No. 69

STATE OF MICHIGAN

JOURNAL

OF THE

House of Representatives

93rd Legislature


REGULAR SESSION OF 2005


House Chamber, Lansing, Wednesday, August 17, 2005.

1:00 p.m.

The House was called to order by the Clerk.

The roll was called by the Clerk of the House of Representatives, who announced that a quorum was not present.

Rep. Ed Clemente, from the 14th District, offered the following invocation:

"Ben Sweetland once said that success is measured in the journey we take not the destination we desire.

Please give us the ability to do a daily self assessment during our short time on earth.

We must always learn to be adaptable and evolve into better people that care for things greater than ourselves, whether it be other individuals or the greater community.

Let us recognize our strengths; rise and adjust to our weaknesses; embrace future challenges; and prepare and capitalize on new opportunities as they reveal themselves to us.

Thank You for this chance to take a time out from our path to see if we are heading in the direction we wish to go, and traveling in the vehicle we wish to arrive in. Amen."

Communications from State Officers

The following communication from the Secretary of State was received and read:

Notice of Filing

Administrative Rules

July 22, 2005

In accordance with the provisions of Section 46(1) of Act 306, Public Acts of 1969, as amended, and Executive Order 1995-6 this is to advise you that the Michigan Department of Labor and Economic Growth, State Office of Administrative Hearings and Rules filed at 3:20 P.M. this date, administrative rule (05-07-01) for the Department of Labor and Economic Growth, Director's Office, entitled "Occupational Health Standards (OH 3304)", effective immediately upon filing with the Secretary of State.

Sincerely,

Terri Lynn Land

Secretary of State

Robin Houston, Office Supervisor

Office of the Great Seal

The communication was referred to the Clerk.

The following communication from the Department of Corrections was received and read:

August 9, 2005

Michigan Compiled Laws 791.220g requires the Department of Corrections to report to the Senate and House committees responsible for legislation concerning corrections and to the Clerk of the House of Representatives and the Secretary of the Senate, on the operation of the Michigan Youth Correctional Facility. Attached is a copy of that report as required by statute.

If you have questions regarding this report, or request additional information, please feel free to contact me.

Sincerely,

Heidi Washington

Administrative Assistant

The communication was referred to the Clerk.

The following communications from the Department of Human Services were received and read:

August 2, 2005

Pursuant to Section 1002 of P.A. 344 of 2004, we are enclosing a copy of the following reports:

Type of ReportFacilityReport #License #

Special Investigation Report Woodland Center 2005C0207013 CS470245817

This report was performed in compliance with the requirements of P.A. 116 of 1973 as amended, and the Administrative Rules for Child Caring Institutions. The report may also be viewed on our website, within 48 hours, under "News, Publications & Information" at the following address: http://www.michigan.gov/fia/.

If you have any questions regarding this information, please feel free to contact Miriam E.J. Bullock at 517-373-8383.

August 10, 2005

Pursuant to Section 1002 of P.A. 344 of 2004, we are enclosing a copy of the following reports:

Type of ReportFacilityReport #License #

Special Investigation Arbor Heights Community Justice 2005C02070014 CS810200952

This report was performed in compliance with the requirements of P.A. 116 of 1973 as amended, and the Administrative Rules for Child Caring Institutions. The report may also be viewed on our website, within 48 hours, under "News, Publications & Information" at the following address: http://www.michigan.gov/fia/.

If you have any questions regarding this information, please feel free to contact Miriam E.J. Bullock at 517-373-8383.

August 10, 2005

Pursuant to Section 1002 of P.A. 344 of 2004, we are enclosing a copy of the following reports:

Type of ReportFacilityReport #License #

Interim Otsego/Crawford Co. DHS CP690201347

Interim Houghton Co. DHS CP310201180

This report was performed in compliance with the requirements of P.A. 116 of 1973 as amended, and the Administrative Rules for Child Caring Institutions. The report may also be viewed on our website, within 48 hours, under "News, Publications & Information" at the following address: http://www.michigan.gov/fia/.

If you have any questions regarding this information, please feel free to contact Miriam E.J. Bullock at 517-373-8383.

Sincerely,

Marianne Udow

Director

The communications were referred to the Clerk.

The following communications from the Auditor General were received and read:

August 8, 2005

Enclosed is a copy of the financial statements, together with the Auditor's Report, for the Bureau of State Lottery for the six-month periods ending March 31, 2005 and 2004.

If you have questions regarding this report, please call me; Scott M. Strong, C.P.A., Deputy Auditor General; or Mark A. Freeman, C.P.A., Audit Division Administrator for audits of the Bureau of State Lottery.

August 12, 2005

Enclosed is a copy of the following audit report and/or report summary:

Performance audit of

Charles Stewart Mott Community College

August 2005

Sincerely,

Thomas H. McTavish, C.P.A.

Auditor General

The communications were referred to the Clerk and the accompanying reports referred to the Committee on Government Operations.

Introduction of Bills

Rep. Caul introduced

House Bill No. 5091, entitled

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

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

Rep. Drolet introduced

House Bill No. 5092, 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 section 4b.

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

Rep. Spade introduced

House Bill No. 5093, entitled

A bill to amend 1953 PA 232, entitled "Corrections code of 1953," by amending section 62c (MCL 791.262c), as amended by 1988 PA 293.

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

Reps. Kolb, Alma Smith, Tobocman and Byrum introduced

House Bill No. 5094, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending section 5522 (MCL 324.5522), as amended by 2001 PA 49.

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. Condino introduced

House Bill No. 5095, entitled

A bill to amend 1941 PA 122, entitled "An act to establish the revenue collection duties of the department of treasury; to prescribe its powers and duties as the revenue collection agency of the state; to prescribe certain powers and duties of the state treasurer; to regulate the importation, stamping, and disposition of certain tobacco products; to provide for the transfer of powers and duties now vested in certain other state boards, commissions, departments and offices; to prescribe certain duties of and require certain reports from the department of treasury; to provide procedures for the payment, administration, audit, assessment, levy of interests or penalties on, and appeals of taxes and tax liability; to prescribe its powers and duties if an agreement to act as agent for a city to administer, collect, and enforce the city income tax act on behalf of a city is entered into with any city; to provide an appropriation; to abolish the state board of tax administration; to prescribe penalties and provide remedies; and to declare the effect of this act," by amending sections 3, 4, 19, 24, and 31 (MCL 205.3, 205.4, 205.19, 205.24, and 205.31), section 3 as amended by 2003 PA 92, sections 4, 19, and 31 as amended by 2002 PA 657, and section 24 as amended by 2003 PA 201, and by adding section 30d.

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

Rep. Sheen introduced

House Bill No. 5096, entitled

A bill to provide for the exemption of certain property from certain taxes; to levy and collect a specific tax upon the owners of certain property; to provide for the disposition of the tax; to prescribe the powers and duties of certain local government officials; and to provide penalties.

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

Rep. Sheen introduced

House Bill No. 5097, entitled

A bill to amend 1893 PA 206, entitled "The general property tax act," by amending section 34d (MCL 211.34d), as amended by 2005 PA 12, and by adding section 7jj.

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

Rep. Condino introduced

House Bill No. 5098, entitled

A bill to amend 1975 PA 228, entitled "Single business tax act," by amending sections 3, 9, 22a, 31, 36, 38e, and 71 (MCL 208.3, 208.9, 208.22a, 208.31, 208.36, 208.38e, and 208.71), sections 3, 31, and 71 as amended by 1999 PA 115,section 9 as amended by 2004 PA 258, section 22a as amended by 1996 PA 578, section 36 as amended by 1995 PA 284, and section 38e as amended by 2003 PA 273, and by adding sections 32, 79, and 79a.

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

By unanimous consent the House returned to the order of

Announcement by the Clerk of Printing and Enrollment

The Clerk announced that the following bills had been printed and placed upon the files of the members on Thursday, August 11:

House Bill Nos. 5081 5082 5083 5084 5085 5086 5087 5088 5089 5090

______

The Clerk declared the House adjourned until Wednesday, August 24, at 1:00 p.m.

GARY L. RANDALL

Clerk of the House of Representatives