2004-HJ-05-04-037.htm

No. 37

STATE OF MICHIGAN

JOURNAL

OF THE

House of Representatives

92nd Legislature

REGULAR SESSION OF 2004

House Chamber, Lansing, Tuesday, May 4, 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--e/d/s Jamnick--present Pastor--present Vander Veen--present

Condino--present Johnson, Rick--present Phillips--e/d/s Voorhees--present

Daniels--excused Johnson, Ruth--present Plakas--present Walker--present

Dennis--present Julian--present Pumford--present Ward--present

DeRoche--present Koetje--present Reeves--e/d/s 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. Barbara A. Farrah, from the 13th District, offered the following invocation:

"We praise You, Father of all; we thank You for calling us to be Your people, and for setting us apart to give You glory. Cleanse our hearts and our lives with Your Holy word, and make our worship pleasing to You. Guide us by Your Spirit as we follow Your path. All glory and praise are Yours, Father, forever and ever. Amen."

______

Rep. Waters moved that Rep. Daniels be excused from today's session.

The motion prevailed.

Rep. Waters moved that Rep. Murphy be excused temporarily from today's session.

The motion prevailed.

The Speaker Pro Tempore called Associate Speaker Pro Tempore Vander Veen to the Chair.

Messages from the Senate

The Speaker laid before the House

House Bill No. 4610, entitled

A bill to amend 1972 PA 239, entitled "McCauley-Traxler-Law-Bowman-McNeely lottery act," by amending the title and sections 3, 11, 12, 23, and 32 (MCL 432.3, 432.11, 432.12, 432.23, and 432.32), the title as amended by 1996 PA 95, sections 3, 11, and 23 as amended by 1996 PA 167, section 12 as amended by 2002 PA 471, and section 32 as amended by 1996 PA 13, and by adding a heading for article 1 and adding article 2.

(The bill was received from the Senate on April 29, with substitute (S-2) and title amendment, consideration of which, under the rules, was postponed until today, see House Journal No. 36, p. 816.)

The question being on concurring in the substitute (S-2) made to the bill by the Senate,

Rep. Bradstreet moved that consideration of the bill be postponed temporarily.

The question being on the motion made by Rep. Bradstreet,

Rep. Bradstreet demanded the yeas and nays.

The demand was supported.

The question being on the motion made by Rep. Bradstreet,

The motion did not prevail, a majority of members serving not voting therefor, by yeas and nays, as follows:

Roll Call No. 286 Yeas--31

Bradstreet Huizenga Nofs Stahl

Caul Hummel Palmer Steil

Drolet Johnson, Ruth Palsrok Tobocman

Ehardt Kooiman Pappageorge Van Regenmorter

Garfield LaSata Rivet Vander Veen

Hager Middaugh Rocca Voorhees

Hart Mortimer Shaffer Woodward

Hoogendyk Newell Sheen

Nays--73

Accavitti Farhat Law Shulman

Acciavatti Farrah Lipsey Smith

Adamini Gaffney McConico Spade

Amos Gieleghem Meisner Stakoe

Anderson Gillard Meyer Stallworth

Bieda Gleason Milosch Stewart

Bisbee Hardman Minore Tabor

Brandenburg Hood Moolenaar Taub

Brown Hopgood Nitz Vagnozzi

Byrum Howell O'Neil Walker

Casperson Hune Pastor Ward

Caswell Hunter Plakas Waters

Cheeks Jamnick Pumford Wenke

Condino Johnson, Rick Richardville Whitmer

Dennis Julian Robertson Williams

DeRoche Koetje Sak Wojno

DeRossett Kolb Shackleton Woronchak

Elkins LaJoy Sheltrown Zelenko

Emmons

In The Chair: Vander Veen

The question being on concurring in the substitute (S-2) made to the bill by the Senate,

The substitute (S-2) was not concurred in, a majority of the members serving not voting therefor, by yeas and nays, as follows:

Roll Call No. 287 Yeas--3

Hart Koetje Rocca

Nays--100

Accavitti Garfield Meisner Shulman

Acciavatti Gieleghem Meyer Smith

Adamini Gillard Middaugh Spade

Amos Gleason Milosch Stahl

Anderson Hager Minore Stakoe

Bieda Hardman Moolenaar Stallworth

Bisbee Hood Murphy Steil

Brandenburg Hoogendyk Newell Stewart

Brown Hopgood Nitz Tabor

Byrum Howell Nofs Taub

Casperson Huizenga O'Neil Tobocman

Caswell Hummel Palmer Vagnozzi

Caul Hune Palsrok Van Regenmorter

Cheeks Hunter Pappageorge Vander Veen

Condino Jamnick Pastor Voorhees

Dennis Johnson, Rick Plakas Walker

DeRoche Johnson, Ruth Pumford Ward

DeRossett Julian Richardville Waters

Drolet Kolb Rivet Wenke

Ehardt Kooiman Robertson Whitmer

Elkins LaJoy Sak Williams

Emmons LaSata Shackleton Wojno

Farhat Law Shaffer Woodward

Farrah Lipsey Sheen Woronchak

Gaffney McConico Sheltrown Zelenko

In The Chair: Vander Veen

The Speaker appointed as conferees, on the part of the House of Representatives, Reps. Julian, Meyer and Minore.

______

The Speaker Pro Tempore resumed the Chair.

Rep. Reeves entered the House Chambers.

Third Reading of Bills

House Bill No. 4612, entitled

A bill to amend the Initiated Law of 1996, entitled "Michigan gaming control and revenue act," by amending section 9b (MCL 432.209b), as added by 1997 PA 69.

(The bill was read a third time and postponed for the day on May 22, 2003, see House Journal No. 43 of 2003, p. 659.)

The question being on the passage of the bill,

Rep. Julian moved to substitute (H-4) the bill.

The motion was seconded and the substitute (H-4) was adopted, a majority of the members serving voting therefor.

The question being on the passage of the bill,

Rep. Richardville moved that consideration of the bill be postponed for the day.

The motion prevailed.

Announcement by the Clerk of Printing and Enrollment

The Clerk announced that the following bills had been printed and placed upon the files of the members on Wednesday, April 28:

Senate Bill Nos. 1167 1168 1169 1170 1171

The Clerk announced that the following bills had been printed and placed upon the files of the members on Friday, April 30:

House Bill Nos. 5830 5831 5832 5833 5834 5835 5836 5837 5838 5839 5840 5841 5842 5843 5844 5845

The Clerk announced the enrollment printing and presentation to the Governor on Tuesday, May 4, for her approval of the following bills:

Enrolled House Bill No. 4172 at 9:33 a.m.

Enrolled House Bill No. 5428 at 9:35 a.m.

Enrolled House Bill No. 5429 at 9:37 a.m.

Enrolled House Bill No. 5648 at 9:40 a.m.

By unanimous consent the House returned to the order of

Reports of Standing Committees

The Committee on Employment Relations, Training and Safety, by Rep. Drolet, Chair, reported

Senate Bill No. 647, entitled

A bill to amend 1974 PA 154, entitled "Michigan occupational safety and health act," by amending sections 6 and 29 (MCL 408.1006 and 408.1029) and by adding section 32.

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. Drolet, Middaugh, Pappageorge, Huizenga, LaJoy and Van Regenmorter

Nays: Reps. Minore, Dennis and Bieda

COMMITTEE ATTENDANCE REPORT

The following report, submitted by Rep. Drolet, Chair, of the Committee on Employment Relations, Training and Safety, was received and read:

Meeting held on: Thursday, April 29, 2004

Present: Reps. Drolet, Middaugh, Pappageorge, Huizenga, LaJoy, Van Regenmorter, Minore, Dennis and Bieda

The Committee on Regulatory Reform, by Rep. Rocca, Chair, reported

House Bill No. 5730, entitled

A bill to amend 1998 PA 58, entitled "Michigan liquor control code of 1998," by amending section 517 (MCL 436.1517).

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. Rocca, Gaffney, Bisbee, Julian, DeRoche, Palsrok, Sheen, Wojno, Meisner and Hopgood

Nays: None

The Committee on Regulatory Reform, by Rep. Rocca, Chair, reported

House Bill No. 5731, entitled

A bill to amend 1998 PA 58, entitled "Michigan liquor control code of 1998," (MCL 436.1101 to 436.2303) by adding section 517a.

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. Rocca, Gaffney, Bisbee, Julian, DeRoche, Palsrok, Sheen, Wojno, Meisner and Hopgood

Nays: None

The Committee on Regulatory Reform, by Rep. Rocca, Chair, reported

Senate Bill No. 559, entitled

A bill to amend 1998 PA 58, entitled "Michigan liquor control code of 1998," by amending section 513 (MCL 436.1513), as amended by 2002 PA 725.

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. Rocca, Gaffney, Julian, DeRoche, Palsrok, Sheen, Wojno, Meisner and Hopgood

Nays: None

The Committee on Regulatory Reform, by Rep. Rocca, Chair, reported

Senate Bill No. 839, entitled

A bill to authorize the state administrative board to convey certain state owned property in Berrien county; to prescribe conditions for the conveyance; to prescribe certain powers and duties of state departments and agencies regarding the conveyance; and to provide for disposition of the revenue from the conveyance.

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. Rocca, Gaffney, Julian, DeRoche, Palsrok, Sheen, Wojno, Meisner and Hopgood

Nays: None

COMMITTEE ATTENDANCE REPORT

The following report, submitted by Rep. Rocca, Chair, of the Committee on Regulatory Reform, was received and read:

Meeting held on: Tuesday, May 4, 2004

Present: Reps. Rocca, Gaffney, Bisbee, Julian, DeRoche, Palsrok, Sheen, Wojno, Meisner and Hopgood

Absent: Rep. Gieleghem

Excused: Rep. Gieleghem

The Committee on Agriculture and Resource Management, by Rep. Meyer, Chair, reported

House Concurrent Resolution No. 51.

A concurrent resolution to disapprove Executive Order No. 2004-3, setting forth changes in the organization of the executive branch.

(For text of concurrent resolution, see House Journal No. 32, p. 735.)

With the recommendation that the concurrent resolution be adopted.

The concurrent resolution was laid over one day under the rules.

Favorable Roll Call

To Report Out:

Yeas: Reps. Meyer, Nitz, DeRossett, Hager, Casperson, Hune and Stahl

Nays: Reps. Sheltrown, Spade and Law

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, May 4, 2004

Present: Reps. Meyer, Nitz, DeRossett, Hager, Casperson, Hune, Stahl, Sheltrown, Rivet, Spade and Law

The Committee on Health Policy, by Rep. Ehardt, Chair, reported

Senate Bill No. 979, entitled

A bill to amend 1990 PA 187, entitled "The pupil transportation act," by amending section 53 (MCL 257.1853), as amended by 2002 PA 647.

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. Ehardt, Vander Veen, Ruth Johnson, Rocca, Hart, Woronchak, Van Regenmorter, Robertson, Gaffney, Adamini, Wojno, O'Neil and Gillard

Nays: None

The Committee on Health Policy, by Rep. Ehardt, Chair, reported

Senate Bill No. 981, entitled

A bill to amend 1949 PA 300, entitled "Michigan vehicle code," by amending section 675 (MCL 257.675), as amended by 2002 PA 618.

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. Ehardt, Vander Veen, Ruth Johnson, Rocca, Hart, Woronchak, Van Regenmorter, Robertson, Gaffney, Adamini, Wojno, O'Neil and Gillard

Nays: None

The Committee on Health Policy, by Rep. Ehardt, Chair, reported

Senate Bill No. 982, entitled

A bill to amend 1966 PA 298, entitled "An act to establish and provide a board of civil service commissioners for sheriffs' departments in certain counties; to provide a civil service system based upon examination and investigation as to merit, efficiency and fitness for appointment, employment and promotion of all officers and men or women appointed in the departments; to regulate the transfer, reinstatement, suspension and discharge of said officers; to provide for referendums; and to prescribe penalties and provide remedies," by amending section 10 (MCL 51.360).

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. Ehardt, Vander Veen, Ruth Johnson, Rocca, Hart, Woronchak, Van Regenmorter, Robertson, Gaffney, Adamini, Wojno, O'Neil and Gillard

Nays: None

The Committee on Health Policy, by Rep. Ehardt, Chair, reported

Senate Bill No. 985, entitled

A bill to amend 1935 PA 78, entitled "An act to establish and provide a board of civil service commissioners in cities, villages, and municipalities having full-time paid members in the fire or police departments, or both; to provide a civil service system based upon examination and investigation as to merit, efficiency, and fitness for appointment, employment, and promotion of all full-time paid members appointed in the fire and police departments and respective cities, villages, and municipalities; to regulate the transfer, reinstatement, suspension, and discharge of officers, fire fighters, and police officers; to prescribe penalties and provide remedies; and to repeal acts and parts of acts," by amending section 10 (MCL 38.510), as amended by 1986 PA 155.

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. Ehardt, Vander Veen, Ruth Johnson, Rocca, Hart, Woronchak, Van Regenmorter, Robertson, Gaffney, Hune, Adamini, Wojno, O'Neil and Gillard

Nays: None

The Committee on Health Policy, by Rep. Ehardt, Chair, reported

Senate Bill No. 987, entitled

A bill to amend 1974 PA 369, entitled "An act to regulate the business of conducting a driver training school; to require licenses in relation thereto; to prescribe certain fees; to prescribe the powers and duties of certain persons and state departments; and to prescribe remedies and penalties," by amending section 5 (MCL 256.605), as amended by 2000 PA 285.

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. Ehardt, Vander Veen, Ruth Johnson, Rocca, Hart, Woronchak, Van Regenmorter, Robertson, Gaffney, Adamini, Wojno, O'Neil and Gillard

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, May 4, 2004

Present: Reps. Ehardt, Vander Veen, Ruth Johnson, Rocca, Hart, Woronchak, Van Regenmorter, Robertson, Gaffney, Hune, Adamini, Wojno, O'Neil and Gillard

Absent: Reps. Ward, Hardman and Clack

Excused: Reps. Ward, Hardman and Clack

The Committee on Commerce, by Rep. Bisbee, Chair, reported

House Bill No. 5737, entitled

A bill to amend 1974 PA 198, entitled "An act to provide for the establishment of plant rehabilitation districts and industrial development districts in local governmental units; to provide for the exemption from certain taxes; to levy and collect a specific tax upon the owners of certain facilities; to impose and provide for the disposition of an administrative fee; to provide for the disposition of the tax; to provide for the obtaining and transferring of an exemption certificate and to prescribe the contents of those certificates; to prescribe the powers and duties of the state tax commission and certain officers of local governmental units; and to provide penalties," by amending section 9 (MCL 207.559), as amended by 1999 PA 140.

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. Bisbee, Howell, Koetje, Middaugh, Huizenga, Milosch, Palsrok, Rivet, O'Neil, McConico, Lipsey, Murphy, Tobocman and Accavitti

Nays: None

The Committee on Commerce, by Rep. Bisbee, Chair, reported

House Bill No. 5832, entitled

A bill to amend 1881 PA 187, entitled "An act in relation to the form of deeds and mortgages of real estate and to the form of the acknowledgments of the same," by amending section 4 (MCL 565.154).

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. Bisbee, DeRoche, Howell, Koetje, Middaugh, Drolet, Palmer, Huizenga, Milosch, Palsrok, Wenke, Rivet, O'Neil, Lipsey and Accavitti

Nays: None

The Committee on Commerce, by Rep. Bisbee, Chair, reported

House Bill No. 5833, entitled

A bill to amend 1941 PA 174, entitled "An act to authorize the establishment and the maintenance of common trust funds; to authorize investments or participations therein; to define the requirements and terms thereof and the conditions and terms governing investments or participations therein and the admission and withdrawal of such investments or participations; to prescribe and define the rights, powers and duties of banks, trust companies, fiduciaries, participants, beneficiaries and other persons with respect thereto; to provide for the regulation and supervision thereof; and to repeal acts and parts of acts inconsistent with the provisions of this act," by amending the title and sections 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, and 13 (MCL 555.101, 555.102, 555.103, 555.104, 555.105, 555.106, 555.107, 555.108, 555.109, 555.110, 555.111, 555.112, and 555.113), section 1 as amended by 1984 PA 101 and section 9 as amended by 1986 PA 23, and by adding sections 4a and 5a.

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. Bisbee, DeRoche, Howell, Koetje, Middaugh, Drolet, Palmer, Huizenga, Milosch, Palsrok, Wenke, Rivet, O'Neil, Lipsey, Murphy and Tobocman

Nays: None

The Committee on Commerce, by Rep. Bisbee, Chair, reported

House Resolution No. 233.

A resolution to urge the Governor to direct the Michigan Occupational Safety and Health Administration not to promulgate ergonomics standards for Michigan.

(For text of resolution, see House Journal No. 31, p. 704.)

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. Bisbee, DeRoche, Howell, Koetje, Middaugh, Drolet, Palmer, Huizenga, Milosch, Palsrok and Wenke

Nays: Reps. Lipsey, Murphy, Tobocman and Accavitti

COMMITTEE ATTENDANCE REPORT

The following report, submitted by Rep. Bisbee, Chair, of the Committee on Commerce, was received and read:

Meeting held on: Tuesday, May 4, 2004

Present: Reps. Bisbee, DeRoche, Howell, Koetje, Middaugh, Drolet, Palmer, Huizenga, Hune, Milosch, Palsrok, Wenke, Rivet, O'Neil, McConico, Lipsey, Murphy, Tobocman and Accavitti

COMMITTEE ATTENDANCE REPORT

The following report, submitted by Rep. Howell, Chair, of the Committee on Judiciary, was received and read:

Meeting held on: Tuesday, May 4, 2004

Present: Reps. Howell, LaSata, Van Regenmorter, Bradstreet, Koetje, Pappageorge, Voorhees, Gaffney, Garfield, Lipsey, Adamini, Bieda, Condino and Smith

Absent: Rep. Wenke

Excused: Rep. Wenke

Messages from the Senate

House Bill No. 5307, entitled

A bill to enact the uniform principal and income act; to prescribe the manner in which receipts and expenditures of trusts and estates are credited and charged between income and principal, and the manner in which income is apportioned among beneficiaries at the beginning and upon the termination of a trust or estate; to make uniform the law with respect to principal and income allocation; and to repeal acts and parts of acts.

The Senate has amended the bill as follows:

1. Amend page 9, line 15, after the first "the" by striking out "settlor" and inserting "decedent".

2. Amend page 14, line 16, after "before" by striking out "a settlor" and inserting "the decedent".

3. Amend page 14, line 21, after "the" by striking out "settler" and inserting "decedent".

4. Amend page 14, line 25, after "which" by striking out "a settlor" and inserting "the decedent".

5. Amend page 21, line 26, after "a" by striking out "cotrustee" and inserting "cofiduciary".

6. Amend page 32, line 1, after "gives" by striking out "rights" and inserting "rise".

7. Amend page 34, line 14, after "effect" by striking out "May 1" and inserting "September 1".

8. Amend page 34, following line 15, section 605, after the first "or" by striking out "descendant's" and inserting "decedent's".

The Senate has passed the bill as amended and ordered that it be given immediate effect.

The Speaker announced that pursuant to Rule 45, the bill was laid over one day.

Senate Bill No. 783, entitled

A bill 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," (MCL 750.1 to 750.568) by adding section 411t.

The Senate has amended the House substitute (H-1) as follows:

1. Amend page 2, following line 15, by striking out all of subsection (6) and renumbering the remaining subsections.

2. Amend page 2, line 21, after "is" by striking out "an elementary school,".

3. Amend page 4, following line 4, by striking out all of subsection (9) and renumbering the remaining subsection.

The Senate has concurred in the House substitute (H-1) as amended, ordered that the bill be given immediate effect and agreed to the full title.

The Speaker announced that pursuant to Rule 45, the bill was laid over one day.

By unanimous consent the House returned to the order of

Reports of Standing Committees

The Speaker laid before the House

House Resolution No. 200.

A resolution to urge the Federal Communications Commission to develop and enforce stronger measures to restrict indecency in radio and television broadcasting.

(For text of resolution, see House Journal No. 12, p. 185.)

(The resolution was reported by the Committee on Energy and Technology on April 21, with substitute (H-1), consideration of which, under the rules, was postponed until April 22.)

(For substitute, see House Journal No. 32, p. 727.)

The question being on the adoption of the proposed substitute (H-1) recommended by the Committee,

The substitute (H-1) was adopted, a majority of the members present voting therefor.

The question being on the adoption of the resolution,

The resolution was adopted.

The Speaker laid before the House

House Resolution No. 197.

A resolution to urge the Michigan Department of Environmental Quality and the Office of the Great Lakes to work with the EPA Great Lakes National Program Office to develop a pilot project to provide real-time monitoring of water quality for Lake St. Clair and the St. Clair River.

(For text of resolution, see House Journal No. 11, p. 159.)

(The resolution was reported by the Committee on Great Lakes and Tourism on April 29, with substitute (H-1), consideration of which, under the rules, was postponed until today.)

(For substitute, see House Journal No. 36, p. 814.)

The question being on the adoption of the proposed substitute (H-1) recommended by the Committee,

The substitute (H-1) was adopted, a majority of the members present voting therefor.

The question being on the adoption of the resolution,

The resolution was adopted.

Rep. Woronchak moved that Rep. Ehardt be excused temporarily from today's session.

The motion prevailed.

Reps. Clack and Phillips entered the House Chambers.

Messages from the Senate

The Speaker laid before the House

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.

(The bill was received from the Senate on April 29, 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. 36, p. 816.)

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. 288 Yeas--107

Accavitti Gieleghem Meyer Sheltrown

Acciavatti Gillard Middaugh Shulman

Adamini Gleason Milosch Smith

Amos Hager Minore Spade

Anderson Hardman Moolenaar Stahl

Bieda Hart Mortimer Stakoe

Bisbee Hood Murphy Stallworth

Bradstreet Hoogendyk Newell Steil

Brandenburg Hopgood Nitz Stewart

Brown Howell Nofs Tabor

Byrum Huizenga O'Neil Taub

Casperson Hummel Palmer Tobocman

Caswell Hune Palsrok Vagnozzi

Caul Hunter Pappageorge Van Regenmorter

Cheeks Jamnick Pastor Vander Veen

Clack Johnson, Rick Phillips Voorhees

Condino Johnson, Ruth Plakas Walker

Dennis Julian Pumford Ward

DeRoche Koetje Reeves Waters

DeRossett Kolb Richardville Wenke

Drolet Kooiman Rivet Whitmer

Elkins LaJoy Robertson Williams

Emmons LaSata Rocca Wojno

Farhat Law Sak Woodward

Farrah Lipsey Shackleton Woronchak

Gaffney McConico Shaffer Zelenko

Garfield Meisner Sheen

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.

Rep. Nitz moved that Rep. Koetje be excused temporarily from today's session.

The motion prevailed.

The Speaker laid before the House

House Bill No. 5182, entitled

A bill to amend 1961 PA 236, entitled "Revised judicature act of 1961," by amending sections 5714, 5735, and 5744 (MCL600.5714, 600.5735, and 600.5744), section 5714 as amended by 1990 PA 310 and section 5735 as amended by 2001 PA 162.

(The bill was received from the Senate on April 29, with an amendment, full title inserted and immediate effect given by the Senate, consideration of which, under the rules, was postponed until today, see House Journal No. 36, p. 816.)

The question being on concurring in the amendment made to the bill by the Senate,

The amendment was concurred in, a majority of the members serving voting therefor, by yeas and nays, as follows:

Roll Call No. 289 Yeas--93

Accavitti Farrah Middaugh Shaffer

Acciavatti Gaffney Milosch Sheen

Adamini Garfield Minore Sheltrown

Amos Gieleghem Moolenaar Shulman

Anderson Gillard Mortimer Spade

Bieda Hager Murphy Stahl

Bisbee Hart Newell Stakoe

Bradstreet Hoogendyk Nitz Steil

Brandenburg Howell Nofs Stewart

Brown Huizenga O'Neil Tabor

Byrum Hummel Palmer Taub

Casperson Hune Palsrok Vagnozzi

Caswell Jamnick Pappageorge Van Regenmorter

Caul Johnson, Rick Pastor Vander Veen

Cheeks Johnson, Ruth Phillips Voorhees

Clack Julian Plakas Walker

Condino Kooiman Pumford Ward

Dennis LaJoy Richardville Wenke

DeRoche LaSata Rivet Whitmer

DeRossett Law Robertson Wojno

Drolet Lipsey Rocca Woodward

Elkins McConico Sak Woronchak

Emmons Meyer Shackleton Zelenko

Farhat

Nays--11

Hardman Kolb Smith Waters

Hood Meisner Stallworth Williams

Hopgood Reeves Tobocman

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.

The Speaker laid before the House

House Bill No. 5197, entitled

A bill to amend 1846 RS 66, entitled "Of estates in dower, by the curtesy, and general provisions concerning real estate," by amending section 34 (MCL 554.134), as amended by 1990 PA 311.

(The bill was received from the Senate on April 29, with an amendment and immediate effect given by the Senate, consideration of which, under the rules, was postponed until today, see House Journal No. 36, p. 817.)

The question being on concurring in the amendment made to the bill by the Senate,

The amendment was concurred in, a majority of the members serving voting therefor, by yeas and nays, as follows:

Roll Call No. 290 Yeas--95

Accavitti Farrah Meyer Shaffer

Acciavatti Gaffney Middaugh Sheen

Adamini Garfield Milosch Sheltrown

Amos Gieleghem Minore Shulman

Anderson Gillard Moolenaar Spade

Bieda Gleason Mortimer Stahl

Bisbee Hager Murphy Stakoe

Bradstreet Hart Newell Steil

Brandenburg Hoogendyk Nitz Stewart

Brown Howell Nofs Tabor

Byrum Huizenga O'Neil Taub

Casperson Hummel Palmer Vagnozzi

Caswell Hune Palsrok Van Regenmorter

Caul Hunter Pappageorge Vander Veen

Clack Jamnick Pastor Voorhees

Condino Johnson, Rick Phillips Walker

Dennis Johnson, Ruth Plakas Ward

DeRoche Julian Pumford Wenke

DeRossett Kooiman Richardville Whitmer

Drolet LaJoy Rivet Wojno

Ehardt LaSata Robertson Woodward

Elkins Law Rocca Woronchak

Emmons Lipsey Sak Zelenko

Farhat McConico Shackleton

Nays--12

Cheeks Hopgood Reeves Tobocman

Hardman Kolb Smith Waters

Hood Meisner Stallworth Williams

In The Chair: Julian

The bill was referred to the Clerk for enrollment printing and presentation to the Governor.

The Speaker laid before the House

House Bill No. 5427, 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 12 (MCL 28.432), as amended by 2000 PA 381.

(The bill was received from the Senate on April 29, with amendments and immediate effect given by the Senate, consideration of which, under the rules, was postponed until today, see House Journal No. 36, p. 817.)

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. 291 Yeas--107

Accavitti Garfield Meyer Sheltrown

Acciavatti Gieleghem Middaugh Shulman

Adamini Gillard Milosch Smith

Amos Gleason Minore Spade

Anderson Hager Moolenaar Stahl

Bieda Hardman Mortimer Stakoe

Bisbee Hart Murphy Stallworth

Bradstreet Hood Newell Steil

Brandenburg Hoogendyk Nitz Stewart

Brown Hopgood Nofs Tabor

Byrum Howell O'Neil Taub

Casperson Huizenga Palmer Tobocman

Caswell Hummel Palsrok Vagnozzi

Caul Hune Pappageorge Van Regenmorter

Cheeks Hunter Pastor Vander Veen

Clack Jamnick Phillips Voorhees

Condino Johnson, Rick Plakas Walker

Dennis Johnson, Ruth Pumford Ward

DeRoche Julian 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 Meisner Sheen

Nays--0

In The Chair: Julian

The bill was referred to the Clerk for enrollment printing and presentation to the Governor.

The Speaker laid before the House

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 received from the Senate on April 29, 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. 36, p. 817.)

The question being on concurring in the substitute (S-1) made to the bill by the Senate,

Rep. Moolenaar moved to amend the Senate substitute (S-1) as follows:

1. Amend page 7, line 11, after "(11)" by striking out "Not" and inserting "For taxes levied after December 31, 2003, not".

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. 292 Yeas--107

Accavitti Garfield Meyer Sheltrown

Acciavatti Gieleghem Middaugh Shulman

Adamini Gillard Milosch Smith

Amos Gleason Minore Spade

Anderson Hager Moolenaar Stahl

Bieda Hardman Mortimer Stakoe

Bisbee Hart Murphy Stallworth

Bradstreet Hood Newell Steil

Brandenburg Hoogendyk Nitz Stewart

Brown Hopgood Nofs Tabor

Byrum Howell O'Neil Taub

Casperson Huizenga Palmer Tobocman

Caswell Hummel Palsrok Vagnozzi

Caul Hune Pappageorge Van Regenmorter

Cheeks Hunter Pastor Vander Veen

Clack Jamnick Phillips Voorhees

Condino Johnson, Rick Plakas Walker

Dennis Johnson, Ruth Pumford Ward

DeRoche Julian 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 Meisner Sheen

Nays--0

In The Chair: Julian

The House agreed to the full title of the bill.

Second Reading of Bills

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 second time.

Rep. Brown moved to amend the bill as follows:

1. Amend page 5, line 17, after "disc" by inserting "or any other".

The motion prevailed and the amendment was adopted, a majority of the members serving voting therefor.

Rep. Brown 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. 5550, entitled

Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:

Roll Call No. 293 Yeas--107

Accavitti Garfield Meyer Sheltrown

Acciavatti Gieleghem Middaugh Shulman

Adamini Gillard Milosch Smith

Amos Gleason Minore Spade

Anderson Hager Moolenaar Stahl

Bieda Hardman Mortimer Stakoe

Bisbee Hart Murphy Stallworth

Bradstreet Hood Newell Steil

Brandenburg Hoogendyk Nitz Stewart

Brown Hopgood Nofs Tabor

Byrum Howell O'Neil Taub

Casperson Huizenga Palmer Tobocman

Caswell Hummel Palsrok Vagnozzi

Caul Hune Pappageorge Van Regenmorter

Cheeks Hunter Pastor Vander Veen

Clack Jamnick Phillips Voorhees

Condino Johnson, Rick Plakas Walker

Dennis Johnson, Ruth Pumford Ward

DeRoche Julian 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 Meisner Sheen

Nays--0

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.

Second Reading of Bills

House Bill No. 4760, entitled

A bill to amend 1978 PA 368, entitled "Public health code," by amending section 2848 (MCL 333.2848), as amended by 2002 PA 562.

Was read a second time, and the question being on the adoption of the proposed substitute (H-2) previously recommended by the Committee on Health Policy,

The substitute (H-2) was adopted, a majority of the members serving voting therefor.

Rep. Hardman 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. 4760, entitled

A bill to amend 1978 PA 368, entitled "Public health code," by amending section 2848 (MCL 333.2848), as amended by 2002 PA 562.

Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:

Roll Call No. 294 Yeas--107

Accavitti Garfield Meyer Sheltrown

Acciavatti Gieleghem Middaugh Shulman

Adamini Gillard Milosch Smith

Amos Gleason Minore Spade

Anderson Hager Moolenaar Stahl

Bieda Hardman Mortimer Stakoe

Bisbee Hart Murphy Stallworth

Bradstreet Hood Newell Steil

Brandenburg Hoogendyk Nitz Stewart

Brown Hopgood Nofs Tabor

Byrum Howell O'Neil Taub

Casperson Huizenga Palmer Tobocman

Caswell Hummel Palsrok Vagnozzi

Caul Hune Pappageorge Van Regenmorter

Cheeks Hunter Pastor Vander Veen

Clack Jamnick Phillips Voorhees

Condino Johnson, Rick Plakas Walker

Dennis Johnson, Ruth Pumford Ward

DeRoche Julian 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 Meisner Sheen

Nays--0

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 1978 PA 368, entitled "Public health code," (MCL 333.1101 to 333.25211) by adding section 2834a. 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.

Reps. Waters, McConico, Stewart, Rocca, Phillips, Rick Johnson, Minore, Zelenko, Jamnick, Richardville, Spade, Lipsey, Murphy, Julian, Howell, Sheltrown, Adamini, Brown, Cheeks, Stallworth, Farrah, Bieda, Clack, Vagnozzi, Gleason, Sak, Stahl, Elkins and Gillard were named co-sponsors of the bill.

Second Reading of Bills

House Bill No. 5657, entitled

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. Huizenga 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. 5657, entitled

Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:

Roll Call No. 295 Yeas--107

Accavitti Garfield Meyer Sheltrown

Acciavatti Gieleghem Middaugh Shulman

Adamini Gillard Milosch Smith

Amos Gleason Minore Spade

Anderson Hager Moolenaar Stahl

Bieda Hardman Mortimer Stakoe

Bisbee Hart Murphy Stallworth

Bradstreet Hood Newell Steil

Brandenburg Hoogendyk Nitz Stewart

Brown Hopgood Nofs Tabor

Byrum Howell O'Neil Taub

Casperson Huizenga Palmer Tobocman

Caswell Hummel Palsrok Vagnozzi

Caul Hune Pappageorge Van Regenmorter

Cheeks Hunter Pastor Vander Veen

Clack Jamnick Phillips Voorhees

Condino Johnson, Rick Plakas Walker

Dennis Johnson, Ruth Pumford Ward

DeRoche Julian 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 Meisner Sheen

Nays--0

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.

Second Reading of Bills

House Bill No. 5598, entitled

A bill to amend 1936 (Ex Sess) PA 1, entitled "Michigan employment security act," by amending section 42 (MCL 421.42).

Was read a second time, and the question being on the adoption of the proposed substitute (H-1) previously recommended by the Committee on Employment Relations, Training and Safety,

The substitute (H-1) was adopted, a majority of the members serving voting therefor.

Rep. Caswell moved that the bill be placed on the order of Third Reading of Bills.

The motion prevailed.

Rep. 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. 5598, entitled

A bill to amend 1936 (Ex Sess) PA 1, entitled "Michigan employment security act," by amending section 42 (MCL 421.42).

Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:

Roll Call No. 296 Yeas--67

Acciavatti Garfield Milosch Sheen

Adamini Gillard Moolenaar Shulman

Amos Hager Mortimer Stahl

Bisbee Hart Newell Stakoe

Bradstreet Hoogendyk Nitz Steil

Brandenburg Howell Nofs Stewart

Casperson Huizenga O'Neil Tabor

Caswell Hummel Palmer Taub

Caul Hune Palsrok Tobocman

DeRoche Johnson, Rick Pappageorge Van Regenmorter

DeRossett Johnson, Ruth Pastor Vander Veen

Drolet Julian Pumford Voorhees

Ehardt Kooiman Richardville Walker

Elkins LaJoy Robertson Ward

Emmons LaSata Rocca Wenke

Farhat Meyer Shackleton Woronchak

Gaffney Middaugh Shaffer

Nays--40

Accavitti Gieleghem McConico Smith

Anderson Gleason Meisner Spade

Bieda Hardman Minore Stallworth

Brown Hood Murphy Vagnozzi

Byrum Hopgood Phillips Waters

Cheeks Hunter Plakas Whitmer

Clack Jamnick Reeves Williams

Condino Kolb Rivet Wojno

Dennis Law Sak Woodward

Farrah Lipsey Sheltrown Zelenko

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 1936 (Ex Sess) PA 1, entitled "Michigan employment security act," by amending section 43 (MCL 421.43), as amended by 2000 PA 490.

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.

Second Reading of Bills

House Bill No. 4450, entitled

A bill to amend 1949 PA 300, entitled "Michigan vehicle code," by amending section 803b (MCL 257.803b), as amended by 1996 PA 142.

Was read a second time, and the question being on the adoption of the proposed substitute (H-1) previously recommended by the Committee on Transportation,

The substitute (H-1) was adopted, a majority of the members serving voting therefor.

Rep. Hoogendyk 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.

______

Rep. Brown moved that Rep. Williams 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. 4450, entitled

A bill to amend 1949 PA 300, entitled "Michigan vehicle code," by amending section 803b (MCL 257.803b), as amended by 1996 PA 142.

Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:

Roll Call No. 297 Yeas--106

Accavitti Garfield Meyer Sheen

Acciavatti Gieleghem Middaugh Sheltrown

Adamini Gillard Milosch Shulman

Amos Gleason Minore Smith

Anderson Hager Moolenaar Spade

Bieda Hardman Mortimer Stahl

Bisbee Hart Murphy Stakoe

Bradstreet Hood Newell Stallworth

Brandenburg Hoogendyk Nitz Steil

Brown Hopgood Nofs Stewart

Byrum Howell O'Neil Tabor

Casperson Huizenga Palmer Taub

Caswell Hummel Palsrok Tobocman

Caul Hune Pappageorge Vagnozzi

Cheeks Hunter Pastor Van Regenmorter

Clack Jamnick Phillips Vander Veen

Condino Johnson, Rick Plakas Voorhees

Dennis Johnson, Ruth Pumford Walker

DeRoche Julian Reeves Ward

DeRossett Kolb Richardville Waters

Drolet Kooiman Rivet Wenke

Ehardt LaJoy Robertson Whitmer

Elkins LaSata Rocca Wojno

Emmons Law Sak Woodward

Farhat Lipsey Shackleton Woronchak

Farrah McConico Shaffer Zelenko

Gaffney Meisner

Nays--0

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 1949 PA 300, entitled "Michigan vehicle code," by amending section 803b (MCL 257.803b), as amended by 2003 PA 152.

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.

Second Reading of Bills

House Bill No. 5273, entitled

A bill to amend 1963 PA 181, entitled "Motor carrier safety act of 1963," by amending section 7c (MCL 480.17c), as amended by 2002 PA 118.

Was read a second time, and the question being on the adoption of the proposed substitute (H-1) previously recommended by the Committee on Transportation,

The substitute (H-1) was adopted, a majority of the members serving voting therefor.

Rep. Casperson moved to amend the bill as follows:

1. Amend page 2, line 1, after "a" by inserting "state".

The motion prevailed and the amendment was adopted, a majority of the members serving voting therefor.

Rep. Casperson 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. 5273, entitled

A bill to amend 1963 PA 181, entitled "Motor carrier safety act of 1963," by amending section 7c (MCL 480.17c), as amended by 2002 PA 118.

Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:

Roll Call No. 298 Yeas--106

Accavitti Garfield Meyer Sheen

Acciavatti Gieleghem Middaugh Sheltrown

Adamini Gillard Milosch Shulman

Amos Gleason Minore Smith

Anderson Hager Moolenaar Spade

Bieda Hardman Mortimer Stahl

Bisbee Hart Murphy Stakoe

Bradstreet Hood Newell Stallworth

Brandenburg Hoogendyk Nitz Steil

Brown Hopgood Nofs Stewart

Byrum Howell O'Neil Tabor

Casperson Huizenga Palmer Taub

Caswell Hummel Palsrok Tobocman

Caul Hune Pappageorge Vagnozzi

Cheeks Hunter Pastor Van Regenmorter

Clack Jamnick Phillips Vander Veen

Condino Johnson, Rick Plakas Voorhees

Dennis Johnson, Ruth Pumford Walker

DeRoche Julian Reeves Ward

DeRossett Kolb Richardville Waters

Drolet Kooiman Rivet Wenke

Ehardt LaJoy Robertson Whitmer

Elkins LaSata Rocca Wojno

Emmons Law Sak Woodward

Farhat Lipsey Shackleton Woronchak

Farrah McConico Shaffer Zelenko

Gaffney Meisner

Nays--0

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.

Second Reading of Bills

House Bill No. 5313, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending sections 2102 and 52706 (MCL 324.2102 and 324.52706), section 2102 as added by 1995 PA 60 and section 52706 as amended by 2002 PA 356, and by adding section 2154a.

Was read a second time, and the question being on the adoption of the proposed amendment previously recommended by the Committee on Conservation and Outdoor Recreation (for amendment, see House Journal No. 32, p. 728),

The amendment was adopted, a majority of the members serving voting therefor.

Rep. Pumford 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.

Reps. Caul and Whitmer moved to amend the bill as follows:

1. Amend page 1, following "THE PEOPLE OF THE STATE OF MICHIGAN ENACT:" by inserting:

"Sec. 2150a. (1) The payment in lieu of taxes fund is created in the state treasury. The fund shall be administered by the department and shall be used only as provided in section 2150.

(2) Any money, including interest earned by the fund, remaining in the fund at the end of a fiscal year shall be carried over in the fund to the next and succeeding fiscal years and shall not be credited to or revert to the general fund.".

2. Amend page 2, line 24, after "and" by striking out the balance of the sentence and inserting "the remaining 50% of the proceeds shall be submitted to the department of treasury for deposit as follows:

(i) To the fire protection fund created in section 732a of the Michigan vehicle code, 1949 PA 300, MCL 257.732a, until the fire protection fund is fully funded as provided by law.

(ii) If the fire protection fund created in section 732a of the Michigan vehicle code, 1949 PA 300, MCL 257.732a, is fully funded as provided by law, to the land exchange facilitation fund created in section 2134, until the land exchange facilitation fund is fully funded as provided by law.

(iii) If both the fire protection fund created in section 732a of the Michigan vehicle code, 1949 PA 300, MCL 257.732a, and the land exchange facilitation fund created in section 2134 are fully funded as provided by law, all of the remaining balance to the payment in lieu of taxes fund created in section 2150a.".

3. Amend page 4, line 15, after "within" by striking out the balance of the subparagraph and inserting "a boundary of a program administered by the department.".

The motion prevailed and the amendments were adopted, a majority of the members serving voting therefor.

Rep. Pumford 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. 5313, entitled

Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:

Roll Call No. 299 Yeas--101

Accavitti Gieleghem Middaugh Sheltrown

Acciavatti Gillard Milosch Shulman

Adamini Gleason Moolenaar Smith

Amos Hager Mortimer Spade

Bieda Hardman Murphy Stahl

Bisbee Hart Newell Stakoe

Bradstreet Hood Nitz Stallworth

Brandenburg Hoogendyk Nofs Steil

Brown Hopgood O'Neil Stewart

Byrum Howell Palmer Tabor

Casperson Huizenga Palsrok Taub

Caswell Hummel Pappageorge Tobocman

Caul Hune Pastor Vagnozzi

Cheeks Hunter Phillips Van Regenmorter

Clack Jamnick Plakas Vander Veen

Dennis Johnson, Rick Pumford Voorhees

DeRoche Julian Reeves Walker

DeRossett Kolb Richardville Ward

Drolet Kooiman Rivet Waters

Ehardt LaJoy Robertson Wenke

Elkins Law Rocca Whitmer

Emmons Lipsey Sak Wojno

Farhat McConico Shackleton Woodward

Farrah Meisner Shaffer Woronchak

Gaffney Meyer Sheen Zelenko

Garfield

Nays--5

Anderson Johnson, Ruth LaSata Minore

Condino

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 1994 PA 451, entitled "Natural resources and environmental protection act," by amending section 52706 (MCL 324.52706), as amended by 2002 PA 356, and by adding section 2150a.

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.

Reps. Hardman, Plakas, Stewart, Pappageorge, Rick Johnson, Kolb, DeRossett, Richardville, Bisbee, Kooiman, Ehardt, Julian, Hummel, Newell, Dennis, Caul, Bradstreet, Palmer, Gaffney, Cheeks, Farrah, Brandenburg, Wojno, Gleason, Caswell, Shaffer, Nofs, Sak, Stahl, Huizenga and Whitmer were named co-sponsors of the bill.

______

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. Richardville, Vander Veen, Taub, Kooiman, LaJoy, Voorhees, Pappageorge, Shaffer, Gleason, Ehardt, Accavitti, Adamini, Anderson, Bieda, Brown, Byrum, Clack, Condino, DeRossett, Elkins, Farhat, Farrah, Garfield, Gieleghem, Gillard, Hager, Hardman, Huizenga, Koetje, Kolb, Lipsey, Meyer, Milosch, Minore, Murphy, Palsrok, Rivet, Rocca, Sak, Shulman, Spade, Stakoe, Stallworth, Steil, Stewart, Tabor, Tobocman and Zelenko offered the following resolution:

House Resolution No. 242.

A resolution to urge the Department of Community Health to work through organizations that provide assistance to senior citizens, such as the Area Agencies on Aging, to provide information on long-term health care options, including community-based services.

Whereas, The Michigan Legislature recognizes that public policy changes are needed that will make the best use of limited public resources and offer Medicaid long-term care consumers a choice of quality care options; and

Whereas, Most long-term care consumers do not know about their long-term care options. A recent study shows that 90 percent of family members with a loved one in a Michigan nursing home do not know that there are community-based care alternatives that may be available to them. All persons seeking long-term care assistance must be educated about the range of options where their care can be provided; and

Whereas, Medicaid long-term care consumers receive payment for care based on their care setting or program, and not on their level of need. The Medicaid payment system for nursing home and community-based care compels providers to enroll low-need, low-cost individuals to offset the greater cost of caring for individuals with the most complex needs. Organizations serving high-need individuals should receive higher levels of reimbursement, and less reimbursement should be paid for lower-need individuals. A mandatory screening can determine acuity levels, and reimbursement can be based on the needed level of care; and

Whereas, Because the MI Choice Medicaid Waiver program will only admit a limited number of participants in 2004, consumers may be unable to choose their preferred care setting option. Medicaid funds should be following the person to the setting of their choice. State policies must be designed to offer consumers a comprehensive range of long-term care service and settings, such that consumers are able to receive care in the least restrictive and most cost-effective setting appropriate to meet their care needs; and

Whereas, Medicaid is a 37-year-old federally created program that has not evolved to accommodate innovations in the provision of long-term care services. In 1992, Michigan created the MI Choice program as a way to expand provision of long-term care services into community-based settings. However, Michigan has not been able to expand the role of community-based care to meet increased demand from consumers for options outside of traditional Medicaid-financed settings. The federal government is now calling on states to allow consumers to choose community-based care alternatives, and to rebalance their Medicaid long-term care spending to match consumer preference. Michigan will need to adjust its policies to accommodate the federal changes; and

Whereas, The involvement of stakeholders in shaping the direction of Michigan's long-term care reforms is critical. Efforts to support the provision of care in the least restrictive setting require redirected funding, public education, support for nursing home transitions, and formation of a Long-Term Care Task Force. These activities serve as a solid foundation upon which to build long-term care reforms; now, therefore, be it

Resolved by the House of Representatives, That we urge the Michigan Department of Community Health to work through organization that provide assistance to senior citizens, such as the Area Agencies on Aging, to provide information on consumer long-term care options, through Medicaid programs, other federal/state funded programs and services, and private pay arrangements; and be it further

Resolved, That we urge the Department of Community Health to develop and require the use of an acuity screen for all persons seeking Medicaid long-term care to assess their medical eligibility and determine their level of need. We call on the department to make the acuity screen available to everyone seeking long-term care, regardless of payment source; and be it further

Resolved, That we call on the Michigan Department of Community Health to move with all deliberate speed to implement the policy reforms outlined, including consumer education, need-based payments, consumer choice, money following the person, and a rebalancing of long-term care spending that reflects a shift in demand from nursing home to community-based care; and be it further

Resolved, That it is the intent of the Michigan Legislature to make home- and community-based services a priority in all budget deliberations, honoring the principles of consumer choice and money following the person; and be it further

Resolved, That copies of this resolution be transmitted to the Michigan Department of Community Health.

The resolution was referred to the Committee on Senior Health, Security and Retirement.

Reps. Hopgood, Accavitti, Adamini, Anderson, Bieda, Brown, Byrum, Cheeks, Clack, Condino, Dennis, DeRossett, Ehardt, Elkins, Farrah, Garfield, Gieleghem, Gillard, Gleason, Hager, Hardman, Hood, Huizenga, Jamnick, Kolb, Kooiman, LaJoy, LaSata, Law, Lipsey, Milosch, Minore, Murphy, O'Neil, Palsrok, Pappageorge, Plakas, Richardville, Rivet, Rocca, Sak, Shaffer, Sheltrown, Shulman, Spade, Stallworth, Stewart, Tabor, Taub, Tobocman, Vander Veen, Voorhees, Waters, Wojno, Woodward and Zelenko offered the following resolution:

House Resolution No. 243.

A resolution declaring May 2004 as Asian Pacific American Heritage Month in the state of Michigan.

Whereas, The state of Michigan is fortunate to have nearly 180,000 citizens of Asian and Pacific Island descent among its population. They have made, and continue to make, significant contributions to our society. Individuals of Asian and Pacific Island origin have migrated to Michigan from over 30 nations and are excelling in the fields of education, business, the arts, and other various professions; and

Whereas, The dedication and commitment of our Great Lakes state's Asian Pacific American citizens is best reflected in the establishment of many Asian Pacific American organizations such as the Asian Pacific American Chamber of Commerce, the Council of Asian Pacific Americans, Asian American Citizens for Justice, the Asian Pacific American Women's Association, the Mid-Michigan Asian Pacific American Association, and the Asian American Bar Association; and

Whereas, Asian Pacific American citizens, through advocating issues of justice and equity, continue to break down the barriers of discrimination, indifference, and intolerance, thereby making it possible for all Asian Pacific Americans to move to the forefront of social, cultural, political, and economic arenas; and

Whereas, The state of Michigan is proud of its cultural diversity and welcomes the opportunity to honor our Asian Pacific American citizens for their commitment to leadership, dedication to knowledge, and determination to succeed; now, therefore, be it

Resolved by the House of Representatives, That the members of this legislative body declare May 2004 as Asian Pacific American Heritage Month in the state of Michigan. We urge all citizens to recognize the many accomplishments and contributions that Asian Pacific Americans have made to our state, nation, and world.

Pending the reference of the resolution to a committee,

Rep. Richardville moved that Rule 77 be suspended and the resolution be considered at this time.

The motion prevailed, 3/5 of the members present voting therefor.

The question being on the adoption of the resolution,

The resolution was adopted.

Reps. Richardville, Vander Veen, Taub, Kooiman, LaJoy, Voorhees, Pappageorge, Shaffer, Gleason, Ehardt, Accavitti, Adamini, Anderson, Bieda, Brown, Byrum, Clack, Condino, DeRossett, Elkins, Farhat, Farrah, Garfield, Gieleghem, Gillard, Hager, Hardman, Huizenga, Koetje, Kolb, Lipsey, Meyer, Milosch, Murphy, Palsrok, Rivet, Rocca, Sak, Shulman, Spade, Stallworth, Steil, Stewart, Tabor, Tobocman and Zelenko offered the following concurrent resolution:

House Concurrent Resolution No. 56.

A concurrent resolution to urge the Department of Community Health to work through organizations that provide assistance to senior citizens, such as the Area Agencies on Aging, to provide information on long-term health care options, including community-based services.

Resolved by the House of Representatives (the Senate concurring), That we urge the Michigan Department of Community Health to work through organization that provide assistance to senior citizens, such as the Area Agencies on Aging, to provide information on consumer long-term care options, through Medicaid programs, other federal/state funded programs and services, and private pay arrangements; and be it further

Resolved, That copies of this resolution be transmitted to the Michigan Department of Community Health.

The concurrent resolution was referred to the Committee on Senior Health, Security and Retirement.

Communications from State Officers

The following communications from the Department of Community Health were received and read:

April 21, 2004

In accordance with Public Act 336 of 1994 (Section 333.2723), the Michigan Department of Community Health is submitting the Essential Health Provider (MEHP) Recruitment Strategy Report. The biennial report details the progress in the past two years. It also includes accomplishments since the program's inception in 1991.

If you have any questions, please feel free to contact my office at 335-0267.

April 21, 2004

The Department of Community Health provides the citizens of Michigan with a broad spectrum of diverse and essential services. Pursuant to Public Act 223 of 1976, we have the honor of presenting a detailed report of the activities of the Crime Victim Services Commission for Fiscal Years 2002 and 2003.

It is appropriate and significant that these services are all paid for with state and federal crime victim funds. These funds are derived entirely from fines and assessments paid by convicted criminals in state and federal courts.

Sincerely,

Janet Olszewski

Director

The communications were referred to the Clerk.

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

April 29, 2004

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

Performance Audit of the Office of Highway Safety Planning,

Department of State Police

April 2004

April 29, 2004

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

Performance Audit of the Upper Peninsula State Fair,

Department of Agriculture

April 2004

Sincerely,

Thomas H. McTavish, C.P.A.

Auditor General

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

Introduction of Bills

Rep. Stakoe introduced

House Bill No. 5846, entitled

A bill to amend 1927 PA 175, entitled "The code of criminal procedure," by amending section 28 of chapter V (MCL 765.28), as amended by 2002 PA 659.

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

Reps. Vander Veen, Milosch, Kooiman, Rocca, Shaffer, Huizenga, Ruth Johnson, Middaugh, Nofs, Vagnozzi, Dennis, Sak, Jamnick, Kolb, Smith, Tobocman, Palmer and Moolenaar introduced

House Bill No. 5847, entitled

A bill to amend 1976 PA 451, entitled "The revised school code," (MCL 380.1 to 380.1852) by adding section 1279g.

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

Reps. Vander Veen, Voorhees, Garfield, Newell, Pappageorge, Ehardt, Amos, Hummel and Ward introduced

House Bill No. 5848, entitled

A bill to amend 1978 PA 368, entitled "Public health code," by amending section 16277 (MCL 333.16277), as added by 2001 PA 172.

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

Reps. Vander Veen, Milosch, Rocca, Shaffer, Kooiman, Robertson, Huizenga, Ruth Johnson, Middaugh, Garfield, Newell, Amos, Jamnick and Caul introduced

House Bill No. 5849, entitled

A bill to amend 1949 PA 300, entitled "Michigan vehicle code," by amending section 811e (MCL 257.811e), as amended by 2001 PA 124, and by adding section 811m.

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

Reps. Ruth Johnson, Stakoe, Voorhees, Robertson, Wenke, Pappageorge, Rocca, Nofs, Woodward, Garfield, Milosch and Brandenburg introduced

House Bill No. 5850, entitled

A bill to amend 1976 PA 451, entitled "The revised school code," by amending section 1804 (MCL 380.1804) and by adding sections 1814, 1815, and 1816.

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

Reps. Ruth Johnson, Stakoe, Voorhees, Robertson, Wenke, Pappageorge, Rocca, Nofs, Woodward, Garfield, Milosch, Taub and Brandenburg introduced

House Bill No. 5851, entitled

A bill to amend 1927 PA 175, entitled "The code of criminal procedure," by amending section 13p of chapter XVII (MCL 777.13p), as amended by 2002 PA 475.

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

Reps. Ruth Johnson, Stakoe, Voorhees, Robertson, Wenke, Pappageorge, Rocca, Nofs, Woodward, Garfield, Milosch, Taub and Brandenburg introduced

House Bill No. 5852, entitled

A bill to amend 1976 PA 442, entitled "Freedom of information act," (MCL 15.231 to 15.246) by adding section 10a.

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

Rep. Cheeks moved that the House adjourn.

The motion prevailed, the time being 3:55 p.m.

The Speaker Pro Tempore declared the House adjourned until Wednesday, May 5, at 1:00 p.m.

GARY L. RANDALL

Clerk of the House of Representatives