No. 354 Yeas--108

Accavitti Gaffney Meisner Sheen

Acciavatti Garfield Meyer Sheltrown

Adamini Gieleghem Middaugh Shulman

Amos Gillard Milosch Smith

Anderson Gleason Minore Spade

Bieda Hardman Moolenaar Stahl

Bisbee Hart Mortimer Stakoe

Bradstreet Hood Murphy Stallworth

Brandenburg Hoogendyk Newell Steil

Brown Hopgood Nitz Stewart

Byrum Howell Nofs Tabor

Casperson Huizenga O'Neil Taub

Caswell Hummel Palmer Tobocman

Caul Hune Palsrok Vagnozzi

Cheeks Hunter Pappageorge Van Regenmorter

Clack Jamnick Pastor Vander Veen

Condino Johnson, Rick Phillips Voorhees

Daniels Johnson, Ruth Plakas Walker

Dennis Julian Pumford Ward

DeRoche Koetje Reeves Waters

DeRossett Kolb Richardville Wenke

Drolet Kooiman Rivet Whitmer

Ehardt LaJoy Robertson Williams

Elkins LaSata Rocca Wojno

Emmons Law Sak Woodward

Farhat Lipsey Shackleton Woronchak

Farrah McConico Shaffer Zelenko

Nays--0

In The Chair: Julian

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

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

The motion prevailed.

The House agreed to the title as amended.

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

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

Second Reading of Bills

House Bill No. 5843, entitled

A bill to amend 1951 PA 33, entitled "An act to provide police and fire protection for townships and for certain areas in townships, certain incorporated villages, and cities under 15,000 population; to authorize contracting for fire and police protection; to authorize the purchase of fire and police equipment, and the maintenance and operation of the equipment; to provide for defraying the cost of the equipment; to authorize the creation of special assessment districts and the levying and collecting of special assessments; to authorize the issuance of special assessment bonds in anticipation of the collection of special assessments and the advancement of the amount necessary to pay such bonds, and to provide for reimbursement for such advances by reassessment if necessary; to authorize the collection of fees for certain emergency services in townships and other municipalities; to authorize the creation of administrative boards and to prescribe their powers and duties; to provide for the appointment of traffic officers and to prescribe their powers and duties; and to repeal certain acts and parts of acts," by amending section 6 (MCL 41.806), as amended by 1989 PA 81.

The bill was read a second time.

Rep. LaJoy 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. 5843, entitled

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

Roll Call No. 355 Yeas--108

Accavitti Gaffney Meisner Sheen

Acciavatti Garfield Meyer Sheltrown

Adamini Gieleghem Middaugh Shulman

Amos Gillard Milosch Smith

Anderson Gleason Minore Spade

Bieda Hardman Moolenaar Stahl

Bisbee Hart Mortimer Stakoe

Bradstreet Hood Murphy Stallworth

Brandenburg Hoogendyk Newell Steil

Brown Hopgood Nitz Stewart

Byrum Howell Nofs Tabor

Casperson Huizenga O'Neil Taub

Caswell Hummel Palmer Tobocman

Caul Hune Palsrok Vagnozzi

Cheeks Hunter Pappageorge Van Regenmorter

Clack Jamnick Pastor Vander Veen

Condino Johnson, Rick Phillips Voorhees

Daniels Johnson, Ruth Plakas Walker

Dennis Julian Pumford Ward

DeRoche Koetje Reeves Waters

DeRossett Kolb Richardville Wenke

Drolet Kooiman Rivet Whitmer

Ehardt LaJoy Robertson Williams

Elkins LaSata Rocca Wojno

Emmons Law Sak Woodward

Farhat Lipsey Shackleton Woronchak

Farrah McConico Shaffer Zelenko

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. 5802, entitled

A bill to amend 1949 PA 300, entitled "Michigan vehicle code," by amending sections 8a, 65, 204a, 208, 303, 306, 307, 309, 310e, 312b, 312e, 312f, 313, 314, 316, 317, 319, 319b, 319c, 320a, 321a, 323c, 732, 812, and 904 (MCL 257.8a, 257.65, 257.204a, 257.208, 257.303, 257.306, 257.307, 257.309, 257.310e, 257.312b, 257.312e, 257.312f, 257.313, 257.314, 257.316, 257.317, 257.319, 257.319b, 257.319c, 257.320a, 257.321a, 257.323c, 257.732, 257.812, and 257.904), section 8a as amended by 1998 PA 356, section 65 as amended by 1994 PA 449, section 204a as amended by 1999 PA 73, section 208 as amended by 1997 PA 100, sections 303, 310e, and 319 as amended by 2003 PA 61, sections 306, 309, 312f, 319b, 319c, 323c, 732, and 904 as amended by 2002 PA 534, section 307 as amended by 2004 PA 52, section 312b as amended by 2003 PA 103, sections 312e and 812 as amended by 2003 PA 152, section 313 as amended by 1991 PA 99, section 314 as amended by 2002 PA 554, section 317 as amended by 1993 PA 359, section 320a as amended by 2003 PA 315, and section 321a as amended by 2002 PA 741; and to repeal acts and parts of acts.

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

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

Rep. DeRossett moved 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. 5802, entitled

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

Roll Call No. 356 Yeas--108

Accavitti Gaffney Meisner Sheen

Acciavatti Garfield Meyer Sheltrown

Adamini Gieleghem Middaugh Shulman

Amos Gillard Milosch Smith

Anderson Gleason Minore Spade

Bieda Hardman Moolenaar Stahl

Bisbee Hart Mortimer Stakoe

Bradstreet Hood Murphy Stallworth

Brandenburg Hoogendyk Newell Steil

Brown Hopgood Nitz Stewart

Byrum Howell Nofs Tabor

Casperson Huizenga O'Neil Taub

Caswell Hummel Palmer Tobocman

Caul Hune Palsrok Vagnozzi

Cheeks Hunter Pappageorge Van Regenmorter

Clack Jamnick Pastor Vander Veen

Condino Johnson, Rick Phillips Voorhees

Daniels Johnson, Ruth Plakas Walker

Dennis Julian Pumford Ward

DeRoche Koetje Reeves Waters

DeRossett Kolb Richardville Wenke

Drolet Kooiman Rivet Whitmer

Ehardt LaJoy Robertson Williams

Elkins LaSata Rocca Wojno

Emmons Law Sak Woodward

Farhat Lipsey Shackleton Woronchak

Farrah McConico Shaffer Zelenko

Nays--0

In The Chair: Julian

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

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

A bill to amend 1949 PA 300, entitled "Michigan vehicle code," by amending sections 8a, 65, 204a, 208, 303, 306, 307, 309, 310e, 312b, 312e, 312f, 313, 314, 316, 317, 319, 319b, 319c, 320a, 321a, 323c, 708b, 732, 812, and 904 (MCL 257.8a, 257.65, 257.204a, 257.208, 257.303, 257.306, 257.307, 257.309, 257.310e, 257.312b, 257.312e, 257.312f, 257.313, 257.314, 257.316, 257.317, 257.319, 257.319b, 257.319c, 257.320a, 257.321a, 257.323c, 257.708b, 257.732, 257.812, and 257.904), section 8a as amended by 1998 PA 356, sections 65, 319b, 320a, 321a, and 732 as amended by 2004 PA 62, section 204a as amended by 1999 PA 73, section 208 as amended by 1997 PA 100, sections 303 and 319 as amended by 2003 PA 61, sections 306 and 310e as amended by 2004 PA 71, section 307 as amended by 2004 PA 52, sections 309, 312f, 319c, 323c, and 904 as amended by 2002 PA 534, section 312b as amended by 2003 PA 103, sections 312e and 812 as amended by 2003 PA 152, section 313 as amended by 1991 PA 99, section 314 as amended by 2002 PA 554, section 317 as amended by 1993 PA 359, and section 708b as added by 1991 PA 55; 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.

Second Reading of Bills

Senate Bill No. 724, entitled

A bill to amend 1953 PA 181, entitled "An act relative to investigations in certain instances of the causes of death within this state due to violence, negligence or other act or omission of a criminal nature or to protect public health; to provide for the taking of statements from injured persons under certain circumstances; to abolish the office of coroner and to create the office of county medical examiner in certain counties; to prescribe the powers and duties of county medical examiners; to prescribe penalties for violations of the provisions of this act; and to prescribe a referendum thereon," by amending section 2 (MCL 52.202), as amended by 2001 PA 26.

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. 724, entitled

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

Roll Call No. 357 Yeas--108

Accavitti Gaffney Meisner Sheen

Acciavatti Garfield Meyer Sheltrown

Adamini Gieleghem Middaugh Shulman

Amos Gillard Milosch Smith

Anderson Gleason Minore Spade

Bieda Hardman Moolenaar Stahl

Bisbee Hart Mortimer Stakoe

Bradstreet Hood Murphy Stallworth

Brandenburg Hoogendyk Newell Steil

Brown Hopgood Nitz Stewart

Byrum Howell Nofs Tabor

Casperson Huizenga O'Neil Taub

Caswell Hummel Palmer Tobocman

Caul Hune Palsrok Vagnozzi

Cheeks Hunter Pappageorge Van Regenmorter

Clack Jamnick Pastor Vander Veen

Condino Johnson, Rick Phillips Voorhees

Daniels Johnson, Ruth Plakas Walker

Dennis Julian Pumford Ward

DeRoche Koetje Reeves Waters

DeRossett Kolb Richardville Wenke

Drolet Kooiman Rivet Whitmer

Ehardt LaJoy Robertson Williams

Elkins LaSata Rocca Wojno

Emmons Law Sak Woodward

Farhat Lipsey Shackleton Woronchak

Farrah McConico Shaffer Zelenko

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. 5807, entitled

A bill to amend 1923 PA 238, entitled "An act authorizing the formation of corporations for the purpose of generating, manufacturing, producing, gathering, storing, transmitting, distributing, transforming, selling and supplying electric energy or gas, either artificial or natural, or both electric energy and gas, to the public generally, or to public utilities or natural gas companies, and providing for and giving to such corporations and also to corporations heretofore lawfully organized, among other things, for such purposes; to corporations heretofore lawfully organized, or that may hereafter be lawfully organized and duly authorized to carry on the electric or gas business as a public utility in the state of Michigan; and to foreign corporations heretofore lawfully organized or that may hereafter be lawfully organized, among other things, for such purposes, and duly authorized to carry on business in the state of Michigan, the right to condemn private property for the uses provided for herein," by amending section 3 (MCL 486.253) and by adding section 5.

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

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

Rep. McConico 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. 5807, entitled

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

Roll Call No. 358 Yeas--108

Accavitti Gaffney Meisner Sheen

Acciavatti Garfield Meyer Sheltrown

Adamini Gieleghem Middaugh Shulman

Amos Gillard Milosch Smith

Anderson Gleason Minore Spade

Bieda Hardman Moolenaar Stahl

Bisbee Hart Mortimer Stakoe

Bradstreet Hood Murphy Stallworth

Brandenburg Hoogendyk Newell Steil

Brown Hopgood Nitz Stewart

Byrum Howell Nofs Tabor

Casperson Huizenga O'Neil Taub

Caswell Hummel Palmer Tobocman

Caul Hune Palsrok Vagnozzi

Cheeks Hunter Pappageorge Van Regenmorter

Clack Jamnick Pastor Vander Veen

Condino Johnson, Rick Phillips Voorhees

Daniels Johnson, Ruth Plakas Walker

Dennis Julian Pumford Ward

DeRoche Koetje Reeves Waters

DeRossett Kolb Richardville Wenke

Drolet Kooiman Rivet Whitmer

Ehardt LaJoy Robertson Williams

Elkins LaSata Rocca Wojno

Emmons Law Sak Woodward

Farhat Lipsey Shackleton Woronchak

Farrah McConico Shaffer Zelenko

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. 5808, entitled

A bill to amend 1995 PA 30, entitled "Electric transmission line certification act," by amending sections 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 13, and 15 (MCL 460.562, 460.563, 460.564, 460.565, 460.566, 460.567, 460.568, 460.569, 460.570, 460.571, 460.573, and 460.575).

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

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

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

The motion prevailed.

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

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

______

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

The motion prevailed.

By unanimous consent the House returned to the order of

Third Reading of Bills

House Bill No. 5808, entitled

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

Roll Call No. 359 Yeas--107

Accavitti Gaffney Meisner Sheen

Acciavatti Garfield Meyer Sheltrown

Adamini Gieleghem Middaugh Shulman

Amos Gillard Milosch Smith

Anderson Gleason Minore Spade

Bieda Hardman Moolenaar Stahl

Bisbee Hart Mortimer Stakoe

Bradstreet Hood Murphy Stallworth

Brandenburg Hoogendyk Newell Steil

Brown Hopgood Nitz Stewart

Byrum Howell Nofs Tabor

Casperson Huizenga O'Neil Taub

Caswell Hummel Palmer Tobocman

Caul Hune Palsrok Vagnozzi

Cheeks Hunter Pappageorge Van Regenmorter

Clack Jamnick Pastor Vander Veen

Condino Johnson, Rick Phillips Voorhees

Daniels Johnson, Ruth Plakas Walker

Dennis Julian Pumford Ward

DeRoche Koetje Reeves Waters

DeRossett Kolb Richardville Wenke

Drolet Kooiman Rivet Whitmer

Ehardt LaJoy Robertson Williams

Elkins LaSata Rocca Wojno

Emmons Law Sak Woronchak

Farhat Lipsey Shackleton Zelenko

Farrah McConico Shaffer

Nays--0

In The Chair: Julian

The House agreed to the title of the bill.

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

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

Second Reading of Bills

House Bill No. 5467, entitled

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

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

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

Rep. Howell moved to amend the bill as follows:

1. Amend page 4, line 6, after "section 3a." by inserting "This section and the longer waiting period prescribed by section 3a do not apply if both the man and the woman applying for the marriage license are 50 years of age or older.".

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

Rep. Voorhees moved to amend the bill as follows:

1. Amend page 2, line 13, after "matrimony" by striking out the balance of the sentence and inserting a period.

2. Amend page 2, line 21, after "registrar." by striking out the balance of the subsection.

3. Amend page 2, line 24, by striking out all of subsections (3) and (4).

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

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

The motion prevailed.

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

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

______

Rep. Sheltrown moved that Rep. Lipsey be excused temporarily from today's session.

The motion prevailed.

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

The motion prevailed.

By unanimous consent the House returned to the order of

Third Reading of Bills

House Bill No. 5467, entitled

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

Roll Call No. 360 Yeas--71

Acciavatti Gaffney Milosch Sheen

Adamini Gillard Moolenaar Shulman

Amos Gleason Mortimer Spade

Bieda Hart Newell Stahl

Bisbee Hoogendyk Nitz Stakoe

Bradstreet Howell Nofs Steil

Brandenburg Huizenga Palmer Stewart

Brown Hummel Palsrok Tabor

Casperson Hune Pappageorge Taub

Caswell Johnson, Rick Pastor Van Regenmorter

Caul Johnson, Ruth Pumford Vander Veen

DeRoche Julian Richardville Voorhees

DeRossett Koetje Rivet Walker

Drolet Kooiman Robertson Ward

Ehardt LaJoy Rocca Wenke

Elkins LaSata Sak Wojno

Emmons Meyer Shackleton Woronchak

Farhat Middaugh Shaffer

Nays--34

Accavitti Gieleghem Meisner Stallworth

Anderson Hardman Minore Tobocman

Byrum Hood Murphy Vagnozzi

Clack Hopgood O'Neil Waters

Condino Hunter Phillips Whitmer

Daniels Jamnick Plakas Williams

Dennis Kolb Sheltrown Woodward

Farrah Law Smith Zelenko

Garfield McConico

In The Chair: Julian

The House agreed to the title of the bill.

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

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

______

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

"Mr. Speaker and members of the House:

I voted no on HB 5467 because this counseling is provided today by most, if not all faiths and legislation is not needed."

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

"Mr. Speaker and members of the House:

I voted no on House Bill 5467 - 5469 because I do not believe that it is appropriate for government to insert itself in people's personal decisions - particularly the decision to marry. Similar premarital education programs have been in place in Florida and Oklahoma since 1998 and 1999, respectively. As yet, neither state has shown a significant decrease in the number of divorces.

The overall suggestion of the bill is that people who get married and, more particularly, those who get divorced don't know what they are doing and that increased education, training, and advice will help those who marry to stay married longer. Of course, those who are married realize that few of us fully understand what we are getting into and that all the well-meaning advice in the world will not magically salvage a doomed marriage. If well-meaning advice were all it took to cure marital ills, there would be no divorce.

While it might seem comforting to accept the premise that if we better educate couples about marriage beforehand, they will stay married longer, the premise clearly has little more validity than claiming that all they need is love."

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

"Mr. Speaker and members of the House:

I voted no on House Bill 5467 5469 because I do not believe that it is appropriate for government to insert itself in people's personal decisions particularly the decision to marry. Similar premarital education programs have been in place in Florida and Oklahoma since 1998 and 1999, respectively. As yet, neither state has shown a significant decrease in the number of divorces.

I voted no on House Bill 5470 because it would mandate a pre-divorce program with few exceptions. Domestic violence groups are justifiably concerned that such a requirement could make it more difficult for such people to get a divorce to escape their situation.

Furthermore, the bill is based on the presumption that people who get divorced haven't given it enough thought and the government needs to force its way into their decision making process to make sure that they are fully cognizant of the consequences. The sad truth is that all too many divorcing couples are all too aware of what is happening and its consequences. All this will likely do is create a greater feelings of guilt and sorrow in what is already a sorry enough situation. The assumption that people seeking a divorce are doing so on a whim and lack adequate forethought is a self-righteous one and not one that is supported by most people's experience."

Second Reading of Bills

House Bill No. 5468, entitled

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

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

The substitute (H-2) 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. 5468, entitled

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

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

Roll Call No. 361 Yeas--72

Acciavatti Gleason Milosch Shaffer

Amos Hardman Moolenaar Sheen

Bisbee Hart Mortimer Shulman

Bradstreet Hoogendyk Murphy Spade

Brandenburg Howell Newell Stahl

Brown Huizenga Nitz Stakoe

Casperson Hummel Nofs Steil

Caswell Hune Palmer Stewart

Caul Johnson, Rick Palsrok Tabor

DeRoche Johnson, Ruth Pappageorge Taub

DeRossett Julian Pastor Van Regenmorter

Drolet Koetje Reeves Vander Veen

Ehardt Kooiman Richardville Voorhees

Emmons LaJoy Rivet Walker

Farhat LaSata Robertson Ward

Gaffney Lipsey Rocca Waters

Garfield Meyer Sak Wenke

Gillard Middaugh Shackleton Wojno

Nays--36

Accavitti Dennis Law Smith

Adamini Elkins McConico Stallworth

Anderson Farrah Meisner Tobocman

Bieda Gieleghem Minore Vagnozzi

Byrum Hood O'Neil Whitmer

Cheeks Hopgood Phillips Williams

Clack Hunter Plakas Woodward

Condino Jamnick Pumford Woronchak

Daniels Kolb Sheltrown Zelenko

In The Chair: Julian

The House agreed to the title of the bill.

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

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

Reps. Hardman, McConico, Stewart, Richardville and Murphy were named co-sponsors of the bill.

______

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 against HB 5468 because a small tax credit taken on the tax return forms filed one year after the 'marriage preservation class' is taken will do little, if nothing, to encourage couples to take marriage preservation courses. It will also have revenue impacts to the state, which in these days of fiscal restraint, nonetheless have a negative impact on the state coffers."

Rep. Anderson, 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:

Rep. Kolb, 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:

Second Reading of Bills

House Bill No. 5469, entitled

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

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

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

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

The motion prevailed.

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

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

By unanimous consent the House returned to the order of

Third Reading of Bills

House Bill No. 5469, entitled

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

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

Roll Call No. 362 Yeas--72

Acciavatti Gleason Milosch Shaffer

Amos Hardman Moolenaar Sheen

Bisbee Hart Mortimer Shulman

Bradstreet Hoogendyk Murphy Spade

Brandenburg Howell Newell Stahl

Brown Huizenga Nitz Stakoe

Casperson Hummel Nofs Steil

Caswell Hune Palmer Stewart

Caul Johnson, Rick Palsrok Tabor

DeRoche Johnson, Ruth Pappageorge Taub

DeRossett Julian Pastor Van Regenmorter

Drolet Koetje Reeves Vander Veen

Ehardt Kooiman Richardville Voorhees

Emmons LaJoy Rivet Walker

Farhat LaSata Robertson Ward

Gaffney Lipsey Rocca Waters

Garfield Meyer Sak Wenke

Gillard Middaugh Shackleton Wojno

Nays--36

Accavitti Dennis Law Smith

Adamini Elkins McConico Stallworth

Anderson Farrah Meisner Tobocman

Bieda Gieleghem Minore Vagnozzi

Byrum Hood O'Neil Whitmer

Cheeks Hopgood Phillips Williams

Clack Hunter Plakas Woodward

Condino Jamnick Pumford Woronchak

Daniels Kolb Sheltrown Zelenko

In The Chair: Julian

The House agreed to the title of the bill.

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

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

______

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

"Mr. Speaker and members of the House:

It has been said that the road to ruin has been paved with good-intentions. I believe that this bill, along with HB 5468 to which it is tie-barred, represents a poorly conceived notion that by offering a small tax credit, more couples will take advantage of marriage preservation programs. I personally find this hard to believe. I trust that most couples would want to preserve their marriages, but I find it doubtful that a small tax credit taken in the next calendar year would be any type of an incentive for taking one of these marriage preservation classes. We do know that there is a cost to these bills, and as the state is not exactly swimming in money, I don't believe that the state can afford this at this time. Thus I voted no."

Rep. Anderson, 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:

Second Reading of Bills

House Bill No. 5470, entitled

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

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

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

Rep. Koetje moved to amend the bill as follows:

1. Amend page 4, line 10, after "party." by inserting "The sworn statement shall be reviewed only by the court and shall not be a part of the public record of that divorce action.".

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

Rep. Voorhees moved to amend the bill as follows:

1. Amend page 5, following line 17, by inserting:

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

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

Rep. Vander Veen 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. 5470, entitled

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

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

Roll Call No. 363 Yeas--63

Acciavatti Hoogendyk Murphy Shulman

Amos Howell Newell Spade

Bisbee Huizenga Nitz Stahl

Bradstreet Hummel Nofs Stakoe

Brandenburg Hune Palmer Stewart

Casperson Johnson, Rick Palsrok Tabor

Caswell Johnson, Ruth Pappageorge Taub

Caul Julian Pastor Van Regenmorter

DeRoche Kooiman Pumford Vander Veen

DeRossett LaJoy Reeves Voorhees

Drolet LaSata Richardville Walker

Ehardt Meyer Robertson Ward

Emmons Middaugh Rocca Wenke

Farhat Milosch Sak Wojno

Gleason Moolenaar Shaffer Woronchak

Hart Mortimer Sheen

Nays--44

Accavitti Elkins Koetje Sheltrown

Adamini Farrah Kolb Smith

Anderson Gaffney Law Stallworth

Bieda Garfield Lipsey Steil

Brown Gieleghem Meisner Tobocman

Byrum Gillard Minore Vagnozzi

Cheeks Hardman O'Neil Waters

Clack Hood Phillips Whitmer

Condino Hopgood Plakas Williams

Daniels Hunter Rivet Woodward

Dennis Jamnick Shackleton Zelenko

In The Chair: Julian

The House agreed to the title of the bill.

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

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

______

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

"Mr. Speaker and members of the House:

I voted against HB 5470 because despite its good intentions, it would still pose serious consequences for victims of domestic abuse. I also question whether the stated goal of this bill would be met -- that of minimizing the impact of divorce on children. Indeed, in some circumstances, it is not too hard to imagine this drawing out of the divorce process actually making the process worse. While I appreciate the concern and intent of this bill, it simply goes too far, and has the potential of creating too many potential problems. Thus, I voted against HB 5470 (H-2)."

Rep. Hopgood, 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:

Furthermore, the bill is based on the presumption that people who get divorced haven't given it enough thought and the government needs to force its way into their decision making process to make sure that they are fully cognizant of the consequences. The sad truth is that all too many divorcing couples are all too aware of what is happening and its consequences. All this will likely do is create a greater feeling of guilt and sorrow in what is already a sorry enough situation. The assumption that people seeking a divorce are doing so on a whim and lack adequate forethought is a self-righteous one and not one that is supported by most people's experience."

Reps. Law and Kolb, 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:

Second Reading of Bills

House Bill No. 5472, entitled

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

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

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

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

The motion prevailed.

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

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

By unanimous consent the House returned to the order of

Third Reading of Bills

House Bill No. 5472, entitled

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

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

Roll Call No. 364 Yeas--81

Acciavatti Gleason Milosch Shaffer

Amos Hart Moolenaar Sheen

Bisbee Hoogendyk Mortimer Shulman

Bradstreet Hopgood Murphy Spade

Brandenburg Howell Newell Stahl

Brown Huizenga Nitz Stakoe

Casperson Hummel Nofs Steil

Caswell Hune Palmer Stewart

Caul Johnson, Rick Palsrok Tabor

Clack Johnson, Ruth Pappageorge Taub

DeRoche Julian Pastor Van Regenmorter

DeRossett Koetje Phillips Vander Veen

Drolet Kooiman Pumford Voorhees

Ehardt LaJoy Reeves Walker

Elkins LaSata Richardville Ward

Emmons Law Rivet Wenke

Farhat Lipsey Robertson Wojno

Gaffney McConico Rocca Woodward

Garfield Meyer Sak Woronchak

Gieleghem Middaugh Shackleton Zelenko

Gillard

Nays--27

Accavitti Daniels Kolb Stallworth

Adamini Dennis Meisner Tobocman

Anderson Farrah Minore Vagnozzi

Bieda Hardman O'Neil Waters

Byrum Hood Plakas Whitmer

Cheeks Hunter Sheltrown Williams

Condino Jamnick Smith

In The Chair: Julian

The House agreed to the title of the bill.

Rep. Kooiman 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. 5473, entitled

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

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

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

Rep. Voorhees moved to amend the bill as follows:

1. Amend page 2, following line 26, by inserting:

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

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

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

The motion prevailed.

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

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

______

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

The motion prevailed.

By unanimous consent the House returned to the order of

Third Reading of Bills

House Bill No. 5473, entitled

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

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

Roll Call No. 365 Yeas--96

Accavitti Farrah McConico Shackleton

Acciavatti Gaffney Meyer Shaffer

Adamini Gieleghem Middaugh Sheen

Amos Gillard Milosch Shulman

Bieda Gleason Moolenaar Smith

Bisbee Hardman Mortimer Spade

Bradstreet Hart Murphy Stahl

Brandenburg Hood Newell Stakoe

Brown Hoogendyk Nitz Stallworth

Byrum Hopgood Nofs Steil

Casperson Howell O'Neil Stewart

Caswell Huizenga Palmer Tabor

Caul Hummel Palsrok Taub

Cheeks Hune Pappageorge Vagnozzi

Clack Hunter Pastor Van Regenmorter

Condino Johnson, Rick Phillips Vander Veen

Daniels Johnson, Ruth Plakas Voorhees

Dennis Julian Pumford Walker

DeRoche Koetje Reeves Ward

DeRossett Kooiman Richardville Waters

Ehardt LaJoy Rivet Wenke

Elkins LaSata Robertson Wojno

Emmons Law Rocca Woronchak

Farhat Lipsey Sak Zelenko

Nays--11

Anderson Jamnick Minore Williams

Drolet Kolb Tobocman Woodward

Garfield Meisner Whitmer

In The Chair: Julian

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

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

The motion prevailed.

The House agreed to the title as amended.

Rep. Kooiman 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. 5474, entitled

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

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

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

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

The motion prevailed.

Rep. Kooiman 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. 5474, entitled

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

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

Roll Call No. 366 Yeas--95

Accavitti Gaffney Meyer Shaffer

Acciavatti Garfield Middaugh Sheen

Adamini Gieleghem Milosch Shulman

Amos Gillard Moolenaar Smith

Bieda Gleason Mortimer Spade

Bisbee Hardman Murphy Stahl

Bradstreet Hart Newell Stakoe

Brandenburg Hood Nitz Steil

Brown Hoogendyk Nofs Stewart

Byrum Hopgood O'Neil Tabor

Casperson Howell Palmer Taub

Caswell Huizenga Palsrok Vagnozzi

Caul Hummel Pappageorge Van Regenmorter

Cheeks Hune Pastor Vander Veen

Condino Hunter Phillips Voorhees

Dennis Johnson, Rick Plakas Walker

DeRoche Johnson, Ruth Pumford Ward

DeRossett Julian Reeves Waters

Drolet Koetje Richardville Wenke

Ehardt Kooiman Rivet Wojno

Elkins LaJoy Robertson Woodward

Emmons LaSata Rocca Woronchak

Farhat Lipsey Sak Zelenko

Farrah McConico Shackleton

Nays--12

Anderson Jamnick Meisner Tobocman

Clack Kolb Minore Whitmer

Daniels Law Stallworth Williams

In The Chair: Julian

The House agreed to the title of the bill.

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

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

By unanimous consent the House returned to the order of

Motions and Resolutions

Reps. Milosch, Garfield, Brandenburg, Acciavatti, Tabor, Taub, Van Regenmorter, Hummel, Huizenga, Newell, Stahl, Nitz, Drolet, Vander Veen, Sheen, Palsrok, Ward, DeRoche, Palmer, Shaffer, Wenke, Caul, Farhat, Pastor and Hager offered the following resolution:

House Resolution No. 262.

A resolution to urge the Governor to ban the import into Michigan of any products that could be hosts for the fungus-like pathogen that causes Sudden Oak Death.

Whereas, Several states, most notably California, are presently dealing with a serious threat to plant life known as Sudden Oak Death (SOD). This forest disease, which is caused by a fungus-like pathogen called Phyophthora ramorum, represents a potentially devastating situation for many species of plants important to Michigan and much of the country. In addition to California, Sudden Oak Death has been found in other states, such as Oregon, Florida, and Georgia and possibly Maryland. This condition is also a notable concern in Europe; and

Whereas, The SOD fungus-like pathogen prefers cool, wet climates, and its spores apparently can be spread through the air or through water. With these characteristics, Michigan and its forestlands would seem to be quite vulnerable to SOD. This is an issue with ramifications that extend far beyond nurseries in our state; and

Whereas, Almost 60 plant species are known to be hosts for the fungus-like pathogen that causes Sudden Oak Death. Several states and Canada have already put quarantines in place to try to prevent the spread of this disease. The federal government has also initiated efforts to deal with this problem. With the diversity of Michigan's plant life, the seemingly favorable conditions of our climate, and the devastation that could result if this disease were to become established here, Michigan clearly would be well served by establishing a quarantine of any plants being imported into our state that could be host plants for the fungus-like pathogen that causes Sudden Oak Death; now, therefore, be it

Resolved by the House of Representatives, That we urge the Governor to ban the import into Michigan from any infectedstate of any products that may act as a host for the fungus-like pathogen that causes Sudden Oak Death; and be it further

Resolved, That copies of this resolution be transmitted to the Office of the Governor.

The resolution was referred to the Committee on Agriculture and Resource Management.

Reps. Shulman, Spade, Accavitti, Acciavatti, Adamini, Amos, Bieda, Casperson, Dennis, DeRossett, Ehardt, Elkins, Garfield, Gieleghem, Gillard, Gleason, Hopgood, Hune, Koetje, Kolb, Law, Meyer, Milosch, Minore, O'Neil, Phillips, Richardville, Sak, Shaffer, Sheltrown, Taub, Tobocman, Vagnozzi, Wojno, Woodward, Zelenko, Byrum, Caul, Condino, Newell, Pappageorge, Pastor, Rocca, Stakoe, Stewart and Tabor offered the following resolution:

House Resolution No. 263.

A resolution recognizing the 30^th anniversary of the Area Agency on Aging 1-B on May 19, 2004, and acknowledging its proud service to older adults residing in Livingston, Macomb, Monroe, Oakland, St. Clair, and Washtenaw counties.

Whereas, Following the 1973 amendments to the federal Older Americans Act, United Community Services of Metropolitan Detroit received endorsements from the state of Michigan and six county commission boards to establish an area agency on aging; and

Whereas, The Area Agency on Aging 1-B was established as a nonprofit agency dedicated to maintaining the independence, dignity, and quality of life of older adults, family caregivers, and adults with disabilities residing in Livingston, Macomb, Monroe, Oakland, St. Clair, and Washtenaw counties by supporting a comprehensive service delivery system and providing access to community-based care; and

Whereas, In 1987, the Area Agency on Aging 1-B became an independent nonprofit entity to serve as a single point of access to care for individuals 60 years of age and older, their caregivers, and disabled adults; and

Whereas, May 19, 2004, represents the agency's thirty-year anniversary of community service. They are dedicated to assessing the needs of older adults, caregivers, and adults with disabilities and linking them with needed community-based long-term care services. They also coordinate activities with other public and private organizations, giving priority in planning and administering services and programs to those individuals with greatest social and economic need. The Area Agency on Aging 1-B develops new services and programs to address the needs of older adults, caregivers, and adults with disabilities. In addition, they allocate federal and state funding for social, nutritional, and long-term care services, and educate and advocate on issues of concern to older adults, caregivers, and adults with disabilities. The Area Agency on Aging 1-B ensure that older adults, caregivers, and adults with disabilities have access to information regarding available resources and their rights to benefits for which they may be entitled; and

Whereas, The Area Agency on Aging 1-B has been a leader in advocating for public policy changes that will offer Medicaid long-term care consumers a choice of quality care options and support the provision of care in the least restrictive setting; now, therefore, be it

Resolved by the House of Representatives, That the members of this legislative body recognize the 30th anniversary of the Area Agency on Aging 1-B on May 19, 2004, and its proud service to older adults residing in Livingston, Macomb, Monroe, Oakland, St. Clair, and Washtenaw counties.

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 Tax Policy, by Rep. Wenke, Chair, reported

House Bill No. 4357, entitled

A bill to amend 1967 PA 281, entitled "Income tax act of 1967," (MCL 206.1 to 206.532) by adding section 270.

With the recommendation that the substitute (H-3) 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. Wenke, Sheen, Koetje, Woronchak, Meyer, Drolet, Hummel, Palmer, Nofs and Stakoe

Nays: Reps. O'Neil, Minore, Bieda, Zelenko and Condino

The Committee on Tax Policy, by Rep. Wenke, Chair, reported

House Bill No. 5034, entitled

A bill to amend 1893 PA 206, entitled "The general property tax act," by amending sections 2a and 34c (MCL 211.2a and 211.34c), section 2a as amended by 1982 PA 539 and section 34c as amended by 2002 PA 620; and to repeal acts and parts of acts.

With the recommendation that the bill be re-referred to the Committee on Local Government and Urban Policy.

Favorable Roll Call

To Report Out:

Yeas: Reps. Wenke, Sheen, Koetje, Meyer, Drolet, Hummel, Palmer, Nofs, O'Neil, Minore, Bieda, Zelenko and Condino

Nays: None

The recommendation was concurred in and the bill was referred to the Committee on Local Government and Urban Policy.

The Committee on Tax Policy, by Rep. Wenke, Chair, reported

House Bill No. 5669, entitled

A bill to amend 1967 PA 281, entitled "Income tax act of 1967," by amending section 260 (MCL 206.260), as amended by 1996 PA 484.

With the recommendation that the substitute (H-3) 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. Wenke, Sheen, Koetje, Woronchak, Meyer, Drolet, Hummel, Palmer, Nofs and Stakoe

Nays: None

COMMITTEE ATTENDANCE REPORT

The following report, submitted by Rep. Wenke, Chair, of the Committee on Tax Policy, was received and read:

Meeting held on: Wednesday, May 19, 2004

Present: Reps. Wenke, Sheen, Koetje, Woronchak, Meyer, Drolet, Hummel, Palmer, Nofs, Stakoe, O'Neil, Minore, Bieda, Zelenko and Condino

Absent: Reps. Milosch and Farrah

Excused: Reps. Milosch and Farrah

The Committee on Energy and Technology, by Rep. Bradstreet, Chair, reported

House Bill No. 5798, entitled

A bill to amend 1967 PA 281, entitled "Income tax act of 1967," by amending section 527a (MCL 206.527a), as amended by 2001 PA 169.

With the recommendation that the substitute (H-3) 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. Bradstreet, Huizenga, Middaugh, Bisbee, LaSata, Casperson, DeRoche, Garfield, LaJoy, Nitz, Palsrok, Stahl, McConico, Rivet, Woodward, Hopgood and Murphy

Nays: None

COMMITTEE ATTENDANCE REPORT

The following report, submitted by Rep. Bradstreet, Chair, of the Committee on Energy and Technology, was received and read:

Meeting held on: Wednesday, May 19, 2004

Present: Reps. Bradstreet, Huizenga, Middaugh, Bisbee, LaSata, Casperson, DeRoche, Garfield, LaJoy, Nitz, Palsrok, Stahl, McConico, Rivet, Woodward, Hopgood and Murphy

Absent: Reps. Daniels and Stallworth

Excused: Reps. Daniels and Stallworth

The Committee on Criminal Justice, by Rep. Van Regenmorter, Chair, reported

House Bill No. 5820, entitled

A bill to amend 1949 PA 300, entitled "Michigan vehicle code," by amending section 626 (MCL 257.626).

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. Van Regenmorter, Stakoe, Howell, LaSata, Gaffney, Nofs, Meisner, Condino and Hood

Nays: None

The Committee on Criminal Justice, by Rep. Van Regenmorter, Chair, reported

Senate Bill No. 912, entitled

A bill to amend 1927 PA 175, entitled "The code of criminal procedure," by amending section 11b of chapter XVII (MCL 777.11b), as added by 2002 PA 31.

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. Van Regenmorter, Stakoe, Howell, LaSata, Gaffney, Nofs, Meisner, Condino and Hood

Nays: None

The Committee on Criminal Justice, by Rep. Van Regenmorter, Chair, reported

Senate Bill No. 913, entitled

A bill to amend 1972 PA 222, entitled "An act to provide for an official personal identification card; to provide for its form, issuance and use; to regulate the use and disclosure of information obtained from the card; to prescribe the powers and duties of the secretary of state; to prescribe fees; to prescribe certain penalties for violations; and to provide an appropriation for certain purposes," by amending section 5 (MCL 28.295), as amended by 1984 PA 335.

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. Van Regenmorter, Stakoe, Howell, LaSata, Gaffney, Nofs, Meisner, Condino and Hood

Nays: None

The Committee on Criminal Justice, by Rep. Van Regenmorter, Chair, reported

Senate Bill No. 1009, entitled

A bill to amend 1931 PA 328, entitled "The Michigan penal code," by amending section 218 (MCL 750.218), as amended by 1998 PA 312.

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. Van Regenmorter, Stakoe, Howell, LaSata, Gaffney, Nofs, Condino and Hood

Nays: None

COMMITTEE ATTENDANCE REPORT

The following report, submitted by Rep. Van Regenmorter, Chair, of the Committee on Criminal Justice, was received and read:

Meeting held on: Wednesday, May 19, 2004

Present: Reps. Van Regenmorter, Stakoe, Howell, LaSata, Gaffney, Nofs, Meisner, Condino and Hood

COMMITTEE ATTENDANCE REPORT

The following report, submitted by Rep. Tabor, Chair, of the Committee on Conservation and Outdoor Recreation, was received and read:

Meeting held on: Wednesday, May 19, 2004

Present: Reps. Tabor, Milosch, Bradstreet, Richardville, Rocca, Nitz, Gillard, Sheltrown and Accavitti

Absent: Reps. Ehardt and Farrah

Excused: Reps. Ehardt and Farrah

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Wednesday, May 19, 2004

Present: Reps. Julian, Hune, Bisbee, Middaugh, Mortimer, Hummel, Garfield, Robertson, Sheen, Daniels, Woodward, Anderson, Wojno, Hood, Gillard and Condino

Absent: Rep. Ehardt

Excused: Rep. Ehardt

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 Friday, May 14:

Senate Bill Nos. 1193 1194 1195 1196 1197 1198 1199 1200 1201 1202 1203 1204 1205 1206 1207 1208 1209 1210 1211 1212 1213 1214 1215 1216 1217 1218 1219 1220 1221 1222 1223 1224 1225 1226 1227 1228 1229 1230 1231 1232 1233 1234 1235 1236 1237 1238 1239 1240 1241 1242 1243

The Clerk announced that the following bills had been printed and placed upon the files of the members on Wednesday, May 19:

House Bill Nos. 5912 5913 5914 5915 5916 5917 5918 5919 5920 5921 5922 5923 5924 5925

By unanimous consent the House returned to the order of

Messages from the Senate

House Bill No. 5105, entitled

A bill to amend 1931 PA 328, entitled "The Michigan penal code," by amending sections 529, 529a, and 530 (MCL 750.529, 750.529a, and 750.530), section 529a as added by 1994 PA 191.

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.

Introduction of Bills

Reps. Vagnozzi, Woodward, Hunter, Accavitti, Minore, Clack, Dennis, Tobocman, Condino, O'Neil, Lipsey, Murphy, Gleason, Williams and Gieleghem introduced

House Bill No. 5926, entitled

A bill to amend 1949 PA 300, entitled "Michigan vehicle code," (MCL 257.1 to 257.923) by adding section 636a.

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

Reps. Hoogendyk, Drolet, Steil, Kooiman, Mortimer, Milosch, Sheen, Newell, Shackleton and Pastor introduced

House Bill No. 5927, entitled

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

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

Quorum Call

Rep. Richardville questioned the presence of a quorum and moved that the roll be called and printed in the Journal.

The motion prevailed.

The roll was called and the Clerk announced that a quorum was present.

The following is the roll call:

Roll Call No. 367 Yeas--105

Accavitti Garfield Meyer Sheltrown

Acciavatti Gieleghem Middaugh Shulman

Amos Gillard Milosch Smith

Anderson Gleason Minore Spade

Bieda Hardman Moolenaar Stahl

Bisbee Hart Mortimer Stakoe

Bradstreet Hood Murphy Stallworth

Brandenburg Hoogendyk Newell Steil

Brown Hopgood Nitz Stewart

Byrum Howell Nofs Tabor

Casperson Huizenga O'Neil Taub

Caswell Hummel Palmer Tobocman

Caul Hune Palsrok Vagnozzi

Cheeks Hunter Pastor Van Regenmorter

Clack Jamnick Phillips Vander Veen

Condino Johnson, Rick Plakas Voorhees

Daniels Johnson, Ruth Pumford Walker

Dennis Julian Reeves Ward

DeRoche Koetje Richardville Waters

DeRossett Kolb Rivet Wenke

Drolet Kooiman Robertson Whitmer

Ehardt LaSata Rocca Williams

Elkins Law Sak Wojno

Emmons Lipsey Shackleton Woodward

Farhat McConico Shaffer Woronchak

Farrah Meisner Sheen Zelenko

Gaffney

In The Chair: Julian

Second Reading of Bills

House Bill No. 5859, entitled

A bill to amend 1961 PA 236, entitled "Revised judicature act of 1961," by amending sections 3204 and 3212 (MCL 600.3204 and 600.3212), as amended by 1994 PA 397.

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

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

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

The motion prevailed.

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

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

______

Rep. Palmer moved that Reps. LaJoy and Pappageorge be excused from the balance of today's session.

The motion prevailed.

By unanimous consent the House returned to the order of

Third Reading of Bills

House Bill No. 5859, entitled

A bill to amend 1961 PA 236, entitled "Revised judicature act of 1961," by amending sections 3204 and 3212 (MCL 600.3204 and 600.3212), as amended by 1994 PA 397.

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

Roll Call No. 368 Yeas--106

Accavitti Gaffney Meyer Sheltrown

Acciavatti Garfield Middaugh Shulman

Adamini Gieleghem Milosch Smith

Amos Gillard Minore Spade

Anderson Gleason Moolenaar Stahl

Bieda Hardman Mortimer Stakoe

Bisbee Hart Murphy Stallworth

Bradstreet Hood Newell Steil

Brandenburg Hoogendyk Nitz Stewart

Brown Hopgood Nofs Tabor

Byrum Howell O'Neil Taub

Casperson Huizenga Palmer Tobocman

Caswell Hummel Palsrok Vagnozzi

Caul Hune Pastor Van Regenmorter

Cheeks Hunter Phillips Vander Veen

Clack Jamnick Plakas Voorhees

Condino Johnson, Rick Pumford Walker

Daniels Johnson, Ruth Reeves Ward

Dennis Julian Richardville Waters

DeRoche Koetje Rivet Wenke

DeRossett Kolb Robertson Whitmer

Drolet Kooiman Rocca Williams

Ehardt LaSata Sak Wojno

Elkins Law Shackleton Woodward

Emmons Lipsey Shaffer Woronchak

Farhat McConico Sheen Zelenko

Farrah Meisner

Nays--0

In The Chair: Julian

The House agreed to the title of the bill.

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

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

Second Reading of Bills

Senate Bill No. 1116, entitled

A bill to amend 1975 PA 228, entitled "Single business tax act," by amending section 9 (MCL 208.9), as amended by 2001 PA 230.

The bill was read a second time.

Rep. Rivet moved to amend the bill as follows:

1. Amend page 8, line 11, after "deduct" by inserting a comma and "to the extent included in federal taxable income,".

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

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

The motion prevailed.

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

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

By unanimous consent the House returned to the order of

Third Reading of Bills

Senate Bill No. 1116, entitled

A bill to amend 1975 PA 228, entitled "Single business tax act," by amending section 9 (MCL 208.9), as amended by 2001 PA 230.

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

Roll Call No. 369 Yeas--102

Accavitti Farrah Meyer Sheltrown

Acciavatti Gaffney Middaugh Shulman

Adamini Garfield Milosch Spade

Amos Gieleghem Minore Stahl

Anderson Gillard Moolenaar Stakoe

Bieda Gleason Mortimer Stallworth

Bisbee Hardman Murphy Steil

Bradstreet Hart Newell Stewart

Brandenburg Hoogendyk Nitz Tabor

Brown Hopgood Nofs Taub

Byrum Howell O'Neil Tobocman

Casperson Huizenga Palmer Vagnozzi

Caswell Hummel Palsrok Van Regenmorter

Caul Hune Pastor Vander Veen

Cheeks Hunter Phillips Voorhees

Clack Jamnick Pumford Walker

Condino Johnson, Rick Reeves Ward

Daniels Johnson, Ruth Richardville Waters

Dennis Julian Rivet Wenke

DeRoche Koetje Robertson Whitmer

DeRossett Kolb Rocca Williams

Drolet Kooiman Sak Wojno

Ehardt LaSata Shackleton Woodward

Elkins Law Shaffer Woronchak

Emmons Lipsey Sheen Zelenko

Farhat McConico

Nays--4

Hood Meisner Plakas 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 provide for the imposition, levy, computation, collection, assessment and enforcement, by lien or otherwise, of taxes on certain commercial, business, and financial activities; to prescribe the manner and times of making certain reports and paying taxes; to prescribe the powers and duties of public officers and state departments; to permit the inspection of records of taxpayers; to provide for interest and penalties on unpaid taxes; to provide exemptions, credits, and refunds; to provide penalties; to provide for the disposition of funds; to provide for the interrelation of this act with other acts; and to provide an appropriation,"

The House agreed to the full title.

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

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

______

Rep. Meisner, 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:

Again, to continue to create exemptions in a single business tax that has been exempted to the point of not being able to generate sufficient revenue to meet the most basic needs of state government is ill-advised policy. Until we are able to ascertain the efficacy of tax preferences currently included in the code, adding more is a mistake."

Second Reading of Bills

House Bill No. 5809, entitled

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

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

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

Rep. Koetje moved to amend the bill as follows:

1. Amend page 1, line 2, after "marketer," by inserting "promoter,"

2. Amend page 1, line 5, after "marketers," by inserting "promoters,".

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

Rep. Koetje moved to amend the bill as follows:

1. Amend page 3, following line 8, by inserting:

"(5) A political subdivision of this state shall not file, prosecute, or join, on its own behalf or on behalf of its citizens or another class of persons, a civil action described in this section for damages or other remedy against a person." and renumbering the remaining subsections.

2. Amend page 3, following line 22, by inserting:

"(c) "Person" means an individual, partnership, corporation, association, or other legal entity.

(d) "Political subdivision" means a county, city, township, or village.".

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

Rep. Accavitti moved to amend the bill as follows:

1. Amend page 3, following line 22, by inserting:

"Enacting section 1. This amendatory act does not take effect unless House Bill No. 4441 of the 92nd Legislature is enacted into law.".

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

Rep. Condino moved to amend the bill as follows:

1. Amend page 1, line 8, after "obesity" by inserting a comma and "if it has fully disclosed the ingredients and number of fat grams contained in its food products. The disclosure of ingredients and fat grams is a prerequisite of the immunity granted under this section and does not serve to increase or reduce any existing food related disclosure requirements contained in state or federal law".

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

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

The motion prevailed.

Rep. Rivet moved to reconsider the vote by which the House placed the bill on the order of Third Reading of Bills.

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

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

The motion prevailed.

House Bill No. 5632, entitled

A bill to amend 1993 PA 327, entitled "Tobacco products tax act," by amending sections 7 and 12 (MCL 205.427 and 205.432), as amended by 2002 PA 503.

The bill was read a second time.

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

The motion did not prevail and the substitute (H-6) was not adopted, a majority of the members serving not voting therefor.

Rep. Julian 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. 5632, entitled

A bill to amend 1993 PA 327, entitled "Tobacco products tax act," by amending sections 7 and 12 (MCL 205.427 and 205.432), as amended by 2002 PA 503.

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

Roll Call No. 370 Yeas--44

Adamini Gillard Lipsey Shulman

Anderson Gleason Meisner Smith

Bieda Hart Minore Stallworth

Byrum Hood Newell Tabor

Caul Hopgood O'Neil Walker

Clack Jamnick Phillips Waters

Condino Johnson, Rick Plakas Whitmer

Dennis Julian Pumford Williams

Farrah Kolb Richardville Wojno

Gaffney Kooiman Sak Woodward

Gieleghem Law Shackleton Zelenko

Nays--53

Acciavatti Farhat Moolenaar Spade

Amos Garfield Mortimer Stahl

Bisbee Hoogendyk Nitz Stakoe

Bradstreet Howell Nofs Steil

Brandenburg Huizenga Palmer Stewart

Brown Hummel Palsrok Taub

Casperson Hune Pastor Vagnozzi

Caswell Johnson, Ruth Rivet Van Regenmorter

DeRoche Koetje Robertson Vander Veen

DeRossett LaSata Rocca Voorhees

Drolet Meyer Shaffer Ward

Ehardt Middaugh Sheen Wenke

Elkins Milosch Sheltrown Woronchak

Emmons

In The Chair: Julian

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

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

The question being on the passage of the bill,

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

The motion prevailed.

Second Reading of Bills

The House returned to the consideration of

House Bill No. 5809, entitled

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

(The bill was considered earlier today, see today's Journal p. 1023.)

Rep. Rivet moved to reconsider the vote by which the House did not adopt the amendment offered previously by Rep. Accavitti.

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

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

Rep. Accavitti demanded the yeas and nays.

The demand was supported.

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

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

Roll Call No. 371 Yeas--46

Accavitti Gieleghem Meisner Smith

Adamini Gillard Milosch Spade

Bieda Gleason Minore Stallworth

Brown Hardman Murphy Tobocman

Byrum Hood O'Neil Vagnozzi

Cheeks Hopgood Phillips Waters

Clack Hunter Plakas Whitmer

Condino Jamnick Reeves Williams

Daniels LaSata Rivet Wojno

Dennis Law Sak Woodward

Elkins Lipsey Sheltrown Zelenko

Farrah McConico

Nays--59

Acciavatti Gaffney Moolenaar Shulman

Amos Garfield Mortimer Stahl

Anderson Hart Newell Stakoe

Bisbee Hoogendyk Nitz Steil

Bradstreet Howell Nofs Stewart

Brandenburg Huizenga Palmer Tabor

Casperson Hummel Palsrok Taub

Caswell Hune Pastor Van Regenmorter

Caul Johnson, Rick Pumford Vander Veen

DeRoche Johnson, Ruth Richardville Voorhees

DeRossett Julian Robertson Walker

Drolet Koetje Rocca Ward

Ehardt Kooiman Shackleton Wenke

Emmons Meyer Shaffer Woronchak

Farhat Middaugh Sheen

In The Chair: Julian

Rep. Rivet moved to reconsider the vote by which the House did not adopt the amendment offered previously by Rep. Condino.

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

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

Rep. Condino demanded the yeas and nays.

The demand was supported.

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

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

Roll Call No. 372 Yeas--48

Accavitti Farrah Lipsey Sheltrown

Adamini Gieleghem McConico Smith

Anderson Gillard Meisner Spade

Bieda Gleason Minore Stallworth

Brown Hardman Murphy Tobocman

Byrum Hood O'Neil Vagnozzi

Cheeks Hopgood Phillips Waters

Clack Hunter Plakas Whitmer

Condino Jamnick Pumford Williams

Daniels Kolb Reeves Wojno

Dennis LaSata Rivet Woodward

Elkins Law Sak Zelenko

Nays--58

Acciavatti Garfield Moolenaar Shulman

Amos Hart Mortimer Stahl

Bisbee Hoogendyk Newell Stakoe

Bradstreet Howell Nitz Steil

Brandenburg Huizenga Nofs Stewart

Casperson Hummel Palmer Tabor

Caswell Hune Palsrok Taub

Caul Johnson, Rick Pastor Van Regenmorter

DeRoche Johnson, Ruth Richardville Vander Veen

DeRossett Julian Robertson Voorhees

Drolet Koetje Rocca Walker

Ehardt Kooiman Shackleton Ward

Emmons Meyer Shaffer Wenke

Farhat Middaugh Sheen Woronchak

Gaffney Milosch

In The Chair: Julian

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

The motion prevailed.

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

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

______

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

The motion prevailed.

Rep. Williams moved that Rep. Whitmer be excused temporarily from today's session.

The motion prevailed.

By unanimous consent the House returned to the order of

Third Reading of Bills

House Bill No. 5809, entitled

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

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

Roll Call No. 373 Yeas--65

Acciavatti Garfield Milosch Sheen

Amos Gillard Moolenaar Shulman

Bisbee Hart Mortimer Spade

Bradstreet Hoogendyk Newell Stahl

Brandenburg Howell Nitz Stakoe

Brown Huizenga Nofs Steil

Casperson Hummel Palmer Stewart

Caswell Hune Palsrok Taub

Caul Johnson, Rick Pastor Van Regenmorter

DeRoche Johnson, Ruth Pumford Vander Veen

DeRossett Julian Richardville Voorhees

Drolet Koetje Robertson Walker

Ehardt Kooiman Rocca Ward

Elkins LaSata Sak Wenke

Emmons Meyer Shackleton Wojno

Farhat Middaugh Shaffer Woronchak

Gaffney

Nays--38

Accavitti Gieleghem McConico Sheltrown

Adamini Gleason Meisner Smith

Anderson Hardman Minore Stallworth

Bieda Hood Murphy Tobocman

Cheeks Hopgood O'Neil Vagnozzi

Clack Hunter Phillips Waters

Condino Jamnick Plakas Williams

Daniels Kolb Reeves Woodward

Dennis Law Rivet Zelenko

Farrah Lipsey

In The Chair: Julian

The House agreed to the title of the bill.

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

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

______

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

"Mr. Speaker and members of the House:

I voted no on House Bill 5809 because the bill is wholly unnecessary. Michigan's products liability laws already block the type of obesity-related cases that the bill seeks to block - No such cases have even been filed in Michigan and only two such cases have been filed nationwide and both were summarily dismissed. It is hard to imagine how we could face a flood of obesity cases under the current law.

Granting immunity protection against liability should be granted rarely, and only on matters where sound public policy reasons support a grant of immunity. This is not such a case. Clearly, the effort is a classic example of a solution in search of a problem and is based more on scoring political points than effecting any meaningful change in the law. What is worse is that the number and nature of the bill's supporters seems to indicate a desire to grant this sort of protection to other industries as well."

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:

Clearly, this bill is a classic example of a solution in search of a problem and is based more on scoring political points than effecting any meaningful or intelligent change in the law. Advocates for consumer protection and legal authorities overwhelming agree that exemptions to liability should be granted rarely, and only on matters where sound public policy reasons support a grant of immunity. This is not one of those situations. Our state already has a very effective products liability law that blocks the type of obesity-related cases that the bill seeks to block -- it should be noted by the members that no such case have been filed in Michigan and ONLY two cases have been filed nationwide and both were summarily dismissed. It is hard to imagine how we could face a flood of obesity cases under the current law, or why a change in the law is even needed. Thus, I voted no on HB 5809 (H-2)."

By unanimous consent the House returned to the order of

Motions and Resolutions

Rep. Richardville moved that Rule 45 be suspended.

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

Rep. Richardville moved that the Committee on Appropriations be discharged from further consideration of House Bill No. 5527.

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

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

Second Reading of Bills

Rep. Richardville moved that Rule 48 be suspended.

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

House Bill No. 5527, entitled

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

The bill was read a second time.

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

The motion prevailed.

Rep. Richardville moved to reconsider the vote by which the House placed the bill on the order of Third Reading of Bills.

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

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

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

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

The motion prevailed.

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

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

______

Rep. Minore moved that Rep. Jamnick be excused temporarily from today's session.

The motion prevailed.

By unanimous consent the House returned to the order of

Third Reading of Bills

House Bill No. 5527, entitled

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

Roll Call No. 374 Yeas--55

Acciavatti Garfield Moolenaar Shulman

Amos Hoogendyk Mortimer Stahl

Bisbee Howell Newell Stakoe

Bradstreet Huizenga Nitz Steil

Brandenburg Hummel Nofs Tabor

Casperson Hune Palmer Taub

Caswell Johnson, Rick Palsrok Van Regenmorter

DeRoche Johnson, Ruth Pastor Vander Veen

DeRossett Julian Richardville Voorhees

Drolet Koetje Robertson Walker

Ehardt Kooiman Rocca Ward

Emmons Meyer Shackleton Wenke

Farhat Middaugh Shaffer Woronchak

Gaffney Milosch Sheen

Nays--51

Accavitti Farrah Lipsey Smith

Adamini Gieleghem McConico Spade

Anderson Gillard Meisner Stallworth

Bieda Gleason Minore Stewart

Brown Hardman Murphy Tobocman

Byrum Hart O'Neil Vagnozzi

Caul Hood Phillips Waters

Cheeks Hopgood Plakas Whitmer

Clack Hunter Pumford Williams

Condino Jamnick Reeves Wojno

Daniels Kolb Rivet Woodward

Dennis LaSata Sak Zelenko

Elkins Law Sheltrown

In The Chair: Julian

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

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

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

The motion prevailed.

The House agreed to the title as amended.

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

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

______

Rep. Meisner, 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:

During the course of the last year, this body has been forced to make some very difficult choices. As a result of the structural imbalance in our state budget, we have made cuts that have been very deep and that have had a negative impact on our citizenry. In response to this crisis, our Governor has put forth a very reasonable proposal to increase the tax on cigarettes that would help resolve this problem. The majority of Michigan residents support the Governor's proposal, as do I. I voted against this bill because it is irresponsible and unnecessary when the Governor's proposal is before us. Cutting is not inherently bad, but cutting to the point that we degrade quality of life in Michigan is contrary to the forward progress of this state."

Reps. Zelenko, Jamnick, Anderson, Kolb, Accavitti and Elkins, 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 HB 5527 because the bill made severe cuts in next year's budget in programs of importance to Michigan's citizens. Furthermore the bill was brought before the full House this evening with no discussion on its impact on our state.

The bill will cause $52 million in cuts to the Medicaid program, an action that will cause 45,000 people to lose Medicaid coverage, seniors and others who are not able to afford medical coverage any other way. This will only serve to increase costs on other parts of the health care system, namely our hospitals and doctors.

It also reduces funding to relative day care providers, an action that will only serve to increase pressure on working families and give them less options for making sure their children are in good care.

Cuts to the Dept. of Transportation will mean fewer less jobs at a time when we can least afford to cut funding to jobcreation programs. The reduction in funds will mean that key road projects in counties across the state will go unfunded."

Reps. Dennis, Brown, Gillard and Law, 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 HB 5527 because the bill makes severe cuts in next year's budget in programs of importance to Michigan's citizens. Furthermore the bill was brought before the full House this evening with no discussion on its impact on our state. It also violates Article 4, Section 31 of the state constitution which makes clear that such a bill cannot be voted on and passed until such time that an actual budget is in place. As of this moment no budget has been enacted for the 2005 fiscal year.

The bill makes $52 million in cuts to the Medicaid program, an action that will cause 45,000 people to lose Medicaid coverage...seniors and others who are not able to afford medical coverage any other way. This will only serve to increase costs on other parts of the health care system, namely our hospitals and doctors.

It also reduces funding to relative day care providers, an action that will only serve to increase pressure on working families and give them fewer options for making sure their children are in good care.

Cuts to the Dept. of Transportation will mean fewer jobs at a time when we can least afford to cut funding to job creation programs. The reduction in funds will mean that key road projects in counties across the state will go unfunded."

Reps. Waters, Adamini, Condino, Bieda, Hunter, Plakas, Phillips, Vagnozzi and O'Neil, 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 HB 5527 for the following reasons. First, this so-called 'appropriations bill' was offered disingenuously in the middle of the night, allowing no one time to read it before voting on it. Moreover, it is clearly and embarrassingly unconstitutional.

Article IV, Section 31 of the Michigan Constitution states that 'The general appropriation bills for the succeeding fiscal period covering items set forth in the budget shall be passed or rejected in either house of the legislature before that house passes any appropriation bill for items not in the budget except bills supplementing appropriations for the current fiscal year's operation.'

This provision of the Constitution has been interpreted for the past forty years to mean that the Legislature may not act to subvert the appropriations process in the way it attempted tonight. Attorney General Opinion Number 4292 of 1964 stated as follows: 'Each house of the legislature is required by Section 31, Article IV, Constitution of 1963, by a voteof its members to either pass or reject the governor's general appropriations bills before that house passes any appropriation bill for items not in the budget except bills supplementing appropriations for the current fiscal year's operation.'

The bill makes $52 million in cuts to the Medicaid program, an action that will cause 45,000 people to lose Medicaid coverage, seniors and others who are not able to afford medical coverage any other way. This will only serve to increase costs on other parts of the health care system, namely our hospitals and doctors.

Cuts to the Department of Transportation will mean fewer jobs at a time when we can least afford to cut funding to job creation programs. The reduction in funds will also mean that key road projects in counties across the state will go unfunded."

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

The motion prevailed.

______

Rep. Farrah moved that the House adjourn.

The motion prevailed, the time being 11:35 p.m.

The Speaker Pro Tempore declared the House adjourned until Thursday, May 20, at 10:00 a.m.

GARY L. RANDALL

Clerk of the House of Representatives