2005-HJ-05-25-046.htm

No. 46

STATE OF MICHIGAN

JOURNAL

OF THE

House of Representatives

93rd Legislature

REGULAR SESSION OF 2005

House Chamber, Lansing, Wednesday, May 25, 2005.

1:00 p.m.

The House was called to order by the Speaker.

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--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--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--present

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

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

Byrnes--present Hood--excused 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--present Kehrl--present Pearce--present Wenke--present

DeRoche--present 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. Herb Kehrl, from the 56th District, offered the following invocation:

"Holy Father, God of Abraham, Isaac and Jacob, Father of all men, You have given us this good land as our heritage. Make us always remember Your generosity and constantly do Your will. Bless our State with honest industry, truthful education and an honorable way of life. Protect its representatives from discord and confusion; from pride and arrogance.

Make the people of this state, who come from many different backgrounds and have many different languages, a united people. Defend our liberties Lord, and give to those of us who have been entrusted with the authority of government, the spirit of wisdom that there might be justice and peace in this state.

When times are prosperous, let our hearts be thankful, and in troubled times do not let our trust in You fail. We ask all this in Your name Lord. Amen."

______

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

The motion prevailed.

Notices

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

"Mr. Speaker and members of the House:

I was absent from the Chamber when the vote was taken on Roll Call No. 141. Had I been present, I would have voted 'yea'."

By unanimous consent the House returned to the order of

Second Reading of Bills

Senate Bill No. 195, entitled

A bill to amend 1978 PA 368, entitled "Public health code," by amending sections 12411 and 12431 (MCL 333.12411 and 333.12431).

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.

Senate Bill No. 225, entitled

A bill to create an agricultural tourism advisory commission; to provide for its powers and duties; and to repeal acts and parts of acts.

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

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

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

The motion prevailed.

House Bill No. 4597, entitled

A bill to amend 1931 PA 328, entitled "The Michigan penal code," by amending section 335a (MCL 750.335a), as amended by 2002 PA 672.

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

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

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

The motion prevailed.

House Bill No. 4598, entitled

A bill to amend 1994 PA 295, entitled "Sex offenders registration act," by amending section 2 (MCL 28.722), as amended by 2004 PA 240.

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

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

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

The motion prevailed.

House Bill No. 4599, entitled

A bill to amend 1927 PA 175, entitled "The code of criminal procedure," by amending section 16q of chapter XVII (MCL 777.16q), as amended by 2002 PA 261.

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

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

Rep. Elsenheimer 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

Reports of Standing Committees

The Committee on Appropriations, by Rep. Hummel, Chair, reported

Senate Concurrent Resolution No. 18.

A concurrent resolution to change the scope of the Macomb Community College Fraser Building Renovation project to the Emergency Services Training Center expansion project and to increase the project cost.

(For text of concurrent resolution, see House Journal No. 41, p. 619.)

With the recommendation that the concurrent resolution be adopted.

The concurrent resolution was laid over one day under the rules.

Favorable Roll Call

To Report Out:

Yeas: Reps. Hummel, Pastor, Acciavatti, Kooiman, Stewart, Amos, Brandenburg, Caswell, Moolenaar, Shaffer, Steil, Taub, Walker, Booher, Caul, Hansen, Kahn, Whitmer, Brown, Kolb, Sak, Cheeks, Williams, Alma Smith, Phillips and Gonzales

Nays: None

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Tuesday, May 24, 2005

Present: Reps. Hummel, Pastor, Acciavatti, Kooiman, Stewart, Amos, Brandenburg, Caswell, Farhat, Moolenaar, Shaffer, Steil, Taub, Walker, Booher, Caul, Hansen, Kahn, Whitmer, Brown, Kolb, Sak, Cheeks, Williams, Plakas, Alma Smith, Phillips and Gonzales

Absent: Rep. Cushingberry

Excused: Rep. Cushingberry

The Committee on Education, by Rep. Palmer, Chair, reported

House Bill No. 4079, entitled

A bill to amend 1976 PA 451, entitled "The revised school code," (MCL 380.1 to 380.1852) by adding section 1290.

With the recommendation that the substitute (H-2) be adopted and that the bill then pass.

The bill and substitute were referred to the order of Second Reading of Bills.

Favorable Roll Call

To Report Out:

Yeas: Reps. Palmer, Mortimer, Gosselin, Meyer, Hoogendyk, Vander Veen, Wenke, Ball, Elsenheimer, Hildenbrand, Pearce, Proos and Lemmons, III

Nays: Reps. Hopgood, Miller, Kehrl and Clack

The Committee on Education, by Rep. Palmer, Chair, reported

House Bill No. 4080, entitled

A bill to amend 1979 PA 94, entitled "The state school aid act of 1979," (MCL 388.1601 to 388.1772) by adding section 9.

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. Palmer, Mortimer, Gosselin, Meyer, Hoogendyk, Vander Veen, Wenke, Ball, Elsenheimer, Hildenbrand, Pearce, Proos and Lemmons, III

Nays: Reps. Hopgood, Miller, Kehrl and Clack

The Committee on Education, by Rep. Palmer, Chair, reported

Senate Bill No. 72, entitled

A bill to amend 1976 PA 451, entitled "The revised school code," (MCL 380.1 to 380.1852) by adding section 1304.

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. Palmer, Mortimer, Gosselin, Meyer, Hoogendyk, Wenke, Ball, Elsenheimer, Hildenbrand, Pearce, Proos, Hopgood, Angerer, Kehrl and Clack

Nays: Rep. Miller

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Wednesday, May 25, 2005

Present: Reps. Palmer, Mortimer, Gosselin, Meyer, Hoogendyk, Vander Veen, Wenke, Ball, Elsenheimer, Hildenbrand, Pearce, Proos, Hopgood, Miller, Angerer, Lemmons, III, Virgil Smith, Kehrl and Clack

COMMITTEE ATTENDANCE REPORT

The following report, submitted by Rep. Sheen, Chair, of the Committee on Tax Policy, was received and read:

Meeting held on: Thursday, May 12, 2005

Present: Reps. Sheen, Gosselin, Newell, Drolet, Hoogendyk, Stakoe, Condino, Miller, Meisner and Bennett

Absent: Reps. Meyer, Palmer, Jones, Marleau, Bieda, Farrah and Zelenko

Excused: Reps. Meyer, Palmer, Jones, Marleau, Bieda, Farrah and Zelenko

COMMITTEE ATTENDANCE REPORT

The following report, submitted by Rep. Sheen, Chair, of the Committee on Tax Policy, was received and read:

Meeting held on: Monday, May 23, 2005

Present: Reps. Sheen, Gosselin, Drolet, Hoogendyk, Stakoe, Marleau, Condino, Bieda, Farrah, Zelenko, Miller and Meisner

Absent: Reps. Meyer, Newell, Palmer, Jones and Bennett

Excused: Reps. Meyer, Newell, Palmer, Jones and Bennett

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, May 24, 2005

Present: Reps. Garfield, Moore, Mortimer, Pavlov, Rocca, Espinoza, Sheltrown and Spade

Absent: Rep. Polidori

Excused: Rep. Polidori

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Tuesday, May 24, 2005

Present: Reps. Nitz, Ball, Newell, Casperson, Stahl, Proos, Hune, Mayes, Spade, Kathleen Law and Sheltrown

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, May 25, 2005

Present: Reps. Nofs, Proos, Emmons, Garfield, Huizenga, LaJoy, Stahl, Baxter, Moore, Schuitmaker, Accavitti, Murphy, Mayes, Hunter, Hopgood and Clemente

Absent: Reps. Drolet, Palsrok and Dillon

Excused: Reps. Drolet, Palsrok and Dillon

COMMITTEE ATTENDANCE REPORT

The following report, submitted by Rep. Sheen, Chair, of the Committee on Tax Policy, was received and read:

Meeting held on: Wednesday, May 25, 2005

Present: Reps. Sheen, Meyer, Gosselin, Newell, Drolet, Palmer, Hoogendyk, Stakoe, Jones, Condino, Bieda, Farrah, Zelenko, Miller, Meisner and Bennett

Absent: Rep. Marleau

Excused: Rep. Marleau

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, May 25, 2005

Present: Reps. Van Regenmorter, Schuitmaker, Newell, Nofs, Stakoe, Elsenheimer, Jones, David Law, Rocca, Lipsey, Condino, Adamini, McConico, Bieda and Virgil Smith

Announcement by the Clerk of Printing and Enrollment

The Clerk announced that the following bills and joint resolution had been printed and placed upon the files of the members on Wednesday, May 25:

House Bill Nos. 4821 4822 4823 4824 4825 4826 4827 4828

House Joint Resolution K

The Clerk announced that the following Senate bills had been received on Wednesday, May 25:

Senate Bill Nos. 92 168 221 222 298 398 415 521 525

By unanimous consent the House returned to the order of

Messages from the Senate

House Bill No. 4677, entitled

A bill to amend 2001 PA 142, entitled "Michigan memorial highway act," (MCL 250.1001 to 250.2080) by adding section 87.

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. 4602, entitled

A bill to amend 1951 PA 51, entitled "An act to provide for the classification of all public roads, streets, and highways in this state, and for the revision of that classification and for additions to and deletions from each classification; to set up and establish the Michigan transportation fund; to provide for the deposits in the Michigan transportation fund of specific taxes on motor vehicles and motor vehicle fuels; to provide for the allocation of funds from the Michigan transportation fund and the use and administration of the fund for transportation purposes; to set up and establish the truck safety fund; to provide for the allocation of funds from the truck safety fund and administration of the fund for truck safety purposes; to set up and establish the Michigan truck safety commission; to establish certain standards for road contracts for certain businesses; to provide for the continuing review of transportation needs within the state; to authorize the state transportation commission, counties, cities, and villages to borrow money, issue bonds, and make pledges of funds for transportation purposes; to authorize counties to advance funds for the payment of deficiencies necessary for the payment of bonds issued under this act; to provide for the limitations, payment, retirement, and security of the bonds and pledges; to provide for appropriations and tax levies by counties and townships for county roads; to authorize contributions by townships for county roads; to provide for the establishment and administration of the state trunk line fund, local bridge fund, comprehensive transportation fund, and certain other funds; to provide for the deposits in the state trunk line fund, critical bridge fund, comprehensive transportation fund, and certain other funds of money raised by specific taxes and fees; to provide for definitions of public transportation functions and criteria; to define the purposes for which Michigan transportation funds may be allocated; to provide for Michigan transportation fund grants; to provide for review and approval of transportation programs; to provide for submission of annual legislative requests and reports; to provide for the establishment and functions of certain advisory entities; to provide for conditions for grants; to provide for the issuance of bonds and notes for transportation purposes; to provide for the powers and duties of certain state and local agencies and officials; to provide for the making of loans for transportation purposes by the state transportation department and for the receipt and repayment by local units and agencies of those loans from certain specified sources; and to repeal acts and parts of acts," by amending section 10c (MCL 247.660c), as amended by 2002 PA 498.

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

The Senate has passed the bill as substituted (S-1) and ordered that it be given immediate effect.

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

House Concurrent Resolution No. 8.

A concurrent resolution to urge the United States Nuclear Regulatory Commission to extend the operating license of the Palisades Nuclear Power Plant.

(For text of resolution, see House Journal No. 27, p. 383.)

The Senate has adopted the concurrent resolution and named Senators Goschka and Jelinek as co-sponsors.

The concurrent resolution was referred to the Clerk for record.

House Concurrent Resolution No. 9.

A concurrent resolution to urge the United States Nuclear Regulatory Commission to extend the operating license of the D.C. Cook Nuclear Power Plant.

(For text of resolution, see House Journal No. 27, p. 384.)

The Senate has adopted the concurrent resolution and named Senators Goschka and Jelinek as co-sponsors.

The concurrent resolution was referred to the Clerk for record.

Senate Bill No. 92, 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 Senate has passed the bill.

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

Senate Bill No. 168, entitled

A bill to amend 1933 PA 167, entitled "General sales tax act," by amending section 1 (MCL 205.51), as amended by 2004 PA 173.

The Senate has passed the bill.

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

Senate Bill No. 221, entitled

A bill to amend 1967 PA 281, entitled "Income tax act of 1967," (MCL 206.1 to 206.532) by adding section 262.

The Senate has passed the bill.

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

______

The Speaker called the Speaker Pro Tempore to the Chair.

Rep. Palmer moved that Rep. Van Regenmorter be excused temporarily from today's session.

The motion prevailed.

Third Reading of Bills

House Bill No. 4774, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending section 20129a (MCL 324.20129a), as amended by 2004 PA 114.

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

Roll Call No. 142 Yeas--96

Accavitti Donigan Law, Kathleen Proos

Acciavatti Elsenheimer Leland Rocca

Adamini Emmons Lemmons, III Sak

Amos Espinoza Lemmons, Jr. Schuitmaker

Anderson Farhat Lipsey Shaffer

Angerer Farrah Mayes Sheltrown

Ball Gaffney McConico Smith, Alma

Bennett Gillard McDowell Smith, Virgil

Bieda Gleason Meisner Spade

Booher Gonzales Miller Stahl

Brandenburg Green Moolenaar Stakoe

Brown Hansen Mortimer Steil

Byrnes Hildenbrand Murphy Stewart

Byrum Hopgood Newell Tobocman

Casperson Huizenga Nitz Vagnozzi

Caswell Hummel Nofs Vander Veen

Caul Hunter Palmer Walker

Cheeks Jones Palsrok Ward

Clack Kahn Pastor Waters

Clemente Kehrl Pavlov Wenke

Condino Kolb Pearce Whitmer

Cushingberry Kooiman Phillips Williams

DeRoche LaJoy Plakas Wojno

Dillon Law, David Polidori Zelenko

Nays--12

Baxter Gosselin Marleau Robertson

Drolet Hoogendyk Meyer Sheen

Garfield Hune Moore Taub

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. McConico, Plakas, Anderson, Stewart, Zelenko, Vander Veen, Hunter, Tobocman, Farrah, Pastor, Hopgood, Kathleen Law, Brandenburg, Bieda, Wojno, Clack, Condino, Vagnozzi, Accavitti, Gleason, Moolenaar, Gillard, Dillon, Ball, Byrnes, Cheeks, Donigan, Espinoza, Gonzales, Hildenbrand, Jones, Kehrl, David Law, Leland, Lemmons, III, Lemmons, Jr., Mayes, Polidori, Sheltrown, Spade and Murphy were named co-sponsors of the bill.

Second Reading of Bills

Senate Bill No. 352, entitled

A bill to amend 1978 PA 368, entitled "Public health code," (MCL 333.1101 to 333.25211) by adding section 17753.

The bill was read a second time.

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

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

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

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

Rep. 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.

By unanimous consent the House returned to the order of

Third Reading of Bills

Senate Bill No. 352, entitled

A bill to amend 1978 PA 368, entitled "Public health code," (MCL 333.1101 to 333.25211) by adding section 17753.

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

Roll Call No. 143 Yeas--108

Accavitti Elsenheimer Law, Kathleen Proos

Acciavatti Emmons Leland Robertson

Adamini Espinoza Lemmons, III Rocca

Amos Farhat Lemmons, Jr. Sak

Anderson Farrah Lipsey Schuitmaker

Angerer Gaffney Marleau Shaffer

Ball Garfield Mayes Sheen

Baxter Gillard McConico Sheltrown

Bennett Gleason McDowell Smith, Alma

Bieda Gonzales Meisner Smith, Virgil

Booher Gosselin Meyer Spade

Brandenburg Green Miller Stahl

Brown Hansen Moolenaar Stakoe

Byrnes Hildenbrand Moore Steil

Byrum Hoogendyk Mortimer Stewart

Casperson Hopgood Murphy Taub

Caswell Huizenga Newell Tobocman

Caul Hummel Nitz Vagnozzi

Cheeks Hune Nofs Vander Veen

Clack Hunter Palmer Walker

Clemente Jones Palsrok Ward

Condino Kahn Pastor Waters

Cushingberry Kehrl Pavlov Wenke

DeRoche Kolb Pearce Whitmer

Dillon Kooiman Phillips Williams

Donigan LaJoy Plakas Wojno

Drolet Law, David Polidori Zelenko

Nays--0

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 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 17752 (MCL 333.17752).

The motion prevailed.

The House agreed to the title as amended.

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

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

By unanimous consent the House returned to the order of

Messages from the Senate

The Speaker laid before the House

House Bill No. 4434, entitled

A bill to amend 1978 PA 368, entitled "Public health code," by amending section 17752 (MCL 333.17752) and by adding section 17753.

(The bill was received from the Senate on May 17, with substitute (S-1), title amendment and immediate effect given by the Senate, consideration of which, under the rules, was postponed until May 18, see House Journal No. 42, p. 630.)

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

Rep. Hummel moved to substitute (H-4) the Senate substitute (S-1).

The motion did not prevail and the substitute (H-4) was not adopted, a majority of the members serving not voting therefor.

Rep. Hummel moved to substitute (H-3) the Senate substitute (S-1).

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

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

The substitute (S-1), as substituted (H-3), was concurred in, a majority of the members serving voting therefor, by yeas and nays, as follows:

Roll Call No. 144 Yeas--108

Accavitti Elsenheimer Law, Kathleen Proos

Acciavatti Emmons Leland Robertson

Adamini Espinoza Lemmons, III Rocca

Amos Farhat Lemmons, Jr. Sak

Anderson Farrah Lipsey Schuitmaker

Angerer Gaffney Marleau Shaffer

Ball Garfield Mayes Sheen

Baxter Gillard McConico Sheltrown

Bennett Gleason McDowell Smith, Alma

Bieda Gonzales Meisner Smith, Virgil

Booher Gosselin Meyer Spade

Brandenburg Green Miller Stahl

Brown Hansen Moolenaar Stakoe

Byrnes Hildenbrand Moore Steil

Byrum Hoogendyk Mortimer Stewart

Casperson Hopgood Murphy Taub

Caswell Huizenga Newell Tobocman

Caul Hummel Nitz Vagnozzi

Cheeks Hune Nofs Vander Veen

Clack Hunter Palmer Walker

Clemente Jones Palsrok Ward

Condino Kahn Pastor Waters

Cushingberry Kehrl Pavlov Wenke

DeRoche Kolb Pearce Whitmer

Dillon Kooiman Phillips Williams

Donigan LaJoy Plakas Wojno

Drolet Law, David Polidori Zelenko

Nays--0

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:

The motion prevailed.

The House agreed to the title as amended.

The Speaker laid before the House

House Bill No. 4450, entitled

A bill to amend 1949 PA 300, entitled "Michigan vehicle code," by amending section 217 (MCL 257.217), as amended by 2002 PA 652.

(The bill was received from the Senate on May 17, with amendments, full title inserted and immediate effect given by the Senate, consideration of which, under the rules, was postponed until May 18, see House Journal No. 42, p. 631.)

The question being on concurring in the amendments made to the bill by the Senate,

The amendments were concurred in, a majority of the members serving voting therefor, by yeas and nays, as follows:

Roll Call No. 145 Yeas--108

Accavitti Elsenheimer Law, Kathleen Proos

Acciavatti Emmons Leland Robertson

Adamini Espinoza Lemmons, III Rocca

Amos Farhat Lemmons, Jr. Sak

Anderson Farrah Lipsey Schuitmaker

Angerer Gaffney Marleau Shaffer

Ball Garfield Mayes Sheen

Baxter Gillard McConico Sheltrown

Bennett Gleason McDowell Smith, Alma

Bieda Gonzales Meisner Smith, Virgil

Booher Gosselin Meyer Spade

Brandenburg Green Miller Stahl

Brown Hansen Moolenaar Stakoe

Byrnes Hildenbrand Moore Steil

Byrum Hoogendyk Mortimer Stewart

Casperson Hopgood Murphy Taub

Caswell Huizenga Newell Tobocman

Caul Hummel Nitz Vagnozzi

Cheeks Hune Nofs Vander Veen

Clack Hunter Palmer Walker

Clemente Jones Palsrok Ward

Condino Kahn Pastor Waters

Cushingberry Kehrl Pavlov Wenke

DeRoche Kolb Pearce Whitmer

Dillon Kooiman Phillips Williams

Donigan LaJoy Plakas Wojno

Drolet Law, David Polidori Zelenko

Nays--0

In The Chair: Kooiman

The House agreed to the full title of the bill.

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

The Speaker laid before the House

House Bill No. 4451, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending section 80320 (MCL 324.80320), as added by 1995 PA 58.

The question being on concurring in the amendments made to the bill by the Senate,

The amendments were concurred in, a majority of the members serving voting therefor, by yeas and nays, as follows:

Roll Call No. 146 Yeas--108

Accavitti Elsenheimer Law, Kathleen Proos

Acciavatti Emmons Leland Robertson

Adamini Espinoza Lemmons, III Rocca

Amos Farhat Lemmons, Jr. Sak

Anderson Farrah Lipsey Schuitmaker

Angerer Gaffney Marleau Shaffer

Ball Garfield Mayes Sheen

Baxter Gillard McConico Sheltrown

Bennett Gleason McDowell Smith, Alma

Bieda Gonzales Meisner Smith, Virgil

Booher Gosselin Meyer Spade

Brandenburg Green Miller Stahl

Brown Hansen Moolenaar Stakoe

Byrnes Hildenbrand Moore Steil

Byrum Hoogendyk Mortimer Stewart

Casperson Hopgood Murphy Taub

Caswell Huizenga Newell Tobocman

Caul Hummel Nitz Vagnozzi

Cheeks Hune Nofs Vander Veen

Clack Hunter Palmer Walker

Clemente Jones Palsrok Ward

Condino Kahn Pastor Waters

Cushingberry Kehrl Pavlov Wenke

DeRoche Kolb Pearce Whitmer

Dillon Kooiman Phillips Williams

Donigan LaJoy Plakas Wojno

Drolet Law, David Polidori Zelenko

Nays--0

In The Chair: Kooiman

The House agreed to the full title of the bill.

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

The Speaker laid before the House

House Bill No. 4452, entitled

A bill to amend 1987 PA 96, entitled "The mobile home commission act," by amending section 30d (MCL 125.2330d).

(The bill was received from the Senate on May 17, with substitute (S-1), full title inserted and immediate effect given by the Senate, consideration of which, under the rules, was postponed until May 18, see House Journal No. 42, p. 631.)

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

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

Roll Call No. 147 Yeas--108

Accavitti Elsenheimer Law, Kathleen Proos

Acciavatti Emmons Leland Robertson

Adamini Espinoza Lemmons, III Rocca

Amos Farhat Lemmons, Jr. Sak

Anderson Farrah Lipsey Schuitmaker

Angerer Gaffney Marleau Shaffer

Ball Garfield Mayes Sheen

Baxter Gillard McConico Sheltrown

Bennett Gleason McDowell Smith, Alma

Bieda Gonzales Meisner Smith, Virgil

Booher Gosselin Meyer Spade

Brandenburg Green Miller Stahl

Brown Hansen Moolenaar Stakoe

Byrnes Hildenbrand Moore Steil

Byrum Hoogendyk Mortimer Stewart

Casperson Hopgood Murphy Taub

Caswell Huizenga Newell Tobocman

Caul Hummel Nitz Vagnozzi

Cheeks Hune Nofs Vander Veen

Clack Hunter Palmer Walker

Clemente Jones Palsrok Ward

Condino Kahn Pastor Waters

Cushingberry Kehrl Pavlov Wenke

DeRoche Kolb Pearce Whitmer

Dillon Kooiman Phillips Williams

Donigan LaJoy Plakas Wojno

Drolet Law, David Polidori Zelenko

Nays--0

In The Chair: Kooiman

The House agreed to the full title of the bill.

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

______

The Speaker Pro Tempore called Associate Speaker Pro Tempore Elsenheimer to the Chair.

The Speaker laid before the House

House Bill No. 4453, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending section 81108 (MCL 324.81108), as added by 1995 PA 58.

The question being on concurring in the amendments made to the bill by the Senate,

The amendments were concurred in, a majority of the members serving voting therefor, by yeas and nays, as follows:

Roll Call No. 148 Yeas--108

Accavitti Elsenheimer Law, Kathleen Proos

Acciavatti Emmons Leland Robertson

Adamini Espinoza Lemmons, III Rocca

Amos Farhat Lemmons, Jr. Sak

Anderson Farrah Lipsey Schuitmaker

Angerer Gaffney Marleau Shaffer

Ball Garfield Mayes Sheen

Baxter Gillard McConico Sheltrown

Bennett Gleason McDowell Smith, Alma

Bieda Gonzales Meisner Smith, Virgil

Booher Gosselin Meyer Spade

Brandenburg Green Miller Stahl

Brown Hansen Moolenaar Stakoe

Byrnes Hildenbrand Moore Steil

Byrum Hoogendyk Mortimer Stewart

Casperson Hopgood Murphy Taub

Caswell Huizenga Newell Tobocman

Caul Hummel Nitz Vagnozzi

Cheeks Hune Nofs Vander Veen

Clack Hunter Palmer Walker

Clemente Jones Palsrok Ward

Condino Kahn Pastor Waters

Cushingberry Kehrl Pavlov Wenke

DeRoche Kolb Pearce Whitmer

Dillon Kooiman Phillips Williams

Donigan LaJoy Plakas Wojno

Drolet Law, David Polidori Zelenko

Nays--0

In The Chair: Elsenheimer

The House agreed to the full title of the bill.

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

Second Reading of Bills

House Bill No. 4541, entitled

A bill to amend 1998 PA 58, entitled "Michigan liquor control code of 1998," by amending section 518 (MCL 436.1518), as added by 2002 PA 725.

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

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

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

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

Rep. Byrum 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. Sak moved that Reps. Alma Smith and Lipsey be excused temporarily from today's session.

The motion prevailed.

By unanimous consent the House returned to the order of

Third Reading of Bills

House Bill No. 4541, entitled

A bill to amend 1998 PA 58, entitled "Michigan liquor control code of 1998," by amending section 518 (MCL 436.1518), as added by 2002 PA 725.

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

Roll Call No. 149 Yeas--100

Accavitti Donigan LaJoy Polidori

Acciavatti Drolet Law, David Proos

Adamini Elsenheimer Law, Kathleen Robertson

Amos Emmons Leland Rocca

Anderson Espinoza Lemmons, III Sak

Angerer Farhat Lemmons, Jr. Schuitmaker

Ball Farrah Marleau Shaffer

Baxter Gaffney Mayes Sheen

Bennett Gillard McConico Sheltrown

Bieda Gleason McDowell Smith, Virgil

Booher Gonzales Meisner Spade

Brandenburg Green Meyer Stakoe

Brown Hansen Miller Steil

Byrnes Hildenbrand Moolenaar Taub

Byrum Hoogendyk Moore Tobocman

Casperson Hopgood Mortimer Vagnozzi

Caswell Huizenga Murphy Vander Veen

Caul Hummel Newell Walker

Cheeks Hune Nitz Ward

Clack Hunter Palmer Waters

Clemente Jones Palsrok Wenke

Condino Kahn Pastor Whitmer

Cushingberry Kehrl Pavlov Williams

DeRoche Kolb Phillips Wojno

Dillon Kooiman Plakas Zelenko

Nays--6

Garfield Nofs Stahl Stewart

Gosselin Pearce

In The Chair: Elsenheimer

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 1998 PA 58, entitled "Michigan liquor control code of 1998," by amending sections 518, 525, and 537 (MCL 436.1518, 436.1525, and 436.1537), section 518 as added by 2002 PA 725, section 525 as amended by 2004 PA 266, and section 537 as amended by 2001 PA 223.

The motion prevailed.

The House agreed to the title as amended.

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

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

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

Motions and Resolutions

Reps. Sak, Adamini, Anderson, Ball, Brandenburg, Brown, Byrum, Caul, Clemente, Cushingberry, Donigan, Farrah, Gillard, Gleason, Gonzales, Hildenbrand, Hopgood, Kehrl, Kolb, Kooiman, Kathleen Law, Lemmons, III, Lemmons, Jr.,McDowell, Meisner, Meyer, Miller, Murphy, Phillips, Plakas, Polidori, Sheltrown, Spade, Tobocman, Vagnozzi, Waters and Zelenko offered the following resolution:

House Resolution No. 78.

A resolution recognizing May 25, 2005, as Very Special Arts (VSA) Day 2005 in the state of Michigan.

Whereas, We are proud to recognize VSA arts of Michigan as they celebrate VSA at the Capitol Day 2005; and

Whereas, VSA 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, VSA arts of Michigan's mission is to promote creative power in people with disabilities; and

Whereas, VSA 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, use arts to encourage positive interactions between persons with and without disabilities, and increase the opportunities for people with disabilities to pursue a career in the arts; and

Whereas, VSA 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 than 2,000 intermittent volunteers; and

Whereas, This program came to Michigan in 1977; and

Whereas, VSA arts of Michigan's activities include exhibitions of student artwork, individual classroom workshops, student scholarships, and their annual VSA at the Capitol Day; now, therefore be it

Resolved by the House of Representatives, That the members of this legislative body hereby recognize May 25, 2005, as VSA Day in the state of Michigan.

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. Stahl, Adamini, Anderson, Ball, Booher, Brandenburg, Brown, Byrum, Caul, Clemente, Cushingberry, Donigan, Farrah, Gaffney, Garfield, Gillard, Gleason, Hansen, Hildenbrand, Hopgood, Kahn, Kolb, Kooiman, LaJoy, Kathleen Law, Lemmons, III, Lemmons, Jr., Marleau, Mayes, McDowell, Meisner, Meyer, Miller, Mortimer, Nofs, Phillips, Plakas, Polidori, Proos, Rocca, Sak, Sheltrown, Stewart, Taub, Tobocman, Vander Veen, Waters and Zelenko offered the following concurrent resolution:

House Concurrent Resolution No. 15.

A concurrent resolution to memorialize the Congress of the United States and the United States Department of Agriculture (USDA) to provide assistance in the effort to mitigate the infestation of the Emerald Ash Borer.

Whereas, With alarming swiftness, the Emerald Ash Borer (EAB), an aggressive Asian insect, is threatening virtually all of the ash trees in the state of Michigan and surrounding region. In spite of the quarantine in 20 Michigan counties, this beetle has killed or damaged approximately 15 million ash trees in the state. Overall, the EAB, an invasive species, is causing similar devastation in the states of Ohio and Indiana, as well as the Canadian province of Ontario, threatening as many as 700 million ash trees in our state and 8 billion in North America; and

Whereas, Ash trees are very important to the ecology, economy, and environment of our state and the nation. Ash trees are used for many products in several sectors of business. Beyond these factors, the ash trees that grace our communities and neighborhoods are beloved shade trees that contribute enormously to the character and beauty of Michigan, the region, and the nation; and

Whereas, Governor Granholm is working to secure continued assistance from the federal government to deal swiftly with this devastating pest. Michigan needs sustained technical and financial assistance to face this emergency. The state has taken decisive actions to address this invasive species, but the magnitude of the problem and the immediacy of the issue make it clear we need the prompt assistance of Congress and the USDA; now, therefore, be it

Resolved by the House of Representatives (the Senate concurring), That we memorialize the Congress of the United States and the United States Department of Agriculture (USDA) to provide assistance in the effort to mitigate the infestation of the Emerald Ash Borer; and be it further

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

The concurrent resolution was referred to the Committee on Agriculture.

Messages from the Senate

Senate Bill No. 222, entitled

A bill to amend 1975 PA 228, entitled "Single business tax act," (MCL 208.1 to 208.145) by adding section 35c.

The Senate has passed the bill.

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

Senate Bill No. 298, entitled

A bill to amend 1972 PA 284, entitled "Business corporation act," by amending section 1062 (MCL 450.2062), as amended by 1997 PA 118.

The Senate has passed the bill.

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

Senate Bill No. 398, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," (MCL 324.101 to 324.90106) by adding section 74126.

The Senate has passed the bill.

The bill was read a first time by its title and referred to the Committee on Conservation, Forestry, and Outdoor Recreation.

Senate Bill No. 415, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending section 82148 (MCL 324.82148), as added by 1995 PA 58.

The Senate has passed the bill.

The bill was read a first time by its title and referred to the Committee on Conservation, Forestry, and Outdoor Recreation.

Senate Bill No. 521, entitled

A bill to amend 1967 PA 281, entitled "Income tax act of 1967," by amending section 30 (MCL 206.30), as amended by 2004 PA 394.

The Senate has passed the bill.

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

Senate Bill No. 525, entitled

A bill to amend 2003 PA 296, entitled "Michigan early stage venture investment act of 2003," by amending sections 5 and 15 (MCL 125.2235 and 125.2245).

The Senate has passed the bill.

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

Messages from the Governor

Date: May 23, 2005

Time: 11:26 a.m.

To the Speaker of the House of Representatives:

Sir--I have this day approved and signed

Enrolled House Bill No. 4482 (Public Act No. 29, I.E.), being

An act to amend 1980 PA 450, entitled "An act to prevent urban deterioration and encourage economic development and activity and to encourage neighborhood revitalization and historic preservation; to provide for the establishment of tax increment finance authorities and to prescribe their powers and duties; to authorize the acquisition and disposal of interests in real and personal property; to provide for the creation and implementation of development plans; to provide for the creation of a board to govern an authority and to prescribe its powers and duties; to permit the issuance of bonds and other evidences of indebtedness by an authority; to permit the use of tax increment financing; to reimburse authorities for certain losses of tax increment revenues; and to prescribe the powers and duties of certain state agencies and officers," by amending section 1 (MCL 125.1801), as amended by 1998 PA 499.

(Filed with the Secretary of State May 25, 2005, at 9:22 a.m.)

Date: May 23, 2005

Time: 11:32 a.m.

To the Speaker of the House of Representatives:

Sir--I have this day approved and signed

Enrolled House Bill No. 4225 (Public Act No. 30, I.E.), being

An act to amend 1977 PA 89, entitled "An act to provide for the establishment of cooperative libraries; to prescribe the powers and duties of the department of history, arts, and libraries; to provide state aid for public libraries participating in cooperative libraries; to prescribe the powers and duties of cooperative library boards; to provide an appropriation; and to repeal acts and parts of acts," by amending section 6 (MCL 397.556), as amended by 2001 PA 65.

(Filed with the Secretary of State May 25, 2005, at 9:24 a.m.)

Introduction of Bills

Reps. Hune, Gaffney, Mortimer, LaJoy, Wenke and Nofs introduced

House Bill No. 4829, entitled

A bill to amend 1956 PA 218, entitled "The insurance code of 1956," (MCL 500.100 to 500.8302) by adding section 481.

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

Reps. Condino, Bieda, Gleason, Gonzales, Plakas, Alma Smith, Wojno, Nofs, Accavitti, Hune, Brown, Meisner, Hopgood, Byrnes, Clemente, Spade, Tobocman, Gaffney, Stewart, Gillard, Phillips, Jones, Sheen, Byrum, Farrah, Kolb, Van Regenmorter, Stahl, Wenke, Lipsey, Polidori, Waters, Vagnozzi and Sak introduced

House Bill No. 4830, entitled

A bill to prescribe the blue alert of Michigan as the official response to reports of attacks on law enforcement officers; to provide for the broadcast of information regarding those attacks; to provide certain powers and duties of the department of state police; and to provide for certain civil immunity.

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

Rep. Hummel introduced

House Bill No. 4831, entitled

A bill to make, supplement, adjust, and consolidate appropriations for various state departments and agencies, the judicial branch, and the legislative branch for the fiscal years ending September 30, 2005 and September 30, 2006; to provide for certain conditions on appropriations; and to provide for the expenditure of the appropriations.

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

Rep. Hummel introduced

House Bill No. 4832, entitled

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

Rep. Hummel introduced

House Bill No. 4833, entitled

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

Rep. Meisner moved that the House adjourn.

The motion prevailed, the time being 3:45 p.m.

Associate Speaker Pro Tempore Elsenheimer declared the House adjourned until Thursday, May 26, at 10:30 a.m.

GARY L. RANDALL

Clerk of the House of Representatives