No. 85
STATE OF MICHIGAN
JOURNAL
OF THE
House of Representatives
92nd Legislature
REGULAR SESSION OF 2003
House Chamber, Lansing, Thursday, November 6, 2003.
10:00 a.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 Meyer--present Sheen--present
Acciavatti--present Gieleghem--present Middaugh--present Sheltrown--present
Adamini--present Gillard--present Milosch--present Shulman--present
Amos--present Gleason--present Minore--present Smith--present
Anderson--present Hager--present Moolenaar--present Spade--present
Bieda--present Hardman--excused Mortimer--present Stahl--present
Bisbee--present Hart--present Murphy--present Stakoe--present
Bradstreet--present Hood--present Newell--present Stallworth--present
Brandenburg--present Hoogendyk--present Nitz--present Steil--present
Brown--present Hopgood--present Nofs--present Stewart--present
Byrum--present Howell--present O'Neil--present Tabor--present
Casperson--present Huizenga--present Paletko--present Taub--present
Caswell--present Hummel--present Palmer--present Tobocman--present
Caul--present Hune--present Palsrok--present Vagnozzi--present
Cheeks--excused 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--excused 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--excused
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 Meisner--present
e/d/s = entered during session
Rep. Alma G. Stallworth, from the 8th District, offered the following invocation:
"Let the words of my mouth and the meditation of my heart be acceptable in Thy sight. O Lord, my strength and my redeemer, we pray that You will continue to direct our paths, protect and guide our judgments, and strengthen our will to better serve all the people of the state of Michigan. Amen."
______
Rep. Waters moved that Reps. Cheeks, Daniels and Hardman be excused from today's session.
The motion prevailed.
Second Reading of Bills
House Bill No. 5188, entitled
A bill to amend 1939 PA 3, entitled "An act to provide for the regulation and control of public utilities and other services affected with a public interest within this state; to provide for alternative energy suppliers; to provide for licensing; to include municipally owned utilities and other providers of energy under certain provisions of this act; to create a public service commission and to prescribe and define its powers and duties; to abolish the Michigan public utilities commission and to confer the powers and duties vested by law on the public service commission; to provide for the continuance, transfer, and completion of certain matters and proceedings; to abolish automatic adjustment clauses; to prohibit certain rate increases without notice and hearing; to qualify residential energy conservation programs permitted under state law for certain federal exemption; to create a fund; to provide for a restructuring of the manner in which energy is provided in this state; to encourage the utilization of resource recovery facilities; to prohibit certain acts and practices of providers of energy; to allow for the securitization of stranded costs; to reduce rates; to provide for appeals; to provide appropriations; to declare the effect and purpose of this act; to prescribe remedies and penalties; and to repeal acts and parts of acts," by amending section 10a (MCL 460.10a), as added by 2000 PA 141.
Was read a second time, and the question being on the adoption of the proposed substitute (H-2) previously recommended by the Committee on Energy and Technology,
The substitute (H-2) was adopted, a majority of the members serving voting therefor.
Rep. Bradstreet moved to amend the bill as follows:
1. Amend page 3, line 15, after "order." by inserting "The enactment of this subsection shall not be deemed to prejudice, delay, or affect any pending legal case or proceeding.".
The motion did not prevail and the amendment was not adopted, a majority of the members serving not voting therefor.
Rep. Bradstreet moved to amend the bill as follows:
1. Amend page 3, line 15, after "order." by inserting "The enactment of this subsection shall not be deemed to prejudice, delay, or affect any pending legal case or legal proceeding.".
The motion prevailed and the amendment was adopted, a majority of the members serving voting therefor.
Rep. Palsrok 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. 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. 5188, entitled
A bill to amend 1939 PA 3, entitled "An act to provide for the regulation and control of public utilities and other services affected with a public interest within this state; to provide for alternative energy suppliers; to provide for licensing; to include municipally owned utilities and other providers of energy under certain provisions of this act; to create a public service commission and to prescribe and define its powers and duties; to abolish the Michigan public utilities commission and to confer the powers and duties vested by law on the public service commission; to provide for the continuance, transfer, and completion of certain matters and proceedings; to abolish automatic adjustment clauses; to prohibit certain rate increases without notice and hearing; to qualify residential energy conservation programs permitted under state law for certain federal exemption; to create a fund; to provide for a restructuring of the manner in which energy is provided in this state; to encourage the utilization of resource recovery facilities; to prohibit certain acts and practices of providers of energy; to allow for the securitization of stranded costs; to reduce rates; to provide for appeals; to provide appropriations; to declare the effect and purpose of this act; to prescribe remedies and penalties; and to repeal acts and parts of acts," by amending section 10a (MCL 460.10a), as added by 2000 PA 141.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 610 Yeas--104
Accavitti Garfield Meyer Sheen
Acciavatti Gieleghem Middaugh Sheltrown
Adamini Gillard Milosch Shulman
Amos Hager Minore Smith
Anderson Hart Moolenaar Spade
Bieda Hood Mortimer Stahl
Bisbee Hoogendyk Murphy Stakoe
Bradstreet Hopgood Newell Stallworth
Brandenburg Howell Nitz Steil
Brown Huizenga Nofs Stewart
Byrum Hummel O'Neil Tabor
Casperson Hune Paletko Taub
Caswell Hunter Palmer Tobocman
Caul Jamnick Palsrok Vagnozzi
Clack Johnson, Rick Pappageorge Van Regenmorter
Condino Johnson, Ruth Pastor Vander Veen
Dennis Julian Phillips Voorhees
DeRoche Koetje Plakas Walker
DeRossett Kolb Pumford Ward
Drolet Kooiman Reeves Waters
Ehardt LaJoy Richardville Wenke
Elkins LaSata Robertson Williams
Emmons Law Rocca Wojno
Farhat Lipsey Sak Woodward
Farrah McConico Shackleton Woronchak
Gaffney Meisner Shaffer Zelenko
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
Senate Bill No. 516, entitled
A bill to amend 1939 PA 288, entitled "Probate code of 1939," by amending section 22a of chapter X (MCL 710.22a), as added by 1994 PA 430.
The bill was read a second time.
Rep. Richardville moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
House Bill No. 5199, entitled
A bill to amend 1927 PA 175, entitled "The code of criminal procedure," by amending sections 9 and 9a of chapter X (MCL 770.9 and 770.9a), section 9a as amended by 2002 PA 483, and by adding section 9b to chapter X.
Was read a second time, and the question being on the adoption of the proposed substitute (H-2) previously recommended by the Committee on Criminal Justice,
The substitute (H-2) was adopted, a majority of the members serving voting therefor.
Rep. Drolet 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. 5199, entitled
A bill to amend 1927 PA 175, entitled "The code of criminal procedure," by amending sections 9 and 9a of chapter X (MCL 770.9 and 770.9a), section 9a as amended by 2002 PA 483, and by adding section 9b to chapter X.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 611 Yeas--105
Accavitti Gieleghem Middaugh Sheen
Acciavatti Gillard Milosch Sheltrown
Adamini Gleason Minore Shulman
Amos Hager Moolenaar Smith
Anderson Hart Mortimer Spade
Bieda Hood Murphy Stahl
Bisbee Hoogendyk Newell Stakoe
Bradstreet Hopgood Nitz Stallworth
Brandenburg Howell Nofs Steil
Brown Huizenga O'Neil Stewart
Byrum Hummel Paletko Tabor
Casperson Hune Palmer Taub
Caswell Hunter Palsrok Tobocman
Caul Jamnick Pappageorge Vagnozzi
Clack Johnson, Rick Pastor Van Regenmorter
Condino Johnson, Ruth Phillips Vander Veen
Dennis Julian Plakas Voorhees
DeRoche Koetje Pumford Walker
DeRossett Kolb Reeves Ward
Drolet Kooiman Richardville Waters
Ehardt LaJoy Rivet Wenke
Elkins LaSata Robertson Williams
Emmons Law Rocca Wojno
Farhat Lipsey Sak Woodward
Farrah Meisner Shackleton Woronchak
Gaffney Meyer Shaffer Zelenko
Garfield
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. 4587, entitled
A bill to amend 1975 PA 238, entitled "Child protection law," by amending section 7d (MCL 722.627d), as added by 1998 PA 428.
The bill was read a second time.
Rep. Clack 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. Sak moved that Rep. O'Neil 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. 4587, entitled
A bill to amend 1975 PA 238, entitled "Child protection law," by amending section 7d (MCL 722.627d), as added by 1998 PA 428.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 612 Yeas--105
Accavitti Gieleghem Meyer Sheen
Acciavatti Gillard Middaugh Sheltrown
Adamini Gleason Milosch Shulman
Amos Hager Minore Smith
Anderson Hart Moolenaar Spade
Bieda Hood Mortimer Stahl
Bisbee Hoogendyk Murphy Stakoe
Bradstreet Hopgood Newell Stallworth
Brandenburg Howell Nitz Steil
Brown Huizenga Nofs Stewart
Byrum Hummel Paletko Tabor
Casperson Hune Palmer Taub
Caswell Hunter Palsrok Tobocman
Caul Jamnick Pappageorge Vagnozzi
Clack Johnson, Rick Pastor Van Regenmorter
Condino Johnson, Ruth Phillips Vander Veen
Dennis Julian Plakas Voorhees
DeRoche Koetje Pumford Walker
DeRossett Kolb Reeves Ward
Drolet Kooiman Richardville Waters
Ehardt LaJoy Rivet Wenke
Elkins LaSata Robertson Williams
Emmons Law Rocca Wojno
Farhat Lipsey Sak Woodward
Farrah McConico Shackleton Woronchak
Gaffney Meisner Shaffer Zelenko
Garfield
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. 5107, entitled
A bill to amend 1951 PA 51, entitled "An act to provide for the classification of all public roads, streets, and highways in this state, and for the revision of that classification and for additions to and deletions from each classification; to set up and establish the Michigan transportation fund; to provide for the deposits in the Michigan transportation fund of specific taxes on motor vehicles and motor vehicle fuels; to provide for the allocation of funds from the Michigan transportation fund and the use and administration of the fund for transportation purposes; to set up and establish the truck safety fund; to provide for the allocation of funds from the truck safety fund and administration of the fund for truck safety purposes; to set up and establish the Michigan truck safety commission; to establish certain standards for road contracts for certain businesses; to provide for the continuing review of transportation needs within the state; to authorize the state transportation commission, counties, cities, and villages to borrow money, issue bonds, and make pledges of funds for transportation purposes; to authorize counties to advance funds for the payment of deficiencies necessary for the payment of bonds issued under this act; to provide for the limitations, payment, retirement, and security of the bonds and pledges; to provide for appropriations and tax levies by counties and townships for county roads; to authorize contributions by townships for county roads; to provide for the establishment and administration of the state trunk line fund, critical bridge fund, comprehensive transportation fund, and certain other funds; to provide for the deposits in the state trunk line fund, critical bridge fund, comprehensive transportation fund, and certain other funds of money raised by specific taxes and fees; to provide for definitions of public transportation functions and criteria; to define the purposes for which Michigan transportation funds may be allocated; to provide for Michigan transportation fund grants; to provide for review and approval of transportation programs; to provide for submission of annual legislative requests and reports; to provide for the establishment and functions of certain advisory entities; to provide for conditions for grants; to provide for the issuance of bonds and notes for transportation purposes; to provide for the powers and duties of certain state and local agencies and officials; to provide for the making of loans for transportation purposes by the state transportation department and for the receipt and repayment by local units and agencies of those loans from certain specified sources; and to repeal acts and parts of acts," by amending section 1c (MCL 247.651c), as amended by 1982 PA 438.
The bill was read a second time.
Rep. Minore moved to amend the bill as follows:
1. Amend page 4, line 27, after "highways." by inserting "The state transportation department shall use context-sensitive design in undertaking new construction, improvement, or preservation of bridges over a body of water, including bridges under the critical bridges program created in section 11b and state trunk line bridges.".
2. Amend page 5, line 6, after "mobility." by inserting "When applied to construction, improvement, or preservation of bridges over a body of water, context-sensitive design shall include directing runoff from the bridge away from any body of water under the bridge so that the runoff will not be deposited in the body of water.".
The motion prevailed and the amendments were adopted, a majority of the members serving voting therefor.
Rep. Ruth Johnson 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. 5107, entitled
A bill to amend 1951 PA 51, entitled "An act to provide for the classification of all public roads, streets, and highways in this state, and for the revision of that classification and for additions to and deletions from each classification; to set up and establish the Michigan transportation fund; to provide for the deposits in the Michigan transportation fund of specific taxes on motor vehicles and motor vehicle fuels; to provide for the allocation of funds from the Michigan transportation fund and the use and administration of the fund for transportation purposes; to set up and establish the truck safety fund; to provide for the allocation of funds from the truck safety fund and administration of the fund for truck safety purposes; to set up and establish the Michigan truck safety commission; to establish certain standards for road contracts for certain businesses; to provide for the continuing review of transportation needs within the state; to authorize the state transportation commission, counties, cities, and villages to borrow money, issue bonds, and make pledges of funds for transportation purposes; to authorize counties to advance funds for the payment of deficiencies necessary for the payment of bonds issued under this act; to provide for the limitations, payment, retirement, and security of the bonds and pledges; to provide for appropriations and tax levies by counties and townships for county roads; to authorize contributions by townships for county roads; to provide for the establishment and administration of the state trunk line fund, critical bridge fund, comprehensive transportation fund, and certain other funds; to provide for the deposits in the state trunk line fund, critical bridge fund, comprehensive transportation fund, and certain other funds of money raised by specific taxes and fees; to provide for definitions of public transportation functions and criteria; to define the purposes for which Michigan transportation funds may be allocated; to provide for Michigan transportation fund grants; to provide for review and approval of transportation programs; to provide for submission of annual legislative requests and reports; to provide for the establishment and functions of certain advisory entities; to provide for conditions for grants; to provide for the issuance of bonds and notes for transportation purposes; to provide for the powers and duties of certain state and local agencies and officials; to provide for the making of loans for transportation purposes by the state transportation department and for the receipt and repayment by local units and agencies of those loans from certain specified sources; and to repeal acts and parts of acts," by amending section 1c (MCL 247.651c), as amended by 1982 PA 438.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 613 Yeas--99
Accavitti Gillard Meyer Shaffer
Acciavatti Gleason Middaugh Sheen
Amos Hager Milosch Shulman
Anderson Hart Minore Spade
Bieda Hood Moolenaar Stahl
Bisbee Hoogendyk Mortimer Stakoe
Brandenburg Hopgood Murphy Stallworth
Brown Howell Newell Steil
Byrum Huizenga Nitz Stewart
Casperson Hummel Nofs Tabor
Caul Hune O'Neil Taub
Clack Hunter Paletko Tobocman
Condino Jamnick Palmer Vagnozzi
Dennis Johnson, Rick Palsrok Van Regenmorter
DeRoche Johnson, Ruth Pappageorge Vander Veen
DeRossett Julian Pastor Voorhees
Drolet Koetje Phillips Walker
Ehardt Kolb Plakas Ward
Elkins Kooiman Pumford Wenke
Emmons LaJoy Reeves Williams
Farhat LaSata Richardville Wojno
Farrah Law Robertson Woodward
Gaffney Lipsey Rocca Woronchak
Garfield McConico Sak Zelenko
Gieleghem Meisner Shackleton
Nays--6
Adamini Caswell Sheltrown Waters
Bradstreet Rivet
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. 5173, entitled
A bill to amend 1949 PA 300, entitled "Michigan vehicle code," by amending section 601b (MCL 257.601b), as amended by 2001 PA 103.
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. Acciavatti 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. Hood moved that Rep. Smith be excused temporarily from today's session.
The motion prevailed.
Rep. Mortimer moved that Rep. Ehardt 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. 5173, entitled
A bill to amend 1949 PA 300, entitled "Michigan vehicle code," by amending section 601b (MCL 257.601b), as amended by 2001 PA 103.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 614 Yeas--97
Accavitti Gleason Middaugh Shaffer
Acciavatti Hager Milosch Sheen
Adamini Hart Minore Sheltrown
Amos Hood Moolenaar Shulman
Anderson Hoogendyk Mortimer Spade
Bieda Hopgood Murphy Stahl
Brandenburg Howell Newell Stakoe
Brown Huizenga Nitz Stallworth
Byrum Hummel Nofs Stewart
Casperson Hune O'Neil Tabor
Caswell Hunter Paletko Taub
Caul Jamnick Palmer Tobocman
Clack Johnson, Rick Palsrok Vagnozzi
Condino Johnson, Ruth Pastor Vander Veen
Dennis Julian Phillips Voorhees
DeRoche Koetje Plakas Walker
DeRossett Kolb Pumford Ward
Elkins Kooiman Reeves Waters
Emmons LaJoy Richardville Wenke
Farhat Law Rivet Williams
Farrah Lipsey Robertson Wojno
Gaffney McConico Rocca Woodward
Garfield Meisner Sak Woronchak
Gieleghem Meyer Shackleton Zelenko
Gillard
Nays--7
Bisbee Drolet Pappageorge Van Regenmorter
Bradstreet LaSata Steil
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.
The House returned to the consideration of
House Bill No. 5188, entitled
A bill to amend 1939 PA 3, entitled "An act to provide for the regulation and control of public utilities and other services affected with a public interest within this state; to provide for alternative energy suppliers; to provide for licensing; to include municipally owned utilities and other providers of energy under certain provisions of this act; to create a public service commission and to prescribe and define its powers and duties; to abolish the Michigan public utilities commission and to confer the powers and duties vested by law on the public service commission; to provide for the continuance, transfer, and completion of certain matters and proceedings; to abolish automatic adjustment clauses; to prohibit certain rate increases without notice and hearing; to qualify residential energy conservation programs permitted under state law for certain federal exemption; to create a fund; to provide for a restructuring of the manner in which energy is provided in this state; to encourage the utilization of resource recovery facilities; to prohibit certain acts and practices of providers of energy; to allow for the securitization of stranded costs; to reduce rates; to provide for appeals; to provide appropriations; to declare the effect and purpose of this act; to prescribe remedies and penalties; and to repeal acts and parts of acts," by amending section 10a (MCL 460.10a), as added by 2000 PA 141.
(The bill was considered earlier today, see today's Journal p. 2062.)
Rep. Richardville moved to reconsider the vote by which the House passed the bill.
The motion prevailed, a majority of the members serving voting therefor.
The question being on the passage of the bill,
The bill was then passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 615 Yeas--106
Accavitti Gieleghem Middaugh Sheen
Acciavatti Gillard Milosch Sheltrown
Adamini Gleason Minore Shulman
Amos Hager Moolenaar Smith
Anderson Hart Mortimer Spade
Bieda Hood Murphy Stahl
Bisbee Hoogendyk Newell Stakoe
Bradstreet Hopgood Nitz Stallworth
Brandenburg Howell Nofs Steil
Brown Huizenga O'Neil Stewart
Byrum Hummel Paletko Tabor
Casperson Hune Palmer Taub
Caswell Hunter Palsrok Tobocman
Caul Jamnick Pappageorge Vagnozzi
Clack Johnson, Rick Pastor Van Regenmorter
Condino Johnson, Ruth Phillips Vander Veen
Dennis Julian Plakas Voorhees
DeRoche Koetje Pumford Walker
DeRossett Kolb Reeves Ward
Drolet Kooiman Richardville Waters
Ehardt LaJoy Rivet Wenke
Elkins LaSata Robertson Williams
Emmons Law Rocca Wojno
Farhat Lipsey Sak Woodward
Farrah McConico Shackleton Woronchak
Gaffney Meisner Shaffer Zelenko
Garfield Meyer
Nays--0
In The Chair: Julian
The House agreed to the title of the bill.
Reps. Woronchak, Anderson, Stewart, Woodward, Phillips, Zelenko, Kolb, Spade, Lipsey, Voorhees, Middaugh, Meyer, Vander Veen, Adamini, Brown, Paletko, Pastor, Bieda, Gleason, Wenke, Byrum and Huizenga were named co-sponsors of the bill.
Second Reading of Bills
House Bill No. 5089, entitled
A bill to amend 1949 PA 300, entitled "Michigan vehicle code," by amending section 627 (MCL 257.627), as amended by 1990 PA 165, and by adding section 79d.
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. Shackleton 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. Hummel 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. Acciavatti moved to amend the bill as follows:
1. Amend page 11, following line 12, by inserting:
"Enacting section 1. This amendatory act takes effect 90 days after the date this amendatory act is enacted.".
The motion prevailed and the amendment was adopted, a majority of the members serving voting therefor.
Rep. Acciavatti 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. 5089, entitled
A bill to amend 1949 PA 300, entitled "Michigan vehicle code," by amending section 627 (MCL 257.627), as amended by 1990 PA 165, and by adding section 79d.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 616 Yeas--106
Accavitti Gieleghem Middaugh Sheen
Acciavatti Gillard Milosch Sheltrown
Adamini Gleason Minore Shulman
Amos Hager Moolenaar Smith
Anderson Hart Mortimer Spade
Bieda Hood Murphy Stahl
Bisbee Hoogendyk Newell Stakoe
Bradstreet Hopgood Nitz Stallworth
Brandenburg Howell Nofs Steil
Brown Huizenga O'Neil Stewart
Byrum Hummel Paletko Tabor
Casperson Hune Palmer Taub
Caswell Hunter Palsrok Tobocman
Caul Jamnick Pappageorge Vagnozzi
Clack Johnson, Rick Pastor Van Regenmorter
Condino Johnson, Ruth Phillips Vander Veen
Dennis Julian Plakas Voorhees
DeRoche Koetje Pumford Walker
DeRossett Kolb Reeves Ward
Drolet Kooiman Richardville Waters
Ehardt LaJoy Rivet Wenke
Elkins LaSata Robertson Williams
Emmons Law Rocca Wojno
Farhat Lipsey Sak Woodward
Farrah McConico Shackleton Woronchak
Gaffney Meisner Shaffer Zelenko
Garfield Meyer
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 sections 320a, 601b, and 627 (MCL 257.320a, 257.601b, and 257.627), section 320a as amended by 2003 PA 61, section 601b as amended by 2001 PA 103, and section 627 as amended by 1990 PA 165, and by adding sections 79d and 616a.
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. McConico, O'Neil, Pappageorge, Minore, Zelenko, Kolb, Jamnick, Richardville, Voorhees, Sheltrown, Shackleton, Paletko, Hopgood, Taub, Robertson, Shaffer and Elkins were named co-sponsors of the bill.
______
Rep. Richardville moved to suspend that portion of Rule 44 requiring bills to be handed to the Clerk three hours prior to calling the House to order.
The motion prevailed, 3/5 of the members present voting therefor.
Rep. Richardville moved that when the House adjourns today it stand adjourned until Wednesday, November 12, at 1:00 p.m.
The motion prevailed.
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. Hoogendyk, Huizenga, Reeves, Voorhees, Middaugh, Stahl, Hummel, Robertson, Palmer, LaJoy, Garfield, Palsrok, Taub, Vander Veen, Sheen, Nofs, Moolenaar, O'Neil, Wojno, Shaffer, Mortimer, Kooiman, Julian, Pastor, Richardville, Stallworth, Acciavatti, Brandenburg, Casperson, DeRossett, Farhat, Spade, Hunter, Meyer, Pappageorge, Phillips, Vagnozzi, Shulman, Shackleton and Hager offered the following resolution:
House Resolution No. 167.
A resolution to memorialize the Congress of the United States and the Michigan Department of Community Health to provide assistance to pregnancy care centers in Michigan.
Whereas, Pregnancy care centers, which are also known as crisis pregnancy centers, are located in Michigan and across our country and provide vitally needed help to women and families at difficult times in their lives. These centers offer free, confidential, and compassionate services, which range from pregnancy testing and childbirth classes to help with housing, counseling, and medical referrals; and
Whereas, Pregnancy care centers encourage women to make positive choices in life by providing them with accurate and complete information. This information covers such key topics as nutrition, prenatal care, adoption services, and parenting; and
Whereas, Many pregnancy care centers across the country also offer classes in abstinence education, including programs carried out in schools; and
Whereas, The work of pregnancy care centers is largely conducted by volunteers, with contributions of time, talent, and financial support from people who see the intrinsic value of helping women and families facing a variety of very personal difficulties. With the strong societal implications of the good work being done at pregnancy care centers across our state, these centers are performing a great volume of services that clearly are carried out for the public benefit; now, therefore, be it
Resolved by the House of Representatives, That we memorialize the Congress of the United States and the Michigan Department of Community Health to provide assistance to pregnancy care centers in Michigan. We urge that any assistance made available to help with medical and abstinence education programs be administered in a manner that does not compromise the values of the centers; and be it further
Resolved, That copies of this resolution be transmitted to the President of the United States Senate, the Speaker of the United States House of Representatives, the members of the Michigan congressional delegation, and the Michigan Department of Community Health.
The resolution was referred to the Committee on Health Policy.
Reps. Casperson, Hummel, Pappageorge, Tabor, Shackleton, Nitz, Huizenga, Kooiman, Mortimer, Newell, Caul, Voorhees, Vander Veen, Hune, Stahl, Emmons, Farhat, Ward, Caswell, Hoogendyk, Julian, Pastor, Richardville, Shaffer, Acciavatti, Brandenburg, DeRossett, Garfield, Robertson, Brown, Meyer, Sheltrown, Taub, Adamini, Ehardt, Palmer, Shulman and Hager offered the following resolution:
House Resolution No. 168.
A resolution to memorialize the Congress of the United States and the United States Department of Transportation to permit the use of 75-foot crib carrier log hauling equipment.
Whereas, In the logging industry, an important industry for the state of Michigan, the crib carrier for log hauling offers an advancement that can increase the stability of loads with a new design for how the logs are arranged. In a highly competitive industry like lumbering, the new equipment represents significant progress; and
Whereas, Current federal law places a 70-foot limit on the length of trucks, although a waiver has permitted the use of 75-foot equipment over the past couple of years. Until federal laws and regulations permit the use of a 75-foot truck length, sanctions will prevent the use of safer truck-trailer combinations; and
Whereas, The 75-foot equipment offers distinct safety measures not available through the 70-foot limit currently in place. Most importantly, the crib arrangement makes the load more secure, with added protection against a shifting cargo. This enhances safety along Michigan's roads; and
Whereas, Discussions on proposals to permit the 75-foot crib carriers are underway in Washington, and legislation is expected to be introduced in the 108th Congress; now, therefore, be it
Resolved by the House of Representatives, That we memorialize the Congress of the United States and the United States Department of Transportation to permit the use of 75-foot crib carrier log hauling equipment; and be it further
Resolved, That copies of this resolution be transmitted to the President of the United States Senate, the Speaker of the United States House of Representatives, the members of the Michigan congressional delegation, and the United States Department of Transportation.
The resolution was referred to the Committee on Transportation.
Reps. Vander Veen, Shaffer, Newell, Mortimer, Kooiman, Garfield, Wenke, Richardville, Stahl, Farhat, Ehardt, Caswell, Taub, Hoogendyk, Julian, Pastor, Brandenburg, Casperson, DeRossett, Hopgood, Hunter, Meyer, Phillips, Voorhees, Palmer, Shulman and Hager offered the following resolution:
House Resolution No. 169.
A resolution to memorialize the Congress of the United States and the Food and Drug Administration to address the issue of the legality of imported drugs from Canada to ensure stability in the prescription drug component of health care and to protect the health of our citizens.
Whereas, Over the past few years, rapid increases in costs have caused more and more citizens and organizations to investigate the possibility of importing prescription drugs from Canada. In addition to individual citizens pursuing this on their own, storefront businesses helping people import medicines have developed, and some states have discussed importing certain medications on a very large scale; and
Whereas, There is considerable uncertainty over the practice of importing prescription medications. Some insurers will not cover these expenses. The FDA has repeatedly issued warnings that procuring medicines over the Internet or through other avenues to get drugs from outside the country are practices that could be extremely dangerous to health. In spite of these formidable obstacles, the interest people have in buying medications at far lower prices than are available in the United States has only grown; and
Whereas, As this trend continues, companies can be expected to cut their supplies of drugs to Canada. Such actions could contribute to an imbalance in the marketplace that could cause even more problems in this segment of health care; and
Whereas, The present situation of uncertainty should not continue. Whatever Congress and federal policy makers decide to do regarding the importation of prescription medications, whether recognizing this as legal or prohibiting or regulating the practice, a decision needs to be made as soon as possible. In the meantime, individual citizens, state officials, and private businesses are vulnerable. Before more serious damage is done, Congress needs to take a stand on this issue; now, therefore, be it
Resolved by the House of Representatives, That we memorialize the Congress of the United States and the Food and Drug Administration to address the issue of the legality of imported drugs from Canada to ensure stability in the prescription drug component of health care and to protect the health of our citizens; and be it further
Resolved, That copies of this resolution be transmitted to the President of the United States Senate, the Speaker of the United States House of Representatives, the members of the Michigan congressional delegation, and the Food and Drug Administration.
The resolution was referred to the Committee on Health Policy.
Reps. Vander Veen, Shaffer, Amos, Newell, Ehardt, Mortimer, Kooiman, Stahl, Caul, Pappageorge, Garfield, Caswell, Wenke, Rocca, Richardville, Taub, Farhat, Julian, Pastor, Brandenburg, Casperson, DeRossett, Wojno, Brown, Clack, Hopgood, Hunter, Lipsey, Meyer, Phillips, Sheltrown, Voorhees, Adamini, Gleason, Shulman, Minore and Shackleton offered the following resolution:
House Resolution No. 170.
A resolution to memorialize the Congress of the United States and the United States Department of Health and Human Services to make the treatment of chronic diseases a higher priority.
Whereas, An estimated 125 million Americans suffer from at least one chronic illness, which includes such maladies as asthma, arthritis, diabetes, heart disease, mental illness, and many cancers. Approximately 60 million people are afflicted with more than one of these conditions; and
Whereas, Chronic illnesses, which are responsible for 7 of every 10 deaths, are the leading cause of death in our country. More than 75 percent of state Medicaid spending goes toward the treatment of chronic illnesses, and more than half of Medicaid spending treats Medicaid enrollees who have more than one chronic disease; and
Whereas, The health care system of the United States could more accurately be called a "sick care" system, as most costs are incurred in the treatment of acute episodes of chronic illnesses that, in many cases, could be avoided or lessened by preventive measures. Many chronic diseases can be mitigated through improved diet, increased exercise, avoiding tobacco use, or other management steps. In spite of this, our country spends only a fraction of its health care money on prevention; and
Whereas, Many studies have demonstrated widespread problems with the quality of care delivered to individuals with chronic illnesses. These studies often cite the absence of appropriate screening and follow-up care, inadequate coordination of treatment among health care providers, and many preventable and costly complications; and
Whereas, There are structural barriers to improved treatment of chronic illnesses. Specifically, Medicaid and Medicare do not encourage preventive steps or better coordination for the treatment of people with more than one disease. Clearly, with the financial pressures in health care and the aging of our population, we need to take stronger steps to deal with chronic conditions in a more effective manner; now, therefore, be it
Resolved by the House of Representatives, That we memorialize the Congress of the United States and the United States Department of Health and Human Services to make the treatment of chronic diseases a higher priority. We urge federal policy makers to transform the regulatory, financial, and clinical structures for dealing with chronic diseases, including more support for preventive measures, better coordination of care, and the removal of regulatory barriers within Medicaid and Medicare; and be it further
Resolved, That copies of this resolution be transmitted to the President of the United States Senate, the Speaker of the United States House of Representatives, the members of the Michigan congressional delegation, and the United States Department of Health and Human Services.
The resolution was referred to the Committee on Health Policy.
Reps. Vander Veen, Bieda, Garfield, Brandenburg, Pappageorge, Mortimer, Emmons, Sheen, Voorhees, Caul, Steil, Palmer, Middaugh, Hart, Pastor, Moolenaar, Stakoe, Amos, Meyer, Huizenga, Kolb, DeRoche, Van Regenmorter, Hoogendyk, Williams, Wojno, Sak, Nitz, Tobocman, Hopgood, Clack, Anderson, Farhat, Kooiman, O'Neil, Woodward, Shackleton, Dennis, Minore, Plakas, Jamnick, Sheltrown, Byrum, Spade, Caswell, Gleason, Howell, Newell, LaJoy, Hager, Brown, Elkins, Accavitti, Zelenko, Richardville, Lipsey and Taub offered the following resolution:
House Resolution No. 171.
A resolution honoring veterans and recognizing November 11, 2003, as Veterans' Day.
Whereas, The willingness of our citizens to give freely and unselfishly of themselves, even their lives, in defense of our democratic principles, gives this great Nation continued strength and vitality; and
Whereas, From Valley Forge to the Persian Gulf, through war and peace, valiant Americans have answered the call to duty with honor and dignity; and
Whereas, Americans throughout this great land set aside Veterans' Day for special remembrance of the men and women who have served to protect our freedom; and
Whereas, The sound of bugles playing taps will pierce the air at countless ceremonies around the country and at our bases overseas in tribute to those who gave their lives in order to safeguard human liberty; and
Whereas, On this special day, our hearts and thoughts also turn to those who were disabled while serving their country, and their sacrifices and hardships endure, and daily earn anew the honor and compassion of a grateful nation; and
Whereas, With a spirit of pride and gratitude, we honor all our veterans, and especially those who have fought on the battlefields of Europe and the beaches of the Pacific, in the jungles and mountains of Asia, in the deserts of the Middle East, in hostile waters and skies around the globe; now, therefore, be it
Resolved by House of Representatives, That the members of this legislative body do hereby recognize November 11, 2003, as Veterans' Day and ask that on this day of honor all citizens express their gratitude to our veterans; and be it further
Resolved, That we devote special attention to those veterans who are sick and disabled, and show them through our actions that we remember and honor them.
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. Sak, Kooiman, Plakas, Spade, Vagnozzi, Condino, Hunter, McConico, Stallworth, Gieleghem, Woodward, Zelenko, Anderson, Brown, Adamini, Kolb, Palsrok, Sheltrown, Gillard, Bieda, Gleason, Elkins, Meisner, Van Regenmorter, Pappageorge, DeRoche, Clack, Law, Murphy, Hopgood, Paletko, Tobocman, Wojno, Accavitti, Byrum, Waters, Rivet, Hood, Jamnick, Minore, Richardville, Williams, Reeves, Farrah, O'Neil, Dennis, Huizenga, Newell, Caswell, Howell, Pastor, LaJoy, Hager, Voorhees, Lipsey, Sheen, Hoogendyk, Meyer, Nitz, Farhat, Stakoe, Taub and Emmons offered the following resolution:
House Resolution No. 172.
A resolution honoring veterans and recognizing November 11, 2003, as Veterans' Day.
Whereas, World War I ended on the eleventh hour of the eleventh day of the eleventh month of 1918; and
Whereas, On November 11, 1921, an American soldier of World War I, his name "known but to God" was buried at Arlington National Cemetery. His burial symbolizing a nation's reverence for America's veterans who served in that great war; and
Whereas, November 11th received an official designation as Armistice Day in 1926 and became a national holiday in 1938; and
Whereas, After the greatest mobilization of soldiers, sailors, marines and airmen in the nation's history to fight World War II and after U.S. forces fought communist aggression in Korea, November 11th was renamed Veterans' Day in 1954; and
Whereas, It is fitting that the recurring anniversary of this date should be commemorated with thanksgiving, prayer and exercises designed to perpetuate peace through good will and mutual understanding between nations; and
Whereas, Over 25 million veterans live in our nation and over 845,000 veterans live in the state of Michigan; and
Whereas, We are now freshly reminded of the danger and threat to our peace and liberty, we recognize the many, here and abroad, who now stand watch, as they execute the difficult military missions required to preserve, restore and build democracy throughout the world; and
Whereas, We should pause on Veterans' Day to remember the historical importance of the day and honor America's veterans for their patriotic spirit, their service and sacrifice for our nation; now, therefore, be it
Resolved by the House of Representatives, That the members of this legislative body recognize November 11, 2003, as Veterans' Day in the state of Michigan and we urge the citizens of the state to recognize America's veterans and military personnel with public ceremonies and private reflection.
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. Sheen, Woronchak, Drolet, Newell, Vander Veen, Hoogendyk, Palsrok, Middaugh, DeRoche, Brandenburg, Garfield, Pappageorge, Hart, Mortimer, Emmons, Gleason, Byrum, Vagnozzi, Accavitti, Anderson, Lipsey, Howell, Gaffney, Van Regenmorter, Huizenga, Hager, Caswell, Clack, Stahl, Wenke, Koetje, Bieda, Hopgood, Law, Wojno, Tobocman, Hunter, Plakas, Sak, O'Neil, Smith, Hood, Farrah, Kolb, Ruth Johnson, Hune, Rocca, Nofs, Farhat, Dennis, Richardville, Jamnick, Spade, Brown, Meyer, Elkins, Woodward, Minore, Williams, Moolenaar, Stakoe, Walker, DeRossett, Amos, Pastor, Kooiman, Robertson, Shaffer, LaJoy, Taub, Voorhees, Bisbee, Hummel, Milosch, Acciavatti, Nitz, Shulman, Tabor, Casperson, Julian and Zelenko offered the following resolution:
House Resolution No. 173.
A resolution commemorating the contributions of Michigan veterans to preserving American freedoms.
Whereas, Throughout the course of American history, courageous men and women have taken up arms to secure, defend and maintain the principles on which our nation's freedoms depend; and
Whereas, Terrorists ruthlessly attacked our land and our freedoms. Their attempt to assail the American spirit failed, and our nation's response reveals the spirit of freedom is as strong as ever. American troops are now fighting overseas to defeat terrorism, following in the footsteps of the 48 million men and women who have stepped forward to defend our land since our nation's founding; and
Whereas, There are more than 25 million living veterans who served our nation in times of peace and war. These veterans have diverse religious beliefs and come from varying backgrounds and ethnicities. Through their service, they kept America strong, and have protected our way of life from tyranny's grip for over two centuries. At this moment, men and women from Michigan are serving in the Army, Navy, Air Force, Marines and Coast Guard around the world. They represent our resolute dedication to achieving a lasting peace out of the challenges and threats of the 21st century; and
Whereas, Veterans' Day is a time to pause and reflect on the sacrifices of all those who have served in the United States military. Let us especially honor our veterans from Michigan, who have proved their heroism and love of country again and again-from Gettysburg to Iwo Jima, from the Chosin Reservoir to the War in Iraq. They defended our ideals across the globe, and they continue to inspire those who defend America today half a world away; and
Whereas, More than a million American men and women have died in service to America, and more than a million and a half have been wounded. Some veterans sustained serious injuries in combat and now live with disabilities. Our nation will always be grateful for the noble sacrifices of our veterans; now, therefore, be it
Resolved by the House of Representatives, That the members of this legislative body honor all Michigan veterans who have served in the United States military for their sacrifices in demonstrating the timeless truth that freedom is not free. We urge all Michigan citizens to recognize the valor and sacrifice of our veterans through appropriate public ceremonies and private prayers; and be it further
Resolved, That copies of this resolution be transmitted to Michigan veterans, their families and service organizations as a token of our appreciation for their service.
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.
Reports of Standing Committees
The Committee on Transportation, by Rep. DeRossett, Chair, reported
House Bill No. 4887, entitled
A bill to amend 1949 PA 300, entitled "Michigan vehicle code," by amending section 2 (MCL 257.2), as amended by 1997 PA 8.
With the recommendation that the substitute (H-3) be adopted and that the bill then pass.
The bill and substitute were referred to the order of Second Reading of Bills and laid over one day.
Favorable Roll Call
To Report Out:
Yeas: Reps. DeRossett, Casperson, Hummel, DeRoche, Gaffney, Hune, Huizenga, LaJoy, Robertson, Ward, Anderson, Jamnick, Gleason, Tobocman and Elkins
Nays: None
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. DeRossett, Chair of the Committee on Transportation, was received and read:
Meeting held on: Thursday, November 6, 2003, at 9:00 a.m.
Present: Reps. DeRossett, Casperson, Hummel, DeRoche, Gaffney, Hune, Huizenga, LaJoy, Robertson, Ward, Anderson, Jamnick, Gleason, Tobocman and Elkins
Absent: Reps. Adamini and Murphy
Excused: Reps. Adamini and Murphy
The Committee on Senior Health, Security and Retirement, by Rep. Woronchak, Chair, reported
House Bill No. 4585, entitled
A bill to amend 1980 PA 300, entitled "The public school employees retirement act of 1979," by amending section 85 (MCL 38.1385), as amended by 2002 PA 94.
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.
Favorable Roll Call
To Report Out:
Yeas: Reps. Woronchak, Mortimer, Pappageorge, Rocca, Tabor, Vander Veen and Zelenko
Nays: None
The Committee on Senior Health, Security and Retirement, by Rep. Woronchak, Chair, reported
House Bill No. 4766, entitled
A bill to amend 1978 PA 368, entitled "Public health code," (MCL 333.1101 to 333.25211) by adding section 20144a.
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.
Favorable Roll Call
To Report Out:
Yeas: Reps. Woronchak, Mortimer, Pappageorge, Rocca, Vander Veen, Stallworth, Vagnozzi and Zelenko
Nays: None
The Committee on Senior Health, Security and Retirement, by Rep. Woronchak, Chair, reported
House Bill No. 5184, entitled
A bill to amend 1979 PA 218, entitled "Adult foster care facility licensing act," (MCL 400.701 to 400.737) by adding section 34a.
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.
Favorable Roll Call
To Report Out:
Yeas: Reps. Woronchak, Mortimer, Pappageorge, Rocca, Vander Veen, Stallworth, Vagnozzi and Zelenko
Nays: None
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Woronchak, Chair of the Committee on Senior Health, Security and Retirement, was received and read:
Meeting held on: Thursday, November 6, 2003, at 8:30 a.m.
Present: Reps. Woronchak, Mortimer, Pappageorge, Rocca, Tabor, Vander Veen, Stallworth, Vagnozzi and Zelenko
The Committee on Judiciary, by Rep. Howell, Chair, reported
House Bill No. 5216, entitled
A bill to amend 1909 PA 279, entitled "The home rule city act," by amending section 4l (MCL 117.4l), as amended by 1996 PA 44, and by adding section 4q.
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.
Favorable Roll Call
To Report Out:
Yeas: Reps. Howell, LaSata, Van Regenmorter, Bradstreet, Koetje, Voorhees, Gaffney, Garfield, Wenke, Lipsey, Bieda, Condino and Smith
Nays: None
The Committee on Judiciary, by Rep. Howell, Chair, reported
House Bill No. 5217, entitled
A bill to amend 1909 PA 279, entitled "The home rule city act," (MCL 117.1 to 117.38) by adding section 4r.
With the recommendation that the following amendment be adopted and that the bill then pass.
1. Amend page 3, line 6, after "than" by striking out "5" and inserting "10".
The bill and amendment were referred to the order of Second Reading of Bills and laid over one day.
Favorable Roll Call
To Report Out:
Yeas: Reps. Howell, LaSata, Van Regenmorter, Bradstreet, Koetje, Voorhees, Gaffney, Garfield, Wenke, Lipsey, Bieda, Condino and Smith
Nays: None
The Committee on Judiciary, by Rep. Howell, Chair, reported
House Bill No. 5218, entitled
A bill to amend 1909 PA 279, entitled "The home rule city act," by amending section 29 (MCL 117.29), as amended by 1994 PA 17.
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.
Favorable Roll Call
To Report Out:
Yeas: Reps. Howell, LaSata, Van Regenmorter, Bradstreet, Koetje, Voorhees, Gaffney, Garfield, Wenke, Lipsey, Bieda, Condino and Smith
Nays: None
The Committee on Judiciary, by Rep. Howell, Chair, reported
House Bill No. 5219, entitled
A bill to amend 1961 PA 236, entitled "Revised judicature act of 1961," by amending section 8313 (MCL 600.8313), as amended by 1995 PA 54.
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.
Favorable Roll Call
To Report Out:
Yeas: Reps. Howell, LaSata, Van Regenmorter, Bradstreet, Koetje, Voorhees, Gaffney, Garfield, Wenke, Lipsey, Bieda, Condino and Smith
Nays: None
The Committee on Judiciary, by Rep. Howell, Chair, reported
House Bill No. 5220, entitled
A bill to amend 1921 PA 207, entitled "City and village zoning act," by amending section 7 (MCL 125.587), as amended by 1994 PA 25.
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.
Favorable Roll Call
To Report Out:
Yeas: Reps. Howell, LaSata, Van Regenmorter, Bradstreet, Koetje, Voorhees, Gaffney, Garfield, Wenke, Lipsey, Bieda, Condino and Smith
Nays: None
The Committee on Judiciary, by Rep. Howell, Chair, reported
House Bill No. 5223, entitled
A bill to amend 1972 PA 230, entitled "Stille-DeRossett-Hale single state construction code act," by amending sections 8b, 23, and 23a (MCL 125.1508b, 125.1523, and 125.1523a), section 8b as added by 1999 PA 245, section 23 as amended by 1994 PA 22, and section 23a as added by 1989 PA 135.
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.
Favorable Roll Call
To Report Out:
Yeas: Reps. Howell, LaSata, Van Regenmorter, Bradstreet, Koetje, Voorhees, Gaffney, Garfield, Wenke, Lipsey, Bieda, Condino and Smith
Nays: None
The Committee on Judiciary, by Rep. Howell, Chair, reported
House Bill No. 5224, entitled
A bill to amend 1941 PA 359, entitled "An act for controlling and eradicating certain noxious weeds within the state; to permit townships, villages, and cities to have a lien for expenses incurred in controlling and eradicating such weeds; to permit officials of counties and municipalities to appoint commissioners of noxious weeds; to define the powers, duties, and compensation of commissioners; to provide for sanctions; and to repeal certain acts and parts of acts," by amending section 4 (MCL 247.64), as amended by 1994 PA 26.
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.
Favorable Roll Call
To Report Out:
Yeas: Reps. Howell, LaSata, Van Regenmorter, Bradstreet, Koetje, Voorhees, Gaffney, Garfield, Wenke, Lipsey, Bieda, Condino and Smith
Nays: None
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Howell, Chair of the Committee on Judiciary, was received and read:
Meeting held on: Thursday, November 6, 2003, at 9:00 a.m.
Present: Reps. Howell, LaSata, Van Regenmorter, Bradstreet, Koetje, Pappageorge, Voorhees, Gaffney, Garfield, Wenke, Lipsey, Bieda, Condino and Smith
Absent: Rep. Adamini
Excused: Rep. Adamini
The Committee on Education, by Rep. Palmer, Chair, reported
Senate Bill No. 482, entitled
A bill to amend 1976 PA 451, entitled "The revised school code," by amending section 1274a (MCL 380.1274a), as amended by 1990 PA 227.
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.
Favorable Roll Call
To Report Out:
Yeas: Reps. Palmer, Hummel, Meyer, Bradstreet, Hager, Hart, Tabor, Vander Veen, Nofs, Stahl, Gieleghem, Vagnozzi, Spade, Smith, Hopgood, Meisner and Clack
Nays: None
The Committee on Education, by Rep. Palmer, Chair, reported
Senate Bill No. 761, entitled
A bill to amend 1937 PA 306, entitled "An act to promote the safety, welfare, and educational interests of the people of the state of Michigan by regulating the construction, reconstruction, and remodeling of certain public or private school buildings or additions to such buildings, by regulating the construction, reconstruction, and remodeling of buildings leased or acquired for school purposes, and to define the class of buildings affected by this act; to prescribe the powers and duties of certain state agencies and officials; to prescribe penalties for the violation of this act; and to repeal acts and parts of acts," by amending section 1 (MCL 388.851), as amended by 2002 PA 628.
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.
Favorable Roll Call
To Report Out:
Yeas: Reps. Palmer, Hummel, Meyer, Bradstreet, Hager, Hart, Tabor, Voorhees, Vander Veen, Nofs, Stahl, Gieleghem, Vagnozzi, Spade, Smith, Hopgood, Meisner and Clack
Nays: None
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Palmer, Chair of the Committee on Education, was received and read:
Meeting held on: Thursday, November 6, 2003, at 9:00 a.m.
Present: Reps. Palmer, Hummel, Meyer, Bradstreet, Hager, Hart, Ruth Johnson, Tabor, Voorhees, Vander Veen, Nofs, Stahl, Gieleghem, Vagnozzi, Spade, Smith, Hopgood, Meisner and Clack
The Committee on Land Use and Environment, by Rep. Ruth Johnson, Chair, reported
House Bill No. 4296, entitled
A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending section 11514 (MCL 324.11514).
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.
Favorable Roll Call
To Report Out:
Yeas: Reps. Ruth Johnson, LaJoy, Ehardt, Milosch, Ward, Farrah, Gieleghem, Dennis and Law
Nays: Rep. Nitz
The Committee on Land Use and Environment, by Rep. Ruth Johnson, Chair, reported
House Bill No. 4297, entitled
A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," (MCL 324.101 to 324.90106) by adding section 5502a.
With the recommendation that the following amendment be adopted and that the bill then pass.
1. Amend page 1, line 1, after "5502a." by striking out "A" and inserting "Beginning 1 year after the effective date of the amendatory act that added this section, a".
The bill and amendment were referred to the order of Second Reading of Bills and laid over one day.
Favorable Roll Call
To Report Out:
Yeas: Reps. Ruth Johnson, LaJoy, Ehardt, Milosch, Nitz, Ward, Farrah, Gieleghem, Dennis and Law
Nays: None
The Committee on Land Use and Environment, by Rep. Ruth Johnson, Chair, reported
House Bill No. 4688, entitled
A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending section 11538 (MCL 324.11538); and to repeal acts and parts of acts.
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.
Favorable Roll Call
To Report Out:
Yeas: Reps. Ruth Johnson, LaJoy, Ehardt, Milosch, Nitz and Ward
Nays: Reps. Farrah, Gieleghem, Dennis and Law
The Committee on Land Use and Environment, by Rep. Ruth Johnson, Chair, reported
House Bill No. 5234, entitled
A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," (MCL 324.101 to 324.90106) by adding section 11526a.
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.
Favorable Roll Call
To Report Out:
Yeas: Reps. Ruth Johnson, LaJoy, Ehardt, Milosch, Nitz, Ward, Farrah, Gieleghem, Dennis and Law
Nays: None
The Committee on Land Use and Environment, by Rep. Ruth Johnson, Chair, reported
House Bill No. 5235, entitled
A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," (MCL 324.101 to 324.90106) by adding section 11527a.
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.
Favorable Roll Call
To Report Out:
Yeas: Reps. Ruth Johnson, LaJoy, Ehardt, Milosch, Nitz, Ward, Farrah, Gieleghem, Dennis and Law
Nays: None
The Committee on Land Use and Environment, by Rep. Ruth Johnson, Chair, reported
House Bill No. 5236, entitled
A bill to amend 1967 (Ex Sess) PA 7, entitled "Urban cooperation act of 1967," by amending section 8a (MCL 124.508a), as amended by 1996 PA 45.
With the recommendation that the following amendments be adopted and that the bill then pass.
1. Amend page 2, line 4, after "households" by inserting "and commercial businesses".
2. Amend page 2, line 5, after "household" by inserting "or commercial business".
3. Amend page 3, line 18, after "households" by inserting "or commercial businesses".
The bill and amendments were referred to the order of Second Reading of Bills and laid over one day.
Favorable Roll Call
To Report Out:
Yeas: Reps. Ruth Johnson, LaJoy, Ehardt, Milosch, Nitz and Ward
Nays: Reps. Farrah, Gieleghem, Dennis and Law
The Committee on Land Use and Environment, by Rep. Ruth Johnson, Chair, reported
House Bill No. 5237, entitled
A bill to amend 1967 (Ex Sess) PA 7, entitled "Urban cooperation act of 1967," by amending section 8a (MCL 124.508a), as amended by 1996 PA 45.
With the recommendation that the following amendments be adopted and that the bill then pass.
1. Amend page 2, line 4, after "households" by inserting "and commercial businesses".
2. Amend page 2, line 5, after "household" by inserting "or commercial business".
The bill and amendments were referred to the order of Second Reading of Bills and laid over one day.
Favorable Roll Call
To Report Out:
Yeas: Reps. Ruth Johnson, LaJoy, Ehardt, Milosch, Nitz, Ward, Farrah, Gieleghem, Dennis and Law
Nays: None
The Committee on Land Use and Environment, by Rep. Ruth Johnson, Chair, reported
Senate Bill No. 57, entitled
A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," (MCL 324.101 to 324.90106) by adding section 11526c.
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.
Favorable Roll Call
To Report Out:
Yeas: Reps. Ruth Johnson, LaJoy, Ehardt, Milosch, Ward, Farrah, Gieleghem, Dennis and Law
Nays: Rep. Nitz
The Committee on Land Use and Environment, by Rep. Ruth Johnson, Chair, reported
Senate Bill No. 497, entitled
A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending section 11502 (MCL 324.11502), as amended by 1996 PA 359.
With the recommendation that the following amendments be adopted and that the bill then pass.
1. Amend page 4, line 9, by striking out all of subdivision (a) and inserting:
"(a) House Bill No. 5234.".
2. Amend page 4, line 13, by striking out all of subdivision (e) and inserting:
"(e) House Bill No. 5235.".
The bill and amendments were referred to the order of Second Reading of Bills and laid over one day.
Favorable Roll Call
To Report Out:
Yeas: Reps. Ruth Johnson, LaJoy, Ehardt, DeRossett, Milosch, Ward, Farrah, Gieleghem, Dennis and Law
Nays: Rep. Nitz
The Committee on Land Use and Environment, by Rep. Ruth Johnson, Chair, reported
Senate Bill No. 498, entitled
A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending sections 11514 and 11521 (MCL 324.11514 and 324.11521).
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.
Favorable Roll Call
To Report Out:
Yeas: Reps. Ruth Johnson, LaJoy, Ehardt, DeRossett, Milosch, Ward, Farrah, Gieleghem, Dennis and Law
Nays: Rep. Nitz
The Committee on Land Use and Environment, by Rep. Ruth Johnson, Chair, reported
Senate Bill No. 499, entitled
A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending section 11526 (MCL 324.11526).
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.
Favorable Roll Call
To Report Out:
Yeas: Reps. Ruth Johnson, LaJoy, DeRossett, Milosch, Ward, Farrah, Gieleghem, Dennis and Law
Nays: Reps. Ehardt and Nitz
The Committee on Land Use and Environment, by Rep. Ruth Johnson, Chair, reported
Senate Bill No. 500, entitled
A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending sections 11546 and 11549 (MCL 324.11546 and 324.11549).
With the recommendation that the substitute (H-3) be adopted and that the bill then pass.
The bill and substitute were referred to the order of Second Reading of Bills and laid over one day.
Favorable Roll Call
To Report Out:
Yeas: Reps. Ruth Johnson, LaJoy, Ehardt, DeRossett, Milosch and Ward
Nays: Rep. Nitz
The Committee on Land Use and Environment, by Rep. Ruth Johnson, Chair, reported
Senate Bill No. 502, entitled
A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," (MCL 324.101 to 324.90106) by adding section 11526b.
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.
Favorable Roll Call
To Report Out:
Yeas: Reps. Ruth Johnson, LaJoy, Ehardt, DeRossett, Milosch, Ward, Farrah, Gieleghem, Dennis and Law
Nays: Rep. Nitz
The Committee on Land Use and Environment, by Rep. Ruth Johnson, Chair, reported
Senate Bill No. 506, entitled
A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," (MCL 324.101 to 324.90106) by adding section 11511a; and to repeal acts and parts of acts.
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.
Favorable Roll Call
To Report Out:
Yeas: Reps. Ruth Johnson, LaJoy, DeRossett, Milosch, Nitz, Ward, Farrah, Gieleghem, Dennis and Law
Nays: Rep. Ehardt
The Committee on Land Use and Environment, by Rep. Ruth Johnson, Chair, reported
Senate Bill No. 557, entitled
A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending section 11507a (MCL 324.11507a), as amended by 2003 PA 153.
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.
Favorable Roll Call
To Report Out:
Yeas: Reps. Ruth Johnson, LaJoy, Milosch, Nitz, Ward, Farrah, Gieleghem, Dennis and Law
Nays: Reps. Ehardt and DeRossett
The Committee on Land Use and Environment, by Rep. Ruth Johnson, Chair, reported
Senate Bill No. 715, entitled
A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending sections 11533 and 11538 (MCL 324.11533 and 324.11538).
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.
Favorable Roll Call
To Report Out:
Yeas: Reps. Ruth Johnson, LaJoy, Ehardt, DeRossett, Milosch, Ward, Farrah, Gieleghem and Dennis
Nays: Rep. Nitz
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Ruth Johnson, Chair of the Committee on Land Use and Environment, was received and read:
Meeting held on: Thursday, November 6, 2003, at 1:10 p.m.
Present: Reps. Ruth Johnson, LaJoy, Ehardt, DeRossett, Milosch, Nitz, Ward, Farrah, Gieleghem, Dennis and Law
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Ruth Johnson, Chair of the Committee on Land Use and Environment, was received and read:
Meeting held on: Wednesday, November 5, 2003, at 4:00 p.m.
Present: Reps. Ruth Johnson, LaJoy, Ehardt, DeRossett, Milosch, Nitz, Ward, Farrah, Gieleghem, Dennis and Law
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Koetje, Chair of the Committee on Government Operations, was received and read:
Meeting held on: Thursday, November 6, 2003, at 8:30 a.m.
Present: Reps. Koetje, Drolet, Howell, Tobocman and Lipsey
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 Tuesday, November 4:
Senate Bill Nos. 820 821 822 823 824
The Clerk announced that the following bills had been printed and placed upon the files of the members on Thursday, November 6:
House Bill Nos. 5251 5252 5253 5254 5255 5256 5257 5258 5259 5260 5261 5262 5263 5264 5265
The Clerk announced that the following Senate bills had been received on Thursday, November 6:
Senate Bill Nos. 700 787 805 806
By unanimous consent the House returned to the order of
Messages from the Senate
House Bill No. 4283, entitled
A bill to amend 1991 PA 179, entitled "Michigan telecommunications act," (MCL 484.2101 to 484.2701) by adding section 314a.
The Senate has passed the bill, ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title.
The House agreed to the full title.
The bill was referred to the Clerk for enrollment printing and presentation to the Governor.
House Bill No. 4613, entitled
A bill to amend 2001 PA 181, entitled "An act to authorize the board of a school district to award high school diplomas to World War II veterans under certain circumstances; and to prescribe duties and responsibilities of certain state officers and officials," by amending the title and section 1 (MCL 35.341).
The Senate has passed the bill and ordered that it be given immediate effect.
The bill was referred to the Clerk for enrollment printing and presentation to the Governor.
House Bill No. 4660, entitled
A bill to amend 1939 PA 3, entitled "An act to provide for the regulation and control of public utilities and other services affected with a public interest within this state; to provide for alternative energy suppliers; to provide for licensing; to include municipally owned utilities and other providers of energy under certain provisions of this act; to create a public service commission and to prescribe and define its powers and duties; to abolish the Michigan public utilities commission and to confer the powers and duties vested by law on the public service commission; to provide for the continuance, transfer, and completion of certain matters and proceedings; to abolish automatic adjustment clauses; to prohibit certain rate increases without notice and hearing; to qualify residential energy conservation programs permitted under state law for certain federal exemption; to create a fund; to provide for a restructuring of the manner in which energy is provided in this state; to encourage the utilization of resource recovery facilities; to prohibit certain acts and practices of providers of energy; to allow for the securitization of stranded costs; to reduce rates; to provide for appeals; to provide appropriations; to declare the effect and purpose of this act; to prescribe remedies and penalties; and to repeal acts and parts of acts," (MCL 460.1 to 460.10cc) by adding section 9c.
The Senate has passed the bill and ordered that it be given immediate effect.
The bill was referred to the Clerk for enrollment printing and presentation to the Governor.
House Bill No. 4695, 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 12a (MCL 46.12a), as amended by 2002 PA 730.
The Senate has passed the bill by a 2/3 vote and ordered that it be given immediate effect.
The bill was referred to the Clerk for enrollment printing and presentation to the Governor.
House Bill No. 4698, entitled
A bill to amend 1978 PA 322, entitled "An act to authorize financial institutions to make electronic funds transfer terminals available to their customers; to protect the privacy and security of customers; to prohibit unfair discrimination among financial institutions and monopolistic practices in the use and availability of electronic funds transfer terminals; to prescribe remedies; and to prescribe penalties," by amending sections 2 and 3 (MCL 488.2 and 488.3).
The Senate has passed the bill by a 2/3 vote and ordered that it be given immediate effect.
The bill was referred to the Clerk for enrollment printing and presentation to the Governor.
House Bill No. 4699, entitled
A bill to amend 1950 (Ex Sess) PA 27, entitled "Motor vehicle sales finance act," by amending section 36 (MCL 492.136).
The Senate has passed the bill by a 2/3 vote, ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title.
The House agreed to the full title.
The bill was referred to the Clerk for enrollment printing and presentation to the Governor.
House Bill No. 4950, entitled
A bill to amend 1947 PA 359, entitled "The charter township act," (MCL 42.1 to 42.34) by adding section 10a.
The Senate has passed the bill, ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title.
The House agreed to the full title.
The bill was referred to the Clerk for enrollment printing and presentation to the Governor.
House Bill No. 5054, entitled
A bill to amend 1980 PA 299, entitled "Occupational code," by amending section 1117 (MCL 339.1117), as amended by 1984 PA 25.
The Senate has passed the bill, ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title.
The House agreed to the full title.
The bill was referred to the Clerk for enrollment printing and presentation to the Governor.
House Bill No. 4263, entitled
A bill to amend 1961 PA 120, entitled "An act to authorize the development or redevelopment of principal shopping districts and business improvement districts; to permit the creation of certain boards; to provide for the operation of principal shopping districts and business improvement districts; to provide for the creation, operation, and dissolution of business improvement zones; and to authorize the collection of revenue and the bonding of certain cities for the development or redevelopment projects," by amending the title and sections 1, 2, 4, 5, and 6 (MCL 125.981, 125.982, 125.984, 125.985, and 125.986), the title as amended by 2001 PA 260, sections 1, 2, and 5 as amended by 2001 PA 261, section 4 as amended by 1999 PA 49, and section 6 as amended by 1992 PA 146.
The Senate has substituted (S-1) the bill.
The Senate has passed the bill as substituted (S-1) and ordered that it be given immediate effect.
The Speaker announced that pursuant to Rule 45, the bill was laid over one day.
House Bill No. 4518, entitled
A bill to amend 1978 PA 368, entitled "Public health code," by amending section 20919 (MCL 333.20919), as amended by 2000 PA 375.
The Senate has amended the bill as follows:
1. Amend page 3, line 27, after "(c)" by striking out "Not later than" and inserting "Within".
The Senate has passed the bill as amended, ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title.
The Speaker announced that pursuant to Rule 45, the bill was laid over one day.
House Bill No. 4938, entitled
A bill to provide for the qualification, appointment, and regulation of notaries; to provide for the levy, assessment, and collection of certain service charges and fees and to provide for their disposition; to create certain funds for certain purposes; to provide for liability for certain persons; to provide for the admissibility of certain evidence; to prescribe powers and duties of certain state agencies and local officers; to provide for remedies and penalties; and to repeal acts and parts of acts.
The Senate has substituted (S-1) the bill.
The Senate has passed the bill as substituted (S-1) and ordered that it be given immediate effect.
The Speaker announced that pursuant to Rule 45, the bill was laid over one day.
House Bill No. 5156, entitled
A bill to amend 1909 PA 279, entitled "The home rule city act," (MCL 117.1 to 117.38) by adding section 36a.
The Senate has substituted (S-1) the bill.
The Senate has passed the bill as substituted (S-1), ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title.
The Speaker announced that pursuant to Rule 45, the bill was laid over one day.
Senate Bill No. 700, entitled
A bill to amend 1893 PA 206, entitled "The general property tax act," by amending section 89a (MCL 211.89a), as added by 1994 PA 189, and by adding section 89b.
The Senate has passed the bill.
The bill was read a first time by its title and referred to the Committee on Tax Policy.
Senate Bill No. 787, entitled
A bill to amend 1976 PA 451, entitled "The revised school code," by amending section 1280 (MCL 380.1280), as amended by 1997 PA 180.
The Senate has passed the bill.
The bill was read a first time by its title and referred to the Committee on Education.
Senate Bill No. 805, entitled
A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending section 19608 (MCL 324.19608), as added by 1998 PA 288.
The Senate has passed the bill.
The bill was read a first time by its title and referred to the Committee on Commerce.
Senate Bill No. 806, entitled
A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," (MCL 324.101 to 324.90106) by adding section 19608a.
The Senate has passed the bill.
The bill was read a first time by its title and referred to the Committee on Commerce.
Messages from the Governor
Date: November 5, 2003
Time: 11:35 a.m.
To the Speaker of the House of Representatives:
Sir--I have this day approved and signed
Enrolled House Bill No. 4360 (Public Act No. 192, I.E.), being
An act to amend 1978 PA 33, entitled "An act to prohibit the dissemination, exhibiting, or displaying of certain sexually explicit matter to minors; to prohibit certain misrepresentations facilitating the dissemination of sexually explicit matter to minors; to provide penalties; to provide for declaratory judgments and injunctive relief in certain instances; to impose certain duties upon prosecuting attorneys and the circuit court; to preempt local units of government from proscribing certain conduct; and to repeal certain acts and parts of acts," by amending sections 1, 3, 5, 6, and 7 (MCL 722.671, 722.673, 722.675, 722.676, and 722.677), sections 3, 5, 6, and 7 as amended by 1999 PA 33; and to repeal acts and parts of acts.
(Filed with the Secretary of State November 5, 2003, at 2:27 p.m.)
Introduction of Bills
Rep. Condino introduced
House Bill No. 5266, entitled
A bill to amend 1943 PA 240, entitled "State employees' retirement act," by amending sections 1a, 1e, 1i, 17g, 23, 27, 33, 49, 53, 55, 64, and 67a (MCL 38.1a, 38.1e, 38.1i, 38.17g, 38.23, 38.27, 38.33, 38.49, 38.53, 38.55, 38.64, and 38.67a), section 1a as amended by 1998 PA 205, sections 1e and 1i as amended and sections 53, 55, 64, and 67a as added by 1996 PA 487, sections 17g, 23, and 27 as amended by 1987 PA 241, and sections 33 and 49 as amended by 2002 PA 93, and by adding section 27a.
The bill was read a first time by its title and referred to the Committee on Employment Relations, Training and Safety.
Reps. Newell, Palsrok, Howell, Shackleton, Shaffer and Sheen introduced
House Bill No. 5267, entitled
A bill to amend 1976 PA 451, entitled "The revised school code," by amending section 1267 (MCL 380.1267), as amended by 1995 PA 289.
The bill was read a first time by its title and referred to the Committee on Education.
Reps. Nofs, Stakoe, O'Neil, Dennis, Rivet, Sak, Plakas, Condino, Spade, Hunter, Hood, Smith, Accavitti, Wojno, Paletko, Murphy, Hopgood, Adamini, Brown, Sheltrown, Lipsey, Gleason, Meisner, LaJoy, Middaugh, Acciavatti, Garfield, Law, Elkins, McConico, Kolb, Williams, Gillard, Whitmer, Anderson, Gaffney, Hummel, Pappageorge, Ward, Moolenaar, Newell, Farhat, Steil, Amos, Pastor, Casperson, Stahl, Shaffer and Huizenga introduced
House Bill No. 5268, entitled
A bill to amend 1978 PA 368, entitled "Public health code," by amending section 7524 (MCL 333.7524), as amended by 1994 PA 8.
The bill was read a first time by its title and referred to the Committee on Veterans Affairs and Homeland Security.
Reps. Farrah, Stakoe, O'Neil, Dennis, Rivet, Sak, Plakas, Condino, Spade, Hunter, Hood, Smith, Accavitti, Wojno, Paletko, Murphy, Hopgood, Adamini, Brown, Sheltrown, Lipsey, Gleason, Meisner, LaJoy, Middaugh, Acciavatti, Garfield, Law, Elkins, McConico, Kolb, Williams, Gillard, Whitmer, Anderson, Gaffney, Hummel, Pappageorge, Ward, Moolenaar, Newell, Farhat, Steil, Amos, Pastor, Casperson, Stahl, Shaffer, Woronchak and Huizenga introduced
House Bill No. 5269, entitled
A bill to amend 1978 PA 368, entitled "Public health code," by amending section 7524 (MCL 333.7524), as amended by 1994 PA 8.
The bill was read a first time by its title and referred to the Committee on Veterans Affairs and Homeland Security.
Reps. Nofs, Middaugh, Woronchak, Wenke, Richardville, Voorhees, Vander Veen, Shaffer, Casperson, Hoogendyk, Koetje, Newell, Rocca, Caul, Gaffney, Nitz, Bisbee, Robertson, Hunter, Smith, Farhat, Julian, Palsrok, Ward, Moolenaar, Steil, Murphy, Phillips, Lipsey, Wojno, Condino, Tobocman, Reeves, Minore, Stahl, DeRossett, Tabor, LaSata, Hardman and Daniels introduced
House Bill No. 5270, entitled
A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," (MCL 324.101 to 324.90106) by adding section 19608a.
The bill was read a first time by its title and referred to the Committee on Commerce.
Reps. Gaffney, Lipsey, Woronchak, Pastor, LaJoy, Stewart, O'Neil, Plakas, Farrah, Smith, Condino, Tobocman, Anderson, Law, Hopgood, Paletko, Cheeks, Hunter, Hood, Adamini, Stallworth, Farhat, Hardman, Waters, Reeves, Hune and Daniels introduced
House Bill No. 5271, entitled
A bill to amend 1961 PA 236, entitled "Revised judicature act of 1961," by amending section 504 (MCL 600.504), as amended by 2002 PA 715.
The bill was read a first time by its title and referred to the Committee on Judiciary.
Reps. Hunter, Sheltrown, Adamini, Gillard, Elkins, Brown, Sak, Tobocman and Vagnozzi introduced
House Bill No. 5272, entitled
A bill to amend 1979 PA 94, entitled "The state school aid act of 1979," by amending section 6 (MCL 388.1606), as amended by 2003 PA 158.
The bill was read a first time by its title and referred to the Committee on Appropriations.
Reps. Casperson, Hummel, Pappageorge, Pastor, Nitz, Huizenga, Kooiman, Newell, Voorhees, Vander Veen, Ward, Hune, Stahl, Emmons, Farhat, Tabor, Shackleton, Mortimer and Garfield introduced
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.
The bill was read a first time by its title and referred to the Committee on Transportation.
Reps. Casperson, Hummel, Pappageorge, Pastor, Nitz, Palmer, Huizenga, Newell, Voorhees, Vander Veen, Caul, Ward, Stahl, Emmons, Farhat, Tabor, Shackleton, Kooiman, Mortimer, Caswell, Garfield and Taub introduced
House Bill No. 5274, entitled
A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending section 30312 (MCL 324.30312), as amended by 2003 PA 14.
The bill was read a first time by its title and referred to the Committee on Transportation.
Rep. Rivet introduced
House Bill No. 5275, entitled
A bill to amend 1980 PA 299, entitled "Occupational code," by amending sections 801, 804, 805, 805a, 806, and 807 (MCL 339.801, 339.804, 339.805, 339.805a, 339.806, and 339.807), sections 801, 804, 805, 805a, and 806 as amended by 1995 PA 217.
The bill was read a first time by its title and referred to the Committee on Regulatory Reform.
Reps. Gleason, O'Neil, Hummel, Hune, Rivet, Sak, Richardville, Robertson, Stahl, Bradstreet, Voorhees, Vander Veen, Hoogendyk, Huizenga, Pappageorge, Mortimer, Newell, Ward, Casperson, Milosch, Paletko, Farhat, Koetje, Stakoe, Moolenaar, Emmons, Drolet, Palmer, Brown, Sheltrown, Spade, Kooiman, Pastor and Acciavatti introduced
House Bill No. 5276, entitled
A bill to allow certain health facilities to object to providing or participating in certain procedures under certain circumstances; to provide for protection from certain liability; and to provide for remedies.
The bill was read a first time by its title and referred to the Committee on Health Policy.
Reps. Hummel, Rivet, Plakas, O'Neil, Gleason, Richardville, Robertson, Stahl, Bradstreet, Voorhees, Vander Veen, Hoogendyk, Huizenga, Pappageorge, Mortimer, Newell, Ward, Casperson, Milosch, Paletko, Kooiman, Farhat, Koetje, Stakoe, Hune, Moolenaar, Emmons, Drolet, Palmer, Brown, Sheltrown, Spade, Pastor and Acciavatti introduced
House Bill No. 5277, entitled
A bill to amend 1980 PA 350, entitled "The nonprofit health care corporation reform act," (MCL 550.1101 to 550.1704) by adding section 409a.
The bill was read a first time by its title and referred to the Committee on Health Policy.
Reps. Hummel, Rivet, Plakas, O'Neil, Gleason, Richardville, Robertson, Stahl, Bradstreet, Voorhees, Vander Veen, Hoogendyk, Huizenga, Pappageorge, Mortimer, Newell, Ward, Casperson, Brown, Kooiman, Farhat, Koetje, Stakoe, Hune, Moolenaar, Emmons, Drolet, Palmer, Milosch, Paletko, Sheltrown, Spade, Pastor and Acciavatti introduced
House Bill No. 5278, entitled
A bill to amend 1956 PA 218, entitled "The insurance code of 1956," (MCL 500.100 to 500.8302) by adding section 3406r.
The bill was read a first time by its title and referred to the Committee on Health Policy.
Rep. Accavitti introduced
House Bill No. 5279, entitled
A bill to amend 1986 PA 182, entitled "State police retirement act of 1986," by amending sections 3, 4, 14, 14a, 42, and 43 (MCL 38.1603, 38.1604, 38.1614, 38.1614a, 38.1642, and 38.1643), sections 3 and 14 as amended by 2000 PA 374, section 14a as added by 1995 PA 192, section 42 as amended by 1989 PA 191, and section 43 as amended by 2002 PA 96, and by adding section 24a.
The bill was read a first time by its title and referred to the Committee on Employment Relations, Training and Safety.
Rep. Ward introduced
House Bill No. 5280, entitled
A bill to amend 1976 PA 451, entitled "The revised school code," (MCL 380.1 to 380.1852) by adding section 1305.
The bill was read a first time by its title and referred to the Committee on Veterans Affairs and Homeland Security.
Rep. Mortimer introduced
House Bill No. 5281, entitled
A bill to amend 1956 PA 218, entitled "The insurance code of 1956," (MCL 500.100 to 500.8302) by adding section 410a.
The bill was read a first time by its title and referred to the Committee on Insurance.
Reps. Paletko, Kolb, Gillard, Bieda, Gleason, Condino, Elkins, Adamini, Byrum, Tobocman, Minore, Wojno, Spade, Lipsey, Sak, Plakas, Hopgood, Law, Hunter, Farrah, Gieleghem, O'Neil, Accavitti, Vagnozzi, Meisner, Anderson and Reeves introduced
House Bill No. 5282, entitled
A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending sections 11502and 11514 (MCL 324.11502 and 324.11514), section 11502 as amended by 1996 PA 359, and by adding section 11527a; and to repeal acts and parts of acts.
The bill was read a first time by its title and referred to the Committee on Land Use and Environment.
Reps. Gillard, Kolb, Bieda, Gleason, Condino, Elkins, Adamini, Byrum, Tobocman, Minore, Wojno, Spade, Paletko, Sak, Plakas, Lipsey, Farrah, Hopgood, Hunter, Gieleghem, O'Neil, Law, Accavitti, Vagnozzi, Meisner, Anderson and Reeves introduced
House Bill No. 5283, entitled
A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending sections 11506, 11546, and 11549 (MCL 324.11506, 324.11546, and 324.11549), section 11506 as amended by 1998 PA 466.
The bill was read a first time by its title and referred to the Committee on Land Use and Environment.
Reps. Gleason, Kolb, Gillard, Bieda, Condino, Elkins, Adamini, Byrum, Tobocman, Minore, Wojno, Spade, Paletko, Lipsey, Sak, Plakas, Farrah, Hopgood, Law, Hunter, Gieleghem, O'Neil, Accavitti, Vagnozzi, Meisner, Anderson and Reeves introduced
House Bill No. 5284, entitled
A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," (MCL 324.101 to 324.90106) by adding section 11514a.
The bill was read a first time by its title and referred to the Committee on Land Use and Environment.
Reps. Law, Kolb, Gillard, Bieda, Gleason, Condino, Elkins, Byrum, Adamini, Tobocman, Minore, Wojno, Paletko, Sak, Spade, Lipsey, Plakas, Farrah, Hopgood, Hunter, Gieleghem, O'Neil, Accavitti, Vagnozzi, Meisner, Anderson and Reeves introduced
House Bill No. 5285, entitled
A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," (MCL 324.101 to 324.90106) by adding sections 11526a and 11526b.
The bill was read a first time by its title and referred to the Committee on Land Use and Environment.
Reps. Farrah, Kolb, Gillard, Bieda, Gleason, Condino, Adamini, Elkins, Minore, Byrum, Tobocman, Wojno, Sak, Spade, Lipsey, Paletko, Plakas, Hopgood, Law, Hunter, Gieleghem, O'Neil, Accavitti, Vagnozzi, Meisner, Anderson and Reeves introduced
House Bill No. 5286, entitled
A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending section 11549 (MCL 324.11549).
The bill was read a first time by its title and referred to the Committee on Land Use and Environment.
Reps. Farrah, Kolb, Gillard, Bieda, Gleason, Condino, Elkins, Byrum, Adamini, Tobocman, Minore, Wojno, Lipsey, Spade, Paletko, Sak, Plakas, Hopgood, Law, Hunter, Gieleghem, O'Neil, Accavitti, Vagnozzi, Meisner, Anderson and Reeves introduced
House Bill No. 5287, entitled
A bill to amend 1927 PA 175, entitled "The code of criminal procedure," by amending section 13c of chapter XVII (MCL 777.13c), as added by 2002 PA 30.
The bill was read a first time by its title and referred to the Committee on Land Use and Environment.
Rep. Walker introduced
House Bill No. 5288, entitled
A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending sections 32501, 32512, and 80159 (MCL 324.32501, 324.32512, and 324.80159), sections 32501 and 32512 as added by 1995 PA 59 and section 80159 as added by 1995 PA 58.
The bill was read a first time by its title and referred to the Committee on Great Lakes and Tourism.
______
Rep. Sheltrown moved that the House adjourn.
The motion prevailed, the time being 5:40 p.m.
The Speaker Pro Tempore declared the House adjourned until Wednesday, November 12, at 1:00 p.m.
GARY L. RANDALL
Clerk of the House of Representatives