No. 94
STATE OF MICHIGAN
JOURNAL
OF THE
House of Representatives
93rd Legislature
REGULAR SESSION OF 2005
House Chamber, Lansing, Tuesday, November 1, 2005.
1:00 p.m.
The House was called to order by the Speaker Pro Tempore.
The roll was called by the Clerk of the House of Representatives, who announced that a quorum was present.
Accavitti--present Emmons--present Leland--present Robertson--present
Acciavatti--present Espinoza--present Lemmons, III--present Rocca--present
Adamini--present Farhat--present Lemmons, Jr.--present Sak--present
Amos--present Farrah--present Lipsey--present Schuitmaker--present
Anderson--present Gaffney--present Marleau--present Shaffer--present
Angerer--present Garfield--present Mayes--present Sheen--present
Ball--present Gillard--present McConico--present Sheltrown--present
Baxter--present Gleason--present McDowell--present Smith, Alma--present
Bennett--present Gonzales--present Meisner--present Smith, Virgil--present
Bieda--present Gosselin--present Meyer--present Spade--present
Booher--present Green--present Miller--present Stahl--present
Brandenburg--present Hansen--present Moolenaar--present Stakoe--present
Brown--present Hildenbrand--present Moore--present Steil--present
Byrnes--present Hood--present Mortimer--present Stewart--present
Byrum--present Hoogendyk--present Murphy--excused Taub--present
Casperson--present Hopgood--present Newell--present Tobocman--present
Caswell--present Huizenga--present Nitz--present Vagnozzi--present
Caul--present Hummel--present Nofs--present Van Regenmorter--present
Cheeks--present Hune--present Palmer--present Vander Veen--present
Clack--present Hunter--excused Palsrok--present Walker--present
Clemente--present Jones--present Pastor--present Ward--present
Condino--present Kahn--present Pavlov--present Waters--present
Cushingberry--present Kehrl--excused Pearce--present Wenke--present
DeRoche--present Kolb--present Phillips--excused Whitmer--present
Dillon--present Kooiman--present Plakas--present Williams--present
Donigan--present LaJoy--present Polidori--present Wojno--present
Drolet--present Law, David--present Proos--present Zelenko--present
Elsenheimer--present Law, Kathleen--present
e/d/s = entered during session
Rep. Glenn Steil, Jr. from the 72nd District, offered the following invocation:
"Dear God, thank You for bringing us together today in order to execute Your divine will through our participation in this governmental process.
We thank You for giving everyone gathered here today the skills necessary to carry out Your will through the jurisdiction of government; allowing us to know You in our lives and with Your blessing this day may we work toward Your own glorious goodness. We also ask that You be with all those who are suffering loss and with those who are celebrating a new life in their lives.
Today, strengthen us with Your grace and wisdom, granting us good judgment and discernment. We pray our actions may be pleasing to You, and that our decisions will be strengthened with insight granted by Your Holy Spirit.
So now, we bring our minds together as one and ask for Your continued guidance as we unite in an earnest effort to secure our communities the blessings, not only of material prosperity, but of justice and peace of mind. May our actions be representative of the glory of Your kingdom and demonstrate Your influence in our lives.
We pray this for one another, and for those who have placed their trust in us, Amen."
______
Rep. Sak moved that Reps. Hunter, Kehrl, Murphy and Phillips be excused from today's session.
The motion prevailed.
Reports of Standing Committees
The Committee on Senior Health, Security, and Retirement, by Rep. Vander Veen, Chair, reported
House Bill No. 5325, entitled
A bill to amend 1978 PA 368, entitled "Public health code," (MCL 333.1101 to 333.25211) by adding section 21529.
Without amendment and with the recommendation that the bill pass.
The bill was referred to the order of Second Reading of Bills.
Favorable Roll Call
To Report Out:
Yeas: Reps. Vander Veen, Green, Stahl, Proos, Polidori, Clack and Vagnozzi
Nays: None
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Vander Veen, Chair, of the Committee on Senior Health, Security, and Retirement, was received and read:
Meeting held on: Tuesday, November 1, 2005
Present: Reps. Vander Veen, Green, Stahl, Proos, Polidori, Clack and Vagnozzi
Absent: Reps. Van Regenmorter and Zelenko
Excused: Reps. Van Regenmorter and Zelenko
The Committee on Family and Children Services, by Rep. Stahl, Chair, reported
House Bill No. 4751, entitled
A bill to amend 1939 PA 280, entitled "The social welfare act," by amending section 109 (MCL 400.109), as amended by 2002 PA 673.
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. Stahl, Pearce, Vander Veen, Hoogendyk, Sheen, Clack, Spade, Polidori and Lemmons, Jr.
Nays: None
The Committee on Family and Children Services, by Rep. Stahl, Chair, reported
House Bill No. 5040, entitled
A bill to amend 1939 PA 280, entitled "The social welfare act," (MCL 400.1 to 400.119b) by adding section 109i.
With the recommendation that the substitute (H-2) be adopted and that the bill then pass.
The bill and substitute were referred to the order of Second Reading of Bills.
Favorable Roll Call
To Report Out:
Yeas: Reps. Stahl, Pearce, Vander Veen, Hoogendyk, Sheen, Clack, Spade, Polidori and Lemmons, Jr.
Nays: None
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Stahl, Chair, of the Committee on Family and Children Services, was received and read:
Meeting held on: Tuesday, November 1, 2005
Present: Reps. Stahl, Pearce, Vander Veen, Hoogendyk, Sheen, Clack, Spade, Polidori and Lemmons, Jr.
The Committee on Commerce, by Rep. Huizenga, Chair, reported
House Bill No. 4027, entitled
A bill to amend 1974 PA 198, entitled "An act to provide for the establishment of plant rehabilitation districts and industrial development districts in local governmental units; to provide for the exemption from certain taxes; to levy and collect a specific tax upon the owners of certain facilities; to impose and provide for the disposition of an administrative fee; to provide for the disposition of the tax; to provide for the obtaining and transferring of an exemption certificate and to prescribe the contents of those certificates; to prescribe the powers and duties of the state tax commission and certain officers of local governmental units; and to provide penalties," by amending section 7 (MCL 207.557), as amended by 1996 PA 513.
Without amendment and with the recommendation that the bill pass.
The bill was referred to the order of Second Reading of Bills.
Favorable Roll Call
To Report Out:
Yeas: Reps. Huizenga, Baxter, Emmons, Palsrok, Hildenbrand, Jones, David Law, Marleau, Pavlov, Schuitmaker, Meisner, Bennett and Accavitti
Nays: None
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Huizenga, Chair, of the Committee on Commerce, was received and read:
Meeting held on: Tuesday, November 1, 2005
Present: Reps. Huizenga, Baxter, Emmons, Palsrok, Wenke, Green, Hildenbrand, Jones, David Law, Marleau, Pavlov, Schuitmaker, Meisner, Tobocman, Bennett and Accavitti
Absent: Reps. Murphy, Dillon and McConico
Excused: Reps. Murphy, Dillon and McConico
The Committee on Health Policy, by Rep. Gaffney, Chair, reported
House Bill No. 4670, entitled
A bill to amend 1978 PA 368, entitled "Public health code," (MCL 333.1101 to 333.25211) by adding section 16184.
With the recommendation that the substitute (H-2) be adopted and that the bill then pass.
The bill and substitute were referred to the order of Second Reading of Bills.
Favorable Roll Call
To Report Out:
Yeas: Reps. Gaffney, Newell, Robertson, Vander Veen, Ward, Nofs, Ball, Green, Mortimer, Adamini, Wojno, McDowell, Gleason and Angerer
Nays: None
The Committee on Health Policy, by Rep. Gaffney, Chair, reported
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.
Without amendment and with the recommendation that the bill pass.
The bill was referred to the order of Second Reading of Bills.
Favorable Roll Call
To Report Out:
Yeas: Reps. Gaffney, Newell, Robertson, Vander Veen, Ball, Green, Kahn, Mortimer, Adamini, Wojno, McDowell, Gleason and Angerer
Nays: None
The Committee on Health Policy, by Rep. Gaffney, Chair, reported
House Bill No. 5063, entitled
A bill to amend 1939 PA 280, entitled "The social welfare act," by amending section 109 (MCL 400.109), as amended by 2002 PA 673.
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. Gaffney, Newell, Robertson, Vander Veen, Ward, Ball, Green, Kahn, Mortimer, Adamini, Wojno, McDowell, Gleason and Angerer
Nays: None
The Committee on Health Policy, by Rep. Gaffney, Chair, reported
House Bill No. 5331, entitled
A bill to amend 1976 PA 451, entitled "The revised school code," by amending section 1178 (MCL 380.1178), as amended by 2000 PA 9.
With the recommendation that the substitute (H-1) be adopted and that the bill then pass.
The bill and substitute were referred to the order of Second Reading of Bills.
Favorable Roll Call
To Report Out:
Yeas: Reps. Gaffney, Newell, Robertson, Vander Veen, Ward, Nofs, Ball, Green, Mortimer, Adamini, Wojno, McDowell, Gleason and Angerer
Nays: None
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Gaffney, Chair, of the Committee on Health Policy, was received and read:
Meeting held on: Tuesday, November 1, 2005
Present: Reps. Gaffney, Newell, Robertson, Vander Veen, Ward, Nofs, Ball, Green, Kahn, Mortimer, Adamini, Wojno, McDowell, Gleason and Angerer
Absent: Reps. Hune and Murphy
Excused: Reps. Hune and Murphy
The Committee on Judiciary, by Rep. Van Regenmorter, Chair, reported
House Bill No. 4508, entitled
A bill to amend 1976 PA 390, entitled "Emergency management act," by amending section 11 (MCL 30.411), as amended by 2002 PA 132.
With the recommendation that the substitute (H-4) 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, Elsenheimer, Jones, David Law, Rocca, Lipsey and Virgil Smith
Nays: None
The Committee on Judiciary, by Rep. Van Regenmorter, Chair, reported
House Bill No. 5268, entitled
A bill to amend 1931 PA 328, entitled "The Michigan penal code," (MCL 750.1 to 750.568) by adding section 85.
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, Elsenheimer, Jones, David Law, Rocca, Lipsey and Virgil Smith
Nays: None
The Committee on Judiciary, by Rep. Van Regenmorter, Chair, reported
House Bill No. 5269, entitled
A bill to amend 1927 PA 175, entitled "The code of criminal procedure," by amending section 16d of chapter XVII (MCL 777.16d), as amended by 2002 PA 269.
With the recommendation that the following amendment be adopted and that the bill then pass.
1. Amend page 4, line 2, after "effect" by striking out "January" and inserting "March".
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, Elsenheimer, Jones, David Law, Rocca, Lipsey and Virgil Smith
Nays: None
The Committee on Judiciary, by Rep. Van Regenmorter, Chair, reported
Senate Bill No. 308, entitled
A bill to amend 1978 PA 33, entitled "An act to prohibit the dissemination, exhibiting, or displaying of certain sexually explicit matter to minors; to prohibit certain misrepresentations facilitating the dissemination of sexually explicit matter to minors; to provide penalties; to provide for declaratory judgments and injunctive relief in certain instances; to impose certain duties upon prosecuting attorneys and the circuit court; to preempt local units of government from proscribing certain conduct; and to repeal certain acts and parts of acts," by amending section 6 (MCL 722.676), as amended by 2003 PA 192.
Without amendment and with the recommendation that the bill pass.
The bill was referred to the order of Second Reading of Bills.
Favorable Roll Call
To Report Out:
Yeas: Reps. Van Regenmorter, Schuitmaker, Newell, Elsenheimer, Jones, David Law, Rocca, Lipsey 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: Tuesday, November 1, 2005
Present: Reps. Van Regenmorter, Schuitmaker, Newell, Nofs, Elsenheimer, Jones, David Law, Rocca, Lipsey and Virgil Smith
Absent: Reps. Stakoe, Condino, Adamini, McConico and Bieda
Excused: Reps. Stakoe, Condino, Adamini, McConico and Bieda
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Drolet, Chair, of the Committee on Government Operations, was received and read:
Meeting held on: Tuesday, November 1, 2005
Present: Reps. Drolet, Hoogendyk, Gosselin, Garfield, Sheen, Tobocman and Lemmons, III
Absent: Rep. Lipsey
Excused: Rep. Lipsey
Messages from the Senate
House Bill No. 4726, entitled
A bill to amend 1976 PA 451, entitled "The revised school code," (MCL 380.1 to 380.1852) by adding section 1177a.
The Senate has substituted (S-1) the bill.
The Senate has passed the bill as substituted (S-1), ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title.
The Speaker announced that pursuant to Rule 45, the bill was laid over one day.
Senate Concurrent Resolution No. 28.
A concurrent resolution to increase the total project cost of the Department of Corrections Riverside Correctional Facility Power Plant Automation project.
Whereas, The Department of Corrections Riverside Correctional Facility Power Plant Automation project was authorized in 2003 PA 193 with a total project cost of $3,000,000; and
Whereas, The Department of Corrections, together with the Department of Management and Budget, has estimated that the total cost to complete the Riverside Correctional Facility Power Plant Automation project has increased to $4,500,000; and
Whereas, Pursuant to section 246 of 1984 PA 431, as amended, being MCL § 18.1246, the authorized cost of projects shall only be established or revised by specific reference in a budget act, by concurrent resolution adopted by both houses of the legislature, or inferred by the total amount of any appropriations made to complete plans and construction; now, therefore, be it
Resolved by the Senate (the House of Representatives concurring), That the Michigan Legislature recognizes the need to increase the total authorized cost for the Department of Corrections Riverside Correctional Facility Power Plant Automation project to an amount not to exceed $4,500,000 (State Building Authority share $4,499,900 and the State General Fund/General Purpose share $100) and that the legislature intends to continue to appropriate funds for construction subject to the limitations herein stated, in amounts not to exceed the authorized cost, subject to the ordinary vicissitudes of the legislative process; and be it further
Resolved, That copies of this resolution be transmitted to the State Budget Director, the Director of the Department of Management and Budget, and the Director of the Department of Corrections.
The Senate has adopted the concurrent resolution.
The concurrent resolution was referred to the Committee on Appropriations.
Announcement by the Clerk of Printing and Enrollment
The Clerk announced the enrollment printing and presentation to the Governor on Thursday, October 27, for her approval of the following bills:
Enrolled House Bill No. 4133 at 1:37 p.m.
Enrolled House Bill No. 4737 at 1:39 p.m.
Enrolled House Bill No. 5110 at 1:41 p.m.
The Clerk announced that the following bills had been printed and placed upon the files of the members on Thursday, October 27:
Senate Bill Nos. 845 846 847
The Clerk announced that the following bills had been printed and placed upon the files of the members on Friday, October 28:
House Bill Nos. 5377 5378 5379 5380
Senate Bill Nos. 848 849 850 851 852
The Clerk announced the enrollment printing and presentation to the Governor on Tuesday, November 1, for her approval of the following bills:
Enrolled House Bill No. 5149 at 10:52 a.m.
Enrolled House Bill No. 4968 at 10:54 a.m.
Enrolled House Bill No. 4729 at 10:56 a.m.
Enrolled House Bill No. 5253 at 10:58 a.m.
Messages from the Governor
The following message from the Governor was received October 28, 2005 and read:
EXECUTIVE ORDER
No. 2005 - 26
AMENDMENT OF EXECUTIVE ORDER 2005-1
STATE OFFICE OF ADMINISTRATIVE HEARINGS AND RULES
EXECUTIVE REORGANIZATION
WHEREAS, Section 1 of Article V of the Michigan Constitution of 1963 vests the executive power of the State of Michigan in the Governor;
WHEREAS, Section 2 of Article V of the Michigan Constitution of 1963 empowers the Governor to make changes in the organization of the executive branch or in the assignment of functions among its units that the Governor considers necessary for efficient administration;
WHEREAS, the centralization of state government functions relating to the processing and promulgation of administrative rules and the conduct of administrative hearings in a State Office of Administrative Hearings and Rules ("SOAHR") has eliminated unnecessary duplication and facilitated more effective implementation of policy;
WHEREAS, it is necessary and desirable to amend Executive Order 2005-1 to clarify those administrative hearing functions and personnel not subject to transfer and consolidation under Executive Order 2005-1;
NOW THEREFORE, I, Jennifer M. Granholm, Governor of the State of Michigan, by virtue of the power and authority vested in the Governor by the Michigan Constitution of 1963 and Michigan law, order:
Section IV of Executive Order 2005-1 is amended to read as follows:
IV. ADMINISTRATIVE HEARING FUNCTIONS AND PERSONNEL NOT SUBJECT TO TRANSFER
A. The authority, powers, duties, functions, responsibilities, rule-making authority, personnel, equipment, and budgetary resources related to the appeal, review of, or final determination regarding a decision or proposed decision issued by a Hearing Officer for a Department or Agency shall remain with the Department or Agency, and are not transferred under Section III.
B. No authority, powers, duties, functions, responsibilities, property, records, personnel, or funds held by the Civil Service Commission solely under the authority granted to the Commission by Section 5 of Article XI of the Michigan Constitution of 1963 are transferred under Section III, unless approved by the Civil Service Commission.
C. The authority, powers, duties, functions, responsibilities, rule-making authority, personnel, equipment, and budgetary resources involved in any of the following activities related to administrative hearing functions are not transferred to the State Office of Administrative Hearings and Rules under Section III:
1. Hearings conducted by an elected state officer, a member or members of a board, commission, or tribunal appointed by the Governor, or other state officer or employee appointed by the Governor.
2. An informal conference not subject to the Administrative Procedures Act of 1969, 1969 PA 306, MCL 24.201 to 24.328, under Michigan law.
3. Any hearings conducted by the State Administrative Board or a committee of the State Administrative Board.
4. Hearings conducted by an independent hearing officer under Part 5 of The Nonprofit Health Care Corporation Reform Act, 1980 PA 350, MCL 550.1501 to 550.1518.
5. Hearings conducted by an independent hearing officer under Part 6 of the Nonprofit Healthcare Corporation Reform Act, 1980 PA 350, MCL 550.1601 to 550.1619, except for an administrative hearing conducted under Section 1605 of the Nonprofit Health Care Corporation Reform Act, 1980 PA 350, MCL 550.1605.
6. Hearings conducted by independent hearings officers selected by the Commissioner of Financial and Insurance Services from a list submitted by the American Arbitration Association under Subsection (3) of Section 2030 of The Insurance Code of 1956, 1956 PA 218, MCL 500.2030.
7. Administrative hearings conducted by the Department of Civil Rights consistent with the power of the Civil Rights Commission to conduct hearings under Section 29 of Article V of the Michigan Constitution of 1963.
8. Administrative hearings conducted by the Department of State under any of the following:
a. 1978 PA 472, MCL 4.411 to 4.431 (lobbyists, lobbying agents, and lobbying activity).
b. The Michigan Notary Public Act, 2003 PA 238, MCL 55.261 to 55.315.
c. The Michigan Election Law, 1954 PA 116, MCL 168.1 to 168.992.
d. The Michigan Campaign Finance Act, 1976 PA 388, MCL 169.201 to 169.282.
e. The Driver Education and Training Schools Act, 1974 PA 369, MCL 256.601 to 256.612.
f. The Michigan Vehicle Code, 1949 PA 300, MCL 257.1 to 257.923.
g. The Motor Vehicle Service and Repair Act, 1974 PA 300, MCL 257.1301 to 257.1340.
h. Section 80190 of the Natural Resources and Environmental Protection Act, 1994 PA 451, MCL 324.80190 (marine safety).
i. Section 81140 of the Natural Resources and Environmental Protection Act, 1994 PA 451, MCL 324.81140 (off-road recreation vehicles).
j. Part 821 of the Natural Resources and Environmental Protection Act, 1994 PA 451, MCL 324.82101 to 324.82160 (snowmobiles).
In fulfillment of the requirements under Section 2 of Article V of the Michigan Constitution of 1963, the provisions of this Order are effective January 1, 2006 at 12:01 a.m.
[SEAL] Given under my hand and the Great Seal of the State of Michigan this 28th day of October, in the year of our Lord, two thousand and five.
Jennifer M. Granholm
Governor
By the Governor:
Terri L. Land
Secretary of State
The message was referred to the Clerk.
Communications from State Officers
The following communication from the Secretary of State was received and read:
Notice of Filing
Administrative Rules
October 20, 2005
In accordance with the provisions of MCL 24.248 this is to advise you that the Department of Labor and Economic Growth, Office of Policy and Legislative Affairs filed at 9:02 A.M. this date, administrative rule (05-10-06E) for the Department of Labor and Economic Growth, Workers' Compensation Agency, Entitled "Worker's Compensation Agency-Group Self-Insurance-Emergency Rules", effective 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 Auditor General was received and read:
October 28, 2005
Enclosed is a copy of the following audit report and/or report summary:
Performance audit of the Workers' Compensation and Long Term Disability Programs,
Office of the State Employer,
Department of Management and Budget
October 2005
Sincerely,
Thomas H. McTavish, C.P.A.
Auditor General
The communication was referred to the Clerk and the accompanying report referred to the Committee on Government Operations.
By unanimous consent the House returned to the order of
Second Reading of Bills
House Bill No. 5268, entitled
A bill to amend 1931 PA 328, entitled "The Michigan penal code," (MCL 750.1 to 750.568) by adding section 85.
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. Meyer 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. Kolb moved that Rep. Lipsey be excused temporarily from today's session.
The motion prevailed.
By unanimous consent the House returned to the order of
Third Reading of Bills
House Bill No. 5268, entitled
A bill to amend 1931 PA 328, entitled "The Michigan penal code," (MCL 750.1 to 750.568) by adding section 85.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 551 Yeas--105
Accavitti Elsenheimer Law, Kathleen Rocca
Acciavatti Emmons Leland Sak
Adamini Espinoza Lemmons, III Schuitmaker
Amos Farhat Lemmons, Jr. Shaffer
Anderson Farrah Marleau Sheen
Angerer Gaffney Mayes Sheltrown
Ball Garfield McConico Smith, Alma
Baxter Gillard McDowell Smith, Virgil
Bennett Gleason Meisner Spade
Bieda Gonzales Meyer Stahl
Booher Gosselin Miller Stakoe
Brandenburg Green Moolenaar Steil
Brown Hansen Moore Stewart
Byrnes Hildenbrand Mortimer Taub
Byrum Hood Newell Tobocman
Casperson Hoogendyk Nitz Vagnozzi
Caswell Hopgood Nofs Van Regenmorter
Caul Huizenga Palmer Vander Veen
Cheeks Hummel Palsrok Walker
Clack Hune Pastor Ward
Clemente Jones Pavlov Waters
Condino Kahn Pearce Wenke
Cushingberry Kolb Plakas Whitmer
DeRoche Kooiman Polidori Williams
Dillon LaJoy Proos Wojno
Donigan Law, David Robertson Zelenko
Drolet
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
House Bill No. 5269, entitled
A bill to amend 1927 PA 175, entitled "The code of criminal procedure," by amending section 16d of chapter XVII (MCL 777.16d), as amended by 2002 PA 269.
Was read a second time, and the question being on the adoption of the proposed amendment previously recommended by the Committee on Judiciary (for amendment, see today's Journal, p. 2045),
The amendment was adopted, a majority of the members serving voting therefor.
Rep. Nofs 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. 5269, entitled
A bill to amend 1927 PA 175, entitled "The code of criminal procedure," by amending section 16d of chapter XVII (MCL 777.16d), as amended by 2002 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. 552 Yeas--105
Accavitti Elsenheimer Law, Kathleen Rocca
Acciavatti Emmons Leland Sak
Adamini Espinoza Lemmons, III Schuitmaker
Amos Farhat Lemmons, Jr. Shaffer
Anderson Farrah Marleau Sheen
Angerer Gaffney Mayes Sheltrown
Ball Garfield McConico Smith, Alma
Baxter Gillard McDowell Smith, Virgil
Bennett Gleason Meisner Spade
Bieda Gonzales Meyer Stahl
Booher Gosselin Miller Stakoe
Brandenburg Green Moolenaar Steil
Brown Hansen Moore Stewart
Byrnes Hildenbrand Mortimer Taub
Byrum Hood Newell Tobocman
Casperson Hoogendyk Nitz Vagnozzi
Caswell Hopgood Nofs Van Regenmorter
Caul Huizenga Palmer Vander Veen
Cheeks Hummel Palsrok Walker
Clack Hune Pastor Ward
Clemente Jones Pavlov Waters
Condino Kahn Pearce Wenke
Cushingberry Kolb Plakas Whitmer
DeRoche Kooiman Polidori Williams
Dillon LaJoy Proos Wojno
Donigan Law, David Robertson Zelenko
Drolet
Nays--0
In The Chair: Kooiman
The House agreed to the title of the bill.
Rep. Hildenbrand moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
Second Reading of Bills
House Bill No. 4835, entitled
A bill to amend 1979 PA 94, entitled "The state school aid act of 1979," (MCL 388.1601 to 388.1772) by adding section 57a.
Was read a second time, and the question being on the adoption of the proposed substitute (H-2) previously recommended by the Committee on Appropriations,
The substitute (H-2) was adopted, a majority of the members serving voting therefor.
Rep. Hansen moved to amend the bill as follows:
1. Amend page 3, following line 14, by inserting:
"(3) THE DEPARTMENT SHALL AWARD GRANTS UNDER THIS SECTION NOT LATER THAN AUGUST 31 OF THE FISCAL YEAR. IF THE DEPARTMENT DETERMINES AFTER THAT DATE THAT THERE ARE FUNDS ALLOCATED UNDER THIS SECTION THAT WILL NOT BE USED FOR GRANTS UNDER THIS SECTION FOR A PARTICULAR FISCAL YEAR, THEN THOSE UNUSED FUNDS SHALL NOT LAPSE TO THE STATE SCHOOL AID FUND BUT INSTEAD ARE ALLOCATED FOR THAT FISCAL YEAR FOR THE PURPOSES OF SECTION 99 AND SHALL BE DISTRIBUTED EQUALLY AMONG THE MATHEMATICS AND SCIENCE CENTERS RECEIVING FUNDING UNDER SECTION 99." and renumbering the remaining subsection.
The motion prevailed and the amendment was adopted, a majority of the members serving voting therefor.
Rep. Stakoe moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
By unanimous consent the House returned to the order of
Third Reading of Bills
House Bill No. 4072, entitled
A bill to amend 1893 PA 206, entitled "The general property tax act," by amending section 34c (MCL 211.34c), as amended by 2002 PA 620.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 553 Yeas--82
Acciavatti Farhat Leland Proos
Adamini Farrah Lemmons, III Robertson
Amos Gaffney Lemmons, Jr. Rocca
Angerer Garfield Marleau Sak
Ball Gillard Mayes Schuitmaker
Baxter Gleason McConico Shaffer
Bieda Gosselin McDowell Sheen
Booher Green Meisner Sheltrown
Brandenburg Hansen Meyer Spade
Brown Hildenbrand Moolenaar Stahl
Byrnes Hoogendyk Moore Stakoe
Byrum Huizenga Mortimer Steil
Casperson Hummel Newell Stewart
Caswell Hune Nitz Taub
Caul Jones Nofs Van Regenmorter
Cushingberry Kahn Palmer Vander Veen
DeRoche Kolb Palsrok Walker
Drolet Kooiman Pastor Ward
Elsenheimer LaJoy Pavlov Williams
Emmons Law, David Pearce Zelenko
Espinoza Law, Kathleen
Nays--23
Accavitti Condino Miller Vagnozzi
Anderson Dillon Plakas Waters
Bennett Donigan Polidori Wenke
Cheeks Gonzales Smith, Alma Whitmer
Clack Hood Smith, Virgil Wojno
Clemente Hopgood Tobocman
In The Chair: Kooiman
The House agreed to the title of the bill.
Rep. Hildenbrand moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
House Bill No. 4271, entitled
A bill to amend 1893 PA 206, entitled "The general property tax act," by amending section 34c (MCL 211.34c), as amended by 2002 PA 620.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 554 Yeas--85
Accavitti Emmons LaJoy Polidori
Acciavatti Espinoza Law, David Proos
Adamini Farhat Lemmons, III Robertson
Amos Farrah Lemmons, Jr. Rocca
Angerer Gaffney Marleau Sak
Ball Garfield Mayes Schuitmaker
Baxter Gillard McDowell Shaffer
Bennett Gleason Meisner Sheen
Booher Gosselin Meyer Sheltrown
Brandenburg Green Miller Spade
Brown Hansen Moolenaar Stahl
Byrnes Hildenbrand Moore Stakoe
Byrum Hood Mortimer Steil
Casperson Hoogendyk Newell Stewart
Caswell Huizenga Nitz Taub
Caul Hummel Nofs Van Regenmorter
Condino Hune Palmer Vander Veen
Cushingberry Jones Palsrok Walker
DeRoche Kahn Pastor Ward
Dillon Kolb Pavlov Wojno
Drolet Kooiman Pearce Zelenko
Elsenheimer
Nays--20
Anderson Donigan McConico Vagnozzi
Bieda Gonzales Plakas Waters
Cheeks Hopgood Smith, Alma Wenke
Clack Law, Kathleen Smith, Virgil Whitmer
Clemente Leland Tobocman Williams
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. 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 4271 (H-2) because the bill stretches the traditional definition of 'agricultural' to include commercial hunting operations. Under existing statutes, captive cervidae operations are already considered agricultural operations in the Natural Resources and Environmental Protection (Right to Farm) Act, and also in PA 190. The State Tax Commission also recognizes these operations as a qualified agricultural property where the breeding and grazing of captive cervidae includes farms where cervidae are raised for the same or similar purposes as are customary in the breeding and grazing of other animals like cattle.
I oppose the bill because it treats hunting preserves, an operation that is essentially commercial in nature, and seeks to redefine it as agricultural. Not only will it result in a major tax break for these operations, and result in a major departure from the original intent of Proposal A, but it will substantially broaden the definition of 'agricultural operations' in this state. It will also reject a the sound ruling of the Michigan Tax Tribunal in Huron Bay Lodge v Arvon Township, Docket No. 282654, where the Tribunal found that deer hunting preserves are generally commercial in nature. In so ruling, the Tribunal correctly found that 'the providing of lodging, food service, hunting guides, skinning and caping, cooler facility, and butchering services are not agricultural but commercial in nature.'
In committee, I heard the argument for House Bill 4271 (H-2) that there is no difference between an agricultural operation such as an apple orchard where individuals pick their own apples and a hunting operation where individuals pay to hunt on the hunting preserve. I am not persuaded by this argument. The comparison fails on a number of grounds -- most notably the fact that the fees for hunting operations typically include a number of other costs and services and the total cost typically is substantially in excess of the cost of a 'harvested' deer. A quick look at the prices advertised by these hunting operations, available over the INTERNET, I found that these fees range from $1,500 to $15,500, hardly the price of a bushel of apples. In addition, quite a few of these operations listed have hotels/resorts attached to their operations for the clients to reside in during their stay -- and it is unclear as to how these may be viewed under a traditional 'agricultural' taxation scheme if this bill were to pass.
Because of this concern with preserving the traditional definition of agricultural property for purposes of taxation under the scheme developed under Proposal A, I voted 'no' on House Bill 4271 (H-2)."
______
Rep. Ward moved that Rep. DeRoche be excused temporarily from today's session.
The motion prevailed.
House Bill No. 4468, entitled
A bill to amend 1893 PA 206, entitled "The general property tax act," by amending section 34c (MCL 211.34c), as amended by 2002 PA 620.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 555 Yeas--84
Accavitti Elsenheimer LaJoy Proos
Acciavatti Emmons Law, David Robertson
Adamini Espinoza Lemmons, III Rocca
Amos Farhat Lemmons, Jr. Sak
Angerer Farrah Marleau Schuitmaker
Ball Gaffney Mayes Shaffer
Baxter Garfield McDowell Sheen
Bennett Gillard Meyer Sheltrown
Booher Gleason Miller Spade
Brandenburg Gosselin Moolenaar Stahl
Brown Green Moore Stakoe
Byrnes Hansen Mortimer Steil
Byrum Hildenbrand Newell Stewart
Casperson Hoogendyk Nitz Taub
Caswell Huizenga Nofs Van Regenmorter
Caul Hummel Palmer Vander Veen
Clemente Hune Palsrok Walker
Condino Jones Pastor Ward
Cushingberry Kahn Pavlov Williams
Dillon Kolb Pearce Wojno
Drolet Kooiman Polidori Zelenko
Nays--20
Anderson Gonzales McConico Tobocman
Bieda Hood Meisner Vagnozzi
Cheeks Hopgood Plakas Waters
Clack Law, Kathleen Smith, Alma Wenke
Donigan Leland Smith, Virgil Whitmer
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. 5332, entitled
A bill to amend 1956 PA 218, entitled "The insurance code of 1956," (MCL 500.100 to 500.8302) by adding section 2024b.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 556 Yeas--104
Accavitti Elsenheimer Law, Kathleen Rocca
Acciavatti Emmons Leland Sak
Adamini Espinoza Lemmons, III Schuitmaker
Amos Farhat Lemmons, Jr. Shaffer
Anderson Farrah Marleau Sheen
Angerer Gaffney Mayes Sheltrown
Ball Garfield McConico Smith, Alma
Baxter Gillard McDowell Smith, Virgil
Bennett Gleason Meisner Spade
Bieda Gonzales Meyer Stahl
Booher Gosselin Miller Stakoe
Brandenburg Green Moolenaar Steil
Brown Hansen Moore Stewart
Byrnes Hildenbrand Mortimer Taub
Byrum Hood Newell Tobocman
Casperson Hoogendyk Nitz Vagnozzi
Caswell Hopgood Nofs Van Regenmorter
Caul Huizenga Palmer Vander Veen
Cheeks Hummel Palsrok Walker
Clack Hune Pastor Ward
Clemente Jones Pavlov Waters
Condino Kahn Pearce Wenke
Cushingberry Kolb Plakas Whitmer
Dillon Kooiman Polidori Williams
Donigan LaJoy Proos Wojno
Drolet Law, David Robertson Zelenko
Nays--0
In The Chair: Kooiman
The House agreed to the title of the bill.
Rep. Ward moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
By unanimous consent the House returned to the order of
Messages from the Senate
The Speaker laid before the House
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 of chapter IV (MCL 224.6), as amended by 1982 PA 299.
(The bill was received from the Senate on October 26, with substitute (S-1), title amendment and immediate effect given by the Senate, consideration of which, under the rules, was postponed until October 27, see House Journal No. 92, p. 2008.)
The question being on concurring in the substitute (S-1) made to the bill by the Senate,
The substitute (S-1) was not concurred in, a majority of the members serving not voting therefor, by yeas and nays, as follows:
Roll Call No. 557 Yeas--13
Angerer Clack Gleason Smith, Alma
Bieda Condino Kolb Tobocman
Byrum Donigan Meisner Zelenko
Cheeks
Nays--91
Accavitti Farrah Lemmons, Jr. Sak
Acciavatti Gaffney Marleau Schuitmaker
Adamini Garfield Mayes Shaffer
Amos Gillard McConico Sheen
Anderson Gonzales McDowell Sheltrown
Ball Gosselin Meyer Smith, Virgil
Baxter Green Miller Spade
Bennett Hansen Moolenaar Stahl
Booher Hildenbrand Moore Stakoe
Brandenburg Hood Mortimer Steil
Brown Hoogendyk Newell Stewart
Byrnes Hopgood Nitz Taub
Casperson Huizenga Nofs Vagnozzi
Caswell Hummel Palmer Van Regenmorter
Caul Hune Palsrok Vander Veen
Clemente Jones Pastor Walker
Cushingberry Kahn Pavlov Ward
Dillon Kooiman Pearce Waters
Drolet LaJoy Plakas Wenke
Elsenheimer Law, David Polidori Whitmer
Emmons Law, Kathleen Proos Williams
Espinoza Leland Robertson Wojno
Farhat Lemmons, III Rocca
In The Chair: Kooiman
The Speaker laid before the House
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.
(The bill was received from the Senate on October 26, with substitute (S-1) and immediate effect given by the Senate, consideration of which, under the rules, was postponed until October 27, see House Journal No. 92, p. 2009.)
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. 558 Yeas--89
Accavitti Espinoza Law, David Robertson
Acciavatti Farhat Law, Kathleen Sak
Amos Farrah Leland Sheen
Anderson Gaffney Lemmons, III Smith, Alma
Angerer Gillard Lemmons, Jr. Smith, Virgil
Ball Gleason Marleau Spade
Baxter Gonzales McConico Stahl
Bieda Gosselin Meisner Stakoe
Booher Green Moolenaar Steil
Brandenburg Hansen Moore Stewart
Byrum Hildenbrand Mortimer Taub
Casperson Hood Newell Tobocman
Caswell Hoogendyk Nitz Vagnozzi
Caul Hopgood Nofs Van Regenmorter
Cheeks Huizenga Palmer Vander Veen
Clack Hummel Palsrok Walker
Clemente Hune Pastor Ward
Condino Jones Pavlov Waters
Cushingberry Kahn Pearce Wenke
Dillon Kolb Plakas Whitmer
Donigan Kooiman Polidori Williams
Drolet LaJoy Proos Zelenko
Elsenheimer
Nays--15
Adamini Emmons Meyer Shaffer
Bennett Garfield Miller Sheltrown
Brown Mayes Rocca Wojno
Byrnes McDowell Schuitmaker
In The Chair: Kooiman
The bill was referred to the Clerk for enrollment printing and presentation to the Governor.
The Speaker laid before the House
House Bill No. 5148, entitled
A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," (MCL 324.101 to 324.90106) by adding section 11511b.
(The bill was received from the Senate on October 27, 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. 93, p. 2037.)
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. 559 Yeas--104
Accavitti Elsenheimer Law, Kathleen Rocca
Acciavatti Emmons Leland Sak
Adamini Espinoza Lemmons, III Schuitmaker
Amos Farhat Lemmons, Jr. Shaffer
Anderson Farrah Marleau Sheen
Angerer Gaffney Mayes Sheltrown
Ball Garfield McConico Smith, Alma
Baxter Gillard McDowell Smith, Virgil
Bennett Gleason Meisner Spade
Bieda Gonzales Meyer Stahl
Booher Gosselin Miller Stakoe
Brandenburg Green Moolenaar Steil
Brown Hansen Moore Stewart
Byrnes Hildenbrand Mortimer Taub
Byrum Hood Newell Tobocman
Casperson Hoogendyk Nitz Vagnozzi
Caswell Hopgood Nofs Van Regenmorter
Caul Huizenga Palmer Vander Veen
Cheeks Hummel Palsrok Walker
Clack Hune Pastor Ward
Clemente Jones Pavlov Waters
Condino Kahn Pearce Wenke
Cushingberry Kolb Plakas Whitmer
Dillon Kooiman Polidori Williams
Donigan LaJoy Proos Wojno
Drolet Law, David Robertson Zelenko
Nays--0
In The Chair: Kooiman
The House agreed to the full title of the bill.
The bill was referred to the Clerk for enrollment printing and presentation to the Governor.
Rep. Ward moved that House Committees be given leave to meet during the balance of today's session.
The motion prevailed.
By unanimous consent the House returned to the order of
Reports of Standing Committees
The Committee on Transportation, by Rep. LaJoy, Chair, reported
House Bill No. 4756, entitled
A bill to amend 1949 PA 300, entitled "Michigan vehicle code," by amending section 310e (MCL 257.310e), as amended by 2004 PA 362.
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. LaJoy, David Law, Meyer, Casperson, Nitz, Moore, Pavlov, Pearce, Anderson, Byrnes, Kathleen Law, Hood, Gleason and Leland
Nays: None
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. LaJoy, Chair, of the Committee on Transportation, was received and read:
Meeting held on: Tuesday, November 1, 2005
Present: Reps. LaJoy, David Law, Gosselin, Meyer, Casperson, Nitz, Moore, Pavlov, Pearce, Anderson, Byrnes, Kathleen Law, Hood, Gleason and Leland
Absent: Reps. Wenke and Murphy
Excused: Reps. Wenke and Murphy
______
Reps. Cheeks, Clack, Condino and Hood asked and obtained an excuse from tomorrow's session.
Introduction of Bills
Rep. LaJoy introduced
House Bill No. 5381, entitled
A bill to amend 1998 PA 58, entitled "Michigan liquor control code of 1998," by amending sections 537 and 1025 (MCL 436.1537 and 436.2025), section 537 as amended by 2001 PA 223 and section 1025 as amended by 2002 PA 725.
The bill was read a first time by its title and referred to the Committee on Regulatory Reform.
Rep. LaJoy introduced
House Bill No. 5382, entitled
A bill to amend 1956 PA 217, entitled "Electrical administrative act," by amending section 3 (MCL 338.883), as amended by 2004 PA 275.
The bill was read a first time by its title and referred to the Committee on Regulatory Reform.
Reps. Sheen, Pastor, Taub, Booher, Garfield, Stahl, Drolet, Vander Veen, Gosselin, Rocca, Baxter, Huizenga, Hildenbrand, Hune, Hoogendyk, Palmer, Mortimer, Acciavatti, Nitz, Marleau, LaJoy, Caul, Green, Jones, Whitmer, Newell, Meyer, Pearce, Elsenheimer, Gaffney, Amos, Kahn, Moore, Shaffer, Robertson, Hummel, Moolenaar and Brown introduced
House Bill No. 5383, entitled
A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending section 30311 (MCL 324.30311), 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.
Reps. Sheen, Pastor, Taub, Booher, Garfield, Stahl, Drolet, Vander Veen, Gosselin, Rocca, Baxter, Huizenga, Hildenbrand, Hune, Hoogendyk, Palmer, Mortimer, Acciavatti, Nitz, Marleau, LaJoy, Proos, Caul, Green, Jones, Hansen, Pearce, Newell, Elsenheimer, Meyer, Gaffney, Amos, Kahn, Moore, Shaffer, Robertson, Hummel, Moolenaar, Sheltrown and Brown introduced
House Bill No. 5384, entitled
A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending section 5508 (MCL 324.5508).
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. Sheen, Pastor, Taub, Booher, Garfield, Stahl, Drolet, Vander Veen, Gosselin, Rocca, Baxter, Huizenga, Hildenbrand, Hoogendyk, Hune, Palmer, Mortimer, Acciavatti, Nitz, Marleau, LaJoy, Caul, Green, Jones, Hansen, Newell, Pearce, Elsenheimer, Meyer, Gaffney, Amos, Kahn, Moore, Shaffer, Robertson, Hummel, Moolenaar, Sheltrown and Brown introduced
House Bill No. 5385, entitled
A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending sections 5505, 5506, and 5522 (MCL 324.5505, 324.5506, and 324.5522), section 5522 as amended by 2001 PA 49, and by adding section 5506a.
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. Kahn, Wenke, David Law, Moore, Baxter, Emmons, Casperson, Marleau, LaJoy, Ball, Mortimer and Farhat introduced
House Bill No. 5386, entitled
A bill to amend 1937 PA 94, entitled "Use tax act," by amending section 4 (MCL 205.94), as amended by 2004 PA 172.
The bill was read a first time by its title and referred to the Committee on Tax Policy.
Reps. Dillon, Alma Smith, Gleason, Tobocman, Zelenko, Vagnozzi, Adamini, Gaffney, Condino, Leland, Bieda, Meisner, Gillard, Ball, Clemente and Kolb introduced
House Bill No. 5387, entitled
A bill to amend 1956 PA 218, entitled "The insurance code of 1956," (MCL 500.100 to 500.8302) by adding section 255.
The bill was read a first time by its title and referred to the Committee on Insurance.
Reps. Dillon, Tobocman, Alma Smith, Gleason, Zelenko, Vagnozzi, Adamini, Gaffney, Condino, Leland, Bieda, Meisner, Gillard, Ball, Angerer and Kolb introduced
House Bill No. 5388, entitled
A bill to establish an intrastate prescription drug purchasing cooperative; to implement a bulk purchasing program; to establish a prescription drug benefit plan for certain residents of this state; to prescribe certain powers and duties of certain state agencies and departments; and to provide for the promulgation of rules.
The bill was read a first time by its title and referred to the Committee on Health Policy.
Reps. Shaffer, Amos, Vander Veen, Caul, Proos, LaJoy, Marleau, Nitz, Pearce, Zelenko, Byrnes, Alma Smith, Farrah, Pastor, Casperson, Kahn, Kooiman, Palsrok, Newell, Ball, Green, Stahl, Robertson, Wojno, Gillard, Clack, Bennett, Mortimer, Hansen, Sheen, Farhat, Sak, Emmons, Vagnozzi, Donigan, Hune, Garfield, Polidori, Spade, Byrum, Gosselin and Gleason introduced
House Bill No. 5389, entitled
A bill to amend 1939 PA 280, entitled "The social welfare act," (MCL 400.1 to 400.119b) by adding section 109i.
The bill was read a first time by its title and referred to the Committee on Senior Health, Security, and Retirement.
Reps. Bieda, Zelenko, Vagnozzi and Cushingberry introduced
House Bill No. 5390, entitled
A bill to amend 1975 PA 238, entitled "Child protection law," (MCL 722.621 to 722.638) by amending the title, as amended by 1988 PA 372, and by adding section 3b.
The bill was read a first time by its title and referred to the Committee on Judiciary.
Reps. Farrah, Clemente, Accavitti, Sak, Waters, Lemmons, Jr., Kathleen Law, Polidori, Tobocman, Clack, Hansen, Green, Vander Veen, Hopgood, Donigan, Hood, Lipsey, Kolb, McConico, Hune, Proos, Gonzales, Plakas, Virgil Smith and Farhat introduced
House Bill No. 5391, entitled
A bill to amend 1964 PA 170, entitled "An act to make uniform the liability of municipal corporations, political subdivisions, and the state, its agencies and departments, officers, employees, and volunteers thereof, and members of certain boards, councils, and task forces when engaged in the exercise or discharge of a governmental function, for injuries to property and persons; to define and limit this liability; to define and limit the liability of the state when engaged in a proprietary function; to authorize the purchase of liability insurance to protect against loss arising out of this liability; to provide for defending certain claims made against public officers, employees, and volunteers and for paying damages sought or awarded against them; to provide for the legal defense of public officers, employees, and volunteers; to provide for reimbursement of public officers and employees for certain legal expenses; and to repeal acts and parts of acts," (MCL 691.1401 to 691.1419) by adding section 7c.
The bill was read a first time by its title and referred to the Committee on Judiciary.
Reps. Kolb, Spade, Accavitti, Tobocman, Cushingberry, Plakas, Kathleen Law, Bieda, Gillard, Brown, Meisner, Sheltrown and Sak introduced
House Bill No. 5392, entitled
A bill to establish an accessible electronic information service program for blind and disabled individuals; to prescribe the powers and duties of certain departments, commissions, and telecommunications providers in relation to that program; and to impose a surcharge on telecommunications access lines.
The bill was read a first time by its title and referred to the Committee on Energy and Technology.
Reps. Miller, Plakas, Bieda, Lemmons, Jr. and Lemmons, III introduced
House Bill No. 5393, entitled
A bill to amend 1949 PA 300, entitled "Michigan vehicle code," by amending section 601b (MCL 257.601b), as amended by 2003 PA 314.
The bill was read a first time by its title and referred to the Committee on Transportation.
Reps. Bieda, Plakas, Miller, Lemmons, Jr. and Lemmons, III introduced
House Bill No. 5394, entitled
A bill to amend 1927 PA 175, entitled "The code of criminal procedure," by amending section 12e of chapter XVII (MCL 777.12e), as amended by 2004 PA 26.
The bill was read a first time by its title and referred to the Committee on Transportation.
Reps. Hood, Hoogendyk, LaJoy and Anderson introduced
House Bill No. 5395, entitled
A bill to amend 2001 PA 142, entitled "Michigan memorial highway act," (MCL 250.1001 to 250.2080) by adding section 98.
The bill was read a first time by its title and referred to the Committee on Transportation.
______
Rep. Cushingberry moved that the House adjourn.
The motion prevailed, the time being 4:30 p.m.
The Speaker Pro Tempore declared the House adjourned until Wednesday, November 2, at 1:00 p.m.
GARY L. RANDALL
Clerk of the House of Representatives