No. 30
STATE OF MICHIGAN
JOURNAL
OF THE
House of Representatives
93rd Legislature
REGULAR SESSION OF 2006
House Chamber, Lansing, Wednesday, March 22, 2006.
1:00 p.m.
The House was called to order by the Speaker Pro Tempore.
The roll was called by the Clerk of the House of Representatives, who announced that a quorum was present.
Accavitti--present Elsenheimer--present Law, Kathleen--present Robertson--present
Acciavatti--present Emmons--present Leland--present Rocca--present
Adamini--present Espinoza--present Lemmons, III--e/d/s Sak--present
Amos--present Farhat--present Lemmons, Jr.--present Schuitmaker--present
Anderson--present Farrah--present Lipsey--present Shaffer--present
Angerer--present Gaffney--present Marleau--present Sheen--present
Ball--present Garfield--present Mayes--present Sheltrown--present
Baxter--present Gillard--present McConico--present Smith, Alma--present
Bennett--present Gleason--present McDowell--present Smith, Virgil--present
Bieda--present Gonzales--present Meisner--present Spade--present
Booher--present Gosselin--present Meyer--present Stahl--present
Brandenburg--present Green--present Miller--present Stakoe--present
Brown--present Hansen--present Moolenaar--present Steil--present
Byrnes--present Hildenbrand--present Moore--present Stewart--present
Byrum--present Hood--present Mortimer--present Taub--present
Casperson--present Hoogendyk--present Murphy--present Tobocman--present
Caswell--present Hopgood--present Newell--present Vagnozzi--present
Caul--present Huizenga--present Nitz--present Van Regenmorter--present
Cheeks--present Hummel--present Nofs--present Vander Veen--present
Clack--present Hune--present Palmer--e/d/s Walker--present
Clemente--present Hunter--present Palsrok--present Ward--present
Condino--present Jones--present Pastor--present Waters--present
Cushingberry--present Kahn--present Pavlov--present Wenke--present
DeRoche--present Kolb--present Pearce--present Williams--present
Dillon--present Kooiman--present Plakas--present Wojno--present
Donigan--present LaJoy--present Polidori--present Zelenko--present
Drolet--present Law, David--present Proos--present
e/d/s = entered during session
Rep. Jack Hoogendyk, from the 61st District, offered the following invocation:
"From Psalm 25: To You, O LORD, I lift up my soul. In You I trust, O my God. Do not let me be put to shame, nor let my enemies triumph over me. No one whose hope is in You will ever be put to shame. But they will be put to shame who are treacherous without excuse. Show me Your ways O LORD, Teach me Your Paths, Guide me in Your truth and teach me. For You are God my savior and my hope is in You all day long. Today, LORD, we do acknowledge You as our creator and as our Guide and we ask for Your wisdom to be bestowed upon each one of us. We know that You care about the affairs of men, You care about the affairs of this state and You care about the affairs of this legislative body. We thank You for Your love and ask for Your grace in Jesus' name, Amen."
Second Reading of Bills
House Bill No. 5493, entitled
A bill entering into the nurse licensure compact.
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. Vander Veen moved to amend the bill as follows:
1. Amend page 13, line 18, after "1." by inserting "(1)".
2. Amend page 13, following line 19, by inserting:
"(2) Pursuant to Article X(a), notice of withdrawal from this compact is given effective December 31, 2011, and this act is repealed effective July 1, 2012.".
The motion prevailed and the amendments were adopted, a majority of the members serving voting therefor.
Rep. Condino moved to amend the bill as follows:
1. Amend page 13, following line 22, by inserting:
"Enacting section 3. This amendatory act does not take effect unless House Bill No. 4811 of the 93rd Legislature is enacted into law.".
The motion did not prevail and the amendment was not adopted, a majority of the members serving not voting therefor.
Rep. Stakoe moved to amend the bill as follows:
1. Amend page 6, following line 3, by inserting:
"d. A nurse who has been granted multi-state licensing privileges by a party state shall notify the board of nursing in this state, on a standard form provided by the board, before commencing any nursing practice in this state, of the identity and location of the nurse's prospective practice location, the nurse's current address, and other contact information as requested. A nurse shall maintain at all times a current address and contact information during practice in this state." and relettering the remaining paragraphs.
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.
Rep. Stakoe moved that the bill be placed on its immediate passage.
The motion prevailed, a majority of the members serving voting therefor.
______
Rep. Stakoe moved that Rep. Huizenga 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
House Bill No. 5493, entitled
A bill entering into the nurse licensure compact.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 258 Yeas--63
Accavitti Elsenheimer Marleau Schuitmaker
Acciavatti Emmons McDowell Shaffer
Adamini Farhat Meyer Sheen
Amos Gaffney Moolenaar Sheltrown
Angerer Garfield Moore Stahl
Ball Gosselin Mortimer Stakoe
Baxter Green Newell Steil
Booher Hansen Nitz Stewart
Brandenburg Hildenbrand Nofs Taub
Brown Hoogendyk Palsrok Van Regenmorter
Casperson Hummel Pastor Vander Veen
Caswell Hune Pavlov Walker
Caul Jones Pearce Ward
DeRoche Kooiman Proos Wenke
Dillon LaJoy Robertson Wojno
Drolet Law, David Rocca
Nays--41
Anderson Espinoza Law, Kathleen Polidori
Bennett Farrah Leland Sak
Bieda Gillard Lemmons, Jr. Smith, Alma
Byrnes Gleason Lipsey Smith, Virgil
Byrum Gonzales Mayes Spade
Cheeks Hood McConico Tobocman
Clack Hopgood Meisner Vagnozzi
Clemente Hunter Miller Waters
Condino Kahn Murphy Williams
Cushingberry Kolb Plakas Zelenko
Donigan
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 entering into the nurse licensure compact; and to repeal acts and parts of acts.
The motion prevailed.
The House agreed to the title as amended.
Second Reading of Bills
House Bill No. 5750, entitled
A bill to amend 1978 PA 368, entitled "Public health code," by amending sections 16106 and 17211 (MCL 333.16106 and 333.17211), section 16106 as amended by 2002 PA 643.
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. Condino moved to amend the bill as follows:
1. Amend page 3, following line 10, by inserting:
"Enacting section 3. This amendatory act does not take effect unless House Bill No. 4811 of the 93rd Legislature is enacted into law.".
The motion did not prevail and the amendment was not adopted, a majority of the members serving not voting therefor.
Rep. Stakoe moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
Rep. Stakoe 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. 5750, entitled
A bill to amend 1978 PA 368, entitled "Public health code," by amending sections 16106 and 17211 (MCL 333.16106 and 333.17211), section 16106 as amended by 2002 PA 643.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 259 Yeas--63
Accavitti Elsenheimer Law, David Rocca
Acciavatti Emmons Marleau Schuitmaker
Adamini Farhat McDowell Shaffer
Amos Gaffney Meyer Sheen
Angerer Garfield Moolenaar Sheltrown
Ball Gosselin Moore Stahl
Baxter Green Mortimer Stakoe
Booher Hansen Newell Steil
Brandenburg Hildenbrand Nitz Taub
Brown Hoogendyk Nofs Van Regenmorter
Casperson Hummel Palsrok Vander Veen
Caswell Hune Pastor Walker
Caul Jones Pavlov Ward
DeRoche Kahn Pearce Wenke
Dillon Kooiman Proos Wojno
Drolet LaJoy Robertson
Nays--41
Anderson Espinoza Leland Sak
Bennett Farrah Lemmons, Jr. Smith, Alma
Bieda Gillard Lipsey Smith, Virgil
Byrnes Gleason Mayes Spade
Byrum Gonzales McConico Stewart
Cheeks Hood Meisner Tobocman
Clack Hopgood Miller Vagnozzi
Clemente Hunter Murphy Waters
Condino Kolb Plakas Williams
Cushingberry Law, Kathleen Polidori Zelenko
Donigan
In The Chair: Kooiman
The House agreed to the title of the bill.
Second Reading of Bills
House Bill No. 5538, entitled
A bill to amend 1893 PA 206, entitled "The general property tax act," by amending section 53b (MCL 211.53b), as amended by 2003 PA 105.
The bill was read a second time.
Rep. Caswell 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. Caswell moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
Rep. Stakoe 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. 5538, entitled
A bill to amend 1893 PA 206, entitled "The general property tax act," by amending section 53b (MCL 211.53b), as amended by 2003 PA 105.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 260 Yeas--104
Accavitti Drolet Law, David Robertson
Acciavatti Elsenheimer Law, Kathleen Rocca
Adamini Emmons Leland Sak
Amos Espinoza Lemmons, Jr. Schuitmaker
Anderson Farhat Lipsey Shaffer
Angerer Farrah Marleau Sheen
Ball Gaffney Mayes Sheltrown
Baxter Garfield McConico Smith, Alma
Bennett Gillard McDowell Smith, Virgil
Bieda Gleason Meisner Spade
Booher Gonzales Meyer Stahl
Brandenburg Gosselin Miller Stakoe
Brown Green Moolenaar Steil
Byrnes Hansen Moore Stewart
Byrum Hildenbrand Mortimer Taub
Casperson Hood Murphy Tobocman
Caswell Hoogendyk Newell Vagnozzi
Caul Hopgood Nitz Van Regenmorter
Cheeks Hummel Nofs Vander Veen
Clack Hune Palsrok Walker
Clemente Hunter Pastor Ward
Condino Jones Pavlov Waters
Cushingberry Kahn Pearce Wenke
DeRoche Kolb Plakas Williams
Dillon Kooiman Polidori Wojno
Donigan LaJoy Proos Zelenko
Nays--0
In The Chair: Kooiman
The question being on agreeing to the title of the bill,
Rep. Ward moved to amend the title to read as follows:
A bill to amend 1893 PA 206, entitled "The general property tax act," by amending section 53b (MCL 211.53b), as amended by 2006 PA 13.
The motion prevailed.
The House agreed to the title as amended.
______
Rep. Palmer entered the House Chambers.
Second Reading of Bills
Senate Bill No. 859, entitled
A bill to amend 1893 PA 206, entitled "The general property tax act," by amending section 7dd (MCL 211.7dd), as amended by 2003 PA 140.
The bill was read a second time.
Rep. Condino moved to amend the bill as follows:
1. Amend page 4, following line 8, by inserting:
"Enacting section 1. This amendatory act does not take effect unless House Bill No. 4811 of the 93rd Legislature is enacted into law and takes effect.".
The motion did not prevail and the amendment was not adopted, a majority of the members serving not voting therefor.
Rep. Sheen 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. Stakoe moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
Rep. Stakoe 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. 859, entitled
A bill to amend 1893 PA 206, entitled "The general property tax act," by amending section 7dd (MCL 211.7dd), as amended by 2003 PA 140.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 261 Yeas--104
Accavitti Elsenheimer Law, Kathleen Robertson
Acciavatti Emmons Leland Rocca
Adamini Espinoza Lemmons, Jr. Sak
Amos Farhat Lipsey Schuitmaker
Anderson Farrah Marleau Shaffer
Angerer Gaffney Mayes Sheen
Ball Garfield McConico Sheltrown
Baxter Gillard McDowell Smith, Alma
Bennett Gleason Meisner Smith, Virgil
Bieda Gonzales Meyer Spade
Booher Gosselin Miller Stahl
Brandenburg Green Moolenaar Stakoe
Brown Hansen Moore Steil
Byrnes Hildenbrand Mortimer Stewart
Byrum Hood Murphy Taub
Casperson Hoogendyk Newell Tobocman
Caul Hopgood Nitz Vagnozzi
Cheeks Hummel Nofs Van Regenmorter
Clack Hune Palmer Vander Veen
Clemente Hunter Palsrok Walker
Condino Jones Pastor Ward
Cushingberry Kahn Pavlov Waters
DeRoche Kolb Pearce Wenke
Dillon Kooiman Plakas Williams
Donigan LaJoy Polidori Wojno
Drolet Law, David Proos Zelenko
Nays--1
Caswell
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 provide for the assessment of rights and interests, including leasehold interests, in property and the levy and collection of taxes on property, and for the collection of taxes levied; making those taxes a lien on the property taxed, establishing and continuing the lien, providing for the sale or forfeiture and conveyance of property delinquent for taxes, and for the inspection and disposition of lands bid off to the state and not redeemed or purchased; to provide for the establishment of a delinquent tax revolving fund and the borrowing of money by counties and the issuance of notes; to define and limit the jurisdiction of the courts in proceedings in connection with property delinquent for taxes; to limit the time within which actions may be brought; to prescribe certain limitations with respect to rates of taxation; to prescribe certain powers and duties of certain officers, departments, agencies, and political subdivisions of this state; to provide for certain reimbursements of certain expenses incurred by units of local government; to provide penalties for the violation of this act; and to repeal acts and parts of acts,"
The House agreed to the full title.
Second Reading of Bills
House Bill No. 5811, entitled
A bill to amend 1971 PA 227, entitled "An act to prescribe the rights and duties of parties to home solicitation sales; to regulate certain telephone solicitation; to provide for the powers and duties of certain state officers and entities; and to prescribe penalties and remedies," by amending section 3 (MCL 445.113), as amended by 2002 PA 612.
The bill was read a second time.
Rep. Huizenga moved to amend the bill as follows:
1. Amend page 4, line 19, after "IS" by inserting "EITHER AN ELECTRIC OR GAS UTILITY, OR".
The motion did not prevail and the amendment was not adopted, a majority of the members serving not voting therefor.
Rep. Nofs moved to amend the bill as follows:
1. Amend page 4, line 18, by striking out all of subsection (6) and inserting:
"(6) THIS SECTION DOES NOT APPLY TO A HOME SOLICITATION SALE OF NATURAL GAS OR ELECTRICITY IF THE SELLER IS ANY OF THE FOLLOWING:
(A) AN ELECTRIC UTILITY OR GAS UTILITY THAT IS REGULATED BY THE COMMISSION AND COMPLIES WITH ANY ORDERS OR TARIFFS ISSUED BY THE COMMISSION CONCERNING HOME SOLICITATIONS BY ALTERNATIVE ELECTRIC SUPPLIERS OR ALTERNATIVE GAS SUPPLIERS IN MAKING THE SOLICITATION.
(B) AN ALTERNATIVE GAS SUPPLIER OR ALTERNATIVE ELECTRIC SUPPLIER LICENSED BY THE COMMISSION THAT COMPLIES WITH ANY APPLICABLE ORDERS OR TARIFFS ISSUED BY THE COMMISSION CONCERNING HOME SOLICITATIONS IN MAKING THE SOLICITATION.".
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.
House Bill No. 5554, entitled
A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," (MCL 324.101 to 324.90106) by adding section 2511.
The bill was read a second time.
Rep. Hune moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
House Bill No. 4486, entitled
A bill to repeal 1899 PA 188, entitled "Michigan estate tax act," (MCL 205.201 to 205.256).
Was read a second time, and the question being on the adoption of the proposed substitute (H-1) previously recommended by the Committee on Tax Policy,
The substitute (H-1) was adopted, a majority of the members serving voting therefor.
Rep. Condino moved to amend the bill as follows:
1. Amend page 1, following line 2, by inserting:
"Enacting section 2. This amendatory act does not take effect unless House Bill No. 4811 of the 93rd Legislature is enacted into law and takes effect.".
The motion did not prevail and the amendment was not adopted, a majority of the members serving not voting therefor.
Rep. Bieda moved to amend the bill as follows:
1. Amend page 1, following line 2, by inserting:
"Enacting section 2. This amendatory act does not take effect unless the 109th Congress enacts legislation to make the repeal of the estate tax permanent.".
The question being on the adoption of the amendment offered by Rep. Bieda,
Rep. Bieda demanded the yeas and nays.
The demand was supported.
The question being on the adoption of the amendment offered by Rep. Bieda,
The amendment was not adopted, a majority of the members serving not voting therefor, by yeas and nays, as follows:
Roll Call No. 262 Yeas--48
Accavitti Condino Kolb Polidori
Adamini Cushingberry Law, Kathleen Sak
Anderson Dillon Leland Sheltrown
Angerer Donigan Lemmons, Jr. Smith, Alma
Bennett Espinoza Lipsey Smith, Virgil
Bieda Farrah Mayes Spade
Brown Gillard McConico Tobocman
Byrnes Gleason McDowell Vagnozzi
Byrum Gonzales Meisner Waters
Cheeks Hood Miller Williams
Clack Hopgood Murphy Wojno
Clemente Hunter Plakas Zelenko
Nays--57
Acciavatti Garfield Meyer Rocca
Amos Gosselin Moolenaar Schuitmaker
Ball Green Moore Shaffer
Baxter Hansen Mortimer Sheen
Booher Hildenbrand Newell Stahl
Brandenburg Hoogendyk Nitz Stakoe
Casperson Hummel Nofs Steil
Caswell Hune 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
Gaffney
In The Chair: Kooiman
Rep. Baxter moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
House Bill No. 4487, entitled
A bill to amend 1979 PA 72, entitled "An act to require the governor to report certain tax information with the annual budget message to the legislature," by repealing section 8 (MCL 21.278).
Was read a second time, and the question being on the adoption of the proposed substitute (H-1) previously recommended by the Committee on Tax Policy,
The substitute (H-1) was adopted, a majority of the members serving voting therefor.
Rep. Baxter moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
House Bill No. 4488, 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 section 13 (MCL 205.13), as amended by 1996 PA 479.
Was read a second time, and the question being on the adoption of the proposed substitute (H-1) previously recommended by the Committee on Tax Policy,
The substitute (H-1) was adopted, a majority of the members serving voting therefor.
Rep. Baxter moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
House Bill No. 4489, entitled
A bill to amend 1973 PA 186, entitled "Tax tribunal act," by amending section 79 (MCL 205.779).
Was read a second time, and the question being on the adoption of the proposed substitute (H-1) previously recommended by the Committee on Tax Policy,
The substitute (H-1) was adopted, a majority of the members serving voting therefor.
Rep. Baxter moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
House Bill No. 4490, entitled
A bill to amend 1939 PA 330, entitled "An act to provide for access to, removal of contents from, surrender of, and discharge of liability of lessor of safe deposit boxes or compartments rented to 2 or more persons by either or any 1 of such persons or the survivor or survivors of them, unless otherwise provided in the safe deposit box or compartment rental agreement," by amending section 1 (MCL 487.721), as amended by 1994 PA 370.
Was read a second time, and the question being on the adoption of the proposed substitute (H-1) previously recommended by the Committee on Tax Policy,
The substitute (H-1) was adopted, a majority of the members serving voting therefor.
Rep. Baxter moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
House Bill No. 4491, entitled
A bill to amend 1998 PA 386, entitled "Estates and protected individuals code," by amending sections 2517 and 3912 (MCL 700.2517 and 700.3912), section 2517 as amended by 2000 PA 177.
Was read a second time, and the question being on the adoption of the proposed substitute (H-1) previously recommended by the Committee on Tax Policy,
The substitute (H-1) was adopted, a majority of the members serving voting therefor.
Rep. Baxter moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
House Bill No. 5492, entitled
A bill to amend 1978 PA 368, entitled "Public health code," by amending section 7457 (MCL 333.7457), as added by 1988 PA 139.
The bill was read a second time.
Rep. Elsenheimer moved to amend the bill as follows:
1. Amend page 2, line 7, by striking out all of subdivision (d) and relettering the remaining subdivisions.
The motion prevailed and the amendment was adopted, a majority of the members serving voting therefor.
Rep. Elsenheimer moved to amend the bill as follows:
1. Amend page 2, following line 18, by inserting:
"Enacting section 1. This amendatory act takes effect 90 days after the date it is enacted.".
The motion prevailed and the amendment 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. Stakoe 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. 5492, entitled
A bill to amend 1978 PA 368, entitled "Public health code," by amending section 7457 (MCL 333.7457), as added by 1988 PA 139.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 263 Yeas--104
Accavitti Elsenheimer Law, Kathleen Robertson
Acciavatti Emmons Leland Rocca
Adamini Espinoza Lemmons, Jr. Sak
Amos Farhat Lipsey Schuitmaker
Anderson Farrah Marleau Shaffer
Angerer Gaffney Mayes Sheen
Ball Garfield McConico Sheltrown
Baxter Gillard McDowell Smith, Alma
Bennett Gleason Meisner Smith, Virgil
Bieda Gonzales Meyer Spade
Booher Gosselin Miller Stahl
Brandenburg Green Moolenaar Stakoe
Brown Hansen Moore Steil
Byrnes Hildenbrand Mortimer Stewart
Byrum Hood Murphy Taub
Casperson Hoogendyk Newell Tobocman
Caswell Hopgood Nitz Vagnozzi
Caul Hummel Nofs Van Regenmorter
Cheeks Hune Palmer Vander Veen
Clack Hunter Palsrok Walker
Clemente Jones Pastor Ward
Condino Kahn Pavlov Waters
Cushingberry Kolb Pearce Wenke
DeRoche Kooiman Plakas Williams
Dillon LaJoy Polidori Wojno
Donigan Law, David Proos Zelenko
Nays--1
Drolet
In The Chair: Kooiman
The House agreed to the title of the bill.
House Bill No. 4478, entitled
A bill to authorize the department of natural resources to convey certain state owned property in Oakland county; to prescribe conditions for the conveyance; and to provide for disposition of the revenue from the conveyance.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 264 Yeas--105
Accavitti Elsenheimer Law, Kathleen Robertson
Acciavatti Emmons Leland Rocca
Adamini Espinoza Lemmons, Jr. Sak
Amos Farhat Lipsey Schuitmaker
Anderson Farrah Marleau Shaffer
Angerer Gaffney Mayes Sheen
Ball Garfield McConico Sheltrown
Baxter Gillard McDowell Smith, Alma
Bennett Gleason Meisner Smith, Virgil
Bieda Gonzales Meyer Spade
Booher Gosselin Miller Stahl
Brandenburg Green Moolenaar Stakoe
Brown Hansen Moore Steil
Byrnes Hildenbrand Mortimer Stewart
Byrum Hood Murphy Taub
Casperson Hoogendyk Newell Tobocman
Caswell Hopgood Nitz Vagnozzi
Caul Hummel Nofs Van Regenmorter
Cheeks Hune Palmer Vander Veen
Clack Hunter Palsrok Walker
Clemente Jones Pastor Ward
Condino Kahn Pavlov Waters
Cushingberry Kolb Pearce Wenke
DeRoche Kooiman Plakas Williams
Dillon LaJoy Polidori Wojno
Donigan Law, David Proos Zelenko
Drolet
Nays--0
In The Chair: Kooiman
The House agreed to the title of the bill.
House Bill No. 5747, entitled
A bill to amend 1931 PA 328, entitled "The Michigan penal code," (MCL 750.1 to 750.568) by adding chapter LXVIIA.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 265 Yeas--105
Accavitti Elsenheimer Law, Kathleen Robertson
Acciavatti Emmons Leland Rocca
Adamini Espinoza Lemmons, Jr. Sak
Amos Farhat Lipsey Schuitmaker
Anderson Farrah Marleau Shaffer
Angerer Gaffney Mayes Sheen
Ball Garfield McConico Sheltrown
Baxter Gillard McDowell Smith, Alma
Bennett Gleason Meisner Smith, Virgil
Bieda Gonzales Meyer Spade
Booher Gosselin Miller Stahl
Brandenburg Green Moolenaar Stakoe
Brown Hansen Moore Steil
Byrnes Hildenbrand Mortimer Stewart
Byrum Hood Murphy Taub
Casperson Hoogendyk Newell Tobocman
Caswell Hopgood Nitz Vagnozzi
Caul Hummel Nofs Van Regenmorter
Cheeks Hune Palmer Vander Veen
Clack Hunter Palsrok Walker
Clemente Jones Pastor Ward
Condino Kahn Pavlov Waters
Cushingberry Kolb Pearce Wenke
DeRoche Kooiman Plakas Williams
Dillon LaJoy Polidori Wojno
Donigan Law, David Proos Zelenko
Drolet
Nays--0
In The Chair: Kooiman
The House agreed to the title of the bill.
House Bill No. 5748, entitled
A bill to amend 1927 PA 175, entitled "The code of criminal procedure," by amending section 16w of chapter XVII (MCL 777.16w), as amended by 2004 PA 424.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 266 Yeas--105
Accavitti Elsenheimer Law, Kathleen Robertson
Acciavatti Emmons Leland Rocca
Adamini Espinoza Lemmons, Jr. Sak
Amos Farhat Lipsey Schuitmaker
Anderson Farrah Marleau Shaffer
Angerer Gaffney Mayes Sheen
Ball Garfield McConico Sheltrown
Baxter Gillard McDowell Smith, Alma
Bennett Gleason Meisner Smith, Virgil
Bieda Gonzales Meyer Spade
Booher Gosselin Miller Stahl
Brandenburg Green Moolenaar Stakoe
Brown Hansen Moore Steil
Byrnes Hildenbrand Mortimer Stewart
Byrum Hood Murphy Taub
Casperson Hoogendyk Newell Tobocman
Caswell Hopgood Nitz Vagnozzi
Caul Hummel Nofs Van Regenmorter
Cheeks Hune Palmer Vander Veen
Clack Hunter Palsrok Walker
Clemente Jones Pastor Ward
Condino Kahn Pavlov Waters
Cushingberry Kolb Pearce Wenke
DeRoche Kooiman Plakas Williams
Dillon LaJoy Polidori Wojno
Donigan Law, David Proos Zelenko
Drolet
Nays--0
In The Chair: Kooiman
The House agreed to the title of the bill.
House Bill No. 5682, entitled
A bill to amend 2001 PA 142, entitled "Michigan memorial highway act," by amending section 98 (MCL 250.1098), as added by 2005 PA 258.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 267 Yeas--105
Accavitti Elsenheimer Law, Kathleen Robertson
Acciavatti Emmons Leland Rocca
Adamini Espinoza Lemmons, Jr. Sak
Amos Farhat Lipsey Schuitmaker
Anderson Farrah Marleau Shaffer
Angerer Gaffney Mayes Sheen
Ball Garfield McConico Sheltrown
Baxter Gillard McDowell Smith, Alma
Bennett Gleason Meisner Smith, Virgil
Bieda Gonzales Meyer Spade
Booher Gosselin Miller Stahl
Brandenburg Green Moolenaar Stakoe
Brown Hansen Moore Steil
Byrnes Hildenbrand Mortimer Stewart
Byrum Hood Murphy Taub
Casperson Hoogendyk Newell Tobocman
Caswell Hopgood Nitz Vagnozzi
Caul Hummel Nofs Van Regenmorter
Cheeks Hune Palmer Vander Veen
Clack Hunter Palsrok Walker
Clemente Jones Pastor Ward
Condino Kahn Pavlov Waters
Cushingberry Kolb Pearce Wenke
DeRoche Kooiman Plakas Williams
Dillon LaJoy Polidori Wojno
Donigan Law, David Proos Zelenko
Drolet
Nays--0
In The Chair: Kooiman
The House agreed to the title of the bill.
Senate Bill No. 866, entitled
A bill to amend 1979 PA 94, entitled "The state school aid act of 1979," by amending section 51a (MCL 388.1651a), as amended by 2005 PA 155.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 268 Yeas--105
Accavitti Elsenheimer Law, Kathleen Robertson
Acciavatti Emmons Leland Rocca
Adamini Espinoza Lemmons, Jr. Sak
Amos Farhat Lipsey Schuitmaker
Anderson Farrah Marleau Shaffer
Angerer Gaffney Mayes Sheen
Ball Garfield McConico Sheltrown
Baxter Gillard McDowell Smith, Alma
Bennett Gleason Meisner Smith, Virgil
Bieda Gonzales Meyer Spade
Booher Gosselin Miller Stahl
Brandenburg Green Moolenaar Stakoe
Brown Hansen Moore Steil
Byrnes Hildenbrand Mortimer Stewart
Byrum Hood Murphy Taub
Casperson Hoogendyk Newell Tobocman
Caswell Hopgood Nitz Vagnozzi
Caul Hummel Nofs Van Regenmorter
Cheeks Hune Palmer Vander Veen
Clack Hunter Palsrok Walker
Clemente Jones Pastor Ward
Condino Kahn Pavlov Waters
Cushingberry Kolb Pearce Wenke
DeRoche Kooiman Plakas Williams
Dillon LaJoy Polidori Wojno
Donigan Law, David Proos Zelenko
Drolet
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 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.
By unanimous consent the House returned to the order of
Messages from the Senate
The Speaker laid before the House
House Bill No. 4555, entitled
A bill to amend 1951 PA 51, entitled "An act to provide for the classification of all public roads, streets, and highways in this state, and for the revision of that classification and for additions to and deletions from each classification; to set up and establish the Michigan transportation fund; to provide for the deposits in the Michigan transportation fund of specific taxes on motor vehicles and motor vehicle fuels; to provide for the allocation of funds from the Michigan transportation fund and the use and administration of the fund for transportation purposes; to set up and establish the truck safety fund; to provide for the allocation of funds from the truck safety fund and administration of the fund for truck safety purposes; to set up and establish the Michigan truck safety commission; to establish certain standards for road contracts for certain businesses; to provide for the continuing review of transportation needs within the state; to authorize the state transportation commission, counties, cities, and villages to borrow money, issue bonds, and make pledges of funds for transportation purposes; to authorize counties to advance funds for the payment of deficiencies necessary for the payment of bonds issued under this act; to provide for the limitations, payment, retirement, and security of the bonds and pledges; to provide for appropriations and tax levies by counties and townships for county roads; to authorize contributions by townships for county roads; to provide for the establishment and administration of the state trunk line fund, local bridge fund, comprehensive transportation fund, and certain other funds; to provide for the deposits in the state trunk line fund, critical bridge fund, comprehensive transportation fund, and certain other funds of money raised by specific taxes and fees; to provide for definitions of public transportation functions and criteria; to define the purposes for which Michigan transportation funds may be allocated; to provide for Michigan transportation fund grants; to provide for review and approval of transportation programs; to provide for submission of annual legislative requests and reports; to provide for the establishment and functions of certain advisory entities; to provide for conditions for grants; to provide for the issuance of bonds and notes for transportation purposes; to provide for the powers and duties of certain state and local agencies and officials; to provide for the making of loans for transportation purposes by the state transportation department and for the receipt and repayment by local units and agencies of those loans from certain specified sources; and to repeal acts and parts of acts," by amending section 10k (MCL 247.660k), as amended by 1982 PA 438.
(The bill was received from the Senate on March 15, with substitute (S-4) and immediate effect given by the Senate, consideration of which, under the rules, was postponed until March 16, see House Journal No. 27, p. 531.)
The question being on concurring in the substitute (S-4) made to the bill by the Senate,
The substitute (S-4) was concurred in, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 269 Yeas--105
Accavitti Elsenheimer Law, Kathleen Robertson
Acciavatti Emmons Leland Rocca
Adamini Espinoza Lemmons, Jr. Sak
Amos Farhat Lipsey Schuitmaker
Anderson Farrah Marleau Shaffer
Angerer Gaffney Mayes Sheen
Ball Garfield McConico Sheltrown
Baxter Gillard McDowell Smith, Alma
Bennett Gleason Meisner Smith, Virgil
Bieda Gonzales Meyer Spade
Booher Gosselin Miller Stahl
Brandenburg Green Moolenaar Stakoe
Brown Hansen Moore Steil
Byrnes Hildenbrand Mortimer Stewart
Byrum Hood Murphy Taub
Casperson Hoogendyk Newell Tobocman
Caswell Hopgood Nitz Vagnozzi
Caul Hummel Nofs Van Regenmorter
Cheeks Hune Palmer Vander Veen
Clack Hunter Palsrok Walker
Clemente Jones Pastor Ward
Condino Kahn Pavlov Waters
Cushingberry Kolb Pearce Wenke
DeRoche Kooiman Plakas Williams
Dillon LaJoy Polidori Wojno
Donigan Law, David Proos Zelenko
Drolet
Nays--0
In The Chair: Kooiman
The bill was referred to the Clerk for enrollment printing and presentation to the Governor.
______
Rep. Lemmons, III entered the House Chambers.
The Speaker laid before the House
House Bill No. 4643, entitled
A bill to amend 1927 PA 372, entitled "An act to regulate and license the selling, purchasing, possessing, and carrying of certain firearms and gas ejecting devices; to prohibit the buying, selling, or carrying of certain firearms and gas ejecting devices without a license or other authorization; to provide for the forfeiture of firearms under certain circumstances; to provide for penalties and remedies; to provide immunity from civil liability under certain circumstances; to prescribe the powers and duties of certain state and local agencies; to prohibit certain conduct against individuals who apply for or receive a license to carry a concealed pistol; to make appropriations; to prescribe certain conditions for the appropriations; and to repeal all acts and parts of acts inconsistent with this act," by amending section 5l (MCL 28.425l), as amended by 2002 PA 719.
(The bill was received from the Senate on March 16, with substitute (S-4), title amendment and immediate effect given by the Senate, consideration of which, under the rules, was postponed until March 21, see House Journal No. 28, p. 590.)
The question being on concurring in the substitute (S-4) made to the bill by the Senate,
Rep. Jones moved to substitute (H-2) the Senate substitute (S-4).
The motion prevailed and the substitute (H-2) was adopted, a majority of the members serving voting therefor.
The question being on concurring in the substitute (S-4) made to the bill by the Senate,
The substitute (S-4), as substituted (H-2), was concurred in, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 270 Yeas--94
Accavitti Elsenheimer Lemmons, III Robertson
Acciavatti Emmons Lemmons, Jr. Rocca
Adamini Espinoza Marleau Sak
Amos Farhat Mayes Schuitmaker
Anderson Farrah McDowell Shaffer
Angerer Gaffney Meisner Sheen
Ball Garfield Meyer Sheltrown
Baxter Gillard Miller Spade
Bennett Gleason Moolenaar Stahl
Bieda Gonzales Moore Stakoe
Booher Gosselin Mortimer Steil
Brandenburg Green Murphy Stewart
Brown Hansen Newell Taub
Byrnes Hildenbrand Nitz Vagnozzi
Byrum Hoogendyk Nofs Van Regenmorter
Casperson Hopgood Palmer Vander Veen
Caswell Hummel Palsrok Walker
Caul Hune Pastor Ward
Clack Jones Pavlov Waters
Clemente Kahn Pearce Wenke
Cushingberry Kooiman Plakas Williams
DeRoche LaJoy Polidori Wojno
Dillon Law, David Proos Zelenko
Drolet Law, Kathleen
Nays--12
Cheeks Hood Leland Smith, Alma
Condino Hunter Lipsey Smith, Virgil
Donigan Kolb McConico Tobocman
In The Chair: Kooiman
The House agreed to the title as amended.
Second Reading of Bills
Senate Bill No. 1124, entitled
A bill to amend 1976 PA 451, entitled "The revised school code," (MCL 380.1 to 380.1852) by adding section 1278a.
The bill was read a second time.
Rep. Palmer 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. Stakoe moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
Rep. Stakoe 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. 1124, entitled
A bill to amend 1976 PA 451, entitled "The revised school code," (MCL 380.1 to 380.1852) by adding section 1278a.
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--71
Accavitti Emmons Lemmons, Jr. Robertson
Acciavatti Espinoza Marleau Rocca
Amos Farhat McConico Sak
Anderson Farrah McDowell Schuitmaker
Angerer Gaffney Meyer Shaffer
Ball Garfield Moolenaar Sheen
Baxter Hansen Moore Stahl
Booher Hildenbrand Mortimer Stakoe
Byrnes Hoogendyk Murphy Steil
Byrum Hummel Newell Stewart
Casperson Hune Nitz Taub
Caul Hunter Palmer Vagnozzi
Cheeks Jones Palsrok Van Regenmorter
Clemente Kahn Pastor Vander Veen
DeRoche Kooiman Pavlov Walker
Donigan LaJoy Pearce Ward
Drolet Law, David Polidori Wenke
Elsenheimer Lemmons, III Proos
Nays--35
Adamini Dillon Law, Kathleen Smith, Alma
Bennett Gillard Leland Smith, Virgil
Bieda Gleason Lipsey Spade
Brandenburg Gonzales Mayes Tobocman
Brown Gosselin Meisner Waters
Caswell Green Miller Williams
Clack Hood Nofs Wojno
Condino Hopgood Plakas Zelenko
Cushingberry Kolb Sheltrown
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 "An act to provide a system of public instruction and elementary and secondary schools; to revise, consolidate, and clarify the laws relating to elementary and secondary education; to provide for the organization, regulation, and maintenance of schools, school districts, public school academies, intermediate school districts, and other public school entities; to prescribe rights, powers, duties, and privileges of schools, school districts, public school academies, intermediate school districts, and other public school entities; to provide for the regulation of school teachers and certain other school employees; to provide for school elections and to prescribe powers and duties with respect thereto; to provide for the levy and collection of taxes; to provide for the borrowing of money and issuance of bonds and other evidences of indebtedness; to establish a fund and provide for expenditures from that fund; to provide for and prescribe the powers and duties of certain state departments, the state board of education, and certain other boards and officials; to provide for licensure of boarding schools; to prescribe penalties; and to repeal acts and parts of acts," (MCL 380.1 to 380.1852) by adding section 1278a; and to repeal acts and parts of acts.
The motion prevailed.
The House agreed to the title as amended.
______
Rep. Kolb, 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:
No Vote Explanation for Senate Bill 1124.
I voted no on Senate Bill 1124 because the House substituted the language from House 5606 (H-7) into Senate Bill 1124 thus this bill puts the State Board of Education's recommended curriculum requirements in jeopardy.
I support the State Board of Education's recommendation for high quality graduation requirements for our high schools. Their proposal requires ALL of our public high schools to provide a high quality curriculum that addresses the needs of our children as they move forward into careers, college, or vocational preparation programs.
Unfortunately, this bill allows schools to get waivers from the requirements of the bill, effectively allowing some schools to choose NOT to implement these new higher standards. The Democratic substitute would provide flexibility to the schools by allowing for a phase-in period to reach the requirements, but NO school could try to waive the requirements completely.
This bill did not include the provision to require a foreign language in the curriculum. By leaving that requirement out of the curriculum we do a disservice to our students and leave them at a disadvantage to when they compete with students around the world in the new global economy.
This bill also muddles the requirements for social science to be taught in our high schools. This bill needs more clarification and more work before it should be allowed to become law.
This version of the bill also tie-barred to the ED FLEX legislation that is similar to the legislation that was vetoed by the Governor.
For these reasons I voted NO on Senate Bill No. 1124."
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 SB 1124, which was not the subject of a House Committee hearing and indeed is an entirely different version of what passed unanimously from the Senate. Clearly, more work needs to be done on this bill, which now consists entirely of the language that was substituted into SB 1124 from HB 5606. I recognize that the process continues, and I look forward to continuing to work with my colleagues on this important legislation."
______
Rep. Waters moved that Rep. Kathleen Law 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. 5675, entitled
A bill to amend 1976 PA 451, entitled "The revised school code," by amending sections 1230, 1230a, 1230c, 1230d, 1230g, 1535a, and 1539b (MCL 380.1230, 380.1230a, 380.1230c, 380.1230d, 380.1230g, 380.1535a, and 380.1539b), section 1230 as amended and section 1230c as added by 2005 PA 129, section 1230a as amended by 2005 PA 138, section 1230d as added by 2005 PA 131, and section 1230g as added and sections 1535a and 1539b as amended by 2005 PA 130, and by adding section 1230h.
(The bill was received from the Senate on March 8, with substitute (S-1), full title inserted and immediate effect given by the Senate, consideration of which, under the rules, was postponed until March 9, see House Journal No. 24, p. 453; considered and postponed temporarily on March 9, see House Journal No. 25, p.468.)
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. 272 Yeas--11
Angerer Donigan McDowell Spade
Byrnes Espinoza Murphy Vagnozzi
Clemente Lemmons, III Sheltrown
Nays--94
Accavitti Emmons Leland Robertson
Acciavatti Farhat Lemmons, Jr. Rocca
Adamini Farrah Lipsey Sak
Amos Gaffney Marleau Schuitmaker
Anderson Garfield Mayes Shaffer
Ball Gillard McConico Sheen
Baxter Gleason Meisner Smith, Alma
Bennett Gonzales Meyer Smith, Virgil
Bieda Gosselin Miller Stahl
Booher Green Moolenaar Stakoe
Brandenburg Hansen Moore Steil
Brown Hildenbrand Mortimer Stewart
Byrum Hood Newell Taub
Casperson Hoogendyk Nitz Tobocman
Caswell Hopgood Nofs Van Regenmorter
Caul Hummel Palmer Vander Veen
Cheeks Hune Palsrok Walker
Clack Hunter Pastor Ward
Condino Jones Pavlov Waters
Cushingberry Kahn Pearce Wenke
DeRoche Kolb Plakas Williams
Dillon Kooiman Polidori Wojno
Drolet LaJoy Proos Zelenko
Elsenheimer Law, David
In The Chair: Kooiman
House Bill No. 5508, entitled
A bill to amend 1984 PA 44, entitled "Motor fuels quality act," by amending the title and sections 2, 3, 5, 9b, 9d, 9g, 9h, 9i, 9j, 10b, 10c, and 10d (MCL 290.642, 290.643, 290.645, 290.649b, 290.649d, 290.649g, 290.649h, 290.649i, 290.649j, 290.650b, 290.650c, and 290.650d), the title and section 2 as amended and sections 9b, 9d, 9g, 9h, 9j, and 10c as added by 1993 PA 236, sections 3, 5, and 10b as amended by 2002 PA 13, section 9i as amended by 2004 PA 278, and section 10d as added by 1993 PA 231, and by adding sections 9k and 9l; and to repeal acts and parts of acts.
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.
Rep. Stakoe moved that Rule 45 be suspended.
The motion prevailed, 3/5 of the members present voting therefor.
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. 273 Yeas--105
Accavitti Elsenheimer Leland Robertson
Acciavatti Emmons Lemmons, III Rocca
Adamini Espinoza Lemmons, Jr. Sak
Amos Farhat Lipsey Schuitmaker
Anderson Farrah Marleau Shaffer
Angerer Gaffney Mayes Sheen
Ball Garfield McConico Sheltrown
Baxter Gillard McDowell Smith, Alma
Bennett Gleason Meisner Smith, Virgil
Bieda Gonzales Meyer Spade
Booher Gosselin Miller Stahl
Brandenburg Green Moolenaar Stakoe
Brown Hansen Moore Steil
Byrnes Hildenbrand Mortimer Stewart
Byrum Hood Murphy Taub
Casperson Hoogendyk Newell Tobocman
Caswell Hopgood Nitz Vagnozzi
Caul Hummel Nofs Van Regenmorter
Cheeks Hune Palmer Vander Veen
Clack Hunter Palsrok Walker
Clemente Jones Pastor Ward
Condino Kahn Pavlov Waters
Cushingberry Kolb Pearce Wenke
DeRoche Kooiman Plakas Williams
Dillon LaJoy Polidori Wojno
Donigan Law, David Proos Zelenko
Drolet
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
Rep. Stakoe moved that House Bill No. 5493 be given immediate effect.
The question being on the motion made by Rep. Stakoe,
Rep. Waters demanded the yeas and nays.
The demand was supported.
The question being on the motion made by Rep. Stakoe,
The motion did not prevail, 2/3 of the members serving not voting therefor, by yeas and nays, as follows:
Roll Call No. 274 Yeas--61
Accavitti Farhat Marleau Robertson
Acciavatti Gaffney McDowell Rocca
Amos Garfield Meyer Schuitmaker
Angerer Gosselin Moolenaar Shaffer
Ball Green Moore Sheen
Baxter Hansen Mortimer Sheltrown
Booher Hildenbrand Newell Stahl
Brandenburg Hoogendyk Nitz Stakoe
Casperson Hummel Nofs Steil
Caswell Hune Palmer Taub
Caul Jones Palsrok Van Regenmorter
DeRoche Kahn Pastor Vander Veen
Dillon Kooiman Pavlov Walker
Drolet LaJoy Pearce Ward
Elsenheimer Law, David Proos Wenke
Emmons
Nays--44
Adamini Cushingberry Leland Sak
Anderson Donigan Lemmons, III Smith, Alma
Bennett Espinoza Lemmons, Jr. Smith, Virgil
Bieda Farrah Lipsey Spade
Brown Gillard Mayes Stewart
Byrnes Gleason McConico Tobocman
Byrum Gonzales Meisner Vagnozzi
Cheeks Hood Miller Waters
Clack Hopgood Murphy Williams
Clemente Hunter Plakas Wojno
Condino Kolb Polidori Zelenko
In The Chair: Kooiman
Rep. Stakoe moved that House Bill No. 5750 be given immediate effect.
The question being on the motion made by Rep. Stakoe,
Rep. Waters demanded the yeas and nays.
The demand was supported.
The question being on the motion made by Rep. Stakoe,
The motion did not prevail, 2/3 of the members serving not voting therefor, by yeas and nays, as follows:
Roll Call No. 275 Yeas--61
Accavitti Farhat Marleau Robertson
Acciavatti Gaffney McDowell Rocca
Amos Garfield Meyer Schuitmaker
Angerer Gosselin Moolenaar Shaffer
Ball Green Moore Sheen
Baxter Hansen Mortimer Sheltrown
Booher Hildenbrand Newell Stahl
Brandenburg Hoogendyk Nitz Stakoe
Casperson Hummel Nofs Steil
Caswell Hune Palmer Taub
Caul Jones Palsrok Van Regenmorter
DeRoche Kahn Pastor Vander Veen
Dillon Kooiman Pavlov Walker
Drolet LaJoy Pearce Ward
Elsenheimer Law, David Proos Wenke
Emmons
Nays--44
Adamini Cushingberry Leland Sak
Anderson Donigan Lemmons, III Smith, Alma
Bennett Espinoza Lemmons, Jr. Smith, Virgil
Bieda Farrah Lipsey Spade
Brown Gillard Mayes Stewart
Byrnes Gleason McConico Tobocman
Byrum Gonzales Meisner Vagnozzi
Cheeks Hood Miller Waters
Clack Hopgood Murphy Williams
Clemente Hunter Plakas Wojno
Condino Kolb Polidori Zelenko
In The Chair: Kooiman
Rep. Stakoe moved that House Bill No. 5538 be given immediate effect.
The question being on the motion made by Rep. Stakoe,
Rep. Waters demanded the yeas and nays.
The demand was supported.
The question being on the motion made by Rep. Stakoe,
The motion prevailed, 2/3 of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 276 Yeas--105
Accavitti Elsenheimer Leland Robertson
Acciavatti Emmons Lemmons, III Rocca
Adamini Espinoza Lemmons, Jr. Sak
Amos Farhat Lipsey Schuitmaker
Anderson Farrah Marleau Shaffer
Angerer Gaffney Mayes Sheen
Ball Garfield McConico Sheltrown
Baxter Gillard McDowell Smith, Alma
Bennett Gleason Meisner Smith, Virgil
Bieda Gonzales Meyer Spade
Booher Gosselin Miller Stahl
Brandenburg Green Moolenaar Stakoe
Brown Hansen Moore Steil
Byrnes Hildenbrand Mortimer Stewart
Byrum Hood Murphy Taub
Casperson Hoogendyk Newell Tobocman
Caswell Hopgood Nitz Vagnozzi
Caul Hummel Nofs Van Regenmorter
Cheeks Hune Palmer Vander Veen
Clack Hunter Palsrok Walker
Clemente Jones Pastor Ward
Condino Kahn Pavlov Waters
Cushingberry Kolb Pearce Wenke
DeRoche Kooiman Plakas Williams
Dillon LaJoy Polidori Wojno
Donigan Law, David Proos Zelenko
Drolet
Nays--0
In The Chair: Kooiman
Rep. Stakoe moved that Senate Bill No. 859 be given immediate effect.
The question being on the motion made by Rep. Stakoe,
Rep. Waters demanded the yeas and nays.
The demand was supported.
The question being on the motion made by Rep. Stakoe,
The motion prevailed, 2/3 of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 277 Yeas--105
Accavitti Elsenheimer Leland Robertson
Acciavatti Emmons Lemmons, III Rocca
Adamini Espinoza Lemmons, Jr. Sak
Amos Farhat Lipsey Schuitmaker
Anderson Farrah Marleau Shaffer
Angerer Gaffney Mayes Sheen
Ball Garfield McConico Sheltrown
Baxter Gillard McDowell Smith, Alma
Bennett Gleason Meisner Smith, Virgil
Bieda Gonzales Meyer Spade
Booher Gosselin Miller Stahl
Brandenburg Green Moolenaar Stakoe
Brown Hansen Moore Steil
Byrnes Hildenbrand Mortimer Stewart
Byrum Hood Murphy Taub
Casperson Hoogendyk Newell Tobocman
Caswell Hopgood Nitz Vagnozzi
Caul Hummel Nofs Van Regenmorter
Cheeks Hune Palmer Vander Veen
Clack Hunter Palsrok Walker
Clemente Jones Pastor Ward
Condino Kahn Pavlov Waters
Cushingberry Kolb Pearce Wenke
DeRoche Kooiman Plakas Williams
Dillon LaJoy Polidori Wojno
Donigan Law, David Proos Zelenko
Drolet
Nays--0
In The Chair: Kooiman
Rep. Stakoe moved that House Bill No. 5492 be given immediate effect.
The question being on the motion made by Rep. Stakoe,
Rep. Waters demanded the yeas and nays.
The demand was supported.
The question being on the motion made by Rep. Stakoe,
The motion prevailed, 2/3 of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 278 Yeas--104
Accavitti Elsenheimer Leland Robertson
Acciavatti Emmons Lemmons, III Rocca
Adamini Espinoza Lemmons, Jr. Sak
Amos Farhat Lipsey Schuitmaker
Anderson Farrah Marleau Shaffer
Angerer Gaffney Mayes Sheen
Ball Garfield McConico Sheltrown
Baxter Gillard McDowell Smith, Alma
Bennett Gleason Meisner Smith, Virgil
Bieda Gonzales Meyer Spade
Booher Gosselin Miller Stahl
Brandenburg Green Moolenaar Stakoe
Brown Hansen Moore Steil
Byrnes Hildenbrand Mortimer Stewart
Byrum Hood Murphy Taub
Casperson Hoogendyk Newell Tobocman
Caswell Hopgood Nitz Vagnozzi
Caul Hummel Nofs Van Regenmorter
Cheeks Hune Palmer Vander Veen
Clack Hunter Palsrok Walker
Clemente Jones Pastor Ward
Condino Kahn Pavlov Waters
Cushingberry Kolb Pearce Wenke
DeRoche Kooiman Plakas Williams
Dillon LaJoy Polidori Wojno
Donigan Law, David Proos Zelenko
Nays--1
Drolet
In The Chair: Kooiman
Rep. Stakoe moved that House Bill No. 4478 be given immediate effect.
The question being on the motion made by Rep. Stakoe,
Rep. Waters demanded the yeas and nays.
The demand was supported.
The question being on the motion made by Rep. Stakoe,
The motion prevailed, 2/3 of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 279 Yeas--101
Accavitti Drolet Law, David Rocca
Acciavatti Elsenheimer Leland Sak
Adamini Emmons Lemmons, Jr. Schuitmaker
Amos Espinoza Lipsey Shaffer
Anderson Farhat Marleau Sheen
Angerer Farrah Mayes Sheltrown
Ball Gaffney McConico Smith, Alma
Baxter Garfield McDowell Smith, Virgil
Bennett Gillard Meisner Spade
Bieda Gleason Meyer Stahl
Booher Gonzales Miller Stakoe
Brandenburg Gosselin Moolenaar Steil
Brown Green Moore Stewart
Byrnes Hansen Mortimer Taub
Byrum Hildenbrand Newell Tobocman
Casperson Hood Nitz Vagnozzi
Caswell Hoogendyk Nofs Van Regenmorter
Caul Hopgood Palmer Vander Veen
Cheeks Hummel Palsrok Walker
Clack Hune Pastor Ward
Clemente Jones Pavlov Waters
Condino Kahn Pearce Wenke
Cushingberry Kolb Polidori Williams
DeRoche Kooiman Proos Wojno
Dillon LaJoy Robertson Zelenko
Donigan
Nays--0
In The Chair: Kooiman
Rep. Stakoe moved that House Bill No. 5747 be given immediate effect.
The question being on the motion made by Rep. Stakoe,
Rep. Waters demanded the yeas and nays.
The demand was supported.
The question being on the motion made by Rep. Stakoe,
The motion prevailed, 2/3 of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 280 Yeas--105
Accavitti Elsenheimer Leland Robertson
Acciavatti Emmons Lemmons, III Rocca
Adamini Espinoza Lemmons, Jr. Sak
Amos Farhat Lipsey Schuitmaker
Anderson Farrah Marleau Shaffer
Angerer Gaffney Mayes Sheen
Ball Garfield McConico Sheltrown
Baxter Gillard McDowell Smith, Alma
Bennett Gleason Meisner Smith, Virgil
Bieda Gonzales Meyer Spade
Booher Gosselin Miller Stahl
Brandenburg Green Moolenaar Stakoe
Brown Hansen Moore Steil
Byrnes Hildenbrand Mortimer Stewart
Byrum Hood Murphy Taub
Casperson Hoogendyk Newell Tobocman
Caswell Hopgood Nitz Vagnozzi
Caul Hummel Nofs Van Regenmorter
Cheeks Hune Palmer Vander Veen
Clack Hunter Palsrok Walker
Clemente Jones Pastor Ward
Condino Kahn Pavlov Waters
Cushingberry Kolb Pearce Wenke
DeRoche Kooiman Plakas Williams
Dillon LaJoy Polidori Wojno
Donigan Law, David Proos Zelenko
Drolet
Nays--0
In The Chair: Kooiman
Rep. Stakoe moved that House Bill No. 5748 be given immediate effect.
The question being on the motion made by Rep. Stakoe,
Rep. Waters demanded the yeas and nays.
The demand was supported.
The question being on the motion made by Rep. Stakoe,
The motion prevailed, 2/3 of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 281 Yeas--103
Accavitti Drolet Leland Rocca
Acciavatti Elsenheimer Lemmons, III Sak
Adamini Emmons Lemmons, Jr. Schuitmaker
Amos Espinoza Lipsey Shaffer
Anderson Farhat Marleau Sheen
Angerer Farrah Mayes Sheltrown
Ball Gaffney McConico Smith, Alma
Baxter Garfield McDowell Smith, Virgil
Bennett Gillard Meisner Spade
Bieda Gleason Meyer Stahl
Booher Gonzales Miller Stakoe
Brandenburg Gosselin Moolenaar Steil
Brown Green Moore Stewart
Byrnes Hansen Mortimer Taub
Byrum Hildenbrand Newell Tobocman
Casperson Hoogendyk Nitz Vagnozzi
Caswell Hopgood Nofs Van Regenmorter
Caul Hummel Palmer Vander Veen
Cheeks Hune Palsrok Walker
Clack Hunter Pastor Ward
Clemente Jones Pavlov Waters
Condino Kahn Pearce Wenke
Cushingberry Kolb Plakas Williams
DeRoche Kooiman Polidori Wojno
Dillon LaJoy Proos Zelenko
Donigan Law, David Robertson
Nays--0
In The Chair: Kooiman
Rep. Stakoe moved that House Bill No. 5682 be given immediate effect.
The question being on the motion made by Rep. Stakoe,
Rep. Waters demanded the yeas and nays.
The demand was supported.
The question being on the motion made by Rep. Stakoe,
The motion prevailed, 2/3 of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 282 Yeas--105
Accavitti Elsenheimer Leland Robertson
Acciavatti Emmons Lemmons, III Rocca
Adamini Espinoza Lemmons, Jr. Sak
Amos Farhat Lipsey Schuitmaker
Anderson Farrah Marleau Shaffer
Angerer Gaffney Mayes Sheen
Ball Garfield McConico Sheltrown
Baxter Gillard McDowell Smith, Alma
Bennett Gleason Meisner Smith, Virgil
Bieda Gonzales Meyer Spade
Booher Gosselin Miller Stahl
Brandenburg Green Moolenaar Stakoe
Brown Hansen Moore Steil
Byrnes Hildenbrand Mortimer Stewart
Byrum Hood Murphy Taub
Casperson Hoogendyk Newell Tobocman
Caswell Hopgood Nitz Vagnozzi
Caul Hummel Nofs Van Regenmorter
Cheeks Hune Palmer Vander Veen
Clack Hunter Palsrok Walker
Clemente Jones Pastor Ward
Condino Kahn Pavlov Waters
Cushingberry Kolb Pearce Wenke
DeRoche Kooiman Plakas Williams
Dillon LaJoy Polidori Wojno
Donigan Law, David Proos Zelenko
Drolet
Nays--0
In The Chair: Kooiman
Rep. Stakoe moved that Senate Bill No. 866 be given immediate effect.
The question being on the motion made by Rep. Stakoe,
Rep. Waters demanded the yeas and nays.
The demand was supported.
The question being on the motion made by Rep. Stakoe,
The motion prevailed, 2/3 of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 283 Yeas--105
Accavitti Elsenheimer Leland Robertson
Acciavatti Emmons Lemmons, III Rocca
Adamini Espinoza Lemmons, Jr. Sak
Amos Farhat Lipsey Schuitmaker
Anderson Farrah Marleau Shaffer
Angerer Gaffney Mayes Sheen
Ball Garfield McConico Sheltrown
Baxter Gillard McDowell Smith, Alma
Bennett Gleason Meisner Smith, Virgil
Bieda Gonzales Meyer Spade
Booher Gosselin Miller Stahl
Brandenburg Green Moolenaar Stakoe
Brown Hansen Moore Steil
Byrnes Hildenbrand Mortimer Stewart
Byrum Hood Murphy Taub
Casperson Hoogendyk Newell Tobocman
Caswell Hopgood Nitz Vagnozzi
Caul Hummel Nofs Van Regenmorter
Cheeks Hune Palmer Vander Veen
Clack Hunter Palsrok Walker
Clemente Jones Pastor Ward
Condino Kahn Pavlov Waters
Cushingberry Kolb Pearce Wenke
DeRoche Kooiman Plakas Williams
Dillon LaJoy Polidori Wojno
Donigan Law, David Proos Zelenko
Drolet
Nays--0
In The Chair: Kooiman
______
Rep. Stakoe 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 Agriculture, by Rep. Nitz, Chair, reported
House Resolution No. 181.
A resolution to memorialize the Congress of the United States to fund fully the Select Michigan agricultural program through the United States Department of Agriculture.
(For text of resolution, see House Journal No. 4, p. 29.)
With the recommendation that the resolution be adopted.
The resolution was laid over one day under the rules.
Favorable Roll Call
To Report Out:
Yeas: Reps. Nitz, Ball, Newell, Casperson, Stahl, Proos, Hune, Mayes, Spade, Kathleen Law and Sheltrown
Nays: None
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Nitz, Chair, of the Committee on Agriculture, was received and read:
Meeting held on: Tuesday, March 21, 2006
Present: Reps. Nitz, Ball, Newell, Casperson, Stahl, Proos, Hune, Mayes, Spade, Kathleen Law and Sheltrown
The Committee on Education, by Rep. Palmer, Chair, reported
House Bill No. 4375, entitled
A bill to amend 1976 PA 451, entitled "The revised school code," (MCL 380.1 to 380.1852) by adding section 1171.
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. Palmer, Mortimer, Meyer, Hoogendyk, Vander Veen, Wenke, Ball, Hildenbrand, Proos, Robertson, Hopgood, Miller, Angerer, Virgil Smith, Clack, Vagnozzi and Polidori
Nays: None
The Committee on Education, by Rep. Palmer, Chair, reported
House Bill No. 5760, entitled
A bill to amend 1980 PA 300, entitled "The public school employees retirement act of 1979," by amending section 61 (MCL 38.1361), as amended by 2004 PA 5.
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, Meyer, Vander Veen, Wenke, Ball, Hildenbrand, Pearce, Proos, Robertson, Hopgood, Miller, Angerer, Clack, Vagnozzi and Polidori
Nays: None
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Palmer, Chair, of the Committee on Education, was received and read:
Meeting held on: Wednesday, March 22, 2006
Present: Reps. Palmer, Mortimer, Gosselin, Meyer, Hoogendyk, Vander Veen, Wenke, Ball, Hildenbrand, Pearce, Proos, Robertson, Hopgood, Miller, Angerer, Virgil Smith, Clack, Vagnozzi and Polidori
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Huizenga, Chair, of the Committee on Commerce, was received and read:
Meeting held on: Wednesday, March 22, 2006
Present: Reps. Huizenga, Baxter, Palsrok, Wenke, Green, Hildenbrand, Jones, David Law, Marleau, Pavlov, Schuitmaker, Meisner, Tobocman, Murphy, Dillon, Bennett and Accavitti
Absent: Reps. Emmons and McConico
Excused: Reps. Emmons and McConico
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, March 22:
House Bill Nos. 5893 5894 5895 5896 5897 5898 5899 5900 5901 5902
Senate Bill Nos. 1172 1173 1174 1175 1176 1177 1178 1179 1180 1181 1182 1183
The Clerk announced that the following Senate bills had been received on Wednesday, March 22:
Senate Bill Nos. 971 972 1044 1104
By unanimous consent the House returned to the order of
Messages from the Senate
House Bill No. 5743, entitled
A bill to repeal acts and parts of acts.
The Senate has amended the bill as follows:
1. Amend page 1, following line 7, by striking out all of enacting section 4 and inserting:
"Enacting section 4. The legislature shall replace the single business tax imposed under the single business tax act, 1975 PA 228, MCL 208.1 to 208.145, with a tax or taxes that are more conducive to job creation, investment, and economic growth. The legislature shall not replace revenues not collected based on the repeal by this act of the single business tax act, 1975 PA 228, MCL 208.1 to 208.145, with an increase in the rate or base of any of the following:
(a) The state income tax imposed under the income tax act of 1967, 1967 PA 281, MCL 206.1 to 206.532.
(b) The sales tax imposed under the general sales tax act, 1933 PA 167, MCL 205.51 to 205.78.
(c) The use tax imposed under the use tax act, 1937 PA 94, MCL 205.91 to 205.111.
(d) Taxes collected on residential real property that is not leased or rented for more than 50% of any calendar year and on principal residences. As used in this subdivision:
(i) "Principal residence" means property exempt under section 7cc of the general property tax act, 1893 PA 206, MCL 211.7cc.
(ii) "Residential real property" means property classified as residential real property under section 34c of the general property tax act, 1893 PA 206, MCL 211.34c.
(e) Any other tax the economic incidence of which is on individuals.
Enacting section 5. Before January 1, 2007, the governor's council of economic advisors, created in Executive Order No. 2003-8, shall develop a plan to replace all or a portion of the revenues not collected related to the repeal of the single business tax act, 1975 PA 228, MCL 208.1 to 208.145, by this act. Before January 1, 2007, the governor's council of economic advisors shall report the plan to the governor, the senate majority leader, the speaker of the house of representatives, and the senate and house standing committees that deal with tax and finance matters.".
The Senate has passed the bill as amended.
The Speaker announced that pursuant to Rule 45, the bill was laid over one day.
Senate Bill No. 971, entitled
A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending sections 35103 and 74102a (MCL 324.35103 and 324.74102a), section 35103 as amended by 1996 PA 290 and section 74102a as added by 2004 PA 392, and by adding section 74102b.
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. 972, entitled
A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending section 2131 (MCL 324.2131), as amended by 2001 PA 174.
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. 1044, entitled
A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending section 76702 (MCL 324.76702), as added by 1995 PA 58.
The Senate has passed the bill.
The bill was read a first time by its title and referred to the Committee on Conservation, Forestry, and Outdoor Recreation.
Senate Bill No. 1104, entitled
A bill to amend 1961 PA 236, entitled "Revised judicature act of 1961," by amending section 2534 (MCL 600.2534), as amended by 1996 PA 378.
The Senate has passed the bill.
The bill was read a first time by its title and referred to the Committee on Judiciary.
Senate Concurrent Resolution No. 39.
A concurrent resolution to request the State Bar of Michigan and the National Legal Aid and Defender Association to issue a joint report to the Legislature on the number and types of cases and the costs resulting from court-appointed attorneys for indigent criminal cases in Michigan.
Whereas, The Michigan Constitution of 1963, in Article I, Section 20, provides that an accused person is ". . . to have the assistance of counsel for his or her defense" and ". . . to have such reasonable assistance as may be necessary to perfect and prosecute an appeal"; and
Whereas, The people of Michigan expect the government to administer a system of justice that is just, swift, accountable, and frugal; and
Whereas, Michigan has no accounting for the total number of misdemeanor, felony, juvenile, mental health, and appellate cases requiring the appointment of counsel; and
Whereas, Michigan has incomplete accounting for expenditures dedicated to public defense services; and
Whereas, The Michigan Supreme Court and the State Court Administrative Office have demonstrated a commendable commitment to the collection of complete data on court assignment of counsel; and
Whereas, The National Legal Aid and Defender Association is a national, nonprofit association that has a research division with a discrete national capacity for public defense data collection, research, standards-based evaluation, and technical assistance to help state and local government policymakers determine the most efficient and effective manner to deliver the constitutional right to counsel; and
Whereas, A mission of the State Bar of Michigan is to "aid in promoting improvements in the administration of justice"; and
Whereas, Both the State Bar of Michigan and the National Legal Aid and Defender Association have independent funding and the capacity to provide data collection services at no cost to the taxpayers of Michigan; now, therefore, be it
Resolved by the Senate (the House of Representatives concurring), That we respectfully request the State Bar of Michigan and the National Legal Aid and Defender Association to collect information in cooperation with the State Court Administrative Office and issue a joint report to the Michigan Legislature on the costs of indigent criminal cases, the number of criminal cases assigned to court-appointed attorneys, and the types of criminal cases that receive court appointed attorneys in Michigan. We urge that the report be provided to the chairpersons of the Judiciary Committees of the House and Senate and the chairpersons of the appropriate subcommittees of the House and Senate Appropriations Committees; and be it further
Resolved, That copies of this resolution be transmitted to the Michigan Supreme Court, the State Bar of Michigan and the National Legal Aid and Defender Association.
The Senate has adopted the concurrent resolution.
Reps. Accavitti, Adamini, Ball, Bieda, Booher, Brandenburg, Brown, Byrnes, Caul, Clack, Condino, Cushingberry, Elsenheimer, Espinoza, Farrah, Gillard, Gleason, Gonzales, Gosselin, Hansen, Hopgood, Hummel, Jones, Kolb, Lemmons, Jr., Lipsey, Meisner, Meyer, Miller, Murphy, Nofs, Pastor, Pearce, Proos, Sak, Shaffer, Sheen, Alma Smith, Virgil Smith, Spade, Steil, Taub, Tobocman, Vagnozzi and Vander Veen were named co-sponsors of the concurrent resolution.
The concurrent resolution was referred to the Committee on Judiciary.
Communications from State Officers
The following communication from the Auditor General was received and read:
March 21, 2006
Enclosed is a copy of the following audit report and/or report summary:
Performance audit of the Receipts Processing Division,
Department of Treasury
March 2006
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.
Introduction of Bills
Reps. Hoogendyk, Pastor, Garfield, Gosselin, Drolet, Sheen, Kooiman, Stahl and Palmer introduced
House Bill No. 5903, entitled
A bill to establish a higher education enrollment option grant program for certain students; to prescribe certain duties of public schools; and to prescribe certain powers and duties of certain postsecondary educational institutions and state departments, officials, and agencies.
The bill was read a first time by its title and referred to the Committee on Government Operations.
Reps. Palmer, Pastor, Garfield, Gosselin, Drolet, Sheen, Hoogendyk, Kooiman and Stahl introduced
House Bill No. 5904, entitled
A bill to amend 1976 PA 451, entitled "The revised school code," by amending section 1561 (MCL 380.1561), as amended by 1996 PA 339.
The bill was read a first time by its title and referred to the Committee on Government Operations.
Reps. Bieda, Condino, Lipsey, Alma Smith, Tobocman, Kolb, Espinoza, Green, Vagnozzi, Gleason and Jones introduced
House Bill No. 5905, entitled
A bill to regulate eyewitness identifications; and to provide for certain powers and duties of certain state and local officers and agencies.
The bill was read a first time by its title and referred to the Committee on Judiciary.
Rep. Alma Smith moved that the House adjourn.
The motion prevailed, the time being 4:05 p.m.
The Speaker Pro Tempore declared the House adjourned until Thursday, March 23, at 10:30 a.m.
GARY L. RANDALL
Clerk of the House of Representatives