No. 23
STATE OF MICHIGAN
JOURNAL
OF THE
House of Representatives
92nd Legislature
REGULAR SESSION OF 2004
House Chamber, Lansing, Wednesday, March 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--present 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--present 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--present
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. Bruce Caswell, from the 58th District, offered the following invocation:
"Dear Lord, help us to keep an open mind in our discussions. Help us to legislate with a warm and caring heart. Help us to realize that we are here for the state of Michigan and the citizens. In Jesus' name we pray. Amen."
Second Reading of Bills
House Bill No. 5416, entitled
A bill to amend 1976 PA 390, entitled "Emergency management act," by amending the title and section 11 (MCL 30.411), the title as amended by 1990 PA 50 and section 11 as amended by 2002 PA 132.
The bill was read a second time.
Rep. Richardville moved to amend the bill as follows:
1. Amend page 5, line 13, after "the" by inserting "Michigan".
2. Amend page 5, line 13, after "corps" by striking out "or other component of the USA freedom corps".
3. Amend page 5, line 17, after the first "the" by inserting "Michigan".
4. Amend page 5, line 17, after "corps" by striking out "or other component of the USA freedom corps".
5. Amend page 6, line 4, by striking out all of the subsection (c) and inserting:
"(c) "Michigan citizen corps" means the initiative established by executive order no. 2002-9.".
The motion prevailed and the amendments were adopted, a majority of the members serving voting therefor.
Rep. Nofs moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
Rep. Kooiman 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. 5416, entitled
A bill to amend 1976 PA 390, entitled "Emergency management act," by amending the title and section 11 (MCL 30.411), the title as amended by 1990 PA 50 and section 11 as amended by 2002 PA 132.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 124 Yeas--109
Accavitti Garfield Meisner Sheen
Acciavatti Gieleghem Meyer Sheltrown
Adamini Gillard Middaugh Shulman
Amos Gleason Milosch Smith
Anderson Hager Minore Spade
Bieda Hardman Moolenaar Stahl
Bisbee Hart Mortimer Stakoe
Bradstreet Hood Murphy Stallworth
Brandenburg Hoogendyk Newell Steil
Brown Hopgood Nitz Stewart
Byrum Howell Nofs Tabor
Casperson Huizenga O'Neil Taub
Caswell Hummel Palmer Tobocman
Caul Hune Palsrok Vagnozzi
Cheeks Hunter Pappageorge Van Regenmorter
Clack Jamnick Pastor Vander Veen
Condino Johnson, Rick Phillips Voorhees
Daniels Johnson, Ruth Plakas Walker
Dennis Julian Pumford Ward
DeRoche Koetje Reeves Waters
DeRossett Kolb Richardville Wenke
Drolet Kooiman Rivet Whitmer
Ehardt LaJoy Robertson Williams
Elkins LaSata Rocca Wojno
Emmons Law Sak Woodward
Farhat Lipsey Shackleton Woronchak
Farrah McConico Shaffer Zelenko
Gaffney
Nays--0
In The Chair: Julian
The House agreed to the title of the bill.
Rep. Kooiman moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
Second Reading of Bills
House Bill No. 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.
Was read a second time, and the question being on the adoption of the proposed substitute (H-1) previously recommended by the Committee on Local Government and Urban Policy,
The substitute (H-1) was adopted, a majority of the members serving voting therefor.
Rep. Moolenaar moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
Rep. Kooiman 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. 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.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 125 Yeas--109
Accavitti Garfield Meisner Sheen
Acciavatti Gieleghem Meyer Sheltrown
Adamini Gillard Middaugh Shulman
Amos Gleason Milosch Smith
Anderson Hager Minore Spade
Bieda Hardman Moolenaar Stahl
Bisbee Hart Mortimer Stakoe
Bradstreet Hood Murphy Stallworth
Brandenburg Hoogendyk Newell Steil
Brown Hopgood Nitz Stewart
Byrum Howell Nofs Tabor
Casperson Huizenga O'Neil Taub
Caswell Hummel Palmer Tobocman
Caul Hune Palsrok Vagnozzi
Cheeks Hunter Pappageorge Van Regenmorter
Clack Jamnick Pastor Vander Veen
Condino Johnson, Rick Phillips Voorhees
Daniels Johnson, Ruth Plakas Walker
Dennis Julian Pumford Ward
DeRoche Koetje Reeves Waters
DeRossett Kolb Richardville Wenke
Drolet Kooiman Rivet Whitmer
Ehardt LaJoy Robertson Williams
Elkins LaSata Rocca Wojno
Emmons Law Sak Woodward
Farhat Lipsey Shackleton Woronchak
Farrah McConico Shaffer Zelenko
Gaffney
Nays--0
In The Chair: Julian
The House agreed to the title of the bill.
Rep. Kooiman moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
Second Reading of Bills
House Bill No. 5641, entitled
A bill to amend 1851 PA 156, entitled "An act to define the powers and duties of the county boards of commissioners of the several counties, and to confer upon them certain local, administrative and legislative powers; and to prescribe penalties for the violation of the provisions of this act," by amending section 17 (MCL 46.17); and to repeal acts and parts of acts.
The bill was read a second time.
Rep. Palsrok moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
Rep. Kooiman 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. 5641, entitled
A bill to amend 1851 PA 156, entitled "An act to define the powers and duties of the county boards of commissioners of the several counties, and to confer upon them certain local, administrative and legislative powers; and to prescribe penalties for the violation of the provisions of this act," by amending section 17 (MCL 46.17); and to repeal acts and parts of acts.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 126 Yeas--109
Accavitti Garfield Meisner Sheen
Acciavatti Gieleghem Meyer Sheltrown
Adamini Gillard Middaugh Shulman
Amos Gleason Milosch Smith
Anderson Hager Minore Spade
Bieda Hardman Moolenaar Stahl
Bisbee Hart Mortimer Stakoe
Bradstreet Hood Murphy Stallworth
Brandenburg Hoogendyk Newell Steil
Brown Hopgood Nitz Stewart
Byrum Howell Nofs Tabor
Casperson Huizenga O'Neil Taub
Caswell Hummel Palmer Tobocman
Caul Hune Palsrok Vagnozzi
Cheeks Hunter Pappageorge Van Regenmorter
Clack Jamnick Pastor Vander Veen
Condino Johnson, Rick Phillips Voorhees
Daniels Johnson, Ruth Plakas Walker
Dennis Julian Pumford Ward
DeRoche Koetje Reeves Waters
DeRossett Kolb Richardville Wenke
Drolet Kooiman Rivet Whitmer
Ehardt LaJoy Robertson Williams
Elkins LaSata Rocca Wojno
Emmons Law Sak Woodward
Farhat Lipsey Shackleton Woronchak
Farrah McConico Shaffer Zelenko
Gaffney
Nays--0
In The Chair: Julian
The House agreed to the title of the bill.
Rep. Kooiman moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
Second Reading of Bills
House Bill No. 5368, entitled
A bill to amend 1971 PA 174, entitled "Office of child support act," (MCL 400.231 to 400.240) by adding section 12.
Was read a second time, and the question being on the adoption of the proposed substitute (H-1) previously recommended by the Committee on Judiciary,
The substitute (H-1) was not adopted, a majority of the members serving not voting therefor.
Rep. Howell 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. Farhat moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
Rep. Kooiman 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. 5368, entitled
A bill to amend 1971 PA 174, entitled "Office of child support act," (MCL 400.231 to 400.240) by adding section 12.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 127 Yeas--109
Accavitti Garfield Meisner Sheen
Acciavatti Gieleghem Meyer Sheltrown
Adamini Gillard Middaugh Shulman
Amos Gleason Milosch Smith
Anderson Hager Minore Spade
Bieda Hardman Moolenaar Stahl
Bisbee Hart Mortimer Stakoe
Bradstreet Hood Murphy Stallworth
Brandenburg Hoogendyk Newell Steil
Brown Hopgood Nitz Stewart
Byrum Howell Nofs Tabor
Casperson Huizenga O'Neil Taub
Caswell Hummel Palmer Tobocman
Caul Hune Palsrok Vagnozzi
Cheeks Hunter Pappageorge Van Regenmorter
Clack Jamnick Pastor Vander Veen
Condino Johnson, Rick Phillips Voorhees
Daniels Johnson, Ruth Plakas Walker
Dennis Julian Pumford Ward
DeRoche Koetje Reeves Waters
DeRossett Kolb Richardville Wenke
Drolet Kooiman Rivet Whitmer
Ehardt LaJoy Robertson Williams
Elkins LaSata Rocca Wojno
Emmons Law Sak Woodward
Farhat Lipsey Shackleton Woronchak
Farrah McConico Shaffer Zelenko
Gaffney
Nays--0
In The Chair: Julian
The House agreed to the title of the bill.
Rep. Kooiman moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
Second Reading of Bills
House Bill No. 5369, entitled
A bill to amend 1931 PA 328, entitled "The Michigan penal code," by amending section 165 (MCL 750.165), as amended by 1999 PA 152.
Was read a second time, and the question being on the adoption of the proposed substitute (H-2) previously recommended by the Committee on Judiciary,
The substitute (H-2) was not adopted, a majority of the members serving not voting therefor.
Rep. Howell moved to substitute (H-3) the bill.
The motion prevailed and the substitute (H-3) was adopted, a majority of the members serving voting therefor.
Rep. Robertson moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
Rep. Kooiman moved that the bill be placed on its immediate passage.
The motion prevailed, a majority of the members serving voting therefor.
Rep. Sheltrown moved that Rep. Rivet be excused temporarily from today's session.
The motion prevailed.
By unanimous consent the House returned to the order of
Third Reading of Bills
House Bill No. 5369, entitled
A bill to amend 1931 PA 328, entitled "The Michigan penal code," by amending section 165 (MCL 750.165), as amended by 1999 PA 152.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 128 Yeas--93
Accavitti Gaffney Lipsey Shaffer
Acciavatti Garfield Meisner Sheen
Adamini Gieleghem Meyer Sheltrown
Amos Gillard Middaugh Shulman
Anderson Gleason Milosch Spade
Bieda Hager Moolenaar Stahl
Bisbee Hart Mortimer Stakoe
Bradstreet Hoogendyk Murphy Steil
Brandenburg Hopgood Newell Stewart
Brown Howell Nitz Tabor
Byrum Huizenga Nofs Taub
Casperson Hummel O'Neil Vagnozzi
Caswell Hune Palmer Van Regenmorter
Caul Jamnick Palsrok Vander Veen
Condino Johnson, Rick Pappageorge Voorhees
Dennis Johnson, Ruth Pastor Walker
DeRoche Julian Plakas Ward
DeRossett Koetje Pumford Wenke
Drolet Kolb Richardville Whitmer
Ehardt Kooiman Robertson Wojno
Elkins LaJoy Rocca Woodward
Emmons LaSata Sak Woronchak
Farhat Law Shackleton Zelenko
Farrah
Nays--13
Cheeks Hood Phillips Tobocman
Clack Hunter Reeves Waters
Daniels McConico Stallworth Williams
Hardman
In The Chair: Julian
The House agreed to the title of the bill.
Rep. Kooiman moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
Rep. Waters, 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 House Bills 5369 and 5370 because they create a crime of failure to provide support. The bills do not require any showing of criminal intent or of willful or purposeful failure to pay. If we are assigning criminal penalties, we should require a showing of criminal intent. There are plenty of situations where people have gotten behind in their payments and are unable to catch up - either because of circumstance beyond their control or due to the steep (8%) interest charged on late payments.
Furthermore, the bills could have a significant negative fiscal impact for the taxpayers of Michigan. A larger number of people will be imprisoned for failure to pay support. Not only will prison costs be increased, but as most of the people sent to prison will no longer have income during their incarceration and another bill in this package (HB 5371) would limit the amount that those people's support could be reduced, there will be additional costs to the state in terms of lost federal dollars based on the uncollected arrearages that would accumulate while the payer is in prison."
Second Reading of Bills
House Bill No. 5370, entitled
A bill to amend 1927 PA 175, entitled "The code of criminal procedure," by amending section 16i of chapter XVII (MCL 777.16i), as amended by 2002 PA 278.
Was read a second time, and the question being on the adoption of the proposed substitute (H-2) previously recommended by the Committee on Judiciary,
The substitute (H-2) was adopted, a majority of the members serving voting therefor.
Rep. LaJoy moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
Rep. Kooiman 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. 5370, entitled
A bill to amend 1927 PA 175, entitled "The code of criminal procedure," by amending section 16i of chapter XVII (MCL 777.16i), as amended by 2002 PA 278.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 129 Yeas--94
Accavitti Gaffney Meisner Shaffer
Acciavatti Garfield Meyer Sheen
Adamini Gieleghem Middaugh Sheltrown
Amos Gillard Milosch Shulman
Anderson Gleason Minore Spade
Bieda Hager Moolenaar Stahl
Bisbee Hart Mortimer Stakoe
Bradstreet Hoogendyk Murphy Steil
Brandenburg Hopgood Newell Stewart
Brown Howell Nitz Tabor
Byrum Huizenga Nofs Taub
Casperson Hummel O'Neil Vagnozzi
Caswell Hune Palmer Van Regenmorter
Caul Jamnick Palsrok Vander Veen
Condino Johnson, Rick Pappageorge Voorhees
Dennis Johnson, Ruth Pastor Walker
DeRoche Julian Plakas Ward
DeRossett Koetje Pumford Wenke
Drolet Kolb Richardville Whitmer
Ehardt Kooiman Robertson Wojno
Elkins LaJoy Rocca Woodward
Emmons LaSata Sak Woronchak
Farhat Law Shackleton Zelenko
Farrah Lipsey
Nays--13
Cheeks Hood Phillips Tobocman
Clack Hunter Reeves Waters
Daniels McConico Stallworth Williams
Hardman
In The Chair: Julian
The House agreed to the title of the bill.
Rep. Kooiman moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
______
Rep. Waters, 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 House Bills 5369 and 5370 because they create a crime of failure to provide support. The bills do not require any showing of criminal intent or of willful or purposeful failure to pay. If we are assigning criminal penalties, we should require a showing of criminal intent. There are plenty of situations where people have gotten behind in their payments and are unable to catch up - either because of circumstance beyond their control or due to the steep (8%) interest charged on late payments.
Furthermore, the bills could have a significant negative fiscal impact for the taxpayers of Michigan. A larger number of people will be imprisoned for failure to pay support. Not only will prison costs be increased, but as most of the people sent to prison will no longer have income during their incarceration and another bill in this package (HB 5371) would limit the amount that those people's support could be reduced, there will be additional costs to the state in terms of lost federal dollars based on the uncollected arrearages that would accumulate while the payer is in prison."
______
Rep. Waters moved that Rep. Reeves 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. 4308, entitled
A bill to amend 1949 PA 300, entitled "Michigan vehicle code," by amending sections 328, 732, 732a, and 907 (MCL 257.328, 257.732, 257.732a, and 257.907), section 328 as amended by 1995 PA 287, section 732 as amended by 2002 PA 534, section 732a as added by 2003 PA 165, and section 907 as amended by 2003 PA 73.
(The bill was received from the Senate on March 16, with substitute (S-2), title amendment and immediate effect given by the Senate, consideration of which, under the rules, was postponed until today, see House Journal No. 22, p. 379.)
The question being on concurring in the substitute (S-2) made to the bill by the Senate,
Rep. Hood moved to amend the Senate substitute (S-2) as follows:
1. Amend page 33, following line 27, by inserting:
"Enacting section 2. This amendatory act does not take effect unless House Bill No. 4813 of the 92nd 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.
The question being on concurring in the substitute (S-2) made to the bill by the Senate,
The substitute (S-2) was concurred in, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 130 Yeas--91
Accavitti Farhat Law Sheltrown
Acciavatti Farrah Meyer Shulman
Adamini Gaffney Middaugh Spade
Amos Garfield Milosch Stahl
Anderson Gieleghem Minore Stakoe
Bieda Gillard Moolenaar Stallworth
Bisbee Gleason Mortimer Steil
Bradstreet Hager Newell Stewart
Brandenburg Hart Nitz Tabor
Brown Hoogendyk Nofs Taub
Byrum Hopgood O'Neil Vagnozzi
Casperson Howell Palmer Van Regenmorter
Caswell Huizenga Palsrok Vander Veen
Caul Hummel Pappageorge Voorhees
Clack Hune Pastor Walker
Condino Jamnick Pumford Ward
Dennis Johnson, Rick Richardville Wenke
DeRoche Johnson, Ruth Robertson Whitmer
DeRossett Julian Rocca Wojno
Drolet Koetje Sak Woodward
Ehardt Kooiman Shackleton Woronchak
Elkins LaJoy Shaffer Zelenko
Emmons LaSata Sheen
Nays--13
Cheeks Hunter Meisner Tobocman
Daniels Lipsey Phillips Waters
Hardman McConico Smith Williams
Hood
In The Chair: Julian
The House agreed to the title as amended.
The bill was referred to the Clerk for enrollment printing and presentation to the Governor.
______
Rep. Meisner, having reserved the right to explain his nay vote, made the following statement:
"Mr. Speaker and members of the House:
I voted against the original bill creating this misguided fee on drivers who do not have proof of insurance because it was wrong. I voted against the bill attempting to clean up the mess from the original bill because it contained an unnecessarily punitive fee on people caught driving without insurance. I do not condone driving without insurance, but understand that unreasonably high cost of insurance precludes many from being able to afford insurance. Responding to that situation with another enhanced fee does little to solve the real problem highlighted by this bill--an insurance industry that has run amok."
Rep. Hood, having reserved the right to explain his nay vote, made the following statement:
"Mr. Speaker and members of the House:
I believe that this bill could be a good bill. I agree with the portion of the bill that allows a person to prove to the courts that they had insurance at the time that the violation of no proof of insurance was issued. The problem that I see in the bill is that it increases the fines for drivers driving with out insurance. Until we address the issue of 'redlining' andthe high cost of insurance in urban areas this would not be good. The reason that people drive with out insurance is because of the high rates of insurance in urban areas. People do not want to be law breakers, they are being forced to do so by therates. When they have to make a choice between putting food on the table for their families or paying car insurance, theyand I would chose to provide for my family. So I feel that we are putting the cart before the horse with this bill as it is."
Rep. Waters, having reserved the right to explain her nay vote, made the following statement:
"Mr. Speaker and members of the House:
I voted no on House Bill 4308 because it is yet another effort to balance the budget on the backs on the poor. While I understand the appeal of allowing those who have insurance but have misplaced their proof of insurance to avoid penalty, I cannot support the increasing the driver responsibility fee. Once again, instead of addressing the skyrocketing costs of insurance, particularly in poorer and urban areas like Detroit, the State is moving to enhance revenues with ever increasing fines for those who have not having purchased insurance that is already priced well beyond their ability to pay.
The State of Michigan requires people to buy no-fault insurance, as a result, the State owes a duty to its citizens to make sure that insurance is available to everyone at reasonable rates. Unfortunately, many people in our urban areas face insurance rates that are so high, particularly when compared to their suburban neighbors, that they are forced to choose between purchasing insurance and putting food on the table.
Clearly what is needed to solve the problem of people driving without insurance is a significant change in the regulation of the insurance industry - the elimination of territorial pricing that inflates rates in some areas in order to decrease them in others, the use of premium discounts to drive up base rates, the use of credit scoring, the ability of insurance companies to increase their rates without notice to their customers or the approval of the insurance commissioner, the gross disparity between rates in neighboring communities that makes people feel they are being cheated by the insurance companies, the fact that uninsured motorists are rarely caught and a host of other changes aimed at forcing insurance rates down. All of these issues should be addressed before we go after the simplistic 'solution' of increasing penalties."
Second Reading of Bills
House Bill No. 5371, entitled
A bill to amend 1982 PA 294, entitled "Friend of the court act," by amending section 19 (MCL 552.519), as amended by 2002 PA 569.
Was read a second time, and the question being on the adoption of the proposed substitute (H-3) previously recommended by the Committee on Judiciary,
The substitute (H-3) was not adopted, a majority of the members serving not voting therefor.
Rep. Howell moved to substitute (H-5) the bill.
The motion prevailed and the substitute (H-5) was adopted, a majority of the members serving voting therefor.
Rep. Amos moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
Rep. Kooiman 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. 5371, entitled
A bill to amend 1982 PA 294, entitled "Friend of the court act," by amending section 19 (MCL 552.519), as amended by 2002 PA 569.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 131 Yeas--72
Acciavatti Garfield Middaugh Sheltrown
Amos Gleason Milosch Shulman
Bieda Hager Moolenaar Spade
Bisbee Hart Mortimer Stahl
Bradstreet Hoogendyk Newell Stakoe
Brandenburg Howell Nitz Steil
Brown Huizenga Nofs Stewart
Casperson Hummel Palmer Tabor
Caswell Hune Palsrok Taub
Caul Johnson, Rick Pastor Van Regenmorter
DeRoche Johnson, Ruth Pumford Vander Veen
DeRossett Julian Richardville Voorhees
Drolet Koetje Robertson Walker
Ehardt Kooiman Rocca Ward
Elkins LaJoy Sak Wenke
Emmons Lipsey Shackleton Wojno
Farhat Meisner Shaffer Woodward
Gaffney Meyer Sheen Woronchak
Nays--33
Accavitti Farrah LaSata Smith
Adamini Gieleghem Law Stallworth
Anderson Gillard McConico Tobocman
Byrum Hardman Minore Vagnozzi
Cheeks Hopgood Murphy Waters
Clack Hunter O'Neil Whitmer
Condino Jamnick Phillips Williams
Daniels Kolb Plakas Zelenko
Dennis
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 1982 PA 294, entitled "Friend of the court act," (MCL 552.501 to 552.535) by adding section 517f. The motion prevailed.
The House agreed to the title as amended.
Rep. Kooiman moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
______
Reps. Zelenko, Dennis, Anderson and Waters, having reserved the right to explain their protest against the passage of the bill, made the following statement:
"Mr. Speaker and members of the House:
I voted no on House Bill 5371 because it neglects to take into account the fact that uncollected and uncollectible arrearages decrease the amount of money the state gets back from the federal government. While it might feel good to prevent these 'deadbeats' from having their support lowered, doing so could cost the state money. It will create a false increase in the amount of uncollectible arrearages in the state. Support payments should be based on the factual evidence as to the person's ability to pay, not on spite. House Bill 4773 is a far better bill to deal with how much support prison inmates should be required to pay."
Second Reading of Bills
House Bill No. 5372, entitled
A bill to amend 1982 PA 295, entitled "Support and parenting time enforcement act," by amending section 31 (MCL 552.631), as amended by 2002 PA 567.
Was read a second time, and the question being on the adoption of the proposed substitute (H-1) previously recommended by the Committee on Judiciary,
The substitute (H-1) was adopted, a majority of the members serving voting therefor.
Rep. Garfield moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
Rep. Kooiman 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. 5372, entitled
A bill to amend 1982 PA 295, entitled "Support and parenting time enforcement act," by amending section 31 (MCL 552.631), as amended by 2002 PA 567.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 132 Yeas--74
Acciavatti Garfield Milosch Sheltrown
Amos Gleason Moolenaar Shulman
Bieda Hager Mortimer Spade
Bisbee Hart Newell Stahl
Bradstreet Hoogendyk Nitz Stakoe
Brandenburg Howell Nofs Steil
Brown Huizenga O'Neil Stewart
Byrum Hummel Palmer Tabor
Casperson Hune Palsrok Taub
Caswell Johnson, Rick Pastor Van Regenmorter
Caul Johnson, Ruth Pumford Vander Veen
DeRoche Julian Richardville Voorhees
DeRossett Koetje Robertson Walker
Drolet Kooiman Rocca Ward
Ehardt LaJoy Sak Wenke
Elkins LaSata Shackleton Wojno
Emmons Lipsey Shaffer Woodward
Farhat Meyer Sheen Woronchak
Gaffney Middaugh
Nays--32
Accavitti Farrah Kolb Smith
Adamini Gieleghem Law Stallworth
Anderson Gillard McConico Tobocman
Cheeks Hardman Meisner Vagnozzi
Clack Hood Minore Waters
Condino Hopgood Murphy Whitmer
Daniels Hunter Phillips Williams
Dennis Jamnick Plakas Zelenko
In The Chair: Julian
The House agreed to the title of the bill.
Rep. Kooiman moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
______
Reps. Dennis, Zelenko and Waters, having reserved the right to explain their protest against the passage of the bill, made the following statement:
"Mr. Speaker and members of the House:
I voted no on House Bills 5372 and 5373 because the bills, like many others in this package, works from the presumption that people who haven't paid their support always have the financial wherewithal to do so. That is not always a fair assessment. Incarcerating delinquent payers who do not have the financial means to pay makes no sense. Even worse is the fact that they turn the presumption of innocence on its head. Applying a 100 percent bond presumes that the person owes the amount in question, in most criminal cases the presumption is in favor of the defendant.
Furthermore, as with other bills in this package, costs have not been adequately considered. According to the Office of Child Support the bills could increase FIA's costs by about $122,000. Modifications to the Michigan child support enforcement system would cost OCS an unknown amount of money. Furthermore, they suggest that requiring a cash bond could lead to fewer defendants bonding out and thus could increase the costs for counties as they are required to hold more inmates in their jails."
Second Reading of Bills
House Bill No. 5373, entitled
A bill to amend 1931 PA 328, entitled "The Michigan penal code," by amending section 165 (MCL 750.165), as amended by 1999 PA 152.
The bill was read a second time.
Rep. Nofs moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
Rep. Kooiman 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. 5373, entitled
A bill to amend 1931 PA 328, entitled "The Michigan penal code," by amending section 165 (MCL 750.165), as amended by 1999 PA 152.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 133 Yeas--75
Acciavatti Garfield Milosch Sheltrown
Amos Gleason Moolenaar Shulman
Bieda Hager Mortimer Spade
Bisbee Hart Newell Stahl
Bradstreet Hoogendyk Nitz Stakoe
Brandenburg Howell Nofs Steil
Brown Huizenga O'Neil Stewart
Byrum Hummel Palmer Tabor
Casperson Hune Palsrok Taub
Caswell Johnson, Rick Pappageorge Van Regenmorter
Caul Johnson, Ruth Pastor Vander Veen
DeRoche Julian Pumford Voorhees
DeRossett Koetje Richardville Walker
Drolet Kooiman Robertson Ward
Ehardt LaJoy Rocca Wenke
Elkins LaSata Sak Wojno
Emmons Lipsey Shackleton Woodward
Farhat Meyer Shaffer Woronchak
Gaffney Middaugh Sheen
Nays--32
Accavitti Farrah Kolb Smith
Adamini Gieleghem Law Stallworth
Anderson Gillard McConico Tobocman
Cheeks Hardman Meisner Vagnozzi
Clack Hood Minore Waters
Condino Hopgood Murphy Whitmer
Daniels Hunter Phillips Williams
Dennis Jamnick Plakas Zelenko
In The Chair: Julian
The House agreed to the title of the bill.
Rep. Kooiman moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
______
Reps. Accavitti, Dennis, Zelenko, Anderson and Waters, having reserved the right to explain their protest against the passage of the bill, made the following statement:
"Mr. Speaker and members of the House:
I voted no on House Bills 5372 and 5373 because the bills, like many others in this package, works from the presumption that people who haven't paid their support always have the financial wherewithal to do so. That is not always a fair assessment. Incarcerating delinquent payers who do not have the financial means to pay makes no sense. Even worse is the fact that they turn the presumption of innocence on its head. Applying a 100 percent bond presumes that the person owes the amount in question, in most criminal cases the presumption is in favor of the defendant.
Furthermore, as with other bills in this package, costs have not been adequately considered. According to the Office of Child Support the bills could increase FIA's costs by about $122,000. Modifications to the Michigan child support enforcement system would cost OCS an unknown amount of money. Furthermore, they suggest that requiring a cash bond could lead to fewer defendants bonding out and thus could increase the costs for counties as they are required to hold more inmates in their jails."
Second Reading of Bills
House Bill No. 4654, entitled
A bill to amend 1971 PA 174, entitled "Office of child support act," (MCL 400.231 to 400.240) by adding section 3b.
Was read a second time, and the question being on the adoption of the proposed substitute (H-3) previously recommended by the Committee on Family and Children Services,
The substitute (H-3) was adopted, a majority of the members serving voting therefor.
Rep. Lipsey moved to amend the bill as follows:
1. Amend page 3, following line 9, by inserting:
"Enacting section 1. This amendatory act does not take effect unless all of the following bills of the 92nd Legislature are enacted into law:
(a) House Bill No. 5259.
(b) House Bill No. 5262.".
The motion prevailed and the amendment was adopted, a majority of the members serving voting therefor.
Rep. Hager moved to amend the bill as follows:
1. Amend page 1, line 9, after the second "days" by inserting "beginning 60 days after the effective date of the amendatory act that added this section".
2. Amend page 1, line 9, after "before" by striking out "6" and inserting "7".
The question being on the adoption of the amendments offered by Rep. Hager,
Rep. Hager moved that amendments Nos. 1 and 2 be considered separately.
The motion prevailed.
The question being on the adoption of amendment No. 1 offered by Rep. Hager,
Rep. Hager withdrew the amendment.
The question being on the adoption of amendment No. 2 offered by Rep. Hager,
The motion prevailed and the amendment was adopted, a majority of the members serving voting therefor.
Rep. Hager moved to amend the bill as follows:
1. Amend page 1, line 9, after the first "than" by striking out "30 days and not more than 60 days" and inserting "90 days".
The motion prevailed and the amendment was adopted, a majority of the members serving voting therefor.
Rep. Lipsey moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
Rep. Kooiman 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. 4654, entitled
A bill to amend 1971 PA 174, entitled "Office of child support act," (MCL 400.231 to 400.240) by adding section 3b.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 134 Yeas--106
Accavitti Gaffney McConico Sheen
Acciavatti Garfield Meisner Sheltrown
Adamini Gieleghem Meyer Shulman
Amos Gillard Middaugh Smith
Anderson Gleason Milosch Spade
Bieda Hager Minore Stahl
Bisbee Hardman Moolenaar Stakoe
Bradstreet Hart Mortimer Stallworth
Brandenburg Hood Murphy Steil
Brown Hoogendyk Newell Stewart
Byrum Hopgood Nitz Tabor
Casperson Howell Nofs Taub
Caswell Huizenga O'Neil Tobocman
Caul Hummel Palmer Vagnozzi
Cheeks Hune Palsrok Van Regenmorter
Clack Hunter Pappageorge Vander Veen
Condino Jamnick Pastor Voorhees
Daniels Johnson, Rick Phillips Walker
Dennis Johnson, Ruth Plakas Ward
DeRoche Julian Pumford Waters
DeRossett Koetje Richardville Whitmer
Drolet Kolb Robertson Williams
Ehardt Kooiman Rocca Wojno
Elkins LaJoy Sak Woodward
Emmons LaSata Shackleton Woronchak
Farhat Law Shaffer Zelenko
Farrah Lipsey
Nays--0
In The Chair: Julian
The House agreed to the title of the bill.
Rep. Kooiman moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
Second Reading of Bills
House Bill No. 4338, entitled
A bill to amend 1976 PA 451, entitled "The revised school code," by amending sections 611, 612, 613, 614, 616, 617, and 703 (MCL 380.611, 380.612, 380.613, 380.614, 380.616, 380.617, and 380.703), sections 611 and 703 as amended by 1981 PA 87 and sections 614 and 617 as amended by 2002 PA 157; and to repeal acts and parts of acts.
(The bill was read a second time, substitute (H-7) adopted, amendments offered and bill postponed temporarily on March 16, see House Journal No. 22, p. 394.)
The question being on the adoption of amendment No. 2 offered previously by Rep. Pumford,
Rep. Kooiman moved that consideration of the amendment be postponed temporarily.
The motion prevailed.
Reps. Caswell and Spade moved to amend the bill as follows:
1. Amend page 3, line 7, by striking out all of subsection (4).
2. Amend page 9, line 15, by striking out all of subsection (6) and renumbering the remaining subsection.
The question being on the adoption of the amendments offered previously by Reps. Caswell and Spade,
Rep. Caswell demanded the yeas and nays.
The demand was supported.
The question being on the adoption of the amendments offered previously by Reps. Caswell and Spade,
The amendments were adopted, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 135 Yeas--72
Accavitti Farrah Law Shaffer
Adamini Gaffney Lipsey Sheen
Anderson Gieleghem McConico Sheltrown
Bieda Gillard Meisner Smith
Bisbee Gleason Meyer Spade
Brown Hager Middaugh Stakoe
Byrum Hardman Minore Stallworth
Casperson Hart Mortimer Stewart
Caswell Hood Murphy Tobocman
Cheeks Hopgood Newell Vagnozzi
Clack Howell Nitz Ward
Condino Hune O'Neil Waters
Daniels Hunter Palsrok Whitmer
Dennis Jamnick Phillips Williams
DeRossett Julian Plakas Wojno
Elkins Kolb Pumford Woodward
Emmons LaJoy Sak Woronchak
Farhat LaSata Shackleton Zelenko
Nays--35
Acciavatti Hoogendyk Nofs Steil
Amos Huizenga Palmer Tabor
Bradstreet Hummel Pappageorge Taub
Brandenburg Johnson, Rick Pastor Van Regenmorter
Caul Johnson, Ruth Richardville Vander Veen
DeRoche Koetje Robertson Voorhees
Drolet Kooiman Rocca Walker
Ehardt Milosch Shulman Wenke
Garfield Moolenaar Stahl
In The Chair: Julian
Rep. Pumford moved to amend the bill as follows:
2. Amend page 3, line 21, by striking out all of sections 616 and 617.
The question being on the adoption of amendment No. 2 offered previously by Rep. Pumford,
Rep. Pumford demanded the yeas and nays.
The demand was supported.
The question being on the adoption of amendment No. 2 offered previously by Rep. Pumford,
The amendment was adopted, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 136 Yeas--63
Accavitti Farhat LaSata Shackleton
Adamini Farrah Law Shaffer
Anderson Gaffney Lipsey Sheltrown
Bieda Gieleghem McConico Smith
Bisbee Gillard Meisner Spade
Brown Gleason Meyer Stallworth
Byrum Hardman Minore Stewart
Casperson Hart Mortimer Tobocman
Caswell Hood Murphy Vagnozzi
Cheeks Hopgood Nitz Waters
Clack Howell O'Neil Whitmer
Condino Hune Phillips Williams
Dennis Hunter Plakas Wojno
DeRossett Jamnick Pumford Woronchak
Elkins Kolb Richardville Zelenko
Emmons LaJoy Sak
Nays--44
Acciavatti Hoogendyk Newell Stakoe
Amos Huizenga Nofs Steil
Bradstreet Hummel Palmer Tabor
Brandenburg Johnson, Rick Palsrok Taub
Caul Johnson, Ruth Pappageorge Van Regenmorter
Daniels Julian Pastor Vander Veen
DeRoche Koetje Robertson Voorhees
Drolet Kooiman Rocca Walker
Ehardt Middaugh Sheen Ward
Garfield Milosch Shulman Wenke
Hager Moolenaar Stahl Woodward
In The Chair: Julian
Rep. Caul moved to amend the bill as follows:
1. Amend page 11, following line 5, by inserting:
"Sec. 620. (1) At the next regular school election occurring at least 90 days after the effective date of this section, the intermediate school board shall present to the school electors of the constituent districts comprising the intermediate school district the question of whether to adopt term limits for intermediate school board members of the intermediate school district. The question under this subsection shall be presented as a separate question and shall include a brief description of the term limits as described in subsection (2).
(2) If the question under subsection (1) is approved by a majority of the school electors of the constituent districts voting on the question, a person is not eligible to be elected under section 614 or sections 615 to 617 to the office of intermediate school board member more than 3 times. A person appointed or elected to fill a vacancy in the office of intermediate school board member for a period of 2 years or more is considered to have been elected to serve 1 time in that office for the purposes of this subsection. This limitation on the number of times a person may be elected to office applies to terms of office beginning after the next election of intermediate school board members after the approval of the question.".
The motion prevailed and the amendment was adopted, a majority of the members serving voting therefor.
Rep. Gieleghem moved to reconsider the vote by which the House adopted the amendment.
The motion did not prevail, a majority of the members present not voting therefor.
Rep. Daniels moved to amend the bill as follows:
1. Amend page 1, following "THE PEOPLE OF THE STATE OF MICHIGAN ENACT:" by inserting:
"Sec. 373. (1) Beginning on the effective date of the amendatory act that added this part or the date on which a school district becomes a qualifying school district, the powers and duties of the elected school board of the qualifying school district and of its secretary and treasurer are suspended unless and until a new school board is elected under section 375. However, until the expiration of each individual member's current term, the members of the elected school board of a qualifying school district may continue to meet as an advisory board to provide input to the school reform board on an advisory basis only. Notwithstanding section 417a or any board policy, bylaw, or resolution to the contrary, these advisory board members shall serve without compensation or reimbursement, and funds of the qualifying school district shall not be used to staff or otherwise support the advisory board in any way.
(2) Beginning on the effective date of the amendatory act that added this part or the date on which a school district becomes a qualifying school district, and until appointment of a school reform board for a qualifying school district under this part, all provisions of this act that would otherwise apply to the school board of the qualifying school district or to the school reform board or chief executive officer apply to the mayor, and the mayor immediately may exercise all the powers and duties otherwise vested by law in the board of the qualifying school district and in its secretary and treasurer, and all powers and duties of the school reform board or chief executive officer as provided under this part. Within 30 days after appointing a school reform board under this part, the mayor shall initiate a financial audit of the qualifying school district. The mayor shall provide the results of this audit to the school reform board.
(3) Upon appointment of a school reform board for a qualifying school district under this part, and until appointment of a chief executive officer under section 374, all provisions of this act that would otherwise apply to the school board of the qualifying school district or to the chief executive officer apply to the school reform board, and the school reform board immediately may exercise all the powers and duties otherwise vested by law in the board of the qualifying school district and in its secretary and treasurer, and all powers and duties of the chief executive officer as provided under this part.
(4) Upon appointment of a chief executive officer for a qualifying school district under section 374, all provisions of this act that would otherwise apply to the elected school board of the qualifying school district apply to the chief executive officer; the chief executive officer immediately may exercise all the powers and duties otherwise vested by law in the elected school board of the qualifying school district and in its secretary and treasurer, and all additional powers and duties provided under this part; and the chief executive officer accedes to all the rights, duties, and obligations of the elected school board of the qualifying school district. These powers, rights, duties, and obligations include, but are not limited to, all of the following:
(a) Authority over the expenditure of all school district funds, including proceeds from bonded indebtedness and other funds dedicated to capital projects. However, the chief executive officer shall not enter a contract that obligates the qualifying school district for more than $100,000.00 unless the contract is approved by the school reform board.
(b) Rights and obligations under collective bargaining agreements and employment contracts entered into by the elected school board, except for employment contracts of those employees described in subsection (6).
(c) Rights to prosecute and defend litigation.
(d) Obligations under any judgments entered against the elected school board.
(e) Rights and obligations under statute, rule, and common law.
(f) Authority to delegate any of the chief executive officer's powers and duties to 1 or more designees, with proper supervision by the school reform board.
(5) In addition to his or her other powers, the chief executive officer appointed under this part may terminate any contract entered into by the elected school board of the qualifying school district except for a collective bargaining agreement. However, this subsection does not allow any termination or diminishment of obligations to pay debt service on legally authorized bonds. A contract terminated by a chief executive officer under this subsection is void.
(6) Beginning on the effective date of the amendatory act that added this part or the date on which a school district becomes a qualifying school district, and until appointment of a school reform board for a qualifying school district under this part, each employee of the qualifying school district whose position is not covered by a collective bargaining agreement is employed at the will of the mayor. Upon appointment of a school reform board for a qualifying school district under this part, and until appointment of a chief executive officer under section 374, each employee of the qualifying school district whose position is not covered by a collective bargaining agreement is employed at the will of the school reform board. Upon appointment of a chief executive officer for a qualifying school district under section 374, each employee of the qualifying school district whose position is not covered by a collective bargaining agreement is employed at the will of the chief executive officer.
(7) Not later than 90 days after the initial appointment of a chief executive officer under this part, and at least annually thereafter, the chief executive officer with the approval of the school reform board shall develop and submit to the school district accountability board created in section 376 a school district improvement plan that includes at least detailed academic, financial, capital, and operational goals and benchmarks for improvement and a description of strategies to be used to accomplish those goals and benchmarks. The plan also shall include an assessment of available resources and recommendations concerning additional resources or changes in statute or rule, if any, needed to meet those goals and benchmarks. The plan also shall include an evaluation of local school governance issues, including criteria for establishing building-level governance.
(8) A chief executive officer with the approval of the school reform board for the qualifying school district shall submit an annual report to the mayor, governor, school district accountability board created in section 376, and legislature and shall make the annual report available to the community in the qualifying school district. The annual report shall contain at least all of the following:
(a) A summary of the initiatives that have been implemented to improve school quality in the qualifying school district.
(b) Measurements that may be useful in determining improvements in school quality in the qualifying school district. These measurements shall indicate changes from baseline data from the school year before the appointment of the school reform board, and shall include at least all of the following:
(i) Standardized test scores of pupils.
(ii) Dropout rates.
(iii) Daily attendance figures.
(iv) Enrollment figures.
(v) High school completion and other pertinent completion rates.
(vi) Changes made in course offerings.
(vii) Proportion of school district resources devoted to direct educational services.
(c) A description of long-term performance goals that may include statewide averages or comparable measures of long-term improvement.
(9) A school reform board may organize and establish community assistance teams to work with the school reform board to implement a cohesive, full service community school program addressing the needs and concerns of the qualifying school district's population. The school reform board may delegate to a community assistance team the authority to devise and implement family, community, cultural, and recreational activities to assure that the academic mission of the schools is successful. The community assistance teams may also develop parental involvement activities that focus on the encouragement of voluntary parenting education, enhancing parent and family involvement in education, and promoting adult and family literacy.
(10) The mayor, superintendent of public instruction, state board, school district accountability board created in section 376, this state, the city in which a qualifying school district is located, a school reform board established under this part, or a chief executive officer or other officer appointed under section 374 is not liable for any obligation of or claim against a qualifying school district resulting from an action taken under this part.".
The motion prevailed and the amendment was adopted, a majority of the members serving voting therefor.
Rep. Hopgood moved to amend the bill as follows:
1. Amend page 1, following "THE PEOPLE OF THE STATE OF MICHIGAN ENACT:" by inserting:
"Sec. 502b. A member of the board of directors of a public school academy is subject to recall by the school electors of the school district in which the public school academy is located in the same manner as a member of the school board of the school district in which the public school academy is located.
Sec. 522b. A member of the board of directors of an urban high school academy is subject to recall by the school electors of the school district in which the urban high school academy is located in the same manner as a member of the school board of the school district in which the urban high school academy is located.".
2. Amend page 12, following line 7, by inserting:
"Sec. 1311n. A member of the board of directors of a strict discipline academy is subject to recall by the school electors of the school district in which the strict discipline academy is located in the same manner as a member of the school board of the school district in which the strict discipline academy is located.".
The question being on the adoption of the amendments offered previously by Rep. Hopgood,
Rep. Hopgood demanded the yeas and nays.
The demand was supported.
The question being on the adoption of the amendments offered previously by Rep. Hopgood,
Point of Order
Rep. Palmer requested a ruling from the Chair regarding the germaneness of the amendments offered by Rep. Hopgood.
The Chair ruled that the amendments are not germane pursuant to House Rule 64.
Rep. Waters appealed the decision of the Chair.
The question being, "Shall the judgment of the Chair stand as the judgment of the House?"
The judgment of the Chair stood as the judgment of the House, a majority of the members present voting therefor, by yeas and nays, as follows:
Roll Call No. 137 Yeas--62
Acciavatti Hager Milosch Shaffer
Amos Hart Moolenaar Sheen
Bisbee Hoogendyk Mortimer Shulman
Bradstreet Howell Newell Stahl
Brandenburg Huizenga Nitz Stakoe
Casperson Hummel Nofs Steil
Caswell Hune Palmer Stewart
Caul Johnson, Rick Palsrok Tabor
DeRoche Johnson, Ruth Pappageorge Taub
DeRossett Julian Pastor Vander Veen
Drolet Koetje Pumford Voorhees
Ehardt Kooiman Richardville Walker
Emmons LaJoy Robertson Ward
Farhat LaSata Rocca Wenke
Gaffney Meyer Shackleton Woronchak
Garfield Middaugh
Nays--45
Accavitti Farrah Lipsey Smith
Adamini Gieleghem McConico Spade
Anderson Gillard Meisner Stallworth
Bieda Gleason Minore Tobocman
Brown Hardman Murphy Vagnozzi
Byrum Hood O'Neil Waters
Cheeks Hopgood Phillips Whitmer
Clack Hunter Plakas Williams
Condino Jamnick Rivet Wojno
Daniels Kolb Sak Woodward
Dennis Law Sheltrown Zelenko
Elkins
In The Chair: Julian
Rep. Gieleghem moved to amend the bill as follows:
1. Amend page 1, following "THE PEOPLE OF THE STATE OF MICHIGAN ENACT:" by inserting:
"Sec. 607. An intermediate school board shall not act as an authorizing body to issue a contract for a public school academy under part 6a or for a strict discipline academy under section 1311d unless the intermediate school board places the question of issuing the contract for the public school academy or strict discipline academy on the ballot at a regular intermediate school district election and the question is approved by a majority of the intermediate school electors voting on the question at that election.".
The question being on the adoption of the amendment offered previously by Rep. Gieleghem,
Rep. Gieleghem demanded the yeas and nays.
The demand was supported.
The question being on the adoption of the amendment offered previously by Rep. Gieleghem,
Point of Order
Rep. Palmer requested a ruling from the Chair regarding the germaneness of the amendment offered by Rep. Gieleghem.
The Chair ruled that the amendment is not germane pursuant to House Rule 64.
Rep. Waters appealed the decision of the Chair.
The question being, "Shall the judgment of the Chair stand as the judgment of the House?"
The judgment of the Chair stood as the judgment of the House, a majority of the members present voting therefor, by yeas and nays, as follows:
Roll Call No. 138 Yeas--63
Acciavatti Hager Milosch Sheen
Amos Hart Moolenaar Shulman
Bisbee Hoogendyk Mortimer Stahl
Bradstreet Howell Newell Stakoe
Brandenburg Huizenga Nitz Steil
Casperson Hummel Nofs Stewart
Caswell Hune Palmer Tabor
Caul Johnson, Rick Palsrok Taub
DeRoche Johnson, Ruth Pappageorge Van Regenmorter
DeRossett Julian Pastor Vander Veen
Drolet Koetje Pumford Voorhees
Ehardt Kooiman Richardville Walker
Emmons LaJoy Robertson Ward
Farhat LaSata Rocca Wenke
Gaffney Meyer Shackleton Woronchak
Garfield Middaugh Shaffer
Nays--44
Accavitti Elkins Law Sheltrown
Adamini Farrah Lipsey Smith
Anderson Gieleghem McConico Spade
Bieda Gillard Meisner Stallworth
Brown Gleason Minore Vagnozzi
Byrum Hardman Murphy Waters
Cheeks Hood O'Neil Whitmer
Clack Hopgood Phillips Williams
Condino Hunter Plakas Wojno
Daniels Jamnick Rivet Woodward
Dennis Kolb Sak Zelenko
In The Chair: Julian
Rep. Minore moved to amend the bill as follows:
1. Amend page 1, following "THE PEOPLE OF THE STATE OF MICHIGAN ENACT:" by inserting:
"Sec. 502a. Notwithstanding any other provision of this part, beginning on the effective date of this section, the board of directors of a public school academy shall be elected by the parents of the pupils enrolled in the public school academy.
Sec. 522a. Notwithstanding any other provision of this part, beginning on the effective date of this section, the board of directors of an urban high school academy shall be elected by the parents of the pupils enrolled in the urban high school academy.".
The question being on the adoption of the amendment offered previously by Rep. Minore,
Rep. Minore demanded the yeas and nays.
The demand was supported.
The question being on the adoption of the amendment offered previously by Rep. Minore,
Point of Order
Rep. Palmer requested a ruling from the Chair regarding the germaneness of the amendment offered by Rep. Minore.
The Chair ruled that the amendment is not germane pursuant to House Rule 64.
Rep. Waters appealed the decision of the Chair.
The question being, "Shall the judgment of the Chair stand as the judgment of the House?"
The judgment of the Chair stood as the judgment of the House, a majority of the members present voting therefor, by yeas and nays, as follows:
Roll Call No. 139 Yeas--63
Acciavatti Hager Milosch Sheen
Amos Hart Moolenaar Shulman
Bisbee Hoogendyk Mortimer Stahl
Bradstreet Howell Newell Stakoe
Brandenburg Huizenga Nitz Steil
Casperson Hummel Nofs Stewart
Caswell Hune Palmer Tabor
Caul Johnson, Rick Palsrok Taub
DeRoche Johnson, Ruth Pappageorge Van Regenmorter
DeRossett Julian Pastor Vander Veen
Drolet Koetje Pumford Voorhees
Ehardt Kooiman Richardville Walker
Emmons LaJoy Robertson Ward
Farhat LaSata Rocca Wenke
Gaffney Meyer Shackleton Woronchak
Garfield Middaugh Shaffer
Nays--45
Accavitti Farrah Lipsey Smith
Adamini Gieleghem McConico Spade
Anderson Gillard Meisner Stallworth
Bieda Gleason Minore Tobocman
Brown Hardman Murphy Vagnozzi
Byrum Hood O'Neil Waters
Cheeks Hopgood Phillips Whitmer
Clack Hunter Plakas Williams
Condino Jamnick Rivet Wojno
Daniels Kolb Sak Woodward
Dennis Law Sheltrown Zelenko
Elkins
In The Chair: Julian
Rep. Meisner moved to amend the bill as follows:
1. Amend page 1, following "THE PEOPLE OF THE STATE OF MICHIGAN ENACT:" by inserting:
"Sec. 502a. Notwithstanding any other provision of this part, beginning with the next regular school election occurring after the effective date of this section in the school district in which a public school academy is located, all of the following apply to the board of directors of a public school academy:
(a) The board of directors shall have the same number of members as the board of the school district in which the public school academy is located.
(b) Members of the board of directors shall be elected by the school electors of the school district in which the public school academy is located in the same manner as local school board members are elected. The school district or local elections officials shall conduct the election as part of the regular school election, and the public school academy shall reimburse the school district or local elections officials for the additional costs of including election of the board of directors as part of the regular school election.
(c) The terms of office for the members of the board of directors shall be the same as for the members of the board of the school district in which the public school academy is located. The terms of the initial elected members shall be staggered in the same manner as for the initial election of the board of a school district.
Sec. 522a. Notwithstanding any other provision in this part, beginning with the next regular school election occurring after the effective date of this section in the school district in which an urban high school academy is located, all of the following apply to the board of directors of an urban high school academy:
(a) The board of directors shall have the same number of members as the board of the school district in which the urban high school academy is located.
(b) Members of the board of directors shall be elected by the school electors of the school district in which the urban high school academy is located in the same manner as local school board members are elected. The school district or local elections officials shall conduct the election as part of the regular school election, and the urban high school academy shall reimburse the school district or local elections officials for the additional cost of including election of the board of directors as part of the regular school election.
(c) The terms of office for the members of the board of directors shall be the same as for the members of the board of the school district in which the urban high school academy is located. The terms of the initial elected members shall be staggered in the same manner as for the initial election of the board of a school district.".
2. Amend page 12, following line 7, by inserting:
"(4) As used in this section, "school board" means the board of a school district or the board of directors of a public school academy.
Sec. 1311m. Notwithstanding any other provision in this part, beginning with the next regular school election occurring after the effective date of this section in the school district in which a strict discipline academy is located, all of the following apply to the board of directors of a strict discipline academy:
(a) The board of directors shall have the same number of members as the board of the school district in which the strict discipline academy is located.
(b) Members of the board of directors shall be elected by the school electors of the school district in which the strict discipline academy is located in the same manner as local school board members are elected. The school district or local elections officials shall conduct the election as part of the regular school election, and the strict discipline academy shall reimburse the school district or local elections officials for the additional cost of including election of the board of directors as part of the regular school election.
(c) The terms of office for the members of the board of directors shall be the same as for the members of the board of the school district in which the strict discipline academy is located. The terms of the initial elected members shall be staggered in the same manner as for the initial election of the board of a school district.".
The question being on the adoption of the amendments offered previously by Rep. Meisner,
Rep. Meisner withdrew the amendments.
Rep. Ruth Johnson moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
Rep. Kooiman 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. 4338, entitled
A bill to amend 1976 PA 451, entitled "The revised school code," by amending sections 611, 612, 613, 614, 616, 617, and 703 (MCL 380.611, 380.612, 380.613, 380.614, 380.616, 380.617, and 380.703), sections 611 and 703 as amended by 1981 PA 87 and sections 614 and 617 as amended by 2002 PA 157; and to repeal acts and parts of acts.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 140 Yeas--102
Accavitti Gaffney Meyer Sheen
Acciavatti Garfield Middaugh Sheltrown
Adamini Gieleghem Milosch Shulman
Amos Gillard Minore Spade
Anderson Gleason Moolenaar Stahl
Bieda Hager Mortimer Stakoe
Bisbee Hardman Murphy Stallworth
Bradstreet Hart Newell Steil
Brandenburg Hood Nitz Stewart
Brown Hoogendyk Nofs Tabor
Byrum Hopgood O'Neil Taub
Casperson Howell Palmer Vagnozzi
Caswell Huizenga Palsrok Van Regenmorter
Caul Hummel Pappageorge Vander Veen
Clack Hune Pastor Voorhees
Condino Jamnick Phillips Walker
Daniels Johnson, Rick Plakas Ward
Dennis Johnson, Ruth Pumford Waters
DeRoche Julian Richardville Wenke
DeRossett Koetje Rivet Whitmer
Drolet Kolb Robertson Williams
Ehardt Kooiman Rocca Wojno
Elkins LaJoy Sak Woodward
Emmons LaSata Shackleton Woronchak
Farhat Law Shaffer Zelenko
Farrah Meisner
Nays--2
Hunter Lipsey
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 373 and 613 (MCL 380.373 and 380.613), section 373 as amended by 2000 PA 230 and section 613 as amended by 2003 PA 299, and by adding sections 614a, 619, 620, and 1107.
The motion prevailed.
The House agreed to the title as amended.
Rep. Kooiman moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
Second Reading of Bills
House Bill No. 5628, entitled
A bill to amend 1954 PA 116, entitled "Michigan election law," by amending sections 302, 303, and 310 (MCL 168.302, 168.303, and 168.310), as added by 2003 PA 302.
Was read a second time, and the question being on the adoption of the proposed substitute (H-1) previously recommended by the Committee on Education,
The substitute (H-1) was adopted, a majority of the members serving voting therefor.
Rep. Amos moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
Rep. Kooiman 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. 5628, entitled
A bill to amend 1954 PA 116, entitled "Michigan election law," by amending sections 302, 303, and 310 (MCL 168.302, 168.303, and 168.310), as added by 2003 PA 302.
The bill was read a third time.
The question being on the passage of the bill,
Rep. Waters moved that consideration of the bill be postponed temporarily.
The motion prevailed.
Second Reading of Bills
House Bill No. 5259, entitled
A bill to amend 1982 PA 294, entitled "Friend of the court act," by amending section 11 (MCL 552.511), as amended by 2002 PA 571.
Was read a second time, and the question being on the adoption of the proposed substitute (H-1) previously recommended by the Committee on Family and Children Services,
The substitute (H-1) was adopted, a majority of the members serving voting therefor.
Rep. Stahl moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
Rep. Kooiman moved that the bill be placed on its immediate passage.
The motion prevailed, a majority of the members serving voting therefor.
Rep. Hood moved that Rep. McConico be excused temporarily from today's session.
The motion prevailed.
By unanimous consent the House returned to the order of
Third Reading of Bills
House Bill No. 5259, entitled
A bill to amend 1982 PA 294, entitled "Friend of the court act," by amending section 11 (MCL 552.511), as amended by 2002 PA 571.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 141 Yeas--107
Accavitti Gaffney Meisner Sheltrown
Acciavatti Garfield Meyer Shulman
Adamini Gieleghem Middaugh Smith
Amos Gillard Milosch Spade
Anderson Gleason Minore Stahl
Bieda Hager Moolenaar Stakoe
Bisbee Hardman Mortimer Stallworth
Bradstreet Hart Murphy Steil
Brandenburg Hood Newell Stewart
Brown Hoogendyk Nitz Tabor
Byrum Hopgood Nofs Taub
Casperson Howell O'Neil Tobocman
Caswell Huizenga Palmer Vagnozzi
Caul Hummel Palsrok Van Regenmorter
Cheeks Hune Pappageorge Vander Veen
Clack Hunter Pastor Voorhees
Condino Jamnick Phillips Walker
Daniels Johnson, Rick Plakas Ward
Dennis Johnson, Ruth Pumford Waters
DeRoche Julian Richardville Wenke
DeRossett Koetje Rivet Whitmer
Drolet Kolb Robertson Williams
Ehardt Kooiman Rocca Wojno
Elkins LaJoy Sak Woodward
Emmons LaSata Shackleton Woronchak
Farhat Law Shaffer Zelenko
Farrah Lipsey Sheen
Nays--0
In The Chair: Julian
The House agreed to the title of the bill.
Rep. Kooiman moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
______
The Speaker Pro Tempore called Associate Speaker Pro Tempore Ehardt to the Chair.
Second Reading of Bills
House Bill No. 5262, entitled
A bill to amend 1931 PA 328, entitled "The Michigan penal code," (MCL 750.1 to 750.568) by adding section 161a.
Was read a second time, and the question being on the adoption of the proposed substitute (H-1) previously recommended by the Committee on Family and Children Services,
The substitute (H-1) was adopted, a majority of the members serving voting therefor.
Rep. Hart moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
Rep. Kooiman moved that the bill be placed on its immediate passage.
The motion prevailed, a majority of the members serving voting therefor.
______
Rep. Palmer moved that Rep. Julian be excused temporarily from today's session.
The motion prevailed.
Rep. Waters moved that Rep. Smith be excused temporarily from today's session.
The motion prevailed.
By unanimous consent the House returned to the order of
Third Reading of Bills
House Bill No. 5262, entitled
A bill to amend 1931 PA 328, entitled "The Michigan penal code," (MCL 750.1 to 750.568) by adding section 161a.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 142 Yeas--105
Accavitti Gaffney Meisner Sheen
Acciavatti Garfield Meyer Sheltrown
Adamini Gieleghem Middaugh Shulman
Amos Gillard Milosch Spade
Anderson Gleason Minore Stahl
Bieda Hager Moolenaar Stakoe
Bisbee Hardman Mortimer Stallworth
Bradstreet Hart Murphy Steil
Brandenburg Hood Newell Stewart
Brown Hoogendyk Nitz Tabor
Byrum Hopgood Nofs Taub
Casperson Howell O'Neil Tobocman
Caswell Huizenga Palmer Vagnozzi
Caul Hummel Palsrok Van Regenmorter
Cheeks Hune Pappageorge Vander Veen
Clack Hunter Pastor Voorhees
Condino Jamnick Phillips Walker
Daniels Johnson, Rick Plakas Ward
Dennis Johnson, Ruth Pumford Waters
DeRoche Koetje Richardville Wenke
DeRossett Kolb Rivet Whitmer
Drolet Kooiman Robertson Williams
Ehardt LaJoy Rocca Wojno
Elkins LaSata Sak Woodward
Emmons Law Shackleton Woronchak
Farhat Lipsey Shaffer Zelenko
Farrah
Nays--0
In The Chair: Ehardt
The House agreed to the title of the bill.
Rep. Kooiman moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
______
Rep. Kooiman 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. Sak, O'Neil, Plakas, Spade, Wojno, Vagnozzi, Dennis, Bieda, Law, Woronchak, Meisner, Condino, Anderson, Accavitti, Adamini, Brandenburg, DeRossett, Farrah, Garfield, Gieleghem, Gillard, Hood, Lipsey, Minore, Murphy, Rivet, Sheltrown, Taub, Waters, Woodward, Zelenko, Brown, Gleason, Hardman, Hopgood, Rocca and Stallworth offered the following resolution:
House Resolution No. 217.
A resolution to memorialize the President and the Congress of the United States to make no cuts to Social Security retirement benefits and to refrain from raising the age for eligibility.
Whereas, Born in the darkest hours of the Great Depression, Social Security has been a key factor in saving millions of elderly Americans from poverty. Seven decades later, Social Security remains the cornerstone of our nation's commitment to our older citizens; and
Whereas, Over the years, Social Security has evolved with our society, with several key changes designed to contribute to the program's long-term viability. As the program operates today, Social Security is expected to begin to face insolvency as we approach the midpoint of this century, at which time the fund will begin to pay out more in benefits than it takes in. To achieve the goal of assuring the financial strength of the system for future generations, some steps will have to be taken. These steps include a wide range of options; and
Whereas, A recent proposal by the Federal Reserve Board Chairman called for some combination of cuts in benefits and an increase in eligibility age to assure the financial stability of Social Security for the remainder of the 21st century. The context of these remarks was in discussions about the growing federal budget deficit, the overall health of the economy, and tax policies; and
Whereas, Addressing Social Security solvency issues through benefit cuts and higher eligibility ages would reflect inappropriate priorities for our country. Many seniors already worry that they will have to go back to work to meet their basic needs. Approaching this issue from the perspective of benefit cuts and delayed eligibility would be breaking a promise to the American people. There are far more suitable, effective, and fairer approaches to take to address this situation, and cutting Social Security is not the way to address federal deficits; now, therefore, be it
Resolved by the House of Representatives, That we memorialize the President and the Congress of the United States to make no cuts to Social Security retirement benefits and to refrain from raising the age for eligibility; and be it further
Resolved, That copies of this resolution be transmitted to the Office of the President of the United States, the President of the United States Senate, the Speaker of the United States House of Representatives, and the members of the Michigan congressional delegation.
The resolution was referred to the Committee on Government Operations.
Reps. Stahl, Shackleton, Stakoe, Huizenga, Kooiman, Koetje, Brandenburg, Drolet, DeRoche, Garfield, Hummel, Newell, DeRossett, Emmons, Van Regenmorter, Bradstreet, Hart, Pumford, Bisbee, Rivet, Casperson, Pastor, Farhat, Caswell, Meyer, Stewart, Rick Johnson, Taub, Tabor, Voorhees, Steil, Sheltrown, Gleason, Bieda, Gaffney, Shaffer, Richardville, Accavitti, Adamini, Gillard, Hager, Milosch, Murphy, Phillips, Sak, Tobocman, Vagnozzi, Hopgood, Pappageorge, Rocca, Shulman and Stallworth offered the following resolution:
House Resolution No. 218.
A resolution to call on the Governor to work with the Premier of Ontario to create a Michigan-Ontario commission on border-crossing streamlining and safety.
Whereas, Michigan and Ontario share several of the busiest international crossing points along our common border. In addition to the large volume of passenger cars and individuals, commercial vehicles and railroad traffic reflect the strong economic partnership between our nations. The friendship we enjoy with our Canadian neighbors extends to our mutual concerns for safety, efficiency, and vigilance in the face of shared threats; and
Whereas, In the wake of NAFTA and the terrorist attacks of September 11th, the need to communicate on matters as far-reaching as infrastructure, worker access, security, and commercial concerns is more important than at any time in our history. In addition to dealing with problems, our state and provincial governments should do all we can to work together and harmonize border-related policies and regulations; and
Whereas, Both sides of the border are strongly dependent upon the swift and safe transport of goods and people between our countries. Increasing the speed of crossings and increasing cooperation are steps that ultimately will provide great benefit to businesses of all types and sizes; and
Whereas, In spite of the seriousness and number of issues surrounding our shared border crossings, there is no formal group that exists to deal directly with the unique concerns of the Michigan-Ontario border crossings. A structure is needed to encourage dialogue, resolve problems, and anticipate issues as expeditiously as possible. With all that depends upon the smooth and safe movement of people and goods across our borders, the establishment of a Michigan-Ontario commission on border-crossing issues is long overdue; now, therefore, be it
Resolved by the House of Representatives, That we call on the Governor to work with the Premier of Ontario to create a Michigan-Ontario commission on border-crossing streamlining and safety; and be it further
Resolved, That copies of this resolution be transmitted to the Office of the Governor.
The resolution was referred to the Committee on Commerce.
Reps. Gillard, Accavitti, Adamini, Anderson, Bieda, Brandenburg, Condino, Dennis, DeRossett, Farrah, Gieleghem, Law, Lipsey, Minore, Murphy, Phillips, Plakas, Rivet, Sak, Sheltrown, Tobocman, Vagnozzi, Waters, Woodward, Zelenko, Brown, Gleason, Hopgood, Pappageorge and Stallworth offered the following resolution:
House Resolution No. 219.
A resolution to memorialize the Congress of the United States, the United States Forest Service, and the Bureau of Land Management to work with the Michigan Department of Natural Resources to align mineral rights with surface rights on publicly owned lands.
Whereas, Michigan's rich natural resources sustain our economy and our spirit and are at the core of our shared heritage; and
Whereas, Michigan's vast public lands provide outstanding recreational opportunities for Michigan residents and visitors and critical protections for a variety of ecosystems across the state; and
Whereas, It is in the best interest of the citizens of Michigan that natural resources in the state are vigorously protected and, as needed, developed in an orderly, transparent, and economically and ecologically sustainable manner; and
Whereas, The federal government owns significant subsurface mineral holdings on state lands. This makes it difficult to manage effectively the natural resources of the state in the most sustainable and beneficial manner; and
Whereas, The United States Bureau of Land Management has yet to develop a coherent and transparent inventory of the federal government's subsurface mineral holdings in the state; now, therefore, be it
Resolved by the House of Representatives, That we memorialize the Congress of the United States to provide the necessary funding for the United States Bureau of Land Management to complete its efforts to inventory the federal government's subsurface mineral holdings in Michigan. We urge the United States Bureau of Land Management and the United States Forest Service to work with the Michigan Department of Natural Resources and take all practical steps to facilitate potential exchanges of severed mineral rights on publicly owned lands in Michigan; 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, the United States Bureau of Land Management, and the United States Forest Service.
The resolution was referred to the Committee on Conservation and Outdoor Recreation.
Reports of Standing Committees
The Committee on Criminal Justice, by Rep. Van Regenmorter, Chair, reported
House Bill No. 4468, entitled
A bill to amend 1931 PA 328, entitled "The Michigan penal code," by amending section 136b (MCL 750.136b), as amended by 1999 PA 273.
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. Van Regenmorter, Stakoe, Howell, LaSata, Gaffney, Nofs, Meisner, Condino and Hood
Nays: None
The Committee on Criminal Justice, by Rep. Van Regenmorter, Chair, reported
House Bill No. 4584, entitled
A bill to amend 1927 PA 175, entitled "The code of criminal procedure," by amending section 16g of chapter XVII (MCL 777.16g), as amended by 2002 PA 630.
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. Van Regenmorter, Stakoe, Howell, LaSata, Gaffney, Nofs, Meisner, Condino and Hood
Nays: None
The Committee on Criminal Justice, by Rep. Van Regenmorter, Chair, reported
House Bill No. 5026, entitled
A bill to amend 1931 PA 328, entitled "The Michigan penal code," by amending section 411a (MCL 750.411a), as amended by 2002 PA 672.
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. Van Regenmorter, Stakoe, Howell, LaSata, Gaffney, Nofs, Meisner, Condino and Hood
Nays: None
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Van Regenmorter, Chair, of the Committee on Criminal Justice, was received and read:
Meeting held on: Wednesday, March 17, 2004
Present: Reps. Van Regenmorter, Stakoe, Howell, LaSata, Gaffney, Nofs, Meisner, Condino and Hood
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Wenke, Chair, of the Committee on Tax Policy, was received and read:
Meeting held on: Wednesday, March 17, 2004
Present: Reps. Wenke, Sheen, Koetje, Woronchak, Meyer, Drolet, Hummel, Palmer, Milosch, Nofs, Stakoe, O'Neil, Farrah, Bieda and Condino
Absent: Reps. Minore and Zelenko
Excused: Reps. Minore and Zelenko
Announcement by the Clerk of Printing and Enrollment
The Clerk announced that the following bills had been printed and placed upon the files of the members on Thursday, March 11:
Senate Bill Nos. 1086 1087 1088
The Clerk announced that the following bills had been printed and placed upon the files of the members on Friday, March 12:
Senate Bill Nos. 1089 1090 1091 1092 1093 1094
The Clerk announced that the following bills had been printed and placed upon the files of the members on Wednesday, March 17:
House Bill Nos. 5644 5645 5646 5647 5648 5649 5650 5651 5652 5653 5654 5655 5656
The Clerk announced that the following Senate bills had been received on Wednesday, March 17:
Senate Bill Nos. 783 784 990
By unanimous consent the House returned to the order of
Messages from the Senate
House Concurrent Resolution No. 24.
A concurrent resolution to memorialize the Congress of the United States to enact legislation to grant a federal charter to the Korean War Veterans Association.
(For text of concurrent resolution, see House Journal No. 61 of 2003, p. 1300.)
The Senate has adopted the concurrent resolution and named Senators Allen, Cassis, Cropsey, Goschka, Van Woerkom, Cherry, Olshove, Sanborn and Barcia as co-sponsors.
The concurrent resolution was referred to the Clerk for record.
Senate Bill No. 783, entitled
A bill to amend 1931 PA 328, entitled "The Michigan penal code," (MCL 750.1 to 750.568) by adding section 411t.
The Senate has passed the bill.
The bill was read a first time by its title and referred to the Committee on Criminal Justice.
Senate Bill No. 784, entitled
A bill to amend 1927 PA 175, entitled "The code of criminal procedure," by amending section 16t of chapter XVII (MCL 777.16t), as amended by 2000 PA 371.
The Senate has passed the bill.
The bill was read a first time by its title and referred to the Committee on Criminal Justice.
Senate Bill No. 990, entitled
A bill to amend 1961 PA 236, entitled "Revised judicature act of 1961," by amending section 5856 (MCL 600.5856), as amended by 1993 PA 78.
The Senate has passed the bill.
The bill was read a first time by its title and referred to the Committee on Judiciary.
Introduction of Bills
Reps. Huizenga, Hummel and Farhat introduced
House Bill No. 5657, 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. Julian introduced
House Bill No. 5658, entitled
A bill to amend 1965 PA 285, entitled "Private detective license act," by amending section 26 (MCL 338.846), as amended by 2002 PA 474, and by adding section 26a.
The bill was read a first time by its title and referred to the Committee on Regulatory Reform.
Reps. Stahl, Nofs, Koetje, Brandenburg, Hummel, Voorhees, Hune, Moolenaar, Nitz, Tabor, Gaffney, Casperson, Pastor, Farhat, Gleason, Meyer and Shaffer introduced
House Bill No. 5659, entitled
A bill to amend 1855 PA 105, entitled "An act to regulate the disposition of the surplus funds in the state treasury; to provide for the deposit of surplus funds in certain financial institutions; to lend surplus funds pursuant to loan agreements secured by certain commercial, agricultural, or industrial real and personal property; to authorize the loan of surplus funds to certain municipalities; to authorize the participation in certain loan programs; to authorize an appropriation; and to prescribe the duties of certain state agencies," (MCL 21.141 to 21.147) by adding section 2g.
The bill was read a first time by its title and referred to the Committee on Commerce.
Reps. LaJoy, Ruth Johnson, Taub, Emmons, Ward, Brandenburg, Gaffney and Caswell introduced
House Bill No. 5660, entitled
A bill to amend 1976 PA 451, entitled "The revised school code," by amending section 1263 (MCL 380.1263), as amended by 1990 PA 159.
The bill was read a first time by its title and referred to the Committee on Land Use and Environment.
Reps. Sheen, Taub, DeRoche, Hoogendyk, Palsrok, Newell, Ehardt, Milosch, Shackleton, Stahl, Drolet, Pastor, Garfield, Huizenga, Hune, Kooiman, Wenke, Pappageorge, Ward, Pumford, Steil, Meyer, Richardville, Farhat, Vander Veen, Caswell, Middaugh, Hummel, Rocca, Mortimer, Caul, Ruth Johnson, Howell, Woronchak, Nofs, Shaffer, Stakoe, Amos, Moolenaar, Bisbee, LaSata, Emmons, Voorhees, DeRossett, Gaffney, Tabor, Bradstreet, Hart, Stewart, Brandenburg, Nitz, Anderson, Lipsey, Julian, Condino, Brown, Phillips, Farrah and O'Neil introduced
House Bill No. 5661, entitled
A bill to amend 1956 PA 218, entitled "The insurance code of 1956," by amending section 3716 (MCL 500.3716), as added by 2003 PA 88.
The bill was read a first time by its title and referred to the Committee on Insurance.
Reps. Sheen, Taub, DeRoche, Hoogendyk, Palsrok, Newell, Ehardt, Drolet, Milosch, Shackleton, Stahl, Pastor, Garfield, Huizenga, Hune, Kooiman, Pappageorge, Ward, Rocca, Wenke, Woronchak, Farhat, Vander Veen, Meyer, Caswell, Middaugh, Hummel, Mortimer, Caul, Ruth Johnson, Howell, Shaffer, Nofs, Stakoe, Amos, Moolenaar, Bisbee, Emmons, Richardville, Voorhees, DeRossett, Gaffney, Tabor, Bradstreet, Hart, Stewart, Brandenburg, Nitz, Lipsey, Julian, Condino, Brown, Phillips, Farrah and O'Neil introduced
House Bill No. 5662, entitled
A bill to amend 1967 PA 281, entitled "Income tax act of 1967," by amending section 30 (MCL 206.30), as amended by 2002 PA 615.
The bill was read a first time by its title and referred to the Committee on Tax Policy.
Rep. Bieda moved that the House adjourn.
The motion prevailed, the time being 5:50 p.m.
Associate Speaker Pro Tempore Ehardt declared the House adjourned until Thursday, March 18, at 10:00 a.m.
GARY L. RANDALL
Clerk of the House of Representatives