2005-HJ-02-01-003.htm

No. 3

STATE OF MICHIGAN

JOURNAL

OF THE

House of Representatives

93rd Legislature

REGULAR SESSION OF 2005

House Chamber, Lansing, Tuesday, February 1, 2005.

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 Emmons--present Leland--present Robertson--present

Acciavatti--present Espinoza--present Lemmons, III--present Rocca--present

Adamini--excused Farhat--present Lemmons, Jr.--present Sak--present

Amos--present Farrah--present Lipsey--present Schuitmaker--present

Anderson--present Gaffney--present Marleau--present Shaffer--present

Angerer--present Garfield--present Mayes--present Sheen--present

Ball--present Gillard--present McConico--present Sheltrown--present

Baxter--present Gleason--present McDowell--present Smith, Alma--present

Bennett--present Gonzales--present Meisner--present Smith, Virgil--present

Bieda--present Gosselin--present Meyer--present Spade--present

Booher--present Green--present Miller--present Stahl--excused

Brandenburg--excused Hansen--present Moolenaar--present Stakoe--present

Brown--present Hildenbrand--present Moore--present Steil--present

Byrnes--present Hood--present Mortimer--present Stewart--present

Byrum--present Hoogendyk--present Murphy--present Taub--present

Casperson--present Hopgood--present Newell--present Tobocman--present

Caswell--present Huizenga--present Nitz--present Vagnozzi--present

Caul--present Hummel--present Nofs--present Van Regenmorter--present

Cheeks--present Hune--present Palmer--present Vander Veen--present

Clack--present Hunter--present Palsrok--present Walker--present

Clemente--present Jones--present Pastor--present Ward--present

Condino--present Kahn--present Pavlov--present Waters--present

Cushingberry--excused Kehrl--present Pearce--present Wenke--present

DeRoche--excused Kolb--present Phillips--present Whitmer--present

Dillon--present Kooiman--present Plakas--present Williams--present

Donigan--present LaJoy--present Polidori--present Wojno--present

Drolet--present Law, David--present Proos--present Zelenko--present

Elsenheimer--present Law, Kathleen--present

e/d/s = entered during session

Rep. Michael C. Murphy, from the 68th District, offered the following invocation:

"Let us bow our heads. Turn our hearts toward heaven.

'If I knew you and you knew me

And each of us could clearly see,

By that Inner Light divine,

The meaning of your life and mine,

We'd clasp our hands in friendliness,

And then we'd differ less,

If I knew you and you knew me'

-Howard Thurman, 'Meditations of the Heart'

Almighty God, we thank You for this day. We thank You Lord for bringing this House of Representatives together once again. We pray, Lord, that You would be with us as we deliberate on the business before us. We pray Your continued blessings upon our great state. Lord, as we face challenges, we pray that You would just touch us with solutions and answers that we might make this a better place. We pray for our nation; we pray for the world; but Lord, we just pray right now that we would find common ground, that we might know of one another better. Lord, we pray for blessing this day. We ask Almighty God that You would bless our great state as we pray in Your name. Amen."

______

Rep. Palmer moved that Reps. Brandenburg, DeRoche and Stahl be excused from today's session.

The motion prevailed.

Rep. Sak moved that Reps. Adamini and Cushingberry be excused from today's session.

The motion prevailed.

Motions and Resolutions

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

House Resolution No. 8.

A resolution of tribute offered as a memorial for Frank M. Fitzgerald, former member of the House of Representatives.

Whereas, The members and staff of the Michigan Legislature were shocked and saddened by the loss of Frank Fitzgerald, a gentleman who truly embodied the highest standards of public service throughout his tenure as a lawmaker and in all aspects of his professional life. To his wife, parents, son, and daughter we extend our deepest sympathies and hope that knowledge of the impact of his life on our state can provide some measure of comfort; and

Whereas, Few families are more closely associated with selfless service to Michigan than the Fitzgeralds. Following the example of his great grandfather, a State Representative, his grandfather, a Governor, and his father, a State Senator, Court of Appeals Judge, and Michigan Supreme Court Chief Justice, Frank Fitzgerald turned his concern for others to a life in public service and the law. He was a graduate of the College of William and Mary and Cooley Law School, and he worked as an assistant prosecuting attorney in Eaton County prior to his first election to the Michigan House of Representatives in 1986; and

Whereas, Over the course of his 12 years as a lawmaker, Frank Fitzgerald exerted an enormous positive impact on our state and the institution of the Michigan Legislature. A man of great determination, integrity, and warmth, he bridged partisan divisions with reason and forged meaningful solutions. As a Co-Speaker Pro Tempore, Representative Fitzgerald was a key figure behind the success of the historic shared power arrangement of the Eighty-seventh Legislature in 1993-94; and

Whereas, Frank Fitzgerald's policy accomplishments were many, and included his leadership on traffic safety issues. After his legislative tenure, he continued to engage his talents for the good of the people of Michigan as the head of the Office of Financial and Insurance Services. Most importantly, he brought to the often-contentious arena of politics a unique combination of civility, principle, and effectiveness throughout his entire career. His gifts will long benefit our state; now, therefore, be it

Resolved by the House of Representatives, That we offer this expression of our highest tribute to honor the memory of our friend and former colleague, Frank M. Fitzgerald, a member of this legislative body from 1987 to 1998; and be it further

Resolved, That copies of this resolution be transmitted to the Fitzgerald family as evidence of the admiration we will always hold for his memory.

The question being on the adoption of the resolution,

The resolution was adopted by unanimous standing vote.

______

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

The motion prevailed.

Reps. Vander Veen, Amos, Taub, Palsrok, Hune, Caswell, Ward, Pastor, Accavitti, Anderson, Angerer, Bieda, Brown, Byrnes, Clack, Condino, Elsenheimer, Emmons, Farhat, Farrah, Garfield, Gleason, Hansen, Hopgood, Huizenga, Jones, LaJoy, Kathleen Law, Lemmons, III, Lemmons, Jr., Lipsey, Mayes, Mortimer, Murphy, Newell, Nitz, Pavlov, Phillips, Polidori, Proos, Sak, Schuitmaker, Sheltrown, Virgil Smith, Stewart, Tobocman, Vagnozzi, Waters, Wojno and Zelenko offered the following resolution:

House Resolution No. 9.

A resolution designating February 3, 2005, as Wear Red for Women Day in the state of Michigan.

Whereas, Cardiovascular disease is the nation's leading cause of death, and stroke is the third leading cause of death; and

Whereas, Cardiovascular disease is the leading cause of death among women; and

Whereas, Heart attack, stroke, and other cardiovascular diseases claim the lives of more than a half-million women each year--more than the next seven leading causes of death combined and nearly twice as many as all forms of cancer, including breast cancer; and

Whereas, One in five females in the United States has some form of cardiovascular disease; and

Whereas, Sixty-three percent of women who died suddenly of coronary heart disease had no previous symptoms of this disease; and

Whereas, The annual cost of cardiovascular disease and stroke in the United States is estimated at $352 billion; and

Whereas, February is traditionally recognized as American Heart Month; and

Whereas, On February 6, 2005, the American Heart Association will celebrate the launch of the campaign named "Go Red For Women," with the declaration of National Wear Red for Women Day to enlighten women on the magnitude of heart disease, encourage them to modify behaviors that will reduce their risk of developing heart disease, and help them to live longer and stronger lives; therefore be it

Resolved by House of Representatives, That the members of this legislative body declare February 3, 2005, as Wear Red for Women Day in the state of Michigan and help promote Wear Red Day in your local community to raise awareness of this potential threat.

Pending the reference of the resolution to a committee,

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

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

The question being on the adoption of the resolution,

The resolution was adopted.

Reps. Hansen, Accavitti, Anderson, Bieda, Brown, Byrnes, Caswell, Condino, Elsenheimer, Farhat, Farrah, Garfield, Gleason, Gosselin, Hopgood, Huizenga, Jones, Kolb, LaJoy, Kathleen Law, Lemmons, III, Lemmons, Jr., Mayes, Mortimer, Murphy, Newell, Nitz, Palsrok, Pavlov, Phillips, Polidori, Proos, Sak, Schuitmaker, Sheltrown, Virgil Smith, Stewart, Taub, Tobocman, Vagnozzi, Waters, Wojno and Zelenko offered the following resolution:

House Resolution No. 10.

A resolution to commemorate February 2005 as National Cherry Month in the state of Michigan.

Whereas, It is most appropriate to commemorate February 2005 as National Cherry Month. The Cherry Marketing Institute (CMI) was formed in 1988 and is funded by U.S. tart cherry growers. The goal of the CMI is to increase the use of cherries through promotion, market expansion, product development and research; and

Whereas, Michigan, known for its world-record tart cherry harvest, also hosts the world's largest cherry celebration, the National Cherry Festival. It takes place each July in Traverse City, Michigan; and

Whereas, The United States produces about 650 million pounds of sweet and tart cherries each year. Michigan produces the largest tart cherry crop. An average of 200 to 250 million pounds of tart cherries are harvested each year or 70 to 75 percent of the crop; and

Whereas, Consumers are eager to buy cherry products in February to help celebrate a variety of special days during the month, including Valentine's Day and Paczki Day (Fat Tuesday); and

Whereas, Cherries contain powerful antioxidants that may help fight cancer and heart disease and relieve the pain associated with arthritis, according to research at Michigan State University; and

Whereas, Children are told the tale of young George Washington and how he could not lie to his father about chopping down a cherry tree. Cherries have become a symbol of his birthday. Americans continue to celebrate Presidents' Day on February 21st and Washington's Birthday on February 22nd by eating cherry pie; now, therefore, be it

Resolved by the House of Representatives, That the members of this legislative body commemorate February 2005 as National Cherry Month in the state of Michigan; and be it further

Resolved, That we also commemorate the members of the Cherry Marketing Institute and the many growers and processors. We commend them on their valuable contributions and the central role they play in producing and promoting such an important agricultural commodity; and be it further

Resolved, That copies of this resolution be transmitted to the members of CMI as an expression of our respect and esteem.

Pending the reference of the resolution to a committee,

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

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

The question being on the adoption of the resolution,

The resolution was adopted.

Reps. Elsenheimer, Baxter, Farhat, Garfield, Gosselin, Hansen, Huizenga, Hummel, Jones, LaJoy, Meyer, Mortimer, Newell, Nofs, Palmer, Palsrok, Pavlov, Proos, Robertson, Schuitmaker, Sheen, Stewart, Taub, Vander Veen and Walker offered the following resolution:

House Resolution No. 11.

A resolution to memorialize the United States Senate to begin confirmation hearings before the Senate Judiciary Committee on Michigan nominees to the United States Sixth Circuit Court of Appeals and to urge the full Senate to hold a vote on the nominees.

Whereas, The Sixth Circuit has been designated a "judicial emergency" by the Administrative Office of the United States Courts. This designation indicates that vacancies are placing additional burdens on judges who are already carrying full case loads and that the vacancies are a disservice to the American people; and

Whereas, All four of the President's United States Court of Appeals judicial nominees from Michigan have waited more than two years for a vote, and three have yet to be reported out of the Senate Judiciary Committee. One of the Michigan vacancies has been open more than nine years; and

Whereas, The Sixth Circuit is severely understaffed, with four of its 16 seats vacant. It ranks dead last out of the 12 circuit courts in the time it takes to complete its cases. In 2003, the Sixth Circuit took, on average, 16.8 months to reach a final disposition of an appeal, while the national average was 10.5 months. This means the Sixth Circuit took 62.5% percent longer than the national average to reach final disposition of an appeal; and

Whereas, Decisions from the Sixth Circuit are slower in coming, and the effects on our people, our society, and our economy are far-reaching. Litigation increases as people strive to continue doing business when the lines of swift justice and clear precedent are being blurred; and

Whereas, The United States Senate is putting our system of justice in jeopardy in Michigan and the states of the Sixth Circuit Court of Appeals; and

Whereas, The United States Senate is allowing the continued, intentional obstruction of the judicial nominations of four fine Michigan jurists: Judges Henry W. Saad, Susan B. Neilson, David W. McKeague, and Richard A. Griffin, all nominated by the President of the United States to serve on the United States Sixth Circuit Court of Appeals; and

Whereas, We join with the members of Michigan's congressional delegation who wrote Senate Judiciary Committee Chairman Orrin Hatch on February 26, 2003, to express their concern that "if the President's nominations are permitted to be held hostage, for reasons not personal to any nominee, then these judicial seats traditionally held by judges representing the citizens of Michigan may be filled with nominees from other states within the Sixth Circuit"; and

Whereas, Michigan's former Governor, John Engler, has expressed his recent support for the President to seek nominations outside the state of Michigan if Michigan judicial nominees continue to be blocked from confirmation hearings and votes; now, therefore, be it

Resolved by the House, That we memorialize the United States Senate to begin confirmation hearings before the Senate Judiciary Committee on Michigan nominees to the United States Sixth Circuit Court of Appeals and urge the full Senate to hold a vote on the nominees. We urge Michigan's United States Senators to support hearings and votes on the nominees; and be it further

Resolved, That copies of this resolution be transmitted to Michigan's United States Senators and to the President of the United States Senate.

The resolution was referred to the Committee on Government Operations.

Reps. Drolet, Acciavatti, Baxter, Elsenheimer, Farhat, Garfield, Gosselin, Hansen, Huizenga, Jones, LaJoy, Meyer, Mortimer, Newell, Nitz, Nofs, Palmer, Palsrok, Pavlov, Proos, Robertson, Rocca, Sheen, Steil, Stewart, Taub, Vagnozzi and Vander Veen offered the following resolution:

House Resolution No. 12.

A resolution declaring February 6, 2005, as Ronald Reagan Day in the state of Michigan.

Whereas, President Ronald Wilson Reagan, a man of humble background, worked throughout his life serving freedom and advancing the public good. He was employed as an entertainer, Union leader, corporate spokesman, Governor of California and President of the United States; and

Whereas, Ronald Reagan served with honor and distinction for two terms as the 40th President of the United States of America. In his second term election, he earned the confidence of 3/5 of the electorate and was victorious in 49 of the 50 states in the general election. That is a record unsurpassed in the history of American presidential elections; and

Whereas, In 1981, when Ronald Reagan was inaugurated President, he inherited a disillusioned nation shackled by rampant inflation and high unemployment; and

Whereas, During Mr. Reagan's presidency, he worked in a bipartisan manner to enact his bold agenda of restoring accountability and common sense to Government which led to an unprecedented economic expansion and opportunity for millions of Americans; and

Whereas, President Reagan's commitment to an active social policy agenda for the nation's children helped lower crime and drug use in our neighborhoods; and

Whereas, President Reagan's commitment to our armed forces contributed to the restoration of pride in America, her values and those cherished by the free world, and prepared America's Armed Forces to meet 21st century challenges; and

Whereas, President Reagan's vision of "peace through strength" led to the end of the Cold War and the ultimate demise of the Soviet Union, which guaranteed basic human rights for millions of people; and

Whereas, February 6, 2005, will be the 94th anniversary of President Reagan's birth, and the first since his passing; now, therefore, be it

Resolved by the House of Representatives, That the members of this legislative body declare February 6, 2005, to be Ronald Reagan Day in the state of Michigan. We urge all the citizens of Michigan to take cognizance of this event and participate fittingly in its observance.

Pending the reference of the resolution to a committee,

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

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

The question being on the adoption of the resolution,

The resolution was adopted.

Reps. Nofs, Wenke, Baxter, Mortimer, Acciavatti, Elsenheimer, Farhat, Garfield, Hansen, Huizenga, Hummel, Jones, LaJoy, Lemmons, III, Lemmons, Jr., Meyer, Murphy, Newell, Palmer, Palsrok, Pavlov, Proos, Robertson, Schuitmaker, Sheen, Stewart, Taub, Vander Veen and Walker offered the following resolution:

House Resolution No. 13.

A resolution to urge the Governor to review all existing and future mandates, so that they are carefully scrutinized for effectiveness and their impact on Michigan's competitiveness in a global economy.

Whereas, As almost every other state in the country is experiencing an economic recovery, Michigan continues to struggle with job losses and serious budget shortfalls. Michigan's jobless rate of 7.3 percent, among the three worst in the country, remains significantly above the December 2004 national figure of 5.4 percent; and

Whereas, The overall impact of the enormous job losses facing our state, especially in manufacturing, touches every citizen of the state in some way. The state's economic problems are keenly felt in our schools, in local government services, in health care, and in public safety responsibilities; and

Whereas, A longstanding concern in the business community is the harmful impact that excessive governmental mandates have on the creation of new jobs and the retention of existing employment. It is imperative that the burdens of nonessential regulatory requirements in areas such as insurance, environmental protection, and financial record keeping be brought to a minimum. Clearly, new mandates will only make Michigan's economic situation even worse and will jeopardize our state's future; now, therefore, be it

Resolved by the House of Representatives, That we urge the Governor to review all existing and future mandates, so that they are carefully scrutinized for effectiveness and their impact on Michigan's competitiveness in a global economy; and be it further

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

The resolution was referred to the Committee on Commerce.

Reps. Palmer, Acciavatti, Clack, Elsenheimer, Garfield, Gosselin, Hansen, Huizenga, Hummel, LaJoy, Lemmons, III, Lemmons, Jr., Meyer, Mortimer, Newell, Palsrok, Pavlov, Proos, Robertson, Schuitmaker, Sheen, Stewart, Taub and Vander Veen offered the following resolution:

House Resolution No. 14.

A resolution to state the intention of the House of Representatives to address the rising costs of health care and retirement in public education.

Whereas, Our state has a long history of providing the best educational options for our children, as well as a long history of bold and innovative steps to address inequities that arise; and

Whereas, Our school districts are facing the largest financial crisis since Proposal A was implemented in 1994. This is due in large part to rising labor costs, including health insurance and generous pension benefits; and

Whereas, Retirement and health care costs have eroded many of the financial gains our schools realized in the years following Proposal A. Despite increasing per-pupil funding, these school funding increases have been largely consumed by retiree and health care obligations. The Michigan Department of Education is projecting a cost of $90 per pupil for increased retirement costs and $160 in increased health care costs. In an era when dollars are needed in the classroom to assure that each and every child in Michigan receives a world class education, new creative policies must be explored; and

Whereas, In the past year alone, the Superintendent of Public Instruction, many school superintendents, and a host of state educational leaders have called for a dialogue and action on the problems our school districts face in meeting their rapidly growing health care and retirement costs; now, therefore, be it

Resolved by the House of Representatives, That we shall dedicate our resources and direct our collective efforts to address the rising costs of health care and retirement in public education; and be it further

Resolved, That we invite the Governor to join us in crafting policy that helps direct more resources directly into Michigan's classrooms; and be it further

Resolved, That copies of this resolution be transmitted to the Executive Office, the Michigan Department of Education, and the Superintendent of Public Instruction.

The resolution was referred to the Committee on Education.

Reps. Elsenheimer, Baxter, Emmons, Farhat, Garfield, Gosselin, Hansen, Huizenga, Hummel, Jones, LaJoy, Meyer, Mortimer, Newell, Nofs, Palmer, Palsrok, Pavlov, Proos, Robertson, Schuitmaker, Sheen, Stewart, Taub, Vander Veen and Walker offered the following concurrent resolution:

House Concurrent Resolution No. 2.

A concurrent resolution to memorialize the United States Senate to begin confirmation hearings before the Senate Judiciary Committee on Michigan nominees to the United States Sixth Circuit Court of Appeals and to urge the full Senate to hold a vote on the nominees.

Whereas, The Sixth Circuit is severely understaffed, with four of its 16 seats vacant. It ranks dead last out of the 12 circuitcourts in the time it takes to complete its cases. In 2003, the Sixth Circuit took, on average, 16.8 months to reach a final disposition of an appeal, while the national average was 10.5 months. This means the Sixth Circuit took 62.5% percent longer than the national average to reach final disposition of an appeal; and

Whereas, The United States Senate is putting our system of justice in jeopardy in Michigan and the states of the Sixth Circuit Court of Appeals; and

Resolved by the House (the Senate concurring), That we memorialize the United States Senate to begin confirmation hearings before the Senate Judiciary Committee on Michigan nominees to the United States Sixth Circuit Court of Appeals and urge the full Senate to hold a vote on the nominees. We urge Michigan's United States Senators to support hearings and votes on the nominees; and be it further

Resolved, That copies of this resolution be transmitted to Michigan's United States Senators and to the President of the United States Senate.

The concurrent resolution was referred to the Committee on Government Operations.

Reports of Standing Committees

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Tuesday, February 1, 2005

Present: Reps. Huizenga, Baxter, Emmons, Palsrok, Wenke, Green, Hildenbrand, Jones, David Law, Marleau, Pavlov, Schuitmaker, Meisner, Tobocman, Murphy, Dillon, Bennett, Accavitti and McConico

Announcement by the Clerk of Printing and Enrollment

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

Senate Bill Nos. 84 85 86 87 88 89 90 92 93 94 95 96 97 98 99 100 101

The Clerk announced that the following bills and joint resolutions had been printed and placed upon the files of the members on Friday, January 28:

House Bill Nos. 4001 4002 4003 4004 4005 4006 4007 4008 4009 4010 4011 4012 4013 4014 4015 4016 4017 4018 4019 4020 4021 4022 4023 4024 4025 4026 4027 4028 4029 4030 4031 4032 4033 4034 4035 4036 4037 4038 4039 4040 4041 4042 4043 4044 4045 4046 4047 4048 4049 4050 4051 4052 4053 4054 4055 4056 4057 4058 4059 4060 4061 4062 4063 4064 4065 4066 4067 4068 4069 4070 4071 4072 4073 4074 4075 4076 4077 4078 4079 4080 4081

House Joint Resolutions A B

Senate Bill Nos. 91 102 103 104 105 106 107 108 109 110 111 112

The Clerk announced that the following bill had been printed and placed upon the files of the members on Tuesday, February 1:

Senate Bill No. 137

Communications from State Officers

The following communication from the Office of the Great Lakes was received and read:

January 28, 2005

This letter is being sent in compliance with Public Act 156 of the Public Acts of 1989. Section 10(1) of Act 156 requires that a list of grants be submitted annually to the legislature.

The Office of the Great Lakes (OGL) did not release a request for new proposals in 2004 due to funding constraints. Executive Order 2002-22 supplanted $400,000 general fund from the OGL budget and substituted funding from the Michigan Great Lakes Protection Fund (MGLPF) for OGL administrative costs which has affected subsequent OGL budgets including fiscal year 2004. Therefore, the revenue allocation from the Regional Great Lakes Protection Fund received in spring 2004 provided necessary funding for OGL activity and the legislatively authorized carp barrier. The MGLPF has not provided any new funding for ongoing projects that were previously recommended by the MGLPF Technical Advisory Board.

If you have any questions, please contact Ms. Emily Finnell of my staff at 517-241-7927, or you may contact me.

Sincerely,

Ken DeBeaussaert

Director

The communication was referred to the Clerk.

Announcements by the Clerk

Following is a listing of changes to the schedule of Standing Committees for the 2005-2006 Legislative Session:

Tuesday 2:00 p.m. or after committees are given leave by the House to meet, whichever time is later

Agriculture 307 House Office Building

Wednesday 10:30 a.m. Banking and Financial Services 327 House Office Building

Thursdays 9:00 a.m. Natural Resources, Great Lakes, Land Use, 519 House Office Building

and Environment

By unanimous consent the House returned to the order of

Notices

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

House Bill No. 4024 referred to the Committee on Conservation, Forestry, and Outdoor Recreation.

House Bill No. 4066 referred to the Committee on Conservation, Forestry, and Outdoor Recreation.

Introduction of Bills

Reps. Gleason, Bieda, Mayes, Sak and Alma Smith introduced

House Bill No. 4082, entitled

A bill to amend 1949 PA 300, entitled "Michigan vehicle code," by amending section 310 (MCL 257.310), as amended by 2004 PA 495.

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

Rep. Gleason introduced

House Bill No. 4083, entitled

A bill to amend 1954 PA 116, entitled "Michigan election law," by amending section 951 (MCL 168.951), as amended by 1993 PA 45.

The bill was read a first time by its title and referred to the Committee on House Oversight, Elections, and Ethics.

Reps. Taub, Robertson and Schuitmaker introduced

House Bill No. 4084, entitled

A bill to amend 1956 PA 218, entitled "The insurance code of 1956," by amending section 2006 (MCL 500.2006), as amended by 2004 PA 28.

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

Reps. Taub and Amos introduced

House Bill No. 4085, entitled

A bill to amend 1976 PA 451, entitled "The revised school code," by amending sections 951, 952, 953, 953a, 954, 955, and 971 (MCL 380.951, 380.952, 380.953, 380.953a, 380.954, 380.955, and 380.971), section 951 as amended by 1990 PA 147, section 952 as amended by 1982 PA 370, and section 953a as added and section 971 as amended by 1995 PA 289, and by adding section 951a.

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

Reps. Taub, Stakoe and Amos introduced

House Bill No. 4086, entitled

A bill to amend 1846 RS 83, entitled "Of marriage and the solemnization thereof," by amending sections 7 and 16 (MCL 551.7 and 551.16), section 7 as amended by 1983 PA 64.

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

Rep. Taub introduced

House Bill No. 4087, entitled

A bill to regulate insurance, bankruptcy, mortgage, insolvency, assignee's, executor's, administrator's, receiver's, trustee's, removal, and going-out-of-business sales and sales of damaged goods; to require licenses to conduct those sales; to provide for the powers and duties of certain local governmental officers and entities; to prescribe penalties; and to repeal acts and parts of acts.

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

Rep. Taub introduced

House Bill No. 4088, entitled

A bill to amend 1961 PA 236, entitled "Revised judicature act of 1961," by amending section 4701 (MCL 600.4701), as amended by 2002 PA 142.

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

Rep. Taub introduced

House Bill No. 4089, entitled

A bill to amend 1955 PA 224, entitled "An act to regulate sales at public auction; to provide for the issuing of licenses; and to prescribe penalties for violations of the provisions of this act," by amending sections 1, 2, 3, 4, 5, 6, 7, 9, and 10 (MCL 446.51, 446.52, 446.53, 446.54, 446.55, 446.56, 446.57, 446.59, and 446.60) and by adding sections 1a and 5a.

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

Reps. Taub, Stakoe, Pastor and Schuitmaker introduced

House Bill No. 4090, entitled

A bill to amend 1953 PA 232, entitled "Corrections code of 1953," by amending section 34 (MCL 791.234), as amended by 2004 PA 218.

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

Reps. Virgil Smith and Murphy introduced

House Bill No. 4091, entitled

A bill to amend 1976 PA 451, entitled "The revised school code," by amending section 1147 (MCL 380.1147).

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

Reps. Virgil Smith and Murphy introduced

House Bill No. 4092, entitled

A bill to amend 1931 PA 328, entitled "The Michigan penal code," by amending sections 224 and 227 (MCL 750.224 and 750.227), section 224 as amended by 1991 PA 33 and section 227 as amended by 1986 PA 8.

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

Reps. Byrnes, Kolb, Polidori, Sheltrown, Tobocman, Miller, Wojno, Accavitti, Gonzales, Gleason, McDowell, Alma Smith, Kathleen Law, Meisner, Clack, Zelenko, Sak and Bieda introduced

House Bill No. 4093, entitled

A bill to amend 1954 PA 116, entitled "Michigan election law," by amending sections 758, 759, and 759b (MCL 168.758, 168.759, and 168.759b), section 758 as amended by 1996 PA 207 and section 759 as amended by 1995 PA 261.

The bill was read a first time by its title and referred to the Committee on House Oversight, Elections, and Ethics.

Reps. Miller, Bieda, Sak, Tobocman, Leland, Vagnozzi, Plakas, Kehrl, Farrah, Kathleen Law, Condino, Byrum and Byrnes introduced

House Bill No. 4094, entitled

A bill to amend 1984 PA 431, entitled "The management and budget act," (MCL 18.1101 to 18.1594) by adding section 229.

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

Reps. Miller, Bieda, Sak, Tobocman, Leland, Vagnozzi, Plakas, Kehrl, Farrah, Kathleen Law, Condino, Byrum and Byrnes introduced

House Bill No. 4095, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," (MCL 324.101 to 324.90106) by adding part 166.

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

Reps. Miller, Gleason, Polidori, Sheltrown, Gosselin and Byrnes introduced

House Bill No. 4096, entitled

A bill to amend 1967 PA 281, entitled "Income tax act of 1967," (MCL 206.1 to 206.532) by adding section 272.

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

Reps. Accavitti, Sheltrown, Condino, Sak, Plakas and Vagnozzi introduced

House Bill No. 4097, entitled

A bill to amend 1976 PA 451, entitled "The revised school code," (MCL 380.1 to 380.1852) by adding section 1271.

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

Reps. Accavitti, Byrnes, Bieda, Condino, Plakas and Vagnozzi introduced

House Bill No. 4098, entitled

A bill to amend 1980 PA 350, entitled "The nonprofit health care corporation reform act," (MCL 550.1101 to 550.1704) by adding section 416e.

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

Reps. Accavitti, Byrnes, Bieda, Condino and Vagnozzi introduced

House Bill No. 4099, entitled

A bill to amend 1956 PA 218, entitled "The insurance code of 1956," (MCL 500.100 to 500.8302) by adding section 3406s.

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

Reps. Wojno, Byrnes, Accavitti, Gonzales, Gleason, Gaffney, Plakas and Bieda introduced

House Bill No. 4100, entitled

A bill to amend 1846 RS 2, entitled "Of the legislature," by amending section 4 (MCL 4.84).

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

Reps. Wojno, Byrnes, Accavitti, Hood, Gonzales, Sak, Gleason and Plakas introduced

House Bill No. 4101, entitled

A bill to amend 1978 PA 368, entitled "Public health code," by amending section 21513 (MCL 333.21513), as amended by 2002 PA 125, and by adding section 21525.

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

Reps. Wojno, Byrnes, Accavitti, Sheltrown, Gonzales, Sak, Miller, Gleason, Gaffney and Plakas introduced

House Bill No. 4102, entitled

A bill to amend 1984 PA 431, entitled "The management and budget act," by amending section 261 (MCL 18.1261), as amended by 1993 PA 46.

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

Reps. Wojno, Byrnes, Accavitti, Hood, Gonzales, Sak, Miller, Gleason and Plakas introduced

House Bill No. 4103, entitled

A bill to amend 1978 PA 368, entitled "Public health code," (MCL 333.1101 to 333.25211) by adding section 20195a.

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

Reps. Wojno, Byrnes, Accavitti and Gleason introduced

House Bill No. 4104, entitled

A bill to amend 1956 PA 218, entitled "The insurance code of 1956," (MCL 500.100 to 500.8302) by adding section 3406s.

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

Reps. Drolet, Hoogendyk, Gosselin, Garfield, Hummel, Gaffney, Hildenbrand, Acciavatti, Palmer, Huizenga, Casperson and Robertson introduced

House Bill No. 4105, entitled

A bill to amend 1975 PA 228, entitled "Single business tax act," by amending section 4 (MCL 208.4), as amended by 2003 PA 240; and to repeal acts and parts of acts.

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

Reps. Kathleen Law, Hopgood, Condino, Tobocman, Bieda, Gaffney, Plakas, Alma Smith, Donigan, Byrnes, Hood, Gonzales, Vagnozzi and Clack introduced

House Bill No. 4106, entitled

A bill to amend 1945 PA 72, entitled "An act to prevent the importation from other states, and the spread within this state, of all serious insect pests and contagious plant diseases and to provide for their repression and control, imposing certain powers and duties on the commissioner of agriculture; to prescribe penalties for the violation of the provisions of this act; and to repeal certain acts and parts of acts," by amending sections 6 and 9 (MCL 286.256 and 286.259).

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

Reps. Gaffney, Hune, Ward, Gillard, Palsrok, Elsenheimer, Kathleen Law, Tobocman, Bieda, Plakas, Condino, Hood, Vagnozzi, Wojno, Accavitti and Acciavatti introduced

House Bill No. 4107, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending section 3115 (MCL 324.3115), as amended by 2004 PA 143.

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

Rep. Mayes introduced

House Bill No. 4108, entitled

A bill to amend 1961 PA 236, entitled "Revised judicature act of 1961," (MCL 600.101 to 600.9947) by adding sections 2975 and 2976.

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

Rep. Mayes introduced

House Bill No. 4109, entitled

A bill to amend 2000 PA 146, entitled "Obsolete property rehabilitation act," by amending section 2 (MCL 125.2782).

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

Reps. Anderson, Clack, Farrah, Hopgood, Alma Smith, Gillard, Gonzales, Sak, Gleason and Vagnozzi introduced

House Bill No. 4110, entitled

A bill to amend 1969 PA 317, entitled "Worker's disability compensation act of 1969," by amending section 357 (MCL 418.357), as amended by 1982 PA 32.

The bill was read a first time by its title and referred to the Committee on Employment Relations, Training, and Safety.

Reps. Anderson, Clack, Accavitti, Miller, Farrah, Hopgood, Gillard, Gonzales, Sak, Gleason, Vagnozzi and Byrnes introduced

House Bill No. 4111, entitled

A bill to require certain food service establishments to give notice of certain charges; and to prescribe penalties for a violation of this act.

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

Reps. Anderson, Clack, Farrah, Hopgood, Gillard, Alma Smith, Tobocman, Gonzales, Sak, Gleason and Vagnozzi introduced

House Bill No. 4112, entitled

A bill to amend 1956 PA 218, entitled "The insurance code of 1956," by amending section 3104 (MCL 500.3104), as amended by 2002 PA 662.

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

Reps. Anderson, Clack, Farrah, Hopgood, Tobocman, Gonzales, Sak, Gleason and Vagnozzi introduced

House Bill No. 4113, entitled

A bill to amend 1978 PA 368, entitled "Public health code," (MCL 333.1101 to 333.25211) by adding article 16.

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

Reps. Anderson, Clack, Accavitti, Farrah, Miller, Hopgood, Gillard, Alma Smith, Tobocman, Gonzales, Sak, Gleason, Vagnozzi and Byrnes introduced

House Bill No. 4114, entitled

A bill to amend 1956 PA 218, entitled "The insurance code of 1956," (MCL 500.100 to 500.8302) by adding section 2229.

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

Reps. Anderson, Farrah, Hopgood, Gillard, Alma Smith, Gonzales, Sak, Gleason and Vagnozzi introduced

House Bill No. 4115, entitled

A bill to amend 1969 PA 317, entitled "Worker's disability compensation act of 1969," by amending section 852 (MCL 418.852), as added by 1985 PA 103.

The bill was read a first time by its title and referred to the Committee on Employment Relations, Training, and Safety.

Rep. Caswell introduced

House Bill No. 4116, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending section 9113 (MCL 324.9113), as amended by 2000 PA 504.

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

Reps. Proos, Sheltrown, Nitz, Caul, Gosselin, Huizenga, Moolenaar, Schuitmaker and Elsenheimer introduced

House Bill No. 4117, entitled

A bill to amend 1955 PA 133, entitled "An act to provide for the granting of military leaves and providing re-employment protection for officers and enlisted men of the military or naval forces of the state or of the United States," (MCL 32.271 to 32.274) by adding section 3a.

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

Reps. Acciavatti, Sheltrown, Palmer, Robertson, Pavlov, Gosselin, LaJoy, Nitz, Gaffney and Walker introduced

House Bill No. 4118, entitled

A bill to amend 1976 PA 451, entitled "The revised school code," (MCL 380.1 to 380.1852) by adding section 1318.

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

Reps. Acciavatti, Sheltrown, Palmer, Robertson, Pavlov, Gosselin, LaJoy, Nitz and Gaffney introduced

House Bill No. 4119, entitled

A bill to amend 1893 PA 206, entitled "The general property tax act," by amending section 7cc (MCL 211.7cc), as amended by 2003 PA 247.

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

Reps. Clack, Gillard, Brown, Anderson, Meisner, Waters, Zelenko, Vagnozzi, Byrnes, Murphy, Lipsey, Gonzales, Plakas, Kathleen Law, Alma Smith, Sak, Donigan, Williams, Hune, Nofs, Gleason, Condino, Moolenaar and Walker introduced

House Bill No. 4120, entitled

A bill to amend 1974 PA 150, entitled "Youth rehabilitation services act," (MCL 803.301 to 803.309) by adding section 4g.

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

House Bill No. 4121, entitled

A bill to amend 1939 PA 280, entitled "The social welfare act," by repealing section 14i (MCL 400.14i).

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

Reps. Clack, Gillard, Brown, Meisner, Waters, Zelenko, Vagnozzi, Byrnes, Murphy, Lipsey, Gonzales, Plakas, Kathleen Law, Alma Smith, Sak, Donigan, Williams, Hune, Nofs, Gleason, Condino, Moolenaar and Walker introduced

House Bill No. 4122, entitled

A bill to amend 1974 PA 150, entitled "Youth rehabilitation services act," (MCL 803.301 to 803.309) by adding section 4h.

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

House Bill No. 4123, entitled

A bill to establish the foster care independence program; to provide certain services for certain youth in foster care due to child abuse or child neglect; and to prescribe the duties of certain state departments.

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

Reps. Condino and Plakas introduced

House Bill No. 4124, entitled

A bill to amend 1961 PA 236, entitled "Revised judicature act of 1961," by amending section 2962 (MCL 600.2962), as added by 1995 PA 249.

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

Rep. Condino introduced

House Bill No. 4125, entitled

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

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

Rep. Elsenheimer introduced

House Bill No. 4126, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending section 82119 (MCL 324.82119), as added by 1995 PA 58.

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

Rep. Mortimer introduced

House Bill No. 4127, entitled

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

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

Rep. Mortimer introduced

House Bill No. 4128, entitled

A bill to amend 1975 PA 228, entitled "Single business tax act," (MCL 208.1 to 208.145) by adding section 31b.

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

Rep. Mortimer introduced

House Bill No. 4129, entitled

A bill to establish a teachers loan forgiveness program for eligible new teachers in at-risk schools and shortage areas; to establish a teachers loan forgiveness fund and to provide for its administration; and to prescribe certain powers and duties of certain state officers, agencies, and departments.

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

Rep. Mortimer introduced

House Bill No. 4130, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," (MCL 324.101 to 324.90106) by adding section 1511.

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

Rep. Mortimer introduced

House Bill No. 4131, entitled

A bill to amend 1953 PA 232, entitled "Corrections code of 1953," by amending section 67 (MCL 791.267), as amended by 1996 PA 565, and by adding section 67c.

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

Rep. Mortimer introduced

House Bill No. 4132, entitled

A bill to amend 1967 PA 281, entitled "Income tax act of 1967," (MCL 206.1 to 206.532) by adding section 272.

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

Rep. Mortimer introduced

House Bill No. 4133, entitled

A bill to amend 1961 PA 236, entitled "Revised judicature act of 1961," by repealing section 1831 (MCL 600.1831).

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

Reps. Lemmons, III and Lemmons, Jr. introduced

House Bill No. 4134, entitled

A bill to amend 1980 PA 299, entitled "Occupational code," by amending section 303a (MCL 339.303a), as amended by 1995 PA 183, and by adding article 14.

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

Reps. Lemmons, III and Lemmons, Jr. introduced

House Bill No. 4135, entitled

A bill to amend 1979 PA 152, entitled "State license fee act," (MCL 338.2201 to 338.2277) by adding section 14.

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

Rep. Bieda introduced

House Bill No. 4136, entitled

A bill to amend 1979 PA 218, entitled "Adult foster care facility licensing act," (MCL 400.701 to 400.737) by adding section 28.

The bill was read a first time by its title and referred to the Committee on Senior Health, Security, and Retirement.

Reps. Wenke, Bieda and Ball introduced

House Bill No. 4137, entitled

A bill to allow public officials to elect not to receive compensation for serving in their elected or appointed positions.

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

Reps. Wenke and Miller introduced

House Bill No. 4138, entitled

A bill to provide for standards of accessibility for certain publicly funded housing; and to provide for certain powers and duties of certain state authorities.

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

Reps. Gonzales, Byrnes, Bieda, Anderson, Brown, Farrah, Wojno, Meisner, Kathleen Law and Murphy introduced

House Bill No. 4139, entitled

A bill to amend 1956 PA 218, entitled "The insurance code of 1956," (MCL 500.100 to 500.8302) by adding section 2203.

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

Reps. Gonzales, Byrnes, Bieda, Anderson, Brown, Farrah, Wojno, Meisner, Kathleen Law and Murphy introduced

House Bill No. 4140, entitled

A bill to amend 1956 PA 218, entitled "The insurance code of 1956," by amending sections 134 and 3104 (MCL 500.134 and 500.3104), section 134 as amended by 1990 PA 256 and section 3104 as amended by 2002 PA 662.

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

Reps. Gonzales, Byrnes, Bieda, Anderson, Brown, Farrah, Wojno, Meisner, Kathleen Law and Murphy introduced

House Bill No. 4141, entitled

A bill to amend 1976 PA 267, entitled "Open meetings act," by amending sections 2 and 3 (MCL 15.262 and 15.263), section 2 as amended by 2001 PA 38 and section 3 as amended by 1988 PA 278.

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

Rep. Palmer introduced

House Bill No. 4142, entitled

A bill to amend 1970 PA 38, entitled "An act to provide for assessment and remedial assistance programs of students in reading, mathematics and vocational education," by amending section 2 (MCL 388.1082).

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

Reps. Moolenaar, Palmer, Drolet, Walker, Elsenheimer, Kahn, Acciavatti, Hildenbrand, Hoogendyk, Sheen, Hansen, Kooiman, Marleau, Robertson, Nofs, Palsrok, Newell, Wenke and Stahl introduced

House Joint Resolution C, entitled

A joint resolution proposing an amendment to the state constitution of 1963, by amending section 3 of article VIII, to provide for gubernatorial appointment of the superintendent of public instruction.

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

Rep. Williams moved that the House adjourn.

The motion prevailed, the time being 2:50 p.m.

The Speaker Pro Tempore declared the House adjourned until Wednesday, February 2, at 1:00 p.m.

GARY L. RANDALL

Clerk of the House of Representatives