2004-HJ-05-27-048.htm

No. 48

STATE OF MICHIGAN

JOURNAL

OF THE

House of Representatives

92nd Legislature

REGULAR SESSION OF 2004

House Chamber, Lansing, Thursday, May 27, 2004.

10:00 a.m.

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

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

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

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

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

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

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

Bieda--present Hardman--present Moolenaar--present Stahl--present

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

Bradstreet--present Hood--excused Murphy--present Stallworth--excused

Brandenburg--present Hoogendyk--present Newell--present Steil--present

Brown--present Hopgood--present Nitz--present Stewart--present

Byrum--present Howell--present Nofs--present Tabor--present

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

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

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

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

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

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

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

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

DeRoche--present Koetje--present Reeves--e/d/s 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. Jim Howell, from the 94th District, offered the following invocation:

"Dear Lord, we ask that You give us wisdom today as we make decisions that will affect the citizens of this state. We ask that You watch over us and provide us with strength and good judgment. We ask, Lord, that You watch over our men and women who put their lives in jeopardy every day to protect our rights, guard our borders, and fight for us in other lands. As we celebrate and memorialize our heroes this coming Monday Memorial Day we ask that You guide our thoughts and prayers to those who have given their lives for this great country, as well as their families. We ask this inYour name. Amen."

______

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

The motion prevailed.

Motions and Resolutions

The Speaker, on behalf of the entire membership of the House of Representatives, offered the following resolution:

House Resolution No. 270.

A resolution recognizing Michigan residents who have given their lives in Operation Enduring Freedom and Operation Iraqi Freedom.

Whereas, It is with great respect for the unselfishness that marked their entire lives, that we offer this expression of tribute to honor the men and women of our military; and

Whereas, SGT Trevor A. Blumberg, of Canton, Michigan, died in action on September 14, 2003; and

Whereas, SP4 Artimus Brassfield, of Flint, Michigan, died in action on October 24, 2003; and

Whereas, PFC Damian S. Bushart, of Waterford, Michigan, died in a vehicle accident on November 22, 2003; and

Whereas, CPT Paul J. Cassidy, of Laingsburg, Michigan, died on July 13, 2003; and

Whereas, SSG Thomas W. Christensen, of Atlantic Mine, Michigan, died in action on December 25, 2003; and

Whereas, PFC Juan Guadelupe Garza, of Temperance, Michigan, died in action on April 8, 2003; and

Whereas, SP4 Richard A. Goward, of Midland, Michigan, died in a vehicle accident on April 14, 2003; and

Whereas, SSG Stephen C. Hattamer, of Gwinn, Michigan, died in action on December 25, 2003; and

Whereas, SFC Mark W. Jackson, of Glennie, Michigan, died in an explosion on October 2, 2002; and

Whereas, SSG Paul J. Johnson, of Calumet, Michigan, died in action on October 20, 2003; and

Whereas, PFC Holly J. McGeogh, of Taylor, Michigan, died in action on January 31, 2004; and

Whereas, PFC Jason Meyer, of Swartz Creek, Michigan, died in action on April 8, 2003; and

Whereas, MAJ Kevin G. Nave, of Union Lake, Michigan, died in a vehicle accident on March 26, 2003; and

Whereas, MSG William L. Payne, of Otsego, Michigan, died in an ordnance explosion on May 16, 2003; and

Whereas, SGT Michael Pederson, of Flint, Michigan, died in a helicopter crash on April 2, 2003; and

Whereas, SSG Brett J. Petriken, of Flint, Michigan, died in a vehicle accident on May 26, 2003; and

Whereas, Senior Airman Jason T. Plite, of Delta Township, Michigan, died in a helicopter crash on March 23, 2003; and

Whereas, SGT Sean C. Reynolds, of East Lansing, Michigan, died of a gunshot wound on May 3, 2003; and

Whereas, SGT Todd J. Robbins, of Pentwater, Michigan, died in action on April 3, 2003; and

Whereas, PFC Richard Rosas, of St. Louis, Michigan, died in action on May 25, 2004; and

Whereas, SSG Scott D. Sather, of Clio, Michigan, died in action on April 8, 2003; and

Whereas, SSG Michael Sutter, stationed at Camp Grayling, Michigan, died while disarming an explosive on December 26, 2003; and

Whereas, SP4 Richard K. Trevithick, of Gaines, Michigan, died in action on April 14, 2004; and

Whereas, SSG Mark D. Vasquez, of Port Huron, Michigan, died in action on November 8, 2003; and

Whereas, SP4 Donald Wheeler, of Concord, Michigan, died in action on October 13, 2003; and

Whereas, PFC Jason G. Wright, of Luzeme, Michigan, died in action on December 8, 2003;and

Whereas, TSGT Howard A. Walters, of Port Huron, Michigan, died in a helicopter crash on November 23, 2003; therefore, be it

Resolved by the House of Representatives, That the members of this legislative body recognize the Michigan residents who have given their lives in Operation Enduring Freedom and Operation Iraqi Freedom; and be it further

Resolved, That this document is signed and dedicated to offer our highest tribute to the men and women of our military as we honor the memory of those who gave their lives for our great nation.

The question being on the adoption of the resolution,

The resolution was adopted.

Second Reading of Bills

House Bill No. 5647, entitled

A bill to amend 1927 PA 175, entitled "The code of criminal procedure," by amending sections 1 and 3 of chapter XI (MCL 771.1 and 771.3), section 1 as amended by 2002 PA 666 and section 3 as amended by 2003 PA 101.

The bill was read a second time.

Rep. Howell 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. Hoogendyk moved that Rep. Sheen 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. 5647, 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. 401 Yeas--105

Accavitti Gaffney McConico Shaffer

Acciavatti Garfield Meisner Sheltrown

Adamini Gieleghem Meyer Shulman

Amos Gillard Middaugh Smith

Anderson Gleason Milosch Spade

Bieda Hager Minore Stahl

Bisbee Hardman Moolenaar Stakoe

Bradstreet Hart Mortimer Steil

Brandenburg Hoogendyk Murphy Stewart

Brown Hopgood Newell Tabor

Byrum Howell Nitz Taub

Casperson Huizenga Nofs Tobocman

Caswell Hummel O'Neil Vagnozzi

Caul Hune Palmer Van Regenmorter

Cheeks Hunter Palsrok Vander Veen

Clack Jamnick Pappageorge Voorhees

Condino Johnson, Rick Pastor Walker

Daniels Johnson, Ruth Phillips Ward

Dennis Julian Plakas Waters

DeRoche Koetje Pumford Wenke

DeRossett Kolb Richardville Whitmer

Drolet Kooiman Rivet Williams

Ehardt LaJoy Robertson Wojno

Elkins LaSata Rocca Woodward

Emmons Law Sak Woronchak

Farhat Lipsey Shackleton Zelenko

Farrah

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. 5674, entitled

A bill to amend 1927 PA 175, entitled "The code of criminal procedure," by amending sections 4a, 16a, and 31 of chapter IX (MCL 769.4a, 769.16a, and 769.31), section 4a as amended by 2001 PA 208, section 16a as amended by 2001 PA 204, and section 31 as amended by 2002 PA 31, and by adding section 4b to chapter IX.

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. Acciavatti 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. 5674, 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. 402 Yeas--105

Farrah

Nays--0

In The Chair: Julian

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

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

A bill to amend 1927 PA 175, entitled "The code of criminal procedure," by amending sections 4a, 16a, and 31 of chapter IX and section 56 of chapter XVII (MCL 769.4a, 769.16a, 769.31, and 777.56), section 4a of chapter IX as amended by 2001 PA 208, section 16a of chapter IX as amended by 2001 PA 204, section 31 of chapter IX as amended by 2002 PA 31, and section 56 of chapter XVII as added by 1998 PA 317.

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. 5716, entitled

A bill to amend 1939 PA 288, entitled "Probate code of 1939," by amending sections 6 and 18 of chapter XIIA (MCL 712A.6 and 712A.18), section 6 as amended by 1996 PA 409 and section 18 as amended by 2003 PA 71.

The bill was read a second time.

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

The motion prevailed.

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

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

By unanimous consent the House returned to the order of

Third Reading of Bills

House Bill No. 5716, 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. 403 Yeas--106

Accavitti Gaffney Meisner Sheen

Acciavatti Garfield Meyer Sheltrown

Adamini Gieleghem Middaugh Shulman

Amos Gillard Milosch Smith

Anderson Gleason Minore Spade

Bieda Hager Moolenaar Stahl

Bisbee Hardman Mortimer Stakoe

Bradstreet Hart Murphy Steil

Brandenburg Hoogendyk Newell Stewart

Brown Hopgood Nitz Tabor

Byrum Howell Nofs Taub

Casperson Huizenga O'Neil Tobocman

Caswell Hummel Palmer Vagnozzi

Caul Hune Palsrok Van Regenmorter

Cheeks Hunter Pappageorge Vander Veen

Clack Jamnick Pastor Voorhees

Condino Johnson, Rick Phillips Walker

Daniels Johnson, Ruth Plakas Ward

Dennis Julian Pumford Waters

DeRoche Koetje Richardville Wenke

DeRossett Kolb Rivet Whitmer

Drolet Kooiman Robertson Williams

Ehardt LaJoy Rocca Wojno

Elkins LaSata Sak Woodward

Emmons Law Shackleton Woronchak

Farhat Lipsey Shaffer Zelenko

Farrah McConico

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. 5763, entitled

A bill to amend 1961 PA 236, entitled "Revised judicature act of 1961," by amending sections 6023 and 6027 (MCL 600.6023 and 600.6027), section 6023 as amended by 1998 PA 61.

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. 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.

By unanimous consent the House returned to the order of

Third Reading of Bills

House Bill No. 5763, entitled

A bill to amend 1961 PA 236, entitled "Revised judicature act of 1961," by amending sections 6023 and 6027 (MCL 600.6023 and 600.6027), section 6023 as amended by 1998 PA 61.

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

Roll Call No. 404 Yeas--106

Farrah McConico

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 1961 PA 236, entitled "Revised judicature act of 1961," (MCL 600.101 to 600.9947) by adding chapter 54a and section 6023a.

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. 5928, entitled

A bill to amend 1931 PA 328, entitled "The Michigan penal code," by amending sections 350a and 430 (MCL 750.350a and 750.430), section 350a as amended by 1996 PA 14 and section 430 as amended by 2003 PA 235.

The bill was read a second time.

Rep. Condino 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. 5928, 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. 405 Yeas--106

Farrah McConico

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. 5932, entitled

A bill to amend 1925 PA 289, entitled "An act to create and maintain a fingerprint identification and criminal history records division within the department of state police; to require peace officers, persons in charge of certain institutions, and others to make reports respecting juvenile offenses, crimes, and criminals to the state police; to require the fingerprinting of an accused by certain persons; and to provide penalties and remedies for a violation of this act," by amending section 3 (MCL 28.243), as amended by 2002 PA 694.

Was read a second time, and the question being on the adoption of the proposed amendment previously recommended by the Committee on Judiciary (for amendment, see House Journal No. 46, p. 1070),

The amendment 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.

By unanimous consent the House returned to the order of

Third Reading of Bills

House Bill No. 5932, 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. 406 Yeas--105

Accavitti Gaffney Meisner Sheen

Acciavatti Gieleghem Meyer Sheltrown

Adamini Gillard Middaugh Shulman

Amos Gleason Milosch Smith

Anderson Hager Minore Spade

Bieda Hardman Moolenaar Stahl

Bisbee Hart Mortimer Stakoe

Bradstreet Hoogendyk Murphy Steil

Brandenburg Hopgood Newell Stewart

Brown Howell Nitz Tabor

Byrum Huizenga Nofs Taub

Casperson Hummel O'Neil Tobocman

Caswell Hune Palmer Vagnozzi

Caul Hunter Palsrok Van Regenmorter

Cheeks Jamnick Pappageorge Vander Veen

Clack Johnson, Rick Pastor Voorhees

Condino Johnson, Ruth Phillips Walker

Daniels Julian Plakas Ward

Dennis Koetje Pumford Waters

DeRoche Kolb Richardville Wenke

DeRossett Kooiman Rivet Whitmer

Drolet LaJoy Robertson Williams

Ehardt LaSata Rocca Wojno

Elkins Law Sak Woodward

Emmons Lipsey Shackleton Woronchak

Farhat McConico Shaffer Zelenko

Farrah

Nays--1

Garfield

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. 1160, entitled

A bill to amend 2001 PA 142, entitled "Michigan memorial highway act," (MCL 250.1001 to 250.1100) by adding section 82.

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. Reeves entered the House Chambers.

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

The motion prevailed.

By unanimous consent the House returned to the order of

Third Reading of Bills

Senate Bill No. 1160, entitled

A bill to amend 2001 PA 142, entitled "Michigan memorial highway act," (MCL 250.1001 to 250.1100) by adding section 82.

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

Roll Call No. 407 Yeas--106

Accavitti Garfield Meyer Sheen

Acciavatti Gieleghem Middaugh Sheltrown

Adamini Gillard Milosch Shulman

Amos Gleason Minore Smith

Anderson Hager Moolenaar Spade

Bieda Hardman Mortimer Stahl

Bisbee Hart Murphy Stakoe

Bradstreet Hoogendyk Newell Steil

Brandenburg Hopgood Nitz Stewart

Brown Howell Nofs Tabor

Byrum Huizenga O'Neil Taub

Casperson Hummel Palmer Tobocman

Caswell Hune Palsrok Vagnozzi

Caul Hunter Pappageorge Van Regenmorter

Cheeks Jamnick Pastor Vander Veen

Clack Johnson, Rick Phillips Voorhees

Condino Johnson, Ruth Plakas Walker

Daniels Julian Pumford Ward

Dennis 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

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 consolidate prior acts naming certain Michigan highways; to provide for the naming of certain highways; to prescribe certain duties of the state transportation department; and to repeal acts and parts of acts and certain resolutions,"

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. 1179, entitled

A bill to amend 2001 PA 142, entitled "Michigan memorial highway act," (MCL 250.1001 to 250.1100) by adding section 74.

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. 1179, entitled

A bill to amend 2001 PA 142, entitled "Michigan memorial highway act," (MCL 250.1001 to 250.1100) by adding section 74.

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

Roll Call No. 408 Yeas--106

Gaffney Meisner

Nays--0

In The Chair: Julian

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

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. 4930, entitled

A bill to amend 1998 PA 58, entitled "Michigan liquor control code of 1998," by amending section 515 (MCL 436.1515).

Was read a second time, and the question being on the adoption of the proposed amendment previously recommended by the Committee on Regulatory Reform (for amendment, see House Journal No. 46, p. 1071),

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

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

The motion prevailed.

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

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

By unanimous consent the House returned to the order of

Third Reading of Bills

House Bill No. 4930, entitled

A bill to amend 1998 PA 58, entitled "Michigan liquor control code of 1998," by amending section 515 (MCL 436.1515).

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

Roll Call No. 409 Yeas--60

Adamini Hager Meisner Shackleton

Amos Hart Meyer Sheen

Anderson Hopgood Middaugh Shulman

Bisbee Howell Mortimer Smith

Brown Hune Murphy Stakoe

Byrum Hunter Nitz Steil

Caul Johnson, Rick O'Neil Vagnozzi

Cheeks Julian Palsrok Walker

Condino Koetje Pappageorge Ward

Daniels Kolb Phillips Waters

Dennis Kooiman Plakas Wenke

Farrah LaJoy Pumford Whitmer

Gaffney LaSata Richardville Williams

Gieleghem Lipsey Rocca Wojno

Gillard McConico Sak Woronchak

Nays--43

Accavitti Emmons Milosch Spade

Acciavatti Farhat Moolenaar Stahl

Bieda Garfield Newell Stewart

Bradstreet Gleason Nofs Tabor

Brandenburg Hardman Palmer Taub

Casperson Hoogendyk Pastor Tobocman

Caswell Huizenga Reeves Van Regenmorter

Clack Hummel Rivet Voorhees

DeRossett Jamnick Robertson Woodward

Drolet Johnson, Ruth Shaffer Zelenko

Elkins Law Sheltrown

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. 5492, entitled

A bill to amend 1998 PA 58, entitled "Michigan liquor control code of 1998," (MCL 436.1101 to 436.2303) by adding section 514a.

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

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

Rep. Wenke 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. 5492, entitled

A bill to amend 1998 PA 58, entitled "Michigan liquor control code of 1998," (MCL 436.1101 to 436.2303) by adding section 514a.

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

Roll Call No. 410 Yeas--75

Accavitti Gaffney Lipsey Sak

Adamini Gieleghem McConico Shackleton

Amos Gillard Meisner Shulman

Anderson Gleason Meyer Smith

Bieda Hardman Middaugh Stakoe

Bisbee Hart Minore Steil

Brown Hopgood Mortimer Stewart

Byrum Howell Murphy Tobocman

Casperson Hune Nitz Vagnozzi

Caswell Hunter Nofs Walker

Caul Jamnick O'Neil Ward

Cheeks Johnson, Rick Palsrok Waters

Clack Julian Pappageorge Wenke

Condino Koetje Phillips Whitmer

Daniels Kolb Plakas Williams

Dennis Kooiman Pumford Wojno

Ehardt LaJoy Richardville Woronchak

Farhat LaSata Rivet Zelenko

Farrah Law Rocca

Nays--31

Acciavatti Hager Palmer Stahl

Bradstreet Hoogendyk Pastor Tabor

Brandenburg Huizenga Reeves Taub

DeRossett Hummel Robertson Van Regenmorter

Drolet Johnson, Ruth Shaffer Vander Veen

Elkins Milosch Sheen Voorhees

Emmons Moolenaar Sheltrown Woodward

Garfield Newell Spade

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. Nitz moved that Rep. Garfield be excused temporarily from today's session.

The motion prevailed.

By unanimous consent the House returned to the order of

Messages from the Senate

The Speaker laid before the House

House Bill No. 5491, entitled

A bill to amend 2001 PA 142, entitled "Michigan memorial highway act," (MCL 250.1001 to 250.1100) by adding section 1080.

(The bill was received from the Senate on May 26, with substitute (S-2), full title inserted and immediate effect given by the Senate, consideration of which, under the rules, was postponed until today, see House Journal No. 47, p. 1108.)

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

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

Roll Call No. 411 Yeas--105

Accavitti Gieleghem Meyer Sheen

Acciavatti Gillard Middaugh Sheltrown

Adamini Gleason Milosch Shulman

Amos Hager Minore Smith

Anderson Hardman Moolenaar Spade

Bieda Hart Mortimer Stahl

Bisbee Hoogendyk Murphy Stakoe

Bradstreet Hopgood Newell Steil

Brandenburg Howell Nitz Stewart

Brown Huizenga Nofs Tabor

Byrum Hummel O'Neil Taub

Casperson Hune Palmer Tobocman

Caswell Hunter Palsrok Vagnozzi

Caul Jamnick Pappageorge Van Regenmorter

Cheeks Johnson, Rick Pastor Vander Veen

Clack Johnson, Ruth Phillips Voorhees

Condino Julian Plakas Walker

Daniels Koetje Pumford Ward

Dennis Kolb Reeves Waters

DeRossett Kooiman Richardville Wenke

Drolet LaJoy Rivet Whitmer

Ehardt LaSata Robertson Williams

Elkins Law Rocca Wojno

Emmons Lipsey Sak Woodward

Farhat McConico Shackleton Woronchak

Farrah Meisner Shaffer Zelenko

Gaffney

Nays--0

In The Chair: Julian

The House agreed to the full title of the bill.

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

The Speaker laid before the House

House Bill No. 5671, entitled

A bill to amend 1909 PA 279, entitled "The home rule city act," by amending section 9 (MCL 117.9), as amended by 1984 PA 352.

(The bill was received from the Senate on May 26, with amendments, full title inserted and immediate effect given by the Senate, consideration of which, under the rules, was postponed until today, see House Journal No. 47, p. 1109.)

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

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

Roll Call No. 412 Yeas--106

Gaffney Meisner

Nays--0

In The Chair: Julian

The House agreed to the full title of the bill.

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

______

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

The motion prevailed.

By unanimous consent the House returned to the order of

Reports of Standing Committees

The Committee on Senior Health, Security and Retirement, by Rep. Woronchak, Chair, reported

House Resolution No. 242.

A resolution to urge the Department of Community Health to work through organizations that provide assistance to senior citizens, such as the Area Agencies on Aging, to provide information on long-term health care options, including community-based services.

(For text of resolution, see House Journal No. 37, p. 842.)

With the recommendation that the resolution be adopted.

The resolution was laid over one day under the rules.

Favorable Roll Call

To Report Out:

Yeas: Reps. Woronchak, Pappageorge, Tabor, Vander Veen and Vagnozzi

Nays: None

The Committee on Senior Health, Security and Retirement, by Rep. Woronchak, Chair, reported

House Concurrent Resolution No. 56.

A concurrent resolution to urge the Department of Community Health to work through organizations that provide assistance to senior citizens, such as the Area Agencies on Aging, to provide information on long-term health care options, including community-based services.

(For text of concurrent resolution, see House Journal No. 37, p. 844.)

With the recommendation that the concurrent resolution be adopted.

The concurrent resolution was laid over one day under the rules.

Favorable Roll Call

To Report Out:

Yeas: Reps. Woronchak, Pappageorge, Tabor, Vander Veen and Vagnozzi

Nays: None

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Thursday, May 27, 2004

Present: Reps. Woronchak, Pappageorge, Tabor, Vander Veen and Vagnozzi

Absent: Reps. Mortimer, Rocca, Stallworth and Zelenko

Excused: Reps. Mortimer, Rocca, Stallworth and Zelenko

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

House Bill No. 4325, entitled

A bill to amend 1949 PA 300, entitled "Michigan vehicle code," by amending section 658 (MCL 257.658), as amended by 2002 PA 494.

Without amendment and with the recommendation that the bill pass.

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

Favorable Roll Call

To Report Out:

Yeas: Reps. DeRossett, Casperson, Hummel, DeRoche, Hune, LaJoy, Ward, Anderson, Gleason and Adamini

Nays: Reps. Gaffney, Jamnick, Tobocman and Murphy

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

House Bill No. 5799, entitled

A bill to amend 1987 PA 231, entitled "An act to create a transportation economic development fund in the state treasury; to prescribe the uses of and distributions from this fund; to create the office of economic development and to prescribe its powers and duties; to prescribe the powers and duties of the state transportation department, state transportation commission, and certain other bodies; and to permit the issuance of certain bonds," by amending section 11 (MCL 247.911), as amended by 1993 PA 149.

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

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

Favorable Roll Call

To Report Out:

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

Nays: None

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

House Bill No. 5800, entitled

A bill to amend 1951 PA 51, entitled "An act to provide for the classification of all public roads, streets, and highways in this state, and for the revision of that classification and for additions to and deletions from each classification; to set up and establish the Michigan transportation fund; to provide for the deposits in the Michigan transportation fund of specific taxes on motor vehicles and motor vehicle fuels; to provide for the allocation of funds from the Michigan transportation fund and the use and administration of the fund for transportation purposes; to set up and establish the truck safety fund; to provide for the allocation of funds from the truck safety fund and administration of the fund for truck safety purposes; to set up and establish the Michigan truck safety commission; to establish certain standards for road contracts for certain businesses; to provide for the continuing review of transportation needs within the state; to authorize the state transportation commission, counties, cities, and villages to borrow money, issue bonds, and make pledges of funds for transportation purposes; to authorize counties to advance funds for the payment of deficiencies necessary for the payment of bonds issued under this act; to provide for the limitations, payment, retirement, and security of the bonds and pledges; to provide for appropriations and tax levies by counties and townships for county roads; to authorize contributions by townships for county roads; to provide for the establishment and administration of the state trunk line fund, critical bridge fund, comprehensive transportation fund, and certain other funds; to provide for the deposits in the state trunk line fund, critical bridge fund, comprehensive transportation fund, and certain other funds of money raised by specific taxes and fees; to provide for definitions of public transportation functions and criteria; to define the purposes for which Michigan transportation funds may be allocated; to provide for Michigan transportation fund grants; to provide for review and approval of transportation programs; to provide for submission of annual legislative requests and reports; to provide for the establishment and functions of certain advisory entities; to provide for conditions for grants; to provide for the issuance of bonds and notes for transportation purposes; to provide for the powers and duties of certain state and local agencies and officials; to provide for the making of loans for transportation purposes by the state transportation department and for the receipt and repayment by local units and agencies of those loans from certain specified sources; and to repeal acts and parts of acts," by amending section 10 (MCL 247.660), as amended by 2003 PA 151.

Without amendment and with the recommendation that the bill pass.

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

Favorable Roll Call

To Report Out:

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

Nays: None

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

Senate Bill No. 241, entitled

A bill to amend 2001 PA 142, entitled "Michigan memorial highway act," (MCL 250.1001 to 250.1100) by adding section 1073.

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

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

Favorable Roll Call

To Report Out:

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

Nays: None

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

Senate Bill No. 1074, entitled

A bill to amend 2001 PA 142, entitled "Michigan memorial highway act," by amending section 17 (MCL 250.1017).

Without amendment and with the recommendation that the bill pass.

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

Favorable Roll Call

To Report Out:

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

Nays: None

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Thursday, May 27, 2004

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

Absent: Rep. Huizenga

Excused: Rep. Huizenga

Announcement by the Clerk of Printing and Enrollment

The Clerk announced that the following bills had been printed and placed upon the files of the members on Thursday, May 27:

House Bill Nos. 5944 5945 5946

Messages from the Governor

Date: May 26, 2004

Time: 2:25 p.m.

To the Speaker of the House of Representatives:

Sir--I have this day approved and signed

Enrolled House Bill No. 4434 (Public Act No. 116, I.E.), being

An act to amend 1927 PA 175, entitled "An act to revise, consolidate, and codify the laws relating to criminal procedure and to define the jurisdiction, powers, and duties of courts, judges, and other officers of the court under the provisions of this act; to provide laws relative to the rights of persons accused of criminal offenses and ordinance violations; to provide for the arrest of persons charged with or suspected of criminal offenses and ordinance violations; to provide for bail of persons arrested for or accused of criminal offenses and ordinance violations; to provide for the examination of persons accused of criminal offenses; to regulate the procedure relative to grand juries, indictments, informations, and proceedings before trial; to provide for trials of persons complained of or indicted for criminal offenses and ordinance violations and to provide for the procedure in those trials; to provide for judgments and sentences of persons convicted of criminal offenses and ordinance violations; to establish a sentencing commission and to prescribe its powers and duties; to provide for procedure relating to new trials and appeals in criminal and ordinance violation cases; to provide a uniform system of probation throughout this state and the appointment of probation officers; to prescribe the powers, duties, and compensation of probation officers; to provide penalties for the violation of the duties of probation officers; to provide for procedure governing proceedings to prevent crime and proceedings for the discovery of crime; to provide for fees of officers, witnesses, and others in criminal and ordinance violation cases; to set forth miscellaneous provisions as to criminal procedure in certain cases; to provide penalties for the violation of certain provisions of this act; and to repeal all acts and parts of acts inconsistent with or contravening any of the provisions of this act," by amending section 3 of chapter XI (MCL 771.3), as amended by 1998 PA 520.

(Filed with the Secretary of State May 26, 2004, at 3:00 p.m.)

Date: May 26, 2004

Time: 2:43 p.m.

To the Speaker of the House of Representatives:

Sir--I have this day approved and signed

Enrolled House Bill No. 4244 (Public Act No. 117, I.E.), being

An act to amend 1980 PA 300, entitled "An act to provide a retirement system for the public school employees of this state; to create certain funds for this retirement system; to provide for the creation of a retirement board within the department of management and budget; to prescribe the powers and duties of the retirement board; to prescribe the powers and duties of certain state departments, agencies, officials, and employees; to prescribe penalties and provide remedies; and to repeal acts and parts of acts," by amending section 91 (MCL 38.1391), as amended by 1998 PA 85.

(Filed with the Secretary of State May 26, 2004, at 3:02 p.m.)

Introduction of Bills

Reps. Palmer, Sheen, Stahl and Hummel introduced

House Bill No. 5947, entitled

A bill to amend 1984 PA 323, entitled "The health care false claim act," by amending section 4 (MCL 752.1004).

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

Reps. Shackleton, Meyer, Stahl and Brown introduced

House Bill No. 5948, entitled

A bill to amend 1976 PA 451, entitled "The revised school code," by amending section 1211 (MCL 380.1211), as amended by 2003 PA 126; and to repeal acts and parts of acts.

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

Rep. Howell introduced

House Bill No. 5949, entitled

A bill to amend 1970 PA 91, entitled "Child custody act of 1970," by amending the title and sections 1, 3, 4, 5, 6, 6a, 6b, 6c, 6e, 7, 7a, 7b, 8, 10, and 11 (MCL 722.21, 722.23, 722.24, 722.25, 722.26, 722.26a, 722.26b, 722.26c, 722.26e, 722.27, 722.27a, 722.27b, 722.28, 722.30, and 722.31), the title and sections 7a and 7b as amended by 1996 PA 19, sections 3, 5, and 6 as amended and sections 6c and 6e as added by 1993 PA 259, section 4 as amended by 1998 PA 482, section 6a as added by 1980 PA 434, section 6b as amended by 2000 PA 60, section 7 as amended by 2001 PA 108, section 10 as added by 1996 PA 304, and section 11 as added by 2000 PA 422.

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

Rep. Wenke introduced

House Bill No. 5950, entitled

A bill to amend 1949 PA 300, entitled "Michigan vehicle code," by amending section 310e (MCL 257.310e), as amended by 2004 PA 71.

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

Reps. Wenke, Howell, Newell, Nofs, Hune, Gaffney, Meyer, Stahl and Stakoe introduced

House Bill No. 5951, entitled

A bill to amend 1949 PA 300, entitled "Michigan vehicle code," by amending sections 625a, 625c, 625d, 625e, and 625f (MCL 257.625a, 257.625c, 257.625d, 257.625e, and 257.625f), sections 625a, 625c, and 625f as amended by 2003 PA 61, section 625d as amended by 1994 PA 211, and section 625e as amended by 1991 PA 104, and by adding section 306a.

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

Reps. Wenke, Howell, Newell, Nofs, Hune, Gaffney, Meyer, Stahl and Stakoe introduced

House Bill No. 5952, entitled

A bill to amend 1927 PA 175, entitled "The code of criminal procedure," by amending section 12d of chapter XVII (MCL 777.12d), as amended by 2002 PA 127.

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

Reps. Sheen, Acciavatti, Drolet, Hoogendyk, Stahl, Howell, Wenke, Palsrok, Shackleton, Newell, Ehardt, LaJoy, Hummel, Caswell, Nofs, Stakoe, Hart, Stewart, DeRoche, Voorhees, Moolenaar, Brandenburg, Garfield, Rocca, Vander Veen, Pastor, Farhat, Hager, Kooiman, Caul, Walker, Huizenga, Gaffney, Hune, Woronchak, Julian, Ward, Meyer, Richardville, Van Regenmorter, Amos, Steil, Emmons, Robertson, Shaffer, Tabor, Casperson, Bradstreet, DeRossett, Koetje, LaSata, Nitz, Taub, Palmer, Mortimer, Bisbee, Shulman, Middaugh, Ruth Johnson, Bieda, Hopgood, Wojno, Condino, Spade, Gleason, Sheltrown, Brown, Anderson, O'Neil, Plakas, Farrah, Kolb and Hardman introduced

House Bill No. 5953, entitled

A bill to amend 1967 PA 281, entitled "Income tax act of 1967," (MCL 206.1 to 206.532) by adding section 438.

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

Reps. Sheen, Acciavatti, Drolet, Hoogendyk, Stahl, Howell, Wenke, Palsrok, Shackleton, Newell, Milosch, Ehardt, LaJoy, Hummel, Caswell, Nofs, Hart, Stewart, Vander Veen, DeRoche, Voorhees, Moolenaar, Brandenburg, Garfield, Rocca, Pastor, Farhat, Hager, Kooiman, Caul, Walker, Huizenga, Gaffney, Hune, Woronchak, Julian, Ward, Meyer, Richardville, Van Regenmorter, Amos, Steil, Emmons, Robertson, Shaffer, Tabor, Casperson, Bradstreet, DeRossett, Koetje, LaSata, Nitz, Taub, Palmer, Mortimer, Bisbee, Shulman, Middaugh, Ruth Johnson, Bieda, Hopgood, Wojno, Condino, Spade, Gleason, Sheltrown, Brown, Anderson, O'Neil, Plakas, Farrah, Kolb and Hardman introduced

House Bill No. 5954, entitled

A bill to establish the military family relief fund in the department of military and veterans affairs to provide assistance to families of certain members of the Michigan national guard or United States armed forces reserve component or United States armed forces reserve on active duty; to provide for the distribution of money from the fund; to prescribe the duties and powers of certain agencies and officials; and to provide for appropriations.

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

Reps. Hopgood, Farrah, Condino, Zelenko, Ward, LaJoy and Ehardt introduced

House Bill No. 5955, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending section 20126 (MCL 324.20126), as amended by 1999 PA 196.

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

Reps. Kolb, Farrah, Accavitti, Bieda, Dennis, Gleason, Gieleghem, Lipsey and Tobocman introduced

House Bill No. 5956, entitled

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

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

Reps. Walker, Farhat, Woronchak, Ward, Moolenaar, Shaffer, Robertson, Drolet, LaJoy, Ehardt, Emmons, Amos, Brandenburg, Vander Veen, Mortimer, Sheen, Milosch, Shackleton, Palsrok, Palmer, Stahl and Pastor introduced

House Bill No. 5957, entitled

A bill to amend 1949 PA 400, entitled "Michigan vehicle code," by amending section 801 (MCL 257.801), as amended by 2003 PA 152.

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

______

Rep. Gillard moved that the House adjourn.

The motion prevailed, the time being 1:10 p.m.

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

GARY L. RANDALL

Clerk of the House of Representatives

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--present	Minore--present	Spade--present
Bieda--present	Hardman--present	Moolenaar--present	Stahl--present
Bisbee--present	Hart--present	Mortimer--present	Stakoe--present
Bradstreet--present	Hood--excused	Murphy--present	Stallworth--excused
Brandenburg--present	Hoogendyk--present	Newell--present	Steil--present
Brown--present	Hopgood--present	Nitz--present	Stewart--present
Byrum--present	Howell--present	Nofs--present	Tabor--present
Casperson--present	Huizenga--present	O'Neil--present	Taub--present
Caswell--present	Hummel--present	Palmer--present	Tobocman--present
Caul--present	Hune--present	Palsrok--present	Vagnozzi--present
Cheeks--present	Hunter--present	Pappageorge--present	Van Regenmorter--present
Clack--present	Jamnick--present	Pastor--present	Vander Veen--present
Condino--present	Johnson, Rick--present	Phillips--present	Voorhees--present
Daniels--present	Johnson, Ruth--present	Plakas--present	Walker--present
Dennis--present	Julian--present	Pumford--present	Ward--present
DeRoche--present	Koetje--present	Reeves--e/d/s	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

Accavitti	Gaffney	McConico	Shaffer
Acciavatti	Garfield	Meisner	Sheltrown
Adamini	Gieleghem	Meyer	Shulman
Amos	Gillard	Middaugh	Smith
Anderson	Gleason	Milosch	Spade
Bieda	Hager	Minore	Stahl
Bisbee	Hardman	Moolenaar	Stakoe
Bradstreet	Hart	Mortimer	Steil
Brandenburg	Hoogendyk	Murphy	Stewart
Brown	Hopgood	Newell	Tabor
Byrum	Howell	Nitz	Taub
Casperson	Huizenga	Nofs	Tobocman
Caswell	Hummel	O'Neil	Vagnozzi
Caul	Hune	Palmer	Van Regenmorter
Cheeks	Hunter	Palsrok	Vander Veen
Clack	Jamnick	Pappageorge	Voorhees
Condino	Johnson, Rick	Pastor	Walker
Daniels	Johnson, Ruth	Phillips	Ward
Dennis	Julian	Plakas	Waters
DeRoche	Koetje	Pumford	Wenke
DeRossett	Kolb	Richardville	Whitmer
Drolet	Kooiman	Rivet	Williams
Ehardt	LaJoy	Robertson	Wojno
Elkins	LaSata	Rocca	Woodward
Emmons	Law	Sak	Woronchak
Farhat	Lipsey	Shackleton	Zelenko