No. 13
STATE OF MICHIGAN
JOURNAL
OF THE
House of Representatives
92nd Legislature
REGULAR SESSION OF 2004
House Chamber, Lansing, Tuesday, February 17, 2004.
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 Garfield--excused Meisner--present Sheen--present
Acciavatti--present Gieleghem--present Meyer--present Sheltrown--present
Adamini--present Gillard--present Middaugh--present Shulman--present
Amos--present Gleason--present Milosch--present Smith--present
Anderson--present Hager--present Minore--present Spade--present
Bieda--present Hardman--present Moolenaar--present Stahl--present
Bisbee--present Hart--excused Mortimer--present Stakoe--present
Bradstreet--present Hood--present Murphy--present Stallworth--present
Brandenburg--present Hoogendyk--present Newell--present Steil--present
Brown--present Hopgood--present Nitz--present Stewart--present
Byrum--present Howell--present Nofs--present Tabor--excused
Casperson--present Huizenga--present O'Neil--present Taub--present
Caswell--present Hummel--present Palmer--present Tobocman--present
Caul--present Hune--present Palsrok--present Vagnozzi--present
Cheeks--present Hunter--present Pappageorge--present Van Regenmorter--present
Clack--present Jamnick--present Pastor--present Vander Veen--present
Condino--present Johnson, Rick--present Phillips--present Voorhees--present
Daniels--present Johnson, Ruth--present Plakas--present Walker--present
Dennis--present Julian--present Pumford--present Ward--present
DeRoche--present Koetje--present Reeves--present Waters--present
DeRossett--present Kolb--present Richardville--present Wenke--present
Drolet--present Kooiman--present Rivet--present Whitmer--present
Ehardt--present LaJoy--present Robertson--present Williams--present
Elkins--present LaSata--present Rocca--present Wojno--present
Emmons--present Law--present Sak--present Woodward--present
Farhat--present Lipsey--present Shackleton--present Woronchak--present
Farrah--present McConico--present Shaffer--present Zelenko--present
Gaffney--present
e/d/s = entered during session
Rep. Glenn S. Anderson, from the 18th District, offered the following invocation:
"O Lord, make me an instrument of Thy peace.
Where there is hatred, let me bring love;
Where there is resentment, let me bring forgiveness;
Where there is discord, let me bring unity;
Where there is doubt, let me bring faith;
Where there is error, let me bring truth;
Where there is despair, let me bring happiness;
Where there is sadness, let me bring joy;
Where there is darkness, let me bring light.
O Master, grant that I may desire
To console rather than to be consoled;
To understand rather than to be understood;
To love rather than to be loved.
Because, it is in giving that we receive,
In forgiving that we obtain forgiveness,
In dying that we rise to eternal life.
Amen."
______
Rep. Palmer moved that Reps. Garfield, Hart and Tabor be excused from today's session.
The motion prevailed.
Rep. Nitz moved that Rep. Drolet be excused temporarily from today's session.
The motion prevailed.
Messages from the Senate
The Speaker laid before the House
House Bill No. 4463, entitled
A bill to amend 1949 PA 300, entitled "Michigan vehicle code," (MCL 257.1 to 257.923) by adding section 811q.
(The bill was received from the Senate on February 12, 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. 12, p. 188.)
The question being on concurring in the substitute (S-1) made to the bill by the Senate,
Rep. Robertson moved to amend the Senate substitute (S-1) as follows:
1. Amend page 2, line 17, by striking out all of enacting section 1.
The motion prevailed and the amendment was adopted, a majority of the members serving voting therefor.
The question being on concurring in the substitute (S-1) made to the bill by the Senate,
The substitute (S-1), as amended, was concurred in, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 54 Yeas--89
Accavitti Gieleghem Middaugh Sheltrown
Acciavatti Gillard Milosch Shulman
Adamini Gleason Moolenaar Spade
Amos Hager Mortimer Stahl
Anderson Hoogendyk Murphy Stakoe
Bieda Hopgood Newell Steil
Bisbee Howell Nitz Stewart
Bradstreet Huizenga Nofs Taub
Brandenburg Hummel O'Neil Tobocman
Brown Hune Palmer Vagnozzi
Casperson Jamnick Palsrok Van Regenmorter
Caswell Johnson, Rick Pappageorge Vander Veen
Caul Johnson, Ruth Pastor Voorhees
Condino Julian Plakas Walker
Dennis Koetje Pumford Ward
DeRoche Kolb Richardville Wenke
DeRossett Kooiman Robertson Whitmer
Ehardt LaJoy Rocca Williams
Elkins LaSata Sak Wojno
Emmons Law Shackleton Woodward
Farhat Meisner Shaffer Woronchak
Farrah Meyer Sheen Zelenko
Gaffney
Nays--13
Cheeks Hood Phillips Smith
Clack Lipsey Reeves Stallworth
Daniels McConico Rivet Waters
Hardman
In The Chair: Julian
The House agreed to the full title of the bill.
The Speaker laid before the House
House Bill No. 5183, entitled
A bill to amend 1939 PA 280, entitled "The social welfare act," (MCL 400.1 to 400.119b) by adding section 18e.
(The bill was received from the Senate on February 12, with amendments, full title inserted and immediate effect given by the Senate, consideration of which, under the rules, was postponed until today, see House Journal No. 12, p. 189.)
The question being on concurring in the amendments made to the bill by the Senate,
The amendments were concurred in, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 55 Yeas--105
Accavitti Gieleghem Meyer Sheen
Acciavatti Gillard Middaugh Sheltrown
Adamini Gleason Milosch Shulman
Amos Hager Minore Smith
Anderson Hardman Moolenaar Spade
Bieda Hood Mortimer Stahl
Bisbee Hoogendyk Murphy Stakoe
Bradstreet Hopgood Newell Stallworth
Brandenburg Howell Nitz Steil
Brown Huizenga Nofs Stewart
Byrum Hummel O'Neil Taub
Casperson Hune Palmer Tobocman
Caswell Hunter Palsrok Vagnozzi
Caul Jamnick Pappageorge Van Regenmorter
Cheeks Johnson, Rick Pastor Vander Veen
Clack Johnson, Ruth Phillips Voorhees
Condino Julian Plakas Walker
Daniels Koetje Pumford Ward
Dennis Kolb Reeves Waters
DeRoche Kooiman Richardville Wenke
DeRossett LaJoy Rivet Whitmer
Ehardt LaSata Robertson Williams
Elkins Law Rocca Wojno
Emmons Lipsey Sak Woodward
Farhat McConico Shackleton Woronchak
Farrah Meisner Shaffer Zelenko
Gaffney
Nays--0
In The Chair: Julian
The House agreed to the full title of the bill.
The bill was referred to the Clerk for enrollment printing and presentation to the Governor.
Second Reading of Bills
House Bill No. 5434, entitled
A bill to amend 1967 PA 281, entitled "Income tax act of 1967," by amending section 471 (MCL 206.471), as amended by 2002 PA 486.
The bill was read a second time.
Rep. Taub moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
Rep. Richardville 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. 5434, entitled
A bill to amend 1967 PA 281, entitled "Income tax act of 1967," by amending section 471 (MCL 206.471), as amended by 2002 PA 486.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 56 Yeas--74
Acciavatti Gaffney Middaugh Sheen
Adamini Gillard Milosch Sheltrown
Amos Gleason Moolenaar Shulman
Bisbee Hager Mortimer Spade
Bradstreet Hoogendyk Newell Stahl
Brandenburg Howell Nitz Stakoe
Brown Huizenga Nofs Steil
Casperson Hummel Palmer Stewart
Caswell Hune Palsrok Taub
Caul Johnson, Rick Pappageorge Vagnozzi
Clack Johnson, Ruth Pastor Van Regenmorter
Condino Julian Pumford Vander Veen
Dennis Koetje Richardville Voorhees
DeRoche Kolb Rivet Walker
DeRossett Kooiman Robertson Ward
Ehardt LaJoy Rocca Wenke
Elkins LaSata Shackleton Woronchak
Emmons McConico Shaffer Zelenko
Farhat Meyer
Nays--31
Accavitti Hardman Minore Stallworth
Anderson Hood Murphy Tobocman
Bieda Hopgood O'Neil Waters
Byrum Hunter Phillips Whitmer
Cheeks Jamnick Plakas Williams
Daniels Law Reeves Wojno
Farrah Lipsey Sak Woodward
Gieleghem Meisner Smith
In The Chair: Julian
The House agreed to the title of the bill.
Rep. Richardville moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
______
Rep. Law, having reserved the right to explain her protest against the passage of the bill, made the following statement:
"Mr. Speaker and members of the House:
I voted no on HB5434, in support of Treasury, because the e-filing of tax returns saves the State Treasury over $3.0 M. Tax professionals who file over 200 returns are required to file electronically but the average person is not. As a representative I understand the concerns some of my constituents have expressed over e-filing of their tax returns. It would behoove all representatives to outreach and explain to our seniors and constituents that to file electronically means one gets ones tax return very quickly and saves the State money."
Second Reading of Bills
House Bill No. 5440, entitled
A bill to amend 1975 PA 228, entitled "Single business tax act," by amending section 80 (MCL 208.80), as added by 1985 PA 139.
The bill was read a second time.
Rep. Emmons moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
Rep. Richardville 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. 5440, entitled
A bill to amend 1975 PA 228, entitled "Single business tax act," by amending section 80 (MCL 208.80), as added by 1985 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. 57 Yeas--70
Acciavatti Gillard Moolenaar Sheltrown
Adamini Gleason Mortimer Shulman
Amos Hager Newell Spade
Bisbee Hoogendyk Nitz Stahl
Bradstreet Howell Nofs Stakoe
Brandenburg Huizenga Palmer Steil
Brown Hummel Palsrok Stewart
Casperson Hune Pappageorge Taub
Caul Johnson, Rick Pastor Vagnozzi
Condino Johnson, Ruth Pumford Van Regenmorter
Dennis Julian Richardville Vander Veen
DeRoche Koetje Rivet Voorhees
DeRossett Kooiman Robertson Walker
Ehardt LaJoy Rocca Ward
Elkins LaSata Shackleton Wenke
Emmons Meyer Shaffer Woronchak
Farhat Middaugh Sheen Zelenko
Gaffney Milosch
Nays--35
Accavitti Gieleghem McConico Smith
Anderson Hardman Meisner Stallworth
Bieda Hood Minore Tobocman
Byrum Hopgood Murphy Waters
Caswell Hunter O'Neil Whitmer
Cheeks Jamnick Phillips Williams
Clack Kolb Plakas Wojno
Daniels Law Reeves Woodward
Farrah Lipsey Sak
In The Chair: Julian
The House agreed to the title of the bill.
Rep. Richardville moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
______
Rep. Law, having reserved the right to explain her protest against the passage of the bill, made the following statement:
"Mr. Speaker and members of the House:
I voted no on HB5440, in support of Treasury, because the e-filing of tax returns saves the State Treasury over $3.0 M. Tax professionals who file over 200 returns are required to file electronically but the average person is not. As a representative I understand the concerns some of my constituents have expressed over e-filing of their tax returns. It would behoove all representatives to outreach and explain to our seniors and constituents that to file electronically means one gets ones tax return very quickly and saves the State money."
Second Reading of Bills
House Bill No. 5476, entitled
A bill to amend 1976 PA 451, entitled "The revised school code," by amending sections 1535a, 1539a, and 1539b (MCL 380.1535a, 380.1539a, and 380.1539b), as amended by 1995 PA 289.
Was read a second time, and the question being on the adoption of the proposed substitute (H-3) previously recommended by the Committee on Education,
The substitute (H-3) was adopted, a majority of the members serving voting therefor.
Rep. DeRoche moved to substitute (H-4) the bill.
The motion prevailed and the substitute (H-4) was adopted, a majority of the members serving voting therefor.
Rep. DeRoche moved to amend the bill as follows:
1. Amend page 4, line 23, by striking out all of subsection (3) and inserting:
"(3) The superintendent of public instruction shall not take action against a person's teaching certificate under subsection (1) or (2) solely because of a conviction that occurred before the effective date of the amendatory act that added this subsection unless the superintendent of public instruction finds that the conviction is reasonably and adversely related to the person's present fitness to serve in an elementary or secondary school in this state.".
2. Amend page 12, line 15, by striking out all of subsection (3) and inserting:
"(3) The superintendent of public instruction shall not take action against a person's state board approval under subsection (1) or (2) solely because of a conviction that occurred before the effective date of the amendatory act that added this subsection unless the superintendent of public instruction finds that the conviction is reasonably and adversely related to the person's present fitness to serve in an elementary or secondary school in this state.".
The motion prevailed and the amendments were adopted, a majority of the members serving voting therefor.
Rep. DeRoche moved to amend the bill as follows:
1. Amend page 1, line 3, after "subsection," by inserting "within 5 working days after receiving notice of the conviction".
2. Amend page 9, line 14, after "subsection," by inserting "within 5 working days after receiving notice of the conviction".
The motion prevailed and the amendments were adopted, a majority of the members serving voting therefor.
Rep. DeRoche moved to amend the bill as follows:
1. Amend page 8, following line 6, by inserting:
"(10) Not later than 6 months after the effective date of the amendatory act that added this subsection, the superintendent of public instruction shall submit to the legislature an inventory report with information on all final actions taken under this section for the time period from the date this section was added to this act until the effective date of the amendatory act that added this subsection. The report shall contain at least all of the information required in the quarterly report under subsection (9) with respect to each person whose teaching certificate was affected during that time period." and renumbering the remaining subsections.
2. Amend page 16, following line 1, by inserting:
"(10) Not later than 6 months after the effective date of the amendatory act that added this subsection, the superintendent of public instruction shall submit to the legislature an inventory report with information on all final actions taken under this section for the time period from the date this section was added to this act until the effective date of the amendatory act that added this subsection. The report shall contain at least all of the information required in the quarterly report under subsection (9) with respect to each person whose state board approval was affected during that time period." and renumbering the remaining subsections.
The motion prevailed and the amendments were adopted, a majority of the members serving voting therefor.
Rep. Bradstreet moved to amend the bill as follows:
1. Amend page 4, line 14, after "91," by inserting "145a, 145d,".
2. Amend page 4, line 18, after "750.91," by inserting "750.145a, 750.145d,".
3. Amend page 12, line 6, after "91," by inserting "145a, 145d,".
4. Amend page 12, line 10, after "750.91," by inserting "750.145a, 750.145d,".
The motion prevailed and the amendments were adopted, a majority of the members serving voting therefor.
Rep. Bradstreet moved to amend the bill as follows:
1. Amend page 4, line 5, after the first "child" by striking out the balance of the subdivision and inserting a period.
2. Amend page 11, line 24, after the first "child" by striking out the balance of the subdivision and inserting a period.
The motion prevailed and the amendments were adopted, a majority of the members serving voting therefor.
Rep. DeRoche moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
Rep. Richardville 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. 5476, entitled
A bill to amend 1976 PA 451, entitled "The revised school code," by amending sections 1535a, 1539a, and 1539b (MCL 380.1535a, 380.1539a, and 380.1539b), as amended by 1995 PA 289.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 58 Yeas--98
Accavitti Gillard Middaugh Sheltrown
Acciavatti Gleason Milosch Shulman
Adamini Hager Moolenaar Smith
Amos Hardman Mortimer Spade
Anderson Hood Murphy Stahl
Bieda Hoogendyk Newell Stakoe
Bisbee Hopgood Nitz Steil
Bradstreet Howell Nofs Stewart
Brandenburg Huizenga O'Neil Taub
Brown Hummel Palmer Tobocman
Byrum Hune Palsrok Vagnozzi
Casperson Hunter Pappageorge Van Regenmorter
Caswell Jamnick Pastor Vander Veen
Caul Johnson, Rick Plakas Voorhees
Clack Johnson, Ruth Pumford Walker
Condino Julian Reeves Ward
Dennis Koetje Richardville Waters
DeRoche Kolb Rivet Wenke
DeRossett Kooiman Robertson Whitmer
Elkins LaJoy Rocca Williams
Emmons LaSata Sak Wojno
Farhat Law Shackleton Woodward
Farrah Lipsey Shaffer Woronchak
Gaffney Meisner Sheen Zelenko
Gieleghem Meyer
Nays--6
Cheeks McConico Phillips Stallworth
Daniels Minore
In The Chair: Julian
The question being on agreeing to the title of the bill,
Rep. Richardville moved to amend the title to read as follows:
A bill to amend 1976 PA 451, entitled "The revised school code," by amending sections 1535a and 1539b (MCL 380.1535a and 380.1539b), as amended by 1995 PA 289; and to repeal acts and parts of acts.
The motion prevailed.
The House agreed to the title as amended.
Rep. Richardville moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
______
Rep. Richardville moved that House Committees be given leave to meet during the balance of today's session.
The motion prevailed.
By unanimous consent the House returned to the order of
Motions and Resolutions
Reps. Meisner, Law, Tobocman, Gleason, Elkins, Hopgood, McConico, Vagnozzi, Condino, O'Neil, Minore, Wenke and Pappageorge offered the following concurrent resolution:
House Concurrent Resolution No. 47.
A concurrent resolution to create a tax expenditure joint study committee to make recommendations on the effectiveness and cost of tax expenditures in Michigan.
Whereas, Michigan will forego $27 billion in state revenue for fiscal year 2003-2004 as a result of preferential provisions such as exclusions, deductions, exemptions, credits, deferrals, or lower tax rates, also known as tax expenditures; and
Whereas, Michigan has recently addressed serious budget difficulties, which required the state to resolve more than a $2.62 billion shortfall for fiscal year 2003-2004. Projections for the future include another major imbalance developing for the next fiscal year; and
Whereas, Many tax expenditures support the values of Michigan, make the basic needs of Michiganders more affordable, and help support economic growth and jobs in the state; and
Whereas, A detailed study of the effectiveness of each tax expenditure has not been undertaken during the recent budget crisis; and
Whereas, Many tax expenditures may not provide the job creation and positive economic impact originally intended. It is important to ensure that tax policies achieve economic development goals for the benefit of all Michigan citizens when balanced against the loss of revenues and state services; now therefore, be it
Resolved by the House of Representatives (the Senate concurring), That we establish the Tax Expenditure Joint Study Committee. The joint committee shall be comprised of the following membership:
--Three members of the Senate, with two appointed by the Senate Majority Leader and one appointed by the Senate Minority Leader;
--Three members of the House, with two appointed by the Speaker of the House and one appointed by the House Minority Leader;
--A member of the organized labor community appointed jointly by the legislators appointed to the Tax Expenditure Joint Study Committee;
--A member of the business community appointed jointly by the legislators appointed to the Tax Expenditure Joint Study Committee;
--A representative of the State Treasurer;
--A representative of the Director of the Department of Labor and Economic Growth; and
--A representative of the Director of the Department of Management and Budget.
The tax expenditure joint study committee shall explore the effectiveness of tax expenditures, study their relevance in today's economy and the goals of state government, and recommend the elimination, modification, or preservation of each of the individual tax expenditures currently in existence; and be it further
Resolved, That the tax expenditure joint study committee shall make recommendations to the Michigan Legislature not later than June 1, 2004; and be it further
Resolved, That the joint committee is hereby authorized to expend a maximum amount of $5,000 in carrying out its duties and such additional expenditures deemed necessary and approved by the Senate Majority Leader and the Speaker of the House. Payment for contractual services may be authorized by the Senate Majority Leader and the Speaker of the House.
The concurrent resolution was referred to the Committee on Government Operations.
Reports of Standing Committees
The Committee on Education, by Rep. Palmer, Chair, reported
House Joint Resolution V, entitled
A joint resolution proposing an amendment to the state constitution of 1963, by amending section 3 of article VIII, to provide for gubernatorial appointment of the superintendent of public instruction.
With the recommendation that the substitute (H-1) be adopted and that the joint resolution then be adopted.
The joint resolution and substitute were referred to the order of Second Reading of Bills and laid over one day under the rules.
Favorable Roll Call
To Report Out:
Yeas: Reps. Palmer, Hummel, Meyer, Bradstreet, Hager, Ruth Johnson, Tabor, Voorhees, Vander Veen, Nofs and Stahl
Nays: Reps. Gieleghem, Vagnozzi, Smith, Hopgood and Meisner
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Palmer, Chair, of the Committee on Education, was received and read:
Meeting held on: Friday, February 12, 2004
Present: Reps. Palmer, Hummel, Meyer, Bradstreet, Hager, Ruth Johnson, Tabor, Voorhees, Vander Veen, Nofs, Stahl, Gieleghem, Vagnozzi, Spade, Smith, Hopgood, Meisner and Clack
Absent: Rep. Hart
Excused: Rep. Hart
The Committee on Agriculture and Resource Management, by Rep. Meyer, Chair, reported
House Resolution No. 195.
A resolution to urge the President of the United States to remove sugar from the list of commodities to be included in the Central American Free Trade Agreement.
(For text of resolution, see House Journal No. 10, p. 124.)
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. Meyer, Nitz, DeRossett, Hager, Casperson, Hune, Stahl, Sheltrown, Rivet, Spade and Law
Nays: None
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Meyer, Chair, of the Committee on Agriculture and Resource Management, was received and read:
Meeting held on: Tuesday, February 17, 2004
Present: Reps. Meyer, Nitz, DeRossett, Hager, Casperson, Hune, Stahl, Sheltrown, Rivet, Spade and Law
The Committee on Judiciary, by Rep. Howell, Chair, reported
House Bill No. 5466, entitled
A bill to amend 1998 PA 386, entitled "Estates and protected individuals code," by amending section 5103 (MCL 700.5103), as amended by 2000 PA 54.
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 and laid over one day under the rules.
Favorable Roll Call
To Report Out:
Yeas: Reps. Howell, LaSata, Van Regenmorter, Bradstreet, Koetje, Pappageorge, Voorhees, Gaffney, Wenke, Lipsey, Adamini, Bieda, Condino and Smith
Nays: None
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Howell, Chair, of the Committee on Judiciary, was received and read:
Meeting held on: Tuesday, February 17, 2004
Present: Reps. Howell, LaSata, Van Regenmorter, Bradstreet, Koetje, Pappageorge, Voorhees, Gaffney, Wenke, Lipsey, Adamini, Bieda, Condino and Smith
Absent: Rep. Garfield
Excused: Rep. Garfield
The Committee on Local Government and Urban Policy, by Rep. Ward, Chair, reported
House Bill No. 5482, entitled
A bill to amend 1954 PA 116, entitled "Michigan election law," (MCL 168.1 to 168.992) by adding section 679a.
Without amendment and with the recommendation that the bill pass.
The bill was referred to the order of Second Reading of Bills and laid over one day under the rules.
Favorable Roll Call
To Report Out:
Yeas: Reps. Ward, Robertson, DeRossett, Hager, Drolet, Stakoe, Jamnick, Tobocman and Accavitti
Nays: None
The Committee on Local Government and Urban Policy, by Rep. Ward, Chair, reported
Senate Bill No. 350, entitled
A bill to amend 1954 PA 116, entitled "Michigan election law," by amending sections 666 and 668 (MCL 168.666 and 168.668) and by adding section 668a.
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 and laid over one day under the rules.
Favorable Roll Call
To Report Out:
Yeas: Reps. Ward, Robertson, DeRossett, Hager, Drolet, Stakoe, Jamnick, Tobocman and Accavitti
Nays: None
The Committee on Local Government and Urban Policy, by Rep. Ward, Chair, reported
Senate Bill No. 432, entitled
A bill to amend 1954 PA 116, entitled "Michigan election law," by amending sections 73, 283, 393, 499, 509m, 509n, 509t, 509aa, 686, 735, 795, 798c, 799a, 803, and 842 (MCL 168.73, 168.283, 168.393, 168.499, 168.509m, 168.509n, 168.509t, 168.509aa, 168.686, 168.735, 168.795, 168.798c, 168.799a, 168.803, and 168.842), sections 73, 283, 393, 509n, and 686 as amended by 1999 PA 216, section 499 as amended by 1995 PA 213, sections 509m and 509aa as added by 1994 PA 441, section 509t as amended by 1998 PA 21, section 795 as amended by 2002 PA 91, section 798c as amended by 1990 PA 109, and sections 799a and 803 as amended by 1997 PA 137, and by adding sections 18, 523a, 813, and 829; and to repeal acts and parts of acts.
With the recommendation that the substitute (H-3) be adopted and that the bill then pass.
The bill and substitute were referred to the order of Second Reading of Bills and laid over one day under the rules.
Favorable Roll Call
To Report Out:
Yeas: Reps. Ward, Robertson, DeRossett, Hager, Drolet and Stakoe
Nays: None
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Ward, Chair, of the Committee on Local Government and Urban Policy, was received and read:
Meeting held on: Tuesday, February 17, 2004
Present: Reps. Ward, Robertson, DeRossett, Hager, Drolet, Stakoe, Wenke, Jamnick, Tobocman and Accavitti
Absent: Rep. Hardman
Excused: Rep. Hardman
The Committee on Health Policy, by Rep. Ehardt, Chair, reported
House Bill No. 4361, entitled
A bill to amend 1980 PA 350, entitled "The nonprofit health care corporation reform act," (MCL 550.1101 to 550.1704) by adding section 416d.
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 and laid over one day under the rules.
Favorable Roll Call
To Report Out:
Yeas: Reps. Ehardt, Vander Veen, Ruth Johnson, Rocca, Woronchak, Van Regenmorter, Robertson, Gaffney, Hune, Ward, Adamini, Wojno, Hardman, O'Neil and Gillard
Nays: None
The Committee on Health Policy, by Rep. Ehardt, Chair, reported
House Bill No. 4362, entitled
A bill to amend 1956 PA 218, entitled "The insurance code of 1956," (MCL 500.100 to 500.8302) by adding section 3406l.
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 and laid over one day under the rules.
Favorable Roll Call
To Report Out:
Yeas: Reps. Ehardt, Vander Veen, Ruth Johnson, Rocca, Woronchak, Van Regenmorter, Robertson, Gaffney, Hune, Ward, Adamini, Wojno, Hardman, O'Neil and Gillard
Nays: None
The Committee on Health Policy, by Rep. Ehardt, Chair, reported
Senate Bill No. 206, entitled
A bill to amend 1978 PA 368, entitled "Public health code," by amending sections 16131 and 16263 (MCL 333.16131 and 333.16263), as amended by 2001 PA 139, and by adding section 16323a and part 168.
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 and laid over one day under the rules.
Favorable Roll Call
To Report Out:
Yeas: Reps. Ehardt, Vander Veen, Ruth Johnson, Rocca, Woronchak, Van Regenmorter, Robertson, Gaffney, Ward, Adamini, Wojno, Hardman, O'Neil and Gillard
Nays: Rep. Hune
The Committee on Health Policy, by Rep. Ehardt, Chair, reported
House Resolution No. 113.
A resolution to urge the United States Congress to support the Lifespan Respite Care Act of 2003.
(For text of resolution, see House Journal No. 64 of 2003, p. 1682.)
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. Ehardt, Vander Veen, Rocca, Woronchak, Van Regenmorter, Robertson, Gaffney, Ward, Adamini, Wojno, Hardman, O'Neil and Gillard
Nays: None
The Committee on Health Policy, by Rep. Ehardt, Chair, reported
House Resolution No. 167.
A resolution to memorialize the Congress of the United States and the Michigan Department of Community Health to provide assistance to pregnancy care centers in Michigan.
(For text of resolution, see House Journal No. 85 of 2003, p. 2094.)
With the recommendation that the following substitute (H-1) be adopted and that the resolution then be adopted.
Substitute for House Resolution No. 167.
A resolution to memorialize the Congress of the United States and the Michigan Department of Community Health to develop collaborative relationships with pregnancy care centers in Michigan.
Whereas, Pregnancy care centers, which are also known as crisis pregnancy centers, are located in Michigan and across our country and provide vitally needed help to women and families at difficult times in their lives. These centers offer free, confidential, and compassionate services, which range from pregnancy testing and childbirth classes to help with housing, counseling, and medical referrals; and
Whereas, Pregnancy care centers encourage women to make positive choices in life by providing them with accurate and complete information. This information covers such key topics as nutrition, prenatal care, adoption services, and parenting; and
Whereas, Many pregnancy care centers across the country also offer classes in abstinence education, including programs carried out in schools; and
Whereas, The work of pregnancy care centers is largely conducted by volunteers, with contributions of time, talent, and financial support from people who see the intrinsic value of helping women and families facing a variety of very personal difficulties. With the strong societal implications of the good work being done at pregnancy care centers across our state, these centers are performing a great volume of services that clearly are carried out for the public benefit; now, therefore, be it
Resolved by the House of Representatives, That we memorialize the Congress of the United States and the Michigan Department of Community Health to develop collaborative relationships with pregnancy care centers in Michigan. We urge that any assistance made available to help with medical and abstinence education programs be administered in a manner that does not compromise the values of the centers; and be it further
Resolved, That copies of this resolution be transmitted to the President of the United States Senate, the Speaker of the United States House of Representatives, the members of the Michigan congressional delegation, and the Michigan Department of Community Health.
The resolution and substitute were laid over one day under the rules.
Favorable Roll Call
To Report Out:
Yeas: Reps. Ehardt, Vander Veen, Rocca, Woronchak, Van Regenmorter, Robertson, Gaffney, Ward, Adamini, Wojno, Hardman, O'Neil, Gillard and Clack
Nays: None
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Ehardt, Chair, of the Committee on Health Policy, was received and read:
Meeting held on: Tuesday, February 17, 2004
Present: Reps. Ehardt, Vander Veen, Ruth Johnson, Rocca, Woronchak, Van Regenmorter, Robertson, Gaffney, Hune, Ward, Adamini, Wojno, Hardman, O'Neil and Gillard
Absent: Reps. Hart and Clack
Excused: Reps. Hart and Clack
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Nofs, Chair, of the Committee on Veterans Affairs and Homeland Security, was received and read:
Meeting held on: Tuesday, February 17, 2004
Present: Reps. Nofs, Ruth Johnson, Woronchak, Casperson, Woodward, Sheltrown, Spade and Elkins
Absent: Reps. Garfield, Richardville and Pappageorge
Excused: Reps. Garfield, Richardville and Pappageorge
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Koetje, Chair, of the Committee on Government Operations, was received and read:
Meeting held on: Tuesday, February 17, 2004
Present: Reps. Koetje, Drolet, Howell, Tobocman and Lipsey
Announcement by the Clerk of Printing and Enrollment
The Clerk announced that the following bills and joint resolution had been printed and placed upon the files of the members on Wednesday, February 11:
Senate Bill Nos. 968 969 970 971 972
Senate Joint Resolution H
The Clerk announced the enrollment printing and presentation to the Governor on Friday, February 13, for her approval of the following bills:
Enrolled House Bill No. 4693 at 2:40 p.m.
Enrolled House Bill No. 5244 at 2:42 p.m.
The Clerk announced that the following bills had been printed and placed upon the files of the members on Friday, February 13:
House Bill Nos. 5534 5535 5536 5537 5538 5539 5540 5541 5542
The Clerk announced the enrollment printing and presentation to the Governor on Tuesday, February 17, for her approval of the following bills:
Enrolled House Bill No. 4276 at 11:45 a.m.
Enrolled House Bill No. 5009 at 11:47 a.m.
Enrolled House Bill No. 5129 at 11:49 a.m.
Enrolled House Bill No. 5179 at 11:51 a.m.
The Clerk announced that the following Senate bill had been received on Tuesday, February 17:
Senate Bill No. 882
By unanimous consent the House returned to the order of
Messages from the Senate
Senate Bill No. 882, entitled
A bill to amend 1949 PA 300, entitled "Michigan vehicle code," by amending section 710d (MCL 257.710d), as amended by 1999 PA 29.
The Senate has passed the bill.
The bill was read a first time by its title and referred to the Committee on Transportation.
Messages from the Governor
Date: February 12, 2004
Time: 11:35 a.m.
To the Speaker of the House of Representatives:
Sir--I have this day approved and signed
Enrolled House Bill No. 4802 (Public Act No. 1, I.E.), being
An act to amend 1931 PA 328, entitled "An act to revise, consolidate, codify and add to the statutes relating to crimes; to define crimes and prescribe the penalties therefor; to provide for restitution under certain circumstances; to provide for the competency of evidence at the trial of persons accused of crime; to provide immunity from prosecution for certain witnesses appearing at such trials; and to repeal certain acts and parts of acts inconsistent with or contravening any of the provisions of this act," by amending section 540c (MCL 750.540c), as amended by 2002 PA 672.
(Filed with the Secretary of State February 12, 2004, at 2:15 p.m.)
Date: February 12, 2004
Time: 11:38 a.m.
To the Speaker of the House of Representatives:
Sir--I have this day approved and signed
Enrolled House Bill No. 4916 (Public Act No. 2, I.E.), being
An act to amend 1927 PA 175, entitled "An act to revise, consolidate, and codify the laws relating to criminal procedure and to define the jurisdiction, powers, and duties of courts, judges, and other officers of the court under the provisions of this act; to provide laws relative to the rights of persons accused of criminal offenses and ordinance violations; to provide for the arrest of persons charged with or suspected of criminal offenses and ordinance violations; to provide for bail of persons arrested for or accused of criminal offenses and ordinance violations; to provide for the examination of persons accused of criminal offenses; to regulate the procedure relative to grand juries, indictments, informations, and proceedings before trial; to provide for trials of persons complained of or indicted for criminal offenses and ordinance violations and to provide for the procedure in those trials; to provide for judgments and sentences of persons convicted of criminal offenses and ordinance violations; to establish a sentencing commission and to prescribe its powers and duties; to provide for procedure relating to new trials and appeals in criminal and ordinance violation cases; to provide a uniform system of probation throughout this state and the appointment of probation officers; to prescribe the powers, duties, and compensation of probation officers; to provide penalties for the violation of the duties of probation officers; to provide for procedure governing proceedings to prevent crime and proceedings for the discovery of crime; to provide for fees of officers, witnesses, and others in criminal and ordinance violation cases; to set forth miscellaneous provisions as to criminal procedure in certain cases; to provide penalties for the violation of certain provisions of this act; and to repeal all acts and parts of acts inconsistent with or contravening any of the provisions of this act," by amending section 16z of chapter XVII (MCL 777.16z), as amended by 2002 PA 271.
(Filed with the Secretary of State February 12, 2004, at 2:17 p.m.)
Introduction of Bills
Rep. Julian introduced
House Bill No. 5543, entitled
A bill to amend 1956 PA 218, entitled "The insurance code of 1956," by amending section 2236 (MCL 500.2236), as amended by 2002 PA 664.
The bill was read a first time by its title and referred to the Committee on Insurance.
Reps. Julian and Gleason introduced
House Bill No. 5544, entitled
A bill to amend 1949 PA 300, entitled "Michigan vehicle code," by amending section 801 (MCL 257.801), as amended by 2002 PA 417.
The bill was read a first time by its title and referred to the Committee on Transportation.
Reps. Moolenaar, Caswell, Ward, Shaffer, Jamnick, Stakoe, Howell, Gaffney, Nofs, Bisbee, Vander Veen, Palmer, Pappageorge, Rivet, Gleason, Stahl, Hager and Farhat introduced
House Bill No. 5545, entitled
A bill to amend 1993 PA 331, entitled "State education tax act," by amending section 5b (MCL 211.905b), as added by 2002 PA 244.
The bill was read a first time by its title and referred to the Committee on Local Government and Urban Policy.
Reps. LaSata, Dennis and Vander Veen introduced
House Bill No. 5546, entitled
A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending section 63712 (MCL 324.63712), as added by 1995 PA 57.
The bill was read a first time by its title and referred to the Committee on Agriculture and Resource Management.
Reps. LaSata, Dennis and Vander Veen introduced
House Bill No. 5547, entitled
A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending section 63706 (MCL 324.63706), as added by 1995 PA 57.
The bill was read a first time by its title and referred to the Committee on Agriculture and Resource Management.
Reps. Sheen, Milosch, DeRoche, Moolenaar, Emmons, Brown, DeRossett, Newell, Palsrok, Hune, LaJoy, Hoogendyk, Gillard, Pappageorge, Voorhees, LaSata, Acciavatti, Ruth Johnson, Rocca, Shackleton, Meyer, Drolet, Caul, Nofs, Middaugh, Woronchak, Pumford, Hager, Mortimer, Robertson, Huizenga, Kooiman, Shulman, Stahl, Ward, Tabor, Stakoe, Pastor, Casperson, Taub, Bradstreet, Caswell, Nitz, Hummel, Palmer, Brandenburg, Bisbee, Wenke, Sheltrown, Byrum, O'Neil, Plakas, Farrah, Adamini, Amos and Richardville introduced
House Bill No. 5548, 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 read a first time by its title and referred to the Committee on Judiciary.
Reps. Gaffney, Ward, Lipsey, Wojno, Hune, DeRoche, Stahl, O'Neil, Rocca, Farrah, Plakas, Woronchak, Adamini, Stakoe, Hardman and Daniels introduced
House Bill No. 5549, entitled
A bill to amend 1978 PA 368, entitled "Public health code," by amending section 7333 (MCL 333.7333), as amended by 2001 PA 231.
The bill was read a first time by its title and referred to the Committee on Health Policy.
Reps. Brown, Spade, Adamini, Gleason, Minore, Lipsey, Farrah, Sak, Kolb, Caswell, Whitmer, Stakoe, Gillard, Bieda, Tobocman, Williams, Anderson, Vagnozzi, Amos and Ward introduced
House Bill No. 5550, entitled
A bill to amend 1992 PA 116, entitled "Records media act," by amending the title and sections 1, 2, and 3 (MCL 24.401, 24.402, and 24.403), section 2 as amended by 2001 PA 72, and by adding sections 4, 5, and 6.
The bill was read a first time by its title and referred to the Committee on Local Government and Urban Policy.
Rep. Ward introduced
House Bill No. 5551, entitled
A bill to amend 1953 PA 189, entitled "An act to provide for the taxation of lessees and users of tax-exempt property," by amending section 2 (MCL 211.182).
The bill was read a first time by its title and referred to the Committee on Tax Policy.
Reps. Palsrok, Pappageorge, Shackleton, Stahl, Steil, Amos, Nofs, Meyer, Huizenga, Nitz, Palmer, Emmons, LaJoy, Voorhees, Moolenaar, Ward, Drolet, Bisbee, Hune, Farhat, Mortimer, Hummel, Caswell, Pastor, Robertson, Shaffer, DeRoche, Julian, Taub, Richardville, Vander Veen, Brandenburg, Acciavatti and Bradstreet introduced
House Bill No. 5552, entitled
A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending sections 50501, 50502, 50504, 50506, 50507, and 50508 (MCL 324.50501, 324.50502, 324.50504, 324.50506, 324.50507, and 324.50508), as added by 1995 PA 57.
The bill was read a first time by its title and referred to the Committee on Agriculture and Resource Management.
Reps. Brown, Pastor, Sheen, Walker, Stahl, Pappageorge, Shackleton, Amos, Nofs, Meyer, Huizenga, Nitz, Palsrok, Palmer, Emmons, LaJoy, Voorhees, Robertson, Moolenaar, Ward, Bisbee, Farhat, Mortimer, Hummel, Caswell, Shaffer, DeRoche, Julian, Taub, Richardville, Vander Veen, Brandenburg, Acciavatti, Bradstreet, Hune and Adamini introduced
House Bill No. 5553, entitled
A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," (MCL 324.101 to 324.90106) by adding section 52511.
The bill was read a first time by its title and referred to the Committee on Agriculture and Resource Management.
Reps. Casperson, Stahl, Pastor, Sheen, Walker, Pappageorge, Shackleton, Amos, Nofs, Meyer, Huizenga, Nitz, Palsrok, Palmer, Emmons, LaJoy, Voorhees, Moolenaar, Ward, Bisbee, Hune, Farhat, Mortimer, Hummel, Caswell, Robertson, Shaffer, DeRoche, Julian, Taub, Richardville, Vander Veen, Brandenburg, Acciavatti, Drolet and Bradstreet introduced
House Bill No. 5554, entitled
A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending the heading to part 525 and section 52501 (MCL 324.52501), as added by 1995 PA 57, and by adding sections 52502, 52503, 52504, 52505, 52506, and 52507.
The bill was read a first time by its title and referred to the Committee on Agriculture and Resource Management.
______
Rep. Williams moved that the House adjourn.
The motion prevailed, the time being 4:15 p.m.
The Speaker Pro Tempore declared the House adjourned until Wednesday, February 18, at 1:00 p.m.
GARY L. RANDALL
Clerk of the House of Representatives