No. 60

STATE OF MICHIGAN

JOURNAL

OF THE

House of Representatives

92nd Legislature

REGULAR SESSION OF 2004

House Chamber, Lansing, Thursday, June 24, 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--present	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--e/d/s	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--excused	Waters--present
DeRossett--present	Kolb--present	Richardville--present	Wenke--present
Drolet--present	Kooiman--present	Rivet--present	Whitmer--present
Ehardt--present	LaJoy--present	Robertson--present	Williams--present
Elkins--present	LaSata--present	Rocca--present	Wojno--present
Emmons--present	Law--present	Sak--present	Woodward--present
Farhat--present	Lipsey--present	Shackleton--present	Woronchak--present
Farrah--present	McConico--present	Shaffer--present	Zelenko--present

Gaffney--present

e/d/s = entered during session

Rep. Tom Meyer, from the 84th District, offered the following invocation:

"Lord of all ages, grant us the wisdom as we convene here today in the Michigan legislature. Grant us the wisdom to make wise decisions. We thank You for the gift of Your Son, Jesus Christ. We pray this in His name, Amen."

______

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

The motion prevailed.

Messages from the Senate

House Bill No. 5632, entitled

A bill to amend 1993 PA 327, entitled "An act to provide for a tax upon the sale and distribution of tobacco products; to regulate and license manufacturers, wholesalers, secondary wholesalers, vending machine operators, unclassified acquirers, transportation companies, transporters, and retailers of tobacco products; to prescribe the powers and duties of the revenue division and the department of treasury in regard to tobacco products; to provide for the administration, collection, and disposition of the tax; to levy an assessment; to provide for the administration, collection, defense, and disposition of the assessment; to provide for the enforcement of this act; to provide for the appointment of special investigators as peace officers for the enforcement of this act; to prescribe penalties and provide remedies for the violation of this act; and to repeal acts and parts of acts," by amending sections 7 and 12 (MCL 205.427 and 205.432), as amended by 2002 PA 503.

The Senate has concurred in the House amendments to the Senate substitute (S-11).

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

______

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

The motion prevailed.

The Speaker laid before the House

House Bill No. 5232, entitled

A bill to amend 1978 PA 368, entitled "Public health code," by amending sections 20920, 20921, and 20923 (MCL 333.20920, 333.20921, and 333.20923), as amended by 2000 PA 375.

(The bill was received from the Senate on June 23, with substitute (S-2), title amendment and immediate effect given by the Senate, consideration of which, under the rules, was postponed until today, see House Journal No. 59, p. 1429.)

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. 548 Yeas--104

 

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

Nays--0

In The Chair: Julian

The House agreed to the title as amended.

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

The Speaker laid before the House

House Bill No. 4232, entitled

A bill to amend 1998 PA 58, entitled "Michigan liquor control code of 1998," by amending section 531 (MCL 436.1531), as amended by 2002 PA 725.

(The bill was received from the Senate on June 23, with substitute (S-1), full title inserted and immediate effect given by the Senate, consideration of which, under the rules, was postponed until today, see House Journal No. 59, p. 1426.)

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

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

Roll Call No. 549 Yeas--95

 

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

Nays--9

 

Bieda	Johnson, Ruth	Stahl	Voorhees
Bradstreet	Nofs	Van Regenmorter	Ward

Hager

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. 4930, entitled

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

(The bill was received from the Senate on June 23, with substitute (S-1), full title inserted and immediate effect given by the Senate, consideration of which, under the rules, was postponed until today, see House Journal No. 59, p. 1428.)

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

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

Roll Call No. 550 Yeas--56

 

Adamini	Gillard	Meyer	Rocca
Amos	Gleason	Middaugh	Sak
Anderson	Hopgood	Mortimer	Shackleton
Bisbee	Howell	Murphy	Sheen
Brown	Hunter	Newell	Shulman
Caul	Johnson, Rick	Nitz	Steil
Condino	Julian	O'Neil	Tabor
Daniels	Koetje	Palsrok	Vagnozzi
Dennis	Kolb	Pappageorge	Walker
Ehardt	Kooiman	Phillips	Waters
Emmons	LaSata	Plakas	Wenke
Farrah	Lipsey	Pumford	Williams
Gaffney	McConico	Richardville	Wojno
Gieleghem	Meisner	Rivet	Woronchak

Nays--44

 

Accavitti	Elkins	Johnson, Ruth	Stahl
Acciavatti	Farhat	LaJoy	Stakoe
Bieda	Garfield	Law	Stewart
Bradstreet	Hager	Milosch	Taub
Brandenburg	Hardman	Moolenaar	Tobocman
Casperson	Hood	Nofs	Van Regenmorter
Caswell	Hoogendyk	Pastor	Vander Veen
Clack	Huizenga	Robertson	Voorhees
DeRoche	Hummel	Shaffer	Ward
DeRossett	Hune	Sheltrown	Woodward
Drolet	Jamnick	Spade	Zelenko

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. 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.

(The bill was received from the Senate on June 23, with substitute (S-1) and immediate effect given by the Senate, consideration of which, under the rules, was postponed until today, see House Journal No. 59, p. 1429.)

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

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

Roll Call No. 551 Yeas--104

 

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

Nays--0

In The Chair: Julian

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

______

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

"Mr. Speaker and members of the House:

I was absent from the Chamber when the vote was taken on Roll Call Nos. 548-555. Had I been present, I would have voted 'yea'."

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

"Mr. Speaker and members of the House:

I was absent from the Chamber when the vote was taken on Roll Call Nos. 548-551. Had I been present, I would have voted 'yea'."

______

Rep. Hood moved that Rep. Dennis be excused temporarily from today's session.

The motion prevailed.

The Speaker laid before the House

House Bill No. 4062, entitled

A bill to amend 1978 PA 368, entitled "Public health code," by amending section 21799a (MCL 333.21799a).

(The bill was received from the Senate on June 23, with substitute (S-2), title amendment and immediate effect given by the Senate, consideration of which, under the rules, was postponed until today, see House Journal No. 59, p. 1426.)

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. 552 Yeas--105

 

Accavitti	Gieleghem	Meisner	Sheen
Acciavatti	Gillard	Meyer	Sheltrown
Adamini	Gleason	Middaugh	Shulman
Amos	Hager	Milosch	Smith
Anderson	Hardman	Minore	Spade
Bieda	Hart	Moolenaar	Stahl
Bisbee	Hood	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
Clack	Jamnick	Pappageorge	Vander Veen
Condino	Johnson, Rick	Pastor	Voorhees
Daniels	Johnson, Ruth	Phillips	Walker
DeRoche	Julian	Plakas	Ward
DeRossett	Koetje	Pumford	Waters
Drolet	Kolb	Richardville	Wenke
Ehardt	Kooiman	Rivet	Whitmer
Elkins	LaJoy	Robertson	Williams
Emmons	LaSata	Rocca	Wojno
Farhat	Law	Sak	Woodward
Farrah	Lipsey	Shackleton	Woronchak
Gaffney	McConico	Shaffer	Zelenko

Garfield

Nays--0

In The Chair: Julian

The House agreed to the title as amended.

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

Second Reading of Bills

House Bill No. 5894, entitled

A bill to amend 1984 PA 192, entitled "Forbes mechanical contractors act," by amending sections 6 and 10 (MCL 338.976 and 338.980), section 10 as amended by 1997 PA 119.

The bill was read a second time.

Rep. Stakoe 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. Stakoe 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. 5894, entitled

A bill to amend 1984 PA 192, entitled "Forbes mechanical contractors act," by amending sections 6 and 10 (MCL 338.976 and 338.980), section 10 as amended by 1997 PA 119.

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

Roll Call No. 553 Yeas--105

 

Accavitti	Gieleghem	Meisner	Sheen
Acciavatti	Gillard	Meyer	Sheltrown
Adamini	Gleason	Middaugh	Shulman
Amos	Hager	Milosch	Smith
Anderson	Hardman	Minore	Spade
Bieda	Hart	Moolenaar	Stahl
Bisbee	Hood	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
Clack	Jamnick	Pappageorge	Vander Veen
Condino	Johnson, Rick	Pastor	Voorhees
Daniels	Johnson, Ruth	Phillips	Walker
DeRoche	Julian	Plakas	Ward
DeRossett	Koetje	Pumford	Waters
Drolet	Kolb	Richardville	Wenke
Ehardt	Kooiman	Rivet	Whitmer
Elkins	LaJoy	Robertson	Williams
Emmons	LaSata	Rocca	Wojno
Farhat	Law	Sak	Woodward
Farrah	Lipsey	Shackleton	Woronchak
Gaffney	McConico	Shaffer	Zelenko

Garfield

Nays--0

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

Reports of Standing Committees

The Speaker laid before the House

House Resolution No. 285.

A resolution to express support for the mission of Rural Partners of Michigan and calling for increased investment in this work.

(For text of resolution, see House Journal No. 57, p. 1355.)

(The resolution was reported by the Committee on Agriculture and Resource Management on June 22, consideration of which, under the rules, was postponed until June 23.)

The question being on the adoption of the resolution,

The resolution was adopted.

Second Reading of Bills

House Bill No. 5364, entitled

A bill to amend 1949 PA 300, entitled "Michigan vehicle code," by amending sections 252g and 907 (MCL 257.252g and 257.907), section 252g as added by 1981 PA 104 and section 907 as amended by 2003 PA 73, and by adding sections 252h, 252i, 252j, 252k, 252l, 252m, 252n, 252o, 252p, 252q, and 252r; 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-2) previously recommended by the Committee on Transportation,

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

Rep. Daniels moved to substitute (H-5) the bill.

The motion prevailed and the substitute (H-5) was adopted, a majority of the members serving voting therefor.

Rep. Daniels 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. Ward moved that Rep. Stakoe 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. 5364, entitled

A bill to amend 1949 PA 300, entitled "Michigan vehicle code," by amending sections 252g and 907 (MCL 257.252g and 257.907), section 252g as added by 1981 PA 104 and section 907 as amended by 2003 PA 73, and by adding sections 252h, 252i, 252j, 252k, 252l, 252m, 252n, 252o, 252p, 252q, and 252r; and to repeal acts and parts of acts.

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

Roll Call No. 554 Yeas--102

 

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

Gaffney McConico

Nays--1

Caswell

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 240, 252a, 252b, 252c, 252d, 252e, 252f, 252g, and 907 (MCL 257.240, 257.252a, 257.252b, 257.252c, 257.252d, 257.252e, 257.252f, 257.252g, and 257.907), section 240 as amended by 1999 PA 267, section 252a as amended by 2002 PA 649, sections 252b and 252c as amended and sections 252e, 252f, and 252g as added by 1981 PA 104, section 252d as amended by 2000 PA 76, and section 907 as amended by 2004 PA 62, and by adding sections 252h, 252i, 252j, 252k, and 252l.

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.

Reps. Stewart, Kolb, Jamnick, DeRossett, Julian, Palmer, Law, Wojno, Taub, Garfield, Hune, Milosch and Nofs were named co-sponsors of the bill.

Second Reading of Bills

Senate Bill No. 874, entitled

A bill to amend 1998 PA 492, entitled "An act to authorize the state administrative board to convey certain parcels of state owned property in Oakland county and Genesee county; to provide for certain powers and duties of the department of management and budget and certain municipalities in regard to that property; to prescribe conditions for the conveyances; and to provide for disposition of the revenue derived from the conveyances; and to alter certain use restrictions," by amending section 3.

The bill was read a second time.

Rep. Phillips 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. Kooiman 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

Senate Bill No. 874, entitled

A bill to amend 1998 PA 492, entitled "An act to authorize the state administrative board to convey certain parcels of state owned property in Oakland county and Genesee county; to provide for certain powers and duties of the department of management and budget and certain municipalities in regard to that property; to prescribe conditions for the conveyances; and to provide for disposition of the revenue derived from the conveyances; and to alter certain use restrictions," by amending section 3.

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

Roll Call No. 555 Yeas--105

 

Accavitti	Garfield	McConico	Shaffer
Acciavatti	Gieleghem	Meisner	Sheen
Adamini	Gillard	Meyer	Sheltrown
Amos	Gleason	Middaugh	Shulman
Anderson	Hager	Milosch	Smith
Bieda	Hardman	Minore	Spade
Bisbee	Hart	Moolenaar	Stahl
Bradstreet	Hood	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
Clack	Hunter	Palsrok	Vander Veen
Condino	Jamnick	Pappageorge	Voorhees
Daniels	Johnson, Rick	Pastor	Walker
Dennis	Johnson, Ruth	Phillips	Ward
DeRoche	Julian	Plakas	Waters
DeRossett	Koetje	Pumford	Wenke
Drolet	Kolb	Richardville	Whitmer
Ehardt	Kooiman	Rivet	Williams
Elkins	LaJoy	Robertson	Wojno
Emmons	LaSata	Rocca	Woodward
Farhat	Law	Sak	Woronchak
Farrah	Lipsey	Shackleton	Zelenko

Gaffney

Nays--0

In The Chair: Julian

The House agreed to the title of the bill.

Second Reading of Bills

House Bill No. 5874, entitled

A bill to amend 1978 PA 368, entitled "Public health code," by amending section 16648 (MCL 333.16648), as amended by 1998 PA 496.

The bill was read a second time.

Rep. Kooiman 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. 5874, entitled

A bill to amend 1978 PA 368, entitled "Public health code," by amending section 16648 (MCL 333.16648), as amended by 1998 PA 496.

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

Roll Call No. 556 Yeas--105

 

Accavitti	Garfield	McConico	Shaffer
Acciavatti	Gieleghem	Meisner	Sheen
Adamini	Gillard	Meyer	Sheltrown
Amos	Gleason	Middaugh	Shulman
Anderson	Hager	Milosch	Smith
Bieda	Hardman	Minore	Spade
Bisbee	Hart	Moolenaar	Stahl
Bradstreet	Hood	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
Clack	Hunter	Palsrok	Vander Veen
Condino	Jamnick	Pappageorge	Voorhees
Daniels	Johnson, Rick	Pastor	Walker
Dennis	Johnson, Ruth	Phillips	Ward
DeRoche	Julian	Plakas	Waters
DeRossett	Koetje	Pumford	Wenke
Drolet	Kolb	Richardville	Whitmer
Ehardt	Kooiman	Rivet	Williams
Elkins	LaJoy	Robertson	Wojno
Emmons	LaSata	Rocca	Woodward
Farhat	Law	Sak	Woronchak
Farrah	Lipsey	Shackleton	Zelenko

Gaffney

Nays--0

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.

______

The Speaker Pro Tempore called Associate Speaker Pro Tempore Vander Veen to the Chair.

Second Reading of Bills

House Bill No. 6021, entitled

A bill to amend 1978 PA 368, entitled "Public health code," by amending section 17766 (MCL 333.17766), as amended by 1990 PA 30, and by adding section 17766d.

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

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

Rep. Adamini moved to amend the bill as follows:

1. Amend page 6, following line 9, by inserting:

"Enacting section 1. It is the intent of this legislature that the department of corrections shall employ no fewer than 7 pharmacists after the enactment of this amendatory act.".

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

Rep. Adamini demanded the yeas and nays.

The demand was supported.

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

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

Roll Call No. 557 Yeas--43

 

Accavitti	Farrah	Lipsey	Smith
Adamini	Gieleghem	McConico	Spade
Anderson	Gillard	Meisner	Tobocman
Bieda	Gleason	Minore	Vagnozzi
Brown	Hardman	Murphy	Waters
Byrum	Hood	O'Neil	Whitmer
Clack	Hopgood	Phillips	Williams
Condino	Hunter	Plakas	Wojno
Daniels	Jamnick	Rivet	Woodward
Dennis	Kolb	Sak	Zelenko
Elkins	Law	Sheltrown

Nays--62

 

Acciavatti	Hager	Milosch	Shaffer
Amos	Hart	Moolenaar	Sheen
Bisbee	Hoogendyk	Mortimer	Shulman
Bradstreet	Howell	Newell	Stahl
Brandenburg	Huizenga	Nitz	Steil
Casperson	Hummel	Nofs	Stewart
Caswell	Hune	Palmer	Tabor
Caul	Johnson, Rick	Palsrok	Taub
DeRoche	Johnson, Ruth	Pappageorge	Van Regenmorter
DeRossett	Julian	Pastor	Vander Veen
Drolet	Koetje	Pumford	Voorhees
Ehardt	Kooiman	Richardville	Walker
Emmons	LaJoy	Robertson	Ward
Farhat	LaSata	Rocca	Wenke
Gaffney	Meyer	Shackleton	Woronchak

Garfield Middaugh

In The Chair: Vander Veen

Rep. Pumford 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. 6021, entitled

A bill to amend 1978 PA 368, entitled "Public health code," by amending section 17766 (MCL 333.17766), as amended by 1990 PA 30, and by adding section 17766d.

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

Roll Call No. 558 Yeas--91

 

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

Nays--14

 

Accavitti	Hardman	Law	Smith
Condino	Hood	McConico	Waters
Daniels	Hopgood	Murphy	Williams

Farrah Jamnick

In The Chair: Vander Veen

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.

Reps. DeRossett, Richardville, Kooiman, Voorhees, Middaugh, Julian, Hummel, Vander Veen, Howell, Palmer, Pastor, Brandenburg, DeRoche, Amos, Hune, Robertson, Shaffer, Sheen, Huizenga and Palsrok were named co-sponsors of the bill.

______

Rep. Law, 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 6021. My primary concern is of safety issues during the re-issuance of drugs. Outsourcing of the pharmacist jobs from DOC leaves an opening for liability due to dispensing error. This is an instance of the people of the State of Michigan having all the liability and none of the responsibility (Employer/employee relations). While pleased with the cost savings and an avid recycler this bill may prove to be a prescription for disaster."

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:

I voted 'No' on House Bill 6021 because this bill is the result of efforts by the Department of Corrections to privatize pharmacy services in our prison system and will result in the loss of Michigan jobs. This bill also allows registered nurses (RNs) and licensed practical nurses (LPNs) to oversee pharmacy operations when these positions should be filled by qualified pharmacists to protect the safety of the medications being dispensed."

Rep. Waters, 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:

Although I support the concept of this legislation, I am concerned that the bill lacks sufficient protections against the risks to Michigan residents of privatization of this state function. This risk was exacerbated when the House defeated Amendment Number 2 to the bill today."

Second Reading of Bills

House Bill No. 6025, entitled

A bill to amend 1893 PA 206, entitled "The general property tax act," (MCL 211.1 to 211.157) by adding section 7hh.

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

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

Rep. Milosch 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. 6025, entitled

A bill to amend 1893 PA 206, entitled "The general property tax act," (MCL 211.1 to 211.157) by adding section 7hh.

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

Roll Call No. 559 Yeas--100

 

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

Nays--1

Jamnick

In The Chair: Vander Veen

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.

______

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 against HB 6025 because it offers another opportunity to business which in reality only has the impact of making communities in Michigan compete against one another for the same businesses."

Second Reading of Bills

Senate Bill No. 599, entitled

A bill to amend 1979 PA 94, entitled "The state school aid act of 1979," by amending section 6 (MCL 388.1606), as amended by 2003 PA 158.

The bill was read a second time.

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

1. Amend page 18, following line 2, by inserting:

"Sec. 82. (1) In order to receive state school aid under this act, the board of an intermediate district of an intermediate district that does not include a school district of the first class and that has a combined pupil membership of at least 75,000 pupils among its constituent districts, the intermediate school board shall place on the ballot in the intermediate district at the June 2005 election the question of ceasing intermediate district operations and diverting all intermediate school district tax revenue to the constituent districts of the intermediate district.

(2) The question under subsection (1) shall be in substantially the following form:

"Shall the __________ (insert name of intermediate school district) cease its operations and divert all intermediate school district tax revenue to the constituent districts of the intermediate school district?

Yes ( )

No ( )".".

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

Rep. Kooiman 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

Senate Bill No. 599, entitled

A bill to amend 1979 PA 94, entitled "The state school aid act of 1979," by amending section 6 (MCL 388.1606), as amended by 2003 PA 158.

The bill was read a third time.

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

House Bill No. 5881, entitled

A bill to amend 1995 PA 279, entitled "Horse racing law of 1995," by amending sections 9 and 14 (MCL 431.309 and 431.314), section 9 as amended by 2000 PA 164 and section 14 as amended by 1998 PA 408.

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

The substitute (H-1) was not adopted, a majority of the members serving not voting therefor.

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

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

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

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

Rep. Meisner moved to amend the bill as follows:

1. Amend page 5, following line 15, by inserting:

"(10) A track license shall not be issued under this section if the new license would result in harmful competition among existing racetracks." and renumbering the remaining subsection.

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

______

Rep. Hood moved that Reps. Hardman and Waters 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. 5881, entitled

A bill to amend 1995 PA 279, entitled "Horse racing law of 1995," by amending sections 9 and 14 (MCL 431.309 and 431.314), section 9 as amended by 2000 PA 164 and section 14 as amended by 1998 PA 408.

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

Roll Call No. 560 Yeas--87

 

Accavitti	Farhat	Lipsey	Sak
Acciavatti	Farrah	McConico	Shackleton
Adamini	Gaffney	Meisner	Shaffer
Amos	Gieleghem	Meyer	Sheltrown
Anderson	Gillard	Middaugh	Smith
Bieda	Gleason	Milosch	Spade
Bisbee	Hager	Moolenaar	Steil
Brandenburg	Hart	Mortimer	Stewart
Brown	Hood	Murphy	Tabor
Byrum	Hopgood	Nitz	Taub
Casperson	Howell	Nofs	Tobocman
Caswell	Hummel	O'Neil	Vagnozzi
Caul	Hune	Palsrok	Walker
Clack	Hunter	Pappageorge	Ward
Condino	Jamnick	Pastor	Wenke
Daniels	Johnson, Rick	Phillips	Whitmer
Dennis	Julian	Plakas	Williams
DeRossett	Koetje	Pumford	Wojno
Drolet	Kolb	Richardville	Woodward
Ehardt	LaJoy	Rivet	Woronchak
Elkins	LaSata	Robertson	Zelenko
Emmons	Law	Rocca

Nays--16

 

Bradstreet	Huizenga	Newell	Stahl
DeRoche	Johnson, Ruth	Palmer	Van Regenmorter
Garfield	Kooiman	Sheen	Vander Veen
Hoogendyk	Minore	Shulman	Voorhees

In The Chair: Vander Veen

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 1995 PA 279, entitled "Horse racing law of 1995," by amending section 9 (MCL 431.309), as amended by 2000 PA 164.

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. Stahl moved that his name be removed as co-sponsor of the bill.

The motion prevailed.

______

Rep. Minore, 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 believe that this bill sets in place an artificial time limit on track applications -- and that background investigations and concerns about community impact and financial viability may require additional time. Unlike many other permits, track permits are complex and require enormous investment as well as extensive review. I believe the artificial time limit may 'push through' applications before a thorough review is completed."

Second Reading of Bills

House Bill No. 6026, entitled

A bill to amend 2000 PA 146, entitled "Obsolete property rehabilitation act," by amending section 10 (MCL 125.2790).

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

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

Rep. Hummel 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. 6026, entitled

A bill to amend 2000 PA 146, entitled "Obsolete property rehabilitation act," by amending section 10 (MCL 125.2790).

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

Roll Call No. 561 Yeas--103

 

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

Nays--1

Jamnick

In The Chair: Vander Veen

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.

______

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 against HB 6026 because this is presents another opportunity for our local governments to compete against each other for the same businesses."

Second Reading of Bills

House Bill No. 5914, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending section 40116 (MCL 324.40116), as amended by 1996 PA 154.

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

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

Rep. Rivet 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. Palmer moved that Reps. Rick Johnson and Shulman be excused from the balance of today's session.

The motion prevailed.

Rep. Nitz moved that Rep. Caswell 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. 5914, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending section 40116 (MCL 324.40116), as amended by 1996 PA 154.

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

Roll Call No. 562 Yeas--73

 

Accavitti	Hart	Middaugh	Sheltrown
Adamini	Hood	Milosch	Smith
Amos	Hoogendyk	Mortimer	Spade
Bieda	Hopgood	Murphy	Stahl
Bradstreet	Howell	Newell	Steil
Byrum	Hunter	Nitz	Stewart
Caul	Johnson, Ruth	Palsrok	Tabor
Condino	Julian	Pappageorge	Taub
Daniels	Koetje	Pastor	Tobocman
Dennis	Kolb	Phillips	Vagnozzi
Ehardt	Kooiman	Plakas	Van Regenmorter
Elkins	LaJoy	Pumford	Vander Veen
Emmons	LaSata	Richardville	Waters
Farrah	Law	Rivet	Wenke
Gaffney	Lipsey	Rocca	Whitmer
Gieleghem	McConico	Sak	Williams
Gillard	Meisner	Shaffer	Wojno
Hager	Meyer	Sheen	Woronchak

Hardman

Nays--29

 

Acciavatti	DeRossett	Hune	Robertson
Anderson	Drolet	Jamnick	Shackleton
Bisbee	Farhat	Minore	Voorhees
Brandenburg	Garfield	Moolenaar	Walker
Brown	Gleason	Nofs	Ward
Casperson	Huizenga	O'Neil	Woodward
Clack	Hummel	Palmer	Zelenko

DeRoche

In The Chair: Vander Veen

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.

Rep. Minore moved that his name be removed as co-sponsor of the bill.

The motion prevailed.

______

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

"Mr. Speaker and members of the House:

I was absent from the Chamber when the vote was taken on Roll Call No. 562. Had I been present, I would have voted 'yea'."

______

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 HB 5914 because I was not convinced this bill was necessary nor is it realistic in the hunting environment. While well intentioned, I believe this bill is impractical and problematic for Michigan hunters."

Rep. Zelenko, 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:

While I believe the bill is well intended, I argue that if hunter orange is so important to the prevention of hunting accidents than it should be required for all firearm hunting seasons and on blinds on private land as well."

Second Reading of Bills

House Bill No. 5958, entitled

A bill to amend 1975 PA 228, entitled "Single business tax act," (MCL 208.1 to 208.145) by adding section 37g.

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

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

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

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

Rep. Huizenga 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. Cheeks entered the House Chambers.

By unanimous consent the House returned to the order of

Third Reading of Bills

House Bill No. 5958, entitled

A bill to amend 1975 PA 228, entitled "Single business tax act," (MCL 208.1 to 208.145) by adding section 37g.

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

Roll Call No. 563 Yeas--95

 

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

Nays--9

 

Bradstreet	Hart	Pappageorge	Stahl
Caswell	LaSata	Pumford	Ward

Garfield

In The Chair: Vander Veen

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, Daniels, Anderson, Stewart, Zelenko, Kolb, DeRossett, Voorhees, Smith, Hood, Farrah, Law, Brandenburg, Bieda, Condino, Accavitti, Byrum and Gillard were named co-sponsors of the bill.

Second Reading of Bills

House Bill No. 5959, entitled

A bill to amend 1933 PA 167, entitled "General sales tax act," (MCL 205.51 to 205.78) by adding section 4bb.

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

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

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

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

Rep. Huizenga moved to amend the bill as follows:

1. Amend page 2, line 5, after "2257," by striking out "video," and inserting "or".

2. Amend page 2, line 5, after "series" by striking out the comma through "commercial" on line 6.

The motion prevailed and the amendments were 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. 5959, entitled

A bill to amend 1933 PA 167, entitled "General sales tax act," (MCL 205.51 to 205.78) by adding section 4bb.

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

Roll Call No. 564 Yeas--93

 

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

Farrah

Nays--11

 

Bradstreet	Garfield	Middaugh	Sheltrown
Caswell	Hart	Pappageorge	Stahl
Caul	LaSata	Pumford

In The Chair: Vander Veen

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. 5960, entitled

A bill to amend 1937 PA 94, entitled "Use tax act," (MCL 205.91 to 205.111) by adding section 4y.

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

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

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

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

Rep. Huizenga moved to amend the bill as follows:

1. Amend page 2, line 5, after "2257," by striking out "video," and inserting "or".

2. Amend page 2, line 5, after "series" by striking out the comma through "commercial" on line 6.

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

Rep. Murphy 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. 5960, entitled

A bill to amend 1937 PA 94, entitled "Use tax act," (MCL 205.91 to 205.111) by adding section 4y.

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

Roll Call No. 565 Yeas--93

 

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

Farrah

Nays--11

 

Bradstreet	Garfield	Middaugh	Sheltrown
Caswell	Hart	Pappageorge	Stahl
Caul	LaSata	Pumford

In The Chair: Vander Veen

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. 6027, entitled

A bill to amend 1975 PA 228, entitled "Single business tax act," (MCL 208.1 to 208.145) by adding section 37h.

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

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

Rep. Huizenga moved to substitute (H-2) the bill.

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

Rep. Huizenga moved to amend the bill as follows:

1. Amend page 1, line 5, after "2257," by striking out "video," and inserting "or".

2. Amend page 1, line 5, after "series" by striking out the comma through "commercial" on line 6.

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

Rep. Smith 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. 6027, entitled

A bill to amend 1975 PA 228, entitled "Single business tax act," (MCL 208.1 to 208.145) by adding section 37h.

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

Roll Call No. 566 Yeas--94

 

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

Farhat Lipsey

Nays--10

 

Bradstreet	Hart	Plakas	Sheltrown
Caswell	LaSata	Pumford	Stahl

Garfield Pappageorge

In The Chair: Vander Veen

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

The motion prevailed.

By unanimous consent the House returned to the order of

Motions and Resolutions

Reps. Hart, Kooiman, Gieleghem, Pumford, Hopgood, Meisner, Spade, Hager, Gleason, Kolb, Farrah, Law, Murphy, Condino, Zelenko, Ruth Johnson, Lipsey, Vagnozzi, Elkins, Stewart, Vander Veen, Shulman, Wojno, Minore, Shaffer, Woronchak, Gaffney, Ward, Sak, O'Neil, Clack, Stallworth, Woodward, Byrum, Waters, Anderson, Hardman, Accavitti, Adamini, Bieda, Caul, Daniels, Dennis, Ehardt, Farhat, Gillard, Jamnick, Phillips, Plakas, Richardville, Tobocman and Voorhees offered the following concurrent resolution:

House Concurrent Resolution No. 65.

A concurrent resolution to request the Michigan Department of Education and the Family Independence Agency to extend the duration of the Michigan After-School Initiative and expand the scope of its membership and efforts.

Whereas, In 2003, the Michigan House of Representatives requested the Department of Education and the Family Independence Agency to convene a task force to develop quality after-school programs for all Michigan children. This initiative centered on efforts to assess the status of after-school services in Michigan, including identifying the number of children and youth served statewide in after-school programs and to develop a plan to ensure quality after-school programs for every school-age child in the state; and

Whereas, The Michigan After-School Initiative's survey found that 449,928 children are home alone after school in Michigan and potentially in need of programs during the hours they are not in school. The survey of Michigan households indicated that nearly one-third of Michigan's children are left to care for themselves for one to five days per week, and research shows that the likelihood of high-risk behaviors increases when youth are home alone 10 or more hours a week; and

Whereas, Structured experiences for youth provide excellent economic returns in that after-school programs can reduce child care costs, improve school performance, increase compensation/future taxable income earnings, reduce crime costs, and reduce welfare costs; and

Whereas, Almost 70 percent of all Michigan school-age children live in families where the sole parent or both parents work. Being unsupervised during the non-school hours puts children and youth at greater risk of truancy, performing poorly in school, depression, substance abuse, and becoming a victim of crime; and

Whereas, Providing structured experiences for youth can positively impact the public's health, as nearly 40 percent of Michigan youth say they engage in insufficient amount of physical activity. At least 10.7 percent of high school youth are overweight, and 13.3 percent are at risk for becoming overweight. It is far more likely that overweight youth will be overweight as adults, and the direct and indirect costs associated with physical inactivity in Michigan in 2002 are estimated at $8.9 billion; and

Whereas, The survey also found that 71 percent of families are without after-school programs and that 48 percent of Michigan families who do not have after-school care wish their children could attend after-school programs; and

Whereas, Research indicates that children who attend high-quality, out-of-school programs have better peer relations, emotional adjustment, conflict resolution skills, grades, and conduct in school compared to their peers who are not in out-of-school-time programs; and

Whereas, Children who attend quality out-of-school-time programs spend more time in learning opportunities, academic activities, and enrichment activities and spend less time watching television than their peers; and

Whereas, Parents and youth interviewed for the Michigan After-School Initiative detailed time and time again the positive difference out-of-school-time programs made in their lives and the lives of their families; and

Whereas, The 2003 task force report issued by the Michigan After-School Initiative focused on actions that would strengthen the state's ability to support high-quality, affordable, out-of-school-time programs and recommended policy changes in the areas of funding, interagency collaboration, capacity building, community collaboration, and evaluation. Implementing these recommendations will require the continued collaboration, focus, and commitment of the Michigan Department of Education and the Family Independence Agency; and

Whereas, The recommendations of the Michigan After-School Initiative reflect the expertise of parents and more than 70 representatives from 45 organizations that included state agencies, public institutions, and private nonprofit organizations with extensive experience in education, youth development, research, violence prevention, juvenile justice, child care, volunteerism, business, and social work. It is imperative for Michigan's school-age children and youth that the collaboration that produced this shared vision for out-of-school-time programming continue; and

Whereas, Hundreds of thousands of Michigan children and youth will be denied the opportunity to participate in activities that can help them reach their full potential and avoid the negative choices that are costly and detrimental to society if the state fails to implement the recommendations of the Michigan After-School Initiative: 1) to reinforce and extend existing public support for after-school programs; 2) to develop state structures and policies that support quality after-school programming; 3) to identify and facilitate access to sustainable funding mechanisms for existing after-school programs; 4) to ensure that all Michigan school-age children have access to a variety of quality after-school programs that enhance physical, social, emotional, and cognitive development; and 5) to alleviate after-school childcare burdens of working parents and caregivers; and

Whereas, The Michigan After-School Initiative's report recommended that the Legislature extend the duration of the initiative and to include oversight of the implementation plan; now, therefore, be it

Resolved by the House of Representatives (the Senate concurring), That we request the Michigan Department of Education and the Family Independence Agency to extend the duration of the Michigan After-School Initiative, to rename it the Michigan After-School Partnership, and to oversee efforts to implement the policy recommendations and strategic next steps identified in the Michigan After-School Initiative's report; and be it further

Resolved, That we urge that participation in the Michigan After-School Partnership be expanded beyond the membership of the initial Michigan After-School Initiative to increase the representation of parents, youth, foundations, employers, and others with experience in education, child care, after-school and youth development services, and crime and violence prevention and to include representation from the Department of Community Health; and be it further

Resolved, That we urge the Michigan After-School Partnership to work diligently with the private sector to understand the out-of-school-time needs of employed parents and their families, and that the partnership engage the public and private sectors in building and sustaining high quality out-of-school-time programs; and be it further

Resolved, That we urge that each year, on or before December 31, the Michigan After-School Partnership report its progress in reaching the recommendations set forth in the Michigan After-School Initiative's report to the Legislature and the Governor; and be it further

Resolved, That copies of this resolution be transmitted to the Michigan Department of Education and the Family Independence Agency.

The concurrent resolution was referred to the Committee on Education.

Reports of Standing Committees

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

House Bill No. 4523, entitled

A bill to amend 1949 PA 300, entitled "Michigan vehicle code," (MCL 257.1 to 257.923) by adding section 803r.

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. Casperson, Hummel, DeRoche, Gaffney, Hune, Huizenga, LaJoy, Robertson, Ward, Anderson, Jamnick, Gleason, Tobocman, Adamini, Murphy and Elkins

Nays: None

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

House Bill No. 5920, entitled

A bill to amend 1980 PA 119, entitled "Motor carrier fuel tax act," by amending section 8 (MCL 207.218), as amended by 1996 PA 584.

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, Huizenga, LaJoy, Robertson and Ward

Nays: Reps. Anderson, Jamnick, Gleason, Tobocman, Adamini, Murphy and Elkins

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

House Resolution No. 272.

A resolution to memorialize the Congress of the United States to enact legislation that will sharply reduce the number of gasoline types required to meet local environmental standards.

(For text of resolution, see House Journal No. 49, p. 1149.)

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. Casperson, Hummel, DeRoche, Gaffney, Hune, Huizenga, LaJoy, Robertson and Ward

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, June 24, 2004

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

The Committee on Judiciary, by Rep. Howell, Chair, reported

House Bill No. 5680, entitled

A bill to amend 1961 PA 236, entitled "Revised judicature act of 1961," by amending sections 6215, 6231, and 6245 (MCL 600.6215, 600.6231, and 600.6245).

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. Howell, Van Regenmorter, Pappageorge, Voorhees, Gaffney, Garfield, Wenke, Adamini, Bieda, Condino and Smith

Nays: None

The Committee on Judiciary, by Rep. Howell, Chair, reported

House Bill No. 5971, entitled

A bill to amend 1964 PA 170, entitled "An act to make uniform the liability of municipal corporations, political subdivisions, and the state, its agencies and departments, officers, employees, and volunteers thereof, and members of certain boards, councils, and task forces when engaged in the exercise or discharge of a governmental function, for injuries to property and persons; to define and limit this liability; to define and limit the liability of the state when engaged in a proprietary function; to authorize the purchase of liability insurance to protect against loss arising out of this liability; to provide for defending certain claims made against public officers, employees, and volunteers and for paying damages sought or awarded against them; to provide for the legal defense of public officers, employees, and volunteers; to provide for reimbursement of public officers and employees for certain legal expenses; and to repeal acts and parts of acts," by amending sections 1 and 7 (MCL 691.1401 and 691.1407), section 1 as amended by 2001 PA 131 and section 7 as amended by 2000 PA 318.

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. Howell, Van Regenmorter, Koetje, Pappageorge, Voorhees, Gaffney, Garfield, Wenke and Condino

Nays: None

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Thursday, June 24, 2004

Present: Reps. Howell, LaSata, Van Regenmorter, Koetje, Pappageorge, Voorhees, Gaffney, Garfield, Wenke, Adamini, Bieda, Condino and Smith

Absent: Reps. Bradstreet and Lipsey

Excused: Reps. Bradstreet and Lipsey

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Thursday, June 24, 2004

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

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, June 24:

House Bill Nos. 6040 6041 6042 6043 6044 6045

The Clerk announced that the following Senate bills had been received on Thursday, June 24:

Senate Bill Nos. 1274 1302 1303 1304 1305

By unanimous consent the House returned to the order of

Messages from the Senate

House Bill No. 5589, entitled

A bill to amend 1975 PA 238, entitled "An act to require the reporting of child abuse and neglect by certain persons; to permit the reporting of child abuse and neglect by all persons; to provide for the protection of children who are abused or neglected; to authorize limited detainment in protective custody; to authorize medical examinations; to prescribe the powers and duties of the state department of social services to prevent child abuse and neglect; to prescribe certain powers and duties of local law enforcement agencies; to safeguard and enhance the welfare of children and preserve family life; to provide for the appointment of legal counsel; to provide for the abrogation of privileged communications; to provide civil and criminal immunity for certain persons; to provide rules of evidence in certain cases; to provide for confidentiality of records; to provide for the expungement of certain records; to prescribe penalties; and to repeal certain acts and parts of acts," by amending section 8 (MCL 722.628), as amended by 2002 PA 690.

The Senate has concurred in the House amendment to the Senate amendments.

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

House Bill No. 5743, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," (MCL 324.101 to 324.90106) by adding section 20513.

The Senate has passed the bill, ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title.

The House agreed to the full title.

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

House Bill No. 5742, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," (MCL 324.101 to 324.90106) by adding part 205.

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

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

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

Senate Bill No. 1240, entitled

A bill to amend 1975 PA 197, entitled "An act to provide for the establishment of a downtown development authority; to prescribe its powers and duties; to correct and prevent deterioration in business districts; to encourage historic preservation; to authorize the acquisition and disposal of interests in real and personal property; to authorize the creation and implementation of development plans in the districts; to promote the economic growth of the districts; to create a board; to prescribe its powers and duties; to authorize the levy and collection of taxes; to authorize the issuance of bonds and other evidences of indebtedness; to authorize the use of tax increment financing; to reimburse downtown development authorities for certain losses of tax increment revenues; and to prescribe the powers and duties of certain state officials," by amending sections 1 and 7 (MCL 125.1651 and 125.1657), section 1 as amended by 2004 PA 66 and section 7 as amended by 1985 PA 221.

The Senate has substituted (S-2) the House substitute (H-1).

The Senate has concurred in the House substitute (H-1) as substituted (S-2), ordered that the bill be given immediate effect and amended the title to read as follows:

A bill to amend 1975 PA 197, entitled "An act to provide for the establishment of a downtown development authority; to prescribe its powers and duties; to correct and prevent deterioration in business districts; to encourage historic preservation; to authorize the acquisition and disposal of interests in real and personal property; to authorize the creation and implementation of development plans in the districts; to promote the economic growth of the districts; to create a board; to prescribe its powers and duties; to authorize the levy and collection of taxes; to authorize the issuance of bonds and other evidences of indebtedness; to authorize the use of tax increment financing; to reimburse downtown development authorities for certain losses of tax increment revenues; and to prescribe the powers and duties of certain state officials," by amending sections 1 and 7 (MCL 125.1651 and 125.1657), section 1 as amended by 2004 PA 158 and section 7 as amended by 1985 PA 221.

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

Senate Bill No. 1274, entitled

A bill to amend 1975 PA 228, entitled "Single business tax act," (MCL 208.1 to 208.145) by adding section 37f.

The Senate has passed the bill.

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

Senate Bill No. 1302, entitled

A bill to amend 1984 PA 385, entitled "Technology park development act," by amending section 12 (MCL 207.712), as amended by 1996 PA 445.

The Senate has passed the bill.

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

Senate Bill No. 1303, entitled

A bill to amend 1990 PA 100, entitled "City utility users tax act," by amending section 5 of chapter 1 (MCL 141.1155), as amended by 1998 PA 241.

The Senate has passed the bill.

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

Senate Bill No. 1304, 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 11 (MCL 207.561), as amended by 2001 PA 157.

The Senate has passed the bill.

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

Senate Bill No. 1305, entitled

A bill to amend 1953 PA 189, entitled "An act to provide for the taxation of lessees and users of tax-exempt property," (MCL 211.181 to 211.182) by adding section 1a.

The Senate has passed the bill.

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

Notices

Pursuant to Rule 44, the Speaker has made the following reassignment:

Senate Bill No. 1171 referred to the Committee on Transportation.

Introduction of Bills

Rep. Ward introduced

House Bill No. 6046, entitled

A bill to amend 1972 PA 230, entitled "Stille-DeRossett-Hale single state construction code act," by amending section 4 (MCL 125.1504), as amended by 1999 PA 245.

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

Rep. Ward introduced

House Bill No. 6047, entitled

A bill to amend 2003 PA 226, entitled "Joint municipal planning act," by amending section 5 (MCL 125.135).

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

Reps. Koetje, Voorhees, Kooiman, Vander Veen, Hummel, Wenke, Pappageorge and Ward introduced

House Bill No. 6048, entitled

A bill to amend 1998 PA 58, entitled "Michigan liquor control code of 1998," (MCL 436.1101 to 436.2303) by adding section 504.

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

Reps. Koetje, Voorhees, Kooiman, Vander Veen, Hummel, Wenke, Pappageorge and Ward introduced

House Bill No. 6049, entitled

A bill to amend 1921 PA 207, entitled "City and village zoning act," (MCL 125.581 to 125.600) by adding section 3d.

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

Reps. Rivet and Bradstreet introduced

House Bill No. 6050, entitled

A bill to amend 1991 PA 179, entitled "Michigan telecommunications act," (MCL 484.2101 to 484.2701) by adding section 508.

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

Reps. Farrah, Tobocman, Condino, Elkins, Sheltrown, Vagnozzi, Adamini, Brown, Palsrok, Wojno, Accavitti, Acciavatti, Plakas, Dennis, Gillard, Sak, O'Neil, Gaffney, Caswell, Nofs, Hunter, Hopgood and Stakoe introduced

House Bill No. 6051, entitled

A bill to amend 1964 PA 170, entitled "An act to make uniform the liability of municipal corporations, political subdivisions, and the state, its agencies and departments, officers, employees, and volunteers thereof, and members of certain boards, councils, and task forces when engaged in the exercise or discharge of a governmental function, for injuries to property and persons; to define and limit this liability; to define and limit the liability of the state when engaged in a proprietary function; to authorize the purchase of liability insurance to protect against loss arising out of this liability; to provide for defending certain claims made against public officers, employees, and volunteers and for paying damages sought or awarded against them; to provide for the legal defense of public officers, employees, and volunteers; to provide for reimbursement of public officers and employees for certain legal expenses; and to repeal acts and parts of acts," by amending sections 1 and 7 (MCL 691.1401 and 691.1407), section 1 as amended by 2001 PA 131 and section 7 as amended by 2000 PA 318, and by adding section 7c.

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

Reps. Meisner, Huizenga, Steil, Gaffney, Hopgood, Condino, Wojno, Lipsey, Bieda and Stewart introduced

House Bill No. 6052, entitled

A bill to amend 1980 PA 299, entitled "Occupational code," by amending sections 303a and 601 (MCL 339.303a and 339.601), section 303a as amended by 1995 PA 183 and section 601 as amended by 1998 PA 250, and by adding article 28; and to repeal acts and parts of acts.

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

Reps. Huizenga, Gaffney, Wojno, Steil, Stewart, Julian, Hopgood, Lipsey, Meisner, Bieda and Condino introduced

House Bill No. 6053, entitled

A bill to amend 1972 PA 230, entitled "Stille-DeRossett-Hale single state construction code act," by amending section 2a (MCL 125.1502a), as added by 1999 PA 245, and by adding section 10a.

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

Reps. Meisner, Gaffney, Wojno, Steil, Julian, Hopgood, Lipsey, Huizenga, Bieda and Condino introduced

House Bill No. 6054, entitled

A bill to amend 1979 PA 152, entitled "State license fee act," (MCL 338.2201 to 338.2277) by adding section 19.

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

Reps. Kolb, Law, Vagnozzi, Gleason, Woodward, Dennis and Sak introduced

House Bill No. 6055, entitled

A bill to amend 1997 PA 16, entitled "The playground equipment safety act," by amending the title and section 6 (MCL 408.686).

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

______

Rep. Hune moved that the House adjourn.

The motion prevailed, the time being 1:00 p.m.

The Speaker Pro Tempore declared the House adjourned until Tuesday, June 29, at 1:00 p.m.

GARY L. RANDALL

Clerk of the House of Representatives