No. 12
STATE OF MICHIGAN
JOURNAL
OF THE
House of Representatives
93rd Legislature
REGULAR SESSION OF 2006
House Chamber, Lansing, Wednesday, February 8, 2006.
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--excused Elsenheimer--present Law, Kathleen--present Robertson--present
Acciavatti--present Emmons--present Leland--present Rocca--present
Adamini--present Espinoza--present Lemmons, III--e/d/s Sak--present
Amos--present Farhat--present Lemmons, Jr.--present Schuitmaker--present
Anderson--present Farrah--present Lipsey--present Shaffer--present
Angerer--present Gaffney--present Marleau--present Sheen--present
Ball--present Garfield--present Mayes--present Sheltrown--present
Baxter--present Gillard--present McConico--present Smith, Alma--present
Bennett--present Gleason--present McDowell--present Smith, Virgil--present
Bieda--present Gonzales--present Meisner--present Spade--present
Booher--present Gosselin--present Meyer--present Stahl--present
Brandenburg--present Green--present Miller--present Stakoe--present
Brown--present Hansen--present Moolenaar--present Steil--present
Byrnes--present Hildenbrand--present Moore--present Stewart--present
Byrum--present Hood--present Mortimer--present Taub--present
Casperson--present Hoogendyk--present Murphy--present Tobocman--present
Caswell--present Hopgood--present Newell--present Vagnozzi--present
Caul--present Huizenga--present Nitz--present Van Regenmorter--present
Cheeks--present Hummel--present Nofs--present Vander Veen--present
Clack--present Hune--present Palmer--present Walker--present
Clemente--present Hunter--present Palsrok--present Ward--present
Condino--present Jones--present Pastor--present Waters--present
Cushingberry--e/d/s Kahn--present Pavlov--present Wenke--present
DeRoche--present Kolb--present Pearce--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
e/d/s = entered during session
Rep. Brenda Clack, from the 34th District, offered the following invocation:
"We are gathered in this place heavenly Father to first say thank You for allowing us to travel to this place. We say thank You for granting us the wisdom to try and help those who cannot help themselves and in our capacity as legislators, to do unto others as we would have them do unto us. We are all gatherers in Your field O Lord and we need Your strength and guidance. Divide us not as we seek justice for all. Divide us not as we prepare ourselves to be what those who sent us here want us to be. And finally Lord forgive us all that is past and grant that we may serve thee in the newness of life.
Finally, our everlasting Father, please stay close to the family of the late Coretta Scott King, widow of the late Martin Luther King Jr. May the memory of her grace and dignity be ever present with us, especially our young ones. We buried her yesterday, but we will never bury their dreams. Amen."
______
Rep. Sak moved that Rep. Accavitti be excused from today's session.
The motion prevailed.
Messages from the Governor
The following veto message from the Governor was received and read:
Executive Office, Lansing, February 3, 2006
Michigan House of Representatives
State Capitol
Lansing, Michigan 48909-7514
Ladies and Gentlemen:
Today I have vetoed and return with objections Enrolled House Bill 5447, as provided under Section 33 of Article IV of the Michigan Constitution of 1963. The bill would prohibit the adoption of rules or standards to protect workers from job-related musculoskeletal injuries and shield employers from costs and lost productivity associated with such workplace injuries.
House Bill 5447 is a solution in search of a problem. No department, board, or commission in state government has proposed rules to address job-related musculoskeletal injuries. In fact, an advisory committee to consider whether rules or standards are necessary in Michigan was formed by the administration of my predecessor, Governor Engler. The advisory committee, which includes experts in health and ergonomics and representatives of both employers and employees, has neither completed its review nor made any recommendations. House Bill 5447 would prematurely terminate the work of this advisory body.
Furthermore, as Governor, because the Michigan Constitution separates the powers of government, I have an obligation to defend the Executive Branch from encroachment, just as you seek to defend the prerogatives of the Legislative Branch. If the advisory committee determines that administrative rules are needed in this area, and the Executive Branch concurs, the Administrative Procedures Act of 1969 affords ample opportunity for legislative review and reaction. If it is determined that administrative rules are not needed at this time, I have a responsibility to preserve the ability of a future governor to decide otherwise.
Because Enrolled House Bill 5447 forecloses these options, I return the bill without signature.
Respectfully,
Jennifer M. Granholm
Governor
The question being on the passage of the bill, the objections of the Governor to the contrary notwithstanding,
Rep. Hildenbrand moved that consideration of the bill be postponed for the day.
The motion prevailed.
The following veto message from the Governor was received and read:
Executive Office, Lansing, February 3, 2006
Michigan House of Representatives
State Capitol
Lansing, Michigan 48909-7514
Ladies and Gentlemen:
You have presented me with a dozen bills intended to better Michigan's tax climate by improving administration of Michigan's tax laws and facilitating more effective interaction between the Department of Treasury and taxpayers. Nine of the bills are consistent with that goal. Accordingly, I have approved Enrolled House Bills 4244, 5356, 5357, 5358, 5359, 5360, 5361, 5362, and 5364. Three bills are not. As a result, I return Enrolled House 5355, 5363, and5386 with my objections as provided under Section 33 of Article IV of the Michigan Constitution of 1963.
House Bill 5355 would prohibit retroactive application by the Department of Treasury of rules and administrative bulletins issued to provide guidance for taxpayers on current tax law. This could be detrimental to taxpayers. For example, had this bill been in effect in 1998 when the Department of Treasury altered an administrative interpretation to conform to a court decision increasing the tax obligations of some out-of-state businesses and providing tax benefits for some businesses in Michigan, the tax refunds issued to hundreds of Michigan businesses might not have been possible.
House Bill 5363 would open the door to settlements between the Department of Treasury and taxpayers to lower taxes owed, even when a clear tax obligation exists under the law. Unfortunately this also opens the door for outside pressure that could lead to potential abuses: favoritism and subjective imposition of tax obligations without clear standards as opposed to evenhanded administration of tax laws. A change in the law that creates the potential for such abuse in the future is not in the best interests of Michigan taxpayers.
House Bill 5386 is substantively similar to House Bill 5107, which was vetoed last November. That bill included badly flawed language that would substantially jeopardize the collection of Michigan's use tax by expanding a loophole for purchasers that the Department of Treasury would not be able to audit and close given existing resources. House Bill 5386 replicates this problem.
For these reasons, I return Enrolled House Bills 5355, 5363, and 5386 without signature.
Respectfully,
Jennifer M. Granholm
Governor
The question being on the passage of the bills, the objections of the Governor to the contrary notwithstanding,
Rep. Hildenbrand moved that consideration of the bills be postponed for the day.
The motion prevailed.
By unanimous consent the House returned to the order of
Second Reading of Bills
House Bill No. 4893, entitled
A bill to amend 1978 PA 368, entitled "Public health code," by amending section 16263 (MCL 333.16263), as amended by 2004 PA 97, and by adding section 16336 and part 179.
Was read a second time, and the question being on the adoption of the proposed substitute (H-2) previously recommended by the Committee on Health Policy,
The substitute (H-2) 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.
House Bill No. 4536, 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-1) previously recommended by the Committee on Tax Policy,
The substitute (H-1) was adopted, a majority of the members serving voting therefor.
Rep. Booher moved to amend the bill as follows:
1. Amend page 7, following line 9, by inserting:
"Enacting section 1. It is the intent of the legislature that this amendatory act shall not change the status of property subject to payment in lieu of taxes under subpart 14 of part 21 of the natural resources and environmental protection act, 1994 PA 451, MCL 324.2152 to 324.2154, in regard to school operating mills levied under section 1211 of the revised school code, 1976 PA 451, MCL 380.1211.".
The motion prevailed and the amendment was adopted, a majority of the members serving voting therefor.
Rep. Booher 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
House Bill No. 4262, entitled
A bill to amend 1972 PA 230, entitled "Stille-DeRossett-Hale single state construction code act," by amending section 2a (MCL 125.1502a), as added by 1999 PA 245, and by adding section 10a.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 55 Yeas--97
Acciavatti Farhat Mayes Schuitmaker
Adamini Farrah McConico Shaffer
Amos Gaffney McDowell Sheen
Anderson Garfield Meisner Sheltrown
Angerer Gillard Meyer Smith, Alma
Ball Gleason Miller Smith, Virgil
Baxter Gonzales Moolenaar Spade
Bennett Gosselin Moore Stahl
Bieda Green Mortimer Stakoe
Booher Hansen Murphy Steil
Brandenburg Hildenbrand Newell Stewart
Brown Hopgood Nitz Taub
Casperson Huizenga Nofs Tobocman
Caswell Jones Palmer Vagnozzi
Caul Kahn Palsrok Van Regenmorter
Cheeks Kolb Pastor Vander Veen
Clack Kooiman Pavlov Walker
Condino LaJoy Pearce Ward
DeRoche Law, David Plakas Waters
Dillon Law, Kathleen Polidori Wenke
Donigan Leland Proos Whitmer
Drolet Lemmons, Jr. Robertson Williams
Elsenheimer Lipsey Rocca Wojno
Emmons Marleau Sak Zelenko
Espinoza
Nays--8
Byrnes Clemente Hoogendyk Hune
Byrum Hood Hummel Hunter
In The Chair: Kooiman
The House agreed to the title of the bill.
Rep. Hildenbrand moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
______
Rep. Palmer moved that Rep. DeRoche be excused temporarily from today's session.
The motion prevailed.
Rep. Lemmons, III entered the House Chambers.
House Bill No. 4311, entitled
A bill to amend 1980 PA 299, entitled "Occupational code," by amending sections 303a and 601 (MCL 339.303a and 339.601), section 303a as amended by 1995 PA 183 and section 601 as amended by 1998 PA 250, and by adding article 28; and to repeal acts and parts of acts.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 56 Yeas--96
Acciavatti Farrah Marleau Schuitmaker
Adamini Gaffney Mayes Shaffer
Amos Garfield McConico Sheen
Anderson Gillard McDowell Sheltrown
Angerer Gleason Meisner Smith, Alma
Ball Gonzales Meyer Smith, Virgil
Baxter Green Miller Spade
Bennett Hansen Moolenaar Stahl
Bieda Hildenbrand Moore Stakoe
Booher Hood Mortimer Steil
Brandenburg Hopgood Murphy Stewart
Brown Huizenga Newell Taub
Casperson Hunter Nitz Tobocman
Caswell Jones Nofs Vagnozzi
Caul Kahn Palsrok Van Regenmorter
Cheeks Kolb Pastor Vander Veen
Clack Kooiman Pavlov Walker
Condino LaJoy Pearce Ward
Dillon Law, David Plakas Waters
Donigan Law, Kathleen Polidori Wenke
Elsenheimer Leland Proos Whitmer
Emmons Lemmons, III Robertson Williams
Espinoza Lemmons, Jr. Rocca Wojno
Farhat Lipsey Sak Zelenko
Nays--9
Byrnes Drolet Hoogendyk Hune
Byrum Gosselin Hummel Palmer
Clemente
In The Chair: Kooiman
The question being on agreeing to the title of the bill,
Rep. Ward moved to amend the title to read as follows:
A bill to amend 1980 PA 299, entitled "Occupational code," by amending sections 303a and 601 (MCL 339.303a and 339.601), section 303a as amended by 1995 PA 183 and section 601 as amended by 2005 PA 278, and by adding article 28; and to repeal acts and parts of acts.
The motion prevailed.
The House agreed to the title as amended.
Rep. Hildenbrand moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
House Bill No. 4312, entitled
A bill to amend 1979 PA 152, entitled "State license fee act," (MCL 338.2201 to 338.2277) by adding section 19.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 57 Yeas--95
Acciavatti Farrah Mayes Shaffer
Adamini Gaffney McConico Sheen
Amos Gillard McDowell Sheltrown
Anderson Gleason Meisner Smith, Alma
Angerer Gonzales Meyer Smith, Virgil
Ball Green Miller Spade
Bennett Hansen Moolenaar Stahl
Bieda Hildenbrand Moore Stakoe
Booher Hood Mortimer Steil
Brandenburg Hopgood Murphy Stewart
Brown Huizenga Newell Taub
Casperson Hunter Nitz Tobocman
Caswell Jones Nofs Vagnozzi
Caul Kahn Palsrok Van Regenmorter
Cheeks Kolb Pastor Vander Veen
Clack Kooiman Pavlov Walker
Condino LaJoy Pearce Ward
DeRoche Law, David Plakas Waters
Dillon Law, Kathleen Polidori Wenke
Donigan Leland Proos Whitmer
Elsenheimer Lemmons, III Robertson Williams
Emmons Lemmons, Jr. Rocca Wojno
Espinoza Lipsey Sak Zelenko
Farhat Marleau Schuitmaker
Nays--11
Baxter Clemente Gosselin Hune
Byrnes Drolet Hoogendyk Palmer
Byrum Garfield Hummel
In The Chair: Kooiman
The House agreed to the title of the bill.
Rep. Hildenbrand moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
House Bill No. 5454, entitled
A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending sections 51105, 51106, 51108, 51113, and 51116 (MCL 324.51105, 324.51106, 324.51108, 324.51113, and 324.51116), section 51105 as amended by 1996 PA 451 and sections 51106, 51108, 51113, and 51116 as added by 1995 PA 57.
The bill was read a third time.
The question being on the passage of the bill,
Rep. Hildenbrand moved that consideration of the bill be postponed temporarily.
The motion prevailed.
______
Rep. Anderson moved that Rep. Williams be excused temporarily from today's session.
The motion prevailed.
House Bill No. 5457, entitled
A bill to impose a state recapture tax on the change in use of certain qualified forest property; to provide for the administration of the recapture tax; to prescribe the powers and duties of certain state and local officers; to provide for the collection and distribution of the recapture tax; and to prescribe penalties and provide 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. 58 Yeas--65
Acciavatti Gaffney Lemmons, Jr. Robertson
Adamini Garfield Marleau Rocca
Amos Gillard McConico Schuitmaker
Ball Gosselin McDowell Shaffer
Baxter Green Meyer Sheen
Booher Hansen Moolenaar Sheltrown
Brandenburg Hildenbrand Moore Stahl
Brown Hoogendyk Mortimer Stakoe
Casperson Huizenga Newell Steil
Caswell Hummel Nitz Stewart
Caul Hune Palmer Taub
DeRoche Jones Palsrok Van Regenmorter
Drolet Kahn Pastor Vander Veen
Elsenheimer Kooiman Pavlov Walker
Emmons LaJoy Pearce Ward
Espinoza Lemmons, III Proos Wenke
Farhat
Nays--40
Anderson Dillon Law, Kathleen Sak
Angerer Donigan Leland Smith, Alma
Bennett Farrah Lipsey Smith, Virgil
Bieda Gleason Mayes Spade
Byrnes Gonzales Meisner Tobocman
Byrum Hood Miller Vagnozzi
Cheeks Hopgood Murphy Waters
Clack Hunter Nofs Whitmer
Clemente Kolb Plakas Wojno
Condino Law, David Polidori Zelenko
In The Chair: Kooiman
The House agreed to the title of the bill.
Rep. Hildenbrand moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
House Bill No. 5458, 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.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 59 Yeas--65
Acciavatti Espinoza LaJoy Proos
Adamini Farhat Lemmons, III Robertson
Amos Gaffney Lemmons, Jr. Rocca
Angerer Garfield Marleau Schuitmaker
Ball Gillard McDowell Shaffer
Baxter Gosselin Meyer Sheen
Booher Green Moolenaar Stahl
Brandenburg Hansen Moore Stakoe
Brown Hildenbrand Mortimer Steil
Byrnes Hoogendyk Newell Stewart
Casperson Huizenga Nitz Taub
Caswell Hummel Palmer Van Regenmorter
Caul Hune Palsrok Vander Veen
DeRoche Jones Pastor Walker
Drolet Kahn Pavlov Ward
Elsenheimer Kooiman Pearce Wenke
Emmons
Nays--40
Anderson Farrah Lipsey Sheltrown
Bennett Gleason Mayes Smith, Alma
Bieda Gonzales McConico Smith, Virgil
Byrum Hood Meisner Spade
Cheeks Hopgood Miller Tobocman
Clack Hunter Murphy Vagnozzi
Clemente Kolb Nofs Waters
Condino Law, David Plakas Whitmer
Dillon Law, Kathleen Polidori Wojno
Donigan Leland Sak Zelenko
In The Chair: Kooiman
The House agreed to the title of the bill.
Rep. Hildenbrand moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
Rep. Cushingberry entered the House Chambers.
By unanimous consent the House returned to the order of
Motions and Resolutions
Reps. Sak, Anderson, Bieda, Brandenburg, Brown, Byrum, Caul, Cheeks, Clack, Condino, Gillard, Gleason, Gonzales, Hildenbrand, Hopgood, Kooiman, Leland, Lemmons, III, Lemmons, Jr., Lipsey, McDowell, Meisner, Miller, Mortimer, Murphy, Polidori, Sheltrown, Alma Smith, Spade, Tobocman, Vagnozzi, Waters, Wojno, Zelenko and Stakoe offered the following resolution:
House Resolution No. 195.
A resolution recognizing Very Special Arts of Michigan.
Whereas, Very Special Arts of Michigan was founded in 1974 by Jean Kennedy Smith and is affiliated with the John F. Kennedy Center for the Performing Arts in Washington, D.C.; and
Whereas, Very Special Arts of Michigan's mission is to promote creative power in people with disabilities; and
Whereas, Very Special Arts of Michigan's goal is to provide access and opportunity in the arts to people with disabilities in an effort to increase public awareness. Very Special Arts uses arts to encourage positive interactions between people with and without disabilities and increase the opportunities for people with disabilities to pursue a career in the arts; and
Whereas, Very Special Arts of Michigan has ten district and local organization locations and reaches over 50,000 Michigan residents annually; and
Whereas, These children, students, and adults are impacted through the efforts of over 150 regular volunteers and more then 2000 intermittent volunteers; and
Whereas, This program came to Michigan in 1977; and
Whereas, We are proud to recognize Very Special Arts of Michigan as they celebrate their 20th anniversary of the Grand Rapids chapter; and
Whereas, Very Special Arts of Michigan's activities include exhibitions of student artwork, individual classroom workshops, student scholarships, and their annual Very Special Arts at the Capitol Day; now, therefore be it
Resolved by the House of Representatives, That the members of this legislative body recognize Very Special Arts of Michigan.
Pending the reference of the resolution to a committee,
Rep. Hildenbrand 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 Veterans Affairs and Homeland Security, by Rep. Garfield, Chair, reported
House Bill No. 5620, entitled
A bill to amend 1988 PA 234, entitled "Michigan Vietnam veterans memorial act," by amending section 5a (MCL 35.1055a), as added by 2000 PA 470.
Without amendment and with the recommendation that the bill pass.
The bill was referred to the order of Second Reading of Bills.
Favorable Roll Call
To Report Out:
Yeas: Reps. Garfield, Mortimer, Pavlov, Rocca, Espinoza, Sheltrown and Spade
Nays: None
The Committee on Veterans Affairs and Homeland Security, by Rep. Garfield, Chair, reported
Senate Bill No. 764, entitled
A bill to establish a monument to honor citizens of this state who have received the purple heart medal.
Without amendment and with the recommendation that the bill pass.
The bill was referred to the order of Second Reading of Bills.
Favorable Roll Call
To Report Out:
Yeas: Reps. Garfield, Mortimer, Pavlov, Rocca, Espinoza, Sheltrown and Spade
Nays: None
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Garfield, Chair, of the Committee on Veterans Affairs and Homeland Security, was received and read:
Meeting held on: Tuesday, February 7, 2006
Present: Reps. Garfield, Mortimer, Pavlov, Rocca, Espinoza, Sheltrown and Spade
Absent: Reps. Moore and Polidori
Excused: Reps. Moore and Polidori
The Committee on Judiciary, by Rep. Van Regenmorter, Chair, reported
House Bill No. 4806, entitled
A bill to amend 1949 PA 300, entitled "Michigan vehicle code," by amending sections 601 and 906 (MCL 257.601 and 257.906).
With the recommendation that the bill be referred to the Committee on Local Government and Urban Policy.
Favorable Roll Call
To Report Out:
Yeas: Reps. Van Regenmorter, Schuitmaker, Newell, Stakoe, Elsenheimer, Jones, Rocca, Condino, Adamini and Bieda
Nays: None
The recommendation was concurred in and the bill was referred to the Committee on Local Government and Urban Policy.
The Committee on Judiciary, by Rep. Van Regenmorter, Chair, reported
House Bill No. 4807, entitled
A bill to amend 1956 PA 62, entitled "An act to authorize the director of the department of state police to promulgate a uniform traffic code; to authorize a city, township, or village to adopt the uniform traffic code by reference without publication in full; and to prescribe criminal penalties and civil sanctions for violation of the code," by amending section 1 (MCL 257.951), as amended by 1998 PA 69.
With the recommendation that the bill be referred to the Committee on Local Government and Urban Policy.
Favorable Roll Call
To Report Out:
Yeas: Reps. Van Regenmorter, Schuitmaker, Newell, Stakoe, Elsenheimer, Jones, David Law, Rocca, Condino, Adamini and Bieda
Nays: None
The recommendation was concurred in and the bill was referred to the Committee on Local Government and Urban Policy.
The Committee on Judiciary, by Rep. Van Regenmorter, Chair, reported
House Bill No. 5602, entitled
A bill to amend 1939 PA 288, entitled "Probate code of 1939," by amending section 60 of chapter X (MCL 710.60), 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.
Favorable Roll Call
To Report Out:
Yeas: Reps. Van Regenmorter, Schuitmaker, Newell, Nofs, Stakoe, Elsenheimer, Jones, David Law, Rocca, Condino, Adamini and Bieda
Nays: None
The Committee on Judiciary, by Rep. Van Regenmorter, Chair, reported
Senate Bill No. 208, entitled
A bill to allow reimbursement to municipalities for certain costs for inmates housed in municipal jails or county jails; and to provide certain powers and duties of municipal officials and county officials.
With the recommendation that the following amendment be adopted and that the bill then pass.
1. Amend page 5, line 24, after "the" by striking out "county" and inserting "municipality".
The bill and amendment were referred to the order of Second Reading of Bills.
Favorable Roll Call
To Report Out:
Yeas: Reps. Van Regenmorter, Schuitmaker, Newell, Nofs, Stakoe, Elsenheimer, Jones, David Law, Rocca, Condino, Adamini and Bieda
Nays: None
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Van Regenmorter, Chair, of the Committee on Judiciary, was received and read:
Meeting held on: Wednesday, February 8, 2006
Present: Reps. Van Regenmorter, Schuitmaker, Newell, Nofs, Stakoe, Elsenheimer, Jones, David Law, Rocca, Condino, Adamini and Bieda
Absent: Reps. Lipsey, McConico and Virgil Smith
Excused: Reps. Lipsey, McConico and Virgil Smith
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Nofs, Chair, of the Committee on Energy and Technology, was received and read:
Meeting held on: Wednesday, February 8, 2006
Present: Reps. Nofs, Proos, Drolet, Emmons, Garfield, Huizenga, LaJoy, Palsrok, Stahl, Baxter, Moore, Schuitmaker, Dillon, Murphy, Mayes, Hunter, Hopgood and Clemente
Absent: Rep. Accavitti
Excused: Rep. Accavitti
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Palmer, Chair, of the Committee on Education, was received and read:
Meeting held on: Wednesday, February 8, 2006
Present: Reps. Palmer, Mortimer, Gosselin, Meyer, Hoogendyk, Vander Veen, Wenke, Ball, Hildenbrand, Pearce, Proos, Robertson, Hopgood, Miller, Angerer, Clack, Vagnozzi and Polidori
Absent: Rep. Virgil Smith
Excused: Rep. Virgil Smith
Messages from the Senate
House Bill No. 5471, entitled
A bill to amend 1996 PA 381, entitled "Brownfield redevelopment financing act," by amending sections 2, 13, and 15 (MCL 125.2652, 125.2663, and 125.2665), as amended by 2005 PA 101.
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.
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, February 8:
House Bill Nos. 5636 5637 5638 5639 5640 5641 5642 5643 5644 5645 5646
Senate Bill Nos. 1031 1032 1033 1034 1035 1036 1037
By unanimous consent the House returned to the order of
Motions and Resolutions
House Bill No. 5628, entitled
A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending section 50507 (MCL 324.50507), as amended by 2004 PA 124.
(The bill was passed on February 7, see House Journal No. 11, p. 172.)
Rep. Casperson moved to reconsider the vote by which the House passed the bill,
(For first notice, see House Journal No. 11, p. 176.)
The question being on the motion made by Rep. Casperson,
The motion prevailed, a majority of the members serving voting therefor.
______
Rep. Hildenbrand moved that Rep. DeRoche be excused temporarily from today's session.
The motion prevailed.
Third Reading of Bills
House Bill No. 5628, entitled
A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending section 50507 (MCL 324.50507), as amended by 2004 PA 124.
The question being on the passage of the bill,
Rep. Stakoe moved to amend the bill as follows:
1. Amend page 3, line 7, after "BE" by striking out the balance of the subdivision and inserting "DISTRIBUTED AS FOLLOWS:
(i) THE FIRST $2,200,000.00 OF THE MONEY SHALL BE DISTRIBUTED TO EACH CITY, TOWNSHIP, VILLAGE, AND COUNTY IN EACH COUNTY THAT HAS LAND CLASSIFIED AS COMMERCIAL FOREST UNDER PART 511 IN PROPORTION TO THE AMOUNT OF COMMERCIAL FORESTLAND IN THAT LOCAL TAX COLLECTING UNIT, TO BE DISTRIBUTED IN THE SAME MANNER AND IN THE SAME PROPORTION AS AD VALOREM TAXES COLLECTED UNDER THE GENERAL PROPERTY TAX ACT, 1893 PA 206, MCL 211.1 TO 211.157.
(ii) THE NEXT $2,200,000.00 OF THE MONEY SHALL BE DEPOSITED INTO THE SCHOOL AID FUND ESTABLISHED UNDER SECTION 11 OF ARTICLE IX OF THE STATE CONSTITUTION OF 1963.
(iii) THE BALANCE OF THE MONEY SHALL BE DEPOSITED IN THE GENERAL FUND.".
2. Amend page 3, line 23, by striking out all of enacting section 1.
The motion was seconded and the amendments were 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. 60 Yeas--69
Acciavatti Farhat Marleau Rocca
Adamini Garfield McDowell Schuitmaker
Amos Gillard Meyer Shaffer
Angerer Gosselin Moolenaar Sheen
Ball Green Moore Sheltrown
Baxter Hansen Mortimer Spade
Booher Hildenbrand Newell Stahl
Brandenburg Hoogendyk Nitz Stakoe
Brown Huizenga Nofs Steil
Byrnes Hummel Palmer Stewart
Casperson Hune Palsrok Taub
Caswell Jones Pastor Van Regenmorter
Caul Kahn Pavlov Vander Veen
Donigan Kooiman Pearce Walker
Drolet LaJoy Polidori Ward
Elsenheimer Law, David Proos Wenke
Emmons Lemmons, III Robertson Wojno
Espinoza
Nays--37
Anderson Farrah Leland Sak
Bennett Gaffney Lemmons, Jr. Smith, Alma
Bieda Gleason Lipsey Smith, Virgil
Byrum Gonzales Mayes Tobocman
Cheeks Hood McConico Vagnozzi
Clack Hopgood Meisner Waters
Clemente Hunter Miller Whitmer
Condino Kolb Murphy Williams
Cushingberry Law, Kathleen Plakas Zelenko
Dillon
In The Chair: Kooiman
______
Rep. Kolb moved that Rep. Lipsey be excused temporarily from today's session.
The motion prevailed.
The House returned to the consideration of
House Bill No. 5454, entitled
A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending sections 51105, 51106, 51108, 51113, and 51116 (MCL 324.51105, 324.51106, 324.51108, 324.51113, and 324.51116), section 51105 as amended by 1996 PA 451 and sections 51106, 51108, 51113, and 51116 as added by 1995 PA 57.
(The bill was considered earlier today, see today's Journal p. 185.)
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. 61 Yeas--66
Acciavatti Garfield Lemmons, Jr. Robertson
Adamini Gillard Marleau Rocca
Amos Gonzales McDowell Schuitmaker
Ball Gosselin Meyer Shaffer
Baxter Green Moolenaar Sheen
Booher Hansen Moore Sheltrown
Brandenburg Hildenbrand Mortimer Stahl
Brown Hoogendyk Newell Stakoe
Casperson Huizenga Nitz Steil
Caswell Hummel Nofs Stewart
Caul Hune Palmer Taub
Drolet Jones Palsrok Van Regenmorter
Elsenheimer Kahn Pastor Vander Veen
Emmons Kooiman Pavlov Walker
Espinoza LaJoy Pearce Ward
Farhat Law, David Proos Wenke
Gaffney Lemmons, III
Nays--39
Anderson Cushingberry Leland Smith, Virgil
Angerer Dillon Mayes Spade
Bennett Donigan McConico Tobocman
Bieda Farrah Meisner Vagnozzi
Byrnes Gleason Miller Waters
Byrum Hood Murphy Whitmer
Cheeks Hopgood Plakas Williams
Clack Hunter Polidori Wojno
Clemente Kolb Sak Zelenko
Condino Law, Kathleen Smith, Alma
In The Chair: Kooiman
The House agreed to the title of the bill.
Rep. Hildenbrand moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
House Bill No. 5455, entitled
A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending sections 51101, 51103, and 51104 (MCL 324.51101, 324.51103, and 324.51104), as added by 1995 PA 57; and to repeal acts and parts of acts.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 62 Yeas--66
Acciavatti Garfield Marleau Rocca
Adamini Gillard McDowell Sak
Amos Gosselin Meyer Schuitmaker
Ball Green Moolenaar Shaffer
Baxter Hansen Moore Sheen
Booher Hildenbrand Mortimer Sheltrown
Brandenburg Hoogendyk Newell Stahl
Brown Huizenga Nitz Stakoe
Casperson Hummel Nofs Steil
Caswell Hune Palmer Stewart
Caul Jones Palsrok Taub
Drolet Kahn Pastor Van Regenmorter
Elsenheimer Kooiman Pavlov Vander Veen
Emmons LaJoy Pearce Walker
Espinoza Law, David Proos Ward
Farhat Lemmons, III Robertson Wenke
Gaffney Lemmons, Jr.
Nays--39
Anderson Cushingberry Law, Kathleen Smith, Virgil
Angerer Dillon Leland Spade
Bennett Donigan Mayes Tobocman
Bieda Farrah McConico Vagnozzi
Byrnes Gleason Meisner Waters
Byrum Gonzales Miller Whitmer
Cheeks Hood Murphy Williams
Clack Hopgood Plakas Wojno
Clemente Hunter Polidori Zelenko
Condino Kolb Smith, Alma
In The Chair: Kooiman
The House agreed to the title of the bill.
Rep. Hildenbrand moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
______
Rep. Hildenbrand moved that House Committees be given leave to meet during the balance of today's session.
The motion prevailed.
Introduction of Bills
Reps. Gaffney and Hune introduced
House Bill No. 5647, entitled
A bill to amend 1949 PA 300, entitled "Michigan vehicle code," by amending sections 224 and 229 (MCL 257.224 and 257.229), section 224 as amended by 1995 PA 129 and section 229 as amended by 1988 PA 276.
The bill was read a first time by its title and referred to the Committee on Transportation.
Rep. Schuitmaker introduced
House Bill No. 5648, entitled
A bill to amend 1954 PA 116, entitled "Michigan election law," by amending section 478 (MCL 168.478).
The bill was read a first time by its title and referred to the Committee on House Oversight, Elections, and Ethics.
Rep. Vander Veen introduced
House Bill No. 5649, entitled
A bill to amend 1954 PA 116, entitled "Michigan election law," by amending section 479 (MCL 168.479).
The bill was read a first time by its title and referred to the Committee on House Oversight, Elections, and Ethics.
Rep. Ward introduced
House Bill No. 5650, entitled
A bill to amend 1954 PA 116, entitled "Michigan election law," by amending section 477 (MCL 168.477), as amended by 1999 PA 219.
The bill was read a first time by its title and referred to the Committee on House Oversight, Elections, and Ethics.
Reps. Ward, Vander Veen, Kooiman, Garfield, Pearce, LaJoy, Gosselin, Rocca, Pastor, Marleau, Stahl, Palmer, Acciavatti, Pavlov, Stakoe, Farhat, Drolet, Taub, Huizenga and Kahn introduced
House Bill No. 5651, entitled
A bill to amend 1933 PA 167, entitled "General sales tax act," by amending section 4n (MCL 205.54n), as added by 1994 PA 111.
The bill was read a first time by its title and referred to the Committee on Tax Policy.
Reps. Ward, Vander Veen, Kooiman, Garfield, LaJoy, Gosselin, Rocca, Pastor, Marleau, Stahl, Palmer, Acciavatti, Pavlov, Stakoe, Farhat, Drolet, Taub, Huizenga and Kahn introduced
House Bill No. 5652, entitled
A bill to amend 1933 PA 167, entitled "General sales tax act," (MCL 205.51 to 205.78) by adding section 26.
The bill was read a first time by its title and referred to the Committee on Tax Policy.
Reps. Taub, Marleau, Stahl, Vander Veen, Elsenheimer, Newell, Nofs, Hildenbrand, Stakoe, Sheen, Stewart, Hune, Moore, Pastor, Brandenburg, LaJoy, Drolet, Huizenga, Garfield, Shaffer, Amos, Gaffney and Acciavatti introduced
House Bill No. 5653, entitled
A bill to amend 1978 PA 368, entitled "Public health code," by amending sections 2701, 5119, 16337, 17001, 17008, 17025, 17066, 17074, 17078, 17501, 17745a, 17745b, 18001, 18011, and 18021 (MCL 333.2701, 333.5119, 333.16337, 333.17001, 333.17008, 333.17025, 333.17066, 333.17074, 333.17078, 333.17501, 333.17745a, 333.17745b, 333.18001, 333.18011, and 333.18021), section 2701 as added by 1990 PA 16, section 5119 as amended by 2000 PA 209, section 16337 as added by 1993 PA 79, sections 17001 and 17501 as amended by 2005 PA 264, section 17025 as amended by 1980 PA 146, sections 17066, 17074, and 17078 as amended by 1990 PA 247, section 17745a as amended by 1999 PA 190, section 17745b as added by 1993 PA 306, and section 18021 as amended by 1993 PA 79, and by adding sections 18048, 18049, 18050, 18054, and 18056; and to repeal acts and parts of acts.
The bill was read a first time by its title and referred to the Committee on Health Policy.
Reps. McConico, Vagnozzi, Leland, Condino, Tobocman, Virgil Smith, Lipsey, Drolet, Adamini, Cushingberry and Lemmons, III introduced
House Bill No. 5654, 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. McConico, Vagnozzi, Leland, Condino, Tobocman, Virgil Smith, Lipsey, Drolet, Adamini, Cushingberry and Lemmons, III introduced
House Bill No. 5655, entitled
A bill to amend 1978 PA 368, entitled "Public health code," by amending sections 7401 and 7403 (MCL 333.7401 and 333.7403), as amended by 2002 PA 710; and to repeal acts and parts of acts.
The bill was read a first time by its title and referred to the Committee on Judiciary.
Reps. McConico, Vagnozzi, Leland, Condino, Tobocman, Virgil Smith, Lipsey, Drolet, Adamini, Cushingberry and Lemmons, III introduced
House Bill No. 5656, entitled
A bill to amend 1927 PA 175, entitled "The code of criminal procedure," by amending section 2 of chapter XI (MCL 771.2), as amended by 2002 PA 666.
The bill was read a first time by its title and referred to the Committee on Judiciary.
Reps. Cushingberry, Lipsey, Lemmons, Jr., Cheeks, David Law, Meisner, Kolb, Bieda, Condino, Adamini, Whitmer, Gaffney, Vagnozzi, Miller, Kahn, Sak, Sheltrown and Lemmons, III introduced
House Bill No. 5657, entitled
A bill to amend 1978 PA 368, entitled "Public health code," by amending section 7410 (MCL 333.7410), as amended by 2000 PA 302.
The bill was read a first time by its title and referred to the Committee on Local Government and Urban Policy.
Reps. Cushingberry, Lipsey, Lemmons, Jr., Cheeks, David Law, Meisner, Kolb, Bieda, Condino, Adamini, Whitmer, Gaffney, Vagnozzi, Miller, Kahn, Sak, Sheltrown and Lemmons, III introduced
House Bill No. 5658, entitled
A bill to amend 1927 PA 175, entitled "The code of criminal procedure," by amending section 18 of chapter XVII (MCL 777.18), as amended by 2000 PA 304.
The bill was read a first time by its title and referred to the Committee on Local Government and Urban Policy.
Reps. Cushingberry and Waters introduced
House Bill No. 5659, entitled
A bill to amend 1954 PA 116, entitled "Michigan election law," by amending sections 509bb and 510 (MCL 168.509bb and 168.510), section 509bb as added by 1994 PA 441, and by adding sections 515a and 764c.
The bill was read a first time by its title and referred to the Committee on House Oversight, Elections, and Ethics.
______
Rep. Wojno moved that the House adjourn.
The motion prevailed, the time being 2:55 p.m.
The Speaker Pro Tempore declared the House adjourned until Thursday, February 9, at 10:30 a.m.
GARY L. RANDALL
Clerk of the House of Representatives