No. 61

STATE OF MICHIGAN

JOURNAL

OF THE

House of Representatives

92nd Legislature

REGULAR SESSION OF 2004

House Chamber, Lansing, Tuesday, June 29, 2004.

1:00 p.m.

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

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

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

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

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

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

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

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

Bisbee--present Hart--excused 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--present Hunter--present Pappageorge--present Van Regenmorter--present

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

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

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

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

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

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

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

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

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

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

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

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

Gaffney--present

e/d/s = entered during session

Rep. Larry Julian, from the 85th District, offered the following invocation:

"Heavenly Father, we thank You for the day You have provided for us to be here to represent our constituents and do the business of this state. We ask that You guide us as You always do and the decisions that we make. We ask that You be with all of our personnel that protect us, not only throughout our counties and state, but throughout the world. We ask all this in Your son Jesus' name, Amen."

______

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

The motion prevailed.

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

The motion prevailed.

Reports of Standing Committees

The Speaker laid before the House

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.)

(The resolution was reported by the Committee on Transportation on June 24, consideration of which, under the rules, was postponed until today.)

The question being on the adoption of the resolution,

Rep. Jamnick moved to substitute (H-1) the resolution as follows:

Substitute for House Resolution No. 272.

A resolution to memorialize the Congress of the United States to review the issue of the number of gasoline types refined across the country, to reduce the number of types of gasoline, and to require those that will help Michigan and the nation meet the highest air quality standards established by the Environmental Protection Agency.

Whereas, While there are many factors that are contributing to the recent swift rise in pump prices for gasoline, a significant element is the number of gasoline types refineries must produce to meet environmental standards of various metropolitan regions across the country. Over the years, federal mandates to improve air quality in areas with problems have resulted in a complicated patchwork of fuel requirements. The large number of fuels is also the result of the strategies individual states have developed to meet federal standards; and

Whereas, While the goals of cleaner air are important challenges that must be met, it seems inefficient on many levels for refineries to have to develop, produce, and deliver so many different types of gasoline. In the Midwest alone, at least seven types of fuel must be made. The impact of these requirements is to raise costs, delay production, disrupt distribution, and reduce the supply. These problems, as Michigan has learned all too well, become far more severe when any unforeseen events, such as a gasoline pipeline accident or a refinery fire, take place; and

Whereas, Although the ultimate goal of a single gasoline type for the entire country at any given time may not be attainable because of the enormous variations in geographical and climatic conditions across America, requiring the country to use the cleanest possible fuel through the fewest types of gasoline can bring great benefits. If refineries across the country have only to make two or three types of gasoline instead of dozens, the inefficiencies of constant reformulations that contribute to price spikes will be substantially reduced. In addition, the country would be using cleaner fuels to enhance air quality not only in ozone nonattainment areas, but everywhere; now, therefore, be it

Resolved by the House of Representatives, That we memorialize the Congress of the United States to review the issue of the number of gasoline types refined across the country, to reduce the number of types of gasoline as much as possible, and to require those that will help Michigan and the nation meet the highest air quality standards established by the Environmental Protection Agency; and be it further

Resolved, That copies of this resolution be transmitted to the President of the United States Senate, the Speaker of the United States House of Representatives, and the members of the Michigan congressional delegation.

The question being on the adoption of the substitute (H-1) offered by Rep. Jamnick,

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

The motion prevailed.

The Committee on Family and Children Services, by Rep. Hager, Chair, reported

House Bill No. 6008, entitled

A bill to amend 1939 PA 288, entitled "Probate code of 1939," by amending section 45 of chapter X (MCL 710.45), as amended by 1996 PA 409.

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

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

Favorable Roll Call

To Report Out:

Yeas: Reps. Hager, Stahl, Hart, Vander Veen, Voorhees, Sheen, Hardman, Clack and Elkins

Nays: None

The Committee on Family and Children Services, by Rep. Hager, Chair, reported

House Bill No. 6009, entitled

A bill to amend 1935 PA 220, entitled "An act to provide family home care for children committed to the care of the state, to create the Michigan children's institute under the control of the Michigan social welfare commission, to prescribe the powers and duties thereof, and to provide penalties for violations of certain provisions of this act," by amending section 2 (MCL 400.202) and by adding section 1a.

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

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

Favorable Roll Call

To Report Out:

Yeas: Reps. Hager, Stahl, Hart, Vander Veen, Voorhees, Sheen, Hardman, Clack and Elkins

Nays: None

The Committee on Family and Children Services, by Rep. Hager, Chair, reported

House Bill No. 6010, entitled

A bill to amend 1939 PA 288, entitled "Probate code of 1939," by amending sections 21a, 22, 23a, 23d, 24, 24a, and 60 of chapter X (MCL 710.21a, 710.22, 710.23a, 710.23d, 710.24, 710.24a, and 710.60), section 21a as added by 1982 PA 72, sections 22, 23d, 24, 24a, and 60 as amended by 1996 PA 409, and section 23a as amended by 1994 PA 373.

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

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

Favorable Roll Call

To Report Out:

Yeas: Reps. Hager, Stahl, Hart, Vander Veen, Voorhees, Sheen, Hardman, Clack and Elkins

Nays: None

COMMITTEE ATTENDANCE REPORT

The following report, submitted by Rep. Hager, Chair, of the Committee on Family and Children Services, was received and read:

Meeting held on: Thursday, June 24, 2004

Present: Reps. Hager, Stahl, Hart, Vander Veen, Voorhees, Sheen, Hardman, Clack and Elkins

The Committee on Veterans Affairs and Homeland Security, by Rep. Nofs, Chair, reported

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.

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. Nofs, Garfield, Pappageorge, Ruth Johnson, Casperson, Woodward, Sheltrown, Spade and Elkins

Nays: None

The Committee on Veterans Affairs and Homeland Security, by Rep. Nofs, Chair, reported

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.

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. Nofs, Garfield, Pappageorge, Ruth Johnson, Casperson, Woodward, Sheltrown, Spade and Elkins

Nays: None

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Tuesday, June 29, 2004

Present: Reps. Nofs, Garfield, Pappageorge, Ruth Johnson, Casperson, Woodward, Sheltrown, Spade and Elkins

Absent: Reps. Richardville and Woronchak

Excused: Reps. Richardville and Woronchak

The Committee on Local Government and Urban Policy, by Rep. Ward, Chair, reported on

House Bill No. 4264, entitled

A bill to amend 1921 PA 207, entitled "City and village zoning act," by amending sections 4a, 5, 11, and 20 (MCL 125.584a, 125.585, 125.591, and 125.600), section 5 as amended by 2000 PA 20, section 11 as amended by 1986 PA 191, and section 20 as amended by 2001 PA 179, and by adding section 9a.

Adverse Roll Call

To Report Out:

Yeas: Rep. Stakoe

Nays: Reps. Ward, Robertson, DeRossett, Hager, Wenke and Accavitti

The Committee on Local Government and Urban Policy, by Rep. Ward, Chair, reported on

House Bill No. 4265, entitled

A bill to amend 1943 PA 183, entitled "County zoning act," by amending sections 16b, 16c, 23, and 40 (MCL 125.216b, 125.216c, 125.223, and 125.240), section 16b as amended by 1989 PA 246 and section 40 as amended by 2001 PA 178, and by adding section 24b.

Adverse Roll Call

To Report Out:

Yeas: None

Nays: Reps. Ward, Robertson, DeRossett, Hager, Stakoe, Wenke, Tobocman and Accavitti

The Committee on Local Government and Urban Policy, by Rep. Ward, Chair, reported on

House Bill No. 4266, entitled

A bill to amend 1943 PA 184, entitled "Township zoning act," by amending sections 16b, 16c, 23, and 40 (MCL 125.286b, 125.286c, 125.293, and 125.310), section 40 as amended by 2001 PA 177, and by adding section 24b.

Adverse Roll Call

To Report Out:

Yeas: None

Nays: Reps. Ward, Robertson, DeRossett, Hager, Stakoe, Wenke and Accavitti

The Committee on Local Government and Urban Policy, by Rep. Ward, Chair, reported

House Bill No. 6028, entitled

A bill to amend 1954 PA 116, entitled "Michigan election law," by amending section 761 (MCL 168.761), as amended by 1996 PA 207.

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. Ward, Robertson, DeRossett, Hager, Stakoe and Wenke

Nays: None

COMMITTEE ATTENDANCE REPORT

The following report, submitted by Rep. Ward, Chair, of the Committee on Local Government and Urban Policy, was received and read:

Meeting held on: Tuesday, June 29, 2004

Present: Reps. Ward, Robertson, DeRossett, Hager, Stakoe, Wenke, Jamnick, Tobocman and Accavitti

Absent: Reps. Drolet and Hardman

Excused: Reps. Drolet and Hardman

The Committee on Agriculture and Resource Management, by Rep. Meyer, Chair, reported

House Bill No. 6018, entitled

A bill to amend 1984 PA 44, entitled "Motor fuels quality act," by amending sections 4, 5, 10, 10a, and 10b (MCL 290.644, 290.645, 290.650, 290.650a, and 290.650b), section 4 as amended by 2003 PA 116 and sections 5, 10a, and 10b as amended by 2002 PA 13.

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. Meyer, Nitz, DeRossett, Hager, Casperson, Hune, Spade and Law

Nays: Rep. Sheltrown

The Committee on Agriculture and Resource Management, by Rep. Meyer, Chair, reported

House Bill No. 6019, entitled

A bill to amend 1964 PA 283, entitled "Weights and measures act," by amending sections 29, 31, and 31a (MCL 290.629, 290.631, and 290.631a), section 29 as amended by 1986 PA 194 and section 31 as amended and section 31a as added by 2002 PA 208.

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. Meyer, Nitz, DeRossett, Hager, Casperson, Hune, Spade and Law

Nays: Rep. Sheltrown

The Committee on Agriculture and Resource Management, by Rep. Meyer, Chair, reported

Senate Bill No. 1208, entitled

A bill to amend 2001 PA 266, entitled "Grade A milk law of 2001," (MCL 288.471 to 288.540) by adding section 33a.

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. Meyer, Nitz, Hager, Casperson, Hune, Stahl, Sheltrown, Spade and Law

Nays: None

The Committee on Agriculture and Resource Management, by Rep. Meyer, Chair, reported

Senate Bill No. 1211, entitled

A bill to amend 1937 PA 284, entitled "An act to prevent the spread of infectious and contagious diseases of livestock; to require persons, associations, partnerships and corporations engaged in the buying, receiving, selling, transporting, exchanging, negotiating, or soliciting sale, resale, exchange or transportation of livestock to be licensed and bonded by the department of agriculture; to keep a producers' proceeds account; to provide for the refusal, suspension or revocation of such licenses; to provide for weighmasters; to provide for the inspection and disinfection of yards, premises and vehicles; and to provide penalties for the violation of this act," by amending section 3 (MCL 287.123), as amended by 2003 PA 85.

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. Meyer, Nitz, Hager, Casperson, Hune, Stahl, Sheltrown, Spade and Law

Nays: None

The Committee on Agriculture and Resource Management, by Rep. Meyer, Chair, reported

Senate Bill No. 1214, entitled

A bill to amend 1969 PA 287, entitled "An act to regulate pet shops, animal control shelters, and animal protection shelters; to establish uniform procedures and minimum requirements for adoption of dogs, cats, and ferrets; and to prescribe penalties and civil fines and to provide remedies," by amending section 4 (MCL 287.334), as amended by 2003 PA 83.

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. Meyer, Nitz, Hager, Casperson, Hune, Stahl, Sheltrown, Spade and Law

Nays: None

COMMITTEE ATTENDANCE REPORT

The following report, submitted by Rep. Meyer, Chair, of the Committee on Agriculture and Resource Management, was received and read:

Meeting held on: Tuesday, June 29, 2004

Present: Reps. Meyer, Nitz, DeRossett, Hager, Casperson, Hune, Stahl, Sheltrown, Rivet, Spade and Law

Announcement by the Clerk of Printing and Enrollment

The Clerk announced the enrollment printing and presentation to the Governor on Thursday, June 24, for her approval of the following bill:

Enrolled House Bill No. 5632 at 1:38 p.m.

The Clerk announced that the following bills had been printed and placed upon the files of the members on Thursday, June 24:

Senate Bill Nos. 1317 1318 1319

The Clerk announced that the following bills had been printed and placed upon the files of the members on Friday, June 25:

House Bill Nos. 6046 6047 6048 6049 6050 6051 6052 6053 6054 6055

Senate Bill Nos. 1320 1321 1322

The Clerk announced the enrollment printing and presentation to the Governor on Monday, June 28, for her approval of the following bills:

Enrolled House Bill No. 5502 at 10:01 a.m.

Enrolled House Bill No. 5503 at 10:03 a.m.

Enrolled House Bill No. 5505 at 10:05 a.m.

The Clerk announced the enrollment printing and presentation to the Governor on Tuesday, June 29, for her approval of the following bills:

Enrolled House Bill No. 4062 at 1:03 p.m.

Enrolled House Bill No. 4127 at 1:05 p.m.

Enrolled House Bill No. 4232 at 1:07 p.m.

Enrolled House Bill No. 4769 at 1:09 p.m.

Enrolled House Bill No. 4930 at 1:11 p.m.

Enrolled House Bill No. 5492 at 1:13 p.m.

Enrolled House Bill No. 5807 at 1:15 p.m.

Enrolled House Bill No. 5808 at 1:17 p.m.

The Clerk announced that the following bill had been printed and placed upon the files of the members on Tuesday, June 29:

Senate Bill No. 1328

The Clerk announced that the following Senate bills had been received on Tuesday, June 29:

Senate Bill Nos. 1114 1241

By unanimous consent the House returned to the order of

Messages from the Senate

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 Senate has amended the bill as follows:

1. Amend page 8, following line 23, by inserting:

"Enacting section 1. This amendatory act takes effect January 1, 2005." and renumbering the remaining enacting section.

The Senate has passed the bill as amended, 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.

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 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 Senate has amended the bill as follows:

1. Amend page 4, line 18, after "section" by striking out "1076(4)" and inserting "1076(5)".

2. Amend page 11, following line 6, by inserting:

"Enacting section 1. This amendatory act takes effect January 1, 2005." and renumbering the remaining enacting section.

The Senate has passed the bill as amended, 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.

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 2004 PA 102.

The Senate has amended the bill as follows:

1. Amend page 15, following line 25, by inserting:

"Enacting section 1. This amendatory act takes effect January 1, 2005." and renumbering the remaining enacting section.

The Senate has passed the bill as amended, 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.

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 Senate has amended the bill as follows:

1. Amend page 7, following line 5, by inserting:

"Enacting section 1. This amendatory act takes effect January 1, 2005." and renumbering the remaining enacting section.

The Senate has passed the bill as amended, 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.

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.

The Senate has amended the bill as follows:

1. Amend page 8, following line 11, by inserting:

"Enacting section 1. This amendatory act takes effect January 1, 2005." and renumbering the remaining enacting section.

The Senate has passed the bill as amended and ordered that it be given immediate effect.

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

House Bill No. 5509, entitled

A bill to make appropriations for the department of agriculture for the fiscal year ending September 30, 2005; to provide for the expenditure of the appropriations; to create funds; to provide for the imposition of fees; to require reports, audits, and plans; to authorize certain transfers by certain state agencies; and to provide for the disposition of fees and other income received by certain state agencies.

The Senate has appointed Senators Brown, Hardiman and Barcia as conferees to join with Representatives Pumford, Caswell and Phillips.

The bill was referred to the Conference Committee.

House Bill No. 5516, entitled

A bill to make appropriations for the family independence agency and certain state purposes related to public welfare services for the fiscal year ending September 30, 2005; to provide for the expenditure of the appropriations; to create funds; to provide for the imposition of fees; to provide for reports; to provide for the disposition of fees and other income received by the state agency; and to provide for the powers and duties of certain individuals, local governments, and state departments, agencies, and officers.

The Senate has appointed Senators Hardiman, George and Scott as conferees to join with Representatives Kooiman, Hoogendyk and Kolb.

The bill was referred to the Conference Committee.

House Bill No. 5517, entitled

A bill to make, supplement, and adjust appropriations for the departments of attorney general, civil rights, civil service, information technology, management and budget, state, and treasury, the executive office, and the legislative branch for the fiscal year ending September 30, 2005; to provide for the expenditure of these appropriations; to provide for the funding of certain work projects; to provide for the imposition of certain fees; to establish or continue certain funds, programs, and categories; to transfer certain funds; to prescribe certain requirements for bidding on state contracts; to provide for disposition of year-end balances; to prescribe the powers and duties of certain principal executive departments and state agencies, officials, and employees; and to provide for the disposition of fees and other income received by the various principal executive departments and state agencies.

The Senate has appointed Senators Garcia, McManus and Switalski as conferees to join with Representatives Taub, Moolenaar and Williams.

The bill was referred to the Conference Committee.

House Bill No. 5519, entitled

A bill to make appropriations for the department of history, arts, and libraries for the fiscal year ending September 30, 2005; to provide for the expenditure of those appropriations; to provide for the disposition of fees and other income received by the state agencies; to provide for the disbursement of certain grants; to provide for reports; to prescribe powers and duties of certain state departments and certain state and local agencies and officers; and to repeal acts and parts of acts.

The Senate has appointed Senators George, McManus and Clarke as conferees to join with Representatives Amos, Acciavatti and Reeves.

The bill was referred to the Conference Committee.

House Bill No. 5520, entitled

A bill to make appropriations for the judicial branch for the fiscal year ending September 30, 2005; to provide for the expenditure of these appropriations; to place certain restrictions on the expenditure of these appropriations; to prescribe the powers and duties of certain officials and employees; to require certain reports; and to provide for the disposition of fees and other income received by the judicial branch.

The Senate has appointed Senators Cropsey, Garcia and Switalski as conferees to join with Representatives Stewart, Steil and Hunter.

The bill was referred to the Conference Committee.

House Bill No. 5521, entitled

A bill to make appropriations for the department of labor and economic growth, the Michigan strategic fund, and certain other state purposes for the fiscal year ending September 30, 2005; to provide for the expenditure of those appropriations; to provide for the imposition of certain fees; to provide for the disposition of fees and other income received by the state agencies; to provide for reports to certain persons; and to prescribe powers and duties of certain state departments and certain state and local agencies and officers.

The Senate has appointed Senators Garcia, George and Prusi as conferees to join with Representatives Shulman, Steil and Whitmer.

The bill was referred to the Conference Committee.

House Bill No. 5522, entitled

A bill to make appropriations for the department of military and veterans affairs for the fiscal year ending September 30, 2005; to provide for the expenditure of the appropriations; to provide for certain powers and duties of the department of military and veterans affairs, other state agencies, and local units of government related to the appropriations; and to provide for the preparation of certain reports related to the appropriations.

The Senate has appointed Senators Brown, Stamas and Clarke as conferees to join with Representatives Caul, Taub and Williams.

The bill was referred to the Conference Committee.

House Bill No. 5526, entitled

A bill to make appropriations for the department of state police and certain other state purposes for the fiscal year ending September 30, 2005; to provide for the expenditure of those appropriations; to provide for certain reports and the consideration of those reports; to provide for the disposition of other income received by the various state agencies; to provide for certain emergency powers; and to provide for the powers and duties of certain committees, certain state agencies, and certain employees.

The Senate has appointed Senators Brown, Stamas and Clarke as conferees to join with Representatives Caul, Taub and Williams.

The bill was referred to the Conference Committee.

Senate Bill No. 1062, entitled

A bill to make appropriations for community colleges and certain state purposes related to education for the fiscal year ending September 30, 2004 and for the fiscal year ending September 30, 2005; to provide for the expenditure of those appropriations; to establish or continue certain funds, programs, and categories; and to prescribe the powers and duties of certain state departments, institutions, agencies, employees, and officers.

The Senate has nonconcurred in the House substitute (H-1) and appointed Senators Jelinek, Stamas and Switalski as conferees.

The message was referred to the Clerk for record.

Senate Bill No. 1063, entitled

A bill to make appropriations for the department of community health and certain state purposes related to mental health, public health, and medical services for the fiscal year ending September 30, 2005; to provide for the expenditure of those appropriations; to create funds; to require and provide for reports; to prescribe the powers and duties of certain local and state agencies and departments; and to provide for disposition of fees and other income received by the various state agencies.

The Senate has nonconcurred in the House substitute (H-1) and appointed Senators Stamas, George and Cherry as conferees.

The message was referred to the Clerk for record.

Senate Bill No. 1064, entitled

A bill to make appropriations for the department of corrections and certain state purposes related to corrections for the fiscal year ending September 30, 2005; to provide for the expenditure of the appropriations; to provide for reports; to provide for the creation of certain advisory committees and boards; to prescribe certain powers and duties of the department of corrections, certain other state officers and agencies, and certain advisory committees and boards; to provide for the collection of certain funds; and to provide for the disposition of fees and other income received by certain state agencies.

The Senate has nonconcurred in the House substitute (H-1) and appointed Senators Cropsey, Brown and Prusi as conferees.

The message was referred to the Clerk for record.

Senate Bill No. 1065, entitled

A bill to make appropriations for the department of education and certain other purposes relating to education for the fiscal year ending September 30, 2005; to provide for the expenditure of the appropriations; to prescribe the powers and duties of certain state departments, school districts, and other governmental bodies; and to provide for the disposition of fees and other income received by certain legal entities and state agencies.

The Senate has nonconcurred in the House substitute (H-1) and appointed Senators Jelinek, Cropsey and Scott as conferees.

The message was referred to the Clerk for record.

Senate Bill No. 1066, entitled

A bill to make appropriations for the department of environmental quality for the fiscal year ending September 30, 2005; to provide for the expenditure of those appropriations; to create certain funds and accounts; to require certain reports; to prescribe the powers and duties of certain state agencies and officials; to authorize certain transfers by certain state agencies; and to provide for the disposition of fees and other income received by the various state agencies.

The Senate has nonconcurred in the House substitute (H-1) and appointed Senators McManus, Goschka and Barcia as conferees.

The message was referred to the Clerk for record.

Senate Bill No. 1067, entitled

A bill to make appropriations for the state institutions of higher education and certain state purposes related to education for the fiscal year ending September 30, 2004 and for the fiscal year ending September 30, 2005; to provide for the expenditures of those appropriations; and to prescribe the powers and duties of certain state departments, institutions, agencies, employees, and officers.

The Senate has nonconcurred in the House substitute (H-1) and appointed Senators Goschka, Johnson and Cherry as conferees.

The message was referred to the Clerk for record.

Senate Bill No. 1068, entitled

A bill to make appropriations for the department of natural resources for the fiscal year ending September 30, 2005; to provide for the expenditure of those appropriations; to create funds and accounts; to require reports; to prescribe certain powers and duties of certain state agencies and officials; to authorize certain transfers by certain state agencies; and to provide for the disposition of fees and other income received by the various state agencies.

The Senate has nonconcurred in the House substitute (H-1) and appointed Senators McManus, Johnson and Barcia as conferees.

The message was referred to the Clerk for record.

Senate Bill No. 1069, entitled

A bill to amend 1979 PA 94, entitled "The state school aid act of 1979," by amending sections 3, 4, 6, 11, 11b, 11f, 11g, 11j, 13, 15, 18a, 19, 20, 21b, 22a, 22b, 24, 26, 26a, 31a, 31d, 32c, 32d, 32f, 32j, 39a, 41, 41a, 51a, 51c, 51d, 53a, 54, 56, 57, 61a, 62, 74, 81, 94a, 98, 98b, 99, 101, 104a, 107, 147, 152, 158b, and 166a (MCL 388.1603, 388.1604, 388.1606, 388.1611, 388.1611b, 388.1611f, 388.1611g, 388.1611j, 388.1613, 388.1615, 388.1618a, 388.1619, 388.1620, 388.1621b, 388.1622a, 388.1622b, 388.1624, 388.1626, 388.1626a, 388.1631a, 388.1631d, 388.1632c, 388.1632d, 388.1632f, 388.1632j, 388.1639a, 388.1641, 388.1641a, 388.1651a, 388.1651c, 388.1651d, 388.1653a, 388.1654, 388.1656, 388.1657, 388.1661a, 388.1662, 388.1674, 388.1681, 388.1694a, 388.1698, 388.1698b, 388.1699, 388.1701, 388.1704a, 388.1707, 388.1747, 388.1752, 388.1758b, and 388.1766a), sections 3, 6, 11f, 11g, 11j, 19, 20, 22a, 22b, 24, 31a, 31d, 32c, 32d, 39a, 41, 51a, 51c, 51d, 53a, 54, 56, 57, 61a, 62, 74, 81, 98, 99, 101, 104a, 107, 147, and 166a as amended and sections 32j, 41a, and 98b as added by 2003 PA 158, section 4 as amended by 1995 PA 130, sections 11, 11b, and 26a as amended by 2003 PA 236, section 13 as amended by 1999 PA 119, sections 15 and 18a as amended by 1996 PA 300, sections 21b and 152 as amended by 2000 PA 297, section 26 as amended by 1997 PA 93, section 32f as amended by 2002 PA 521, section 94a as amended by 2003 PA 180, and section 158b as added by 1994 PA 283, and by adding section 146; and to repeal acts and parts of acts.

The Senate has nonconcurred in the House substitute (H-1) and appointed Senators Jelinek, Cropsey and Switalski as conferees.

The message was referred to the Clerk for record.

Senate Bill No. 1114, entitled

A bill to prohibit the payment of money or other consideration as a condition of awarding a prize under certain circumstances; to prescribe the disclosure of certain information to certain persons; to prescribe the powers and duties of certain state and local officials relating to the regulation of certain prizes and sweepstakes; and to prescribe penalties and provide remedies.

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. 1241, entitled

A bill to provide for the establishment of a neighborhood improvement authority; to prescribe the powers and duties of the authority; to correct and prevent deterioration in neighborhoods and certain other areas; to authorize the acquisition and disposal of interests in real and personal property; to authorize the creation and implementation of development plans and development areas; to promote residential and economic growth; to create a board; to prescribe the powers and duties of the board; to authorize the issuance of bonds and other evidences of indebtedness; to authorize the use of tax increment financing; to prescribe powers and duties of certain state officials; to provide for rule promulgation; and to provide for enforcement of the act.

The Senate has passed the bill.

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

Messages from the Governor

Date: June 24, 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. 5632 (Public Act No. 164, I.E.), being

An act 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.

(Filed with the Secretary of State June 24, 2004, at 2:34 p.m.)

Date: June 24, 2004

Time: 9:20 a.m.

To the Speaker of the House of Representatives:

Sir--I have this day approved and signed

Enrolled House Bill No. 5478 (Public Act No. 166, I.E.), being

An act to amend 1979 PA 94, entitled "An act to make appropriations to aid in the support of the public schools and the intermediate school districts of the state; to make appropriations for certain other purposes relating to education; to provide for the disbursement of the appropriations; to supplement the school aid fund by the levy and collection of certain taxes; to authorize the issuance of certain bonds and provide for the security of those bonds; to prescribe the powers and duties of certain state departments, the state board of education, and certain other boards and officials; to create certain funds and provide for their expenditure; to prescribe penalties; and to repeal acts and parts of acts," by amending section 166a (MCL 388.1766a), as amended by 2003 PA 158.

(Filed with the Secretary of State June 24, 2004, at 2:38 p.m.)

Date: June 24, 2004

Time: 10:01 a.m.

To the Speaker of the House of Representatives:

Sir--I have this day approved and signed

Enrolled House Bill No. 5273 (Public Act No. 168, I.E.), being

An act to amend 1963 PA 181, entitled "An act to promote safety upon the public highways by regulating the operation of certain vehicles; to provide consistent regulation of these areas by state agencies and local units of government; to establish the qualifications of persons necessary for the safe operation of such vehicles; to limit the hours of service of persons engaged in operating such vehicles; to require the keeping of records of such operations; to provide penalties for the violation of this act; to prescribe the powers and duties of certain state agencies; and to repeal certain acts and parts of acts," by amending section 7c (MCL 480.17c), as amended by 2002 PA 118.

(Filed with the Secretary of State June 24, 2004, at 2:42 p.m.)

Date: June 24, 2004

Time: 9:16 a.m.

To the Speaker of the House of Representatives:

Sir--I have this day approved and signed

Enrolled House Bill No. 5730 (Public Act No. 169, I.E.), being

An act to amend 1998 PA 58, entitled "An act to create a commission for the control of the alcoholic beverage traffic within this state, and to prescribe its powers, duties, and limitations; to provide for powers and duties for certain state departments and agencies; to impose certain taxes for certain purposes; to provide for the control of the alcoholic liquortraffic within this state and to provide for the power to establish state liquor stores; to provide for the care and treatment of alcoholics; to provide for the incorporation of farmer cooperative wineries and the granting of certain rights and privileges to those cooperatives; to provide for the licensing and taxation of activities regulated under this act and the disposition of the money received under this act; to prescribe liability for retail licensees under certain circumstances and to require security for that liability; to provide procedures, defenses, and remedies regarding violations of this act; to provide for the enforcement and to prescribe penalties for violations of this act; to provide for allocation of certain funds for certain purposes; to provide for the confiscation and disposition of property seized under this act; to provide referenda under certain circumstances; and to repeal acts and parts of acts," by amending section 517 (MCL 436.1517).

(Filed with the Secretary of State June 24, 2004, at 2:44 p.m.)

Date: June 24, 2004

Time: 9:58 a.m.

To the Speaker of the House of Representatives:

Sir--I have this day approved and signed

Enrolled House Bill No. 5731 (Public Act No. 170, I.E.), being

An act to amend 1998 PA 58, entitled "An act to create a commission for the control of the alcoholic beverage traffic within this state, and to prescribe its powers, duties, and limitations; to provide for powers and duties for certain state departments and agencies; to impose certain taxes for certain purposes; to provide for the control of the alcoholic liquortraffic within this state and to provide for the power to establish state liquor stores; to provide for the care and treatment of alcoholics; to provide for the incorporation of farmer cooperative wineries and the granting of certain rights and privileges to those cooperatives; to provide for the licensing and taxation of activities regulated under this act and the disposition of the money received under this act; to prescribe liability for retail licensees under certain circumstances andto require security for that liability; to provide procedures, defenses, and remedies regarding violations of this act; to provide for the enforcement and to prescribe penalties for violations of this act; to provide for allocation of certain funds for certain purposes; to provide for the confiscation and disposition of property seized under this act; to provide referenda under certain circumstances; and to repeal acts and parts of acts," (MCL 436.1101 to 436.2303) by adding section 517a.

(Filed with the Secretary of State June 24, 2004, at 2:46 p.m.)

Date: June 28, 2004

Time: 2:15 p.m.

To the Speaker of the House of Representatives:

Sir--I have this day approved and signed

Enrolled House Bill No. 5502 (Public Act No. 172, I.E.), being

An act to amend 1937 PA 94, entitled "An act to provide for the levy, assessment and collection of a specific excise tax on the storage, use or consumption in this state of tangible personal property and certain services; to appropriate the proceeds thereof; and to prescribe penalties for violations of the provisions of this act," by amending sections 2, 3, 3a, 4, 4a, 4d, 4f, 4o, 5, 6, 6a, 8, 9, 9a, 10, 11, and 14 (MCL 205.92, 205.93, 205.93a, 205.94, 205.94a, 205.94d, 205.94f, 205.94o, 205.95, 205.96, 205.96a, 205.98, 205.99, 205.99a, 205.100, 205.101, and 205.104), sections 2 and 4 as amended by 2002 PA 669, section 3 as amended by 2003 PA 27, section 3a as amended by 2002 PA 455, section 4d as amended by 2000 PA 328, section 4f as amended by 1998 PA 266, sections 4o, 8, and 9a as added by 1999 PA 117, section 5 as amended by 2002 PA 580, section 6 as amended by 2003 PA 24, section 6a as added by 2002 PA 511, section 10 as amended by 1998 PA 366, section 11 as added by 2000 PA 153, and section 14 as amended by 1986 PA 41, and by adding sections 2b, 3c, 12, 13, 14a, 14b, 17, 19, and 20; and to repeal acts and parts of acts.

(Filed with the Secretary of State June 28, 2004, at 2:45 p.m.)

Date: June 28, 2004

Time: 2:17 p.m.

To the Speaker of the House of Representatives:

Sir--I have this day approved and signed

Enrolled House Bill No. 5503 (Public Act No. 173, I.E.), being

An act to amend 1933 PA 167, entitled "An act to provide for the raising of additional public revenue by prescribing certain specific taxes, fees, and charges to be paid to the state for the privilege of engaging in certain business activities; to provide, incident to the enforcement thereof, for the issuance of licenses to engage in such occupations; to provide for the ascertainment, assessment and collection thereof; to appropriate the proceeds thereof; and to prescribe penalties for violations of the provisions of this act," by amending sections 1, 2, 2a, 3, 4, 4a, 4e, 4f, 4g, 4i, 4j, 4k, 4m, 4o, 4p, 4q, 4r, 4s, 4t, 4u, 4w, 4x, 5b, 6, 8, 9, 10, 17, and 23 (MCL 205.51, 205.52, 205.52a, 205.53, 205.54, 205.54a, 205.54e, 205.54f, 205.54g, 205.54i, 205.54j, 205.54k, 205.54m, 205.54o, 205.54p, 205.54q, 205.54r, 205.54s, 205.54t, 205.54u, 205.54w, 205.54x, 205.55b, 205.56, 205.58, 205.59, 205.60, 205.67, and 205.73), section 1 as amended by 2000 PA 390, sections 2 and 23 as amended by 1993 PA 325, section 2a as added by 1984 PA 228, section 3as amended by 2002 PA 457, section 4 as amended by 1998 PA 267, sections 4a, 4j, and 4q as amended and sections 4r, 4t, 4u, and 4w as added by 1999 PA 116, section 4g as amended by 2000 PA 417, section 4i as added by 1982 PA 23, section 4k as added by 1986 PA 42, section 4m as added by 1993 PA 238, section 4o as added by 1994 PA 156, section 4p as added by 1998 PA 274, section 4s as added by 1999 PA 105, section 4x as amended by 2001 PA 40, section 5b as added by 2002 PA 510, section 6 as amended by 1998 PA 453, section 9 as amended by 1998 PA 365, section 10 as added by 2000 PA 149, and section 17 as amended by 2001 PA 102, and by adding sections 1a, 4d, 4h, 6b, 11, 12, 18, 19, 20, and 21; and to repeal acts and parts of acts.

(Filed with the Secretary of State June 28, 2004, at 2:47 p.m.)

Date: June 28, 2004

Time: 2:19 p.m.

To the Speaker of the House of Representatives:

Sir--I have this day approved and signed

Enrolled House Bill No. 5504 (Public Act No. 174, I.E.), being

An act to provide for a streamlined system of sales and use tax collection; to prescribe the requirements necessary for this state to adopt a multistate agreement; to provide for a board with certain powers and duties; to provide for the registration of sellers who select a model of collection and remittance; to forgive liability of collection of sales and use taxes on past transactions for certain sellers; to assure privacy of buyers; and to prescribe certain powers and duties of state officials and state departments.

(Filed with the Secretary of State June 28, 2004, at 2:49 p.m.)

Date: June 28, 2004

Time: 2:21 p.m.

To the Speaker of the House of Representatives:

Sir--I have this day approved and signed

Enrolled House Bill No. 5505 (Public Act No. 175, I.E.), being

An act to impose taxes and create credits and refundable credits to modify and equalize the impact of changes made to the general sales tax act and use tax act necessary to bring those taxes into compliance with the streamlined sales tax agreement so this state may participate in the streamlined sales tax system and governing board; to prescribe certain powers and duties of certain state departments; and to provide for the disbursement of certain proceeds.

(Filed with the Secretary of State June 28, 2004, at 2:51 p.m.)

Communications from State Officers

The following communication from the Auditor General was received and read:

June 25, 2004

Enclosed is a copy of the following audit report and/or report summary:

Financial Audit, including the provisions of the Single Audit Act, of the

Department of Consumers and Industry Services

October 1, 2001 through September 30, 2003

Sincerely,

Thomas H. McTavish, C.P.A.

Auditor General

The communication was referred to the Clerk and the accompanying report referred to the Committee on Government Operations.

Announcements by the Clerk

June 22, 2004

Received from the Municipal Employees' Retirement System of Michigan the annual financial report for the year ending December 31, 2003 which is available on their website: www.mersofmich.com.

Gary L. Randall

Clerk of the House

By unanimous consent the House returned to the order of

Messages from the Senate

The Speaker laid before the House

House Bill No. 4013, entitled

A bill to amend 1956 PA 205, entitled "The paternity act," by amending section 2 (MCL 722.712), as amended by 1998 PA 113.

(The bill was received from the Senate on June 23, with substitute (S-2), full title inserted and immediate effect given by the Senate, consideration of which, under the rules, was postponed until June 24, see House Journal No. 59, p. 1426.)

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

Rep. Newell moved to amend the Senate substitute (S-2) as follows:

1. Amend page 2, line 21, after "father." by inserting "If medicaid has not paid the confinement and pregnancy expenses of the mother under this section, the court shall require an itemized bill for the expenses upon request from the father before an apportionment is made.".

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

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

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

Roll Call No. 567 Yeas--95

Accavitti Gieleghem Meyer Sheltrown

Acciavatti Gillard Middaugh Shulman

Adamini Gleason Milosch Smith

Amos Hager Minore Spade

Anderson Hardman Moolenaar Stakoe

Bieda Hood Mortimer Steil

Bisbee Hoogendyk Murphy Stewart

Brandenburg Hopgood Newell Tabor

Brown Howell Nitz Taub

Byrum Huizenga Nofs Tobocman

Caswell Hune O'Neil Vagnozzi

Caul Hunter Palsrok Van Regenmorter

Cheeks Jamnick Pappageorge Vander Veen

Clack Johnson, Rick Pastor Walker

Condino Johnson, Ruth Phillips Ward

Daniels Julian Plakas Waters

Dennis Koetje Pumford Wenke

DeRoche Kolb Richardville Whitmer

Ehardt Kooiman Rivet Williams

Elkins LaJoy Rocca Wojno

Emmons LaSata Sak Woodward

Farhat Law Shackleton Woronchak

Farrah Lipsey Shaffer Zelenko

Gaffney Meisner Sheen

Nays--10

Bradstreet Garfield Palmer Stahl

Casperson Hummel Reeves Voorhees

Drolet McConico

In The Chair: Julian

The House agreed to the full title of the bill.

Rep. Richardville moved to reconsider the vote by which the House concurred in the Senate substitute (S-2), as amended.

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

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

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

Roll Call No. 568 Yeas--93

Accavitti Gillard Middaugh Shaffer

Acciavatti Gleason Milosch Sheltrown

Adamini Hager Minore Shulman

Amos Hardman Moolenaar Smith

Anderson Hood Mortimer Spade

Bieda Hopgood Murphy Stakoe

Bisbee Howell Newell Steil

Brandenburg Huizenga Nitz Stewart

Brown Hune Nofs Tabor

Byrum Hunter O'Neil Taub

Caul Jamnick Palmer Tobocman

Cheeks Johnson, Rick Palsrok Vagnozzi

Clack Julian Pappageorge Vander Veen

Condino Koetje Phillips Walker

Daniels Kolb Plakas Ward

Dennis Kooiman Pumford Waters

DeRoche LaJoy Reeves Wenke

DeRossett LaSata Richardville Whitmer

Ehardt Law Rivet Williams

Elkins Lipsey Robertson Wojno

Emmons McConico Rocca Woodward

Farhat Meisner Sak Woronchak

Farrah Meyer Shackleton Zelenko

Gaffney

Nays--13

Bradstreet Garfield Johnson, Ruth Stahl

Casperson Hoogendyk Pastor Van Regenmorter

Caswell Hummel Sheen Voorhees

Drolet

In The Chair: Julian

The Speaker laid before the House

House Bill No. 4768, entitled

A bill to amend 1956 PA 205, entitled "The paternity act," by amending section 2 (MCL 722.712), as amended by 1998 PA 113.

(The bill was received from the Senate on June 23, with substitute (S-1), full title inserted and immediate effect givenby the Senate, consideration of which, under the rules, was postponed until June 24, see House Journal No. 59, p. 1427.)

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. 569 Yeas--94

Accavitti Gieleghem Meyer Shaffer

Acciavatti Gillard Middaugh Sheltrown

Adamini Gleason Milosch Shulman

Amos Hager Minore Smith

Anderson Hardman Moolenaar Spade

Bieda Hood Mortimer Stakoe

Bisbee Hopgood Murphy Steil

Brandenburg Howell Newell Stewart

Brown Huizenga Nitz Taub

Byrum Hune Nofs Tobocman

Caul Hunter O'Neil Vagnozzi

Cheeks Jamnick Palsrok Van Regenmorter

Clack Johnson, Rick Pappageorge Vander Veen

Condino Johnson, Ruth Phillips Walker

Daniels Julian Plakas Ward

Dennis Koetje Pumford Waters

DeRoche Kolb Reeves Wenke

DeRossett Kooiman Richardville Whitmer

Ehardt LaJoy Rivet Williams

Elkins LaSata Robertson Wojno

Emmons Law Rocca Woodward

Farhat Lipsey Sak Woronchak

Farrah McConico Shackleton Zelenko

Gaffney Meisner

Nays--12

Bradstreet Drolet Hummel Sheen

Casperson Garfield Palmer Stahl

Caswell Hoogendyk Pastor Voorhees

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. 4770, entitled

A bill to amend 1971 PA 174, entitled "Office of child support act," by amending section 3 (MCL 400.233), as amended by 2002 PA 564, and by adding section 6a.

(The bill was received from the Senate on June 23, with substitute (S-1), title amendment and immediate effect given by the Senate, consideration of which, under the rules, was postponed until June 24, see House Journal No. 59, p. 1427.)

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. 570 Yeas--103

Accavitti Garfield Meyer Sheen

Acciavatti Gillard Middaugh Sheltrown

Adamini Gleason Milosch Shulman

Amos Hager Minore Smith

Anderson Hardman Moolenaar Spade

Bieda Hood Mortimer Stahl

Bisbee Hoogendyk Murphy Stakoe

Brandenburg Hopgood Newell Steil

Brown Howell Nitz Stewart

Byrum Huizenga Nofs Tabor

Casperson Hummel O'Neil Taub

Caswell Hune Palmer Tobocman

Cheeks Hunter Palsrok Vagnozzi

Clack Jamnick Pappageorge Van Regenmorter

Condino Johnson, Rick Pastor Vander Veen

Daniels Johnson, Ruth Phillips Walker

Dennis Julian Plakas Ward

DeRoche Koetje Pumford Waters

DeRossett Kolb Reeves Wenke

Drolet Kooiman Richardville Whitmer

Ehardt LaJoy Rivet Williams

Elkins LaSata Robertson Wojno

Emmons Law Rocca Woodward

Farhat Lipsey Sak Woronchak

Farrah McConico Shackleton Zelenko

Gaffney Meisner Shaffer

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. 4771, entitled

A bill to amend 1961 PA 236, entitled "Revised judicature act of 1961," by amending section 2529 (MCL 600.2529), as amended by 2002 PA 605.

(The bill was received from the Senate on June 23, with substitute (S-3), title amendment and immediate effect given by the Senate, consideration of which, under the rules, was postponed until June 24, see House Journal No. 59, p. 1427.)

The question being on concurring in the substitute (S-3) made to the bill by the Senate,

The substitute (S-3) was concurred in, a majority of the members serving voting therefor, by yeas and nays, as follows:

Roll Call No. 571 Yeas--98

Accavitti Farrah Meyer Shaffer

Acciavatti Gaffney Middaugh Sheen

Adamini Gieleghem Milosch Sheltrown

Amos Gillard Minore Shulman

Anderson Gleason Moolenaar Smith

Bieda Hager Mortimer Spade

Bisbee Hardman Murphy Stakoe

Bradstreet Hood Newell Steil

Brandenburg Hopgood Nitz Stewart

Brown Howell Nofs Tabor

Byrum Huizenga O'Neil Taub

Casperson Hune Palsrok Tobocman

Caswell Hunter Pappageorge Vagnozzi

Caul Johnson, Rick Pastor Van Regenmorter

Cheeks Johnson, Ruth Phillips Voorhees

Clack Julian Plakas Walker

Condino Koetje Pumford Ward

Daniels Kolb Reeves Waters

Dennis Kooiman Richardville Whitmer

DeRoche LaJoy Rivet Williams

DeRossett LaSata Robertson Wojno

Ehardt Law Rocca Woodward

Elkins Lipsey Sak Woronchak

Emmons McConico Shackleton Zelenko

Farhat Meisner

Nays--6

Drolet Hoogendyk Jamnick Palmer

Garfield Hummel

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. 4772, entitled

A bill to amend 1982 PA 295, entitled "Support and parenting time enforcement act," by amending sections 7, 13, 27, and 35 (MCL 552.607, 552.613, 552.627, and 552.635), section 7 as amended by 2002 PA 572, section 13 as amended by 1998 PA 334, section 27 as amended by 2001 PA 106, and section 35 as amended by 2002 PA 567.

(The bill was received from the Senate on June 23, with substitute (S-1), title amendment and immediate effect given by the Senate, consideration of which, under the rules, was postponed until June 24, see House Journal No. 59, p. 1427.)

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. 572 Yeas--106

Accavitti Gaffney Meyer Sheen

Acciavatti Garfield Middaugh Sheltrown

Adamini Gieleghem Milosch Shulman

Amos Gillard Minore Smith

Anderson Gleason Moolenaar Spade

Bieda Hager Mortimer Stahl

Bisbee Hardman Murphy Stakoe

Bradstreet Hood Newell Steil

Brandenburg Hoogendyk Nitz Stewart

Brown Hopgood Nofs Tabor

Byrum Howell O'Neil Taub

Casperson Huizenga Palmer Tobocman

Caswell Hummel Palsrok Vagnozzi

Caul Hune Pappageorge Van Regenmorter

Cheeks Hunter Pastor Vander Veen

Clack Johnson, Rick Phillips Voorhees

Condino Johnson, Ruth Plakas Walker

Daniels Julian Pumford Ward

Dennis Koetje Reeves 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 Meisner

Nays--1

Jamnick

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. 5879, entitled

A bill to amend 2000 PA 92, entitled "Food law of 2000," (MCL 289.1101 to 289.8111) by adding section 4116.

The bill was read a second time.

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

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. 4773, entitled

A bill to amend 1982 PA 294, entitled "Friend of the court act," by amending sections 17, 17b, and 19 (MCL 552.517, 552.517b, and 552.519), sections 17 and 17b as amended by 2002 PA 571 and section 19 as amended by 2002 PA 569.

(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 June 24, see House Journal No. 59, p. 1427.)

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. 573 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 Hood 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

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 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.

Third Reading of Bills

Rep. Richardville moved that House Bill No. 5879 be placed on its immediate passage.

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

House Bill No. 5879, entitled

A bill to amend 2000 PA 92, entitled "Food law of 2000," (MCL 289.1101 to 289.8111) by adding section 4116.

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

Roll Call No. 574 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 Hood 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

DeRoche Kolb Richardville Wenke

DeRossett Kooiman Rivet Whitmer

Drolet LaJoy Robertson Williams

Ehardt LaSata Rocca Wojno

Elkins Law Sak Woodward

Emmons Lipsey Shackleton Woronchak

Farrah McConico Shaffer Zelenko

Gaffney Meisner

Nays--0

In The Chair: Julian

The House agreed to the title of the bill.

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

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

By unanimous consent the House returned to the order of

Messages from the Senate

The Speaker laid before the House

House Bill No. 4774, entitled

A bill to amend 1982 PA 295, entitled "Support and parenting time enforcement act," by amending sections 2 and 3a (MCL 552.602 and 552.603a), as amended by 2002 PA 572, and by adding section 3d.

(The bill was received from the Senate on June 23, with substitute (S-3), title amendment and immediate effect given by the Senate, consideration of which, under the rules, was postponed until June 24, see House Journal No. 59, p. 1428.)

The question being on concurring in the substitute (S-3) made to the bill by the Senate,

The substitute (S-3) was concurred in, a majority of the members serving voting therefor, by yeas and nays, as follows:

Roll Call No. 575 Yeas--104

Accavitti Gaffney McConico Shaffer

Acciavatti Garfield Meisner Sheen

Adamini Gieleghem Meyer Sheltrown

Amos Gillard Middaugh Shulman

Anderson Gleason Milosch Spade

Bieda Hager Minore Stahl

Bisbee Hardman Moolenaar Stakoe

Bradstreet Hood Mortimer Steil

Brown Hoogendyk Murphy Stewart

Byrum Hopgood Newell Tabor

Casperson Howell Nitz Taub

Caswell Huizenga Nofs Tobocman

Caul Hummel O'Neil Vagnozzi

Cheeks Hune Palmer Van Regenmorter

Clack Hunter Palsrok Vander Veen

Condino Jamnick Pappageorge Voorhees

Daniels Johnson, Rick Pastor Walker

Dennis Johnson, Ruth Phillips Ward

DeRoche Julian Plakas Waters

DeRossett Koetje Pumford Wenke

Drolet Kolb Reeves Whitmer

Ehardt Kooiman Richardville Williams

Elkins LaJoy Rivet Wojno

Emmons LaSata Robertson Woodward

Farhat Law Rocca Woronchak

Farrah Lipsey 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. 4775, entitled

A bill to amend 1956 PA 205, entitled "The paternity act," by amending section 7 (MCL 722.717), as amended by 2001 PA 109.

(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 June 24, 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. 576 Yeas--105

Accavitti Garfield Meisner Sheen

Acciavatti Gieleghem Meyer Sheltrown

Adamini Gillard Middaugh Shulman

Amos Gleason Milosch Smith

Anderson Hager Minore Spade

Bieda Hardman 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

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 Reeves Wenke

DeRossett Kooiman Richardville Whitmer

Drolet LaJoy Rivet Williams

Elkins LaSata Robertson Wojno

Emmons Law Rocca Woodward

Farhat Lipsey Sak Woronchak

Farrah McConico Shackleton 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.

______

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

The motion prevailed.

By unanimous consent the House returned to the order of

Motions and Resolutions

Rep. Richardville moved to vacate the enrollment of House Bill No. 4774.

The motion prevailed.

Messages from the Senate

House Bill No. 4774, entitled

A bill to amend 1982 PA 295, entitled "An act to provide for and to supplement statutes that provide for the provisions and enforcement of support, health care, and parenting time orders with respect to divorce, separate maintenance, paternity, child custody and support, and spousal support; to prescribe and authorize certain provisions of those orders; to prescribe the powers and duties of the circuit court and friend of the court; to prescribe certain duties of certain employers and other sources of income; to provide for penalties and remedies; and to repeal acts and parts of acts," by amending sections 2 and 3a (MCL 552.602 and 552.603a), section 2 as amended by 2002 PA 572 and section 3a as amended by 2003 PA 276, and by adding section 3d.

(The bill was enrolled earlier today, see today's Journal, p. 1492.)

Rep. Sak moved to reconsider the vote by which the House concurred in the Senate substitute (S-3).

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

The question being on concurring in the substitute (S-3) made to the bill by the Senate,

The substitute (S-3) was concurred in, a majority of the members serving voting therefor, by yeas and nays, as follows:

Roll Call No. 577 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 Hood 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 Pumford Ward

Dennis Julian Reeves 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 bill was referred to the Clerk for enrollment printing and presentation to the Governor.

______

Rep. Hummel moved that Rep. Bisbee be excused from the balance of today's session.

The motion prevailed.

The Speaker laid before the House

House Bill No. 4776, entitled

A bill to amend 1982 PA 294, entitled "Friend of the court act," by amending sections 2, 7, and 19 (MCL 552.502, 552.507, and 552.519), section 2 as amended by 2002 PA 571, section 7 as amended by 1996 PA 144, and section 19 as amended by 2002 PA 569, and by adding section 7a.

(The bill was received from the Senate on June 23, with substitute (S-1), title amendment and immediate effect given by the Senate, consideration of which, under the rules, was postponed until June 24, 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. 578 Yeas--102

Accavitti Gillard Milosch Sheltrown

Acciavatti Gleason Minore Shulman

Adamini Hager Moolenaar Smith

Amos Hardman Mortimer Spade

Anderson Hood Murphy Stahl

Bieda Hoogendyk Newell Stakoe

Brandenburg Hopgood Nitz Steil

Brown Howell Nofs Stewart

Byrum Huizenga O'Neil Tabor

Casperson Hummel Palmer Taub

Caswell Hune Palsrok Tobocman

Caul Hunter Pappageorge Vagnozzi

Cheeks Jamnick Pastor Van Regenmorter

Clack Johnson, Rick Phillips Vander Veen

Condino Johnson, Ruth Plakas Voorhees

Daniels Julian Pumford Walker

Dennis Koetje Reeves Ward

DeRoche Kolb Richardville Waters

DeRossett Kooiman Rivet Wenke

Drolet LaJoy Robertson Whitmer

Elkins Law Rocca Williams

Farhat Lipsey Sak Wojno

Farrah McConico Shackleton Woodward

Gaffney Meisner Shaffer Woronchak

Garfield Meyer Sheen Zelenko

Gieleghem Middaugh

Nays--1

LaSata

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. 4792, entitled

A bill to amend 1982 PA 295, entitled "Support and parenting time enforcement act," (MCL 552.601 to 552.650) by adding section 5e.

(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 June 24, 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. 579 Yeas--105

Accavitti Garfield Meyer Sheen

Acciavatti Gieleghem Middaugh Sheltrown

Adamini Gillard Milosch Shulman

Amos Gleason Minore Smith

Anderson Hager Moolenaar Spade

Bieda Hardman Mortimer Stahl

Bradstreet Hood Murphy Stakoe

Brandenburg Hoogendyk Newell Steil

Brown Hopgood Nitz Stewart

Byrum Howell Nofs Tabor

Casperson Huizenga O'Neil Taub

Caswell Hummel Palmer Tobocman

Caul Hune Palsrok Vagnozzi

Cheeks Hunter Pappageorge Van Regenmorter

Clack Jamnick Pastor Vander Veen

Condino Johnson, Rick Phillips Voorhees

Daniels Johnson, Ruth Plakas Walker

Dennis Julian Pumford Ward

DeRoche Koetje Reeves Waters

DeRossett Kolb Richardville Wenke

Drolet Kooiman Rivet Whitmer

Ehardt 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. 5094, entitled

A bill to amend 1949 PA 300, entitled "Michigan vehicle code," by amending section 613a (MCL 257.613a).

(The bill was received from the Senate on June 23, with substitute (S-2), full title inserted and immediate effect given by the Senate, consideration of which, under the rules, was postponed until June 24, 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. 580 Yeas--104

Accavitti Garfield Meisner Shaffer

Acciavatti Gieleghem Meyer Sheltrown

Adamini Gillard Middaugh Shulman

Amos Gleason Milosch Smith

Anderson Hager Minore Spade

Bieda Hardman Moolenaar Stahl

Bradstreet Hood Mortimer Stakoe

Brandenburg Hoogendyk Murphy Steil

Brown Hopgood Newell Stewart

Byrum Howell Nitz Tabor

Casperson Huizenga Nofs Taub

Caswell Hummel O'Neil Tobocman

Caul Hune Palmer Vagnozzi

Cheeks Hunter Palsrok Van Regenmorter

Clack Jamnick Pappageorge Vander Veen

Condino Johnson, Rick Pastor Voorhees

Daniels Johnson, Ruth Phillips Walker

Dennis Julian Plakas Ward

DeRossett Koetje Pumford Waters

Drolet Kolb Reeves Wenke

Ehardt Kooiman Richardville Whitmer

Elkins LaJoy Rivet Williams

Emmons LaSata Robertson Wojno

Farhat Law Rocca Woodward

Farrah Lipsey Sak Woronchak

Gaffney McConico Shackleton Zelenko

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. 5243, entitled

A bill to amend 1996 PA 376, entitled "Michigan renaissance zone act," by amending section 8d (MCL 125.2688d), as added by 2003 PA 266.

(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 June 24, 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. 581 Yeas--102

Accavitti Gleason Milosch Sheltrown

Acciavatti Hager Minore Shulman

Adamini Hardman Moolenaar Smith

Amos Hood Mortimer Spade

Anderson Hoogendyk Murphy Stahl

Bieda Hopgood Newell Stakoe

Brandenburg Howell Nitz Steil

Brown Huizenga Nofs Stewart

Byrum Hummel O'Neil Tabor

Casperson Hune Palmer Taub

Caswell Hunter Palsrok Tobocman

Caul Jamnick Pappageorge Vagnozzi

Cheeks Johnson, Rick Pastor Van Regenmorter

Clack Johnson, Ruth Phillips Vander Veen

Condino Julian Plakas Voorhees

Daniels Koetje Pumford Walker

Dennis Kolb Reeves Ward

DeRoche Kooiman Richardville Waters

DeRossett LaJoy Rivet Wenke

Elkins LaSata Robertson Whitmer

Emmons Law Rocca Williams

Farhat Lipsey Sak Wojno

Farrah McConico Shackleton Woodward

Gaffney Meisner Shaffer Woronchak

Gieleghem Meyer Sheen Zelenko

Gillard Middaugh

Nays--3

Bradstreet Drolet Garfield

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. 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 bill was received from the Senate on June 24, 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. 60, p. 1466.)

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. 582 Yeas--102

Accavitti Garfield Meyer Shaffer

Acciavatti Gieleghem Middaugh Sheen

Adamini Gillard Milosch Sheltrown

Amos Gleason Minore Shulman

Anderson Hager Moolenaar Smith

Bieda Hardman Mortimer Spade

Bradstreet Hood Murphy Stakoe

Brandenburg Hoogendyk Newell Steil

Brown Hopgood Nitz Stewart

Byrum Howell Nofs Tabor

Casperson Hummel O'Neil Taub

Caswell Hune Palmer Tobocman

Caul Hunter Palsrok Vagnozzi

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 Reeves Wenke

DeRossett Kooiman Richardville Whitmer

Drolet LaJoy Rivet Williams

Elkins LaSata Robertson Wojno

Emmons Law Rocca Woodward

Farhat Lipsey Sak Woronchak

Farrah McConico Shackleton Zelenko

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.

Second Reading of Bills

Senate Bill No. 998, entitled

A bill to amend 1961 PA 236, entitled "Revised judicature act of 1961," (MCL 600.101 to 600.9947) by adding chapter 10A.

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 not adopted, a majority of the members serving not voting therefor.

Rep. Howell 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. Adamini moved to amend the bill as follows:

1. Amend page 3, line 20, after "the" by inserting "illegal".

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. 583 Yeas--43

Accavitti DeRoche Law Rocca

Acciavatti Elkins Meisner Sak

Adamini Farrah Minore Sheltrown

Anderson Garfield Mortimer Vagnozzi

Bieda Gieleghem Murphy Waters

Brandenburg Gillard Nofs Whitmer

Brown Gleason O'Neil Williams

Byrum Hopgood Palsrok Wojno

Casperson Hune Phillips Woodward

Clack Johnson, Ruth Plakas Zelenko

Dennis Julian Richardville

Nays--61

Amos Huizenga Moolenaar Spade

Bradstreet Hummel Newell Stahl

Caswell Hunter Nitz Stakoe

Caul Jamnick Palmer Steil

Condino Johnson, Rick Pappageorge Stewart

Daniels Koetje Pastor Tabor

DeRossett Kolb Pumford Taub

Drolet Kooiman Reeves Tobocman

Emmons LaJoy Rivet Van Regenmorter

Farhat LaSata Robertson Vander Veen

Gaffney Lipsey Shackleton Voorhees

Hager McConico Shaffer Walker

Hardman Meyer Sheen Ward

Hood Middaugh Shulman Wenke

Hoogendyk Milosch Smith Woronchak

Howell

In The Chair: Julian

Rep. Meisner moved to amend the bill as follows:

1. Amend page 5, following line 20, by inserting:

"(4) This section does not prevent a court from similarly adopting or instituting other problem solving courts.".

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

Rep. Meisner demanded the yeas and nays.

The demand was supported.

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

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

Roll Call No. 584 Yeas--45

Accavitti Farrah Lipsey Sheltrown

Adamini Gieleghem McConico Smith

Anderson Gillard Meisner Spade

Bieda Gleason Minore Tobocman

Brown Hardman Murphy Vagnozzi

Byrum Hood O'Neil Waters

Cheeks Hopgood Phillips Whitmer

Clack Hunter Plakas Williams

Condino Jamnick Reeves Wojno

Daniels Kolb Rivet Woodward

Dennis Law Sak Zelenko

Elkins

Nays--60

Acciavatti Hoogendyk Moolenaar Sheen

Amos Howell Mortimer Shulman

Bradstreet Huizenga Newell Stahl

Brandenburg Hummel Nitz Stakoe

Casperson Hune Nofs Steil

Caswell Johnson, Rick Palmer Stewart

Caul Johnson, Ruth Palsrok Tabor

DeRoche Julian Pappageorge Taub

DeRossett Koetje Pastor Van Regenmorter

Drolet Kooiman Pumford Vander Veen

Emmons LaJoy Richardville Voorhees

Farhat LaSata Robertson Walker

Gaffney Meyer Rocca Ward

Garfield Middaugh Shackleton Wenke

Hager Milosch Shaffer Woronchak

In The Chair: Julian

Rep. Howell moved to amend the bill as follows:

1. Amend page 1, line 2, after "DRUG" by inserting "TREATMENT".

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

Rep. Howell moved to amend the bill as follows:

1. Amend page 27, line 22, after "by" by striking out "7" and inserting "9".

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

Rep. Lipsey moved to amend the bill as follows:

1. Amend page 25, line 1, by striking out all of subdivisions (a) and (b).

2. Amend page 25, line 5, by striking out "(c)" and inserting "(a)".

3. Amend page 25, line 6, by striking out all of subdivision (d).

4. Amend page 25, line 11, by striking out "(e) Fourteen" and inserting "(b) Sixteen".

5. Amend page 25, following line 13, by inserting:

"(i) A circuit court judge who has presided for at least 2 years over a drug treatment court.

(ii) A district court judge who has presided for at least 2 years over a drug treatment court." and renumbering the remaining subparagraphs.

6. Amend page 27, line 1, after "subsection" by striking out the balance of the line through "(iii)" on line 2 and inserting "(1)(b)(i) to (v)".

7. Amend page 27, line 3, after "subsection" by striking out the balance of the line through "(viii)" on line 4 and inserting "(1)(b)(vi) to (x)".

8. Amend page 27, line 5, after "subsection" by striking out the balance of the line through "(xiv)" on line 6 and inserting "(1)(b)(xi) to (xvi)".

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

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

The motion prevailed.

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

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

By unanimous consent the House returned to the order of

Third Reading of Bills

Senate Bill No. 998, entitled

A bill to amend 1961 PA 236, entitled "Revised judicature act of 1961," (MCL 600.101 to 600.9947) by adding chapter 10A.

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

Roll Call No. 585 Yeas--103

Accavitti Gaffney Meisner Sheen

Acciavatti Garfield Meyer Sheltrown

Adamini Gieleghem Middaugh Shulman

Amos Gillard Milosch Smith

Anderson Gleason Minore Spade

Bieda Hager Moolenaar Stahl

Bradstreet Hardman Mortimer Stakoe

Brandenburg Hood Murphy Steil

Brown Hoogendyk Newell Stewart

Byrum Hopgood Nitz Tabor

Casperson Howell Nofs Taub

Caswell Huizenga O'Neil Tobocman

Caul Hummel Palmer Vagnozzi

Cheeks Hune Palsrok Van Regenmorter

Clack Hunter Pappageorge Vander Veen

Condino Jamnick Pastor Voorhees

Daniels Johnson, Rick Phillips Walker

Dennis Johnson, Ruth Plakas Ward

DeRoche Julian Pumford Wenke

DeRossett Kolb Reeves Whitmer

Drolet Kooiman Richardville Williams

Ehardt LaJoy Robertson Wojno

Elkins LaSata Rocca Woodward

Emmons Law Sak Woronchak

Farhat Lipsey Shackleton Zelenko

Farrah McConico Shaffer

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 revise and consolidate the statutes relating to the organization and jurisdiction of the courts of this state; the powers and duties of such courts, and of the judges and other officers thereof; the forms and attributes of civil claims and actions; the time within which civil actions and proceedings may be brought in said courts; pleading, evidence, practice and procedure in civil and criminal actions and proceedings in said courts; to provide remedies and penalties for the violation of certain provisions of this act; to repeal all acts and parts of acts inconsistent with or contravening any of the provisions of this act; and to repeal acts and parts of acts,"

The House agreed to the full title.

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

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

Rep. Waters moved to reconsider the vote by which the House passed the bill.

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

The question being on the passage of the bill,

The bill was then passed, a majority of the members serving voting therefor, by yeas and nays, as follows:

Roll Call No. 586 Yeas--105

Accavitti Gieleghem Meyer Sheen

Acciavatti Gillard Middaugh Sheltrown

Adamini Gleason Milosch Shulman

Amos Hager Minore Smith

Anderson Hardman Moolenaar Spade

Bieda Hood Mortimer Stahl

Bradstreet Hoogendyk Murphy Stakoe

Brandenburg Hopgood Newell Steil

Brown Howell Nitz Stewart

Byrum Huizenga Nofs Tabor

Casperson Hummel O'Neil Taub

Caswell Hune Palmer Tobocman

Caul Hunter Palsrok Vagnozzi

Cheeks Jamnick Pappageorge Van Regenmorter

Clack Johnson, Rick Pastor Vander Veen

Condino Johnson, Ruth Phillips Voorhees

Daniels Julian Plakas Walker

Dennis Koetje Pumford Ward

DeRoche Kolb Reeves Waters

DeRossett Kooiman Richardville Wenke

Drolet LaJoy Rivet Whitmer

Elkins LaSata Robertson Williams

Emmons Law Rocca Wojno

Farhat Lipsey Sak Woodward

Farrah McConico Shackleton Woronchak

Gaffney Meisner Shaffer Zelenko

Garfield

Nays--0

In The Chair: Julian

Second Reading of Bills

Senate Bill No. 999, entitled

A bill to amend 1978 PA 368, entitled "Public health code," by amending section 7411 (MCL 333.7411), as amended by 2002 PA 79.

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

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

Rep. Howell moved to amend the bill as follows:

1. Amend page 5, following line 4, by inserting:

"Enacting section 1. This amendatory act takes effect January 1, 2005." and renumbering the remaining enacting section.

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

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

The motion prevailed.

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

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

By unanimous consent the House returned to the order of

Third Reading of Bills

Senate Bill No. 999, entitled

A bill to amend 1978 PA 368, entitled "Public health code," by amending section 7411 (MCL 333.7411), as amended by 2002 PA 79.

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

Roll Call No. 587 Yeas--105

Accavitti Garfield Meisner Sheen

Acciavatti Gieleghem Meyer Sheltrown

Adamini Gillard Middaugh Shulman

Amos Gleason Milosch Smith

Anderson Hager Minore Spade

Bieda Hardman Moolenaar Stahl

Bradstreet Hood Mortimer Stakoe

Brandenburg Hoogendyk Murphy Steil

Brown Hopgood Newell Stewart

Byrum Howell Nitz Tabor

Casperson Huizenga Nofs Taub

Caswell Hummel O'Neil Tobocman

Caul Hune Palmer Vagnozzi

Cheeks Hunter Palsrok Van Regenmorter

Clack Jamnick Pappageorge Vander Veen

Condino Johnson, Rick Pastor Voorhees

Daniels Johnson, Ruth Phillips Walker

Dennis Julian Plakas Ward

DeRoche Koetje Pumford 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

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 protect and promote the public health; to codify, revise, consolidate, classify, and add to the laws relating to public health; to provide for the prevention and control of diseases and disabilities; to provide for the classification, administration, regulation, financing, and maintenance of personal, environmental, and other health services and activities; to create or continue, and prescribe the powers and duties of, departments, boards, commissions, councils, committees, task forces, and other agencies; to prescribe the powers and duties of governmental entities and officials; to regulate occupations, facilities, and agencies affecting the public health; to regulate health maintenance organizations and certain third party administrators and insurers; to provide for the imposition of a regulatory fee; to provide for the levy of taxes against certain health facilities or agencies; to promote the efficient and economical delivery of health care services, to provide for the appropriate utilization of health care facilities and services, and to provide for the closure of hospitals or consolidation of hospitals or services; to provide for the collection and use of data and information; to provide for the transfer of property; to provide certain immunity from liability; to regulate and prohibit the sale and offering for sale of drug paraphernalia under certain circumstances; to provide for the implementation of federal law; to provide for penalties and remedies; to provide for sanctions for violations of this act and local ordinances; to provide for an appropriation and supplements; to repeal certain acts and parts of acts; to repeal certain parts of this act; and to repeal certain parts of this act on specific dates,"

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. 1000, entitled

A bill to amend 1927 PA 175, entitled "The code of criminal procedure," by amending sections 11 and 14 of chapter II, sections 4a, 16a, and 31 of chapter IX, and sections 1 and 3 of chapter XI (MCL 762.11, 762.14, 769.4a, 769.16a, 769.31, 771.1, and 771.3), section 11 of chapter II as amended by 1993 PA 293, section 14 of chapter II as amended by 1994 PA 286, 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, section 1 of chapter XI as amended by 2002 PA 666, and section 3 of chapter XI as amended by 2003 PA 101, 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. Howell moved to amend the bill as follows:

1. Amend page 5, following line 12, by inserting:

"Enacting section 1. This amendatory act takes effect January 1, 2005." and renumbering the remaining enacting section.

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

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

The motion prevailed.

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

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

______

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

The motion prevailed.

By unanimous consent the House returned to the order of

Third Reading of Bills

Senate Bill No. 1000, entitled

A bill to amend 1927 PA 175, entitled "The code of criminal procedure," by amending sections 11 and 14 of chapter II, sections 4a, 16a, and 31 of chapter IX, and sections 1 and 3 of chapter XI (MCL 762.11, 762.14, 769.4a, 769.16a, 769.31, 771.1, and 771.3), section 11 of chapter II as amended by 1993 PA 293, section 14 of chapter II as amended by 1994 PA 286, 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, section 1 of chapter XI as amended by 2002 PA 666, and section 3 of chapter XI as amended by 2003 PA 101, and by adding section 4b to chapter IX.

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

Roll Call No. 588 Yeas--103

Accavitti Gaffney Meisner Sheltrown

Acciavatti Garfield Meyer Shulman

Adamini Gieleghem Middaugh Smith

Amos Gillard Milosch Spade

Anderson Gleason Minore Stahl

Bieda Hager Moolenaar Stakoe

Bradstreet Hardman Mortimer Steil

Brandenburg Hood 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 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 Sheen

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 "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 sections 13 and 14 of chapter II (MCL 762.13 and 762.14), section 13 as amended by 2002 PA 483 and section 14 as amended by 1994 PA 286.

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. 5876, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending sections 3104, 3113, 3503, 4105, 6516, 6517, 6521, 8308, 8310, 8504, 9112, 11509, 11511, 11512, 11516, 11542, 11703, 11704, 11709, 30104, 30105, 30113, 30304, 30307, 31509, 31512, 32312, 32503, 32515, 32606, 35304, 36505, 41702, 41709, 42101, 42501, 42702, 44513, 44517, 45503, 45902, 45903, 45906, 51311, 61525, 62509, 63103c, 63524, 63525, 63704, 63708, 72108, 76105, 76109, 76504, and 80159 (MCL 324.3104, 324.3113, 324.3503, 324.4105, 324.6516, 324.6517, 324.6521, 324.8308, 324.8310, 324.8504, 324.9112, 324.11509, 324.11511, 324.11512, 324.11516, 324.11542, 324.11703, 324.11704, 324.11709, 324.30104, 324.30105, 324.30113, 324.30304, 324.30307, 324.31509, 324.31512, 324.32312, 324.32503, 324.32515, 324.32606, 324.35304, 324.36505, 324.41702, 324.41709, 324.42101, 324.42501, 324.42702, 324.44513, 324.44517, 324.45503, 324.45902, 324.45903, 324.45906, 324.51311, 324.61525, 324.62509, 324.63103c, 324.63524, 324.63525, 324.63704, 324.63708, 324.72108, 324.76105, 324.76109, 324.76504, and 324.80159), sections 3104, 30104, and 32312 as amended by 2003 PA 163, sections 3503, 6521, and 8504 as added by 1995 PA 60, sections 6516 and 6517 as amended by 1996 PA 166, section 8310 as amended by 2002 PA 418, section9112 as amended by 2000 PA 504, sections 11509 and 11511 as amended by 1996 PA 358, sections 11512 and 11516 as amended by 2003 PA 153, section 11542 as amended by 1996 PA 359, section 30105 as amended by 1999 PA 106, section 30113 as amended by 1995 PA 171, sections 30304, 31509, 31512, 32515, and 35304 as added by 1995 PA 59, section 30307 as amended by 1998 PA 228, section 32503 as amended by 2002 PA 148, section 32606 as added by 2000 PA 278, section 36505 as amended by 1998 PA 470, section 41702 as amended by 2001 PA 23, sections 41709, 42101, 42501, 44513, 44517, 45503, 45903, 51311, 63525, 63704, and 63708 as added by 1995 PA 57, section 42702 as amended by 2000 PA 191, section 45902 as amended by 1996 PA 200, section 45906 as amended by 2003 PA 270, section 61525 as amended by 1998 PA 303, section 62509 as amended by 1998 PA 467, section 63103c as added by 1997 PA 149, sections 63524 and 76504 as amended by 2001 PA 78, sections 72108 and 80159 as added by 1995 PA 58, and sections 76105 and 76109 as amended by 2001 PA 75, and by adding sections 1301, 1303, 1305, 1307, 1309, 1311, and 1313.

The bill was read a second time.

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

The motion prevailed.

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

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

______

Rep. Palmer moved that Rep. Ehardt 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. 5876, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending sections 3104, 3113, 3503, 4105, 6516, 6517, 6521, 8308, 8310, 8504, 9112, 11509, 11511, 11512, 11516, 11542, 11703, 11704, 11709, 30104, 30105, 30113, 30304, 30307, 31509, 31512, 32312, 32503, 32515, 32606, 35304, 36505, 41702, 41709, 42101, 42501, 42702, 44513, 44517, 45503, 45902, 45903, 45906, 51311, 61525, 62509, 63103c, 63524, 63525, 63704, 63708, 72108, 76105, 76109, 76504, and 80159 (MCL 324.3104, 324.3113, 324.3503, 324.4105, 324.6516, 324.6517, 324.6521, 324.8308, 324.8310, 324.8504, 324.9112, 324.11509, 324.11511, 324.11512, 324.11516, 324.11542, 324.11703, 324.11704, 324.11709, 324.30104, 324.30105, 324.30113, 324.30304, 324.30307, 324.31509, 324.31512, 324.32312, 324.32503, 324.32515, 324.32606, 324.35304, 324.36505, 324.41702, 324.41709, 324.42101, 324.42501, 324.42702, 324.44513, 324.44517, 324.45503, 324.45902, 324.45903, 324.45906, 324.51311, 324.61525, 324.62509, 324.63103c, 324.63524, 324.63525, 324.63704, 324.63708, 324.72108, 324.76105, 324.76109, 324.76504, and 324.80159), sections 3104, 30104, and 32312 as amended by 2003 PA 163, sections 3503, 6521, and 8504 as added by 1995 PA 60, sections 6516 and 6517 as amended by 1996 PA 166, section 8310 as amended by 2002 PA 418, section9112 as amended by 2000 PA 504, sections 11509 and 11511 as amended by 1996 PA 358, sections 11512 and 11516 as amended by 2003 PA 153, section 11542 as amended by 1996 PA 359, section 30105 as amended by 1999 PA 106, section 30113 as amended by 1995 PA 171, sections 30304, 31509, 31512, 32515, and 35304 as added by 1995 PA 59, section 30307 as amended by 1998 PA 228, section 32503 as amended by 2002 PA 148, section 32606 as added by 2000 PA 278, section 36505 as amended by 1998 PA 470, section 41702 as amended by 2001 PA 23, sections 41709, 42101, 42501, 44513, 44517, 45503, 45903, 51311, 63525, 63704, and 63708 as added by 1995 PA 57, section 42702 as amended by 2000 PA 191, section 45902 as amended by 1996 PA 200, section 45906 as amended by 2003 PA 270, section 61525 as amended by 1998 PA 303, section 62509 as amended by 1998 PA 467, section 63103c as added by 1997 PA 149, sections 63524 and 76504 as amended by 2001 PA 78, sections 72108 and 80159 as added by 1995 PA 58, and sections 76105 and 76109 as amended by 2001 PA 75, and by adding sections 1301, 1303, 1305, 1307, 1309, 1311, and 1313.

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

Roll Call No. 589 Yeas--100

Accavitti Garfield McConico Shaffer

Acciavatti Gieleghem Meisner Sheen

Adamini Gillard Meyer Sheltrown

Amos Gleason Middaugh Shulman

Anderson Hager Milosch Smith

Bieda Hardman Minore Spade

Brandenburg Hood Moolenaar Stahl

Brown Hoogendyk Mortimer Stakoe

Byrum Hopgood Murphy Steil

Casperson Howell Newell Stewart

Caswell Huizenga Nitz Tabor

Caul Hummel Nofs Taub

Cheeks Hune O'Neil Tobocman

Clack Hunter Palsrok Vagnozzi

Condino Jamnick Pappageorge Van Regenmorter

Daniels Johnson, Rick Pastor Walker

Dennis Johnson, Ruth Phillips Ward

DeRoche Julian Plakas Waters

DeRossett Koetje Pumford Wenke

Drolet Kolb Richardville Whitmer

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 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 1994 PA 451, entitled "Natural resources and environmental protection act," by amending sections 3104, 3503, 4105, 6516, 6517, 6521, 8310, 8504, 9112, 11509, 11511, 11512, 11516, 11542, 11703, 11704, 11709, 30104, 30105, 30113, 30304, 30307, 31509, 31512, 32312, 32503, 32515, 35304, 36505, 41702, 41709, 42101, 42501, 42702, 44513, 44517, 45503, 45902, 45903, 45906, 61525, 62509, 63103a, 63103c, 63514, 63524, 63525, 63704, 63708, 72108, 76105, 76109, 76504, and 80159 (MCL 324.3104, 324.3503, 324.4105, 324.6516, 324.6517, 324.6521, 324.8310, 324.8504, 324.9112, 324.11509, 324.11511, 324.11512, 324.11516, 324.11542, 324.11703, 324.11704, 324.11709, 324.30104, 324.30105, 324.30113, 324.30304, 324.30307, 324.31509, 324.31512, 324.32312, 324.32503, 324.32515, 324.35304, 324.36505, 324.41702, 324.41709, 324.42101, 324.42501, 324.42702, 324.44513, 324.44517, 324.45503, 324.45902, 324.45903, 324.45906, 324.61525, 324.62509, 324.63103a, 324.63103c, 324.63514, 324.63524, 324.63525, 324.63704, 324.63708, 324.72108, 324.76105, 324.76109, 324.76504, and 324.80159), sections 3104, 30104, and 32312 as amended by 2003 PA 163, sections 3503, 6521, and 8504 as added by 1995 PA 60, sections 6516 and 6517 as amended by 1996 PA 166, section 8310 as amended by 2002 PA 418, section 9112 as amended by 2000 PA 504, sections 11509 and 11511 as amended by 1996 PA 358, sections 11512 and 11516 as amended by 2003 PA 153, section 11542 as amended by 1996 PA 359, section 30105 as amended by 1999 PA 106, section 30113 as amended by 1995 PA 171, sections 30304, 31509, 31512, 32515, and 35304 as added by 1995 PA 59, section 30307 as amended by 1998 PA 228, section 32503 as amended by 2002 PA 148, section 36505 as amended by 1998 PA 470, section 41702 as amended by 2001 PA 23, sections 41709, 42101, 42501, 44513, 44517, 45503, 45903, 63514, 63525, 63704, and 63708 as added by 1995 PA 57, section 42702 as amended by 2000 PA 191, section 45902 as amended by 1996 PA 200, section 45906 as amended by 2003 PA 270, section 61525 as amended by 1998 PA 303, section 62509 as amended by 1998 PA 467, sections 63103a and 63103c as added by 1997 PA 149, sections 63524 and 76504 as amended by 2001 PA 78, sections 72108 and 80159 as added by 1995 PA 58, and sections 76105 and 76109 as amended by 2001 PA 75, and by adding sections 1301, 1303, 1305, 1307, 1309, and 1311.

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. 5884, entitled

A bill to amend 2001 PA 267, entitled "Manufacturing milk law of 2001," (MCL 288.561 to 288.740) by adding section 110a.

The bill was read a second time.

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

The motion prevailed.

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

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

______

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

The motion prevailed.

Rep. Ruth Johnson moved that Rep. Rocca 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. 5884, entitled

A bill to amend 2001 PA 267, entitled "Manufacturing milk law of 2001," (MCL 288.561 to 288.740) by adding section 110a.

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

Roll Call No. 590 Yeas--101

Accavitti Garfield McConico Sheltrown

Acciavatti Gieleghem Meisner Shulman

Adamini Gillard Meyer Smith

Amos Gleason Middaugh Spade

Anderson Hager Milosch Stahl

Bieda Hardman Minore Stakoe

Bradstreet Hood Mortimer 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

Elkins LaJoy Sak Wojno

Emmons LaSata Shackleton Woodward

Farhat Law Shaffer Woronchak

Farrah Lipsey Sheen Zelenko

Gaffney

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.

______

Rep. Williams moved that Rep. Whitmer be excused from the balance of today's session.

The motion prevailed.

Second Reading of Bills

House Bill No. 5897, entitled

A bill to amend 1931 PA 189, entitled "The insect pest and plant disease act," by amending section 9 (MCL 286.209), as amended by 2003 PA 104.

The bill was read a second time.

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

The motion prevailed.

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

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

______

Rep. Palmer moved that Rep. Mortimer be excused from the balance of today's session.

The motion prevailed.

Rep. Waters moved that Rep. Smith 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. 5897, entitled

A bill to amend 1931 PA 189, entitled "The insect pest and plant disease act," by amending section 9 (MCL 286.209), as amended by 2003 PA 104.

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

Roll Call No. 591 Yeas--94

Accavitti Garfield McConico Sheltrown

Adamini Gieleghem Meyer Shulman

Amos Gillard Middaugh Spade

Anderson Gleason Milosch Stahl

Bieda Hager Minore Stakoe

Bradstreet Hardman Moolenaar Steil

Brandenburg Hood Murphy Stewart

Brown Hoogendyk Nitz Tabor

Byrum Hopgood Nofs Taub

Casperson Howell O'Neil Tobocman

Caswell Huizenga Palmer Vagnozzi

Caul Hummel Palsrok Van Regenmorter

Cheeks Hune Pappageorge Vander Veen

Clack Jamnick Pastor Voorhees

Condino Johnson, Rick Plakas Walker

Daniels Johnson, Ruth Pumford Ward

Dennis Julian Richardville Waters

DeRoche Koetje Rivet Wenke

DeRossett Kolb Robertson Williams

Drolet Kooiman Sak Wojno

Elkins LaJoy Shackleton Woodward

Farhat LaSata Shaffer Woronchak

Farrah Law Sheen Zelenko

Gaffney Lipsey

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. 5899, entitled

A bill to amend 1939 PA 141, entitled "Grain dealers act," by amending section 7 (MCL 285.67), as amended by 2002 PA 80.

The bill was read a second time.

Rep. Farhat 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. Farhat 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. Brown moved that Rep. Williams 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. 5899, entitled

A bill to amend 1939 PA 141, entitled "Grain dealers act," by amending section 7 (MCL 285.67), as amended by 2002 PA 80.

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

Roll Call No. 592 Yeas--96

Accavitti Garfield McConico Shaffer

Acciavatti Gieleghem Meisner Sheen

Amos Gillard Meyer Sheltrown

Anderson Gleason Middaugh Shulman

Bieda Hager Milosch Spade

Bradstreet Hardman Minore Stahl

Brandenburg Hood Moolenaar Stakoe

Brown Hoogendyk Murphy Steil

Byrum Hopgood Newell Stewart

Casperson Howell Nitz Tabor

Caswell Huizenga Nofs Taub

Caul Hummel O'Neil Tobocman

Cheeks Hune Palmer Vagnozzi

Clack Hunter Palsrok Van Regenmorter

Condino Jamnick Pappageorge Vander Veen

Dennis Johnson, Rick Pastor Voorhees

DeRoche Julian Phillips Walker

DeRossett Koetje Plakas Ward

Drolet Kolb Pumford Waters

Elkins Kooiman Richardville Wenke

Emmons LaJoy Rivet Wojno

Farhat LaSata Robertson Woodward

Farrah Law Sak Woronchak

Gaffney Lipsey Shackleton Zelenko

Nays--0

In The Chair: Julian

The House agreed to the title of the bill.

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

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

Second Reading of Bills

House Bill No. 5878, entitled

A bill to amend 1998 PA 58, entitled "Michigan liquor control code of 1998," by amending section 525 (MCL 436.1525), as amended by 2002 PA 76.

The bill was read a second time.

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

The motion prevailed.

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

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

By unanimous consent the House returned to the order of

Third Reading of Bills

House Bill No. 5878, entitled

A bill to amend 1998 PA 58, entitled "Michigan liquor control code of 1998," by amending section 525 (MCL 436.1525), as amended by 2002 PA 76.

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

Roll Call No. 593 Yeas--95

Accavitti Garfield Lipsey Shackleton

Acciavatti Gieleghem McConico Shaffer

Adamini Gillard Meisner Sheen

Amos Gleason Meyer Sheltrown

Anderson Hager Middaugh Shulman

Bieda Hardman Milosch Spade

Brandenburg Hood Minore Stahl

Brown Hoogendyk Moolenaar Stakoe

Byrum Hopgood Murphy Steil

Casperson Howell Newell Stewart

Caswell Huizenga Nitz Tabor

Caul Hummel Nofs Taub

Cheeks Hune O'Neil Tobocman

Clack Hunter Palmer Vagnozzi

Condino Jamnick Palsrok Vander Veen

Daniels Johnson, Rick Pappageorge Walker

Dennis Johnson, Ruth Pastor Ward

DeRoche Julian Phillips Waters

DeRossett Koetje Plakas Wenke

Drolet Kolb Pumford Wojno

Elkins Kooiman Richardville Woodward

Farhat LaJoy Rivet Woronchak

Farrah LaSata Robertson Zelenko

Gaffney Law Sak

Nays--2

Van Regenmorter Voorhees

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. 5889, entitled

A bill to amend 2002 PA 733, entitled "State plumbing act," by amending section 31 (MCL 338.3541).

The bill was read a second time.

Rep. Brandenburg 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. Brandenburg 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. 5889, entitled

A bill to amend 2002 PA 733, entitled "State plumbing act," by amending section 31 (MCL 338.3541).

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

Roll Call No. 594 Yeas--96

Accavitti Gaffney Lipsey Shackleton

Acciavatti Garfield McConico Shaffer

Adamini Gieleghem Meisner Sheen

Amos Gillard Meyer Sheltrown

Anderson Gleason Middaugh Shulman

Bieda Hager Milosch Spade

Bradstreet Hardman Minore Stahl

Brandenburg Hood Moolenaar Stakoe

Brown Hoogendyk Murphy Steil

Byrum 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 Walker

DeRoche Johnson, Ruth Phillips Ward

DeRossett Julian Plakas Waters

Drolet Koetje Pumford Wenke

Elkins Kolb Richardville Wojno

Emmons Kooiman Rivet Woodward

Farhat LaJoy Robertson Woronchak

Farrah LaSata Sak Zelenko

Nays--1

Law

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. 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 5889 because of the inappropriate nature of the maker's explanation of this bill. The plumbers and the House of Representatives deserve respect and decorum demands better."

Second Reading of Bills

House Bill No. 5890, entitled

A bill to amend 1967 PA 227, entitled "An act to regulate the inspection, construction, installation, alteration, maintenance, repair and operation of elevators and the licensing of elevator contractors; to prescribe the functions of the director of labor; to create, and prescribe the functions of, the elevator safety board; to provide penalties for violations of the act; and to repeal certain acts and parts of acts," by amending sections 15 and 16 (MCL 408.815 and 408.816).

The bill was read a second time.

Rep. Amos 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. Amos 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. Accavitti moved that Rep. Cheeks 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. 5890, entitled

A bill to amend 1967 PA 227, entitled "An act to regulate the inspection, construction, installation, alteration, maintenance, repair and operation of elevators and the licensing of elevator contractors; to prescribe the functions of the director of labor; to create, and prescribe the functions of, the elevator safety board; to provide penalties for violations of the act; and to repeal certain acts and parts of acts," by amending sections 15 and 16 (MCL 408.815 and 408.816).

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

Roll Call No. 595 Yeas--95

Accavitti Garfield Meisner Sheen

Acciavatti Gieleghem Meyer Sheltrown

Adamini Gillard Middaugh Shulman

Amos Gleason Milosch Spade

Anderson Hager Minore Stahl

Bieda Hardman Moolenaar 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

Dennis Julian Plakas Ward

DeRoche Koetje Pumford Waters

DeRossett Kolb Richardville Wenke

Elkins Kooiman Rivet Wojno

Emmons LaJoy Robertson Woodward

Farhat LaSata Sak Woronchak

Farrah Law Shackleton Zelenko

Gaffney Lipsey Shaffer

Nays--0

In The Chair: Julian

The House agreed to the title of the bill.

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

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

Second Reading of Bills

House Bill No. 5893, entitled

A bill to amend 1968 PA 330, entitled "Private security business and security alarm act," by amending sections 9, 11, and 25 (MCL 338.1059, 338.1061, and 338.1075), sections 9 and 25 as amended by 2002 PA 473 and section 11 as amended by 2000 PA 411.

The bill was read a second time.

Rep. Drolet 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. Drolet 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. 5893, entitled

A bill to amend 1968 PA 330, entitled "Private security business and security alarm act," by amending sections 9, 11, and 25 (MCL 338.1059, 338.1061, and 338.1075), sections 9 and 25 as amended by 2002 PA 473 and section 11 as amended by 2000 PA 411.

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

Roll Call No. 596 Yeas--96

Accavitti Gaffney Lipsey Shaffer

Acciavatti Garfield McConico Sheen

Adamini Gieleghem Meisner Sheltrown

Amos Gillard Meyer Shulman

Anderson Gleason Middaugh Spade

Bieda Hager Milosch Stahl

Bradstreet Hood Minore Stakoe

Brandenburg Hoogendyk Moolenaar Steil

Brown Hopgood Murphy Stewart

Byrum Howell Newell Tabor

Casperson Huizenga Nitz Taub

Caswell Hummel Nofs Tobocman

Caul Hune O'Neil Vagnozzi

Clack Hunter Palmer Van Regenmorter

Condino Jamnick Palsrok Vander Veen

Daniels Johnson, Rick Pastor Voorhees

Dennis Johnson, Ruth Phillips Walker

DeRoche Julian Plakas Ward

DeRossett Koetje Pumford Waters

Drolet Kolb Richardville Wenke

Elkins Kooiman Rivet Wojno

Emmons LaJoy Robertson Woodward

Farhat LaSata Sak Woronchak

Farrah Law Shackleton Zelenko

Nays--0

In The Chair: Julian

The House agreed to the title of the bill.

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

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

Second Reading of Bills

House Bill No. 5895, entitled

A bill to amend 1978 PA 368, entitled "Public health code," by amending section 20162 (MCL 333.20162) and by adding section 20935.

The bill was read a second time.

Rep. Huizenga 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. 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.

By unanimous consent the House returned to the order of

Third Reading of Bills

House Bill No. 5895, entitled

A bill to amend 1978 PA 368, entitled "Public health code," by amending section 20162 (MCL 333.20162) and by adding section 20935.

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

Roll Call No. 597 Yeas--97

Accavitti Garfield McConico Shaffer

Acciavatti Gillard Meisner Sheen

Adamini Gleason Meyer Sheltrown

Amos Hager Middaugh Shulman

Anderson Hardman Milosch Spade

Bieda Hood Minore Stahl

Bradstreet Hoogendyk Moolenaar Stakoe

Brandenburg Hopgood Murphy Steil

Brown Howell Newell Stewart

Byrum Huizenga Nitz Tabor

Casperson Hummel Nofs Taub

Caswell Hune O'Neil Tobocman

Caul Hunter Palmer Vagnozzi

Clack Jamnick Palsrok Van Regenmorter

Condino Johnson, Rick Pappageorge Vander Veen

Daniels Johnson, Ruth Pastor Voorhees

Dennis Julian Phillips Walker

DeRoche Koetje Plakas Ward

DeRossett Kolb Pumford Waters

Drolet Kooiman Richardville Wenke

Elkins LaJoy Rivet Wojno

Emmons LaSata Robertson 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. 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. 5900, entitled

A bill to amend 1956 PA 217, entitled "Electrical administrative act," by amending section 3 (MCL 338.883), as amended by 1997 PA 120.

The bill was read a second time.

Rep. Robertson 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. Robertson 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. Howell moved that Rep. Wenke 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. 5900, entitled

A bill to amend 1956 PA 217, entitled "Electrical administrative act," by amending section 3 (MCL 338.883), as amended by 1997 PA 120.

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

Roll Call No. 598 Yeas--94

Accavitti Garfield Lipsey Shackleton

Acciavatti Gieleghem McConico Shaffer

Adamini Gillard Meisner Sheen

Amos Gleason Meyer Sheltrown

Anderson Hager Middaugh Spade

Bieda Hardman Milosch Stahl

Brandenburg Hood Moolenaar Stakoe

Brown Hoogendyk Murphy Steil

Byrum 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

Elkins Kolb Richardville Wojno

Emmons Kooiman Rivet Woodward

Farhat LaJoy Robertson Woronchak

Farrah LaSata Sak Zelenko

Gaffney Law

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. 5896, entitled

A bill to amend 1972 PA 239, entitled "McCauley-Traxler-Law-Bowman-McNeely lottery act," by amending sections 11 and 23 (MCL 432.11 and 432.23), as amended by 1996 PA 167.

The bill was read a second time.

Rep. Taub 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. Taub 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. 5896, entitled

A bill to amend 1972 PA 239, entitled "McCauley-Traxler-Law-Bowman-McNeely lottery act," by amending sections 11 and 23 (MCL 432.11 and 432.23), as amended by 1996 PA 167.

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

Roll Call No. 599 Yeas--93

Accavitti Garfield Law Robertson

Acciavatti Gieleghem Lipsey Sak

Adamini Gillard McConico Shackleton

Amos Gleason Meisner Shaffer

Anderson Hager Meyer Sheen

Bieda Hardman Middaugh Sheltrown

Brandenburg Hood Milosch Shulman

Brown Hoogendyk Minore Spade

Byrum Hopgood Moolenaar Stahl

Casperson Howell Murphy Stakoe

Caswell Huizenga Newell Steil

Caul Hummel Nitz Stewart

Clack Hune Nofs Tabor

Condino Hunter O'Neil Taub

Daniels Jamnick Palmer Tobocman

Dennis Johnson, Rick Palsrok Vagnozzi

DeRoche Johnson, Ruth Pappageorge Walker

DeRossett Julian Pastor Ward

Drolet Koetje Phillips Waters

Elkins Kolb Plakas Wojno

Emmons Kooiman Pumford Woodward

Farhat LaJoy Richardville Woronchak

Farrah LaSata Rivet Zelenko

Gaffney

Nays--4

Bradstreet Van Regenmorter Vander Veen Voorhees

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. 5882, entitled

A bill to amend 1979 PA 218, entitled "Adult foster care facility licensing act," by amending section 13 (MCL 400.713), as amended by 2004 PA 59.

The bill was read a second time.

Rep. Newell 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. Newell 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. 5882, entitled

A bill to amend 1979 PA 218, entitled "Adult foster care facility licensing act," by amending section 13 (MCL 400.713), as amended by 2004 PA 59.

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

Roll Call No. 600 Yeas--90

Accavitti Gaffney Law Rivet

Acciavatti Gieleghem Lipsey Robertson

Adamini Gillard McConico Shackleton

Amos Gleason Meisner Shaffer

Anderson Hager Meyer Sheen

Bieda Hardman Middaugh Sheltrown

Brandenburg Hood Milosch Shulman

Brown Hoogendyk Minore Spade

Byrum Hopgood Moolenaar Stahl

Casperson Howell Murphy Stakoe

Caswell Huizenga Newell Stewart

Caul Hummel Nitz Tabor

Clack Hune Nofs Taub

Condino Hunter O'Neil Tobocman

Daniels Jamnick Palmer Vagnozzi

Dennis Johnson, Rick Palsrok Vander Veen

DeRoche Johnson, Ruth Pappageorge Voorhees

DeRossett Julian Pastor Walker

Drolet Koetje Phillips Ward

Elkins Kolb Plakas Waters

Emmons Kooiman Pumford Wojno

Farhat LaJoy Richardville Woronchak

Farrah LaSata

Nays--1

Bradstreet

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 1979 PA 218, entitled "Adult foster care facility licensing act," by amending section 13a (MCL 400.713a), as added by 1992 PA 176.

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. 5887, entitled

A bill to amend 1972 PA 295, entitled "Forensic polygraph examiners act," by amending sections 7 and 15 (MCL 338.1707 and 338.1715).

The bill was read a second time.

Rep. Acciavatti 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. 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.

______

Rep. LaSata moved that Rep. Caul 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. 5887, entitled

A bill to amend 1972 PA 295, entitled "Forensic polygraph examiners act," by amending sections 7 and 15 (MCL 338.1707 and 338.1715).

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

Roll Call No. 601 Yeas--95

Accavitti Garfield Lipsey Shaffer

Acciavatti Gieleghem McConico Sheen

Adamini Gillard Meisner Sheltrown

Amos Gleason Meyer Shulman

Anderson Hager Middaugh Spade

Bieda Hardman Milosch Stahl

Bradstreet Hood Minore Stakoe

Brandenburg Hoogendyk Moolenaar Steil

Brown Hopgood Newell Stewart

Byrum Howell Nitz Tabor

Casperson Huizenga Nofs Taub

Caswell 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

Elkins Kolb Richardville Wojno

Emmons Kooiman Rivet Woodward

Farhat LaJoy Robertson Woronchak

Farrah LaSata Sak Zelenko

Gaffney Law Shackleton

Nays--0

In The Chair: Julian

The House agreed to the title of the bill.

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

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

Second Reading of Bills

Senate Bill No. 1025, entitled

A bill to create a child protection registry; to prohibit the sending of certain communications to registered contact points; to proscribe the powers and duties of certain state agencies and officials; to create a fund and provide for fees; and to provide for penalties and remedies.

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

The substitute (H-2) was not adopted, a majority of the members serving not voting therefor.

Rep. Palsrok 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. 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. 1025, entitled

A bill to create a child protection registry; to prohibit the sending of certain communications to registered contact points; to proscribe the powers and duties of certain state agencies and officials; to create a fund and provide for fees; and to provide for penalties and remedies.

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

Roll Call No. 602 Yeas--94

Accavitti Gieleghem McConico Shaffer

Acciavatti Gillard Meisner Sheen

Adamini Gleason Meyer Sheltrown

Amos Hager Middaugh Shulman

Anderson Hardman Milosch Spade

Bieda Hood Minore Stahl

Bradstreet Hoogendyk Moolenaar Stakoe

Brandenburg Hopgood Newell Steil

Brown Howell Nitz Stewart

Byrum Huizenga Nofs Tabor

Casperson Hummel O'Neil Taub

Caswell Hune Palmer Tobocman

Clack Hunter Palsrok Vagnozzi

Condino Jamnick Pappageorge Van Regenmorter

Daniels Johnson, Rick Pastor Vander Veen

Dennis Johnson, Ruth Phillips Voorhees

DeRoche Julian Plakas Walker

DeRossett Koetje Pumford Ward

Drolet Kolb Richardville Waters

Elkins Kooiman Rivet Wojno

Farhat LaJoy Robertson Woodward

Farrah LaSata Sak Woronchak

Gaffney Law Shackleton Zelenko

Garfield Lipsey

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 establish the computer crime of sending certain electronic messages to minors; to create a child protection registry; to provide notice of contact points to which a minor has access; to prescribe the powers and duties of certain state agencies and officials; to create a fund and provide for fees; and to provide for penalties and remedies.

The motion prevailed.

The House agreed to the title as amended.

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

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

Second Reading of Bills

Senate Bill No. 1209, entitled

A bill to amend 1984 PA 44, entitled "Motor fuels quality act," by amending sections 6 and 9i (MCL 290.646 and 290.649i), section 6 as amended by 2002 PA 13 and section 9i as added by 1993 PA 236.

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

The motion prevailed.

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

The motion prevailed.

By unanimous consent the House returned to the order of

Third Reading of Bills

Senate Bill No. 1209, entitled

A bill to amend 1984 PA 44, entitled "Motor fuels quality act," by amending sections 6 and 9i (MCL 290.646 and 290.649i), section 6 as amended by 2002 PA 13 and section 9i as added by 1993 PA 236.

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

Roll Call No. 603 Yeas--89

Accavitti Gieleghem Meyer Sheen

Acciavatti Gillard Middaugh Sheltrown

Adamini Gleason Milosch Shulman

Amos Hager Minore Spade

Anderson Hardman Moolenaar Stahl

Bieda Hood Newell Stakoe

Brandenburg Hoogendyk Nitz Steil

Brown Hopgood Nofs Stewart

Byrum Howell O'Neil Tabor

Casperson Hummel Palmer Taub

Caswell Hune Palsrok Tobocman

Clack Johnson, Rick Pappageorge Vagnozzi

Condino Johnson, Ruth Pastor Van Regenmorter

Daniels Julian Phillips Vander Veen

Dennis Koetje Plakas Voorhees

DeRossett Kolb Pumford Walker

Drolet Kooiman Richardville Ward

Elkins LaJoy Rivet Waters

Emmons LaSata Robertson Wojno

Farhat Lipsey Sak Woodward

Farrah McConico Shackleton Woronchak

Gaffney Meisner Shaffer Zelenko

Garfield

Nays--0

In The Chair: Julian

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

"An act to provide purity and quality standards for motor fuels; to regulate the transfer, sale, dispensing, or offering motor fuels for sale; to provide for an inspection and testing program; to provide for the powers and duties of certain state agencies; to provide for the licensing of certain persons engaged in the transfer, sale, dispensing, or offering of motor fuels for sale; to regulate stage I and stage II vapor-recovery systems at certain facilities; to provide for fees; and to provide remedies and prescribe penalties,"

The House agreed to the full title.

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

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

______

Rep. Jamnick, 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. 603. Had I been present, I would have voted 'yea'."

Second Reading of Bills

Senate Bill No. 1222, entitled

A bill to amend 1965 PA 285, entitled "Private detective license act," by amending sections 9, 11, and 26 (MCL 338.829, 338.831, and 338.846), as amended by 2002 PA 474.

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. 1222, entitled

A bill to amend 1965 PA 285, entitled "Private detective license act," by amending sections 9, 11, and 26 (MCL 338.829, 338.831, and 338.846), as amended by 2002 PA 474.

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

Roll Call No. 604 Yeas--95

Accavitti Garfield Lipsey Shackleton

Acciavatti Gieleghem McConico Shaffer

Adamini Gillard Meisner Sheen

Amos Gleason Meyer Sheltrown

Anderson Hager Middaugh Shulman

Bieda Hardman Milosch Spade

Bradstreet Hood Minore Stahl

Brandenburg Hoogendyk Moolenaar Stakoe

Brown Hopgood Murphy Steil

Byrum Howell Newell Stewart

Casperson Huizenga Nitz Tabor

Caswell Hummel Nofs Taub

Clack Hune O'Neil Tobocman

Condino Hunter Palmer Vagnozzi

Daniels Jamnick Palsrok Van Regenmorter

Dennis Johnson, Rick Pappageorge Vander Veen

DeRoche Johnson, Ruth Pastor Voorhees

DeRossett Julian Phillips Walker

Drolet Koetje Plakas Ward

Elkins Kolb Pumford Waters

Emmons Kooiman Richardville Wojno

Farhat LaJoy Rivet Woronchak

Farrah LaSata Robertson Zelenko

Gaffney Law Sak

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 license and regulate private detectives and investigators; to provide for certain powers and duties for certain state agencies and local officials; to provide for the imposition for certain fees; to protect the general public against unauthorized, unlicensed and unethical operations by private detectives and private investigators; to provide for penalties and remedies; and to repeal acts and parts of acts,"

The House agreed to the full title.

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

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

Second Reading of Bills

Senate Bill No. 1223, entitled

A bill to amend 1986 PA 135, entitled "Asbestos abatement contractors licensing act," by amending sections 209 and 211 (MCL 338.3209 and 338.3211), section 209 as amended by 1993 PA 55 and section 211 as amended by 1998 PA 132.

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. 1223, entitled

A bill to amend 1986 PA 135, entitled "Asbestos abatement contractors licensing act," by amending sections 209 and 211 (MCL 338.3209 and 338.3211), section 209 as amended by 1993 PA 55 and section 211 as amended by 1998 PA 132.

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

Roll Call No. 605 Yeas--96

Accavitti Garfield Lipsey Shackleton

Acciavatti Gieleghem McConico Shaffer

Adamini Gillard Meisner Sheen

Amos Gleason Meyer Sheltrown

Anderson Hager Middaugh Shulman

Bieda Hardman Milosch Spade

Bradstreet Hood Minore Stahl

Brandenburg Hoogendyk Moolenaar Stakoe

Brown Hopgood Murphy Steil

Byrum Howell Newell Stewart

Casperson Huizenga Nitz Tabor

Caswell Hummel Nofs Taub

Clack Hune O'Neil Tobocman

Condino Hunter Palmer Vagnozzi

Daniels Jamnick Palsrok Van Regenmorter

Dennis Johnson, Rick Pappageorge Vander Veen

DeRoche Johnson, Ruth Pastor Voorhees

DeRossett Julian Phillips Walker

Drolet Koetje Plakas Ward

Elkins Kolb Pumford Waters

Emmons Kooiman Richardville Wojno

Farhat LaJoy Rivet Woodward

Farrah LaSata Robertson Woronchak

Gaffney Law Sak Zelenko

Nays--0

In The Chair: Julian

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

"An act to provide for the licensing and regulation of asbestos abatement contractors; to create the asbestos abatement contractors licensing board; to prescribe certain powers and duties of the department of consumer and industry services; to establish the powers and duties of the asbestos abatement contractors licensing board; to create an asbestos abatement fund and to provide for expenditures from the fund; to provide for the promulgation of rules; to provide for certain fees; and to provide for penalties and civil fines,"

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. 1228, entitled

A bill to amend 1973 PA 116, entitled "An act to provide for the protection of children through the licensing and regulation of child care organizations; to provide for the establishment of standards of care for child care organizations; to prescribe powers and duties of certain departments of this state and adoption facilitators; to provide penalties; and to repeal acts and parts of acts," by amending sections 5 and 9a (MCL 722.115 and 722.119a), section 5 as amended by 1998 PA 519 and section 9a as added by 1980 PA 232.

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

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

Rep. 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. 1228, entitled

A bill to amend 1973 PA 116, entitled "An act to provide for the protection of children through the licensing and regulation of child care organizations; to provide for the establishment of standards of care for child care organizations; to prescribe powers and duties of certain departments of this state and adoption facilitators; to provide penalties; and to repeal acts and parts of acts," by amending sections 5 and 9a (MCL 722.115 and 722.119a), section 5 as amended by 1998 PA 519 and section 9a as added by 1980 PA 232.

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

Roll Call No. 606 Yeas--93

Accavitti Gieleghem McConico Shaffer

Acciavatti Gillard Meisner Sheen

Adamini Gleason Meyer Sheltrown

Amos Hager Middaugh Shulman

Anderson Hardman Milosch Spade

Bieda Hood Minore Stahl

Brandenburg Hoogendyk Moolenaar Stakoe

Brown Hopgood Murphy Steil

Byrum Huizenga Newell Stewart

Casperson Hummel Nitz Tabor

Caswell Hune Nofs Taub

Clack Hunter O'Neil Tobocman

Condino Jamnick Palsrok Vagnozzi

Daniels Johnson, Rick Pappageorge Van Regenmorter

Dennis Johnson, Ruth Pastor Vander Veen

DeRoche Julian Phillips Voorhees

DeRossett Koetje Plakas Walker

Drolet Kolb Pumford Ward

Elkins Kooiman Richardville Waters

Emmons LaJoy Rivet Wojno

Farhat LaSata Robertson Woodward

Farrah Law Sak Woronchak

Gaffney Lipsey Shackleton Zelenko

Garfield

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.

By unanimous consent the House returned to the order of

Motions and Resolutions

Reps. Bradstreet, Nofs, Ruth Johnson and Palmer offered the following resolution:

House Resolution No. 289.

A resolution to extend subpoena power to the House Education Committee and to its Subcommittee on Intermediate School District Review for the purpose of administering oaths, taking sworn testimony, and examining files and records regarding intermediate school districts in Michigan.

Whereas, Full access to accurate information is essential for sound decision making by any public or private body. Section 1 of 1931 PA 118, being MCL § 4.101, provides that

Committees and commissions of or appointed by the legislature may by resolution of the legislature be authorized to administer oaths, subpoena witnesses and/or to examine the books and records of any persons, partnerships or corporations involved in a matter properly before any of such committees or commissions. Any witness who neglects or refuses to obey a subpoena of any of such committees or commissions, or who refuses to be sworn or testify, or who fails on demand to produce any papers, books or documents touching any matter under investigation, or any witness or attorney who is guilty of any contempt while in attendance at any hearing before any of such committees or commissions, may be punished as for contempt of the legislature.

Section 1 of 1952 PA 46, being MCL § 4.541, provides, in part, that

. . . any standing or select committee of the senate or the house of representatives, and any joint select committee of the senate and house of representatives, shall be authorized to subpoena and have produced before any such committee, or inspect the records and files of any state department, board, institution or agency; and it shall be the duty of any state department, board, institution or agency to produce before the committee as required by the subpoena, or permit the members of any such committee to inspect its records and files.

Pursuant to Rule 39 of the Standing Rules of the House of Representatives, the authority for a committee to issue subpoenas shall be granted by resolution, with the vote for adoption by record roll call and a majority of members elected and serving required for adoption; and

Whereas, Under the provisions of MCL § 4.83, a person guilty of contempt of the legislature shall be guilty of a misdemeanor and may, upon conviction, be punished by imprisonment in the state prison for not more than 5 years or by imprisonment in the county jail for not more than one year, or by a fine of not more than $1,000, or by both the fine and imprisonment in a county jail; now, therefore, be it

Resolved by the House of Representatives, That, pursuant to MCL § 4.101 and MCL § 4.541 and Rule 39 of the Standing Rules of the House of Representatives, we hereby grant subpoena power to the House Education Committee and to its Subcommittee on Intermediate School District Review. The Education Committee and its Subcommittee on Intermediate School District Review may administer oaths, take sworn testimony, and examine records and files relative to the operations of intermediate school districts in Michigan and exercise all powers provided for in MCL §§ 4.101 and 4.541; and be it further

Resolved, That copies of this resolution be transmitted to the House Education Committee and to its Subcommittee on Intermediate School District Review.

Pending the reference of the resolution to a committee,

Rep. Richardville moved that Rule 77 be suspended and the resolution be considered at this time.

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

The question being on the adoption of the resolution,

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

The motion prevailed.

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

The motion prevailed.

Reps. Sheen, Ward, Hoogendyk, Palsrok, Hune, DeRoche, Shaffer, Drolet, Koetje, Kooiman, Anderson, Brown, Adamini, Rivet, Sheltrown, Lipsey, Bieda, Wojno, Meisner, Hopgood, Wenke, Walker, Gieleghem, Farhat, Howell, Ruth Johnson, Caul, Van Regenmorter, Pappageorge, Middaugh, Pumford, Hart, Hager, Mortimer, Woronchak, Stahl, Stakoe, Shulman, Steil, Shackleton, Pastor, Gaffney, Hummel, Accavitti, Bisbee, Richardville, Hardman, DeRossett, Amos, Woodward, Gillard, Murphy, Newell, Caswell, O'Neil, Plakas, Farrah, Condino, Tobocman, Hunter, Minore, Gleason, Spade, Rocca, Moolenaar, Casperson, Bradstreet, Meyer, Acciavatti, Garfield, Nofs, Tabor, Emmons, Huizenga, Phillips, Robertson, Reeves, Vander Veen, LaJoy, Brandenburg, Milosch, Zelenko, Vagnozzi, Smith, Hood and Daniels offered the following resolution:

House Resolution No. 290.

A resolution to urge Michigan's public colleges and universities to refund tuition, fees, room, and board to students who are members of the National Guard and military reserves called to active duty after an academic term has started.

Whereas, As our country continues to fight the threat of terror in the world, our military personnel and their families are making great personal sacrifices. Although it is clear that we can never fully repay the debt we owe to the men and women who put themselves in peril to safeguard the liberties we enjoy as Americans, we have an obligation to do all we can to mitigate some of the sacrifices members of the military make to defend our country; and

Whereas, The military initiatives in Iraq and Afghanistan are being carried out not only by troops that were already on active duty, but also by tens of thousands of men and women who have been called to active duty from the National Guard or reserve units. For these men and women, careers, education, and family responsibilities have been disrupted dramatically. In many cases, the call to active status takes place very quickly. For a student who has just started an academic term, mobilization to active duty can mean leaving school after tuition, fees, room, and board have been prepaid and after any dates when refunds may be made by the college or university; and

Whereas, The financial pressures facing many Guard members and reservists called to active duty can be very imposing. State institutions should do all they can to accommodate these extraordinary situations by establishing policies that relieve this burden through refunds of tuition, fees, room, and board to students who interrupt their studies to fulfill their military responsibilities; now, therefore, be it

Resolved by the House of Representatives, That we urge Michigan's public colleges and universities to refund tuition, fees, room, and board to students who are members of the National Guard and military reserves called to active duty after an academic term has started; and be it further

Resolved, That copies of this resolution be transmitted to Michigan's public colleges and universities.

The resolution was referred to the Committee on Veterans Affairs and Homeland Security.

Reps. Bisbee, Amos, Casperson, Caswell, Caul, DeRossett, Emmons, Farhat, Garfield, Hager, Huizenga, Jamnick, Julian, Koetje, Kooiman, Meyer, Middaugh, Milosch, Palmer, Palsrok, Pappageorge, Richardville, Sak, Shulman, Stahl, Stewart, Tabor, Taub, Vander Veen, Voorhees, Woronchak, Rocca and Hune offered the following resolution:

House Resolution No. 291.

A resolution commemorating the 150th anniversary of the birth of the Republican Party in Jackson, Michigan.

Whereas, The Republican Party held its first meeting under the oaks near the intersection of West Franklin and Second streets in Jackson, Michigan, on July 6, 1854; and

Whereas, The marker at that historic site states, "Here, Under the Oaks July 6th, 1854, was born the Republican Party destined in the throes of civil strife to abolish slavery, vindicate democracy and perpetuate the union"; and

Whereas, The concerned people at the Jackson meeting officially adopted the name Republicans and drafted the first Republican Party platform; and

Whereas, The united voice of this Republican Party became the clarion call for all American citizens to oppose the forced servitude of their fellow man; now, therefore, be it

Resolved by the House of Representatives, That the members of this legislative body commemorate the sesquicentennial celebration of the birth of the Republican Party and express appreciation for the Republican Party's valuable contributions to our state and nation; and be it further

Resolved, That a copy of this resolution be transmitted to the city of Jackson, the Jackson County Republican Party, and the Michigan Republican Party.

Pending the reference of the resolution to a committee,

Rep. Richardville moved that Rule 77 be suspended and the resolution be considered at this time.

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

The question being on the adoption of the resolution,

The resolution was adopted.

Reports of Standing Committees

The Committee on Commerce, by Rep. Bisbee, Chair, reported

House Bill No. 5415, 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 4 (MCL 207.554), as amended by 1999 PA 140.

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. Bisbee, DeRoche, Koetje, Middaugh, Hune, Milosch, Palsrok, Rivet, McConico, Lipsey, Murphy, Tobocman and Accavitti

Nays: None

The Committee on Commerce, by Rep. Bisbee, Chair, reported

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.

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. Bisbee, DeRoche, Koetje, Middaugh, Palmer, Milosch, Palsrok, Rivet, Lipsey, Murphy, Tobocman and Accavitti

Nays: None

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Tuesday, June 29, 2004

Present: Reps. Bisbee, DeRoche, Koetje, Middaugh, Palmer, Hune, Milosch, Palsrok, Wenke, Rivet, McConico, Lipsey, Murphy, Tobocman and Accavitti

Absent: Reps. Howell, Drolet, Huizenga and O'Neil

Excused: Reps. Howell, Drolet, Huizenga and O'Neil

The Committee on Government Operations, by Rep. Koetje, Chair, reported

House Bill No. 6033, entitled

A bill to create the Ronald Wilson Reagan memorial monument fund; and to prescribe the purpose of the monument fund.

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. Koetje, Drolet and Howell

Nays: Rep. Lipsey

The Committee on Government Operations, by Rep. Koetje, Chair, reported

House Bill No. 6034, entitled

A bill to create the Ronald Wilson Reagan memorial monument fund commission to govern the Ronald Wilson Reagan memorial monument fund; to prescribe the powers and duties of the commission and certain state departments and officers; to provide for penalties; and to provide for dissolution of the commission.

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. Koetje, Drolet and Howell

Nays: Rep. Lipsey

The Committee on Government Operations, by Rep. Koetje, Chair, reported

Senate Bill No. 1215, entitled

A bill to amend 1979 PA 218, entitled "Adult foster care facility licensing act," by amending section 13 (MCL 400.713), as amended by 2004 PA 59.

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. Koetje, Drolet, Howell, Tobocman and Lipsey

Nays: None

The Committee on Government Operations, by Rep. Koetje, Chair, reported

Senate Bill No. 1216, entitled

A bill to amend 1974 PA 258, entitled "Mental health code," by amending section 137 (MCL 330.1137), as amended by 1995 PA 290.

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. Koetje, Drolet, Howell, Tobocman and Lipsey

Nays: None

The Committee on Government Operations, by Rep. Koetje, Chair, reported

Senate Bill No. 1224, entitled

A bill to amend 1988 PA 440, entitled "Asbestos workers accreditation act," by amending sections 11 and 14 (MCL 338.3411 and 338.3414), as amended by 1998 PA 133.

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. Koetje, Drolet, Howell, Tobocman and Lipsey

Nays: None

The Committee on Government Operations, by Rep. Koetje, Chair, reported

Senate Bill No. 1260, entitled

A bill to amend 1927 PA 175, entitled "The code of criminal procedure," by amending section 14g of chapter XVII (MCL 777.14g), as added by 2002 PA 29.

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. Koetje, Drolet, Howell, Tobocman and Lipsey

Nays: None

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Tuesday, June 29, 2004

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

Notices

The Speaker appointed as conferees, on the part of the House of Representatives for Senate Bill No. 1062, Reps. Caswell, Brandenburg and Sak.

The Speaker appointed as conferees, on the part of the House of Representatives for Senate Bill No. 1063, Reps. Newell, Shaffer and Whitmer.

The Speaker appointed as conferees, on the part of the House of Representatives for Senate Bill No. 1064, Reps. Pumford, Brandenburg and Reeves.

The Speaker appointed as conferees, on the part of the House of Representatives for Senate Bill No. 1065, Reps.Moolenaar, Pumford and Plakas.

The Speaker appointed as conferees, on the part of the House of Representatives for Senate Bill No. 1066, Reps. Pastor, Moolenaar and Brown.

The Speaker appointed as conferees, on the part of the House of Representatives for Senate Bill No. 1067, Reps. Caul, Farhat and Brown.

The Speaker appointed as conferees, on the part of the House of Representatives for Senate Bill No. 1068, Reps. Pastor, Walker and Brown.

The Speaker appointed as conferees, on the part of the House of Representatives for Senate Bill No. 1069, Reps.Moolenaar, Pumford and Plakas.

Introduction of Bills

Reps. Ruth Johnson, Garfield, Wenke, Hoogendyk and Emmons introduced

House Bill No. 6056, entitled

A bill to amend 1961 PA 236, entitled "Revised judicature act of 1961," (MCL 600.101 to 600.9947) by adding sections 3112 and 3214.

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

Reps. Steil, Meyer, Nofs, Richardville, Moolenaar, Ward, Garfield, Hummel, Taub, Pappageorge, Voorhees, Mortimer, Shaffer, Rivet, Wojno, Murphy, Lipsey, Stahl, Bisbee, Pastor, Kooiman, Gillard, Accavitti, Farrah, Shackleton, Palmer and LaJoy introduced

House Bill No. 6057, entitled

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

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

Reps. Gaffney, Stahl, Garfield, Ehardt, Shackleton, Steil, Hummel, Hune, Emmons, Sheen, Milosch and Ward introduced

House Bill No. 6058, entitled

A bill to amend 1976 PA 451, entitled "The revised school code," by amending section 1284b (MCL 380.1284b), as amended by 2001 PA 167.

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

______

Rep. Hunter moved that the House adjourn.

The motion prevailed, the time being 7:50 p.m.

The Speaker Pro Tempore declared the House adjourned until Wednesday, June 30, at 1:00 p.m.

GARY L. RANDALL

Clerk of the House of Representatives