No. 93

STATE OF MICHIGAN

JOURNAL

OF THE

House of Representatives

93rd Legislature


REGULAR SESSION OF 2005


House Chamber, Lansing, Thursday, October 27, 2005.

10:30 a.m.

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

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

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

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

Adamini--present 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--excused 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--present

Brandenburg--present 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--excused Palsrok--present Walker--present

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

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

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

DeRoche--present Kolb--present Phillips--excused 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. Joel A. Sheltrown, from the 103rd District, offered the following invocation:

"Heavenly Father, we praise You for Your marvelous creation, for Your abundant grace and mercy. Thank You for blessing our country, for freedom and prosperity. Help us to ever be mindful of Your many blessings and to humble ourselves under Your mighty hand. We confess that America is in a moral freefall. We certainly know the difficulty in trying to fix what's wrong. But You have promised that if we will humble ourselves and pray and seek Your face and turn from our wicked ways, then You will hear and will forgive our sin and heal our land. Help us to honestly examine ourselves and our efforts here and lead us to genuine repentance.

In Proverbs 9:10 we read where the fear of the LORD is the beginning of wisdom. Please give us wisdom as we endeavor to carry out our calling. Help us to love one another, to esteem others better than ourselves, and to display Your supernatural unity to the world. Make us men and women of integrity.

We join with the Ancient Martyr, Ignatius, in praying:

Teach us, good Lord,

To serve Thee as Thou deservest

To give and not to count the cost

To fight and not to heed the wounds

To toil and not to seek for rest

To labour and not to ask for any reward

Save that of knowing that we do Thy Will.

Amen."

______

Rep. Sak moved that Reps. Hunter, Kehrl, Lemmons, III, McConico and Phillips be excused from today's session.

The motion prevailed.

Second Reading of Bills

Senate Bill No. 708, entitled

A bill to amend 2004 PA 241, entitled "Michigan children's protection registry act," by amending section 3 (MCL 752.1063).

The bill was read a second time.

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

The motion prevailed.

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

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

______

Rep. Palsrok moved that Rep. DeRoche 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. 708, entitled

A bill to amend 2004 PA 241, entitled "Michigan children's protection registry act," by amending section 3 (MCL 752.1063).

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

Roll Call No. 544 Yeas--97

Accavitti Espinoza Lemmons, Jr. Sak

Acciavatti Farhat Lipsey Schuitmaker

Adamini Farrah Marleau Shaffer

Amos Gaffney Mayes Sheltrown

Anderson Gillard McDowell Smith, Alma

Angerer Gleason Meisner Smith, Virgil

Ball Gonzales Meyer Spade

Baxter Gosselin Miller Stahl

Bennett Green Moolenaar Stakoe

Bieda Hansen Moore Steil

Booher Hildenbrand Mortimer Stewart

Brandenburg Hood Murphy Taub

Brown Hoogendyk Newell Tobocman

Byrnes Hopgood Nitz Vagnozzi

Byrum Hummel Nofs Van Regenmorter

Casperson Hune Palmer Vander Veen

Caswell Jones Palsrok Walker

Caul Kahn Pavlov Ward

Cheeks Kolb Pearce Waters

Clack Kooiman Plakas Wenke

Clemente LaJoy Polidori Whitmer

Condino Law, David Proos Williams

Dillon Law, Kathleen Robertson Wojno

Donigan Leland Rocca Zelenko

Elsenheimer

Nays--6

Drolet Garfield Pastor Sheen

Emmons Huizenga

In The Chair: Kooiman

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

"An act 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 House agreed to the full title.

Rep. Ward 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. 4072, entitled

A bill to amend 1893 PA 206, entitled "The general property tax act," by amending section 34c (MCL 211.34c), as amended by 2002 PA 620.

The bill was read a second time.

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

The motion prevailed.

House Bill No. 4271, entitled

A bill to amend 1893 PA 206, entitled "The general property tax act," by amending section 34c (MCL 211.34c), as amended by 2002 PA 620.

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

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

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

The motion prevailed.

House Bill No. 4468, entitled

A bill to amend 1893 PA 206, entitled "The general property tax act," by amending section 34c (MCL 211.34c), as amended by 2002 PA 620.

The bill was read a second time.

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

The motion prevailed.

House Bill No. 5332, entitled

A bill to amend 1956 PA 218, entitled "The insurance code of 1956," (MCL 500.100 to 500.8302) by adding section2024b.

The bill was read a second time.

Rep. Ball 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

Third Reading of Bills

Senate Bill No. 193, entitled

A bill to amend 1961 PA 236, entitled "Revised judicature act of 1961," by amending section 8117 (MCL 600.8117), as amended by 1997 PA 161.

The bill was read a third time.

The question being on the passage of the bill,

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

The motion was seconded and the substitute (H-1) was adopted, 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. 545 Yeas--103

Accavitti Emmons Leland Sak

Acciavatti Espinoza Lemmons, Jr. Schuitmaker

Adamini Farhat Lipsey Shaffer

Amos Farrah Marleau Sheen

Anderson Gaffney Mayes Sheltrown

Angerer Garfield McDowell Smith, Alma

Ball Gillard Meisner Smith, Virgil

Baxter Gleason Meyer Spade

Bennett Gonzales Miller Stahl

Bieda Gosselin Moolenaar Stakoe

Booher Green Moore Steil

Brandenburg Hansen Mortimer Stewart

Brown Hildenbrand Murphy Taub

Byrnes Hood Newell Tobocman

Byrum Hoogendyk Nitz Vagnozzi

Casperson Hopgood Nofs Van Regenmorter

Caswell Huizenga Palmer Vander Veen

Caul Hummel Palsrok Walker

Cheeks Hune Pastor Ward

Clack Jones Pavlov Waters

Clemente Kahn Pearce Wenke

Condino Kolb Plakas Whitmer

Dillon Kooiman Polidori Williams

Donigan LaJoy Proos Wojno

Drolet Law, David Robertson Zelenko

Elsenheimer Law, Kathleen Rocca

Nays--0

In The Chair: Kooiman

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.

House Bill No. 5169, entitled

A bill to amend 1949 PA 300, entitled "Michigan vehicle code," by amending sections 319 and 323c (MCL 257.319 and 257.323c), as amended by 2004 PA 362.

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

Roll Call No. 546 Yeas--103

Accavitti Emmons Leland Sak

Acciavatti Espinoza Lemmons, Jr. Schuitmaker

Adamini Farhat Lipsey Shaffer

Amos Farrah Marleau Sheen

Anderson Gaffney Mayes Sheltrown

Angerer Garfield McDowell Smith, Alma

Ball Gillard Meisner Smith, Virgil

Baxter Gleason Meyer Spade

Bennett Gonzales Miller Stahl

Bieda Gosselin Moolenaar Stakoe

Booher Green Moore Steil

Brandenburg Hansen Mortimer Stewart

Brown Hildenbrand Murphy Taub

Byrnes Hood Newell Tobocman

Byrum Hoogendyk Nitz Vagnozzi

Casperson Hopgood Nofs Van Regenmorter

Caswell Huizenga Palmer Vander Veen

Caul Hummel Palsrok Walker

Cheeks Hune Pastor Ward

Clack Jones Pavlov Waters

Clemente Kahn Pearce Wenke

Condino Kolb Plakas Whitmer

Dillon Kooiman Polidori Williams

Donigan LaJoy Proos Wojno

Drolet Law, David Robertson Zelenko

Elsenheimer Law, Kathleen Rocca

Nays--0

In The Chair: Kooiman

The House agreed to the title of the bill.

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

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

Reps. Stewart, Gaffney, Tobocman, Farrah, Taub, Accavitti, Garfield, Hune, Gleason, Emmons, Steil, Van Regenmorter,Sak, Sheen, Huizenga, Palsrok, Ball, Clemente, Elsenheimer, Espinoza, Gonzales, Gosselin, Hansen, Kahn, Lemmons, Jr., McDowell, Moore, Pearce and Polidori were named co-sponsors of the bill.

House Bill No. 5043, entitled

A bill to amend 1931 PA 328, entitled "The Michigan penal code," by amending section 540 (MCL 750.540).

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

Roll Call No. 547 Yeas--103

Accavitti Emmons Leland Sak

Acciavatti Espinoza Lemmons, Jr. Schuitmaker

Adamini Farhat Lipsey Shaffer

Amos Farrah Marleau Sheen

Anderson Gaffney Mayes Sheltrown

Angerer Garfield McDowell Smith, Alma

Ball Gillard Meisner Smith, Virgil

Baxter Gleason Meyer Spade

Bennett Gonzales Miller Stahl

Bieda Gosselin Moolenaar Stakoe

Booher Green Moore Steil

Brandenburg Hansen Mortimer Stewart

Brown Hildenbrand Murphy Taub

Byrnes Hood Newell Tobocman

Byrum Hoogendyk Nitz Vagnozzi

Casperson Hopgood Nofs Van Regenmorter

Caswell Huizenga Palmer Vander Veen

Caul Hummel Palsrok Walker

Cheeks Hune Pastor Ward

Clack Jones Pavlov Waters

Clemente Kahn Pearce Wenke

Condino Kolb Plakas Whitmer

Dillon Kooiman Polidori Williams

Donigan LaJoy Proos Wojno

Drolet Law, David Robertson Zelenko

Elsenheimer Law, Kathleen Rocca

Nays--0

In The Chair: Kooiman

The House agreed to the title of the bill.

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

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

House Bill No. 5044, entitled

A bill to amend 1927 PA 175, entitled "The code of criminal procedure," by amending section 16z of chapter XVII (MCL 777.16z), as amended by 2004 PA 157.

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

Roll Call No. 548 Yeas--103

Accavitti Emmons Leland Sak

Acciavatti Espinoza Lemmons, Jr. Schuitmaker

Adamini Farhat Lipsey Shaffer

Amos Farrah Marleau Sheen

Anderson Gaffney Mayes Sheltrown

Angerer Garfield McDowell Smith, Alma

Ball Gillard Meisner Smith, Virgil

Baxter Gleason Meyer Spade

Bennett Gonzales Miller Stahl

Bieda Gosselin Moolenaar Stakoe

Booher Green Moore Steil

Brandenburg Hansen Mortimer Stewart

Brown Hildenbrand Murphy Taub

Byrnes Hood Newell Tobocman

Byrum Hoogendyk Nitz Vagnozzi

Casperson Hopgood Nofs Van Regenmorter

Caswell Huizenga Palmer Vander Veen

Caul Hummel Palsrok Walker

Cheeks Hune Pastor Ward

Clack Jones Pavlov Waters

Clemente Kahn Pearce Wenke

Condino Kolb Plakas Whitmer

Dillon Kooiman Polidori Williams

Donigan LaJoy Proos Wojno

Drolet Law, David Robertson Zelenko

Elsenheimer Law, Kathleen Rocca

Nays--0

In The Chair: Kooiman

The House agreed to the title of the bill.

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

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

House Bill No. 5293, entitled

A bill to amend 1915 PA 123, entitled "An act to provide for the recording and use in evidence of affidavits affecting real property; and to provide a penalty for the making of false affidavits," (MCL 565.451 to 565.453) by adding section1d.

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

Roll Call No. 549 Yeas--103

Accavitti Emmons Leland Sak

Acciavatti Espinoza Lemmons, Jr. Schuitmaker

Adamini Farhat Lipsey Shaffer

Amos Farrah Marleau Sheen

Anderson Gaffney Mayes Sheltrown

Angerer Garfield McDowell Smith, Alma

Ball Gillard Meisner Smith, Virgil

Baxter Gleason Meyer Spade

Bennett Gonzales Miller Stahl

Bieda Gosselin Moolenaar Stakoe

Booher Green Moore Steil

Brandenburg Hansen Mortimer Stewart

Brown Hildenbrand Murphy Taub

Byrnes Hood Newell Tobocman

Byrum Hoogendyk Nitz Vagnozzi

Casperson Hopgood Nofs Van Regenmorter

Caswell Huizenga Palmer Vander Veen

Caul Hummel Palsrok Walker

Cheeks Hune Pastor Ward

Clack Jones Pavlov Waters

Clemente Kahn Pearce Wenke

Condino Kolb Plakas Whitmer

Dillon Kooiman Polidori Williams

Donigan LaJoy Proos Wojno

Drolet Law, David Robertson Zelenko

Elsenheimer Law, Kathleen Rocca

Nays--0

In The Chair: Kooiman

The House agreed to the title of the bill.

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

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

Reps. Stewart, Adamini, Farrah, Pastor, LaJoy, Brandenburg, Bieda, Clack, Taub, Accavitti, Amos, Gleason, Shaffer, Palsrok, Gillard, Ball, Clemente, Espinoza, Green, Hildenbrand, Leland, Marleau, McDowell, Mortimer, Pearce, Polidori and Sheltrown were named co-sponsors of the bill.

Second Reading of Bills

House Bill No. 5091, entitled

A bill to amend 1967 PA 281, entitled "Income tax act of 1967," (MCL 206.1 to 206.532) by adding section 437.

The bill was read a second time.

Rep. Caul moved to amend the bill as follows:

1. Amend page 1, line 1, after "THE" by striking out "2005" and inserting "2006".

2. Amend page 1, line 2, after "THE" by striking out "2005" and inserting "2006".

3. Amend page 2, following line 14, by inserting:

"Enacting section 1. This amendatory act does not take effect unless all of the following bills of the 93rd Legislature are enacted into law:

(a) House Bill No. 4001.

(b) House Bill No. 4002.".

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

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

The motion prevailed.

Rep. Ward 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. 5091, entitled

A bill to amend 1967 PA 281, entitled "Income tax act of 1967," (MCL 206.1 to 206.532) by adding section 437.

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

Roll Call No. 550 Yeas--104

Accavitti Elsenheimer Law, Kathleen Rocca

Acciavatti Emmons Leland Sak

Adamini Espinoza Lemmons, Jr. Schuitmaker

Amos Farhat Lipsey Shaffer

Anderson Farrah Marleau Sheen

Angerer Gaffney Mayes Sheltrown

Ball Garfield McDowell Smith, Alma

Baxter Gillard Meisner Smith, Virgil

Bennett Gleason Meyer Spade

Bieda Gonzales Miller Stahl

Booher Gosselin Moolenaar Stakoe

Brandenburg Green Moore Steil

Brown Hansen Mortimer Stewart

Byrnes Hildenbrand Murphy Taub

Byrum Hood Newell Tobocman

Casperson Hoogendyk Nitz Vagnozzi

Caswell Hopgood Nofs Van Regenmorter

Caul Huizenga Palmer Vander Veen

Cheeks Hummel Palsrok Walker

Clack Hune Pastor Ward

Clemente Jones Pavlov Waters

Condino Kahn Pearce Wenke

DeRoche Kolb Plakas Whitmer

Dillon Kooiman Polidori Williams

Donigan LaJoy Proos Wojno

Drolet Law, David Robertson Zelenko

Nays--0

In The Chair: Kooiman

The House agreed to the title of the bill.

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

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

Reps. Waters, Anderson, Kooiman, Hummel, Newell, Vander Veen, Williams, Adamini, Brown, Gaffney, Tobocman, Farrah, Pastor, LaJoy, Hopgood, Brandenburg, Bieda, Wojno, Clack, Condino, Vagnozzi, Taub, Garfield, Hune, Gleason, Robertson, Caswell, Shaffer, Ward, Emmons, Steil, Sak, Nitz, Sheen, Huizenga, Palsrok, Angerer, Ball, Baxter, Booher, Byrnes, Cheeks, Clemente, Donigan, Espinoza, Gonzales, Hansen, Hildenbrand, Jones, Kahn, Leland, Lemmons, Jr., Marleau, Mayes, McDowell, Miller, Moore, Palmer, Pavlov, Polidori, Proos, Sheltrown, Spade and Murphy were named co-sponsors of the bill.

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

The motion prevailed.

By unanimous consent the House returned to the order of

Reports of Standing Committees

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

Senate Bill No. 789, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending section 5204 (MCL 324.5204), as added by 2002 PA 397.

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.

Favorable Roll Call

To Report Out:

Yeas: Reps. Stakoe, Robertson, Nitz, Tobocman, Accavitti, Donigan and Vagnozzi

Nays: None

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

Senate Bill No. 790, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending section 5201 (MCL 324.5201), as added by 2002 PA 397.

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.

Favorable Roll Call

To Report Out:

Yeas: Reps. Stakoe, Robertson, Nitz, Tobocman, Accavitti, Donigan and Vagnozzi

Nays: None

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

Senate Bill No. 799, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending section 5301 (MCL 324.5301), as amended by 2002 PA 397.

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.

Favorable Roll Call

To Report Out:

Yeas: Reps. Stakoe, Robertson, Nitz, Tobocman, Accavitti, Donigan and Vagnozzi

Nays: None

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Wednesday, October 26, 2005

Present: Reps. Stakoe, Robertson, Nitz, Tobocman, Accavitti, Donigan and Vagnozzi

Absent: Reps. Elsenheimer, Van Regenmorter, Baxter and Schuitmaker

Excused: Reps. Elsenheimer, Van Regenmorter, Baxter and Schuitmaker

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Thursday, October 27, 2005

Present: Reps. Casperson, Hildenbrand, Garfield, Nitz, Stakoe, Baxter, Rocca, McDowell, Sheltrown, Gillard and Espinoza

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 Wednesday, October 26:

Senate Bill Nos. 837 838 839 840 841 842 843 844

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

House Bill Nos. 5366 5367 5368 5369 5370 5371 5372 5373 5374 5375 5376

The Clerk announced that the following Senate bills had been received on Thursday, October 27:

Senate Bill Nos. 654 747 764

By unanimous consent the House returned to the order of

Messages from the Senate

House Bill No. 4729, entitled

A bill to amend 1968 PA 317, entitled "An act relating to the conduct of public servants in respect to governmental decisions and contracts with public entities; to provide penalties for the violation of this act; to repeal certain acts and parts of acts; and to validate certain contracts," by amending section 4 (MCL 15.324).

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

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

House Bill No. 5149, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending sections11701, 11702, and 11715b (MCL 324.11701, 324.11702, and 324.11715b), sections 11701 and 11702 as amended and section 11715b as added by 2004 PA 381.

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

The House agreed to the full title.

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

House Bill No. 5148, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," (MCL 324.101 to 324.90106) by adding section 11511b.

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

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

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

Senate Bill No. 654, entitled

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

The Senate has passed the bill.

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

Senate Bill No. 747, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending section 11514 (MCL 324.11514), as amended by 2004 PA 34.

The Senate has passed the bill.

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

Senate Bill No. 764, entitled

A bill to establish a monument to honor citizens of this state who have received the purple heart medal.

The Senate has passed the bill.

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

Notices

I hereby give notice that on the next legislative session day I will move to discharge the Committee on Judiciary from further consideration of House Bill No. 5065.

Rep. Espinoza

I hereby give notice that on the next legislative session day I will move to discharge the Committee on Judiciary from further consideration of House Bill No. 5066.

Rep. Espinoza

Messages from the Governor

Date: October 27, 2005

Time: 9:39 a.m.

To the Speaker of the House of Representatives:

Sir--I have this day approved and signed

Enrolled House Bill No. 4638 (Public Act No. 186, I.E.), being

An act to amend 1980 PA 523, entitled "An act to provide a uniform code of military justice for the state military forces; and to repeal certain acts and parts of acts," by amending sections 2, 3, 4, 7, 8, 9, 13, 14, 15, 16, 25, 26, 27, 29, 80, 84, 85, 92, 94, 99, 103, 105, 107, 108, 112, 113, 132, and 134 (MCL 32.1002, 32.1003, 32.1004, 32.1007, 32.1008, 32.1009, 32.1013, 32.1014, 32.1015, 32.1016, 32.1025, 32.1026, 32.1027, 32.1029, 32.1080, 32.1084, 32.1085, 32.1092, 32.1094, 32.1099, 32.1103, 32.1105, 32.1107, 32.1108, 32.1112, 32.1113, 32.1132, and 32.1134), section 16 as amended by 1990 PA 300, and by adding sections 50a, 88, 109, and 121.

(Filed with the Secretary of State October 27, 2005, at 10:14 a.m.)

Date: October 27, 2005

Time: 9:41 a.m.

To the Speaker of the House of Representatives:

Sir--I have this day approved and signed

Enrolled House Bill No. 5055 (Public Act No. 187, I.E.), being

An act to amend 1978 PA 368, entitled "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," by amending section 20161 (MCL 333.20161), as amended by 2004 PA 469.

(Filed with the Secretary of State October 27, 2005, at 10:16 a.m.)

Introduction of Bills

Reps. Amos, Jones, Shaffer, Pastor, Vander Veen, Sheltrown, Brown, Vagnozzi, Acciavatti, LaJoy, Caul, Nitz, Booher, Palmer, Casperson, Walker, Rocca, Pavlov, Ward and Taub introduced

House Bill No. 5377, entitled

A bill to amend 1953 PA 232, entitled "Corrections code of 1953," by amending section 36 (MCL 791.236), as amended by 2003 PA 75.

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

Reps. Pastor, Rocca, Vander Veen and Gaffney introduced

House Bill No. 5378, entitled

A bill to amend 1893 PA 206, entitled "The general property tax act," by amending section 27a (MCL 211.27a), as amended by 2005 PA 23.

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

Rep. Elsenheimer introduced

House Bill No. 5379, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending section 80171 (MCL 324.80171), as added by 1995 PA 58.

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. Lemmons, Jr., Lemmons, III and Miller introduced

House Bill No. 5380, entitled

A bill to amend 2001 PA 142, entitled "Michigan memorial highway act," (MCL 250.1001 to 250.2080) by adding section 91.

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

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Rep. Condino moved that the House adjourn.

The motion prevailed, the time being 12:00 p.m.

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

GARY L. RANDALL

Clerk of the House of Representatives