No. 61
STATE OF MICHIGAN
JOURNAL
OF THE
House of Representatives
93rd Legislature
REGULAR SESSION OF 2005
House Chamber, Lansing, Wednesday, June 29, 2005.
1:00 p.m.
The House was called to order by Associate Speaker Pro Tempore Caswell.
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--e/d/s 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--excused Hansen--present Moolenaar--present Stakoe--present
Brown--present Hildenbrand--present Moore--present Steil--present
Byrnes--present Hood--present Mortimer--present Stewart--present
Byrum--present Hoogendyk--present Murphy--present Taub--present
Casperson--present Hopgood--present Newell--present Tobocman--present
Caswell--present Huizenga--present Nitz--present Vagnozzi--present
Caul--present Hummel--present Nofs--present Van Regenmorter--present
Cheeks--excused 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. John Moolenaar, from the 98th District, offered the following invocation:
"Lord, You are our God and King most worthy of praise. Our minds cannot comprehend Your greatness the Maker of heaven and earth, the sea, and everything in them the Lord, who remains faithful forever. You uphold the cause of the oppressed and give food to the hungry. You set prisoners free, and give sight to the blind, You lift up those who are bowed down and love the righteous. You watch over the alien and sustain the fatherless and the widow, but frustrate the ways of the wicked. You reign forever for all generations.
We invite Your presence to guide us today in this chamber. Help us to be considerate of each other and as we agree on issues or disagree on issues, give us a spirit of goodwill to work together constructively for the people of our state.
We pray today for healing for Rep. Brandenburg's son, Brian, from cancer. We also pray for Your healing touch upon Rep. Cheeks as she is in Harper Hospital in Detroit. We also ask that You comfort the family of Rep. Elsenheimer during this time of mourning over the loss of Kevin's brother, Todd's, wife Dana.
There are also many people in this chamber who have needs of which we are unaware. I ask that You would meet the needs in a way that blesses our colleagues and glorifies You.
Today as we look forward to celebrating our nation's freedom over the 4th of July weekend, we especially remember our troops in danger's way and ask You to protect and watch over them.
I pray in the name of Jesus. Amen."
______
The Speaker Pro Tempore assumed the Chair.
Rep. Palmer moved that Rep. Brandenburg be excused from today's session.
The motion prevailed.
Rep. Sak moved that Rep. Cheeks be excused from this week's session.
The motion prevailed.
Notices
Rep. Taub, 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 Nos. 244-270. Had I been present, I would have voted 'yea' on Roll Call Nos. 244-253 and 255-270 and 'nay' on Roll Call No. 254."
By unanimous consent the House returned to the order of
Second Reading of Bills
House Bill No. 4403, entitled
A bill to amend 1978 PA 368, entitled "Public health code," by amending section 16215 (MCL 333.16215), as amended by 1999 PA 60.
Was read a second time, and the question being on the adoption of the proposed substitute (H-1) previously recommended by the Committee on Health Policy,
The substitute (H-1) was adopted, a majority of the members serving voting therefor.
Rep. Ward moved that consideration of the bill be postponed temporarily.
The motion prevailed.
House Bill No. 4734, entitled
A bill to amend 1975 PA 228, entitled "Single business tax act," by amending section 38g (MCL 208.38g), as amended by 2003 PA 249.
Was read a second time, and the question being on the adoption of the proposed substitute (H-2) previously recommended by the Committee on Commerce,
The substitute (H-2) was adopted, a majority of the members serving voting therefor.
Rep. Elsenheimer 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. Elsenheimer moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
House Bill No. 4733, entitled
A bill to amend 1975 PA 228, entitled "Single business tax act," (MCL 208.1 to 208.145) by adding section 35c.
The bill was read a second time.
Rep. Baxter 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. Baxter moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
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 bill was read a second time.
Rep. Huizenga moved to substitute (H-1) the bill.
The motion prevailed and the substitute (H-1) was adopted, a majority of the members serving voting therefor.
Rep. Ward moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
House Bill No. 4963, entitled
A bill to amend 2000 PA 77, entitled "An act to amend 1949 PA 300, entitled "An act to provide for the registration, titling, sale, transfer, and regulation of certain vehicles operated upon the public highways of this state or any other place open to the general public or generally accessible to motor vehicles and distressed vehicles; to provide for the licensing of dealers; to provide for the examination, licensing, and control of operators and chauffeurs; to provide for the giving of proof of financial responsibility and security by owners and operators of vehicles; to provide for the imposition, levy, and collection of specific taxes on vehicles, and the levy and collection of sales and use taxes, license fees, and permit fees; to provide for the regulation and use of streets and highways; to create certain funds; to provide penalties and sanctions for a violation of this act; to provide for civil liability of owners and operators of vehicles and service of process on residents and nonresidents; to provide for the levy of certain assessments; to provide for the enforcement of this act; to provide for the creation of and to prescribe the powers and duties of certain state and local agencies; to repeal all other acts or parts of acts inconsistent with this act or contrary to this act; and to repeal certain parts of this act on a specific date," by amending sections 625, 803l, 804, and 904 (MCL 257.625, 257.803l, 257.804, and 257.904), sections 625 and 904 as amended by 1999 PA 73, 803l as amended by 1998 PA 68, and section 804 as amended by 1995 PA 129, and by adding sections 6d, 17b, 30b, 811d, 811e, 811f, 811g, and 811h; and to repeal acts and parts of acts," by repealing enacting section 1.
The bill was read a second time.
Rep. David Law moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
House Bill No. 4938, entitled
A bill to amend 1953 PA 181, entitled "An act relative to investigations in certain instances of the causes of death within this state due to violence, negligence or other act or omission of a criminal nature or to protect public health; to provide for the taking of statements from injured persons under certain circumstances; to abolish the office of coroner and to create the office of county medical examiner in certain counties; to prescribe the powers and duties of county medical examiners; to prescribe penalties for violations of the provisions of this act; and to prescribe a referendum thereon," (MCL 52.201 to 52.216) by adding section 9.
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. Hune moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
House Bill No. 4996, entitled
A bill to amend 1978 PA 368, entitled "Public health code," by amending section 16625 (MCL 333.16625), as amended by 1991 PA 58.
The bill was read a second time.
Rep. Vander Veen moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
House Bill No. 4706, entitled
A bill to amend 1998 PA 58, entitled "Michigan liquor control code of 1998," by amending section 916 (MCL 436.1916).
Was read a second time, and the question being on the adoption of the proposed substitute (H-3) previously recommended by the Committee on Regulatory Reform,
The substitute (H-3) was adopted, a majority of the members serving voting therefor.
Rep. Kooiman moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
Senate Bill No. 306, entitled
A bill to authorize the department of management and budget to convey certain parcels of state owned property in Eaton county; to prescribe conditions for the conveyances; to provide for certain powers and duties of the department of management and budget in implementing those conveyances; to provide for disposition of revenue derived from the conveyances; 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-1) previously recommended by the Committee on Regulatory Reform,
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.
The House returned to the consideration of
House Bill No. 4403, entitled
A bill to amend 1978 PA 368, entitled "Public health code," by amending section 16215 (MCL 333.16215), as amended by 1999 PA 60.
(The bill was considered earlier today, see today's Journal, p. 1036.)
Rep. Walker moved to substitute (H-2) the bill.
The motion prevailed and the substitute (H-2) was adopted, a majority of the members serving voting therefor.
Rep. Walker moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
House Bill No. 4402, entitled
A bill to amend 1976 PA 451, entitled "The revised school code," by amending sections 1230 and 1230a (MCL 380.1230 and 380.1230a), section 1230 as amended by 1993 PA 284 and section 1230a as added by 1995 PA 83.
Was read a second time, and the question being on the adoption of the proposed substitute (H-3) previously recommended by the Committee on Education,
The substitute (H-3) was adopted, a majority of the members serving voting therefor.
Rep. Hansen 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. 4402, entitled
A bill to amend 1976 PA 451, entitled "The revised school code," by amending sections 1230 and 1230a (MCL 380.1230 and 380.1230a), section 1230 as amended by 1993 PA 284 and section 1230a as added by 1995 PA 83.
The bill was read a third time.
The question being on the passage of the bill,
Rep. Ward moved that consideration of the bill be postponed temporarily.
The motion prevailed.
Second Reading of Bills
House Bill No. 4928, entitled
A bill to amend 1976 PA 451, entitled "The revised school code," by amending sections 1535a and 1539b (MCL 380.1535a and 380.1539b), as amended by 2004 PA 51.
Was read a second time, and the question being on the adoption of the proposed substitute (H-1) previously recommended by the Committee on Education,
The substitute (H-1) was adopted, a majority of the members serving voting therefor.
Rep. Palmer 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. 4928, entitled
A bill to amend 1976 PA 451, entitled "The revised school code," by amending sections 1535a and 1539b (MCL 380.1535a and 380.1539b), as amended by 2004 PA 51.
The bill was read a third time.
The question being on the passage of the bill,
Rep. Ward moved that consideration of the bill be postponed temporarily.
The motion prevailed.
Second Reading of Bills
House Bill No. 4929, entitled
A bill to amend 1937 (Ex Sess) PA 4, entitled "An act relative to continuing tenure of office of certificated teachers in public educational institutions; to provide for probationary periods; to regulate discharges or demotions; to provide for resignations and leaves of absence; to create a state tenure commission and to prescribe the powers and duties thereof; and to prescribe penalties for violation of the provisions of this act," by amending section 1 of article IV (MCL 38.101), as amended by 1993 PA 60, and by adding section 1a to article IV.
Was read a second time, and the question being on the adoption of the proposed substitute (H-1) previously recommended by the Committee on Education,
The substitute (H-1) was adopted, a majority of the members serving voting therefor.
Rep. Palmer 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. 4929, entitled
A bill to amend 1937 (Ex Sess) PA 4, entitled "An act relative to continuing tenure of office of certificated teachers in public educational institutions; to provide for probationary periods; to regulate discharges or demotions; to provide for resignations and leaves of absence; to create a state tenure commission and to prescribe the powers and duties thereof; and to prescribe penalties for violation of the provisions of this act," by amending section 1 of article IV (MCL 38.101), as amended by 1993 PA 60, and by adding section 1a to article IV.
The bill was read a third time.
The question being on the passage of the bill,
Rep. Ward moved that consideration of the bill be postponed temporarily.
The motion prevailed.
Second Reading of Bills
House Bill No. 4930, entitled
A bill to amend 1976 PA 451, entitled "The revised school code," (MCL 380.1 to 380.1852) by adding section 1230d.
Was read a second time, and the question being on the adoption of the proposed substitute (H-1) previously recommended by the Committee on Education,
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.
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. 4930, entitled
A bill to amend 1976 PA 451, entitled "The revised school code," (MCL 380.1 to 380.1852) by adding section 1230d.
The bill was read a third time.
The question being on the passage of the bill,
Rep. Ward moved that consideration of the bill be postponed temporarily.
The motion prevailed.
Second Reading of Bills
House Bill No. 4931, entitled
A bill to amend 1927 PA 175, entitled "The code of criminal procedure," by amending section 13p of chapter XVII (MCL 777.13p), as amended by 2004 PA 418.
Was read a second time, and the question being on the adoption of the proposed substitute (H-1) previously recommended by the Committee on Education,
The substitute (H-1) was adopted, a majority of the members serving voting therefor.
Rep. Schuitmaker 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. 4931, entitled
A bill to amend 1927 PA 175, entitled "The code of criminal procedure," by amending section 13p of chapter XVII (MCL 777.13p), as amended by 2004 PA 418.
The bill was read a third time.
The question being on the passage of the bill,
Rep. Ward moved that consideration of the bill be postponed temporarily.
The motion prevailed.
Second Reading of Bills
House Bill No. 4932, entitled
A bill to amend 1994 PA 295, entitled "Sex offenders registration act," (MCL 28.721 to 28.732) by amending the title, as amended by 2004 PA 237, and by adding headings for articles I and II and by adding article III.
Was read a second time, and the question being on the adoption of the proposed substitute (H-2) previously recommended by the Committee on Education,
The substitute (H-2) was adopted, a majority of the members serving voting therefor.
Rep. Tobocman moved to amend the bill as follows:
1. Amend page 2, line 9, after "SCHOOL" by inserting "THAT IS REGULARLY OCCUPIED BY MINORS".
2. Amend page 2, line 14, after "RESIDE" by striking out the comma and "WORK, OR LOITER".
3. Amend page 2, following line 22, by inserting:
"(A) AN INDIVIDUAL REQUIRED TO BE REGISTERED UNDER ARTICLE II WHO HAS COMMITTED A LISTED OFFENSE THAT DOES NOT INVOLVE A MINOR." and relettering the remaining subdivisions.
4. Amend page 2, line 23, after "RESIDED" by striking out "OR WORKED".
5. Amend page 2, line 26, after "RESIDENCE" by striking out "OR PLACE OF EMPLOYMENT".
6. Amend page 3, line 3, after "RESIDENCE" by striking out "OR PLACE OF EMPLOYMENT".
The motion did not prevail and the amendments were not adopted, a majority of the members serving not voting therefor.
Rep. Vander Veen moved to amend the bill as follows:
1. Amend page 2, line 13, after "ARTICLE II" by inserting "BECAUSE HE OR SHE WAS CONVICTED OF A LISTED OFFENSE THAT IS A FELONY".
The motion prevailed and the amendment was adopted, a majority of the members serving voting therefor.
Rep. Pearce moved to amend the bill as follows:
1. Amend page 2, following line 11, by inserting:
"(E) "WORK" MEANS CONTINUOUS AND REGULAR EMPLOYMENT.".
The motion prevailed and the amendment was adopted, a majority of the members serving voting therefor.
Rep. Gaffney moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
Rep. 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. 4932, entitled
A bill to amend 1994 PA 295, entitled "Sex offenders registration act," (MCL 28.721 to 28.732) by amending the title, as amended by 2004 PA 237, and by adding headings for articles I and II and by adding article III.
The bill was read a third time.
The question being on the passage of the bill,
Rep. Ward moved that consideration of the bill be postponed temporarily.
The motion prevailed.
Second Reading of Bills
House Bill No. 4933, entitled
A bill to amend 1927 PA 175, entitled "The code of criminal procedure," by amending section 11b of chapter XVII (MCL 777.11b), as amended by 2004 PA 150.
Was read a second time, and the question being on the adoption of the proposed substitute (H-1) previously recommended by the Committee on Education,
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.
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. 4933, entitled
A bill to amend 1927 PA 175, entitled "The code of criminal procedure," by amending section 11b of chapter XVII (MCL 777.11b), as amended by 2004 PA 150.
The bill was read a third time.
The question being on the passage of the bill,
Rep. Ward moved that consideration of the bill be postponed temporarily.
The motion prevailed.
Second Reading of Bills
House Bill No. 4991, entitled
A bill to amend 1937 (Ex Sess) PA 4, entitled "An act relative to continuing tenure of office of certificated teachers in public educational institutions; to provide for probationary periods; to regulate discharges or demotions; to provide for resignations and leaves of absence; to create a state tenure commission and to prescribe the powers and duties thereof; and to prescribe penalties for violation of the provisions of this act," by amending section 1 of article IV (MCL 38.101), as amended by 1993 PA 60.
The bill was read a second time.
Rep. Emmons 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. 4991, entitled
A bill to amend 1937 (Ex Sess) PA 4, entitled "An act relative to continuing tenure of office of certificated teachers in public educational institutions; to provide for probationary periods; to regulate discharges or demotions; to provide for resignations and leaves of absence; to create a state tenure commission and to prescribe the powers and duties thereof; and to prescribe penalties for violation of the provisions of this act," by amending section 1 of article IV (MCL 38.101), as amended by 1993 PA 60.
The bill was read a third time.
The question being on the passage of the bill,
Rep. Ward moved that consideration of the bill be postponed temporarily.
The motion prevailed.
Second Reading of Bills
House Bill No. 4934, entitled
A bill to amend 1994 PA 295, entitled "Sex offenders registration act," by amending sections 5 and 9 (MCL 28.725 and 28.729), section 5 as amended by 2004 PA 240 and section 9 as amended by 2004 PA 237.
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. Ball 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. 4934, entitled
A bill to amend 1994 PA 295, entitled "Sex offenders registration act," by amending sections 5 and 9 (MCL 28.725 and 28.729), section 5 as amended by 2004 PA 240 and section 9 as amended by 2004 PA 237.
The bill was read a third time.
The question being on the passage of the bill,
Rep. Ward moved that consideration of the bill be postponed temporarily.
The motion prevailed.
Second Reading of Bills
House Bill No. 4935, entitled
A bill to amend 1927 PA 175, entitled "The code of criminal procedure," by amending section 11b of chapter XVII (MCL 777.11b), as amended by 2004 PA 150.
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. Rocca 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. 4935, entitled
A bill to amend 1927 PA 175, entitled "The code of criminal procedure," by amending section 11b of chapter XVII (MCL 777.11b), as amended by 2004 PA 150.
The bill was read a third time.
The question being on the passage of the bill,
Rep. Ward moved that consideration of the bill be postponed temporarily.
The motion prevailed.
Second Reading of Bills
House Bill No. 4936, entitled
A bill to amend 1973 PA 116, entitled "An act to provide for the protection of children through the licensing and regulation of child care organizations; to provide for the establishment of standards of care for child care organizations; to prescribe powers and duties of certain departments of this state and adoption facilitators; to provide penalties; and to repeal acts and parts of acts," by amending section 5 (MCL 722.115), as amended by 2004 PA 315, and by adding sections 5c, 5d, and 5e.
Was read a second time, and the question being on the adoption of the proposed substitute (H-2) previously recommended by the Committee on Judiciary,
The substitute (H-2) was adopted, a majority of the members serving voting therefor.
Rep. Baxter moved to amend the bill as follows:
1. Amend page 12, line 15, after "FINE" by striking out "PUNISHABLE BY" and inserting "OF".
The motion prevailed and the amendment was adopted, a majority of the members serving voting therefor.
Rep. Baxter moved to amend the bill as follows:
1. Amend page 10, line 26, after "CHECK." by inserting "THE DEPARTMENT MAY PASS ALONG TO THE LICENSEE OR APPLICANT THE ACTUAL COST OR FEE CHARGED BY THE DEPARTMENT OF STATE POLICE FOR PERFORMING A CRIMINAL HISTORY CHECK OR A CRIMINAL RECORDS CHECK.".
The motion prevailed and the amendment was adopted, a majority of the members serving voting therefor.
Rep. Baxter 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. 4936, entitled
A bill to amend 1973 PA 116, entitled "An act to provide for the protection of children through the licensing and regulation of child care organizations; to provide for the establishment of standards of care for child care organizations; to prescribe powers and duties of certain departments of this state and adoption facilitators; to provide penalties; and to repeal acts and parts of acts," by amending section 5 (MCL 722.115), as amended by 2004 PA 315, and by adding sections 5c, 5d, and 5e.
The bill was read a third time.
The question being on the passage of the bill,
Rep. Ward moved that consideration of the bill be postponed temporarily.
The motion prevailed.
Second Reading of Bills
House Bill No. 4937, entitled
A bill to amend 1927 PA 175, entitled "The code of criminal procedure," (MCL 760.1 to 777.69) by adding section 27a to chapter VIII.
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. Lipsey moved to amend the bill as follows:
1. Amend page 1, line 6, after "RELEVANT." by inserting "IF THE PROSECUTING ATTORNEY INTENDS TO OFFER EVIDENCE UNDER THIS SECTION, THE PROSECUTING ATTORNEY SHALL DISCLOSE THE EVIDENCE TO THE DEFENDANT AT LEAST 15 DAYS BEFORE THE SCHEDULED DATE OF TRIAL OR AT A LATER TIME AS ALLOWED BY THE COURT FOR GOOD CAUSE SHOWN, INCLUDING THE STATEMENTS OF WITNESSES OR A SUMMARY OF THE SUBSTANCE OF ANY TESTIMONY THAT IS EXPECTED TO BE OFFERED.".
The motion prevailed and the amendment was adopted, a majority of the members serving voting therefor.
Rep. David Law 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. 4937, entitled
A bill to amend 1927 PA 175, entitled "The code of criminal procedure," (MCL 760.1 to 777.69) by adding section 27a to chapter VIII.
The bill was read a third time.
The question being on the passage of the bill,
Rep. Ward moved that consideration of the bill be postponed temporarily.
The motion prevailed.
Second Reading of Bills
House Bill No. 4957, entitled
A bill to amend 1927 PA 175, entitled "The code of criminal procedure," by amending section 16t of chapter XVII (MCL 777.16t), as amended by 2004 PA 112.
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. Taub 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. 4957, entitled
A bill to amend 1927 PA 175, entitled "The code of criminal procedure," by amending section 16t of chapter XVII (MCL 777.16t), as amended by 2004 PA 112.
The bill was read a third time.
The question being on the passage of the bill,
Rep. Ward moved that consideration of the bill be postponed temporarily.
The motion prevailed.
Second Reading of Bills
House Bill No. 4958, entitled
A bill to amend 1927 PA 175, entitled "The code of criminal procedure," by amending section 15g of chapter XVII (MCL 777.15g), as added by 2002 PA 206.
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. Caul moved to amend the bill as follows:
1. Amend page 2, line 5, after "October" by striking out "1" and inserting "15".
The motion prevailed and the amendment was 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. 4958, entitled
A bill to amend 1927 PA 175, entitled "The code of criminal procedure," by amending section 15g of chapter XVII (MCL 777.15g), as added by 2002 PA 206.
The bill was read a third time.
The question being on the passage of the bill,
Rep. Ward moved that consideration of the bill be postponed temporarily.
The motion prevailed.
Second Reading of Bills
Senate Bill No. 130, entitled
A bill to require persons convicted of certain offenses to disclose those offenses before coaching youth; and to provide penalties.
Was read a second time, and the question being on the adoption of the proposed substitute (H-2) previously recommended by the Committee on Judiciary,
The substitute (H-2) was 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. 130, entitled
A bill to require persons convicted of certain offenses to disclose those offenses before coaching youth; and to provide penalties.
The bill was read a third time.
The question being on the passage of the bill,
Rep. Ward moved that consideration of the bill be postponed temporarily.
The motion prevailed.
Second Reading of Bills
House Bill No. 4315, entitled
A bill to amend 1909 PA 283, entitled "An act to revise, consolidate, and add to the laws relating to the establishment, opening, discontinuing, vacating, closing, altering, improvement, maintenance, and use of the public highways and private roads; the condemnation of property and gravel therefor; the building, repairing and preservation of bridges; maintaining public access to waterways under certain conditions; setting and protecting shade trees, drainage, and cutting weeds and brush within this state; providing for the election or appointment and defining the powers, duties, and compensation of state, county, township, and district highway officials; and to prescribe penalties and provide remedies," by amending section 6 (MCL 224.6), as amended by 1982 PA 299.
Was read a second time, and the question being on the adoption of the proposed substitute (H-2) previously recommended by the Committee on Transportation,
The substitute (H-2) was adopted, a majority of the members serving voting therefor.
Rep. Hoogendyk moved to amend the bill as follows:
1. Amend page 4, line 14, after "COUNTY" by striking out the balance of the line through "RESOLUTION" on line 15 and inserting "BOARD OF COMMISSIONERS RECEIVES A RESOLUTION FROM THE COUNTY ROAD COMMISSION REQUESTING THE INCREASE OR DECREASE. THE COUNTY BOARD OF COMMISSIONERS SHALL CONFIRM OR DENY THE RESOLUTION WITHIN 60 BUSINESS DAYS OF RECEIVING THE RESOLUTION. SHOULD THE COUNTY BOARD OF COMMISSIONERS FAIL TO ACT WITHIN 60 BUSINESS DAYS OF RECEIVING THE RESOLUTION, THE RESOLUTION SHALL NOT BE CONSIDERED AGREED TO BY THE COUNTY BOARD OF COMMISSIONERS AND IT SHALL NOT TAKE EFFECT".
The motion prevailed and the amendment was adopted, a majority of the members serving voting therefor.
Rep. Hoogendyk moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
House Bill No. 4316, entitled
A bill to amend 1966 PA 293, entitled "An act to provide for the establishment of charter counties; to provide for the election of charter commissioners; to prescribe their powers and duties; to prohibit certain acts of a county board of commissioners after the approval of the election of a charter commission; to prescribe the mandatory and permissive provisions of a charter; to provide for the exercise by a charter county of certain powers whether or not authorized by its charter; and to prescribe penalties and provide remedies," by amending section 14 (MCL 45.514), as amended by 1982 PA 300.
Was read a second time, and the question being on the adoption of the proposed substitute (H-2) previously recommended by the Committee on Transportation,
The substitute (H-2) was adopted, a majority of the members serving voting therefor.
Rep. Hoogendyk moved to amend the bill as follows:
1. Amend page 8, line 18, after "COUNTY" by striking out the balance of the line through "RESOLUTION" on line 19 and inserting "BOARD OF COMMISSIONERS RECEIVES A RESOLUTION FROM THE COUNTY ROAD COMMISSION REQUESTING THE INCREASE OR DECREASE. THE COUNTY BOARD OF COMMISSIONERS SHALL CONFIRM OR DENY THE RESOLUTION WITHIN 60 BUSINESS DAYS OF RECEIVING THE RESOLUTION. SHOULD THE COUNTY BOARD OF COMMISSIONERS FAIL TO ACT WITHIN 60 BUSINESS DAYS OF RECEIVING THE RESOLUTION, THE RESOLUTION SHALL NOT BE CONSIDERED AGREED TO AND IT SHALL NOT TAKE EFFECT".
The motion prevailed and the amendment 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. 4317, entitled
A bill to amend 1973 PA 139, entitled "An act to provide forms of county government; to provide for county managers and county executives and to prescribe their powers and duties; to abolish certain departments, boards, commissions, and authorities; to provide for transfer of certain powers and functions; to prescribe powers of a board of county commissioners and elected officials; to provide organization of administrative functions; to transfer property; to retain ordinances and laws not inconsistent with this act; to provide methods for abolition of a unified form of county government; and to prescribe penalties and provide remedies," by amending section 12 (MCL 45.562).
The bill was read a second time.
Rep. Lipsey moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
______
Rep. Sak moved that Rep. Hood 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. 4617, entitled
A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending sections 20101, 20117, and 20120a (MCL 324.20101, 324.20117, and 324.20120a), section 20101 as amended by 1996 PA 383 and section 20117 as amended and section 20120a as added by 1995 PA 71.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 271 Yeas--77
Accavitti Gaffney Mayes Sak
Acciavatti Garfield McConico Schuitmaker
Amos Gleason Meyer Shaffer
Ball Gosselin Moolenaar Sheen
Baxter Green Moore Sheltrown
Booher Hansen Mortimer Smith, Virgil
Brown Hildenbrand Murphy Spade
Casperson Hoogendyk Newell Stahl
Caswell Huizenga Nitz Stakoe
Caul Hummel Nofs Steil
Clemente Hune Palmer Stewart
Cushingberry Hunter Palsrok Taub
DeRoche Jones Pastor Vagnozzi
Dillon Kahn Pavlov Van Regenmorter
Drolet Kooiman Pearce Vander Veen
Elsenheimer LaJoy Plakas Walker
Emmons Law, David Proos Ward
Espinoza Leland Robertson Wenke
Farhat Marleau Rocca Wojno
Farrah
Nays--29
Adamini Condino Law, Kathleen Polidori
Anderson Donigan Lemmons, Jr. Smith, Alma
Angerer Gillard Lipsey Tobocman
Bennett Gonzales McDowell Waters
Bieda Hopgood Meisner Whitmer
Byrnes Kehrl Miller Williams
Byrum Kolb Phillips Zelenko
Clack
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 1994 PA 451, entitled "Natural resources and environmental protection act," by amending sections 20101, 20117, and 20120a (MCL 324.20101, 324.20117, and 324.20120a), section 20101 as amended by 1996 PA 383 and section 20117 as amended and section 20120a as added by 1995 PA 71, and by adding section 20105b.
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.
______
Reps. Tobocman, Zelenko, and Phillips, having reserved the right to explain their protest against the passage of the bill, made the following statement:
"Mr. Speaker and members of the House:
I voted no on HB 4617 because it effectively prevents state action to address contamination in residential areas by making it extremely difficult to gather necessary data and make reasonable inferences about where contamination lies. Specifically, the bill will result in: the waste of public and private sector resources used to assess, clean up, and redevelop contaminated sites; the delay of cleanup and redevelopment of contaminated sites; and a reduction in the number of properties eligible for state and local financial incentives for brownfield redevelopment. Additionally, the bill undermines the ability of prospective property purchasers to find out if a property is contaminated. Finally, it may further require the Department of Environmental Quality to approve the use of cleanup standards that would not provide for long term public health protection in some cases. The bill is bad policy that harms property owners, wastes money, and threatens public health and the environment."
Rep. Bieda, having reserved the right to explain his protest against the passage of the bill, made the following statement:
"Mr. Speaker and members of the House:
I voted 'no' on House Bill 4617 because it would effectively prevent state action to address contamination in residential areas by making it extremely difficult to collect necessary data and make reasonable inferences about where contamination lies. Specifically, House Bill 4617 will result in: the waste of public and private sector resources used to assess, clean up, and redevelop contaminated sites; the delay of cleanup and redevelopment of contaminated sites; and a reduction in the number of properties eligible for state and local financial incentives for brownfield redevelopment. In addition, House Bill 4617 undermines the ability of prospective property purchasers to find out if a property is contaminated. Lastly, the bill may further require the Department of Environmental Quality to approve the use of cleanup standards that would not provide for long term public health protection in some cases. The bill is bad policy that harms property owners, wastes money, and threatens public health protection in some cases. Thus, this bill harms property owners, wastes money, and threatens public health and the environment."
By unanimous consent the House returned to the order of
Reports of Standing Committees
The Committee on Education, by Rep. Palmer, Chair, reported
House Bill No. 4947, entitled
A bill to amend 1980 PA 300, entitled "The public school employees retirement act of 1979," by amending sections 4, 8, 25, 26, 34, and 91 (MCL 38.1304, 38.1308, 38.1325, 38.1326, 38.1334, and 38.1391), section 4 as amended by 2003 PA 17, sections 8, 25, and 26 as amended by 1997 PA 143, section 34 as amended by 2002 PA 94, and section 91 as amended by 2004 PA 117, and by adding sections 41b, 109, 110, 111, and 112 and article 7.
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, Elsenheimer, Hildenbrand, Pearce and Proos
Nays: Reps. Ball, Hopgood, Miller, Angerer, Kehrl and Clack
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Palmer, Chair, of the Committee on Education, was received and read:
Meeting held on: Wednesday, June 29, 2005
Present: Reps. Palmer, Mortimer, Gosselin, Meyer, Hoogendyk, Vander Veen, Wenke, Ball, Elsenheimer, Hildenbrand, Pearce, Proos, Hopgood, Miller, Angerer, Virgil Smith, Kehrl and Clack
Absent: Rep. Lemmons, III
Excused: Rep. Lemmons, III
The Committee on Tax Policy, by Rep. Sheen, Chair, reported
Senate Bill No. 348, entitled
A bill to amend 1893 PA 206, entitled "The general property tax act," by amending section 51 (MCL 211.51), as amended by 1992 PA 97.
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. Sheen, Meyer, Gosselin, Newell, Drolet, Palmer, Hoogendyk, Stakoe, Jones, Condino, Farrah, Zelenko, Miller and Bennett
Nays: None
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, June 29, 2005
Present: Reps. Sheen, Meyer, Gosselin, Newell, Drolet, Palmer, Hoogendyk, Stakoe, Jones, Condino, Farrah, Zelenko, Miller and Bennett
Absent: Reps. Marleau, Bieda and Meisner
Excused: Reps. Marleau, Bieda and Meisner
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, June 29:
House Bill Nos. 5006 5007
Senate Bill Nos. 647 648 649
The Clerk announced that the following Senate bills had been received on Wednesday, June 29:
Senate Bill Nos. 373 503 553 578 620
By unanimous consent the House returned to the order of
Messages from the Senate
House Bill No. 4322, entitled
A bill to amend 1978 PA 368, entitled "Public health code," (MCL 333.1101 to 333.25211) by adding section 17766f.
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. 4434, entitled
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," (MCL 333.1101 to 333.25211) by adding section 17753.
The Senate has concurred in the House substitute (H-3) to the Senate substitute (S-1) and agreed to the title as amended.
The bill was referred to the Clerk for enrollment printing and presentation to the Governor.
House Bill No. 4714, entitled
A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," (MCL 324.101 to 324.90106) by adding section 41321; and to repeal acts and parts of acts.
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. 4715, entitled
A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," (MCL 324.101 to 324.90106) by adding section 41323; and to repeal acts and parts of acts.
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. 4716, entitled
A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending section 41309 (MCL 324.41309), as added by 2003 PA 270.
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. 4821, entitled
A bill to amend 1967 PA 270, entitled "An act to provide for the release of certain information or data relating to health care research or education, health care entities, practitioners, or professions, or certain governmentally funded programs; to limit the liability with respect to the release of certain information or data; and to safeguard the confidential character of certain information or data," by amending section 1 (MCL 331.531), as amended by 2002 PA 600.
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. 4465, entitled
A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," (MCL 324.101 to 324.90106) by adding section 40111b.
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 amended the title to read as follows:
A bill to amend 1931 PA 328, entitled "An act to protect the environment and natural resources of the state; to codify, revise, consolidate, and classify laws relating to the environment and natural resources of the state; to regulate the discharge of certain substances into the environment; to regulate the use of certain lands, waters, and other natural resources of the state; to prescribe the powers and duties of certain state and local agencies and officials; to provide for certain charges, fees, and assessments; to provide certain appropriations; to prescribe penalties and provide remedies; to repeal certain parts of this act on a specific date; and to repeal certain acts and parts of acts," (MCL 750.1 to 750.568) by adding section 236a.
The Speaker announced that pursuant to Rule 45, the bill was laid over one day.
House Bill No. 4541, entitled
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 Senate has amended the bill as follows:
1. Amend page 4, line 10, after "subsection" by striking out "(2)" and inserting "(3)".
The Senate has passed the bill as amended, ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title.
The Speaker announced that pursuant to Rule 45, the bill was laid over one day.
House Bill No. 4887, entitled
A bill to amend 1979 PA 94, entitled "The state school aid act of 1979," by amending sections 4, 6, 11, 11a, 11f, 11g, 11j, 18, 19, 20, 20j, 22a, 22b, 22d, 24, 25, 26a, 31a, 31d, 32d, 32j, 39, 39a, 41, 41a, 51a, 51c, 51d, 53a, 54, 56, 57, 61a, 62, 74, 81, 94a, 98, 98b, 107, 147, 158b, and 164c (MCL 388.1604, 388.1606, 388.1611, 388.1611a, 388.1611f, 388.1611g, 388.1611j, 388.1618, 388.1619, 388.1620, 388.1620j, 388.1622a, 388.1622b, 388.1622d, 388.1624, 388.1625, 388.1626a, 388.1631a, 388.1631d, 388.1632d, 388.1632j, 388.1639, 388.1639a, 388.1641, 388.1641a, 388.1651a, 388.1651c, 388.1651d, 388.1653a, 388.1654, 388.1656, 388.1657, 388.1661a, 388.1662, 388.1674, 388.1681, 388.1694a, 388.1698, 388.1698b, 388.1707, 388.1747, 388.1758b, and 388.1764c), sections 4, 6, 11f, 11g, 11j, 19, 20, 20j, 22a, 22b, 24, 26a, 31d, 32d, 32j, 39, 39a, 41, 41a, 51c, 51d, 53a, 54, 56, 57, 61a, 62, 74, 81, 94a, 98, 107, 147, and 158b as amended and section 22d as added by 2004 PA 351, sections 11 and 51a as amended by 2004 PA 518, section 11a as added by 2003 PA 158, section 18 as amended by 2004 PA 414, section 25 as amended by 2000 PA 297, sections 31a and 98b as amended by 2004 PA 593, and section 164c as added by 1995 PA 130, and by adding sections 26b, 32l, 33, 54a, 91, 99a, and 99b; and to repeal acts and parts of acts.
The Senate has substituted (S-2) the bill.
The Senate has passed the bill as substituted (S-2) and amended the title to read as follows:
A bill to amend 1979 PA 94, entitled "An act to make appropriations to aid in the support of the public schools and the intermediate school districts of the state; to make appropriations for certain other purposes relating to education; to provide for the disbursement of the appropriations; to supplement the school aid fund by the levy and collection of certain taxes; to authorize the issuance of certain bonds and provide for the security of those bonds; to prescribe the powers and duties of certain state departments, the state board of education, and certain other boards and officials; to create certain funds and provide for their expenditure; to prescribe penalties; and to repeal acts and parts of acts," by amending sections 11 and 17b (MCL 388.1611 and 388.1617b), section 11 as amended by 2004 PA 518 and section 17b as amended by 2000 PA 297.
The Speaker announced that pursuant to Rule 45, the bill was laid over one day.
Senate Bill No. 373, entitled
A bill to amend 1931 PA 328, entitled "The Michigan penal code," (MCL 750.1 to 750.568) by adding section 236a.
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. 503, entitled
A bill to amend 1967 PA 281, entitled "Income tax act of 1967," by amending section 440 (MCL 206.440), as amended by 1996 PA 484.
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. 553, entitled
A bill to amend 1936 (Ex Sess) PA 1, entitled "Michigan employment security act," by amending section 11 (MCL 421.11), as amended by 1995 PA 25.
The Senate has passed the bill.
The bill was read a first time by its title and referred to the Committee on Employment Relations, Training, and Safety.
Senate Bill No. 578, entitled
A bill to amend 1893 PA 206, entitled "The general property tax act," by amending section 7u (MCL 211.7u), as amended by 2003 PA 140.
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. 620, entitled
A bill to amend 1931 PA 328, entitled "The Michigan penal code," (MCL 750.1 to 750.568) by adding section 236b.
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.
Introduction of Bills
Rep. Waters introduced
House Bill No. 5008, entitled
A bill to amend 1972 PA 239, entitled "McCauley-Traxler-Law-Bowman-McNeely lottery act," by amending the title and sections 3, 11, 12, 15, 17, 19, and 23 (MCL 432.3, 432.11, 432.12, 432.15, 432.17, 432.19, and 432.23), the title as amended by 1996 PA 95, section 3 as amended by 1996 PA 167, section 11 as amended by 2004 PA 383, section 12 as amended by 2002 PA 471, and section 23 as amended by 2004 PA 272, and by adding a heading for article 1 and adding article 2.
The bill was read a first time by its title and referred to the Committee on Government Operations.
Reps. Lemmons, Jr., Lemmons, III and Sheltrown introduced
House Bill No. 5009, entitled
A bill to prohibit the sale of cellular telephones and pagers to certain minors without written parental consent; and to prescribe civil sanctions.
The bill was read a first time by its title and referred to the Committee on Commerce.
Reps. Lemmons, III and Lemmons, Jr. introduced
House Bill No. 5010, entitled
A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending sections20105a and 20120b (MCL 324.20105a and 324.20120b), as added by 1995 PA 71.
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, III and Lemmons, Jr. introduced
House Bill No. 5011, entitled
A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending section 20114 (MCL 324.20114), as amended by 1995 PA 71.
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, III and Lemmons, Jr. introduced
House Bill No. 5012, entitled
A bill to amend 1972 PA 284, entitled "Business corporation act," (MCL 450.1101 to 450.2098) by adding section 755.
The bill was read a first time by its title and referred to the Committee on Commerce.
Reps. Lemmons, III and Lemmons, Jr. introduced
House Bill No. 5013, entitled
A bill to amend 1931 PA 328, entitled "The Michigan penal code," (MCL 750.1 to 750.568) by amending the title, as amended by 1991 PA 56, and by adding section 304a.
The bill was read a first time by its title and referred to the Committee on Government Operations.
Reps. Green, Vagnozzi, Polidori, Ball, Gosselin, David Law, Stakoe, Wenke, Marleau, Hansen, Shaffer, Jones, Moolenaar, Adamini, Mortimer, Gaffney, Wojno, McDowell, Taub, Ward, Vander Veen, Moore, Hildenbrand, Booher, Robertson, Byrnes, Murphy and Nofs introduced
House Bill No. 5014, entitled
A bill to amend 1978 PA 368, entitled "Public health code," by amending section 5927 (MCL 333.5927), as added by 1987 PA 258.
The bill was read a first time by its title and referred to the Committee on Health Policy.
Reps. Kahn, Polidori, Ball, Gosselin, David Law, Stakoe, Wenke, Marleau, Green, Shaffer, Jones, Moolenaar, Adamini, Mortimer, Gaffney, Wojno, McDowell, Taub, Ward, Vander Veen, Moore, Hildenbrand, Booher, Robertson, Byrnes, Murphy and Nofs introduced
House Bill No. 5015, entitled
A bill to amend 1978 PA 368, entitled "Public health code," by amending sections 5901, 5909, 5913, 5915, 5919, and 5923 (MCL 333.5901, 333.5909, 333.5913, 333.5915, 333.5919, and 333.5923), as added by 1987 PA 258, and by adding section 5922.
The bill was read a first time by its title and referred to the Committee on Health Policy.
______
Rep. Lemmons, III entered the House Chambers.
By unanimous consent the House returned to the order of
Third Reading of Bills
The House returned to the consideration of
House Bill No.4402, entitled
A bill to amend 1976 PA 451, entitled "The revised school code," by amending sections 1230 and 1230a (MCL 380.1230 and 380.1230a), section 1230 as amended by 1993 PA 284 and section 1230a as added by 1995 PA 83.
(The bill was considered earlier today, see today's Journal p. 1038.)
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.272 Yeas--107
Accavitti Farhat Lemmons, III Rocca
Acciavatti Farrah Lemmons, Jr. Sak
Adamini Gaffney Lipsey Schuitmaker
Amos Garfield Marleau Shaffer
Anderson Gillard Mayes Sheen
Angerer Gleason McConico Sheltrown
Ball Gonzales McDowell Smith, Alma
Baxter Gosselin Meisner Smith, Virgil
Bennett Green Meyer Spade
Bieda Hansen Miller Stahl
Booher Hildenbrand Moolenaar Stakoe
Brown Hood Moore Steil
Byrnes Hoogendyk Mortimer Stewart
Byrum Hopgood Murphy Taub
Casperson Huizenga Newell Tobocman
Caswell Hummel Nitz Vagnozzi
Caul Hune Nofs VanRegenmorter
Clack Hunter Palmer Vander Veen
Clemente Jones Palsrok Walker
Condino Kahn Pastor Ward
Cushingberry Kehrl Pavlov Waters
Dillon Kolb Pearce Wenke
Donigan Kooiman Phillips Whitmer
Drolet LaJoy Plakas Williams
Elsenheimer Law, David Polidori Wojno
Emmons Law, Kathleen Proos Zelenko
Espinoza Leland Robertson
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 1976 PA 451, entitled "The revised school code," by amending sections 1230 and 1230a (MCL 380.1230 and 380.1230a), section 1230 as amended by 1993 PA 284 and section 1230a as added by 1995 PA 83, and by adding section 1230c.
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 Rep. DeRoche be excused temporarily from today's session.
The motion prevailed.
The House returned to the consideration of
House Bill No.4928, entitled
A bill to amend 1976 PA 451, entitled "The revised school code," by amending sections 1535a and 1539b (MCL 380.1535a and 380.1539b), as amended by 2004 PA 51.
(The bill was considered earlier today, see today's Journal p. 1039.)
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.273 Yeas--107
Accavitti Farhat Lemmons, III Rocca
Acciavatti Farrah Lemmons, Jr. Sak
Adamini Gaffney Lipsey Schuitmaker
Amos Garfield Marleau Shaffer
Anderson Gillard Mayes Sheen
Angerer Gleason McConico Sheltrown
Ball Gonzales McDowell Smith, Alma
Baxter Gosselin Meisner Smith, Virgil
Bennett Green Meyer Spade
Bieda Hansen Miller Stahl
Booher Hildenbrand Moolenaar Stakoe
Brown Hood Moore Steil
Byrnes Hoogendyk Mortimer Stewart
Byrum Hopgood Murphy Taub
Casperson Huizenga Newell Tobocman
Caswell Hummel Nitz Vagnozzi
Caul Hune Nofs VanRegenmorter
Clack Hunter Palmer Vander Veen
Clemente Jones Palsrok Walker
Condino Kahn Pastor Ward
Cushingberry Kehrl Pavlov Waters
Dillon Kolb Pearce Wenke
Donigan Kooiman Phillips Whitmer
Drolet LaJoy Plakas Williams
Elsenheimer Law, David Polidori Wojno
Emmons Law, Kathleen Proos Zelenko
Espinoza Leland Robertson
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.
The House returned to the consideration of
House Bill No.4929, entitled
A bill to amend 1937 (Ex Sess) PA 4, entitled "An act relative to continuing tenure of office of certificated teachers in public educational institutions; to provide for probationary periods; to regulate discharges or demotions; to provide for resignations and leaves of absence; to create a state tenure commission and to prescribe the powers and duties thereof; and to prescribe penalties for violation of the provisions of this act," by amending section 1 of article IV (MCL 38.101), as amended by 1993 PA 60, and by adding section 1a to article IV.
(The bill was considered earlier today, see today's Journal p. 1039.)
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.274 Yeas--107
Accavitti Farhat Lemmons, III Rocca
Acciavatti Farrah Lemmons, Jr. Sak
Adamini Gaffney Lipsey Schuitmaker
Amos Garfield Marleau Shaffer
Anderson Gillard Mayes Sheen
Angerer Gleason McConico Sheltrown
Ball Gonzales McDowell Smith, Alma
Baxter Gosselin Meisner Smith, Virgil
Bennett Green Meyer Spade
Bieda Hansen Miller Stahl
Booher Hildenbrand Moolenaar Stakoe
Brown Hood Moore Steil
Byrnes Hoogendyk Mortimer Stewart
Byrum Hopgood Murphy Taub
Casperson Huizenga Newell Tobocman
Caswell Hummel Nitz Vagnozzi
Caul Hune Nofs VanRegenmorter
Clack Hunter Palmer Vander Veen
Clemente Jones Palsrok Walker
Condino Kahn Pastor Ward
Cushingberry Kehrl Pavlov Waters
Dillon Kolb Pearce Wenke
Donigan Kooiman Phillips Whitmer
Drolet LaJoy Plakas Williams
Elsenheimer Law, David Polidori Wojno
Emmons Law, Kathleen Proos Zelenko
Espinoza Leland Robertson
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.4838, entitled
A bill to amend 1984 PA 431, entitled "The management and budget act," (MCL 18.1101 to 18.1594) by adding section 1299.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No.275 Yeas--107
Accavitti Farhat Lemmons, III Rocca
Acciavatti Farrah Lemmons, Jr. Sak
Adamini Gaffney Lipsey Schuitmaker
Amos Garfield Marleau Shaffer
Anderson Gillard Mayes Sheen
Angerer Gleason McConico Sheltrown
Ball Gonzales McDowell Smith, Alma
Baxter Gosselin Meisner Smith, Virgil
Bennett Green Meyer Spade
Bieda Hansen Miller Stahl
Booher Hildenbrand Moolenaar Stakoe
Brown Hood Moore Steil
Byrnes Hoogendyk Mortimer Stewart
Byrum Hopgood Murphy Taub
Casperson Huizenga Newell Tobocman
Caswell Hummel Nitz Vagnozzi
Caul Hune Nofs VanRegenmorter
Clack Hunter Palmer Vander Veen
Clemente Jones Palsrok Walker
Condino Kahn Pastor Ward
Cushingberry Kehrl Pavlov Waters
Dillon Kolb Pearce Wenke
Donigan Kooiman Phillips Whitmer
Drolet LaJoy Plakas Williams
Elsenheimer Law, David Polidori Wojno
Emmons Law, Kathleen Proos Zelenko
Espinoza Leland Robertson
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.
Second Reading of Bills
Senate Bill No.482, entitled
A bill to amend 1996 PA 381, entitled "Brownfield redevelopment financing act," by amending section 13 (MCL 125.2663), as amended by 2003 PA 259.
Was read a second time, and the question being on the adoption of the proposed substitute (H-1) previously recommended by the Committee on Commerce,
The substitute (H-1) was adopted, a majority of the members serving voting therefor.
Rep. Huizenga moved to amend the bill as follows:
1. Amend page 34, line 19, after "authority" by inserting "OR FOR THE PAYMENT OF INTEREST UNDER SECTION 13".
The motion prevailed and the amendment 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.482, entitled
A bill to amend 1996 PA 381, entitled "Brownfield redevelopment financing act," by amending section 13 (MCL 125.2663), as amended by 2003 PA 259.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No.276 Yeas--107
Accavitti Farhat Lemmons, III Rocca
Acciavatti Farrah Lemmons, Jr. Sak
Adamini Gaffney Lipsey Schuitmaker
Amos Garfield Marleau Shaffer
Anderson Gillard Mayes Sheen
Angerer Gleason McConico Sheltrown
Ball Gonzales McDowell Smith, Alma
Baxter Gosselin Meisner Smith, Virgil
Bennett Green Meyer Spade
Bieda Hansen Miller Stahl
Booher Hildenbrand Moolenaar Stakoe
Brown Hood Moore Steil
Byrnes Hoogendyk Mortimer Stewart
Byrum Hopgood Murphy Taub
Casperson Huizenga Newell Tobocman
Caswell Hummel Nitz Vagnozzi
Caul Hune Nofs VanRegenmorter
Clack Hunter Palmer Vander Veen
Clemente Jones Palsrok Walker
Condino Kahn Pastor Ward
Cushingberry Kehrl Pavlov Waters
Dillon Kolb Pearce Wenke
Donigan Kooiman Phillips Whitmer
Drolet LaJoy Plakas Williams
Elsenheimer Law, David Polidori Wojno
Emmons Law, Kathleen Proos Zelenko
Espinoza Leland Robertson
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 1996 PA 381, entitled "An act to authorize municipalities to create a brownfield redevelopment authority to facilitate the implementation of brownfield plans; to create brownfield redevelopment zones; to promote the revitalization, redevelopment, and reuse of certain property, including, but not limited to, tax reverted, blighted, or functionally obsolete property; to prescribe the powers and duties of brownfield redevelopment authorities; to permit the issuance of bonds and other evidences of indebtedness by an authority; to authorize the acquisition and disposal of certain property; to authorize certain funds; to prescribe certain powers and duties of certain state officers and agencies; and to authorize and permit the use of certain tax increment financing," by amending sections 2, 4, 13, and 15 (MCL 125.2652, 125.2654, 125.2663, and 125.2665), section 2 as amended by 2003 PA 277, section 4 as amended by 2000 PA 145, section 13 as amended by 2003 PA 259, and section 15 as amended by 2003 PA 283.
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. Sak moved that Rep. Byrum be excused temporarily from today's session.
The motion prevailed.
Senate Bill No.211, entitled
A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending section 41301 (MCL 324.41301), as added by 2003 PA 270.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No.277 Yeas--104
Accavitti Farrah Lemmons, Jr. Rocca
Acciavatti Gaffney Lipsey Sak
Adamini Garfield Marleau Schuitmaker
Amos Gillard Mayes Shaffer
Anderson Gleason McConico Sheen
Angerer Gonzales McDowell Sheltrown
Ball Gosselin Meisner Smith, Alma
Baxter Green Meyer Smith, Virgil
Bennett Hansen Miller Spade
Bieda Hildenbrand Moolenaar Stahl
Booher Hood Moore Stakoe
Brown Hoogendyk Mortimer Steil
Byrnes Hopgood Murphy Stewart
Casperson Huizenga Newell Taub
Caswell Hummel Nitz Tobocman
Caul Hunter Nofs Vagnozzi
Clack Jones Palmer VanRegenmorter
Clemente Kahn Palsrok Vander Veen
Condino Kehrl Pastor Walker
Cushingberry Kolb Pavlov Ward
Dillon Kooiman Pearce Waters
Donigan LaJoy Phillips Wenke
Elsenheimer Law, David Plakas Whitmer
Emmons Law, Kathleen Polidori Williams
Espinoza Leland Proos Wojno
Farhat Lemmons, III Robertson Zelenko
Nays--2
Drolet Hune
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 protect the environment and natural resources of the state; to codify, revise, consolidate, and classify laws relating to the environment and natural resources of the state; to regulate the discharge of certain substances into the environment; to regulate the use of certain lands, waters, and other natural resources of the state; to prescribe the powers and duties of certain state and local agencies and officials; to provide for certain charges, fees, and assessments; to provide certain appropriations; to prescribe penalties and provide remedies; to repeal certain parts of this act on a specific date; and to repeal certain acts and parts of acts,"
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.
Senate Bill No.212, entitled
A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending section 41303 (MCL 324.41303), as added by 2003 PA 270.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No.278 Yeas--105
Accavitti Farrah Lemmons, Jr. Rocca
Acciavatti Gaffney Lipsey Sak
Adamini Garfield Marleau Schuitmaker
Amos Gillard Mayes Shaffer
Anderson Gleason McConico Sheen
Angerer Gonzales McDowell Sheltrown
Ball Gosselin Meisner Smith, Alma
Baxter Green Meyer Smith, Virgil
Bennett Hansen Miller Spade
Bieda Hildenbrand Moolenaar Stahl
Booher Hood Moore Stakoe
Brown Hoogendyk Mortimer Steil
Byrnes Hopgood Murphy Stewart
Byrum Huizenga Newell Taub
Casperson Hummel Nitz Tobocman
Caswell Hunter Nofs Vagnozzi
Caul Jones Palmer VanRegenmorter
Clack Kahn Palsrok Vander Veen
Clemente Kehrl Pastor Walker
Condino Kolb Pavlov Ward
Cushingberry Kooiman Pearce Waters
Dillon LaJoy Phillips Wenke
Donigan Law, David Plakas Whitmer
Elsenheimer Law, Kathleen Polidori Williams
Emmons Leland Proos Wojno
Espinoza Lemmons, III Robertson Zelenko
Farhat
Nays--2
Drolet Hune
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 protect the environment and natural resources of the state; to codify, revise, consolidate, and classify laws relating to the environment and natural resources of the state; to regulate the discharge of certain substances into the environment; to regulate the use of certain lands, waters, and other natural resources of the state; to prescribe the powers and duties of certain state and local agencies and officials; to provide for certain charges, fees, and assessments; to provide certain appropriations; to prescribe penalties and provide remedies; to repeal certain parts of this act on a specific date; and to repeal certain acts and parts of acts,"
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.
Senate Bill No.213, entitled
A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending section 41305 (MCL 324.41305), as added by 2003 PA 270, and by adding section 41306.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No.279 Yeas--105
Accavitti Farrah Lemmons, Jr. Rocca
Acciavatti Gaffney Lipsey Sak
Adamini Garfield Marleau Schuitmaker
Amos Gillard Mayes Shaffer
Anderson Gleason McConico Sheen
Angerer Gonzales McDowell Sheltrown
Ball Gosselin Meisner Smith, Alma
Baxter Green Meyer Smith, Virgil
Bennett Hansen Miller Spade
Bieda Hildenbrand Moolenaar Stahl
Booher Hood Moore Stakoe
Brown Hoogendyk Mortimer Steil
Byrnes Hopgood Murphy Stewart
Byrum Huizenga Newell Taub
Casperson Hummel Nitz Tobocman
Caswell Hunter Nofs Vagnozzi
Caul Jones Palmer VanRegenmorter
Clack Kahn Palsrok Vander Veen
Clemente Kehrl Pastor Walker
Condino Kolb Pavlov Ward
Cushingberry Kooiman Pearce Waters
Dillon LaJoy Phillips Wenke
Donigan Law, David Plakas Whitmer
Elsenheimer Law, Kathleen Polidori Williams
Emmons Leland Proos Wojno
Espinoza Lemmons, III Robertson Zelenko
Farhat
Nays--2
Drolet Hune
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 protect the environment and natural resources of the state; to codify, revise, consolidate, and classify laws relating to the environment and natural resources of the state; to regulate the discharge of certain substances into the environment; to regulate the use of certain lands, waters, and other natural resources of the state; to prescribe the powers and duties of certain state and local agencies and officials; to provide for certain charges, fees, and assessments; to provide certain appropriations; to prescribe penalties and provide remedies; to repeal certain parts of this act on a specific date; and to repeal certain acts and parts of acts,"
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.
______
Rep. Sak moved that Rep. Condino be excused temporarily from today's session.
The motion prevailed.
Senate Bill No.215, entitled
A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," (MCL 324.101 to 324.90106) by adding sections 41311 and 41313.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No.280 Yeas--106
Accavitti Farrah Lemmons, Jr. Rocca
Acciavatti Gaffney Lipsey Sak
Adamini Garfield Marleau Schuitmaker
Amos Gillard Mayes Shaffer
Anderson Gleason McConico Sheen
Angerer Gonzales McDowell Sheltrown
Ball Gosselin Meisner Smith, Alma
Baxter Green Meyer Smith, Virgil
Bennett Hansen Miller Spade
Bieda Hildenbrand Moolenaar Stahl
Booher Hood Moore Stakoe
Brown Hoogendyk Mortimer Steil
Byrnes Hopgood Murphy Stewart
Byrum Huizenga Newell Taub
Casperson Hummel Nitz Tobocman
Caswell Hune Nofs Vagnozzi
Caul Hunter Palmer VanRegenmorter
Clack Jones Palsrok Vander Veen
Clemente Kahn Pastor Walker
Cushingberry Kehrl Pavlov Ward
Dillon Kolb Pearce Waters
Donigan Kooiman Phillips Wenke
Drolet LaJoy Plakas Whitmer
Elsenheimer Law, David Polidori Williams
Emmons Law, Kathleen Proos Wojno
Espinoza Leland Robertson Zelenko
Farhat Lemmons, III
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 protect the environment and natural resources of the state; to codify, revise, consolidate, and classify laws relating to the environment and natural resources of the state; to regulate the discharge of certain substances into the environment; to regulate the use of certain lands, waters, and other natural resources of the state; to prescribe the powers and duties of certain state and local agencies and officials; to provide for certain charges, fees, and assessments; to provide certain appropriations; to prescribe penalties and provide remedies; to repeal certain parts of this act on a specific date; and to repeal certain acts and parts of acts,"
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.
Senate Bill No.507, entitled
A bill to amend 1927 PA 175, entitled "The code of criminal procedure," by amending section 13e of chapter XVII (MCL 777.13e), as amended by 2003 PA 269.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No.281 Yeas--97
Accavitti Farrah Marleau Schuitmaker
Acciavatti Gaffney Mayes Shaffer
Adamini Gillard McConico Sheen
Amos Gleason McDowell Sheltrown
Anderson Gonzales Meisner Smith, Alma
Angerer Green Meyer Smith, Virgil
Ball Hansen Miller Spade
Baxter Hildenbrand Moolenaar Stahl
Bennett Hood Moore Stakoe
Bieda Hopgood Mortimer Steil
Booher Huizenga Murphy Stewart
Brown Hunter Newell Taub
Byrnes Jones Nitz Tobocman
Byrum Kahn Nofs Vagnozzi
Casperson Kehrl Palsrok VanRegenmorter
Caul Kolb Pavlov Vander Veen
Clack Kooiman Pearce Walker
Clemente LaJoy Phillips Ward
Cushingberry 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
Nays--9
Caswell Gosselin Hummel Palmer
Drolet Hoogendyk Hune Pastor
Garfield
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, consolidate, and codify the laws relating to criminal procedure and to define the jurisdiction, powers, and duties of courts, judges, and other officers of the court under the provisions of this act; to provide laws relative to the rights of persons accused of criminal offenses and ordinance violations; to provide for the arrest of persons charged with or suspected of criminal offenses and ordinance violations; to provide for bail of persons arrested for or accused of criminal offenses and ordinance violations; to provide for the examination of persons accused of criminal offenses; to regulate the procedure relative to grand juries, indictments, informations, and proceedings before trial; to provide for trials of persons complained of or indicted for criminal offenses and ordinance violations and to provide for the procedure in those trials; to provide for judgments and sentences of persons convicted of criminal offenses and ordinance violations; to establish a sentencing commission and to prescribe its powers and duties; to provide for procedure relating to new trials and appeals in criminal and ordinance violation cases; to provide a uniform system of probation throughout this state and the appointment of probation officers; to prescribe the powers, duties, and compensation of probation officers; to provide penalties for the violation of the duties of probation officers; to provide for procedure governing proceedings to prevent crime and proceedings for the discovery of crime; to provide for fees of officers, witnesses, and others in criminal and ordinance violation cases; to set forth miscellaneous provisions as to criminal procedure in certain cases; to provide penalties for the violation of certain provisions of this act; and to repeal all acts and parts of acts inconsistent with or contravening any of the provisions of this act,"
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.
Rep. Ward moved that House Bill No.4963 be placed on its immediate passage.
The motion prevailed, a majority of the members serving voting therefor.
House Bill No.4963, entitled
A bill to amend 2000 PA 77, entitled "An act to amend 1949 PA 300, entitled "An act to provide for the registration, titling, sale, transfer, and regulation of certain vehicles operated upon the public highways of this state or any other place open to the general public or generally accessible to motor vehicles and distressed vehicles; to provide for the licensing of dealers; to provide for the examination, licensing, and control of operators and chauffeurs; to provide for the giving of proof of financial responsibility and security by owners and operators of vehicles; to provide for the imposition, levy, and collection of specific taxes on vehicles, and the levy and collection of sales and use taxes, license fees, and permit fees; to provide for the regulation and use of streets and highways; to create certain funds; to provide penalties and sanctions for a violation of this act; to provide for civil liability of owners and operators of vehicles and service of process on residents and nonresidents; to provide for the levy of certain assessments; to provide for the enforcement of this act; to provide for the creation of and to prescribe the powers and duties of certain state and local agencies; to repeal all other acts or parts of acts inconsistent with this act or contrary to this act; and to repeal certain parts of this act on a specific date," by amending sections 625, 803l, 804, and 904 (MCL 257.625, 257.803l, 257.804, and 257.904), sections 625 and 904 as amended by 1999 PA 73, 803l as amended by 1998 PA 68, and section 804 as amended by 1995 PA 129, and by adding sections 6d, 17b, 30b, 811d, 811e, 811f, 811g, and 811h; and to repeal acts and parts of acts," by repealing enacting section 1.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No.282 Yeas--105
Accavitti Gaffney Lemmons, Jr. Rocca
Acciavatti Garfield Lipsey Sak
Adamini Gillard Marleau Schuitmaker
Amos Gleason Mayes Shaffer
Anderson Gonzales McConico Sheen
Angerer Gosselin McDowell Sheltrown
Ball Green Meisner Smith, Alma
Baxter Hansen Meyer Smith, Virgil
Bennett Hildenbrand Miller Spade
Bieda Hood Moolenaar Stahl
Booher Hoogendyk Moore Stakoe
Brown Hopgood Mortimer Steil
Byrnes Huizenga Murphy Stewart
Byrum Hummel Newell Taub
Casperson Hune Nitz Tobocman
Caswell Hunter Nofs Vagnozzi
Caul Jones Palmer VanRegenmorter
Clack Kahn Palsrok Vander Veen
Clemente Kehrl Pastor Walker
Cushingberry Kolb Pavlov Ward
Dillon Kooiman Pearce Waters
Donigan LaJoy Phillips Wenke
Elsenheimer Law, David Plakas Whitmer
Emmons Law, Kathleen Polidori Williams
Espinoza Leland Proos Wojno
Farhat Lemmons, III Robertson Zelenko
Farrah
Nays--1
Drolet
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.
______
Rep. Sak moved that Rep. Byrum be excused temporarily from today's session.
The motion prevailed.
By unanimous consent the House returned to the order of
Messages from the Senate
The Speaker laid before the House
House Bill No.4405, entitled
A bill to amend 1978 PA 368, entitled "Public health code," by amending sections 17708, 17751, and 17763 (MCL 333.17708, 333.17751, and 333.17763), sections 17708 and 17751 as amended by 1997 PA 153 and section 17763 as amended by 2004 PA 536.
(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. 630.)
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.283 Yeas--105
Accavitti Gaffney Lemmons, Jr. Rocca
Acciavatti Garfield Lipsey Sak
Adamini Gillard Marleau Schuitmaker
Amos Gleason Mayes Shaffer
Anderson Gonzales McConico Sheen
Angerer Gosselin McDowell Sheltrown
Ball Green Meisner Smith, Alma
Baxter Hansen Meyer Smith, Virgil
Bennett Hildenbrand Miller Spade
Bieda Hood Moolenaar Stahl
Booher Hoogendyk Moore Stakoe
Brown Hopgood Mortimer Steil
Byrnes Huizenga Murphy Stewart
Casperson Hummel Newell Taub
Caswell Hune Nitz Tobocman
Caul Hunter Nofs Vagnozzi
Clack Jones Palmer VanRegenmorter
Clemente Kahn Palsrok Vander Veen
Cushingberry Kehrl Pastor Walker
Dillon Kolb Pavlov Ward
Donigan Kooiman Pearce Waters
Drolet LaJoy Phillips Wenke
Elsenheimer Law, David Plakas Whitmer
Emmons Law, Kathleen Polidori Williams
Espinoza Leland Proos Wojno
Farhat Lemmons, III Robertson Zelenko
Farrah
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.4607, entitled
A bill to amend 1949 PA 300, entitled "Michigan vehicle code," by amending section 627a (MCL 257.627a), as amended by 2000 PA 110.
(The bill was received from the Senate on June 28, with substitute (S-1), full title inserted and immediate effect given by the Senate, consideration of which, under the rules, was postponed until today, see House Journal No.60, p. 985.)
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.284 Yeas--106
Accavitti Farrah Lemmons, Jr. Rocca
Acciavatti Gaffney Lipsey Sak
Adamini Garfield Marleau Schuitmaker
Amos Gillard Mayes Shaffer
Anderson Gleason McConico Sheen
Angerer Gonzales McDowell Sheltrown
Ball Gosselin Meisner Smith, Alma
Baxter Green Meyer Smith, Virgil
Bennett Hansen Miller Spade
Bieda Hildenbrand Moolenaar Stahl
Booher Hood Moore Stakoe
Brown Hoogendyk Mortimer Steil
Byrnes Hopgood Murphy Stewart
Byrum Huizenga Newell Taub
Casperson Hummel Nitz Tobocman
Caswell Hune Nofs Vagnozzi
Caul Hunter Palmer VanRegenmorter
Clack Jones Palsrok Vander Veen
Clemente Kahn Pastor Walker
Cushingberry Kehrl Pavlov Ward
Dillon Kolb Pearce Waters
Donigan Kooiman Phillips Wenke
Drolet LaJoy Plakas Whitmer
Elsenheimer Law, David Polidori Williams
Emmons Law, Kathleen Proos Wojno
Espinoza Leland Robertson Zelenko
Farhat Lemmons, III
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.
Third Reading of Bills
House Bill No.4037, entitled
A bill to amend 1978 PA 368, entitled "Public health code," (MCL 333.1101 to 333.25211) by adding section 9171.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No.285 Yeas--107
Accavitti Farhat Lemmons, III Rocca
Acciavatti Farrah Lemmons, Jr. Sak
Adamini Gaffney Lipsey Schuitmaker
Amos Garfield Marleau Shaffer
Anderson Gillard Mayes Sheen
Angerer Gleason McConico Sheltrown
Ball Gonzales McDowell Smith, Alma
Baxter Gosselin Meisner Smith, Virgil
Bennett Green Meyer Spade
Bieda Hansen Miller Stahl
Booher Hildenbrand Moolenaar Stakoe
Brown Hood Moore Steil
Byrnes Hoogendyk Mortimer Stewart
Byrum Hopgood Murphy Taub
Casperson Huizenga Newell Tobocman
Caswell Hummel Nitz Vagnozzi
Caul Hune Nofs VanRegenmorter
Clack Hunter Palmer Vander Veen
Clemente Jones Palsrok Walker
Condino Kahn Pastor Ward
Cushingberry Kehrl Pavlov Waters
Dillon Kolb Pearce Wenke
Donigan Kooiman Phillips Whitmer
Drolet LaJoy Plakas Williams
Elsenheimer Law, David Polidori Wojno
Emmons Law, Kathleen Proos Zelenko
Espinoza Leland Robertson
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 "Public health code," (MCL 333.1101 to 333.25211) by adding section 9723.
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.
The House returned to the consideration of
House Bill No.4930, entitled
A bill to amend 1976 PA 451, entitled "The revised school code," (MCL 380.1 to 380.1852) by adding section 1230d.
(The bill was considered earlier today, see today's Journal p. 1040.)
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.286 Yeas--107
Accavitti Farhat Lemmons, III Rocca
Acciavatti Farrah Lemmons, Jr. Sak
Adamini Gaffney Lipsey Schuitmaker
Amos Garfield Marleau Shaffer
Anderson Gillard Mayes Sheen
Angerer Gleason McConico Sheltrown
Ball Gonzales McDowell Smith, Alma
Baxter Gosselin Meisner Smith, Virgil
Bennett Green Meyer Spade
Bieda Hansen Miller Stahl
Booher Hildenbrand Moolenaar Stakoe
Brown Hood Moore Steil
Byrnes Hoogendyk Mortimer Stewart
Byrum Hopgood Murphy Taub
Casperson Huizenga Newell Tobocman
Caswell Hummel Nitz Vagnozzi
Caul Hune Nofs VanRegenmorter
Clack Hunter Palmer Vander Veen
Clemente Jones Palsrok Walker
Condino Kahn Pastor Ward
Cushingberry Kehrl Pavlov Waters
Dillon Kolb Pearce Wenke
Donigan Kooiman Phillips Whitmer
Drolet LaJoy Plakas Williams
Elsenheimer Law, David Polidori Wojno
Emmons Law, Kathleen Proos Zelenko
Espinoza Leland Robertson
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.
The House returned to the consideration of
House Bill No.4931, entitled
A bill to amend 1927 PA 175, entitled "The code of criminal procedure," by amending section 13p of chapter XVII (MCL 777.13p), as amended by 2004 PA 418.
(The bill was considered earlier today, see today's Journal p. 1040.)
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.287 Yeas--107
Accavitti Farhat Lemmons, III Rocca
Acciavatti Farrah Lemmons, Jr. Sak
Adamini Gaffney Lipsey Schuitmaker
Amos Garfield Marleau Shaffer
Anderson Gillard Mayes Sheen
Angerer Gleason McConico Sheltrown
Ball Gonzales McDowell Smith, Alma
Baxter Gosselin Meisner Smith, Virgil
Bennett Green Meyer Spade
Bieda Hansen Miller Stahl
Booher Hildenbrand Moolenaar Stakoe
Brown Hood Moore Steil
Byrnes Hoogendyk Mortimer Stewart
Byrum Hopgood Murphy Taub
Casperson Huizenga Newell Tobocman
Caswell Hummel Nitz Vagnozzi
Caul Hune Nofs VanRegenmorter
Clack Hunter Palmer Vander Veen
Clemente Jones Palsrok Walker
Condino Kahn Pastor Ward
Cushingberry Kehrl Pavlov Waters
Dillon Kolb Pearce Wenke
Donigan Kooiman Phillips Whitmer
Drolet LaJoy Plakas Williams
Elsenheimer Law, David Polidori Wojno
Emmons Law, Kathleen Proos Zelenko
Espinoza Leland Robertson
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.
______
Rep. Sak moved that Rep. Hunter be excused temporarily from today's session.
The motion prevailed.
The House returned to the consideration of
House Bill No.4932, entitled
A bill to amend 1994 PA 295, entitled "Sex offenders registration act," (MCL 28.721 to 28.732) by amending the title, as amended by 2004 PA 237, and by adding headings for articles I and II and by adding article III.
(The bill was considered earlier today, see today's Journal p. 1041.)
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.288 Yeas--99
Accavitti Espinoza Leland Robertson
Acciavatti Farhat Lemmons, III Rocca
Adamini Farrah Lemmons, Jr. Sak
Amos Gaffney Marleau Schuitmaker
Anderson Garfield Mayes Shaffer
Angerer Gillard McDowell Sheen
Ball Gleason Meisner Sheltrown
Baxter Gonzales Meyer Spade
Bennett Gosselin Miller Stahl
Bieda Green Moolenaar Stakoe
Booher Hansen Moore Steil
Brown Hildenbrand Mortimer Stewart
Byrnes Hood Murphy Taub
Byrum Hoogendyk Newell Vagnozzi
Casperson Hopgood Nitz VanRegenmorter
Caswell Huizenga Nofs Vander Veen
Caul Hummel Palmer Walker
Clack Hune Palsrok Ward
Clemente Jones Pastor Waters
Condino Kahn Pavlov Wenke
Cushingberry Kehrl Pearce Whitmer
Dillon Kooiman Phillips Williams
Donigan LaJoy Plakas Wojno
Elsenheimer Law, David Polidori Zelenko
Emmons Law, Kathleen Proos
Nays--7
Drolet Lipsey Smith, Alma Tobocman
Kolb McConico Smith, Virgil
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, Stewart, Zelenko, Kooiman, Meyer, Pastor, LaJoy, Acciavatti, Clack, Vagnozzi, Taub, Gleason, Shaffer, Byrum, Sak, Stahl, Farhat, Moolenaar, Palsrok, Booher, Caul, Cushingberry, Elsenheimer, Espinoza, Hansen, Kahn, Kehrl, Lemmons, Jr., Marleau, McDowell and Spade were named co-sponsors of the bill.
The House returned to the consideration of
House Bill No.4933, entitled
A bill to amend 1927 PA 175, entitled "The code of criminal procedure," by amending section 11b of chapter XVII (MCL 777.11b), as amended by 2004 PA 150.
(The bill was considered earlier today, see today's Journal p. 1041.)
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.289 Yeas--105
Accavitti Farrah Lemmons, Jr. Rocca
Acciavatti Gaffney Lipsey Sak
Adamini Garfield Marleau Schuitmaker
Amos Gillard Mayes Shaffer
Anderson Gleason McConico Sheen
Angerer Gonzales McDowell Sheltrown
Ball Gosselin Meisner Smith, Alma
Baxter Green Meyer Smith, Virgil
Bennett Hansen Miller Spade
Bieda Hildenbrand Moolenaar Stahl
Booher Hood Moore Stakoe
Brown Hoogendyk Mortimer Steil
Byrnes Hopgood Murphy Stewart
Byrum Huizenga Newell Taub
Casperson Hummel Nitz Tobocman
Caswell Hune Nofs Vagnozzi
Caul Hunter Palmer VanRegenmorter
Clack Jones Palsrok Vander Veen
Clemente Kahn Pastor Walker
Condino Kehrl Pavlov Ward
Cushingberry Kolb Pearce Waters
Dillon Kooiman Phillips Wenke
Donigan LaJoy Plakas Whitmer
Elsenheimer Law, David Polidori Williams
Emmons Leland Proos Wojno
Espinoza Lemmons, III Robertson Zelenko
Farhat
Nays--1
Drolet
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.
______
Rep. Sak moved that Reps. Byrum and Condino be excused temporarily from today's session.
The motion prevailed.
The House returned to the consideration of
House Bill No.4991, entitled
A bill to amend 1937 (Ex Sess) PA 4, entitled "An act relative to continuing tenure of office of certificated teachers in public educational institutions; to provide for probationary periods; to regulate discharges or demotions; to provide for resignations and leaves of absence; to create a state tenure commission and to prescribe the powers and duties thereof; and to prescribe penalties for violation of the provisions of this act," by amending section 1 of article IV (MCL 38.101), as amended by 1993 PA 60.
(The bill was considered earlier today, see today's Journal p. 1042.)
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.290 Yeas--105
Accavitti Gaffney Lemmons, Jr. Rocca
Acciavatti Garfield Lipsey Sak
Adamini Gillard Marleau Schuitmaker
Amos Gleason Mayes Shaffer
Anderson Gonzales McConico Sheen
Angerer Gosselin McDowell Sheltrown
Ball Green Meisner Smith, Alma
Baxter Hansen Meyer Smith, Virgil
Bennett Hildenbrand Miller Spade
Bieda Hood Moolenaar Stahl
Booher Hoogendyk Moore Stakoe
Brown Hopgood Mortimer Steil
Byrnes Huizenga Murphy Stewart
Casperson Hummel Newell Taub
Caswell Hune Nitz Tobocman
Caul Hunter Nofs Vagnozzi
Clack Jones Palmer VanRegenmorter
Clemente Kahn Palsrok Vander Veen
Cushingberry Kehrl Pastor Walker
Dillon Kolb Pavlov Ward
Donigan Kooiman Pearce Waters
Drolet LaJoy Phillips Wenke
Elsenheimer Law, David Plakas Whitmer
Emmons Law, Kathleen Polidori Williams
Espinoza Leland Proos Wojno
Farhat Lemmons, III Robertson Zelenko
Farrah
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.
The House returned to the consideration of
House Bill No.4934, entitled
A bill to amend 1994 PA 295, entitled "Sex offenders registration act," by amending sections 5 and 9 (MCL 28.725 and 28.729), section 5 as amended by 2004 PA 240 and section 9 as amended by 2004 PA 237.
(The bill was considered earlier today, see today's Journal p. 1042.)
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.291 Yeas--106
Accavitti Farrah Lemmons, Jr. Rocca
Acciavatti Gaffney Lipsey Sak
Adamini Garfield Marleau Schuitmaker
Amos Gillard Mayes Shaffer
Anderson Gleason McConico Sheen
Angerer Gonzales McDowell Sheltrown
Ball Gosselin Meisner Smith, Alma
Baxter Green Meyer Smith, Virgil
Bennett Hansen Miller Spade
Bieda Hildenbrand Moolenaar Stahl
Booher Hood Moore Stakoe
Brown Hoogendyk Mortimer Steil
Byrnes Hopgood Murphy Stewart
Casperson Huizenga Newell Taub
Caswell Hummel Nitz Tobocman
Caul Hune Nofs Vagnozzi
Clack Hunter Palmer VanRegenmorter
Clemente Jones Palsrok Vander Veen
Cushingberry Kahn Pastor Walker
DeRoche Kehrl Pavlov Ward
Dillon Kolb Pearce Waters
Donigan Kooiman Phillips Wenke
Drolet LaJoy Plakas Whitmer
Elsenheimer Law, David Polidori Williams
Emmons Law, Kathleen Proos Wojno
Espinoza Leland Robertson Zelenko
Farhat Lemmons, III
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.
______
Rep. Sak moved that Rep. Virgil Smith be excused temporarily from today's session.
The motion prevailed.
Rep. Palmer moved that Rep. DeRoche be excused temporarily from today's session.
The motion prevailed.
The House returned to the consideration of
House Bill No.4935, entitled
A bill to amend 1927 PA 175, entitled "The code of criminal procedure," by amending section 11b of chapter XVII (MCL 777.11b), as amended by 2004 PA 150.
(The bill was considered earlier today, see today's Journal p. 1043.)
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.292 Yeas--106
Accavitti Farhat Lemmons, III Robertson
Acciavatti Farrah Lemmons, Jr. Rocca
Adamini Gaffney Lipsey Sak
Amos Garfield Marleau Schuitmaker
Anderson Gillard Mayes Shaffer
Angerer Gleason McConico Sheen
Ball Gonzales McDowell Sheltrown
Baxter Gosselin Meisner Smith, Alma
Bennett Green Meyer Spade
Bieda Hansen Miller Stahl
Booher Hildenbrand Moolenaar Stakoe
Brown Hood Moore Steil
Byrnes Hoogendyk Mortimer Stewart
Byrum Hopgood Murphy Taub
Casperson Huizenga Newell Tobocman
Caswell Hummel Nitz Vagnozzi
Caul Hune Nofs VanRegenmorter
Clack Hunter Palmer Vander Veen
Clemente Jones Palsrok Walker
Condino Kahn Pastor Ward
Cushingberry Kehrl Pavlov Waters
Dillon Kolb Pearce Wenke
Donigan Kooiman Phillips Whitmer
Drolet LaJoy Plakas Williams
Elsenheimer Law, David Polidori Wojno
Emmons Law, Kathleen Proos Zelenko
Espinoza Leland
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.
The House returned to the consideration of
House Bill No.4936, entitled
A bill to amend 1973 PA 116, entitled "An act to provide for the protection of children through the licensing and regulation of child care organizations; to provide for the establishment of standards of care for child care organizations; to prescribe powers and duties of certain departments of this state and adoption facilitators; to provide penalties; and to repeal acts and parts of acts," by amending section 5 (MCL 722.115), as amended by 2004 PA 315, and by adding sections 5c, 5d, and 5e.
(The bill was considered earlier today, see today's Journal p. 1043.)
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.293 Yeas--105
Accavitti Farrah Lemmons, III Robertson
Acciavatti Gaffney Lemmons, Jr. Rocca
Adamini Garfield Lipsey Sak
Amos Gillard Marleau Schuitmaker
Anderson Gleason Mayes Shaffer
Angerer Gonzales McConico Sheen
Ball Gosselin McDowell Sheltrown
Baxter Green Meisner Smith, Alma
Bennett Hansen Meyer Spade
Bieda Hildenbrand Miller Stahl
Booher Hood Moolenaar Stakoe
Brown Hoogendyk Moore Steil
Byrnes Hopgood Mortimer Stewart
Byrum Huizenga Murphy Taub
Casperson Hummel Newell Tobocman
Caswell Hune Nitz Vagnozzi
Caul Hunter Nofs VanRegenmorter
Clack Jones Palmer Vander Veen
Clemente Kahn Palsrok Walker
Condino Kehrl Pastor Ward
Cushingberry Kolb Pavlov Waters
Dillon Kooiman Pearce Wenke
Donigan LaJoy Phillips Whitmer
Elsenheimer Law, David Plakas Williams
Emmons Law, Kathleen Polidori Wojno
Espinoza Leland Proos Zelenko
Farhat
Nays--1
Drolet
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.
The House returned to the consideration of
House Bill No.4937, entitled
A bill to amend 1927 PA 175, entitled "The code of criminal procedure," (MCL 760.1 to 777.69) by adding section 27a to chapter VIII.
(The bill was considered earlier today, see today's Journal p. 1044.)
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.294 Yeas--106
Accavitti Farhat Lemmons, III Robertson
Acciavatti Farrah Lemmons, Jr. Rocca
Adamini Gaffney Lipsey Sak
Amos Garfield Marleau Schuitmaker
Anderson Gillard Mayes Shaffer
Angerer Gleason McConico Sheen
Ball Gonzales McDowell Sheltrown
Baxter Gosselin Meisner Smith, Alma
Bennett Green Meyer Spade
Bieda Hansen Miller Stahl
Booher Hildenbrand Moolenaar Stakoe
Brown Hood Moore Steil
Byrnes Hoogendyk Mortimer Stewart
Byrum Hopgood Murphy Taub
Casperson Huizenga Newell Tobocman
Caswell Hummel Nitz Vagnozzi
Caul Hune Nofs VanRegenmorter
Clack Hunter Palmer Vander Veen
Clemente Jones Palsrok Walker
Condino Kahn Pastor Ward
Cushingberry Kehrl Pavlov Waters
Dillon Kolb Pearce Wenke
Donigan Kooiman Phillips Whitmer
Drolet LaJoy Plakas Williams
Elsenheimer Law, David Polidori Wojno
Emmons Law, Kathleen Proos Zelenko
Espinoza Leland
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.
The House returned to the consideration of
House Bill No.4957, entitled
A bill to amend 1927 PA 175, entitled "The code of criminal procedure," by amending section 16t of chapter XVII (MCL 777.16t), as amended by 2004 PA 112.
(The bill was considered earlier today, see today's Journal p. 1045.)
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.295 Yeas--107
Accavitti Espinoza Leland Robertson
Acciavatti Farhat Lemmons, III Rocca
Adamini Farrah Lemmons, Jr. Sak
Amos Gaffney Lipsey Schuitmaker
Anderson Garfield Marleau Shaffer
Angerer Gillard Mayes Sheen
Ball Gleason McConico Sheltrown
Baxter Gonzales McDowell Smith, Alma
Bennett Gosselin Meisner Spade
Bieda Green Meyer Stahl
Booher Hansen Miller Stakoe
Brown Hildenbrand Moolenaar Steil
Byrnes Hood Moore Stewart
Byrum Hoogendyk Mortimer Taub
Casperson Hopgood Murphy Tobocman
Caswell Huizenga Newell Vagnozzi
Caul Hummel Nitz VanRegenmorter
Clack Hune Nofs Vander Veen
Clemente Hunter Palmer Walker
Condino Jones Palsrok Ward
Cushingberry Kahn Pastor Waters
DeRoche Kehrl Pavlov Wenke
Dillon Kolb Pearce Whitmer
Donigan Kooiman Phillips Williams
Drolet LaJoy Plakas Wojno
Elsenheimer Law, David Polidori Zelenko
Emmons Law, Kathleen Proos
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.
______
Rep. Ward moved that Rep. DeRoche be excused temporarily from today's session.
The motion prevailed.
The House returned to the consideration of
House Bill No.4958, entitled
A bill to amend 1927 PA 175, entitled "The code of criminal procedure," by amending section 15g of chapter XVII (MCL 777.15g), as added by 2002 PA 206.
(The bill was considered earlier today, see today's Journal p. 1045.)
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.296 Yeas--107
Accavitti Farhat Lemmons, III Rocca
Acciavatti Farrah Lemmons, Jr. Sak
Adamini Gaffney Lipsey Schuitmaker
Amos Garfield Marleau Shaffer
Anderson Gillard Mayes Sheen
Angerer Gleason McConico Sheltrown
Ball Gonzales McDowell Smith, Alma
Baxter Gosselin Meisner Smith, Virgil
Bennett Green Meyer Spade
Bieda Hansen Miller Stahl
Booher Hildenbrand Moolenaar Stakoe
Brown Hood Moore Steil
Byrnes Hoogendyk Mortimer Stewart
Byrum Hopgood Murphy Taub
Casperson Huizenga Newell Tobocman
Caswell Hummel Nitz Vagnozzi
Caul Hune Nofs VanRegenmorter
Clack Hunter Palmer Vander Veen
Clemente Jones Palsrok Walker
Condino Kahn Pastor Ward
Cushingberry Kehrl Pavlov Waters
Dillon Kolb Pearce Wenke
Donigan Kooiman Phillips Whitmer
Drolet LaJoy Plakas Williams
Elsenheimer Law, David Polidori Wojno
Emmons Law, Kathleen Proos Zelenko
Espinoza Leland Robertson
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.
The House returned to the consideration of
Senate Bill No.130, entitled
A bill to require persons convicted of certain offenses to disclose those offenses before coaching youth; and to provide penalties.
(The bill was considered earlier today, see today's Journal p. 1046.)
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.297 Yeas--107
Accavitti Farhat Lemmons, III Rocca
Acciavatti Farrah Lemmons, Jr. Sak
Adamini Gaffney Lipsey Schuitmaker
Amos Garfield Marleau Shaffer
Anderson Gillard Mayes Sheen
Angerer Gleason McConico Sheltrown
Ball Gonzales McDowell Smith, Alma
Baxter Gosselin Meisner Smith, Virgil
Bennett Green Meyer Spade
Bieda Hansen Miller Stahl
Booher Hildenbrand Moolenaar Stakoe
Brown Hood Moore Steil
Byrnes Hoogendyk Mortimer Stewart
Byrum Hopgood Murphy Taub
Casperson Huizenga Newell Tobocman
Caswell Hummel Nitz Vagnozzi
Caul Hune Nofs VanRegenmorter
Clack Hunter Palmer Vander Veen
Clemente Jones Palsrok Walker
Condino Kahn Pastor Ward
Cushingberry Kehrl Pavlov Waters
Dillon Kolb Pearce Wenke
Donigan Kooiman Phillips Whitmer
Drolet LaJoy Plakas Williams
Elsenheimer Law, David Polidori Wojno
Emmons Law, Kathleen Proos Zelenko
Espinoza Leland Robertson
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 1931 PA 328, entitled "An act to revise, consolidate, codify and add to the statutes relating to crimes; to define crimes and prescribe the penalties therefor; to provide for restitution under certain circumstances; to provide for the competency of evidence at the trial of persons accused of crime; to provide immunity from prosecution for certain witnesses appearing at such trials; and to repeal certain acts and parts of acts inconsistent with or contravening any of the provisions of this act," (MCL 750.1 to 750.568) by adding sections 411u and 411v.
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.
Quorum Call
Rep. Stakoe questioned the presence of a quorum and moved that the roll be called and printed in the Journal.
The motion prevailed.
The roll was called and the Clerk announced that a quorum was present.
The following is the roll call:
Roll Call No. 298 Yeas--87
Accavitti Farrah Lemmons, Jr. Rocca
Acciavatti Gaffney Lipsey Sak
Adamini Garfield Marleau Shaffer
Amos Gillard Mayes Sheltrown
Anderson Gonzales McDowell Spade
Angerer Gosselin Meisner Stahl
Ball Green Meyer Stakoe
Bennett Hansen Miller Steil
Bieda Hildenbrand Moolenaar Stewart
Booher Hood Moore Taub
Brown Hoogendyk Mortimer Tobocman
Byrnes Hopgood Murphy Vagnozzi
Caswell Hummel Nitz Van Regenmorter
Caul Hune Nofs Vander Veen
Clack Hunter Palmer Walker
Clemente Jones Palsrok Ward
Condino Kehrl Pastor Waters
Cushingberry Kolb Pavlov Wenke
Dillon Kooiman Phillips Whitmer
Elsenheimer LaJoy Polidori Williams
Espinoza Leland Proos Wojno
Farhat Lemmons, III Robertson
In The Chair: Kooiman
______
Rep. Sak moved that Reps. Kathleen Law, Virgil Smith and Zelenko be excused temporarily from today's session.
The motion prevailed.
Rep. Sak moved that Rep. Plakas be excused from the balance of today's session.
The motion prevailed.
Rep. Steil moved that Rep. Emmons be excused temporarily from today's session.
The motion prevailed.
Rep. Palmer moved that Reps. Casperson, Kahn and Sheen be excused temporarily from today's session.
The motion prevailed.
Rep. Ward moved that House Bill No. 4706 be placed on its immediate passage.
The motion prevailed, a majority of the members serving voting therefor.
House Bill No. 4706, entitled
A bill to amend 1998 PA 58, entitled "Michigan liquor control code of 1998," by amending section 916 (MCL 436.1916).
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 299 Yeas--100
Accavitti Espinoza Leland Proos
Acciavatti Farhat Lemmons, III Robertson
Adamini Farrah Lemmons, Jr. Rocca
Amos Gaffney Lipsey Sak
Anderson Garfield Marleau Schuitmaker
Angerer Gillard Mayes Shaffer
Ball Gleason McConico Sheltrown
Baxter Gonzales McDowell Smith, Alma
Bennett Gosselin Meisner Spade
Bieda Green Meyer Stahl
Booher Hansen Miller Stakoe
Brown Hildenbrand Moolenaar Steil
Byrnes Hood Moore Stewart
Byrum Hoogendyk Mortimer Taub
Caswell Hopgood Murphy Tobocman
Caul Huizenga Newell Vagnozzi
Clack Hummel Nitz Van Regenmorter
Clemente Hune Nofs Vander Veen
Condino Hunter Palmer Walker
Cushingberry Jones Palsrok Ward
DeRoche Kehrl Pastor Waters
Dillon Kolb Pavlov Wenke
Donigan Kooiman Pearce Whitmer
Drolet LaJoy Phillips Williams
Elsenheimer Law, David Polidori Wojno
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.
______
Rep. Casperson, 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. 299. Had I been present, I would have voted 'yea'."
Rep. Emmons, 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. 299. Had I been present, I would have voted 'yea'."
Rep. Kahn, 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. 299. Had I been present, I would have voted 'yea'."
Notices
Rep. Tobocman, 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 Nos. 251-268. Had I been present, I would have voted 'yea' on Roll Call Nos. 251-253 and 255-268 and 'nay' on Roll Call No. 254."
By unanimous consent the House returned to the order of
Third Reading of Bills
Rep. Ward moved that Senate Bill No. 306 be placed on its immediate passage.
The motion prevailed, a majority of the members serving voting therefor.
Senate Bill No. 306, entitled
A bill to authorize the department of management and budget to convey certain parcels of state owned property in Eaton county; to prescribe conditions for the conveyances; to provide for certain powers and duties of the department of management and budget in implementing those conveyances; to provide for disposition of revenue derived from the conveyances; 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. 300 Yeas--106
Accavitti Espinoza Leland Robertson
Acciavatti Farhat Lemmons, III Rocca
Adamini Farrah Lemmons, Jr. Sak
Amos Gaffney Lipsey Schuitmaker
Anderson Garfield Marleau Shaffer
Angerer Gillard Mayes Sheen
Ball Gleason McConico Sheltrown
Baxter Gonzales McDowell Smith, Alma
Bennett Gosselin Meisner Spade
Bieda Green Meyer Stahl
Booher Hansen Miller Stakoe
Brown Hildenbrand Moolenaar Steil
Byrnes Hood Moore Stewart
Byrum Hoogendyk Mortimer Taub
Casperson Hopgood Murphy Tobocman
Caswell Huizenga Newell Vagnozzi
Caul Hummel Nitz Van Regenmorter
Clack Hune Nofs Vander Veen
Clemente Hunter Palmer Walker
Condino Jones Palsrok Ward
Cushingberry Kahn Pastor Waters
DeRoche Kehrl Pavlov Wenke
Dillon Kolb Pearce Whitmer
Donigan Kooiman Phillips Williams
Drolet LaJoy Polidori Wojno
Elsenheimer Law, David Proos Zelenko
Emmons Law, Kathleen
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.
Rep. Ward moved that House Bill No. 4996 be placed on its immediate passage.
The motion prevailed, a majority of the members serving voting therefor.
House Bill No. 4996, entitled
A bill to amend 1978 PA 368, entitled "Public health code," by amending section 16625 (MCL 333.16625), as amended by 1991 PA 58.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 301 Yeas--106
Accavitti Espinoza Leland Robertson
Acciavatti Farhat Lemmons, III Rocca
Adamini Farrah Lemmons, Jr. Sak
Amos Gaffney Lipsey Schuitmaker
Anderson Garfield Marleau Shaffer
Angerer Gillard Mayes Sheen
Ball Gleason McConico Sheltrown
Baxter Gonzales McDowell Smith, Alma
Bennett Gosselin Meisner Spade
Bieda Green Meyer Stahl
Booher Hansen Miller Stakoe
Brown Hildenbrand Moolenaar Steil
Byrnes Hood Moore Stewart
Byrum Hoogendyk Mortimer Taub
Casperson Hopgood Murphy Tobocman
Caswell Huizenga Newell Vagnozzi
Caul Hummel Nitz Van Regenmorter
Clack Hune Nofs Vander Veen
Clemente Hunter Palmer Walker
Condino Jones Palsrok Ward
Cushingberry Kahn Pastor Waters
DeRoche Kehrl Pavlov Wenke
Dillon Kolb Pearce Whitmer
Donigan Kooiman Phillips Williams
Drolet LaJoy Polidori Wojno
Elsenheimer Law, David Proos Zelenko
Emmons Law, Kathleen
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, Stewart, Phillips, Kooiman, Brown, Tobocman, Pastor, Hopgood, Kathleen Law, Bieda, Condino, Vagnozzi, Accavitti, Byrum, Sak, Sheen, Moolenaar, Palsrok, Gillard, Casperson, Caul, Clemente, Cushingberry, Donigan, Elsenheimer, Espinoza, Gosselin, Hansen, Kehrl, Leland, Marleau, Mayes, McDowell, Palmer, Polidori, Proos, Rocca, Sheltrown, Alma Smith and Spade were named co-sponsors of the bill.
______
Rep. Virgil Smith, 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 Nos. 299-301. Had I been present, I would have voted 'yea'."
Second Reading of Bills
House Bill No. 4892, entitled
A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending section 30312 (MCL 324.30312), as amended by 2003 PA 14.
Was read a second time, and the question being on the adoption of the proposed amendment previously recommended by the Committee on Transportation (for amendment, see House Journal No. 60, p. 976),
The amendment was adopted, a majority of the members serving voting therefor.
Rep. Casperson moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
Rep. 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. 4892, entitled
A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending section 30312 (MCL 324.30312), as amended by 2003 PA 14.
The bill was read a third time.
The question being on the passage of the bill,
Rep. Ward moved that consideration of the bill be postponed temporarily.
The motion prevailed.
Rep. Ward moved that House Bill No. 4315 be placed on its immediate passage.
The motion prevailed, a majority of the members serving voting therefor.
House Bill No. 4315, entitled
A bill to amend 1909 PA 283, entitled "An act to revise, consolidate, and add to the laws relating to the establishment, opening, discontinuing, vacating, closing, altering, improvement, maintenance, and use of the public highways and private roads; the condemnation of property and gravel therefor; the building, repairing and preservation of bridges; maintaining public access to waterways under certain conditions; setting and protecting shade trees, drainage, and cutting weeds and brush within this state; providing for the election or appointment and defining the powers, duties, and compensation of state, county, township, and district highway officials; and to prescribe penalties and provide remedies," by amending section 6 (MCL 224.6), as amended by 1982 PA 299.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 302 Yeas--87
Acciavatti Gleason Lemmons, III Robertson
Amos Gonzales Lemmons, Jr. Sak
Anderson Gosselin Lipsey Schuitmaker
Angerer Green Marleau Shaffer
Ball Hansen Mayes Sheen
Baxter Hildenbrand McConico Smith, Alma
Bieda Hood McDowell Spade
Booher Hoogendyk Meisner Stahl
Byrum Hopgood Moolenaar Stakoe
Caul Huizenga Moore Steil
Clack Hummel Mortimer Stewart
Clemente Hune Murphy Taub
Condino Hunter Newell Tobocman
DeRoche Jones Nitz Van Regenmorter
Dillon Kahn Nofs Vander Veen
Donigan Kehrl Palmer Walker
Drolet Kolb Pastor Ward
Elsenheimer Kooiman Pavlov Waters
Emmons LaJoy Pearce Wenke
Espinoza Law, David Phillips Whitmer
Gaffney Law, Kathleen Polidori Zelenko
Garfield Leland Proos
Nays--20
Accavitti Casperson Gillard Sheltrown
Adamini Caswell Meyer Smith, Virgil
Bennett Cushingberry Miller Vagnozzi
Brown Farhat Palsrok Williams
Byrnes Farrah Rocca Wojno
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 1909 PA 283, entitled "An act to revise, consolidate, and add to the laws relating to the establishment, opening, discontinuing, vacating, closing, altering, improvement, maintenance, and use of the public highways and private roads; the condemnation of property and gravel therefor; the building, repairing and preservation of bridges; maintaining public access to waterways under certain conditions; setting and protecting shade trees, drainage, and cutting weeds and brush within this state; providing for the election or appointment and defining the powers, duties, and compensation of state, county, township, and district highway officials; and to prescribe penalties and provide remedies," by amending section 6 of chapter IV (MCL 224.6), as amended by 1982 PA 299.
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. Waters moved that Rep. McConico be excused temporarily from today's session.
The motion prevailed.
Rep. Ward moved that House Bill No. 4316 be placed on its immediate passage.
The motion prevailed, a majority of the members serving voting therefor.
House Bill No. 4316, entitled
A bill to amend 1966 PA 293, entitled "An act to provide for the establishment of charter counties; to provide for the election of charter commissioners; to prescribe their powers and duties; to prohibit certain acts of a county board of commissioners after the approval of the election of a charter commission; to prescribe the mandatory and permissive provisions of a charter; to provide for the exercise by a charter county of certain powers whether or not authorized by its charter; and to prescribe penalties and provide remedies," by amending section 14 (MCL 45.514), as amended by 1982 PA 300.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 303 Yeas--85
Acciavatti Gosselin Lemmons, Jr. Schuitmaker
Amos Green Lipsey Shaffer
Anderson Hansen Marleau Sheen
Angerer Hildenbrand Mayes Smith, Alma
Ball Hood Meisner Smith, Virgil
Baxter Hoogendyk Moolenaar Spade
Bieda Hopgood Moore Stahl
Booher Huizenga Mortimer Stakoe
Byrum Hummel Murphy Steil
Caul Hune Newell Stewart
Clack Hunter Nitz Taub
Condino Jones Nofs Tobocman
DeRoche Kahn Palmer Vagnozzi
Dillon Kehrl Pastor Van Regenmorter
Donigan Kolb Pavlov Vander Veen
Drolet Kooiman Pearce Walker
Elsenheimer LaJoy Phillips Ward
Espinoza Law, David Polidori Waters
Gaffney Law, Kathleen Proos Wenke
Garfield Leland Robertson Whitmer
Gleason Lemmons, III Sak Zelenko
Gonzales
Nays--21
Accavitti Caswell Farrah Palsrok
Adamini Clemente Gillard Rocca
Bennett Cushingberry McDowell Sheltrown
Brown Emmons Meyer Williams
Byrnes Farhat Miller Wojno
Casperson
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.
______
Rep. Ward moved that Rep. DeRoche be excused temporarily from today's session.
The motion prevailed.
Rep. Ward moved that House Bill No. 4317 be placed on its immediate passage.
The motion prevailed, a majority of the members serving voting therefor.
House Bill No. 4317, entitled
A bill to amend 1973 PA 139, entitled "An act to provide forms of county government; to provide for county managers and county executives and to prescribe their powers and duties; to abolish certain departments, boards, commissions, and authorities; to provide for transfer of certain powers and functions; to prescribe powers of a board of county commissioners and elected officials; to provide organization of administrative functions; to transfer property; to retain ordinances and laws not inconsistent with this act; to provide methods for abolition of a unified form of county government; and to prescribe penalties and provide remedies," by amending section 12 (MCL 45.562).
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 304 Yeas--86
Acciavatti Green Marleau Schuitmaker
Amos Hansen Mayes Shaffer
Anderson Hildenbrand McConico Sheen
Angerer Hood Meisner Smith, Alma
Ball Hoogendyk Meyer Smith, Virgil
Baxter Hopgood Moolenaar Spade
Bieda Huizenga Moore Stahl
Booher Hummel Mortimer Stakoe
Byrum Hune Murphy Steil
Caul Hunter Newell Stewart
Clack Jones Nitz Taub
Condino Kahn Nofs Tobocman
Dillon Kehrl Palmer Vagnozzi
Donigan Kolb Pastor Van Regenmorter
Drolet Kooiman Pavlov Vander Veen
Elsenheimer LaJoy Pearce Walker
Espinoza Law, David Phillips Ward
Gaffney Law, Kathleen Polidori Waters
Garfield Leland Proos Wenke
Gleason Lemmons, III Robertson Whitmer
Gonzales Lemmons, Jr. Sak Zelenko
Gosselin Lipsey
Nays--20
Accavitti Casperson Farhat Palsrok
Adamini Caswell Farrah Rocca
Bennett Clemente Gillard Sheltrown
Brown Cushingberry McDowell Williams
Byrnes Emmons Miller Wojno
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.
______
Rep. Sak moved that Rep. Tobocman be excused temporarily from today's session.
The motion prevailed.
Rep. Ward moved that House Bill No. 4403 be placed on its immediate passage.
The motion prevailed, a majority of the members serving voting therefor.
House Bill No. 4403, entitled
A bill to amend 1978 PA 368, entitled "Public health code," by amending section 16215 (MCL 333.16215), as amended by 1999 PA 60.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 305 Yeas--106
Accavitti Espinoza Leland Robertson
Acciavatti Farhat Lemmons, III Rocca
Adamini Farrah Lemmons, Jr. Sak
Amos Gaffney Lipsey Schuitmaker
Anderson Garfield Marleau Shaffer
Angerer Gillard Mayes Sheen
Ball Gleason McConico Sheltrown
Baxter Gonzales McDowell Smith, Alma
Bennett Gosselin Meisner Smith, Virgil
Bieda Green Meyer Spade
Booher Hansen Miller Stahl
Brown Hildenbrand Moolenaar Stakoe
Byrnes Hood Moore Steil
Byrum Hoogendyk Mortimer Stewart
Casperson Hopgood Murphy Taub
Caswell Huizenga Newell Vagnozzi
Caul Hummel Nitz Van Regenmorter
Clack Hune Nofs Vander Veen
Clemente Hunter Palmer Walker
Condino Jones Palsrok Ward
Cushingberry Kahn Pastor Waters
DeRoche Kehrl Pavlov Wenke
Dillon Kolb Pearce Whitmer
Donigan Kooiman Phillips Williams
Drolet LaJoy Polidori Wojno
Elsenheimer Law, David Proos Zelenko
Emmons Law, Kathleen
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.
Notices
Rep. Meisner, 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 Nos. 252-268. Had I been present, I would have voted 'yea' on Roll Call Nos. 252-253 and 255-268 and 'nay' on Roll Call No. 254."
Rep. Byrum, 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 Nos. 252-268. Had I been present, I would have voted 'yea' on Roll Call Nos. 252-253 and 255-268 and 'nay' on Roll Call No. 254."
Rep. Condino, 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 Nos. 252-268. Had I been present, I would have voted 'yea' on Roll Call Nos. 252-253 and 255-268 and 'nay' on Roll Call No. 254."
Rep. Dillon, 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 Nos. 252-268. Had I been present, I would have voted 'yea' on Roll Call Nos. 252-253 and 255-268 and 'nay' on Roll Call No. 254."
By unanimous consent the House returned to the order of
Third Reading of Bills
Rep. Ward moved that House Bill No. 4733 be placed on its immediate passage.
The motion prevailed, a majority of the members serving voting therefor.
House Bill No. 4733, entitled
A bill to amend 1975 PA 228, entitled "Single business tax act," (MCL 208.1 to 208.145) by adding section 35c.
The bill was read a third time.
The question being on the passage of the bill,
Rep. Ward moved that consideration of the bill be postponed temporarily.
The motion prevailed.
Rep. Ward moved that House Bill No. 4938 be placed on its immediate passage.
The motion prevailed, a majority of the members serving voting therefor.
House Bill No. 4938, entitled
A bill to amend 1953 PA 181, entitled "An act relative to investigations in certain instances of the causes of death within this state due to violence, negligence or other act or omission of a criminal nature or to protect public health; to provide for the taking of statements from injured persons under certain circumstances; to abolish the office of coroner and to create the office of county medical examiner in certain counties; to prescribe the powers and duties of county medical examiners; to prescribe penalties for violations of the provisions of this act; and to prescribe a referendum thereon," (MCL 52.201 to 52.216) by adding section 9.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 306 Yeas--107
Accavitti Espinoza Leland Rocca
Acciavatti Farhat Lemmons, III Sak
Adamini Farrah Lemmons, Jr. Schuitmaker
Amos Gaffney Lipsey Shaffer
Anderson Garfield Marleau Sheen
Angerer Gillard Mayes Sheltrown
Ball Gleason McConico Smith, Alma
Baxter Gonzales McDowell Smith, Virgil
Bennett Gosselin Meisner Spade
Bieda Green Meyer Stahl
Booher Hansen Miller Stakoe
Brown Hildenbrand Moolenaar Steil
Byrnes Hood Moore Stewart
Byrum Hoogendyk Mortimer Taub
Casperson Hopgood Murphy Tobocman
Caswell Huizenga Newell Vagnozzi
Caul Hummel Nitz Van Regenmorter
Clack Hune Nofs Vander Veen
Clemente Hunter Palmer Walker
Condino Jones Palsrok Ward
Cushingberry Kahn Pastor Waters
DeRoche Kehrl Pavlov Wenke
Dillon Kolb Pearce Whitmer
Donigan Kooiman Phillips Williams
Drolet LaJoy Polidori Wojno
Elsenheimer Law, David Proos Zelenko
Emmons Law, Kathleen Robertson
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.
______
Rep. Sak moved that Rep. Hunter be excused temporarily from today's session.
The motion prevailed.
The House returned to the consideration of
House Bill No. 4733, entitled
A bill to amend 1975 PA 228, entitled "Single business tax act," (MCL 208.1 to 208.145) by adding section 35c.
(The bill was considered earlier today, see today's Journal p. 1089.)
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. 307 Yeas--106
Accavitti Espinoza Lemmons, III Rocca
Acciavatti Farhat Lemmons, Jr. Sak
Adamini Farrah Lipsey Schuitmaker
Amos Gaffney Marleau Shaffer
Anderson Garfield Mayes Sheen
Angerer Gillard McConico Sheltrown
Ball Gleason McDowell Smith, Alma
Baxter Gonzales Meisner Smith, Virgil
Bennett Gosselin Meyer Spade
Bieda Green Miller Stahl
Booher Hansen Moolenaar Stakoe
Brown Hildenbrand Moore Steil
Byrnes Hood Mortimer Stewart
Byrum Hoogendyk Murphy Taub
Casperson Hopgood Newell Tobocman
Caswell Huizenga Nitz Vagnozzi
Caul Hummel Nofs Van Regenmorter
Clack Hune Palmer Vander Veen
Clemente Jones Palsrok Walker
Condino Kahn Pastor Ward
Cushingberry Kehrl Pavlov Waters
DeRoche Kolb Pearce Wenke
Dillon Kooiman Phillips Whitmer
Donigan LaJoy Polidori Williams
Drolet Law, David Proos Wojno
Elsenheimer Law, Kathleen Robertson Zelenko
Emmons Leland
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.
Rep. Ward moved that House Bill No. 4734 be placed on its immediate passage.
The motion prevailed, a majority of the members serving voting therefor.
House Bill No. 4734, entitled
A bill to amend 1975 PA 228, entitled "Single business tax act," by amending section 38g (MCL 208.38g), as amended by 2003 PA 249.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 308 Yeas--107
Accavitti Espinoza Leland Rocca
Acciavatti Farhat Lemmons, III Sak
Adamini Farrah Lemmons, Jr. Schuitmaker
Amos Gaffney Lipsey Shaffer
Anderson Garfield Marleau Sheen
Angerer Gillard Mayes Sheltrown
Ball Gleason McConico Smith, Alma
Baxter Gonzales McDowell Smith, Virgil
Bennett Gosselin Meisner Spade
Bieda Green Meyer Stahl
Booher Hansen Miller Stakoe
Brown Hildenbrand Moolenaar Steil
Byrnes Hood Moore Stewart
Byrum Hoogendyk Mortimer Taub
Casperson Hopgood Murphy Tobocman
Caswell Huizenga Newell Vagnozzi
Caul Hummel Nitz Van Regenmorter
Clack Hune Nofs Vander Veen
Clemente Hunter Palmer Walker
Condino Jones Palsrok Ward
Cushingberry Kahn Pastor Waters
DeRoche Kehrl Pavlov Wenke
Dillon Kolb Pearce Whitmer
Donigan Kooiman Phillips Williams
Drolet LaJoy Polidori Wojno
Elsenheimer Law, David Proos Zelenko
Emmons Law, Kathleen Robertson
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.
______
Rep. Sak moved that Rep. McConico be excused temporarily from today's session.
The motion prevailed.
Rep. Ward moved that Senate Bill No. 525 be placed on its immediate passage.
The motion prevailed, a majority of the members serving voting therefor.
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 bill was read a third time.
The question being on the passage of the bill,
Rep. Huizenga moved to amend the bill as follows:
1. Amend page 8, line 6, after "section" by inserting "AND FROM THE PROCEEDS OF INVESTMENTS MADE BY THE FUND".
The motion was seconded and the amendment was adopted, a majority of the members present 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. 309 Yeas--102
Accavitti Espinoza Lemmons, Jr. Sak
Acciavatti Farhat Lipsey Schuitmaker
Adamini Farrah Marleau Shaffer
Amos Gaffney Mayes 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
Brown Hopgood Murphy Stewart
Byrnes Huizenga Newell Taub
Byrum Hummel Nitz Tobocman
Casperson Hune Nofs Vagnozzi
Caswell Hunter Palmer Van Regenmorter
Caul Jones Palsrok Vander Veen
Clack Kahn Pastor Walker
Clemente Kehrl Pavlov Ward
Condino Kolb Pearce Waters
Cushingberry Kooiman Phillips Wenke
DeRoche LaJoy Polidori Whitmer
Dillon Law, David Proos Williams
Donigan Law, Kathleen Robertson Wojno
Elsenheimer Leland Rocca Zelenko
Emmons Lemmons, III
Nays--4
Drolet Garfield Gosselin Hoogendyk
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 2003 PA 296, entitled "An act to promote investment in certain businesses; to promote economic development in this state; to provide for a Michigan early stage venture investment corporation; to prescribe the powers and duties of a Michigan early stage venture investment corporation; to prescribe the powers and duties of certain public officers and departments; to establish the Michigan early stage venture investment fund and other funds; to provide for tax credits and incentives; to authorize certain investments; to provide for the expiration of the fund; to provide or allow for appropriations; and to provide penalties and remedies," by amending sections 3, 5, 15, 17, 19, and 23 (MCL 125.2233, 125.2235, 125.2245, 125.2247, 125.2249, and 125.2253).
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.
The House returned to the consideration of
House Bill No. 4892, entitled
A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending section 30312 (MCL 324.30312), as amended by 2003 PA 14.
(The bill was considered earlier today, see today's Journal p. 1083.)
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. 310 Yeas--63
Accavitti Espinoza Kooiman Robertson
Acciavatti Farhat LaJoy Rocca
Adamini Farrah Marleau Schuitmaker
Amos Garfield McDowell Shaffer
Ball Gleason Meyer Sheen
Baxter Gonzales Moolenaar Sheltrown
Booher Gosselin Moore Stahl
Brown Green Mortimer Stakoe
Casperson Hansen Newell Steil
Caswell Hildenbrand Nitz Stewart
Caul Hoogendyk Nofs Taub
DeRoche Huizenga Palmer Van Regenmorter
Dillon Hummel Pastor Vander Veen
Drolet Hune Pavlov Ward
Elsenheimer Jones Pearce Wenke
Emmons Kahn Proos
Nays--44
Anderson Gaffney Lemmons, Jr. Smith, Alma
Angerer Gillard Lipsey Smith, Virgil
Bennett Hood Mayes Spade
Bieda Hopgood McConico Tobocman
Byrnes Hunter Meisner Vagnozzi
Byrum Kehrl Miller Walker
Clack Kolb Murphy Waters
Clemente Law, David Palsrok Whitmer
Condino Law, Kathleen Phillips Williams
Cushingberry Leland Polidori Wojno
Donigan Lemmons, III Sak Zelenko
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.
Rep. Walker moved that his name be removed as co-sponsor of the bill.
The motion prevailed.
Second Reading of Bills
Senate Bill No. 446, entitled
A bill to amend 1956 PA 218, entitled "The insurance code of 1956," by amending section 224b (MCL 500.224b), as amended by 2002 PA 621.
The bill was read a second time.
Rep. Caswell moved to amend the bill as follows:
1. Amend page 4, line 1, after "THE" by inserting "CENTERS FOR MEDICARE AND MEDICAID SERVICES APPROVED".
The motion prevailed and the amendment was adopted, a majority of the members serving voting therefor.
Rep. Ward moved that consideration of the bill be postponed temporarily.
The motion prevailed.
______
Rep. Sak moved that Rep. Virgil Smith be excused temporarily from today's session.
The motion prevailed.
Senate Bill No. 406, entitled
A bill to prescribe the procedures, terms, and conditions for the qualification or approval of school bonds and other bonds; to authorize this state to make loans to certain school districts for the payment of certain bonds and to authorize schools to borrow from this state for that purpose; to prescribe the terms and conditions of certain loans to school districts; to prescribe the powers and duties of certain state agencies and certain state and local officials; to provide for certain fees; to prescribe certain penalties; 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-1) previously recommended by the Committee on Appropriations,
The substitute (H-1) was adopted, a majority of the members serving voting therefor.
Rep. McConico moved to amend the bill as follows:
1. Amend page 5, line 9, after "9" by inserting "or that the school district is levying at least 13 mills to pay debt service on outstanding qualified bonds and loans associated with outstanding qualified bonds".
2. Amend page 6, line 8, after "9" by inserting "or the school district is levying at least 13 mills and will continue to apply the 13-mill levy to repay outstanding qualified bonds and the loans associated with those bonds".
3. Amend page 9, line 3, after "(3)" by inserting "except as provided in subsection (9),".
4. Amend page 10, following line 26, by inserting:
"(9) Notwithstanding any other provision of this act, if a school district owes the revolving fund an amount for loans made with respect to previously issued qualified bonds, and its computed millage is at least 13 mills, the state treasurer shall enter into a separate loan agreement with the school district for subsequently issued qualified bonds pursuant to which the school district may borrow and the state shall loan the school district from its general fund any amount necessary to pay the difference between what 13 mills generates and principal and interest on all its qualified bonds and outstanding loans related to outstanding qualified bonds. The loan repayment agreement under this section shall require the school district to levy 13 mills until all loans or subsequent loans have been repaid to the state.".
The question being on the adoption of the amendments offered by Rep. McConico,
Rep. McConico demanded the yeas and nays.
The demand was supported.
The question being on the adoption of the amendments offered by Rep. McConico,
The amendments were not adopted, a majority of the members serving not voting therefor, by yeas and nays, as follows:
Roll Call No. 311 Yeas--51
Accavitti Dillon Kolb Polidori
Adamini Donigan Law, Kathleen Sak
Anderson Espinoza Leland Sheltrown
Angerer Farrah Lemmons, III Smith, Alma
Bennett Gaffney Lemmons, Jr. Spade
Bieda Gillard Lipsey Tobocman
Brown Gleason Mayes Vagnozzi
Byrnes Gonzales McConico Waters
Byrum Hood McDowell Whitmer
Clack Hopgood Meisner Williams
Clemente Hune Miller Wojno
Condino Hunter Murphy Zelenko
Cushingberry Kehrl Phillips
Nays--55
Acciavatti Gosselin Moolenaar Schuitmaker
Amos Green Moore Shaffer
Ball Hansen Mortimer Sheen
Baxter Hildenbrand Newell Stahl
Booher Hoogendyk Nitz Stakoe
Casperson Huizenga Nofs Steil
Caswell Hummel Palmer Stewart
Caul Jones Palsrok Taub
DeRoche Kahn Pastor Van Regenmorter
Drolet Kooiman Pavlov Vander Veen
Elsenheimer LaJoy Pearce Walker
Emmons Law, David Proos Ward
Farhat Marleau Robertson Wenke
Garfield Meyer Rocca
In The Chair: Kooiman
Rep. Virgil Smith, 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. 311. Had I been present, I would have voted 'yea'."
Rep. Moolenaar moved to amend the bill as follows:
1. Amend page 2, line 20, after "agreement." by inserting "A qualified bond may include a bond issued to refund loans owed to the state under this act.".
The motion prevailed and the amendment was adopted, a majority of the members serving voting therefor.
Rep. Moolenaar moved to amend the bill as follows:
1. Amend page 9, line 7, after "payable." by inserting "This section does not preclude early repayment of qualified bonds or qualified loans.".
The motion prevailed and the amendment 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. 406, entitled
A bill to prescribe the procedures, terms, and conditions for the qualification or approval of school bonds and other bonds; to authorize this state to make loans to certain school districts for the payment of certain bonds and to authorize schools to borrow from this state for that purpose; to prescribe the terms and conditions of certain loans to school districts; to prescribe the powers and duties of certain state agencies and certain state and local officials; to provide for certain fees; to prescribe certain penalties; 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. 312 Yeas--106
Accavitti Espinoza Lemmons, III Rocca
Acciavatti Farhat Lemmons, Jr. Sak
Adamini Farrah Lipsey Schuitmaker
Amos Gaffney Marleau Shaffer
Anderson Garfield Mayes Sheen
Angerer Gillard McConico Sheltrown
Ball Gleason McDowell Smith, Alma
Baxter Gonzales Meisner Smith, Virgil
Bennett Gosselin Meyer Spade
Bieda Green Miller Stahl
Booher Hansen Moolenaar Stakoe
Brown Hildenbrand Moore Steil
Byrnes Hood Mortimer Stewart
Byrum Hoogendyk Murphy Taub
Casperson Hopgood Newell Tobocman
Caswell Huizenga Nitz Vagnozzi
Caul Hummel Nofs Van Regenmorter
Clack Hunter Palmer Vander Veen
Clemente Jones Palsrok Walker
Condino Kahn Pastor Ward
Cushingberry Kehrl Pavlov Waters
DeRoche Kolb Pearce Wenke
Dillon Kooiman Phillips Whitmer
Donigan LaJoy Polidori Williams
Drolet Law, David Proos Wojno
Elsenheimer Law, Kathleen Robertson Zelenko
Emmons Leland
Nays--1
Hune
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.
Second Reading of Bills
Senate Bill No. 407, entitled
A bill to amend 1985 PA 227, entitled "Shared credit rating act," by amending the title and sections 3, 7, and 8 (MCL 141.1053, 141.1057, and 141.1058), the title and sections 3 and 7 as amended by 2000 PA 416 and section 8 as amended by 2003 PA 109, and by adding section 16c.
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. Palmer moved that Rep. Van Regenmorter be excused from the balance of today's session.
The motion prevailed.
By unanimous consent the House returned to the order of
Third Reading of Bills
Senate Bill No. 407, entitled
A bill to amend 1985 PA 227, entitled "Shared credit rating act," by amending the title and sections 3, 7, and 8 (MCL 141.1053, 141.1057, and 141.1058), the title and sections 3 and 7 as amended by 2000 PA 416 and section 8 as amended by 2003 PA 109, and by adding section 16c.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 313 Yeas--105
Accavitti Espinoza Leland Robertson
Acciavatti Farhat Lemmons, III Rocca
Adamini Farrah Lemmons, Jr. Sak
Amos Gaffney Lipsey Schuitmaker
Anderson Garfield Marleau Shaffer
Angerer Gillard Mayes Sheen
Ball Gleason McConico Sheltrown
Baxter Gonzales McDowell Smith, Alma
Bennett Gosselin Meisner Smith, Virgil
Bieda Green Meyer Spade
Booher Hansen Miller Stahl
Brown Hildenbrand Moolenaar Stakoe
Byrnes Hood Moore Steil
Byrum Hoogendyk Mortimer Stewart
Casperson Hopgood Murphy Taub
Caswell Huizenga Newell Tobocman
Caul Hummel Nitz Vagnozzi
Clack Hunter Nofs Vander Veen
Clemente Jones Palmer Walker
Condino Kahn Palsrok Ward
Cushingberry Kehrl Pastor Waters
DeRoche Kolb Pavlov Wenke
Dillon Kooiman Pearce Whitmer
Donigan LaJoy Phillips Williams
Drolet Law, David Polidori Wojno
Elsenheimer Law, Kathleen Proos Zelenko
Emmons
Nays--1
Hune
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 create the Michigan municipal bond authority and to prescribe its powers and duties; to provide for the issuance of, and terms and conditions for, notes and bonds of the authority; to authorize certain forms of assistance to governmental units including the creation and management of investments; to impose conditions on, grant certain powers to political subdivisions of the state and water suppliers regarding, and allow certain agreements regarding obligations of political subdivisions of this state and water suppliers purchased by the authority; to exempt the property, income, and operation of the authority, its bonds and notes, and the interest on its bonds and notes from certain taxes; to grant powers and impose duties on officers and agencies of the state, political subdivisions of this state, and water suppliers; to accept and expend certain appropriations; and to repeal acts and parts of acts,"
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
Senate Bill No. 408, entitled
A bill to amend 1961 PA 112, entitled "An act to authorize and provide for the issuance, sale, and refunding of bonds, notes, or commercial paper of the state; to provide funds for making loans to school districts for payment of principal and interest on certain school bonds; to provide for use of moneys repaid to the state by school districts; and to make an appropriation," by amending sections 2 and 4 (MCL 388.982 and 388.984), section 2 as amended by 2000 PA 245 and section 4 as amended by 1991 PA 64.
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.
By unanimous consent the House returned to the order of
Third Reading of Bills
Senate Bill No. 408, entitled
A bill to amend 1961 PA 112, entitled "An act to authorize and provide for the issuance, sale, and refunding of bonds, notes, or commercial paper of the state; to provide funds for making loans to school districts for payment of principal and interest on certain school bonds; to provide for use of moneys repaid to the state by school districts; and to make an appropriation," by amending sections 2 and 4 (MCL 388.982 and 388.984), section 2 as amended by 2000 PA 245 and section 4 as amended by 1991 PA 64.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 314 Yeas--104
Accavitti Espinoza Leland Robertson
Acciavatti Farhat Lemmons, III Rocca
Adamini Farrah Lemmons, Jr. Sak
Amos Gaffney Lipsey Schuitmaker
Anderson Garfield Marleau Shaffer
Angerer Gillard Mayes Sheen
Ball Gleason McConico Sheltrown
Baxter Gonzales McDowell Smith, Alma
Bennett Gosselin Meisner Smith, Virgil
Bieda Green Meyer Spade
Booher Hansen Miller Stahl
Brown Hildenbrand Moolenaar Stakoe
Byrnes Hood Moore Steil
Byrum Hoogendyk Mortimer Stewart
Casperson Hopgood Murphy Taub
Caswell Huizenga Newell Tobocman
Caul Hummel Nitz Vagnozzi
Clack Hunter Nofs Vander Veen
Clemente Jones Palmer Walker
Condino Kahn Palsrok Ward
Cushingberry Kehrl Pastor Waters
Dillon Kolb Pavlov Wenke
Donigan Kooiman Pearce Whitmer
Drolet LaJoy Phillips Williams
Elsenheimer Law, David Polidori Wojno
Emmons Law, Kathleen Proos Zelenko
Nays--1
Hune
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.
Second Reading of Bills
Senate Bill No. 410, entitled
A bill to amend 1979 PA 94, entitled "The state school aid act of 1979," by amending section 17a (MCL 388.1617a), as amended by 2002 PA 71.
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.
By unanimous consent the House returned to the order of
Third Reading of Bills
Senate Bill No. 410, entitled
A bill to amend 1979 PA 94, entitled "The state school aid act of 1979," by amending section 17a (MCL 388.1617a), as amended by 2002 PA 71.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 315 Yeas--105
Accavitti Espinoza Leland Robertson
Acciavatti Farhat Lemmons, III Rocca
Adamini Farrah Lemmons, Jr. Sak
Amos Gaffney Lipsey Schuitmaker
Anderson Garfield Marleau Shaffer
Angerer Gillard Mayes Sheen
Ball Gleason McConico Sheltrown
Baxter Gonzales McDowell Smith, Alma
Bennett Gosselin Meisner Smith, Virgil
Bieda Green Meyer Spade
Booher Hansen Miller Stahl
Brown Hildenbrand Moolenaar Stakoe
Byrnes Hood Moore Steil
Byrum Hoogendyk Mortimer Stewart
Casperson Hopgood Murphy Taub
Caswell Huizenga Newell Tobocman
Caul Hummel Nitz Vagnozzi
Clack Hunter Nofs Vander Veen
Clemente Jones Palmer Walker
Condino Kahn Palsrok Ward
Cushingberry Kehrl Pastor Waters
DeRoche Kolb Pavlov Wenke
Dillon Kooiman Pearce Whitmer
Donigan LaJoy Phillips Williams
Drolet Law, David Polidori Wojno
Elsenheimer Law, Kathleen Proos Zelenko
Emmons
Nays--1
Hune
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 make appropriations to aid in the support of the public schools and the intermediate school districts of the state; to make appropriations for certain other purposes relating to education; to provide for the disbursement of the appropriations; to supplement the school aid fund by the levy and collection of certain taxes; to authorize the issuance of certain bonds and provide for the security of those bonds; to prescribe the powers and duties of certain state departments, the state board of education, and certain other boards and officials; to create certain funds and provide for their expenditure; to prescribe penalties; and to repeal acts and parts of acts,"
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
Senate Bill No. 411, entitled
A bill to amend 1927 PA 175, entitled "The code of criminal procedure," by amending section 13p of chapter XVII (MCL 777.13p), as amended by 2004 PA 418.
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.
By unanimous consent the House returned to the order of
Third Reading of Bills
Senate Bill No. 411, entitled
A bill to amend 1927 PA 175, entitled "The code of criminal procedure," by amending section 13p of chapter XVII (MCL 777.13p), as amended by 2004 PA 418.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 316 Yeas--106
Accavitti Espinoza Leland Robertson
Acciavatti Farhat Lemmons, III Rocca
Adamini Farrah Lemmons, Jr. Sak
Amos Gaffney Lipsey Schuitmaker
Anderson Garfield Marleau Shaffer
Angerer Gillard Mayes Sheen
Ball Gleason McConico Sheltrown
Baxter Gonzales McDowell Smith, Alma
Bennett Gosselin Meisner Smith, Virgil
Bieda Green Meyer Spade
Booher Hansen Miller Stahl
Brown Hildenbrand Moolenaar Stakoe
Byrnes Hood Moore Steil
Byrum Hoogendyk Mortimer Stewart
Casperson Hopgood Murphy Taub
Caswell Huizenga Newell Tobocman
Caul Hummel Nitz Vagnozzi
Clack Hune Nofs Vander Veen
Clemente Hunter Palmer Walker
Condino Jones Palsrok Ward
Cushingberry Kahn Pastor Waters
DeRoche Kehrl Pavlov Wenke
Dillon Kolb Pearce Whitmer
Donigan Kooiman Phillips Williams
Drolet LaJoy Polidori Wojno
Elsenheimer Law, David Proos Zelenko
Emmons Law, Kathleen
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, consolidate, and codify the laws relating to criminal procedure and to define the jurisdiction, powers, and duties of courts, judges, and other officers of the court under the provisions of this act; to provide laws relative to the rights of persons accused of criminal offenses and ordinance violations; to provide for the arrest of persons charged with or suspected of criminal offenses and ordinance violations; to provide for bail of persons arrested for or accused of criminal offenses and ordinance violations; to provide for the examination of persons accused of criminal offenses; to regulate the procedure relative to grand juries, indictments, informations, and proceedings before trial; to provide for trials of persons complained of or indicted for criminal offenses and ordinance violations and to provide for the procedure in those trials; to provide for judgments and sentences of persons convicted of criminal offenses and ordinance violations; to establish a sentencing commission and to prescribe its powers and duties; to provide for procedure relating to new trials and appeals in criminal and ordinance violation cases; to provide a uniform system of probation throughout this state and the appointment of probation officers; to prescribe the powers, duties, and compensation of probation officers; to provide penalties for the violation of the duties of probation officers; to provide for procedure governing proceedings to prevent crime and proceedings for the discovery of crime; to provide for fees of officers, witnesses, and others in criminal and ordinance violation cases; to set forth miscellaneous provisions as to criminal procedure in certain cases; to provide penalties for the violation of certain provisions of this act; and to repeal all acts and parts of acts inconsistent with or contravening any of the provisions of this act,"
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
The House returned to the consideration of
Senate Bill No. 446, entitled
A bill to amend 1956 PA 218, entitled "The insurance code of 1956," by amending section 224b (MCL 500.224b), as amended by 2002 PA 621.
(The bill was considered earlier today, see today's Journal, p. 1094.)
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. 446, entitled
A bill to amend 1956 PA 218, entitled "The insurance code of 1956," by amending section 224b (MCL 500.224b), as amended by 2002 PA 621.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 317 Yeas--97
Accavitti Espinoza Lemmons, III Robertson
Acciavatti Farhat Lemmons, Jr. Sak
Adamini Farrah Lipsey Shaffer
Amos Gaffney Marleau Sheen
Anderson Gillard Mayes Sheltrown
Angerer Gleason McConico Smith, Alma
Ball Gonzales McDowell Smith, Virgil
Bennett Green Meisner Spade
Bieda Hansen Meyer Stahl
Booher Hildenbrand Miller Stakoe
Brown Hood Moolenaar Steil
Byrnes Hopgood Moore Stewart
Byrum Huizenga Mortimer Taub
Casperson Hummel Murphy Tobocman
Caswell Hunter Newell Vagnozzi
Caul Jones Nitz Vander Veen
Clack Kahn Nofs Walker
Clemente Kehrl Palsrok Ward
Condino Kolb Pastor Waters
Cushingberry Kooiman Pavlov Wenke
DeRoche LaJoy Pearce Whitmer
Dillon Law, David Phillips Williams
Donigan Law, Kathleen Polidori Wojno
Elsenheimer Leland Proos Zelenko
Emmons
Nays--9
Baxter Gosselin Hune Rocca
Drolet Hoogendyk Palmer Schuitmaker
Garfield
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, consolidate, and classify the laws relating to the insurance and surety business; to regulate the incorporation or formation of domestic insurance and surety companies and associations and the admission of foreign and alien companies and associations; to provide their rights, powers, and immunities and to prescribe the conditions on which companies and associations organized, existing, or authorized under this act may exercise their powers; to provide the rights, powers, and immunities and to prescribe the conditions on which other persons, firms, corporations, associations, risk retention groups, and purchasing groups engaged in an insurance or surety business may exercise their powers; to provide for the imposition of a privilege fee on domestic insurance companies and associations and the state accident fund; to provide for the imposition of a tax on the business of foreign and alien companies and associations; to provide for the imposition of a tax on risk retention groups and purchasing groups; to provide for the imposition of a tax on the business of surplus line agents; to provide for the imposition of regulatory fees on certain insurers; to provide for assessment fees on certain health maintenance organizations; to modify tort liability arising out of certain accidents; to provide for limited actions with respect to that modified tort liability and to prescribe certain procedures for maintaining those actions; to require security for losses arising out of certain accidents; to provide for the continued availability and affordability of automobile insurance and homeowners insurance in this state and to facilitate the purchase of that insurance by all residents of this state at fair and reasonable rates; to provide for certain reporting with respect to insurance and with respect to certain claims against uninsured or self-insured persons; to prescribe duties for certain state departments and officers with respect to that reporting; to provide for certain assessments; to establish and continue certain state insurance funds; to modify and clarify the status, rights, powers, duties, and operations of the nonprofit malpractice insurance fund; to provide for the departmental supervision and regulation of the insurance and surety business within this state; to provide for regulation over worker's compensation self-insurers; to provide for the conservation, rehabilitation, or liquidation of unsound or insolvent insurers; to provide for the protection of policyholders, claimants, and creditors of unsound or insolvent insurers; to provide for associations of insurers to protect policyholders and claimants in the event of insurer insolvencies; to prescribe educational requirements for insurance agents and solicitors; to provide for the regulation of multiple employer welfare arrangements; to create an automobile theft prevention authority to reduce the number of automobile thefts in this state; to prescribe the powers and duties of the automobile theft prevention authority; to provide certain powers and duties upon certain officials, departments, and authorities of this state; to provide for an appropriation; to repeal acts and parts of acts; and to provide penalties for the violation of this act,"
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
Senate Bill No. 447, entitled
A bill to amend 1939 PA 280, entitled "The social welfare act," by amending section 109f (MCL 400.109f), as added by 2000 PA 410.
The bill was read a second time.
Rep. Caswell moved to amend the bill as follows:
1. Amend page 2, line 11, after "QUALITY" by striking out "ASSISTANCE" and inserting "ASSURANCE".
The motion prevailed and the amendment 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. 447, entitled
A bill to amend 1939 PA 280, entitled "The social welfare act," by amending section 109f (MCL 400.109f), as added by 2000 PA 410.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 318 Yeas--97
Accavitti Espinoza Lemmons, III Robertson
Acciavatti Farhat Lemmons, Jr. Sak
Adamini Farrah Lipsey Shaffer
Amos Gaffney Marleau Sheen
Anderson Gillard Mayes Sheltrown
Angerer Gleason McConico Smith, Alma
Ball Gonzales McDowell Smith, Virgil
Bennett Green Meisner Spade
Bieda Hansen Meyer Stahl
Booher Hildenbrand Miller Stakoe
Brown Hood Moolenaar Steil
Byrnes Hopgood Moore Stewart
Byrum Huizenga Mortimer Taub
Casperson Hummel Murphy Tobocman
Caswell Hunter Newell Vagnozzi
Caul Jones Nitz Vander Veen
Clack Kahn Nofs Walker
Clemente Kehrl Palsrok Ward
Condino Kolb Pastor Waters
Cushingberry Kooiman Pavlov Wenke
DeRoche LaJoy Pearce Whitmer
Dillon Law, David Phillips Williams
Donigan Law, Kathleen Polidori Wojno
Elsenheimer Leland Proos Zelenko
Emmons
Nays--9
Baxter Gosselin Hune Rocca
Drolet Hoogendyk Palmer Schuitmaker
Garfield
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 protect the welfare of the people of this state; to provide general assistance, hospitalization, infirmary and medical care to poor or unfortunate persons; to provide for compliance by this state with the social security act; to provide protection, welfare and services to aged persons, dependent children, the blind, and the permanently and totally disabled; to administer programs and services for the prevention and treatment of delinquency, dependency and neglect of children; to create a state department of social services; to prescribe the powers and duties of the department; to provide for the interstate and intercounty transfer of dependents; to create county and district departments of social services; to create within certain county departments, bureaus of social aid and certain divisions and offices thereunder; to prescribe the powers and duties of the departments, bureaus and officers; to provide for appeals in certain cases; to prescribe the powers and duties of the state department with respect to county and district departments; to prescribe certain duties of certain other state departments, officers, and agencies; to make an appropriation; to prescribe penalties for the violation of the provisions of this act; and to repeal certain parts of this act on specific dates,"
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.
By unanimous consent the House returned to the order of
Motions and Resolutions
Rep. Ward and Waters offered the following concurrent resolution:
House Concurrent Resolution No. 18.
A concurrent resolution to amend the Joint Rules of the Senate and House of Representatives.
Resolved by the House of Representatives (the Senate concurring), That Joint Rule 3 of the Joint Rules of the Senate and House of Representatives be amended to read as follows:
"Conference Committees.
Rule 3. (a) The House not concurring in the amendments of the other House shall appoint conferees and notify the amending House of its action. The amending House shall request return of the bill or resolution or appoint conferees. The conference committee shall consist of three members from each House, to be appointed as each House may determine. The first named member of the House in which the bill or resolution originated shall be chairperson of the conference committee, EXCEPT IN THE CASE OF APPROPRIATION BILLS, THE SPEAKER OR THE SENATE MAJORITY LEADER OF THE ORIGINATING HOUSE MAY APPOINT A CHAIRPERSON FROM EITHER HOUSE. Upon appointment of conferees by both Houses, the bill or resolution shall be referred to the conference committee. When one House amends or substitutes a bill, but then non-concurs in that bill as amended or substituted, those amendments or that substitute shall not be referred. The conference committee shall serve until the conference report has been adopted by both Houses or rejected by a House.
(b) The conference committees of the two Houses shall vote separately while in conference. The majority of each committee shall constitute a quorum of each committee and shall determine the position to be taken toward the propositions of the conference committee. If the conferees agree, a report shall be made which shall be signed by at least a majority of the conferees of each House who were present and voted in the conference committee meeting to adopt the report. The bill or resolution, including the original signed conference report and three copies, shall be filed in the House of origin where the question shall be on the adoption of the conference report. If the conference report is adopted, in the House of origin, the bill or resolution, including the original signed conference report, and two copies of the conference report shall be transmitted to the other House where the question shall be on the adoption of the conference report. If the conference report is adopted in the other House the bill or resolution and the original signed copy of the conference report shall be returned to the House of origin and referred for enrollment printing and presentation to the Governor, filing with the Secretary of State, or filing for record with the Secretary of the Senate or Clerk of the House of Representatives."; and be it further
Resolved by the House of Representatives (the Senate concurring), That Joint Rule 4 of the Joint Rules of the Senate and House of Representatives be amended to read as follows:
"Conference Committee Clerk.
Rule 4. The conference committee clerk shall be from the House of origin, who shall notify the Secretary of the Senate and the Clerk of the House of Representatives of all scheduled meetings for public posting and shall deliver written notice to each member of the conference committee and the majority and minority leaders of each House indicating the time and place of all scheduled meetings. Conference committees on appropriation bills may use fiscal agency personnel FROM THE SAME HOUSE AS THE CHAIRPERSON for clerks.".
Pending the reference of the concurrent resolution to a committee,
Rep. Ward moved that Rule 77 be suspended and the concurrent 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 concurrent resolution,
The concurrent resolution was adopted.
Second Reading of Bills
Senate Bill No. 279, entitled
A bill to amend 1979 PA 94, entitled "The state school aid act of 1979," by amending sections 3, 4, 6, 11, 11a, 11f, 11g, 11j, 18, 19, 20, 20j, 22a, 22b, 22d, 24, 25, 26a, 31a, 31d, 32c, 32d, 32j, 37, 39, 39a, 41, 41a, 51a, 51c, 51d, 53a, 54, 56, 57, 61a, 62, 74, 81, 94a, 98, 98b, 99, 107, 147, 158b, and 164c (MCL 388.1603, 388.1604, 388.1606, 388.1611, 388.1611a, 388.1611f, 388.1611g, 388.1611j, 388.1618, 388.1619, 388.1620, 388.1620j, 388.1622a, 388.1622b, 388.1622d, 388.1624, 388.1625, 388.1626a, 388.1631a, 388.1631d, 388.1632c, 388.1632d, 388.1632j, 388.1637, 388.1639, 388.1639a, 388.1641, 388.1641a, 388.1651a, 388.1651c, 388.1651d, 388.1653a, 388.1654, 388.1656, 388.1657, 388.1661a, 388.1662, 388.1674, 388.1681, 388.1694a, 388.1698, 388.1698b, 388.1699, 388.1707, 388.1747, 388.1758b, and 388.1764c), sections 3, 4, 6, 11f, 11g, 11j, 19, 20, 20j, 22a, 22b, 24, 26a, 31d, 32c, 32d, 32j, 37, 39a, 41, 41a, 51c, 51d, 53a, 54, 56, 57, 61a, 62, 74, 81, 94a, 98, 99, 107, 147, and 158b as amended and section 22d as added by 2004 PA 351, sections 11 and 51a as amended by 2004 PA 518, section 11a as added by 2003 PA 158, section 18 as amended by 2004 PA 414, section 25 as amended by 2000 PA 297, sections 31a and 98b as amended by 2004 PA 593, section 39 as amended by 2002 PA 191, and section 164c as added by 1995 PA 130, and by adding sections 26b and 32l; 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-1) previously recommended by the Committee on Appropriations,
The substitute (H-1) was not adopted, a majority of the members serving not voting therefor.
Rep. Hummel moved to substitute (H-2) the bill.
The motion prevailed and the substitute (H-2) was adopted, a majority of the members serving voting therefor.
Rep. Emmons moved to amend the bill as follows:
1. Amend page 22, line 5, after "THE" by striking "2004-2005" and inserting "2005-2006".
The motion did not prevail and the amendment was not adopted, a majority of the members serving not 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. 279, entitled
A bill to amend 1979 PA 94, entitled "The state school aid act of 1979," by amending sections 3, 4, 6, 11, 11a, 11f, 11g, 11j, 18, 19, 20, 20j, 22a, 22b, 22d, 24, 25, 26a, 31a, 31d, 32c, 32d, 32j, 37, 39, 39a, 41, 41a, 51a, 51c, 51d, 53a, 54, 56, 57, 61a, 62, 74, 81, 94a, 98, 98b, 99, 107, 147, 158b, and 164c (MCL 388.1603, 388.1604, 388.1606, 388.1611, 388.1611a, 388.1611f, 388.1611g, 388.1611j, 388.1618, 388.1619, 388.1620, 388.1620j, 388.1622a, 388.1622b, 388.1622d, 388.1624, 388.1625, 388.1626a, 388.1631a, 388.1631d, 388.1632c, 388.1632d, 388.1632j, 388.1637, 388.1639, 388.1639a, 388.1641, 388.1641a, 388.1651a, 388.1651c, 388.1651d, 388.1653a, 388.1654, 388.1656, 388.1657, 388.1661a, 388.1662, 388.1674, 388.1681, 388.1694a, 388.1698, 388.1698b, 388.1699, 388.1707, 388.1747, 388.1758b, and 388.1764c), sections 3, 4, 6, 11f, 11g, 11j, 19, 20, 20j, 22a, 22b, 24, 26a, 31d, 32c, 32d, 32j, 37, 39a, 41, 41a, 51c, 51d, 53a, 54, 56, 57, 61a, 62, 74, 81, 94a, 98, 99, 107, 147, and 158b as amended and section 22d as added by 2004 PA 351, sections 11 and 51a as amended by 2004 PA 518, section 11a as added by 2003 PA 158, section 18 as amended by 2004 PA 414, section 25 as amended by 2000 PA 297, sections 31a and 98b as amended by 2004 PA 593, section 39 as amended by 2002 PA 191, and section 164c as added by 1995 PA 130, and by adding sections 26b and 32l; 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. 319 Yeas--106
Accavitti Espinoza Leland Robertson
Acciavatti Farhat Lemmons, III Rocca
Adamini Farrah Lemmons, Jr. Sak
Amos Gaffney Lipsey Schuitmaker
Anderson Garfield Marleau Shaffer
Angerer Gillard Mayes Sheen
Ball Gleason McConico Sheltrown
Baxter Gonzales McDowell Smith, Alma
Bennett Gosselin Meisner Smith, Virgil
Bieda Green Meyer Spade
Booher Hansen Miller Stahl
Brown Hildenbrand Moolenaar Stakoe
Byrnes Hood Moore Steil
Byrum Hoogendyk Mortimer Stewart
Casperson Hopgood Murphy Taub
Caswell Huizenga Newell Tobocman
Caul Hummel Nitz Vagnozzi
Clack Hune Nofs Vander Veen
Clemente Hunter Palmer Walker
Condino Jones Palsrok Ward
Cushingberry Kahn Pastor Waters
DeRoche Kehrl Pavlov Wenke
Dillon Kolb Pearce Whitmer
Donigan Kooiman Phillips Williams
Drolet LaJoy Polidori Wojno
Elsenheimer Law, David Proos Zelenko
Emmons Law, Kathleen
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 1979 PA 94, entitled "An act to make appropriations to aid in the support of the public schools and the intermediate school districts of the state; to make appropriations for certain other purposes relating to education; to provide for the disbursement of the appropriations; to supplement the school aid fund by the levy and collection of certain taxes; to authorize the issuance of certain bonds and provide for the security of those bonds; to prescribe the powers and duties of certain state departments, the state board of education, and certain other boards and officials; to create certain funds and provide for their expenditure; to prescribe penalties; and to repeal acts and parts of acts," by amending sections 11, 11a, 11j, 22a, 22b, 51a, and 51c (MCL 388.1611, 388.1611a, 388.1611j, 388.1622a, 388.1622b, 388.1651a, and 388.1651c), sections 11 and 51a as amended by 2004 PA 518, section 11a as added by 2003 PA 158, and sections 11j, 22a, 22b, and 51c as amended by 2004 PA 351.
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
Motions and Resolutions
Senate Bill No. 551, entitled
A bill to amend 2004 PA 591, entitled "An act to amend 1991 PA 179, entitled "An act to regulate and insure the availability of certain telecommunication services; to prescribe the powers and duties of certain state agencies and officials; to prescribe penalties; to repeal certain acts and parts of acts; and to repeal this act on a specific date," by amending section 213 (MCL 484.2213), as amended by 2000 PA 295; and to repeal acts and parts of acts," by repealing enacting section 1.
(The bill was passed on June 28, see House Journal No. 60, p. 993.)
Rep. Ward moved to reconsider the vote by which the House passed the bill,
(For first notice, see House Journal No. 60, p. 1033.)
The question being on the motion made by Rep. Ward,
Rep. Ward moved that consideration of the motion be postponed for the day.
The motion prevailed.
Senate Bill No. 522, entitled
A bill to amend 1925 PA 368, entitled "An act to prohibit obstructions and encroachments on public highways, to provide for the removal thereof, to prescribe the conditions under which telegraph, telephone, power, and other public utility companies, cable television companies and municipalities may enter upon, construct and maintain telegraph, telephone, power or cable television lines, pipe lines, wires, cables, poles, conduits, sewers and like structures upon, over, across or under public roads, bridges, streets and waters and to provide penalties for the violation of this act," by amending section 13 (MCL 247.183), as amended by 2002 PA 151.
(The bill was passed on June 28, see House Journal No. 60, p. 992.)
Rep. Ward moved to reconsider the vote by which the House passed the bill,
(For first notice, see House Journal No. 60, p. 1033.)
The question being on the motion made by Rep. Ward,
Rep. Ward moved that consideration of the motion be postponed for the day.
The motion prevailed.
By unanimous consent the House considered House Resolution No. 105 out of numerical order.
Reps. Casperson, Nitz, Booher, Hansen, Shaffer, Stahl, Steil, Emmons, Wenke, Ball, Huizenga, Moore, Farhat, Proos, Jones, Vander Veen, Marleau, Schuitmaker, Hummel, Walker, Mayes and Sheltrown offered the following resolution:
House Resolution No. 105.
A resolution to encourage the Michigan Department of Agriculture and the Michigan Department of Environmental Quality to continue participating in the Michigan Agriculture Environmental Assurance Program and encourage the maximum participation of Michigan farmers.
Whereas, The Michigan Agriculture Environmental Assurance Program (MAEAP) is a voluntary, proactive pollution prevention program for Michigan farmers established as a result of the 1998 Pollution Prevention Strategy developed jointly by the Michigan Department of Agriculture (MDA) and the Michigan Department of Environmental Quality (DEQ). MAEAP is currently represented by a partnership of over 30 federal, state, academic, conservation, and agricultural agencies and organizations dedicated to the economic success of Michigan agriculture and to environmental stewardship; and
Whereas, MAEAP is nationally recognized for its innovative alternative approach to agricultural environmental regulation and is used as a model for partnership-based pollution prevention programs. MAEAP was selected by the Council of State Governments as a regional finalist as one of the most innovative programs among all 50 states; and
Whereas, MAEAP encompasses three systems-livestock, farmstead, and cropping-designed to help farmers evaluate the environmental risks of their operation. Farmers develop and implement economically feasible, effective, and environmentally sound pollution prevention practices; and
Whereas, Through participation in MAEAP, more and more Michigan farmers are learning how to identify and prevent pollution on their farms. Over 3,000 farmers have completed the Phase I educational component of MAEAP and over 100 farmers have completed one or all three of the system verifications. Participation in MAEAP positions farmers to participate in other pollution prevention programs at the state and federal levels; now therefore, be it
Resolved by the House of Representatives, That we encourage the MDA and the DEQ to continue participating in MAEAP and encourage the maximum participation of Michigan farmers; and be it further
Resolved, That copies of this resolution be transmitted to the Michigan Department of Agriculture and the Michigan Department of Environmental Quality.
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.
Second Reading of Bills
House Bill No. 4834, entitled
A bill to regulate the business of providing deferred presentment service transactions; to require the licensing of providers of deferred presentment service transactions; to prescribe powers and duties of certain state agencies and officials; and to prescribe penalties and provide remedies.
Was read a second time, and the question being on the adoption of the proposed substitute (H-1) previously recommended by the Committee on Banking and Financial Services,
The substitute (H-1) was not adopted, a majority of the members serving not voting therefor.
Rep. Hunter 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. Dillon moved to amend the bill as follows:
1. Amend page 22, following line 26, by inserting:
"(3) A licensee may include an arbitration provision in a deferred presentment service transaction agreement if the arbitration provision meets all of the following:
(a) Provides that the licensee agrees to pay any costs of the arbitration.
(b) Provides that an arbitration proceeding shall be held within 10 miles of the drawer's address contained in the deferred presentment service transaction agreement unless the drawer consents to another location after an arbitrable dispute occurs.
(c) Provides that an arbitration proceeding shall be conducted by a neutral arbitrator who was not and is not currently being paid by the licensee and who has no financial interest in a party to the arbitration.
(d) Requires that the arbitrator shall provide the drawer with all the substantive rights that the drawer would have if the drawer's claim were asserted in a court proceeding and shall not limit any other claim or defense the drawer has concerning the claim.".
The motion prevailed and the amendment was adopted, a majority of the members serving voting therefor.
Rep. McConico moved to amend the bill as follows:
1. Amend page 19, line 14, after "into" by striking out the balance of the line through "transaction" on line 15 and inserting "8 deferred presentment service transactions with a licensee in any 12-month period".
2. Amend page 22, line 13, after "into" by striking out the balance of the line through "transaction" on line 14 and inserting "8 deferred presentment service transactions with a licensee in any 12-month period".
The motion prevailed and the amendments were adopted, a majority of the members serving voting therefor.
Rep. Drolet moved to amend the bill as follows:
1. Amend page 2, line 6, by striking out all of subdivision (c) and relettering the remaining subdivisions.
2. Amend page 3, line 2, by striking out all of subdivision (f) and relettering the remaining subdivisions.
3. Amend page 11, line 22, after "(3)" by striking out the balance of the line through "a" on line 24 and inserting "A".
4. Amend page 12, line 21, by striking out all of section 22.
5. Amend page 20, line 18, by striking out all of subdivision (e) and relettering the remaining subdivisions.
6. Amend page 23, line 4, after "interest." by striking out the balance of the line through "does" on line 7 and inserting "The service fee shall".
7. Amend page 23, line 9, by striking out "(i)" and inserting "(a)".
8. Amend page 23, line 11, by striking out "(ii)" and inserting "(b)".
9. Amend page 23, line 13, by striking out "(iii)" and inserting "(c)".
10. Amend page 23, line 15, by striking out "(iv)" and inserting "(d)".
11. Amend page 23, line 17, by striking out "(v)" and inserting "(e)".
12. Amend page 23, line 19, by striking out "(vi)" and inserting "(f)".
13. Amend page 23, line 21, by striking out all of subdivision (b).
14. Amend page 26, line 6, after "Sec. 34." by striking out "(1)".
15. Amend page 26, line 7, after "doing" by striking out the balance of the line through "applicable" on line 8 and inserting "both of the following".
16. Amend page 26, line 9, after "(a)" by striking out the balance of the line through "verifying" on line 11 and inserting "Verifying".
17. Amend page 26, line 17, after "(b)" by striking out the balance of the line through "upon" on line 3 of page 27 and inserting "Obtaining".
18. Amend page 27, line 10, by striking out the balance of the section.
19. Amend page 29, line 27, after "the" by striking out the balance of the line through "to" on line 4 of page 30 and inserting "licensee shall".
20. Amend page 30, line 22, by striking out all of subsection (4) and renumbering the remaining subsections.
21. Amend page 34, line 4, by striking out all of subsection (9).
The motion did not prevail and the amendments were not adopted, a majority of the members serving not voting therefor.
Rep. Robertson moved to amend the bill as follows:
1. Amend page 8, line 13, after "(1)," by inserting "except as provided in this subsection,".
2. Amend page 8, line 16, after "commissioner." by inserting "However, if 1 person owns 20% or more of the ownership interest in 2 or more licensees, the group of licensees having that common ownership are only obligated to furnish 1 $50,000.00 surety bond.".
The motion prevailed and the amendments were adopted, a majority of the members serving voting therefor.
Rep. Robertson moved to amend the bill as follows:
1. Amend page 5, line 11, after "By" by striking out "July 1, 2006" and inserting "December 31, 2007".
2. Amend page 11, line 7, after "Before" by striking out "October 1, 2006" and inserting "April 1, 2007".
3. Amend page 11, line 9, after "on" by striking out "September 30, 2007" and inserting "September 30, 2008".
4. Amend page 44, following line 21, by inserting:
"Enacting section 1. This act takes effect July 31, 2007.".
The motion prevailed and the amendments were adopted, a majority of the members serving voting therefor.
Rep. McConico 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. 4834, entitled
A bill to regulate the business of providing deferred presentment service transactions; to require the licensing of providers of deferred presentment service transactions; to prescribe powers and duties of certain state agencies and officials; 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. 320 Yeas--99
Accavitti Espinoza Law, Kathleen Robertson
Acciavatti Farhat Leland Rocca
Adamini Farrah Lemmons, III Sak
Amos Gaffney Lemmons, Jr. Shaffer
Anderson Garfield Lipsey Sheen
Angerer Gillard Marleau Sheltrown
Ball Gleason Mayes Smith, Alma
Baxter Gonzales McConico Smith, Virgil
Bennett Gosselin McDowell Spade
Bieda Green Meisner Stahl
Booher Hansen Meyer Stakoe
Brown Hildenbrand Miller Steil
Byrnes Hood Moore Stewart
Byrum Hoogendyk Mortimer Taub
Casperson Hopgood Murphy Tobocman
Caswell Huizenga Newell Vagnozzi
Caul Hummel Nitz Vander Veen
Clack Hune Nofs Ward
Clemente Hunter Palsrok Waters
Condino Jones Pastor Wenke
Cushingberry Kehrl Pavlov Whitmer
DeRoche Kolb Pearce Williams
Dillon Kooiman Phillips Wojno
Donigan LaJoy Polidori Zelenko
Elsenheimer Law, David Proos
Nays--7
Drolet Kahn Palmer Walker
Emmons Moolenaar Schuitmaker
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.
By unanimous consent the House returned to the order of
Motions and Resolutions
Rep. Ward moved to suspend that portion of Rule 44 requiring bills to be handed to the Clerk three hours prior to calling the House to order.
The motion prevailed, 3/5 of the members present voting therefor.
Rep. Condino moved that the Committee on Employment Relations, Training, and Safety be discharged from further consideration of House Bill No. 4514.
(For first notice see House Journal No. 60, p. 1034.)
The question being on the motion made by Rep. Condino,
Rep. Condino demanded the yeas and nays.
The demand was supported.
The question being on the motion made by Rep. Condino,
The motion prevailed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 321 Yeas--106
Accavitti Espinoza Leland Robertson
Acciavatti Farhat Lemmons, III Rocca
Adamini Farrah Lemmons, Jr. Sak
Amos Gaffney Lipsey Schuitmaker
Anderson Garfield Marleau Shaffer
Angerer Gillard Mayes Sheen
Ball Gleason McConico Sheltrown
Baxter Gonzales McDowell Smith, Alma
Bennett Gosselin Meisner Smith, Virgil
Bieda Green Meyer Spade
Booher Hansen Miller Stahl
Brown Hildenbrand Moolenaar Stakoe
Byrnes Hood Moore Steil
Byrum Hoogendyk Mortimer Stewart
Casperson Hopgood Murphy Taub
Caswell Huizenga Newell Tobocman
Caul Hummel Nitz Vagnozzi
Clack Hune Nofs Vander Veen
Clemente Hunter Palmer Walker
Condino Jones Palsrok Ward
Cushingberry Kahn Pastor Waters
DeRoche Kehrl Pavlov Wenke
Dillon Kolb Pearce Whitmer
Donigan Kooiman Phillips Williams
Drolet LaJoy Polidori Wojno
Elsenheimer Law, David Proos Zelenko
Emmons Law, Kathleen
Nays--0
In The Chair: Kooiman
Rep. Ward moved that Rule 45(c) be suspended.
The motion prevailed, 3/5 of the members present voting therefor.
The bill was placed on the order of Second Reading of Bills.
Rep. Meisner moved that the Committee on Employment Relations, Training, and Safety be discharged from further consideration of House Bill No. 4515.
(For first notice see House Journal No. 60, p. 1034.)
The question being on the motion made by Rep. Meisner,
Rep. Meisner demanded the yeas and nays.
The demand was supported.
The question being on the motion made by Rep. Meisner,
The motion prevailed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 322 Yeas--105
Accavitti Espinoza Leland Robertson
Acciavatti Farhat Lemmons, III Rocca
Adamini Farrah Lemmons, Jr. Sak
Amos Gaffney Lipsey Schuitmaker
Anderson Garfield Marleau Shaffer
Angerer Gillard Mayes Sheen
Ball Gleason McConico Sheltrown
Baxter Gonzales McDowell Smith, Alma
Bennett Gosselin Meisner Smith, Virgil
Bieda Green Meyer Spade
Booher Hansen Miller Stahl
Brown Hildenbrand Moolenaar Stakoe
Byrnes Hoogendyk Moore Steil
Byrum Hopgood Mortimer Stewart
Casperson Huizenga Murphy Taub
Caswell Hummel Newell Tobocman
Caul Hune Nitz Vagnozzi
Clack Hunter Nofs Vander Veen
Clemente Jones Palmer Walker
Condino Kahn Palsrok Ward
Cushingberry Kehrl Pastor Waters
DeRoche Kolb Pavlov Wenke
Dillon Kooiman Pearce Whitmer
Donigan LaJoy Phillips Williams
Drolet Law, David Polidori Wojno
Elsenheimer Law, Kathleen Proos Zelenko
Emmons
Nays--0
In The Chair: Kooiman
Rep. Ward moved that Rule 45(c) be suspended.
The motion prevailed, 3/5 of the members present voting therefor.
The bill was placed on the order of Second Reading of Bills.
Rep. Miller moved that the Committee on Employment Relations, Training, and Safety be discharged from further consideration of House Bill No. 4517.
(For first notice see House Journal No. 60, p. 1034.)
The question being on the motion made by Rep. Miller,
Rep. Miller demanded the yeas and nays.
The demand was supported.
The question being on the motion made by Rep. Miller,
The motion prevailed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 323 Yeas--106
Accavitti Espinoza Leland Robertson
Acciavatti Farhat Lemmons, III Rocca
Adamini Farrah Lemmons, Jr. Sak
Amos Gaffney Lipsey Schuitmaker
Anderson Garfield Marleau Shaffer
Angerer Gillard Mayes Sheen
Ball Gleason McConico Sheltrown
Baxter Gonzales McDowell Smith, Alma
Bennett Gosselin Meisner Smith, Virgil
Bieda Green Meyer Spade
Booher Hansen Miller Stahl
Brown Hildenbrand Moolenaar Stakoe
Byrnes Hood Moore Steil
Byrum Hoogendyk Mortimer Stewart
Casperson Hopgood Murphy Taub
Caswell Huizenga Newell Tobocman
Caul Hummel Nitz Vagnozzi
Clack Hune Nofs Vander Veen
Clemente Hunter Palmer Walker
Condino Jones Palsrok Ward
Cushingberry Kahn Pastor Waters
DeRoche Kehrl Pavlov Wenke
Dillon Kolb Pearce Whitmer
Donigan Kooiman Phillips Williams
Drolet LaJoy Polidori Wojno
Elsenheimer Law, David Proos Zelenko
Emmons Law, Kathleen
Nays--0
In The Chair: Kooiman
Rep. Ward moved that Rule 45(c) be suspended.
The motion prevailed, 3/5 of the members present voting therefor.
The bill was placed on the order of Second Reading of Bills.
Rep. Gonzales moved that the Committee on Employment Relations, Training, and Safety be discharged from further consideration of House Bill No. 4518.
(For first notice see House Journal No. 60, p. 1034.)
The question being on the motion made by Rep. Gonzales,
Rep. Gonzales demanded the yeas and nays.
The demand was supported.
The question being on the motion made by Rep. Gonzales,
The motion prevailed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 324 Yeas--106
Accavitti Espinoza Leland Robertson
Acciavatti Farhat Lemmons, III Rocca
Adamini Farrah Lemmons, Jr. Sak
Amos Gaffney Lipsey Schuitmaker
Anderson Garfield Marleau Shaffer
Angerer Gillard Mayes Sheen
Ball Gleason McConico Sheltrown
Baxter Gonzales McDowell Smith, Alma
Bennett Gosselin Meisner Smith, Virgil
Bieda Green Meyer Spade
Booher Hansen Miller Stahl
Brown Hildenbrand Moolenaar Stakoe
Byrnes Hood Moore Steil
Byrum Hoogendyk Mortimer Stewart
Casperson Hopgood Murphy Taub
Caswell Huizenga Newell Tobocman
Caul Hummel Nitz Vagnozzi
Clack Hune Nofs Vander Veen
Clemente Hunter Palmer Walker
Condino Jones Palsrok Ward
Cushingberry Kahn Pastor Waters
DeRoche Kehrl Pavlov Wenke
Dillon Kolb Pearce Whitmer
Donigan Kooiman Phillips Williams
Drolet LaJoy Polidori Wojno
Elsenheimer Law, David Proos Zelenko
Emmons Law, Kathleen
Nays--0
In The Chair: Kooiman
Rep. Ward moved that Rule 45(c) be suspended.
The motion prevailed, 3/5 of the members present voting therefor.
The bill was placed on the order of Second Reading of Bills.
Rep. Gleason moved that the Committee on Employment Relations, Training, and Safety be discharged from further consideration of House Bill No. 4519.
(For first notice see House Journal No. 60, p. 1034.)
The question being on the motion made by Rep. Gleason,
Rep. Gleason demanded the yeas and nays.
The demand was supported.
The question being on the motion made by Rep. Gleason,
The motion prevailed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 325 Yeas--106
Accavitti Espinoza Leland Robertson
Acciavatti Farhat Lemmons, III Rocca
Adamini Farrah Lemmons, Jr. Sak
Amos Gaffney Lipsey Schuitmaker
Anderson Garfield Marleau Shaffer
Angerer Gillard Mayes Sheen
Ball Gleason McConico Sheltrown
Baxter Gonzales McDowell Smith, Alma
Bennett Gosselin Meisner Smith, Virgil
Bieda Green Meyer Spade
Booher Hansen Miller Stahl
Brown Hildenbrand Moolenaar Stakoe
Byrnes Hood Moore Steil
Byrum Hoogendyk Mortimer Stewart
Casperson Hopgood Murphy Taub
Caswell Huizenga Newell Tobocman
Caul Hummel Nitz Vagnozzi
Clack Hune Nofs Vander Veen
Clemente Hunter Palmer Walker
Condino Jones Palsrok Ward
Cushingberry Kahn Pastor Waters
DeRoche Kehrl Pavlov Wenke
Dillon Kolb Pearce Whitmer
Donigan Kooiman Phillips Williams
Drolet LaJoy Polidori Wojno
Elsenheimer Law, David Proos Zelenko
Emmons Law, Kathleen
Nays--0
In The Chair: Kooiman
Rep. Ward moved that Rule 45(c) be suspended.
The motion prevailed, 3/5 of the members present voting therefor.
The bill was placed on the order of Second Reading of Bills.
Rep. Ward moved that the Committee on Tax Policy be discharged from further consideration of House Bill No. 4804.
(For first notice see House Journal No. 60, p. 1034.)
The question being on the motion made by Rep. Ward,
The motion prevailed, a majority of the members present voting therefor.
Rep. Ward moved that Rule 45(c) be suspended.
The motion prevailed, 3/5 of the members present voting therefor.
The bill was placed on the order of Second Reading of Bills.
Rep. Ward moved that the Committee on Tax Policy be discharged from further consideration of House Bill No. 4808.
(For first notice see House Journal No. 60, p. 1034.)
The question being on the motion made by Rep. Ward,
The motion prevailed, a majority of the members present voting therefor.
Rep. Ward moved that Rule 45(c) be suspended.
The motion prevailed, 3/5 of the members present voting therefor.
The bill was placed on the order of Second Reading of Bills.
______
Rep. Ward moved that House Committees be given leave to meet during the balance of today's session.
The motion prevailed.
Reps. Green, Adamini, Anderson, Bieda, Brown, Byrnes, Caswell, Caul, Cushingberry, Elsenheimer, Farhat, Farrah, Hopgood, Kooiman, Lipsey, Miller, Pearce, Phillips, Sak, Stakoe, Tobocman, Vagnozzi, Wojno, Accavitti, Baxter, Booher, Gillard, Gonzales, Gosselin, Hansen, Hildenbrand, Marleau, Meyer, Polidori, Alma Smith, Taub, Vander Veen, Zelenko, Ball, Byrum, Clack, Condino, Gleason, Huizenga, Kolb, Leland, Mayes, McDowell, Mortimer, Nofs, Pastor, Rocca, Shaffer, Stahl, Murphy and Waters offered the following resolution:
House Resolution No. 102.
A resolution recognizing Michigan's food banks for the invaluable service they provide to the residents of this state.
Whereas, One in seven people in the United States does not know where their next meal is coming from. In Michigan, a million people are low income and may face a food shortage this year. In 2004, Michigan's food banks distributed 73 million pounds of groceries in all 83 counties of Michigan, valued at $110 million. Thousands of Michigan residents volunteer their time to food banks, with volunteer labor valued at $7 million in 2004; and
Whereas, Adequate food and nutrition is essential for health, learning, productivity, and family stability. Hunger is not about calories; it is about securing an acceptable, healthy, safe food supply for a family and knowing it is there day after day. Only 37% of the people who use food banks are using the food stamp program. Cumbersome application processes, stigma, transportation, and confusion about eligibility often hinder participation in public programs. People with food shortages are turning to the non-profit, charity network when they need help; and
Whereas, Hunger is about poverty. It knows no boundaries. Hunger is an emergency that strikes people in rural, suburban, and urban communities. Forty percent of Michigan's hungry live in rural and suburban areas. Fifty percent of those who receive food from emergency food providers are seniors and children. Many seniors struggle on a fixed income with medical expenses eating up much of their available cash; and
Whereas, Food banks and emergency food providers are serving more working poor families than ever. Job losses, plant closings, and financial emergencies often cause families to choose between paying rent and buying food. Of households using food banks, 40% have at least one person working; now, therefore, be it
Resolved by the House of Representatives, That members of this legislative body recognize those organizations that make it their mission to feed the hungry in Michigan, and all those who volunteer their time to help accomplish this goal; and be it further
Resolved, That a copy of this resolution be transmitted to the Food Bank Council of Michigan and Mel Trotter Ministries as evidence of our support for the invaluable service they provide to this state and its residents.
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. Kathleen Law, Hopgood, Kolb, Alma Smith, Lipsey, Anderson, Plakas, Clack, McConico, Murphy, Zelenko, Waters, Meisner, Cushingberry, Adamini, Bieda, Brown, Byrnes, Farrah, Green, Kehrl, Lemmons, Jr., Miller, Pearce, Phillips, Sak, Stakoe, Tobocman, Vagnozzi, Wojno, Accavitti, Gonzales, Marleau, Polidori, Ball, Byrum, Condino, Gleason, Leland, McDowell, Mortimer, Nofs and Shaffer offered the following resolution:
House Resolution No. 103.
A resolution to memorialize the Congress of the United States to hold public hearings on the effects of mercury exposure on public health.
Whereas, The medical and scientific communities have concluded that mercury is a serious threat to public health. Exposure to the metallic, inorganic, and organic forms of mercury can permanently damage the human brain and kidney. The developing fetus is particularly vulnerable to the toxic effects of mercury passed through the mother's blood and may suffer permanent brain damage, mental retardation, incoordination, blindness, seizures, and the inability to speak. Mercury can also damage the central nervous and digestive systems of infants and young children; and
Whereas, Mercury is ubiquitous in our environment and is still found in many products used in our homes, schools, and health care system. Mercury bioaccumulates in fish and wildlife causing many states and the United States Food and Drug Administration to restrict the consumption of sport and commercial fish based on the high levels of mercury in the fish. Mercury is still used in many products, including thermometers and light switches that have been linked to spills causing evacuations of schools. Until 1999 a mercury-containing preservative was widely used in vaccines and only recently has use of this preservative been eliminated from the vaccines routinely administered to newborns. Nevertheless, this mercury-containing preservative is still found in some vaccines administered to children; and
Whereas, Mercury is continually released into the air by a variety of man-made and natural sources, including power plants, cement kilns, incinerators, volcanoes, and oceans. These sources emit different forms of mercury, which may be carried short or long distances in the air before falling to the earth. Much of the mercury emitted to the air finds its way into fish that are eaten by people and wildlife. The effectiveness of pollution control technologies is also highly dependent on the form of mercury emitted. Scientists are still trying to understand how different forms of mercury travel in the air, fall to the earth, and become available for uptake by fish; now, therefore, be it
Resolved by the House of Representatives, That we memorialize the Congress of the United States to hold public hearings on the hazards of mercury exposure; promote research on ways to reduce mercury exposure; and spur action to control mercury emissions; 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 resolution was referred to the Committee on Government Operations.
Reps. Sak, Kooiman, Hildenbrand, Adamini, Anderson, Brown, Byrnes, Caul, Cushingberry, Elsenheimer, Farrah, Green, Hopgood, Kehrl, Lemmons, Jr., Lipsey, Pearce, Phillips, Plakas, Proos, Sheltrown, Stakoe, Vagnozzi, Wojno, Accavitti, Booher, Gonzales, Gosselin, Hansen, Marleau, Meyer, Polidori, Alma Smith, Spade, Vander Veen, Zelenko, Ball, Byrum, Clack, Condino, Gleason, Kolb, Leland, Mayes, McDowell, Mortimer, Pastor, Murphy, and Waters offered the following resolution:
House Resolution No. 104.
A resolution honoring the 2005 Grand Rapids Community College Raiders Baseball Team on winning the National Junior College Athletic Association Division II World Series title.
Whereas, It is a great privilege and an honor to salute the Grand Rapids Community College Baseball Team on winning the National Junior Athletic Association Division II World Series title. Grand Rapids Community College won the title with a 2-0 win over Parkland Illinois College; and
Whereas, The games were played in Florida, where Grand Rapids Community College Coach Mike Cupples celebrated his first title as head coach. Mike Cupples had served as an assistant under former Head Coach Doug Wabeke since 1992 before taking the position as head coach this year; and
Whereas, The Grand Rapids Community College Raiders Baseball Team became the first team in the Division II league to win the World Series for the third year in a row; and
Whereas, The Raiders Team players to be honored are: Mike Banks, David Buckley, Jason Greening, Ben Knuth, Eric Lawrence, Scott Marks, Cale Ort, Matt Parker, Mitch Scholten, Kevin Chalifour, Chris Rigley, Brian Baker, Mike Lepor, Destan Makonnen, Justin McKenzie, Matt Nunn, Tom Seehafer, Drew Slagter, W.J. Behlke, Matt Garrett, John Gregory, Drew Jenison, Steve Warners, and Nick Williams; and
Whereas, The Raiders Head Coach Mike Cupples, who led the team for his first season, along with Coaches Tom Vos, Jeff Siler, Mike Eddington, Billy Peterson and Trainer Mike Roche are to be honored as well; and
Resolved by the House of Representatives, That the members of this legislative body honor the 2005 Grand Rapids Community College Raiders Baseball Team on winning the National Junior College Athletic Association Division II World Series title. We offer praise to Coach Mike Cupples and the 2005 Raiders Baseball Team; and be it further
Resolved, That a copy of this resolution be transmitted to Coach Cupples, the Grand Rapids Community College Raiders Baseball Team, Grand Rapids Community College President Juan Olivarez, and the Grand Rapids Community College Board of Trustees as evidence of our admiration and esteem.
Pending the reference of the resolution to a committee,
Rep. Ward moved that Rule 77 be suspended and the resolution be considered at this time.
The motion prevailed, 3/5 of the members present voting therefor.
The question being on the adoption of the resolution,
The resolution was adopted.
Reports of Standing Committees
The Committee on Judiciary, by Rep. Van Regenmorter, Chair, reported
House Bill No. 4673, entitled
A bill to amend 1931 PA 328, entitled "The Michigan penal code," (MCL 750.1 to 750.568) by adding section 317a.
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, Lipsey, Adamini, Bieda and Virgil Smith
Nays: None
The Committee on Judiciary, by Rep. Van Regenmorter, Chair, reported
House Bill No. 4674, entitled
A bill to amend 1927 PA 175, entitled "The code of criminal procedure," by amending section 16p of chapter XVII (MCL 777.16p), as amended by 2000 PA 279.
With the recommendation that the following amendment be adopted and that the bill then pass.
1. Amend page 2, following line 8, by inserting:
"Enacting section 1. This amendatory act takes effect January 1, 2006." and renumbering the remaining enacting section.
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, Lipsey, Adamini, Bieda and Virgil Smith
Nays: None
The Committee on Judiciary, by Rep. Van Regenmorter, Chair, reported
House Bill No. 4753, entitled
A bill to amend 1931 PA 328, entitled "The Michigan penal code," (MCL 750.1 to 750.568) by adding section 168a.
With the recommendation that the following amendment be adopted and that the bill then pass.
1. Amend page 2, following line 5, by inserting:
"Enacting section 1. This amendatory act takes effect January 1, 2006.".
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, Lipsey, Adamini and Bieda
Nays: None
The Committee on Judiciary, by Rep. Van Regenmorter, Chair, reported
House Bill No. 4865, entitled
A bill to amend 1931 PA 328, entitled "The Michigan penal code," (MCL 750.1 to 750.568) by adding section 217f.
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, Lipsey, Adamini, Bieda and Virgil Smith
Nays: None
The Committee on Judiciary, by Rep. Van Regenmorter, Chair, reported
House Bill No. 4866, entitled
A bill to amend 1927 PA 175, entitled "The code of criminal procedure," by amending section 16l of chapter XVII (MCL 777.16l), as amended by 2003 PA 16.
With the recommendation that the following amendment be adopted and that the bill then pass.
1. Amend page 3, following line 1, by inserting:
"Enacting section 1. This amendatory act takes effect January 1, 2006." and renumbering the remaining enacting section.
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, Lipsey, Adamini, Bieda and Virgil Smith
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, June 29, 2005
Present: Reps. Van Regenmorter, Schuitmaker, Newell, Nofs, Stakoe, Elsenheimer, Jones, David Law, Rocca, Lipsey, Adamini, Bieda and Virgil Smith
Absent: Reps. Condino and McConico
Excused: Reps. Condino and McConico
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Huizenga, Chair, of the Committee on Commerce, was received and read:
Meeting held on: Wednesday, June 29, 2005
Present: Reps. Huizenga, Baxter, Emmons, Palsrok, Wenke, Green, Hildenbrand, Jones, Marleau, Pavlov, Schuitmaker, Meisner, Tobocman, Murphy, Dillon, Bennett and Accavitti
Absent: Reps. David Law and McConico
Excused: Reps. David Law and McConico
Notices
I hereby give notice that on the next legislative session day I will move to discharge the Committee on Employment Relations, Training, and Safety from further consideration of House Bill No. 4516.
Rep. Lemmons, Jr.
Introduction of Bills
Rep. Caswell introduced
House Bill No. 5016, entitled
A bill to amend 1976 PA 451, entitled "The revised school code," (MCL 380.1 to 380.1852) by adding section 1255a.
The bill was read a first time by its title and referred to the Committee on Education.
Reps. Sheltrown, Kehrl, Alma Smith and Farrah introduced
House Bill No. 5017, entitled
A bill to amend 1954 PA 116, entitled "Michigan election law," by amending sections 759 and 761 (MCL 168.759 and 168.761), section 759 as amended by 1995 PA 261 and section 761 as amended by 1996 PA 207.
The bill was read a first time by its title and referred to the Committee on House Oversight, Elections, and Ethics.
Reps. Sheltrown, Alma Smith, Kehrl and Farrah introduced
House Bill No. 5018, entitled
A bill to amend 1927 PA 175, entitled "The code of criminal procedure," by amending section 11d of chapter XVII (MCL 777.11d), as added by 2002 PA 31.
The bill was read a first time by its title and referred to the Committee on House Oversight, Elections, and Ethics.
Reps. Casperson, Farhat, Sheen, Schuitmaker, Newell, Emmons, Hansen and Marleau introduced
House Bill No. 5019, entitled
A bill to amend 1949 PA 300, entitled "Michigan vehicle code," by amending section 244 (MCL 257.244), as amended by 2002 PA 642.
The bill was read a first time by its title and referred to the Committee on Transportation.
Rep. Baxter introduced
House Bill No. 5020, entitled
A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending section 31104 (MCL 324.31104), as added by 1995 PA 59.
The bill was read a first time by its title and referred to the Committee on Natural Resources, Great Lakes, Land Use, and Environment.
Rep. Green introduced
House Bill No. 5021, entitled
A bill to amend 1975 PA 228, entitled "Single business tax act," by amending section 9 (MCL 208.9), as amended by 2004 PA 258, and by adding section 35e.
The bill was read a first time by its title and referred to the Committee on Banking and Financial Services.
Rep. Robertson introduced
House Bill No. 5022, 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, and by adding section 272.
The bill was read a first time by its title and referred to the Committee on Banking and Financial Services.
Reps. Hildenbrand and Elsenheimer introduced
House Bill No. 5023, entitled
A bill to amend 1927 PA 175, entitled "The code of criminal procedure," (MCL 760.1 to 777.69) by adding section 1k to chapter IX.
The bill was read a first time by its title and referred to the Committee on Judiciary.
Rep. Taub introduced
House Bill No. 5024, entitled
A bill to amend 1961 PA 236, entitled "Revised judicature act of 1961," by amending section 919 (MCL 600.919).
The bill was read a first time by its title and referred to the Committee on Judiciary.
Reps. Hildenbrand, Vander Veen, Gaffney and Mortimer introduced
House Bill No. 5025, entitled
A bill to amend 1978 PA 368, entitled "Public health code," by amending section 16204 (MCL 333.16204), as added by 1994 PA 234.
The bill was read a first time by its title and referred to the Committee on Health Policy.
Reps. Emmons, Hune, Mortimer, Hildenbrand, Farrah, Leland, Marleau, Stahl and Gaffney introduced
House Bill No. 5026, entitled
A bill to regulate warranties on motor vehicle protection products; to provide for the powers and duties of certain state officers and entities; and to prescribe civil sanctions.
The bill was read a first time by its title and referred to the Committee on Insurance.
Reps. Hunter, Tobocman, Mayes, Kolb, Green, Lipsey, McConico, Murphy, Clemente, Dillon, Farrah, Hune, Leland and Lemmons, III introduced
House Bill No. 5027, entitled
A bill to permit the establishment and maintenance of individual or family development accounts; to provide for certain tax deductions and tax credits; to prescribe the requirements of and restrictions on individual or family development accounts; and to provide penalties and remedies.
The bill was read a first time by its title and referred to the Committee on Banking and Financial Services.
Reps. Palsrok, Casperson, Farhat, Nofs, Kolb, Proos, Farrah, Garfield, Gosselin, Tobocman, Huizenga, Stahl, Lipsey, Amos and Lemmons, III introduced
House Bill No. 5028, entitled
A bill to create and provide for the operation of the Michigan port authority; to provide for the creation and appointment of a board to govern the authority and to prescribe its powers and duties; to provide for the powers and duties of the authority; to extend protections against certain liabilities to the authority; to provide for the issuance of certain bonds, notes, and other obligations; to facilitate the use and development of authority property and port facilities; to promote economic growth; to exempt property, income, and operations of an authority from tax; and to provide an appropriation.
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. Hunter, Kolb, Gillard, Gaffney, Palsrok, Proos, Farrah, Garfield, Gosselin, McConico, Leland, Tobocman, Huizenga, Stahl, Lipsey, Amos, Cheeks and Lemmons, III introduced
House Bill No. 5029, entitled
A bill to amend 1978 PA 639, entitled "Hertel-Law-T. Stopczynski port authority act," by amending sections 2, 4, 8, 9, 12, 13, 14, 15, 16, 18, 22, 23, and 24 (MCL 120.102, 120.104, 120.108, 120.109, 120.112, 120.113, 120.114, 120.115, 120.116, 120.118, 120.122, 120.123, and 120.124), sections 14 and 18 as amended by 2002 PA 412 and section 23 as amended by 1984 PA 256, and by adding sections 1a, 1b, 7a, 18a, 31, and 32; and to repeal acts and parts of acts.
The bill was read a first time by its title and referred to the Committee on Natural Resources, Great Lakes, Land Use, and Environment.
______
Rep. Jones moved that the House adjourn.
The motion prevailed, the time being 11:20 p.m.
The Speaker Pro Tempore declared the House adjourned until Thursday, June 30, at 10:30 a.m.
GARY L. RANDALL
Clerk of the House of Representatives