No. 86
STATE OF MICHIGAN
JOURNAL
OF THE
House of Representatives
92nd Legislature
REGULAR SESSION OF 2003
House Chamber, Lansing, Wednesday, November 12, 2003.
1:00 p.m.
The House was called to order by the Speaker Pro Tempore.
The roll was called by the Clerk of the House of Representatives, who announced that a quorum was present.
Accavitti--present Garfield--present Meyer--present Sheen--present
Acciavatti--present Gieleghem--present Middaugh--present Sheltrown--present
Adamini--present Gillard--excused Milosch--present Shulman--present
Amos--present Gleason--present Minore--present Smith--present
Anderson--present Hager--present Moolenaar--present Spade--present
Bieda--present Hardman--present 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--present Hunter--present Pappageorge--present Van Regenmorter--present
Clack--present Jamnick--present Pastor--present Vander Veen--present
Condino--present Johnson, Rick--present Phillips--e/d/s Voorhees--present
Daniels--present Johnson, Ruth--present Plakas--present Walker--present
Dennis--present Julian--present Pumford--present Ward--present
DeRoche--present Koetje--present Reeves--present Waters--present
DeRossett--present Kolb--present Richardville--present Wenke--present
Drolet--present Kooiman--present Rivet--present Whitmer--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. Glenn Steil, Jr., from the 72nd District, offered the following invocation:
"Dear God, we are so grateful to live in a nation where we are free to worship and praise You. We thank You for the brave men and women who served and fought to protect our freedom, like those we honored yesterday, and we pray for You to watch over those who protect this country today. Lord, we ask that You watch over this legislature, and that we keep Your will in mind as we make wise, rational decisions. Please give us the understanding to know that we are all unique in Your eyes, and that while we all may not always agree with one another, we are all Your children, and we are brothers and sisters in You. As the holidays approach, there are so many exciting and interesting things that command our attention. Please, Lord, remind us that all the blessings life can bring are in our family, friends and faith. We ask this in Your name and in Christ our Savior. Amen."
______
Rep. Waters moved that Reps. Gillard and Whitmer be excused from today's session.
The motion prevailed.
Rep. Plakas moved that Rep. Kolb be excused temporarily from today's session.
The motion prevailed.
Rep. Palmer moved that Rep. DeRossett be excused temporarily from today's session.
The motion prevailed.
Messages from the Senate
The Speaker laid before the House
House Bill No. 4753, entitled
A bill to amend 1949 PA 300, entitled "Michigan vehicle code," by amending section 57b (MCL 257.57b).
(The bill was received from the Senate on November 5, with substitute (S-1), full title inserted and immediate effect given by the Senate, consideration of which, under the rules, was postponed until November 6, see House Journal No. 84, p. 2059.)
The question being on concurring in the substitute (S-1) made to the bill by the Senate,
The substitute (S-1) was concurred in, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 617 Yeas--104
Accavitti Garfield Meyer Sheen
Acciavatti Gieleghem Middaugh Sheltrown
Adamini Gleason Milosch Shulman
Amos Hager Minore Smith
Anderson Hardman Moolenaar Spade
Bieda Hart Mortimer Stahl
Bisbee Hood Murphy Stakoe
Bradstreet Hoogendyk Newell Stallworth
Brown Hopgood Nitz Steil
Byrum Howell Nofs Stewart
Casperson Huizenga O'Neil Tabor
Caswell Hummel Paletko Taub
Caul Hune Palmer Tobocman
Cheeks Hunter Palsrok Vagnozzi
Clack Jamnick Pappageorge Van Regenmorter
Condino Johnson, Rick Pastor Vander Veen
Daniels Johnson, Ruth Plakas Voorhees
Dennis Julian Pumford Walker
DeRoche Koetje 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
Nays--1
Brandenburg
In The Chair: Julian
The House agreed to the full title of the bill.
The bill was referred to the Clerk for enrollment printing and presentation to the Governor.
The Speaker laid before the House
House Bill No. 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 bill was received from the Senate on November 6, with substitute (S-1) and immediate effect given by the Senate, consideration of which, under the rules, was postponed until today, see House Journal No. 85, p. 2086.) The question being on concurring in the substitute (S-1) made to the bill by the Senate,
The substitute (S-1) was concurred in, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 618 Yeas--103
Accavitti Gaffney Meyer Sheltrown
Acciavatti Garfield Middaugh Shulman
Adamini Gieleghem Milosch Smith
Amos Gleason Minore Spade
Anderson Hager Moolenaar Stahl
Bieda Hardman Mortimer Stakoe
Bisbee Hart Murphy Stallworth
Bradstreet Hood Newell Steil
Brandenburg Hoogendyk Nitz Stewart
Brown Hopgood Nofs Tabor
Byrum Howell O'Neil Taub
Casperson Huizenga Paletko Tobocman
Caswell Hummel Palmer Vagnozzi
Caul Hune Palsrok Van Regenmorter
Cheeks Hunter Pappageorge Vander Veen
Clack Johnson, Rick Pastor Voorhees
Condino Johnson, Ruth Plakas Walker
Daniels Julian Pumford Ward
Dennis Koetje Reeves Waters
DeRoche Kooiman Richardville Wenke
Drolet LaJoy Robertson Williams
Ehardt LaSata Rocca Wojno
Elkins Law Sak Woodward
Emmons Lipsey Shackleton Woronchak
Farhat McConico Shaffer Zelenko
Farrah Meisner Sheen
Nays--1
Jamnick
In The Chair: Julian
The bill was referred to the Clerk for enrollment printing and presentation to the Governor.
______
Rep. Jamnick, having reserved the right to explain her nay vote, made the following statement:
"Mr. Speaker and members of the House:
I voted against the Senate concurrence of House Bill 4263 because the Senate amendment would not be applicable for the entire state. In the bill as passed the House, all local units regardless of where they are located could use this economic tool.
In the version returned to us, only communities in Macomb, Wayne and Oakland Counties can utilize this tool. I believe that if this is good public policy for Southeast Michigan then it should be good public policy throughout the state."
The Speaker laid before the House
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 bill was received from the Senate on November 6, with substitute (S-1), full title inserted and immediate effect given by the Senate, consideration of which, under the rules, was postponed until today, see House Journal No. 85, p.2087.)
The question being on concurring in the substitute (S-1) made to the bill by the Senate,
The substitute (S-1) was concurred in, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 619 Yeas--86
Accavitti Gieleghem Meisner Shulman
Acciavatti Gleason Meyer Smith
Adamini Hager Milosch Spade
Amos Hardman Minore Stakoe
Anderson Hart Moolenaar Stallworth
Bieda Hood Mortimer Stewart
Bisbee Hoogendyk Murphy Tabor
Brown Hopgood Newell Taub
Byrum Howell O'Neil Tobocman
Casperson Huizenga Paletko Vagnozzi
Cheeks Hummel Palsrok Vander Veen
Clack Hune Plakas Voorhees
Condino Hunter Pumford Walker
Daniels Jamnick Reeves Ward
Dennis Johnson, Rick Richardville Waters
DeRossett Julian Rivet Wenke
Drolet Kolb Rocca Williams
Elkins Kooiman Sak Wojno
Emmons LaJoy Shaffer Woodward
Farhat Law Sheen Woronchak
Farrah Lipsey Sheltrown Zelenko
Gaffney McConico
Nays--21
Bradstreet Garfield Nitz Robertson
Brandenburg Johnson, Ruth Nofs Shackleton
Caswell Koetje Palmer Stahl
Caul LaSata Pappageorge Steil
DeRoche Middaugh Pastor Van Regenmorter
Ehardt
In The Chair: Julian
The House agreed to the full title of the bill.
The bill was referred to the Clerk for enrollment printing and presentation to the Governor.
______
Rep. Phillips entered the House Chambers.
House Bill No. 4599, entitled
A bill to repeal local acts restricting hunting on Sundays in the counties of Tuscola, Lenawee, Hillsdale, and St. Clair.
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.
Rep. Kooiman moved that Rule 45 be suspended.
The motion prevailed, 3/5 of the members present voting therefor.
The question being on concurring in the (S-1) made to the bill by the Senate,
The substitute (S-1) was concurred in, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 620 Yeas--83
Acciavatti Farhat McConico Sak
Adamini Farrah Meisner Shackleton
Amos Gaffney Meyer Shaffer
Bieda Garfield Milosch Sheen
Bisbee Gieleghem Moolenaar Sheltrown
Bradstreet Gleason Mortimer Shulman
Brandenburg Hager Murphy Stahl
Brown Hart Newell Stakoe
Byrum Hoogendyk Nitz Steil
Casperson Howell Nofs Stewart
Caswell Huizenga O'Neil Tabor
Caul Hummel Paletko Taub
Cheeks Hune Palmer Walker
Condino Hunter Palsrok Ward
Dennis Johnson, Rick Pastor Waters
DeRoche Julian Phillips Wenke
DeRossett Koetje Pumford Williams
Drolet Kooiman Richardville Wojno
Ehardt LaJoy Rivet Woodward
Elkins LaSata Robertson Woronchak
Emmons Law Rocca
Nays--25
Accavitti Jamnick Pappageorge Tobocman
Anderson Johnson, Ruth Plakas Vagnozzi
Clack Kolb Reeves Van Regenmorter
Daniels Lipsey Smith Vander Veen
Hardman Middaugh Spade Voorhees
Hood Minore Stallworth Zelenko
Hopgood
In The Chair: Julian
The bill was referred to the Clerk for enrollment printing and presentation to the Governor.
Second Reading of Bills
House Bill No. 5045, entitled
A bill to amend 1956 PA 218, entitled "The insurance code of 1956," by amending section 3102 (MCL 500.3102), as amended by 1990 PA 79.
The bill was read a second time.
Rep. Woodward moved to amend the bill as follows:
1. Amend page 2, following line 18, by inserting:
"(4)(a) An insurer shall notify the secretary of state if a policy expires without being renewed or is terminated or if a policyholder cancels his or her automobile insurance policy. An insurer shall also notify the secretary of state when it sells or provides coverage for the vehicle. The notice of expiration, termination, cancellation or purchase shall contain all of the following information:
(i) The vehicle identification number.
(ii) The name and address of the insurer.
(iii) The insurance policy number.
(iv) The time and date of expiration, termination, cancellation or purchase.
(b) Notice under this subsection must be made within 14 days of the occurrence of the expiration, termination, cancellation or purchase.".
The question being on the adoption of the amendment offered by Rep. Woodward,
Rep. Woodward demanded the yeas and nays.
The demand was supported.
The question being on the adoption of the amendment offered by Rep. Woodward,
The amendment was not adopted, a majority of the members serving not voting therefor, by yeas and nays, as follows:
Roll Call No. 621 Yeas--44
Accavitti Elkins Lipsey Sheltrown
Adamini Farrah McConico Smith
Anderson Gieleghem Meisner Spade
Bieda Gleason Minore Stallworth
Brown Hardman Murphy Tobocman
Byrum Hood O'Neil Vagnozzi
Caul Hopgood Paletko Waters
Cheeks Hunter Plakas Williams
Clack Jamnick Reeves Wojno
Condino Kolb Rivet Woodward
Dennis Law Sak Zelenko
Nays--59
Acciavatti Hoogendyk Mortimer Shulman
Amos Huizenga Newell Stahl
Bisbee Hummel Nitz Stakoe
Bradstreet Hune Nofs Steil
Brandenburg Johnson, Rick Palmer Stewart
Casperson Johnson, Ruth Palsrok Tabor
Caswell Julian Pappageorge Taub
DeRoche Koetje Pastor Van Regenmorter
DeRossett Kooiman Pumford Vander Veen
Drolet LaJoy Richardville Voorhees
Emmons LaSata Robertson Walker
Farhat Meyer Rocca Ward
Garfield Middaugh Shackleton Wenke
Hager Milosch Shaffer Woronchak
Hart Moolenaar Sheen
In The Chair: Julian
Rep. Woodward moved to amend the bill as follows:
1. Amend page 2, line 10, after "$1,000.00" by striking out the comma and "or both." and inserting "or be required to purchase a six-month no-cancellation no-fault policy.".
The question being on the adoption of the amendment offered by Rep. Woodward,
Rep. Woodward demanded the yeas and nays.
The demand was supported.
The question being on the adoption of the amendment offered by Rep. Woodward,
The amendment was not adopted, a majority of the members serving not voting therefor, by yeas and nays, as follows:
Roll Call No. 622 Yeas--44
Accavitti Elkins Lipsey Sheltrown
Adamini Farrah McConico Smith
Anderson Gieleghem Meisner Spade
Bieda Gleason Minore Stallworth
Brown Hardman Murphy Tobocman
Byrum Hood O'Neil Vagnozzi
Cheeks Hopgood Phillips Waters
Clack Hunter Plakas Williams
Condino Jamnick Reeves Wojno
Daniels Kolb Rivet Woodward
Dennis Law Sak Zelenko
Nays--62
Acciavatti Hart Mortimer Sheen
Amos Hoogendyk Newell Shulman
Bisbee Huizenga Nitz Stahl
Bradstreet Hummel Nofs Stakoe
Brandenburg Hune Paletko Steil
Casperson Johnson, Rick Palmer Stewart
Caswell Johnson, Ruth Palsrok Tabor
Caul Julian Pappageorge Taub
DeRoche Koetje Pastor Van Regenmorter
DeRossett Kooiman Pumford Vander Veen
Drolet LaJoy Richardville Voorhees
Ehardt LaSata Robertson Walker
Emmons Meyer Rocca Ward
Farhat Middaugh Shackleton Wenke
Garfield Milosch Shaffer Woronchak
Hager Moolenaar
In The Chair: Julian
Rep. Woodward moved to amend the bill as follows:
1. Amend page 2, line 9, after "punished" by striking out "by imprisonment for not more than 1 year".
2. Amend page 2, line 10, after "$1,000.00" by striking out the comma and "or both".
The motion did not prevail and the amendments were not adopted, a majority of the members serving not voting therefor.
Rep. Bieda moved to amend the bill as follows:
1. Amend page 2, following line 18, by inserting:
"Enacting section 1. This amendatory act does not take effect unless House Bill No. 4268 of the 92nd Legislature is enacted into law.".
The question being on the adoption of the amendment offered by Rep. Bieda,
Rep. Bieda demanded the yeas and nays.
The demand was supported.
The question being on the adoption of the amendment offered by Rep. Bieda,
The amendment was not adopted, a majority of the members serving not voting therefor, by yeas and nays, as follows:
Roll Call No. 623 Yeas--43
Accavitti Ehardt Lipsey Sheltrown
Adamini Elkins Meisner Spade
Anderson Farrah Minore Stallworth
Bieda Gieleghem Murphy Tobocman
Brown Gleason O'Neil Vagnozzi
Byrum Hardman Paletko Waters
Cheeks Hood Phillips Williams
Clack Hopgood Plakas Wojno
Condino Hunter Reeves Woodward
Daniels Jamnick Rivet Zelenko
Dennis Law Sak
Nays--61
Acciavatti Hoogendyk Moolenaar Sheen
Amos Huizenga Mortimer Shulman
Bisbee Hummel Newell Stahl
Bradstreet Hune Nitz Stakoe
Brandenburg Johnson, Rick Nofs Steil
Casperson Johnson, Ruth Palmer Stewart
Caswell Julian Palsrok Tabor
Caul Koetje Pappageorge Taub
DeRoche Kolb Pastor Van Regenmorter
DeRossett Kooiman Pumford Vander Veen
Drolet LaJoy Richardville Voorhees
Emmons LaSata Robertson Walker
Farhat Meyer Rocca Ward
Garfield Middaugh Shackleton Wenke
Hager Milosch Shaffer Woronchak
Hart
In The Chair: Julian
Rep. Woronchak moved to amend the bill as follows:
1. Amend page 2, line 8, by striking out "may" and inserting "shall".
The motion prevailed and the amendment was adopted, a majority of the members serving voting therefor.
Rep. Woodward moved to amend the bill as follows:
1. Amend page 1, line 4, after "state" by striking out "for an aggregate of more than 30 days in any calendar year".
The question being on the adoption of the amendment offered by Rep. Woodward,
Rep. Woodward demanded the yeas and nays.
The demand was supported.
The question being on the adoption of the amendment offered by Rep. Woodward,
The amendment was not adopted, a majority of the members serving not voting therefor, by yeas and nays, as follows:
Roll Call No. 624 Yeas--54
Accavitti Dennis Lipsey Sak
Acciavatti Elkins McConico Sheltrown
Adamini Farhat Meisner Smith
Amos Farrah Milosch Spade
Anderson Gieleghem Minore Stallworth
Bieda Gleason Murphy Taub
Brandenburg Hardman Nofs Tobocman
Brown Hood O'Neil Vagnozzi
Byrum Hopgood Paletko Waters
Casperson Hunter Phillips Williams
Cheeks Jamnick Plakas Wojno
Clack Kolb Reeves Woodward
Condino LaJoy Rivet Zelenko
Daniels Law
Nays--49
Bisbee Hummel Newell Sheen
Bradstreet Hune Nitz Shulman
Caswell Johnson, Rick Palmer Stahl
Caul Johnson, Ruth Palsrok Steil
DeRoche Julian Pappageorge Tabor
DeRossett Koetje Pastor Van Regenmorter
Drolet Kooiman Pumford Vander Veen
Emmons LaSata Richardville Voorhees
Garfield Meyer Robertson Walker
Hager Middaugh Rocca Ward
Hart Moolenaar Shackleton Wenke
Hoogendyk Mortimer Shaffer Woronchak
Huizenga
In The Chair: Julian
Rep. Woronchak 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. 5045, entitled
A bill to amend 1956 PA 218, entitled "The insurance code of 1956," by amending section 3102 (MCL 500.3102), as amended by 1990 PA 79.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 625 Yeas--67
Accavitti Gaffney Meyer Shackleton
Acciavatti Garfield Middaugh Shaffer
Amos Hager Milosch Sheen
Anderson Hart Mortimer Shulman
Bieda Hoogendyk Newell Spade
Bisbee Huizenga Nitz Stahl
Brandenburg Hummel O'Neil Steil
Brown Hune Paletko Taub
Casperson Jamnick Palmer Vagnozzi
Caswell Johnson, Rick Palsrok Van Regenmorter
Caul Julian Pappageorge Vander Veen
Dennis Koetje Pastor Voorhees
DeRoche Kolb Pumford Ward
DeRossett Kooiman Richardville Wenke
Ehardt LaJoy Robertson Wojno
Emmons LaSata Rocca Woronchak
Farhat Law Sak
Nays--40
Adamini Gieleghem Minore Stakoe
Bradstreet Gleason Moolenaar Stallworth
Byrum Hardman Murphy Stewart
Cheeks Hood Nofs Tabor
Clack Hopgood Phillips Tobocman
Condino Hunter Plakas Walker
Daniels Johnson, Ruth Reeves Waters
Drolet Lipsey Rivet Williams
Elkins McConico Sheltrown Woodward
Farrah Meisner Smith Zelenko
In The Chair: Julian
The House agreed to the title of the bill.
Rep. Richardville moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
______
Rep. Meisner, having reserved the right to explain his protest against the passage of the bill, made the following statement:
"Mr. Speaker and members of the House:
Under current law in Michigan there exists a situation where insurance companies are engaging in the practices of 'red-lining' and credit scoring. The result is a variation in pricing that is punitive and unfair in nature. What's more, one's credit should not reflect, at all, on the insurance rates one pays.
I voted against this bill because any legislative package that does not address the issues I've raised misses the point and does not deserve support. The most effective use of taxpayer dollars is to deal with these issues in a comprehensive fashion. The House did not do that today."
Reps. Zelenko, Waters and Condino, having reserved the right to explain their protest against the passage of the bill, made the following statement:
"Mr. Speaker and members of the House:
I voted no on House Bill 5045 because the bill fails to address the real problem behind uninsured drivers, the exorbitant rates of insurance. We live in a state where people are particularly dependent upon the use of a motor vehicle as part of their daily lives (a dependence that is encouraged by among other things, urban sprawl, freeways and poor public transportation).
The State of Michigan requires people to buy no-fault insurance, as a result, the State owes a duty to its citizens to make sure that insurance is available to everyone at reasonable rates. Unfortunately, many people in our urban areas face insurance rates that are so high, particularly when compared to their suburban neighbors, that they are forced to choose between purchasing insurance and putting food on the table.
Clearly what is needed to solve the problem of people driving without insurance is a significant change in the regulation of the industry - the elimination of territorial pricing that inflates rates in some areas in order to decrease them in others, the use of premium discounts to drive up base rates, the use of credit scoring, the ability of insurance companies to increase their rates without notice to their customers or the approval of the insurance commissioner, the gross disparity between rates in neighboring communities that makes people feel they are being cheated by the insurance companies, the fact that uninsured motorists are rarely caught and a host of other changes aimed at forcing insurance rates down. All of these issues should be addressed before we go after the simplistic 'solution' of increasing penalties."
Rep. Adamini, having reserved the right to explain his protest against the passage of the bill, made the following statement:
"Mr. Speaker and members of the House:
I voted no on House Bill 5045 because it appears to address a serious problem but will have no real impact. The bill presumes that uninsured motorists are motivated solely by the fact that in many cases the fine for an uninsured driver can be less than the amount the driver would have to pay for insurance. But most people don't think that way - most people who violate the law do so because they don't believe that they will be caught.
Uninsured drivers are a serious problem, but I cannot support legislation that will simply increase the penalty without dealing with the underlying problems. While increasing the cost of being caught should be part of a package to deal with the problem, it should be the last step, not the first.
What this state needs is to address the difficulty of identifying uninsured drivers, not a higher penalty. Other states have implemented laws requiring insurance companies to help the State keep track of those drivers who have insurance. This has allowed police to identify vehicles that have proper insurance by registration number, making it much more likely that uninsured motorists will be caught and punished. Increasing the likelihood that uninsured motorists will be caught is a far more effective means of reducing the number of uninsured motorists than increasing a penalty that few motorist will ever be forced to pay.
Michigan's automobile registration system, like that of many other states does nothing to help the police to track uninsured drivers. Although drivers are required to show proof of insurance in order to register their vehicle each year, there is no requirement to alert the Secretary of State and the police when a driver's insurance has lapsed, expired or been cancelled (this is in spite of the fact that the insurers are acutely aware of when a person's insurance coverage has ended). Even worse, on the rare occasions when a person without insurance is stopped by the police, the lack of standardization in proof of insurance papers makes it hard to know whether the proof offered is real or fake. Currently, each insurer is allowed to create its own proof of insurance - they are of differing shapes, sizes, print, and paper and are not easily identified by either police or policy holders."
Announcement by the Clerk of Printing and Enrollment
The Clerk announced that the following bills had been printed and placed upon the files of the members on Wednesday, November 5:
Senate Bill Nos. 819 825 826 827
The Clerk announced that the following bills had been printed and placed upon the files of the members on Friday, November 7:
House Bill Nos. 5266 5267 5268 5269 5270 5271 5272 5273 5274 5275 5276 5277 5278 5279 5280 5281 5282 5283 5284 5285 5286 5287 5288
The Clerk announced the enrollment printing and presentation to the Governor on Wednesday, November 12, for her approval of the following bills:
Enrolled House Bill No. 4283 at 3:17 p.m.
Enrolled House Bill No. 4613 at 3:19 p.m.
Enrolled House Bill No. 4660 at 3:21 p.m.
Enrolled House Bill No. 4907 at 3:23 p.m.
Enrolled House Bill No. 4950 at 3:25 p.m.
Enrolled House Bill No. 5054 at 3:27 p.m.
The Clerk announced that the following Senate bills had been received on Wednesday, November 12:
Senate Bill Nos. 637 820 821 822 824
By unanimous consent the House returned to the order of
Reports of Standing Committees
The Committee on Commerce, by Rep. Bisbee, Chair, reported
House Bill No. 5264, 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.
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. Bisbee, DeRoche, Koetje, Drolet, Huizenga, Hune, Milosch, Palsrok, Wenke, Rivet, O'Neil, McConico, Lipsey, Murphy, Tobocman and Accavitti
Nays: None
The Committee on Commerce, by Rep. Bisbee, Chair, reported
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.
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. Bisbee, DeRoche, Koetje, Middaugh, Drolet, Huizenga, Hune, Palsrok, Wenke, Rivet, McConico, Murphy, Tobocman and Accavitti
Nays: None
The Committee on Commerce, by Rep. Bisbee, Chair, reported
Senate Bill No. 474, entitled
A bill to regulate the business of deferred presentment services; to require the licensing of providers of deferred presentment services; to prescribe powers and duties of certain state agencies and officials; and to prescribe penalties and provide remedies.
With the recommendation that the substitute (H-6) 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. Bisbee, DeRoche, Koetje, Middaugh, Huizenga, Hune, Milosch, Palsrok, Wenke, O'Neil and McConico
Nays: Rep. Tobocman
The Committee on Commerce, by Rep. Bisbee, Chair, reported
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.
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. Bisbee, DeRoche, Middaugh, Drolet, Huizenga, Hune, Palsrok, Wenke, Rivet, O'Neil, McConico, Murphy, Tobocman and Accavitti
Nays: None
The Committee on Commerce, by Rep. Bisbee, Chair, reported
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.
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. Bisbee, DeRoche, Middaugh, Drolet, Huizenga, Hune, Palsrok, Wenke, O'Neil, Murphy, Tobocman and Accavitti
Nays: None
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Bisbee, Chair of the Committee on Commerce, was received and read:
Meeting held on: Wednesday, November 12, 2003, at 9:00 a.m.
Present: Reps. Bisbee, DeRoche, Koetje, Middaugh, Drolet, Palmer, Huizenga, Hune, Milosch, Palsrok, Wenke, Rivet, O'Neil, McConico, Murphy, Tobocman and Accavitti
Absent: Reps. Howell and Lipsey
Excused: Reps. Howell and Lipsey
______
Rep. Caswell moved that Rep. Woronchak be excused from the balance of today's session.
The motion prevailed.
Rep. Sak moved that Rep. O'Neil be excused from the balance of today's session.
The motion prevailed.
Second Reading of Bills
Rep. Richardville moved that Rule 48 be suspended.
The motion prevailed, 3/5 of the members present voting therefor.
Senate Bill No. 474, entitled
A bill to regulate the business of deferred presentment services; to require the licensing of providers of deferred presentment services; to prescribe powers and duties of certain state agencies and officials; and to prescribe penalties and provide remedies.
Was read a second time, and the question being on the adoption of the proposed substitute (H-6) previously recommended by the Committee on Commerce,
The substitute (H-6) was adopted, a majority of the members serving voting therefor.
Rep. Woodward moved to amend the bill as follows:
1. Amend page 40, line 2, by striking out all of section 48.
The question being on the adoption of the amendment offered by Rep. Woodward,
Rep. Woodward demanded the yeas and nays.
The demand was supported.
The question being on the adoption of the amendment offered by Rep. Woodward,
The amendment was not adopted, a majority of the members serving not voting therefor, by yeas and nays, as follows:
Roll Call No. 626 Yeas--48
Accavitti Elkins Law Sak
Adamini Farrah Lipsey Sheltrown
Anderson Gieleghem McConico Smith
Bieda Gleason Meisner Spade
Brown Hardman Minore Stallworth
Byrum Hart Murphy Tobocman
Cheeks Hood Paletko Vagnozzi
Clack Hopgood Phillips Waters
Condino Hunter Plakas Williams
Daniels Jamnick Reeves Wojno
Dennis Kolb Rivet Woodward
DeRossett LaSata Rocca Zelenko
Nays--58
Acciavatti Hager Moolenaar Sheen
Amos Hoogendyk Mortimer Shulman
Bisbee Howell Newell Stahl
Bradstreet Huizenga Nitz Stakoe
Brandenburg Hummel Nofs Steil
Casperson Hune Palmer Stewart
Caswell Johnson, Rick Palsrok Tabor
Caul Johnson, Ruth Pappageorge Taub
DeRoche Julian Pastor Van Regenmorter
Drolet Koetje Pumford Vander Veen
Ehardt Kooiman Richardville Voorhees
Emmons LaJoy Robertson Walker
Farhat Meyer Shackleton Ward
Gaffney Middaugh Shaffer Wenke
Garfield Milosch
In The Chair: Julian
______
Rep. Brandenburg moved that Rep. Caswell be excused temporarily from today's session.
The motion prevailed.
Rep. Tobocman moved to amend the bill as follows:
1. Amend page 19, line 25, after "exceed" by striking out "14%" and inserting "10%".
The question being on the adoption of the amendment offered by Rep. Tobocman,
Rep. Tobocman demanded the yeas and nays.
The demand was supported.
The question being on the adoption of the amendment offered by Rep. Tobocman,
The amendment was not adopted, a majority of the members serving not voting therefor, by yeas and nays, as follows:
Roll Call No. 627 Yeas--55
Accavitti DeRossett LaJoy Rocca
Acciavatti Elkins Law Sak
Adamini Farhat Lipsey Sheltrown
Amos Farrah McConico Smith
Anderson Gieleghem Meisner Spade
Bieda Gleason Minore Stallworth
Brown Hager Mortimer Tobocman
Byrum Hardman Murphy Vagnozzi
Caul Hart Nofs Waters
Cheeks Hood Paletko Williams
Clack Hopgood Phillips Wojno
Condino Hunter Plakas Woodward
Daniels Jamnick Reeves Zelenko
Dennis Kolb Rivet
Nays--48
Bisbee Huizenga Newell Stahl
Bradstreet Hummel Nitz Stakoe
Brandenburg Hune Palmer Steil
Casperson Johnson, Rick Palsrok Stewart
DeRoche Johnson, Ruth Pappageorge Tabor
Drolet Julian Pastor Taub
Ehardt Koetje Richardville Van Regenmorter
Emmons LaSata Robertson Vander Veen
Gaffney Meyer Shackleton Voorhees
Garfield Middaugh Shaffer Walker
Hoogendyk Milosch Sheen Ward
Howell Moolenaar Shulman Wenke
In The Chair: Julian
Rep. Hune moved to amend the bill as follows:
1. Amend page 15, following line 12, by inserting:
"(8) The response to an inquiry to the database provider by a licensee shall only state that a person is eligible or ineligible for a new deferred presentment service transaction or a limited recourse service transaction and describe the reason for that determination. Only the person seeking the transaction may make a direct inquiry to the database provider to request a more detailed explanation of a particular transaction that was the basis for the ineligibility determination. Any information regarding any person's transactional history is confidential, is not subject to public inspection, and is not a public record subject to the disclosure requirements of the freedom of information act, 1976 PA 442, MCL 15.231 to 15.246." and renumbering the remaining subsections.
2. Amend page 23, line 19, after "in" by striking out "this subsection" and inserting "subsection (2)".
The motion prevailed and the amendments were adopted, a majority of the members serving voting therefor.
Rep. Rivet moved to amend the bill as follows:
1. Amend page 15, line 16, after "only" by striking out the balance of the subsection and inserting "for the purposes of this act and shall not have access to the additional data available to licensees under subsection (4)(d).".
2. Amend page 15, line 22, by striking out "of" and inserting "or".
3 Amend page 23, line 6, after "(a)" by striking "Verifying" and inserting "If the commissioner has not implemented a database under section 22 or the database described in subsection (1) is not fully operational, verifying".
4. Amend page 24, line 19, after "pass" by inserting "up to".
The motion prevailed and the amendments were adopted, a majority of the members serving voting therefor.
Rep. Palsrok moved that consideration of the bill be postponed temporarily.
The motion prevailed.
House Bill No. 5222, entitled
A bill to amend 1999 PA 244, entitled "An act to require tobacco product manufacturers to place funds in escrow for medical expenses incurred by the state due to tobacco related illnesses; to establish a formula for determining the amount of the escrow; to establish the conditions for release of funds from escrow; to prescribe powers and duties of the attorney general; and to provide for civil penalties for violation of this act," by amending section 2 (MCL 445.2052).
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.
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. 5222, entitled
A bill to amend 1999 PA 244, entitled "An act to require tobacco product manufacturers to place funds in escrow formedical expenses incurred by the state due to tobacco related illnesses; to establish a formula for determining the amount of the escrow; to establish the conditions for release of funds from escrow; to prescribe powers and duties of the attorney general; and to provide for civil penalties for violation of this act," by amending section 2 (MCL 445.2052).
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 628 Yeas--88
Accavitti Gleason Meyer Sheltrown
Adamini Hager Middaugh Shulman
Amos Hardman Minore Smith
Anderson Hart Moolenaar Spade
Bieda Hood Murphy Stallworth
Bisbee Hopgood Newell Steil
Brown Howell Nitz Stewart
Byrum Huizenga Nofs Tabor
Caul Hune Paletko Taub
Cheeks Hunter Palsrok Tobocman
Clack Jamnick Pappageorge Vagnozzi
Condino Johnson, Rick Pastor Van Regenmorter
Daniels Julian Phillips Vander Veen
Dennis Koetje Plakas Voorhees
DeRoche Kolb Pumford Walker
Elkins Kooiman Reeves Ward
Emmons LaJoy Richardville Waters
Farhat LaSata Rivet Wenke
Farrah Law Robertson Williams
Gaffney Lipsey Rocca Wojno
Garfield McConico Sak Woodward
Gieleghem Meisner Shackleton Zelenko
Nays--16
Acciavatti Caswell Hoogendyk Palmer
Bradstreet DeRossett Hummel Sheen
Brandenburg Drolet Johnson, Ruth Stahl
Casperson Ehardt Milosch Stakoe
In The Chair: Julian
The House agreed to the title of the bill.
Rep. Richardville moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
Rep. Sheen, having reserved the right to explain his protest against the passage of the bill, made the following statement:
"Mr. Speaker and members of the House:
I do not believe that the tobacco companies that were not in existence when the offense on which the original companies settled should be taxed or put at a disadvantage for what they had no part."
Second Reading of Bills
House Bill No. 5221, entitled
A bill to amend 1993 PA 327, entitled "Tobacco products tax act," (MCL 205.421 to 205.436) by amending the title, as amended by 1997 PA 187, and by adding section 6d.
The bill was read a second time.
Rep. Wenke 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. 5221, entitled
A bill to amend 1993 PA 327, entitled "Tobacco products tax act," (MCL 205.421 to 205.436) by amending the title, as amended by 1997 PA 187, and by adding section 6d.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 629 Yeas--84
Accavitti Garfield Meisner Sheltrown
Adamini Gieleghem Meyer Shulman
Amos Gleason Middaugh Spade
Anderson Hager Minore Stallworth
Bieda Hardman Moolenaar Steil
Bisbee Hart Murphy Stewart
Brown Hood Newell Tabor
Byrum Hopgood Nitz Taub
Caul Howell Nofs Tobocman
Cheeks Huizenga Paletko Vagnozzi
Clack Hunter Palsrok Van Regenmorter
Condino Jamnick Pappageorge Vander Veen
Daniels Johnson, Rick Pastor Voorhees
Dennis Julian Phillips Walker
DeRoche Koetje Plakas Ward
Ehardt Kooiman Pumford Waters
Elkins LaJoy Richardville Wenke
Emmons LaSata Rivet Williams
Farhat Law Sak Wojno
Farrah Lipsey Shackleton Woodward
Gaffney McConico Shaffer Zelenko
Nays--18
Acciavatti DeRossett Johnson, Ruth Rocca
Bradstreet Drolet Milosch Sheen
Brandenburg Hoogendyk Palmer Stahl
Casperson Hummel Robertson Stakoe
Caswell Hune
In The Chair: Julian
The House agreed to the title of the bill.
Rep. Richardville moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
______
Rep. Sheen, having reserved the right to explain his protest against the passage of the bill, made the following statement:
"Mr. Speaker and members of the House:
I do not believe that the tobacco companies that were not in existence when the offense on which the original companies settled should be taxed or put at a disadvantage for what they had no part."
By unanimous consent the House returned to the order of
Messages from the Senate
The Speaker laid before the House
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 bill was received from the Senate on November 6, with substitute (S-1) and immediate effect given by the Senate, consideration of which, under the rules, was postponed until today, see House Journal No. 85, p. 2086.) The question being on concurring in the substitute (S-1) made to the bill by the Senate,
The substitute (S-1) was concurred in, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 630 Yeas--99
Accavitti Gieleghem Meyer Sheen
Acciavatti Gleason Middaugh Sheltrown
Adamini Hager Minore Shulman
Amos Hardman Moolenaar Smith
Anderson Hart Mortimer Spade
Bieda Hood Murphy Stahl
Bisbee Hoogendyk Newell Stakoe
Brandenburg Hopgood Nitz Stallworth
Brown Howell Nofs Steil
Byrum Huizenga Paletko Stewart
Casperson Hummel Palmer Tabor
Caul Hune Palsrok Taub
Cheeks Hunter Pappageorge Tobocman
Clack Jamnick Pastor Vagnozzi
Condino Johnson, Rick Phillips Van Regenmorter
Daniels Julian Plakas Vander Veen
Dennis Koetje Pumford Voorhees
DeRoche Kolb Reeves Walker
Drolet Kooiman Richardville Ward
Ehardt LaJoy Rivet Waters
Emmons LaSata Robertson Wenke
Farhat Law Rocca Williams
Farrah Lipsey Sak Woodward
Gaffney McConico Shackleton Zelenko
Garfield Meisner Shaffer
Nays--7
Bradstreet DeRossett Johnson, Ruth Wojno
Caswell Elkins Milosch
In The Chair: Julian
The bill was referred to the Clerk for enrollment printing and presentation to the Governor.
______
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
Reports of Standing Committees
The Committee on Tax Policy, by Rep. Wenke, Chair, reported
House Bill No. 4702, entitled
A bill to amend 1893 PA 206, entitled "The general property tax act," by amending sections 8 and 27 (MCL 211.8 and 211.27), section 8 as amended by 2002 PA 620 and section 27 as amended by 2002 PA 744.
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. Wenke, Sheen, Koetje, Woronchak, Meyer, Drolet, Hummel, Palmer, Milosch, Nofs and Stakoe
Nays: None
The Committee on Tax Policy, by Rep. Wenke, Chair, reported
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.
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. Wenke, Sheen, Koetje, Woronchak, Meyer, Drolet, Hummel, Palmer, Milosch, Nofs, Stakoe, Minore, Farrah, Bieda, Zelenko and Condino
Nays: None
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Wenke, Chair of the Committee on Tax Policy, was received and read:
Meeting held on: Wednesday, November 12, 2003, at 9:00 a.m.
Present: Reps. Wenke, Sheen, Koetje, Woronchak, Meyer, Drolet, Hummel, Palmer, Milosch, Nofs, Stakoe, O'Neil, Minore, Farrah, Bieda, Zelenko and Condino
The Committee on Conservation and Outdoor Recreation, by Rep. Tabor, Chair, reported
House Bill No. 4896, entitled
A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending section40107a (MCL 324.40107a), as added by 1998 PA 470.
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. Tabor, Bradstreet, Ehardt, Richardville, Rocca, Nitz, Farrah and Sheltrown
Nays: None
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Tabor, Chair of the Committee on Conservation and Outdoor Recreation, was received and read:
Meeting held on: Wednesday, November 12, 2003, at 10:30 a.m.
Present: Reps. Tabor, Milosch, Bradstreet, Ehardt, Richardville, Rocca, Nitz, Farrah, Sheltrown and Accavitti
Absent: Rep. Gillard
Excused: Rep. Gillard
The Committee on Criminal Justice, by Rep. Van Regenmorter, Chair, reported
Senate Bill No. 648, entitled
A bill to amend 1917 PA 167, entitled "Housing law of Michigan," (MCL 125.401 to 125.543) by adding section 85a.
With the recommendation that the following amendment be adopted and that the bill then pass.
1. Amend page 2, following line 13, enacting section 1, after "effect" by striking out "January 31" and inserting "April 1".
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. Van Regenmorter, Stakoe, Gaffney, Nofs, Meisner and Condino
Nays: None
The Committee on Criminal Justice, by Rep. Van Regenmorter, Chair, reported
Senate Bill No. 649, entitled
A bill to amend 1978 PA 368, entitled "Public health code," by amending section 7401c (MCL 333.7401c), as added by 2000 PA 314.
With the recommendation that the following amendment be adopted and that the bill then pass.
1. Amend page 4, following line 25, by striking out all of enacting section 1 and inserting:
"Enacting section 1. This amendatory act takes effect April 1, 2004.".
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. Van Regenmorter, Stakoe, Gaffney, Nofs, Meisner and Condino
Nays: None
The Committee on Criminal Justice, by Rep. Van Regenmorter, Chair, reported
Senate Bill No. 650, entitled
A bill to amend 1978 PA 368, entitled "Public health code," by amending section 17766c (MCL 333.17766c), as added by 1994 PA 38.
With the recommendation that the following amendment be adopted and that the bill then pass.
1. Amend page 2, line 25, by striking out "January 31" and inserting "April 1".
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. Van Regenmorter, Stakoe, Gaffney, Nofs, Meisner and Condino
Nays: None
The Committee on Criminal Justice, by Rep. Van Regenmorter, Chair, reported
Senate Bill No. 651, entitled
A bill to amend 1927 PA 175, entitled "The code of criminal procedure," by amending section 13n of chapter XVII (MCL 777.13n), as added by 2002 PA 30.
With the recommendation that the following amendment be adopted and that the bill then pass.
1. Amend page 2, line 30, by striking out "January 31" and inserting "April 1".
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. Van Regenmorter, Stakoe, Gaffney, Nofs and Condino
Nays: None
The Committee on Criminal Justice, by Rep. Van Regenmorter, Chair, reported
Senate Bill No. 652, entitled
A bill to amend 1931 PA 328, entitled "The Michigan penal code," (MCL 750.1 to 750.568) by adding section 502d.
With the recommendation that the following amendment be adopted and that the bill then pass.
1. Amend page 1, line 11, by striking out "January 31" and inserting "April 1".
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. Van Regenmorter, Stakoe, Gaffney, Nofs, Meisner and Condino
Nays: None
The Committee on Criminal Justice, by Rep. Van Regenmorter, Chair, reported
Senate Bill No. 658, entitled
A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," (MCL 324.101 to 324.90106) by adding section 80134a.
With the recommendation that the following amendment be adopted and that the bill then pass.
1. Amend page 2, following line 4, enacting section 1, after "effect" by striking out "January 31" and inserting "April 1".
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. Van Regenmorter, Stakoe, Howell, Gaffney, Nofs, Meisner and Condino
Nays: None
The Committee on Criminal Justice, by Rep. Van Regenmorter, Chair, reported
Senate Bill No. 659, entitled
A bill to amend 1927 PA 175, entitled "The code of criminal procedure," by amending section 13g of chapter XVII (MCL 777.13g), as added by 2002 PA 30.
With the recommendation that the following amendments be adopted and that the bill then pass.
1. Amend page 2, line 19, after "impairment" by inserting "or death".
2. Amend page 2, line 22, after "death" by inserting "when at fault".
3. Amend page 4, following line 15, after "effect" by striking out "January 31" and inserting "April 1".
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. Van Regenmorter, Stakoe, Howell, Gaffney, Nofs, Meisner and Condino
Nays: None
The Committee on Criminal Justice, by Rep. Van Regenmorter, Chair, reported
Senate Bill No. 698, entitled
A bill to amend 1927 PA 175, entitled "The code of criminal procedure," by amending section 13m of chapter XVII (MCL 777.13m), as amended by 2002 PA 711.
With the recommendation that the following amendment be adopted and that the bill then pass.
1. Amend page 5, following line 37, by striking out all of enacting section 1 and inserting:
"Enacting section 1. This amendatory act takes effect April 1, 2004.".
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. Van Regenmorter, Stakoe, Gaffney, Nofs, Meisner and Condino
Nays: None
The Committee on Criminal Justice, by Rep. Van Regenmorter, Chair, reported
Senate Bill No. 777, entitled
A bill to amend 1927 PA 175, entitled "The code of criminal procedure," by amending section 16x of chapter XVII (MCL 777.16x), as amended by 2002 PA 320.
With the recommendation that the following amendment be adopted and that the bill then pass.
1. Amend page 3, following line 28, by striking out all of enacting section 1 and inserting:
"Enacting section 1. This amendatory act takes effect April 1, 2004.".
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. Van Regenmorter, Stakoe, Gaffney, Nofs, Meisner and Condino
Nays: None
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Van Regenmorter, Chair of the Committee on Criminal Justice, was received and read:
Meeting held on: Wednesday, November 12, 2003, at 10:30 a.m.
Present: Reps. Van Regenmorter, Stakoe, Howell, Gaffney, Nofs, Meisner, Condino and Hood
Absent: Rep. LaSata
Excused: Rep. LaSata
The Committee on Insurance, by Rep. Julian, Chair, reported
House Bill No. 4127, entitled
A bill to amend 1956 PA 218, entitled "The insurance code of 1956," (MCL 500.100 to 500.8302) by adding section2110b.
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. Julian, Hune, Bisbee, Ehardt, Middaugh, Hummel, Garfield, Robertson, Sheen, Woodward and Condino
Nays: None
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Julian, Chair of the Committee on Insurance, was received and read:
Meeting held on: Wednesday, November 12, 2003, at 10:30 a.m.
Present: Reps. Julian, Hune, Bisbee, Ehardt, Middaugh, Mortimer, Hummel, Garfield, Robertson, Sheen, Daniels, Woodward, Anderson, Wojno, Hood and Condino
Absent: Rep. Gillard
Excused: Rep. Gillard
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Palmer, Chair of the Committee on Education, was received and read:
Meeting held on: Wednesday, November 12, 2003, at 10:30 a.m.
Present: Reps. Palmer, Meyer, Bradstreet, Hager, Ruth Johnson, Tabor, Voorhees, Vander Veen, Nofs, Stahl, Gieleghem, Vagnozzi, Spade, Hopgood, Meisner and Clack
Absent: Reps. Hummel, Hart and Smith
Excused: Reps. Hummel, Hart and Smith
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Shulman, Chair of the Committee on Appropriations, was received and read:
Meeting held on: Wednesday, November 12, 2003, at 11:00 a.m.
Present: Reps. Shulman, Emmons, Caul, Pumford, Shackleton, Kooiman, Newell, Stewart, Acciavatti, Amos, Caswell, Farhat, Hoogendyk, Moolenaar, Pastor, Shaffer, Steil, Taub, Walker, Brandenburg, Mortimer, Brown, Kolb, Phillips, Plakas, Reeves, Williams, Cheeks, Hunter, Paletko, Sak, Zelenko and Murphy
Messages from the Governor
Date: November 7, 2003
Time: 4:38 p.m.
To the Speaker of the House of Representatives:
Sir--I have this day approved and signed
Enrolled House Bill No. 4386 (Public Act No. 193, I.E.), being
An act to make appropriations for certain capital outlay programs and state departments and agencies for the fiscal year ending September 30, 2004; to implement the appropriations within the budgetary process; to make appropriations for planning and construction at state agencies; to make appropriations for state building authority rent and insurance; to make a grant for state building authority rent; to provide for the acquisition of land and buildings; to provide for the elimination of fire hazards; to provide for special maintenance, remodeling and addition, alteration, renovation, demolition, and other projects; to provide for elimination of occupational safety and health hazards; to provide for the award and implementation of contracts; to provide for the purchase of furnishings and equipment relative to occupancy of a project; to provide for the development of public recreation facilities; to provide for certain advances from the general fund; to prescribe powers and duties of certain state officers and agencies; to require certain reports, plans, and agreements; to provide for leases; to provide for transfers; to prescribe standards and conditions relating to the appropriations; to provide for the expenditure of appropriations; and to repeal acts and parts of acts.
(Filed with the Secretary of State November 10, 2003, at 9:56 a.m.)
Date: November 7, 2003
Time: 4:40 p.m.
To the Speaker of the House of Representatives:
Sir--I have this day approved and signed
Enrolled House Bill No. 4211 (Public Act No. 194, I.E.), being
An act to amend 1893 PA 206, entitled "An act to provide for the assessment of rights and interests, including leasehold interests, in property and the levy and collection of taxes on property, and for the collection of taxes levied; making those taxes a lien on the property taxed, establishing and continuing the lien, providing for the sale or forfeiture and conveyance of property delinquent for taxes, and for the inspection and disposition of lands bid off to the state and not redeemed or purchased; to provide for the establishment of a delinquent tax revolving fund and the borrowing of money by counties and the issuance of notes; to define and limit the jurisdiction of the courts in proceedings in connection with property delinquent for taxes; to limit the time within which actions may be brought; to prescribe certain limitations with respect to rates of taxation; to prescribe certain powers and duties of certain officers, departments, agencies, and political subdivisions of this state; to provide for certain reimbursements of certain expenses incurred by units of local government; to provide penalties for the violation of this act; and to repeal acts and parts of acts," by amending section 30 (MCL 211.30), as amended by 2000 PA 210.
(Filed with the Secretary of State November 10, 2003, at 9:58 a.m.)
Date: November 7, 2003
Time: 4:42 p.m.
To the Speaker of the House of Representatives:
Sir--I have this day approved and signed
Enrolled House Bill No. 4895 (Public Act No. 195, I.E.), being
An act to amend 2001 PA 142, entitled "An act to consolidate prior acts naming certain Michigan highways; to provide for the naming of certain highways; to prescribe certain duties of the state transportation department; and to repeal acts and parts of acts and certain resolutions," (MCL 250.1001 to 250.1100) by adding section 67.
(Filed with the Secretary of State November 10, 2003, at 10:00 a.m.)
Date: November 7, 2003
Time: 4:44 p.m.
To the Speaker of the House of Representatives:
Sir--I have this day approved and signed
Enrolled House Bill No. 5106 (Public Act No. 196, I.E.), being
An act to amend 1980 PA 299, entitled "An act to revise, consolidate, and classify the laws of this state regarding the regulation of certain occupations; to create a board for each of those occupations; to establish the powers and duties of certain departments and agencies and the boards of each occupation; to provide for the promulgation of rules; to provide for certain fees; to provide for penalties and civil fines; to establish rights, relationships, and remedies of certain persons under certain circumstances; to repeal certain parts of this act on a specific date; and to repeal certain acts and parts of acts," by amending sections 2501, 2504, and 2505 (MCL 339.2501, 339.2504, and 339.2505), section 2501 as amended by 1994 PA 333, section 2504 as amended by 2002 PA 611, and section 2505 as amended by 1988 PA 463.
(Filed with the Secretary of State November 10, 2003, at 10:02 a.m.)
Date: November 7, 2003
Time: 4:46 p.m.
To the Speaker of the House of Representatives:
Sir--I have this day approved and signed
Enrolled House Bill No. 4070 (Public Act No. 197, I.E.), being
An act to require textbook publishers to provide electronic versions of certain instructional materials used in colleges and universities.
(Filed with the Secretary of State November 10, 2003, at 10:04 a.m.)
Date: November 7, 2003
Time: 4:48 p.m.
To the Speaker of the House of Representatives:
Sir--I have this day approved and signed
Enrolled House Bill No. 4311 (Public Act No. 198, I.E.), being
An act to provide insurance to farm produce producers against losses from the failure of grain dealers; to establish a farm produce insurance authority; to prescribe the powers and duties of the authority and its board; to establish a farm produce insurance fund; to provide for assessments on grain dealers; to prescribe certain powers and duties of certain state agencies and officers; to authorize the promulgation of rules; and to repeal acts and parts of acts.
(Filed with the Secretary of State November 10, 2003, at 10:06 a.m.)
The following message from the Governor was received November 12, 2003 and read:
EXECUTIVE ORDER
No. 2003 - 21
RECOGNIZING VETERANS DAY
WHEREAS, the United States of America were founded upon the principles of life, liberty, and the pursuit of happiness--values defended throughout our Nation's history by the men and women of our Armed Forces;
WHEREAS, under Section 6103 of Title 5 of the United States Code and Section 1 of 1865 PA 1, November 11th is set aside as a legal public holiday in recognition of the contributions of our service men and women;
WHEREAS, on Veterans Day we recognize all those who have honorably worn the uniforms of our Armed Forces in service to this great nation;
WHEREAS, Veterans Day is particularly poignant this year as we honor not just those who have served in the past, but those servicemen and servicewomen putting their lives on the line in Iraq, Afghanistan, and other countries around the world;
WHEREAS, members of our armed forces voluntarily forego comfort and wealth to face hardships and deployments away from family and loved ones while defending the Nation's security;
WHEREAS, while we honor the duty, honor, and selfless service of all veterans, we also remember those who have given the ultimate sacrifice by laying down their lives to defend the freedoms our Nation holds so dear;
WHEREAS, we particularly pause to remember and honor the 17 Michigan servicemen who gave their lives in service to our country in Iraq or Afghanistan during the last year;
WHEREAS, under Section 7 of Chapter 1 of Title 4 of the United States Code, in the event of the death of a present or former official of the government of any state, territory, or possession of the United States, the governor of that state, territory, or possession may proclaim that the flag of the United States of America be flown at half-staff;
WHEREAS, it is appropriate that the flag of the United States of America be flown at half-staff throughout the State of Michigan as a mark of respect for the memory and in honor of the service of all members of our Armed Forces killed in the line of duty;
NOW, THEREFORE, I, Jennifer M. Granholm, Governor of the State of Michigan, pursuant to the powers vested in me by the Michigan Constitution of 1963, the laws of the State of Michigan, and the laws of the United States of America, order and proclaim that on Tuesday, November 11, 2003, the flag of the United States of America shall be flown at half-staff throughout the State of Michigan, including at or on all state-owned or state-controlled buildings and military facilities.
This order is effective upon filing.
[SEAL] Given under my hand and the Great Seal of the State of Michigan this 10th day of November, 2003.
Jennifer M. Granholm
Governor
By the Governor:
Terri L. Land
Secretary of State
The message was referred to the Clerk.
Communications from State Officers
The following communication from the Secretary of State was received and read:
Notice of Filing
Administrative Rules
October 27, 2003
In accordance with the provisions of Section 46(1) of Act 306, Public Acts of 1969, as amended, and Executive Order 1995-6 this is to advise you that the Office of Regulatory Reform, Legal Division filed at 11:00 A.M. this date, administrative rule (03-10-05) for the Department of Corrections, entitled "Community Status; Eligibility Criteria", effective 7 days after filing with the Secretary of State.
Sincerely,
Terri Lynn Land
Secretary of State
Elena L. Beasley, Manager
Office of the Great Seal
The communication was referred to the Clerk.
Introduction of Bills
Reps. Shulman, Hunter, Hummel, DeRossett, Amos, Newell, Steil, Emmons, Acciavatti, Vander Veen, Stahl, Kooiman, Hoogendyk, Brandenburg, Farhat and Taub introduced
House Bill No. 5289, entitled
A bill to require certain state departments, agencies, and public entities to follow certain requirements when operating grant programs; to gather and to report certain information to the legislative branch; to impose certain penalties; and to provide certain remedies.
The bill was read a first time by its title and referred to the Committee on Commerce.
Reps. Hopgood, Paletko, Law, Condino, Dennis, Tobocman, Vagnozzi, Minore and Byrum introduced
House Joint Resolution Q, entitled
A joint resolution proposing an amendment to the state constitution of 1963, by amending section 9 of article II, to clarify the power of referendum when making appropriations.
The joint resolution was read a first time by its title and referred to the Committee on Government Operations.
Quorum Call
Rep. Richardville questioned the presence of a quorum and moved that the roll be called and printed in the Journal.
The motion prevailed.
The roll was called and the Clerk announced that a quorum was present.
The following is the roll call:
Roll Call No. 631 Yeas--86
Accavitti Farrah Meyer Sak
Acciavatti Gaffney Middaugh Shackleton
Adamini Gieleghem Minore Shaffer
Amos Gleason Moolenaar Sheltrown
Anderson Hager Mortimer Shulman
Bieda Hart Murphy Spade
Bisbee Hood Newell Stahl
Bradstreet Hopgood Nitz Stakoe
Brandenburg Howell Nofs Stewart
Brown Hummel Paletko Tabor
Byrum Hune Palmer Taub
Caswell Hunter Palsrok Tobocman
Caul Jamnick Pappageorge Vagnozzi
Cheeks Johnson, Rick Pastor Walker
Clack Johnson, Ruth Phillips Ward
Condino Julian Pumford Waters
Daniels Kolb Reeves Wenke
DeRoche LaJoy Richardville Williams
DeRossett Law Rivet Wojno
Drolet Lipsey Robertson Woodward
Ehardt McConico Rocca Zelenko
Elkins Meisner
In The Chair: Julian
By unanimous consent the House returned to the order of
Second Reading of Bills
House Bill No. 4920, entitled
A bill to amend 1994 PA 295, entitled "Sex offenders registration act," by amending sections 5 and 8 (MCL 28.725 and 28.728), as amended by 2002 PA 542, and by adding section 8c.
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. Julian 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. Julian 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. Waters moved that Rep. Hardman be excused temporarily from today's session.
The motion prevailed.
Rep. Waters moved that Reps. Plakas and Stallworth be excused from the balance of today's session.
The motion prevailed.
By unanimous consent the House returned to the order of
Third Reading of Bills
House Bill No. 4920, entitled
A bill to amend 1994 PA 295, entitled "Sex offenders registration act," by amending sections 5 and 8 (MCL 28.725 and 28.728), as amended by 2002 PA 542, and by adding section 8c.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 632 Yeas--102
Accavitti Farrah McConico Shackleton
Acciavatti Gaffney Meisner Shaffer
Adamini Garfield Meyer Sheen
Amos Gieleghem Middaugh Sheltrown
Anderson Gleason Milosch Shulman
Bieda Hager Minore Smith
Bisbee Hart Moolenaar Spade
Bradstreet Hood Mortimer Stahl
Brandenburg Hoogendyk Murphy Stakoe
Brown Hopgood Newell Steil
Byrum Howell Nitz Stewart
Casperson Huizenga Nofs Tabor
Caswell Hummel Paletko Taub
Caul Hune Palmer Tobocman
Cheeks Hunter Palsrok Vagnozzi
Clack Jamnick Pappageorge Van Regenmorter
Condino Johnson, Rick Pastor Vander Veen
Daniels Johnson, Ruth Phillips Voorhees
Dennis Julian Pumford Walker
DeRoche Koetje Reeves Ward
DeRossett Kolb Richardville Wenke
Drolet Kooiman Rivet Williams
Ehardt LaJoy Robertson Wojno
Elkins LaSata Rocca Woodward
Emmons Law Sak Zelenko
Farhat Lipsey
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 1994 PA 295, entitled "Sex offenders registration act," by amending sections 2, 3, 4, 5, 5a, 8, and 9 (MCL 28.722, 28.723, 28.724, 28.725, 28.725a, 28.728, and 28.729), sections 2, 5, 5a, 8, and 9 as amended by 2002 PA 542 and sections 3 and 4 as amended by 1999 PA 85, and by adding sections 8c and 8d.
The motion prevailed.
The House agreed to the title as amended.
Rep. Richardville moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
Second Reading of Bills
House Bill No. 5240, entitled
A bill to amend 1927 PA 175, entitled "The code of criminal procedure," by amending sections 11, 13, and 14 of chapter II (MCL 762.11, 762.13, and 762.14), section 11 as amended by 1993 PA 293, section 13 as amended by 2002 PA 483, and section 14 as amended by 1994 PA 286.
The bill was read a second time.
Rep. Julian moved to substitute (H-1) the bill.
The motion prevailed and the substitute (H-1) was adopted, a majority of the members serving voting therefor.
Rep. Julian moved to amend the bill as follows:
1. Amend page 2, line 16, after "section" by striking out "520c" and inserting "520b, 520c,".
2. Amend page 2, line 17, after "MCL" by striking out "750.520c" and inserting "750.520b, 750.520c,".
The motion prevailed and the amendments were adopted, a majority of the members serving voting therefor.
Rep. Julian 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. 5240, entitled
A bill to amend 1927 PA 175, entitled "The code of criminal procedure," by amending sections 11, 13, and 14 of chapter II (MCL 762.11, 762.13, and 762.14), section 11 as amended by 1993 PA 293, section 13 as amended by 2002 PA 483, and section 14 as amended by 1994 PA 286.
The bill was read a third time.
The question being on the passage of the bill,
Rep. Richardville moved that consideration of the bill be postponed temporarily.
The motion prevailed.
Second Reading of Bills
House Bill No. 5195, entitled
A bill to amend 1994 PA 295, entitled "Sex offenders registration act," by amending section 8 (MCL 28.728), as amended by 2002 PA 542.
Was read a second time, and the question being on the adoption of the proposed substitute (H-1)* previously recommended by the Committee on Criminal Justice,
The substitute (H-1)* was adopted, a majority of the members serving voting therefor.
Rep. Milosch moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
By unanimous consent the House returned to the order of
Third 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.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 633 Yeas--101
Accavitti Farrah Lipsey Shackleton
Acciavatti Gaffney McConico Shaffer
Adamini Garfield Meisner Sheen
Amos Gieleghem Meyer Sheltrown
Anderson Gleason Middaugh Shulman
Bieda Hager Milosch Spade
Bisbee Hart Minore Stahl
Bradstreet Hood Moolenaar Stakoe
Brandenburg Hoogendyk Mortimer Steil
Brown Hopgood Murphy Stewart
Byrum Howell Newell Tabor
Casperson Huizenga Nitz Taub
Caswell Hummel Nofs Tobocman
Caul Hune Paletko Vagnozzi
Cheeks Hunter Palmer Van Regenmorter
Clack Jamnick Palsrok Vander Veen
Condino Johnson, Rick Pappageorge Voorhees
Daniels Johnson, Ruth Pastor Walker
Dennis Julian Pumford Ward
DeRoche Koetje Reeves Waters
DeRossett Kolb Richardville Wenke
Drolet Kooiman Rivet Williams
Ehardt LaJoy Robertson Wojno
Elkins LaSata Rocca Woodward
Emmons Law Sak Zelenko
Farhat
Nays--0
In The Chair: Julian
Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows:
"An act to revise and consolidate the statutes relating to certain aspects of the family division of circuit court, to the jurisdiction, powers, and duties of the family division of circuit court and its judges and other officers, to the change of name of adults and children, and to the adoption of adults and children; to prescribe certain jurisdiction, powers, and duties of the family division of circuit court and its judges and other officers; to prescribe the manner and time within which certain actions and proceedings may be brought in the family division of the circuit court; to prescribe pleading, evidence, practice, and procedure in certain actions and proceedings in the family division of circuit court; to provide for appeals from certain actions in the family division of circuit court; to prescribe the powers and duties of certain state departments, agencies, and officers; to provide for certain immunity from liability; and to provide remedies and penalties,"
The House agreed to the full title.
Rep. Richardville moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
Rep. Richardville moved that House Bill No. 5195 be placed on its immediate passage.
The motion prevailed, a majority of the members serving voting therefor.
House Bill No. 5195, entitled
A bill to amend 1994 PA 295, entitled "Sex offenders registration act," by amending section 8 (MCL 28.728), as amended by 2002 PA 542.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 634 Yeas--85
Accavitti Farrah Meyer Shackleton
Acciavatti Garfield Middaugh Shaffer
Adamini Gieleghem Milosch Sheen
Amos Gleason Moolenaar Sheltrown
Anderson Hager Mortimer Shulman
Bieda Hart Murphy Spade
Bisbee Hoogendyk Newell Stahl
Bradstreet Hopgood Nitz Stakoe
Brandenburg Howell Nofs Steil
Brown Huizenga Paletko Stewart
Byrum Hummel Palmer Tabor
Casperson Hune Palsrok Taub
Caswell Johnson, Rick Pappageorge Vagnozzi
Caul Johnson, Ruth Pastor Van Regenmorter
Dennis Julian Pumford Vander Veen
DeRoche Koetje Reeves Voorhees
DeRossett Kooiman Richardville Walker
Drolet LaJoy Rivet Ward
Ehardt LaSata Robertson Wenke
Elkins Law Rocca Wojno
Emmons McConico Sak Woodward
Farhat
Nays--17
Cheeks Hunter Meisner Tobocman
Clack Jamnick Minore Waters
Condino Kolb Phillips Williams
Daniels Lipsey Smith Zelenko
Hood
In The Chair: Julian
The House agreed to the title of the bill.
Rep. Richardville moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
______
Rep. Minore, having reserved the right to explain his protest against the passage of the bill, made the following statement:
"Mr. Speaker and members of the House:
I believe this bill represents an erosion of personal liberty and is an invasion of privacy that extends well beyond the period of time after which a criminal will have paid his/her debt for a crime."
Rep. Meisner, having reserved the right to explain his protest against the passage of the bill, made the following statement:
"Mr. Speaker and members of the House:
I voted no on House Bill 5195 due to many of the problems associated with the sex offender registry in its current form. Currently, there are many individuals on the sex-offenders registry who do not pose a threat to society. The majority of these individuals include non-violent, non-predatory juvenile offenders who came into contact with the criminal justice system through non-violent sexual activity. These individuals are not sexual predators, yet did not have the opportunity to participate in the Holmes Youthful Training Act. Over time it is hoped through the enactment of bills like HB 4920 we will alleviate some of these problems, but until these injustices are corrected, individuals will be further subjected to humiliation by placing their photos on the registry.
Michigan has the third largest sex offender registry in the country, not due to an overwhelming presence of sexual predators, but due to our overly broad use of the registry. It is my hope that further modifications to the registry will provide the public with an honest and useful tool that gives the public realistic information on the threats in their neighborhood, including the differentiation between non-violent offenders and real threats to society such as pedophiles, predators and violent sexual offenders. This bill is heavy on rhetoric, but short on substance to make Michigan safe."
Rep. Jamnick, having reserved the right to explain her protest against the passage of the bill, made the following statement:
"Mr. Speaker and members of the House:
I voted against this bill as the sex offender registry has had errors in the listing pretty much since its inception. While this Bill provides an 18 month period before being effective and pictures being added to the internet along with names and addresses. While I have no problems with the pictures being added, my concern continues to be with the accuracy of the data. I am not confident the accuracy will be accomplished prior to the addition of pictures."
Rep. Zelenko, having reserved the right to explain her protest against the passage of the bill, made the following statement:
"Mr. Speaker and members of the House:
I voted no on House Bill 5195 (H-1) because I feel the use of photographs of registered sex offenders on the Internet does nothing more than add another layer to the already compounding issues surrounding the Sex Offender Registry Act (SORA). Name and face recognition do not necessarily equate to increased safety in our communities. In fact, current requirements under the law sufficiently allow citizens to know, by zip code, address, and physical characteristics, who registered offenders are in their communities and where they are located. No statistics have been offered to show that the public would be any safer by placing photos of these offenders on the Internet. Public safety from dangerous sexual predators was the original intent of SORA. However, there are many unresolved issues with SORA, including the required registration for certain individuals and acts, such as juveniles engaging in theoretical, though not legally consensual acts, who are not sexual predators in the truest sense."
Second Reading of Bills
House Bill No. 4898, entitled
A bill to amend 1978 PA 368, entitled "Public health code," by amending sections 13501, 13505, 13506, 13515, 13517, 13521, 13522, 13525, 13535, and 13536 (MCL 333.13501, 333.13505, 333.13506, 333.13515, 333.13517, 333.13521, 333.13522, 333.13525, 333.13535, and 333.13536), sections 13501 and 13522 as amended by 1994 PA 100 and section 13521 as amended by 1989 PA 56, and by adding part 135A; and to repeal acts and parts of acts.
Was read a second time, and the question being on the adoption of the proposed substitute (H-1) previously recommended by the Committee on Health Policy,
The substitute (H-1) was adopted, a majority of the members serving voting therefor.
Rep. Julian moved to amend the bill as follows:
1. Amend page 11, following line 9, by inserting:
"(b) "Direct supervision" means that a physician, dentist, or veterinarian, or a comprehensive scope operator or limited scope operator as provided under section 13574(8), complies with all of the following:
"(i) Designates a patient of record upon whom the procedures are to be performed and describes the procedures to be performed.
(ii) Examines the patient before prescribing the procedures to be performed and upon completion of the procedures.
(iii) Is physically present in the office suite or facility in which the radiation machine is located at the time the procedures are being performed." and relettering the remaining subdivisions.
2. Amend page 13, line 9, after "devices" by striking out the balance of the subdivision and inserting a period.
3. Amend page 14, line 2, by striking out all of subsection (4).
4. Amend page 15, line 13, after "machines." by striking out the balance of the line through "devices." on line 15.
5. Amend page 16, line 10, after "machine" by striking out "or a non-ionizing radiation device".
6. Amend page 16, line 23, after "machine" by striking out "or non-ionizing radiation device".
7. Amend page 16, line 25, after "machine" by striking out "or non-ionizing radiation device".
8. Amend page 16, line 26, after "machine" by striking out the balance of the line through "device" on line 27.
9. Amend page 17, line 2, after "machine" by striking out "or non-ionizing radiation device".
10. Amend page 29, line 25, after "department" by inserting "or individuals who have successfully completed the Michigan dental association radiology training program".
11. Amend page 31, line 4, by striking out all of subdivision (b) and inserting:
"(b) X-ray examinations of the 5 regions of the spine as ordered by a physician.".
12. Amend page 35, line 13, after "machine" by striking out the balance of the section and inserting a period.
The motion prevailed and the amendments were adopted, a majority of the members serving voting therefor.
Rep. Julian 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. 4898, entitled
A bill to amend 1978 PA 368, entitled "Public health code," by amending sections 13501, 13505, 13506, 13515, 13517, 13521, 13522, 13525, 13535, and 13536 (MCL 333.13501, 333.13505, 333.13506, 333.13515, 333.13517, 333.13521, 333.13522, 333.13525, 333.13535, and 333.13536), sections 13501 and 13522 as amended by 1994 PA 100 and section 13521 as amended by 1989 PA 56, and by adding part 135A; and to repeal acts and parts of acts.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 635 Yeas--103
Accavitti Farrah McConico Shaffer
Acciavatti Gaffney Meisner Sheen
Adamini Garfield Meyer Sheltrown
Amos Gieleghem Middaugh Shulman
Anderson Gleason Milosch Smith
Bieda Hager Minore Spade
Bisbee Hart Moolenaar Stahl
Bradstreet Hood Mortimer Stakoe
Brandenburg Hoogendyk Murphy Steil
Brown Hopgood Newell Stewart
Byrum Howell Nitz Tabor
Casperson Huizenga Nofs Taub
Caswell Hummel Paletko Tobocman
Caul Hune Palmer Vagnozzi
Cheeks Hunter Palsrok Van Regenmorter
Clack Jamnick Pappageorge Vander Veen
Condino Johnson, Rick Pastor Voorhees
Daniels Johnson, Ruth Phillips Walker
Dennis Julian Pumford Ward
DeRoche Koetje Reeves Waters
DeRossett Kolb Richardville Wenke
Drolet Kooiman Rivet Williams
Ehardt LaJoy Robertson Wojno
Elkins LaSata Rocca Woodward
Emmons Law Sak Zelenko
Farhat Lipsey Shackleton
Nays--0
In The Chair: Julian
The question being on agreeing to the title of the bill,
Rep. Richardville moved to amend the title to read as follows:
A bill to amend 1978 PA 368, entitled "Public health code," by amending sections 13501, 13505, 13506, 13511, 13515, 13517, 13521, 13522, 13525, 13535, and 13536 (MCL 333.13501, 333.13505, 333.13506, 333.13511, 333.13515, 333.13517, 333.13521, 333.13522, 333.13525, 333.13535, and 333.13536), sections 13501 and 13522 as amended by 1994 PA 100 and section 13521 as amended by 1989 PA 56, and by adding part 135A; and to repeal acts and parts of acts.
The motion prevailed.
The House agreed to the title as amended.
Rep. Richardville moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
The House returned to the consideration of
House Bill No. 5240, entitled
A bill to amend 1927 PA 175, entitled "The code of criminal procedure," by amending sections 11, 13, and 14 of chapter II (MCL 762.11, 762.13, and 762.14), section 11 as amended by 1993 PA 293, section 13 as amended by 2002 PA 483, and section 14 as amended by 1994 PA 286.
(The bill was considered earlier today, see today's Journal p. 2143.)
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. 636 Yeas--104
Accavitti Farrah Lipsey Shackleton
Acciavatti Gaffney McConico Shaffer
Adamini Garfield Meisner Sheen
Amos Gieleghem Meyer Sheltrown
Anderson Gleason Middaugh Shulman
Bieda Hager Milosch Smith
Bisbee Hardman Minore Spade
Bradstreet Hart Moolenaar Stahl
Brandenburg Hood Mortimer Stakoe
Brown Hoogendyk Murphy Steil
Byrum Hopgood Newell Stewart
Casperson Howell Nitz Tabor
Caswell Huizenga Nofs Taub
Caul Hummel Paletko Tobocman
Cheeks Hune Palmer Vagnozzi
Clack Hunter Palsrok Van Regenmorter
Condino Jamnick Pappageorge Vander Veen
Daniels Johnson, Rick Pastor Voorhees
Dennis Johnson, Ruth Phillips Walker
DeRoche Julian Pumford Ward
DeRossett Koetje Reeves Waters
Drolet Kolb Richardville Wenke
Ehardt Kooiman Rivet Williams
Elkins LaJoy Robertson Wojno
Emmons LaSata Rocca Woodward
Farhat Law Sak 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.
By unanimous consent the House returned to the order of
Motions and Resolutions
By unanimous consent the House considered House Resolution No. 175 out of numerical order.
Reps. Huizenga, Sheen, Stahl, Steil, Kooiman, Vander Veen, Sak, Farhat, Accavitti, Bieda, Brandenburg, Caswell, Ehardt, Hoogendyk, Jamnick, Julian, Law, Lipsey, Meyer, Mortimer, Newell, Nitz, Pappageorge, Robertson, Shackleton, Shaffer, Shulman, Stallworth, Stewart, Taub, Voorhees, Dennis, Caul, Howell, Ruth Johnson, LaSata, Middaugh, Richardville, Gleason, Koetje and Phillips offered the following resolution:
House Resolution No. 175.
A resolution to urge the Department of Environmental Quality to work closely with the Environmental Protection Agency to articulate Michigan's vulnerability to transported pollution from other states as the rule to implement the 8-hour Ozone National Ambient Air Quality Standard is finalized.
Whereas, The effort to determine appropriate levels for the National Ambient Air Quality Standard is complicated significantly in Michigan by the impact of pollutants transported across the Great Lakes. The impact of the transported pollution is felt most acutely in the West Michigan region. This problem is so severe, that it has been reported that certain areas would fail to meet the new standards with very little pollution actually produced in West Michigan; and
Whereas, The EPA and the states have long been wrestling with the issue of ozone standards, specifically the 8-hour standard that was proposed in 1997. Litigation and concerns over the overall impact of sanctions have also been part of the process. Most recently, the EPA has announced a new comment period and put forth new possible approaches to air quality; and
Whereas, As the EPA continues to work on the proposed rule to implement the 8-hour Ozone National Ambient Air Quality Standard, it is imperative that Michigan's situation be articulated strongly and persistently. The Department of Environmental Quality has a responsibility to lead these efforts to ensure that our state, especially the western portions that are directly affected by pollution transported from Chicago and elsewhere, is not treated unfairly in the final decision making; now, therefore, be it
Resolved by the House of Representatives, That we urge the Department of Environmental Quality to work closely with the Environmental Protection Agency to articulate Michigan's vulnerability to transported pollution from other states as the rule to implement the 8-hour Ozone National Ambient Air Quality Standard is finalized; and be it further
Resolved, That copies of this resolution be transmitted to the Department of Environmental Quality and to the Environmental Protection Agency.
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.
By unanimous consent the House considered House Resolution No. 176 out of numerical order.
Reps. Farhat, Brandenburg, Clack, Ehardt, Garfield, Hoogendyk, Huizenga, Julian, Kooiman, Meyer, Minore, Mortimer, Newell, Nitz, Palmer, Pappageorge, Sak, Shackleton, Shaffer, Sheltrown, Shulman, Stallworth, Stewart, Taub, Tobocman, Vagnozzi, Vander Veen, Voorhees, Zelenko, Dennis, Ruth Johnson, Plakas, Richardville, Stahl, Gleason, Murphy and Phillips offered the following resolution:
House Resolution No. 176.
A resolution to memorialize the Congress of the United States to enact legislation to establish a prescription drug benefit within Medicare.
Whereas, In recent years, the rising costs of prescription medications have created a growing burden for America's senior citizens. An increasing number of our people cannot afford the medications they need to live and function. This situation is harmful not only to a large segment of our population, but to our entire health care system; and
Whereas, Since prescription medications contribute significantly to public health by minimizing the need for far more costly services, including hospitalization, the current Medicare program is not nearly as effective as it could be in helping our senior citizens protect their health and well-being. The overall ramifications of this problem are amplified by the realization that the first waves of baby boomers are now reaching retirement age; and
Whereas, Although health care is a challenge that includes a wide range of factors, it is essential that a prescription drug benefit be established within Medicare. For those men and women currently grappling with the difficulties of paying for medicines they need, adding this benefit will provide immediate relief and help them maintain their health. For their families and our entire country, this is a program that needs to be put in place swiftly; now, therefore, be it
Resolved by the House of Representatives, That we memorialize Congress to enact legislation to establish a prescription drug benefit within 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, and the members of the Michigan congressional delegation.
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.
Second Reading of Bills
House Bill No. 5129, entitled
A bill to amend 1961 PA 236, entitled "Revised judicature act of 1961," by amending sections 1301a, 1303a, 1304, 1305, 1307a, 1308, 1309, 1310, 1312, 1313, 1315, 1316, 1317, 1319, 1320, 1321, 1322, 1323, 1324, 1326, 1327, 1328, 1329, 1331, 1332, 1333, 1334, 1335, 1336, 1337, 1338, 1339, 1340, 1341, 1342, 1343, 1345, 1346, 1347, 1372, 1374, and 1375 (MCL 600.1301a, 600.1303a, 600.1304, 600.1305, 600.1307a, 600.1308, 600.1309, 600.1310, 600.1312, 600.1313, 600.1315, 600.1316, 600.1317, 600.1319, 600.1320, 600.1321, 600.1322, 600.1323, 600.1324, 600.1326, 600.1327, 600.1328, 600.1329, 600.1331, 600.1332, 600.1333, 600.1334, 600.1335, 600.1336, 600.1337, 600.1338, 600.1339, 600.1340, 600.1341, 600.1342, 600.1343, 600.1345, 600.1346, 600.1347, 600.1372, 600.1374, and 600.1375),sections 1301a, 1304, 1310, 1312, and 1375 as amended by 1986 PA 104 and section 1307a as amended by 2002 PA 739.
Was read a second time, and the question being on the adoption of the proposed amendment previously recommended by the Committee on Judiciary (for amendment, see House Journal No. 74, p. 1866),
The amendment was adopted, a majority of the members serving voting therefor.
Rep. Howell moved to amend the bill as follows:
1. Amend page 2, following line 23, by inserting:
"Sec. 1304a. (1) The jury board may use electronic and mechanical devices in carrying out its duties under this chapter.
(2) The jury board may use the historic method of preparing separate slips of paper for the second jury list and drawing slips from a jury board box to determine a panel or array of jurors.".
2. Amend page 4, line 9, after the first "the" by striking out "journal" and inserting "record".
3. Amend page 7, following line 24, by inserting:
"(3) If a qualifying questionnaire is returned with an indication by the United States postal service that the person to whom the questionnaire is addressed is deceased, the name of the person shall be removed from the first juror list and that name and circumstance may be forwarded to the local clerk.".
4. Amend page 9, following line 15, by inserting:
"(3) If the name of a person who is deceased is selected for jury service, the name shall be removed from the second jury list and that fact may be forwarded to the local clerk.
(4) The trial judge, at his or her discretion, may grant a deferral of jury service to a person if the person claims that serving on the date he or she is called creates a hardship. If the trial judge grants a deferral, the judge shall determine a future date on which the person may serve without hardship, and shall direct the board to call the person on that date.".
5. Amend page 21, line 3, by striking out all of section 1374.
6. Amend page 23, following line 13, by inserting:
"Enacting section 1. Section 1374 of 1961 PA 236, MCL 600.1374, is repealed." and renumbering the remaining enacting section.
The motion prevailed and the amendments were adopted, a majority of the members serving voting therefor.
Rep. Howell 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. 5129, entitled
A bill to amend 1961 PA 236, entitled "Revised judicature act of 1961," by amending sections 1301a, 1303a, 1304, 1305, 1307a, 1308, 1309, 1310, 1312, 1313, 1315, 1316, 1317, 1319, 1320, 1321, 1322, 1323, 1324, 1326, 1327, 1328, 1329, 1331, 1332, 1333, 1334, 1335, 1336, 1337, 1338, 1339, 1340, 1341, 1342, 1343, 1345, 1346, 1347, 1372, 1374, and 1375 (MCL 600.1301a, 600.1303a, 600.1304, 600.1305, 600.1307a, 600.1308, 600.1309, 600.1310, 600.1312, 600.1313, 600.1315, 600.1316, 600.1317, 600.1319, 600.1320, 600.1321, 600.1322, 600.1323, 600.1324, 600.1326, 600.1327, 600.1328, 600.1329, 600.1331, 600.1332, 600.1333, 600.1334, 600.1335, 600.1336, 600.1337, 600.1338, 600.1339, 600.1340, 600.1341, 600.1342, 600.1343, 600.1345, 600.1346, 600.1347, 600.1372, 600.1374, and 600.1375), sections 1301a, 1304, 1310, 1312, and 1375 as amended by 1986 PA 104 and section 1307a as amended by 2002 PA 739.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 637 Yeas--100
Accavitti Gaffney McConico Shaffer
Acciavatti Garfield Meisner Sheen
Adamini Gieleghem Meyer Sheltrown
Amos Gleason Middaugh Shulman
Anderson Hager Milosch Smith
Bieda Hardman Minore Spade
Bisbee Hart Moolenaar Stahl
Bradstreet Hood Mortimer Stakoe
Brandenburg Hoogendyk Murphy Steil
Byrum Hopgood Newell Stewart
Casperson Howell Nitz Tabor
Caswell Huizenga Nofs Taub
Caul Hummel Paletko Tobocman
Cheeks Hune Palmer Vagnozzi
Clack Hunter Palsrok Van Regenmorter
Condino Jamnick Pappageorge Vander Veen
Dennis Johnson, Rick Pastor Voorhees
DeRoche Johnson, Ruth Phillips Walker
DeRossett Julian Pumford Ward
Drolet Koetje Richardville Waters
Ehardt Kolb Rivet Wenke
Elkins Kooiman Robertson Williams
Emmons LaJoy Rocca Wojno
Farhat LaSata Sak Woodward
Farrah Lipsey Shackleton Zelenko
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 1961 PA 236, entitled "Revised judicature act of 1961," by amending sections 1301a, 1303a, 1304, 1304a, 1305, 1307a, 1308, 1309, 1310, 1312, 1313, 1315, 1316, 1317, 1319, 1320, 1321, 1322, 1323, 1324, 1326, 1327, 1328, 1329, 1331, 1332, 1333, 1334, 1335, 1336, 1337, 1338, 1339, 1340, 1341, 1342, 1343, 1345, 1346, 1347, 1372, and 1375 (MCL 600.1301a, 600.1303a, 600.1304, 600.1304a, 600.1305, 600.1307a, 600.1308, 600.1309, 600.1310, 600.1312, 600.1313, 600.1315, 600.1316, 600.1317, 600.1319, 600.1320, 600.1321, 600.1322, 600.1323, 600.1324, 600.1326, 600.1327, 600.1328, 600.1329, 600.1331, 600.1332, 600.1333, 600.1334, 600.1335, 600.1336, 600.1337, 600.1338, 600.1339, 600.1340, 600.1341, 600.1342, 600.1343, 600.1345, 600.1346, 600.1347, 600.1372, and 600.1375), sections 1301a, 1304, 1310, 1312, and 1375 as amended by 1986 PA 104 and section 1307a as amended by 2002 PA 739; and to repeal acts and parts of acts.
The motion prevailed.
The House agreed to the title as amended.
Rep. Richardville moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
Second Reading of Bills
House Bill No. 4039, entitled
A bill to amend 1976 PA 388, entitled "Michigan campaign finance act," by amending section 50 (MCL 169.250), as added by 1994 PA 385.
Was read a second time, and the question being on the adoption of the proposed substitute (H-1) previously recommended by the Committee on Government Operations,
The substitute (H-1) was adopted, a majority of the members serving voting therefor.
Rep. Rocca 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. 4039, entitled
A bill to amend 1976 PA 388, entitled "Michigan campaign finance act," by amending section 50 (MCL 169.250), as added by 1994 PA 385.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 638 Yeas--102
Accavitti Farrah McConico Shackleton
Acciavatti Gaffney Meisner Shaffer
Adamini Garfield Meyer Sheen
Amos Gieleghem Middaugh Sheltrown
Anderson Gleason Milosch Shulman
Bieda Hager Minore Smith
Bisbee Hardman Moolenaar Spade
Bradstreet Hart Mortimer Stahl
Brandenburg Hood Murphy Stakoe
Brown Hoogendyk Newell Steil
Byrum Hopgood Nitz Stewart
Casperson Howell Nofs Tabor
Caswell Huizenga Paletko Taub
Caul Hummel Palmer Tobocman
Cheeks Hune Palsrok Vagnozzi
Clack Hunter Pappageorge Van Regenmorter
Condino Jamnick Pastor Vander Veen
Daniels Johnson, Rick Phillips Voorhees
Dennis Johnson, Ruth Pumford Walker
DeRoche Julian Reeves Ward
DeRossett Koetje Richardville Wenke
Drolet Kolb Rivet Williams
Ehardt Kooiman Robertson Wojno
Elkins LaJoy Rocca Woodward
Emmons LaSata Sak Zelenko
Farhat Lipsey
Nays--0
In The Chair: Julian
The House agreed to the title of the bill.
Reps. Stewart, Gieleghem, Woodward, Shulman, Zelenko, Kolb, DeRossett, Richardville, Murphy, Voorhees, Hager, Ehardt, Meyer, Newell, Vander Veen, Dennis, Howell, Ruth Johnson, Shackleton, Gaffney, Paletko, Pastor, LaJoy, Law, Brandenburg, Bieda, Meisner, Wojno, Acciavatti, Condino, Vagnozzi, DeRoche, Taub, Amos, Stakoe, Hune, Gleason, Robertson, Milosch, Shaffer, Hoogendyk, Nofs, Wenke, Ward, Emmons, Stahl, Sheen, Farhat, Moolenaar, Palsrok and Casperson were named co-sponsors of the bill.
Second Reading of Bills
House Bill No. 4439, entitled
A bill to amend 1986 PA 32, entitled "Emergency telephone service enabling act," by amending sections 408 and 717 (MCL 484.1408 and 484.1717), section 408 as added by 1999 PA 78 and section 717 as added by 1999 PA 79; and to repeal acts and parts of acts.
Was read a second time, and the question being on the adoption of the proposed substitute (H-1) previously recommended by the Committee on Energy and Technology,
The substitute (H-1) was adopted, a majority of the members serving voting therefor.
Rep. Bradstreet moved to substitute (H-4) the bill.
The motion prevailed and the substitute (H-4) was adopted, a majority of the members serving voting therefor.
Rep. Bradstreet 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. 4439, entitled
A bill to amend 1986 PA 32, entitled "Emergency telephone service enabling act," by amending sections 408 and 717 (MCL 484.1408 and 484.1717), section 408 as added by 1999 PA 78 and section 717 as added by 1999 PA 79; and to repeal acts and parts of acts.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 639 Yeas--102
Accavitti Garfield Meisner Shaffer
Acciavatti Gieleghem Meyer Sheen
Adamini Gleason Middaugh Sheltrown
Amos Hager Milosch Shulman
Anderson Hardman Minore Smith
Bieda Hart Moolenaar Spade
Bisbee Hood Mortimer Stahl
Bradstreet Hoogendyk Murphy Stakoe
Brandenburg Hopgood Newell Steil
Brown Howell Nitz Stewart
Byrum Huizenga Nofs Tabor
Casperson Hummel Paletko Taub
Caswell Hune Palmer Tobocman
Caul Hunter Palsrok Vagnozzi
Cheeks Jamnick Pappageorge Van Regenmorter
Clack Johnson, Rick Pastor Vander Veen
Condino Johnson, Ruth Phillips Voorhees
Daniels Julian Pumford Walker
Dennis Koetje Reeves Ward
DeRossett Kolb Richardville Waters
Ehardt Kooiman Rivet Wenke
Elkins LaJoy Robertson Williams
Emmons LaSata Rocca Wojno
Farhat Law Sak Woodward
Farrah Lipsey Shackleton Zelenko
Gaffney McConico
Nays--2
DeRoche Drolet
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 1986 PA 32, entitled "Emergency telephone service enabling act," by amending sections 408, 411, 602, and 711 (MCL 484.1408, 484.1411, 484.1602, and 484.1711), sections 408 and 411 as added by 1999 PA 78, section 602 as amended by 1999 PA 80, and section 711 as added by 1999 PA 79; and to repeal acts and parts of acts.
The motion prevailed.
The House agreed to the title as amended.
Rep. Richardville moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
Second Reading of Bills
House Bill No. 5172, entitled
A bill to amend 1968 PA 251, entitled "Cemetery regulation act," by amending section 9 (MCL 456.529), as amended by 2002 PA 550.
The bill was read a second time.
Rep. Stakoe 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. 5172, entitled
A bill to amend 1968 PA 251, entitled "Cemetery regulation act," by amending section 9 (MCL 456.529), as amended by 2002 PA 550.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 640 Yeas--104
Accavitti Farrah Lipsey Shackleton
Acciavatti Gaffney McConico Shaffer
Adamini Garfield Meisner Sheen
Amos Gieleghem Meyer Sheltrown
Anderson Gleason Middaugh Shulman
Bieda Hager Milosch Smith
Bisbee Hardman Minore Spade
Bradstreet Hart Moolenaar Stahl
Brandenburg Hood Mortimer Stakoe
Brown Hoogendyk Murphy Steil
Byrum Hopgood Newell Stewart
Casperson Howell Nitz Tabor
Caswell Huizenga Nofs Taub
Caul Hummel Paletko Tobocman
Cheeks Hune Palmer Vagnozzi
Clack Hunter Palsrok Van Regenmorter
Condino Jamnick Pappageorge Vander Veen
Daniels Johnson, Rick Pastor Voorhees
Dennis Johnson, Ruth Phillips Walker
DeRoche Julian Pumford Ward
DeRossett Koetje Reeves Waters
Drolet Kolb Richardville Wenke
Ehardt Kooiman Rivet Williams
Elkins LaJoy Robertson Wojno
Emmons LaSata Rocca Woodward
Farhat Law Sak 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
House Bill No. 5145, entitled
A bill to amend 1978 PA 368, entitled "Public health code," by amending section 12753 (MCL 333.12753).
Was read a second time, and the question being on the adoption of the proposed substitute (H-1) previously recommended by the Committee on Local Government and Urban Policy,
The substitute (H-1) was adopted, a majority of the members serving voting therefor.
Rep. 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. 5145, entitled
A bill to amend 1978 PA 368, entitled "Public health code," by amending section 12753 (MCL 333.12753).
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 641 Yeas--58
Acciavatti Hoogendyk Newell Sheltrown
Amos Howell Nitz Shulman
Bisbee Huizenga Nofs Spade
Bradstreet Hummel Palmer Stahl
Brandenburg Hune Palsrok Stakoe
Casperson Johnson, Rick Pappageorge Steil
Caswell Johnson, Ruth Pastor Tabor
Caul Julian Richardville Taub
DeRoche Koetje Rivet Van Regenmorter
Drolet Kooiman Robertson Vander Veen
Ehardt LaJoy Rocca Voorhees
Emmons Meyer Shackleton Walker
Farhat Milosch Shaffer Ward
Garfield Moolenaar Sheen Wenke
Hager Mortimer
Nays--46
Accavitti Elkins LaSata Reeves
Adamini Farrah Law Sak
Anderson Gaffney Lipsey Smith
Bieda Gieleghem McConico Stewart
Brown Gleason Meisner Tobocman
Byrum Hardman Middaugh Vagnozzi
Cheeks Hart Minore Waters
Clack Hood Murphy Williams
Condino Hopgood Paletko Wojno
Daniels Hunter Phillips Woodward
Dennis Jamnick Pumford Zelenko
DeRossett Kolb
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. 5214, entitled
A bill to amend 1954 PA 116, entitled "Michigan election law," by amending section 482 (MCL 168.482), as amended by 1998 PA 142.
Was read a second time, and the question being on the adoption of the proposed substitute (H-1) previously recommended by the Committee on Local Government and Urban Policy,
The substitute (H-1) 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. 5214, entitled
A bill to amend 1954 PA 116, entitled "Michigan election law," by amending section 482 (MCL 168.482), as amended by 1998 PA 142.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 642 Yeas--100
Accavitti Farhat Law Sak
Acciavatti Farrah Lipsey Shackleton
Adamini Gaffney Meisner Shaffer
Amos Garfield Meyer Sheen
Anderson Gieleghem Middaugh Sheltrown
Bieda Gleason Milosch Shulman
Bisbee Hager Minore Spade
Bradstreet Hart Moolenaar Stahl
Brandenburg Hood Mortimer Stakoe
Brown Hoogendyk Murphy Steil
Byrum Hopgood Newell Stewart
Casperson Howell Nitz Tabor
Caswell Huizenga Nofs Taub
Caul Hummel Paletko Tobocman
Cheeks Hune Palmer Van Regenmorter
Clack Hunter Palsrok Vander Veen
Condino Jamnick Pappageorge Voorhees
Daniels Johnson, Rick Pastor Walker
Dennis Johnson, Ruth Phillips Ward
DeRoche Julian Pumford Waters
DeRossett Koetje Reeves Wenke
Drolet Kolb Richardville Williams
Ehardt Kooiman Rivet Wojno
Elkins LaJoy Robertson Woodward
Emmons LaSata Rocca Zelenko
Nays--3
Hardman McConico Vagnozzi
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. 687, entitled
A bill to amend 1973 PA 139, entitled "An act to provide forms of county government; to provide for county managers and county executives and to prescribe their powers and duties; to abolish certain departments, boards, commissions, and authorities; to provide for transfer of certain powers and functions; to prescribe powers of a board of county commissioners and elected officials; to provide organization of administrative functions; to transfer property; to retain ordinances and laws not inconsistent with this act; to provide methods for abolition of a unified form of county government; and to prescribe penalties and provide remedies," by amending sections 9 and 10 (MCL 45.559 and 45.560), section 9 as amended by 1980 PA 100, and by adding section 9a.
The bill was read a second time.
Reps. Elkins and Rivet moved to amend the bill as follows:
1. Amend page 4, line 19, by striking out all of section 10 and inserting:
"(5) Within 10 days after being sworn in, the county executive shall appoint a chief deputy. The county executive may also appoint additional deputies whom he or she considers necessary to perform the functions and duties of the office of elected county executive.
(6) The county executive shall file a statement with the county clerk identifying the individual appointed as chief deputy and all other individuals appointed as a deputy or assistant deputy. The statement shall also identify the ranking order of the deputies.
(7) If the county executive is absent or unable to perform the duties of his or her office, the chief deputy shall perform the duties of the county executive until such time that the elected county executive can resume the duties of his or her office.
(8) The county executive may revoke his or her appointments at any time.
(9) This section shall apply only to a county that has adopted an optional unified form of county government under 1973 PA 139, MCL 45.551 to 45.573.".
The motion prevailed and the amendment was adopted, a majority of the members serving voting therefor.
Reps. Elkins and Rivet moved to amend the bill as follows:
1. Amend page 4, line 19, by striking out all of section 10 and inserting:
"(5) Within 10 days after being sworn in, the county executive shall appoint a chief deputy. The county executive may also appoint additional deputies whom he or she considers necessary to perform the functions and duties of the office of elected county executive.
(6) The county executive shall file a statement with the county clerk identifying the individual appointed as chief deputy and all other individuals appointed as a deputy or assistant deputy. The statement shall also identify the ranking order of the deputies.
(7) If the county executive is absent or unable to perform the duties of his or her office, the chief deputy shall perform the duties of the county executive until such time that the elected county executive can resume the duties of his or her office.
(8) The county executive may revoke his or her appointments at any time.
(9) This section shall apply only to a county with a population of more than 1,000,000 and has adopted an optional unified form of county government under this act.".
The motion prevailed and the amendment was adopted, a majority of the members serving voting therefor.
Rep. Elkins moved to reconsider the vote by which the House adopted the amendment offered previously by Reps.Elkins and Rivet.
The motion prevailed, a majority of the members present voting therefor.
The question being on the adoption of the amendment offered previously by Reps. Elkins and Rivet,
Rep. Elkins withdrew the amendment.
Rep. Richardville 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
Senate Bill No. 687, entitled
A bill to amend 1973 PA 139, entitled "An act to provide forms of county government; to provide for county managers and county executives and to prescribe their powers and duties; to abolish certain departments, boards, commissions, and authorities; to provide for transfer of certain powers and functions; to prescribe powers of a board of county commissioners and elected officials; to provide organization of administrative functions; to transfer property; to retain ordinances and laws not inconsistent with this act; to provide methods for abolition of a unified form of county government; and to prescribe penalties and provide remedies," by amending sections 9 and 10 (MCL 45.559 and 45.560), section 9 as amended by 1980 PA 100, and by adding section 9a.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 643 Yeas--101
Accavitti Farrah Lipsey Sak
Acciavatti Gaffney McConico Shackleton
Adamini Garfield Meisner Shaffer
Amos Gieleghem Meyer Sheen
Anderson Gleason Middaugh Sheltrown
Bieda Hager Milosch Shulman
Bisbee Hart Minore Spade
Bradstreet Hood Moolenaar Stahl
Brandenburg Hoogendyk Mortimer Stakoe
Brown Hopgood Murphy Steil
Byrum Howell Newell Stewart
Casperson Huizenga Nitz Tabor
Caswell Hummel Nofs Taub
Caul Hune Paletko Tobocman
Cheeks Hunter Palmer Vagnozzi
Clack Jamnick Palsrok Van Regenmorter
Condino Johnson, Rick Pappageorge Vander Veen
Daniels Johnson, Ruth Pastor Voorhees
Dennis Julian Phillips Walker
DeRoche Koetje Pumford Ward
DeRossett Kolb Reeves Waters
Drolet Kooiman Richardville Wenke
Ehardt LaJoy Rivet Williams
Elkins LaSata Robertson Wojno
Emmons Law Rocca Zelenko
Farhat
Nays--2
Hardman Woodward
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 1973 PA 139, entitled "An act to provide forms of county government; to provide for county managers and county executives and to prescribe their powers and duties; to abolish certain departments, boards, commissions, and authorities; to provide for transfer of certain powers and functions; to prescribe powers of a board of county commissioners and elected officials; to provide organization of administrative functions; to transfer property; to retain ordinances and laws not inconsistent with this act; to provide methods for abolition of a unified form of county government; and to prescribe penalties and provide remedies," by amending section 9 (MCL 45.559), section 9 as amended by 1980 PA 100, and by adding section 9a.
The motion prevailed.
The House agreed to the title as amended.
Rep. Richardville moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
Second Reading of Bills
The House returned to the consideration of
Senate Bill No. 474, entitled
A bill to regulate the business of deferred presentment services; to require the licensing of providers of deferred presentment services; to prescribe powers and duties of certain state agencies and officials; and to prescribe penalties and provide remedies.
(The bill was considered earlier today, see today's Journal, p. 2127.)
Rep. Palsrok moved to amend the bill as follows:
1. Amend page 4, line 7, after "whose" by striking out "deposits" and inserting "accounts".
The motion prevailed and the amendment was adopted, a majority of the members serving voting therefor.
Rep. Woodward moved to amend the bill as follows:
1. Amend page 19, line 25, after "exceed" by striking out the balance of the subsection and inserting "100% APR.".
The question being on the adoption of the amendment offered by Rep. Woodward,
Rep. Woodward demanded the yeas and nays.
The demand was supported.
The question being on the adoption of the amendment offered by Rep. Woodward,
The amendment was not adopted, a majority of the members serving not voting therefor, by yeas and nays, as follows:
Roll Call No. 644 Yeas--38
Accavitti Dennis Kolb Sak
Acciavatti Elkins Law Sheltrown
Adamini Farrah Lipsey Spade
Bieda Gieleghem Meisner Tobocman
Brown Gleason Minore Vagnozzi
Byrum Hardman Murphy Waters
Cheeks Hood Phillips Williams
Clack Hopgood Reeves Woodward
Condino Hunter Rocca Zelenko
Daniels Jamnick
Nays--55
Amos Garfield Meyer Robertson
Anderson Hager Middaugh Shackleton
Bisbee Hart Milosch Shaffer
Bradstreet Hoogendyk Moolenaar Sheen
Brandenburg Howell Mortimer Shulman
Casperson Hummel Newell Stakoe
Caul Hune Nofs Steil
DeRoche Johnson, Rick Paletko Stewart
DeRossett Johnson, Ruth Palmer Taub
Drolet Julian Palsrok Vander Veen
Ehardt Koetje Pappageorge Walker
Emmons Kooiman Pastor Ward
Farhat LaJoy Pumford Wojno
Gaffney LaSata Richardville
In The Chair: Julian
Rep. Woodward moved to amend the bill as follows:
1. Amend page 19, line 25, after "exceed" by striking out the balance of the subsection and inserting "200% APR.".
The question being on the adoption of the amendment offered by Rep. Woodward,
Rep. Woodward demanded the yeas and nays.
The demand was supported.
The question being on the adoption of the amendment offered by Rep. Woodward,
The amendment was not adopted, a majority of the members serving not voting therefor, by yeas and nays, as follows:
Roll Call No. 645 Yeas--37
Accavitti Dennis Kolb Rocca
Adamini Elkins Law Sak
Anderson Farrah Lipsey Sheltrown
Bieda Gieleghem McConico Smith
Brown Gleason Meisner Tobocman
Byrum Hardman Minore Vagnozzi
Cheeks Hood Murphy Williams
Clack Hunter Phillips Woodward
Condino Jamnick Reeves Zelenko
Daniels
Nays--60
Acciavatti Hager Middaugh Shaffer
Amos Hart Milosch Sheen
Bisbee Hoogendyk Moolenaar Shulman
Bradstreet Howell Newell Spade
Brandenburg Huizenga Nitz Stahl
Casperson Hummel Nofs Stakoe
Caswell Hune Paletko Steil
Caul Johnson, Rick Palmer Stewart
DeRoche Johnson, Ruth Palsrok Tabor
DeRossett Julian Pappageorge Taub
Drolet Koetje Pastor Van Regenmorter
Emmons Kooiman Pumford Walker
Farhat LaJoy Richardville Ward
Gaffney LaSata Robertson Wenke
Garfield Meyer Shackleton Wojno
In The Chair: Julian
Rep. Woodward moved to amend the bill as follows:
1. Amend page 18, following line 3, by inserting:
"(g) A calculation of the cost of the service fee to the customer, expressed as a percentage rate per year." and relettering the remaining subdivisions.
The question being on the adoption of the amendment offered by Rep. Woodward,
Rep. Woodward demanded the yeas and nays.
The demand was supported.
The question being on the adoption of the amendment offered by Rep. Woodward,
The amendment was adopted, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 646 Yeas--97
Accavitti Farrah Law Shackleton
Acciavatti Gaffney Lipsey Shaffer
Adamini Garfield McConico Sheen
Amos Gieleghem Meisner Sheltrown
Anderson Gleason Meyer Shulman
Bieda Hager Middaugh Smith
Bisbee Hardman Milosch Spade
Bradstreet Hart Minore Stakoe
Brandenburg Hood Moolenaar Steil
Brown Hoogendyk Mortimer Stewart
Byrum Hopgood Murphy Tabor
Casperson Howell Nitz Taub
Caswell Huizenga Nofs Tobocman
Caul Hummel Paletko Vagnozzi
Cheeks Hunter Palsrok Van Regenmorter
Clack Jamnick Pappageorge Vander Veen
Condino Johnson, Rick Pastor Voorhees
Daniels Johnson, Ruth Phillips Walker
Dennis Julian Pumford Waters
DeRoche Koetje Reeves Wenke
DeRossett Kolb Richardville Williams
Ehardt Kooiman Robertson Wojno
Elkins LaJoy Rocca Woodward
Emmons LaSata Sak Zelenko
Farhat
Nays--6
Drolet Newell Stahl Ward
Hune Palmer
In The Chair: Julian
Rep. Richardville 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
Senate Bill No. 474, entitled
A bill to regulate the business of deferred presentment services; to require the licensing of providers of deferred presentment services; to prescribe powers and duties of certain state agencies and officials; and to prescribe penalties and provide remedies.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 647 Yeas--57
Acciavatti Garfield Middaugh Shackleton
Adamini Hager Milosch Shaffer
Amos Howell Moolenaar Shulman
Bisbee Huizenga Mortimer Stahl
Bradstreet Hummel Newell Stakoe
Brandenburg Hune Nitz Stewart
Brown Hunter Nofs Tabor
Casperson Johnson, Rick Palsrok Taub
Caswell Johnson, Ruth Pappageorge Van Regenmorter
Caul Julian Pastor Vander Veen
DeRoche Koetje Pumford Voorhees
Ehardt Kooiman Richardville Walker
Emmons LaJoy Rivet Ward
Farhat Meyer Robertson Wenke
Gaffney
Nays--45
Accavitti Farrah Law Sheltrown
Anderson Gieleghem Meisner Smith
Bieda Gleason Minore Spade
Byrum Hardman Murphy Steil
Cheeks Hart Paletko Tobocman
Clack Hood Palmer Vagnozzi
Condino Hoogendyk Phillips Waters
Daniels Hopgood Reeves Williams
Dennis Jamnick Rocca Wojno
DeRossett Kolb Sak Woodward
Drolet LaSata Sheen Zelenko
Elkins
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 regulate the business of providing deferred presentment service transactions; to require the licensing of providers of deferred presentment service transactions; to prescribe powers and duties of certain state agencies and officials; and to prescribe penalties and provide remedies.
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. Accavitti, Bieda, Zelenko, Law and Dennis, having reserved the right to explain their protest against the passage of the bill, made the following statement:
"Mr. Speaker and members of the House:
I voted no on Senate Bill 474 (H-6) because I disagreed with the fee that licensees may charge customers under the bill. The bill, as passed, allows licensees to charge customers a service fee that does not exceed 14% of the face amount of the check or checks given by the customer to the licensee for the deferred presentment service transaction. According to some consumer advocacy groups, fees and annual percentage rates of some of these transactions have climbed as high as 2000%. It is my belief that any fee in excess of 10% is downright gouging in the purest sense. The deferred presentment service industry has failed to show that it cannot make a profit or remain solvent at a rate of 10%. Evidence has been offered to show that in the state of Florida, where there is a 10% fee cap, these businesses have not only remained solvent, but have also experienced 11% in growth. The House also recently passed Senate Bill 496 modernizing the regulations regarding credit unions. That bill, once enacted, will allow credit unions to opportunity to perform the same type of transactions with a 10% fee limit. Because amendments offered to reduce the service fee to between 10% and 12% failed to pass, I voted no on Senate Bill 474 (H-6)."
Second Reading of Bills
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.
Was read a second time, and the question being on the adoption of the proposed substitute (H-3) previously recommended by the Committee on Transportation,
The substitute (H-3) was adopted, a majority of the members serving voting therefor.
Rep. Gaffney moved to amend the bill as follows:
1. Amend page 1, line 1, after "Sec. 2." by inserting "(1)".
2. Amend page 2, following line 8, by inserting:
"(2) For 2 years beginning on the effective date of the amendatory act that added subsection (1)(c), the secretary of state shall place a notice in each mailing sent to an individual whose operator's license is eligible for renewal containing a summary of the change of law occasioned by the enactment of the amendatory act that added subsection (1)(c).".
The motion did not prevail and the amendments were not adopted, a majority of the members serving not voting therefor.
Rep. Pastor 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. 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.
The bill was read a third time.
The question being on the passage of the bill,
Rep. Gaffney moved to reconsider the vote by which the House placed the bill on the order of Third Reading of Bills.
The motion prevailed, a majority of the members present voting therefor.
Second Reading of Bills
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.
Rep. Gaffney moved to reconsider the vote by which the House did not adopt the amendments offered previously by Rep. Gaffney.
The motion prevailed, a majority of the members present voting therefor.
The question being on the adoption of the amendments offered previously by Rep. Gaffney,
Rep. Gaffney demanded the yeas and nays.
The demand was supported.
The question being on the adoption of the amendments offered previously by Rep. Gaffney,
The amendments were not adopted, a majority of the members serving not voting therefor, by yeas and nays, as follows:
Roll Call No. 648 Yeas--52
Accavitti Gieleghem Middaugh Sheltrown
Adamini Gleason Murphy Shulman
Anderson Hardman Nofs Smith
Bieda Hart Paletko Spade
Brown Hood Palmer Stakoe
Cheeks Hopgood Palsrok Stewart
Condino Hune Pappageorge Tobocman
Daniels Hunter Phillips Vagnozzi
Dennis Johnson, Ruth Pumford Walker
Drolet Law Robertson Waters
Elkins Lipsey Rocca Williams
Farrah McConico Sak Wojno
Gaffney Meisner Shaffer Zelenko
Nays--41
Acciavatti Farhat LaJoy Shackleton
Bisbee Garfield LaSata Sheen
Bradstreet Hoogendyk Meyer Steil
Brandenburg Huizenga Milosch Tabor
Casperson Hummel Minore Taub
Caswell Jamnick Moolenaar Van Regenmorter
Caul Johnson, Rick Newell Vander Veen
Clack Julian Nitz Voorhees
DeRoche Koetje Pastor Ward
DeRossett Kooiman Richardville Wenke
Emmons
In The Chair: Julian
Rep. Pastor 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. 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.
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. 649 Yeas--101
Accavitti Gaffney Meisner Shaffer
Acciavatti Garfield Meyer Sheen
Adamini Gieleghem Middaugh Sheltrown
Amos Gleason Milosch Shulman
Anderson Hager Minore Smith
Bieda Hardman Moolenaar Spade
Bradstreet Hart Mortimer Stahl
Brandenburg Hood Murphy Stakoe
Brown Hoogendyk Newell Steil
Byrum Hopgood Nitz Stewart
Casperson Howell Nofs Tabor
Caswell Huizenga Paletko Taub
Caul Hummel Palmer Tobocman
Cheeks Hune Palsrok Vagnozzi
Clack Hunter Pappageorge Van Regenmorter
Condino Jamnick Pastor Vander Veen
Daniels Johnson, Rick Phillips Voorhees
Dennis Johnson, Ruth Pumford Walker
DeRoche Julian Reeves Ward
DeRossett Kolb Richardville Waters
Drolet Kooiman Rivet Wenke
Ehardt LaJoy Robertson Williams
Elkins LaSata Rocca Wojno
Emmons Lipsey Sak Woodward
Farhat McConico Shackleton Zelenko
Farrah
Nays--2
Bisbee Koetje
In The Chair: Julian
The House agreed to the title of the bill.
Rep. Richardville moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
______
Rep. Richardville moved that when the House adjourns today it stand adjourned until Thursday, November 13, at 12:05 a.m.
The motion prevailed.
By unanimous consent the House returned to the order of
Motions and Resolutions
Reps. Paletko, Accavitti, Adamini, Anderson, Bieda, Clack, Ehardt, Farhat, Garfield, Gieleghem, Hopgood, Huizenga, Jamnick, Law, Lipsey, McConico, Minore, Mortimer, O'Neil, Pappageorge, Sak, Shulman, Spade, Stallworth, Stewart, Tobocman, Vagnozzi, Vander Veen, Waters, Woronchak, Zelenko, Dennis, Brown, Byrum, Plakas, Gleason, Murphy and Phillips offered the following resolution:
House Resolution No. 174.
A resolution honoring Michigan's Muslim sisters and brothers during the holy month of Ramadan.
Whereas, We have entered the Muslim holy month of Ramadan, the 9th month of the Muslim calendar; and
Whereas, The celebration of Ramadan is one of the five pillars of Islam; and
Whereas, During this month in which God sent the holy book, the Qu'ran, down from heaven, Muslims around the world unite in celebration and revelation, beginning with the observation of the moon after a new moon. This holy month is marked with worship, spiritual faith through prayer, intensive study of the Qu'ran, and celebration of God, family, and community; and
Whereas, The word Ramadan comes from the Arabic words for "sun-baked ground" and "parched thirst," which signify the Earth, scorched from the heat of the sun. For Muslims, this period of fasting during daylight hours, and by offering words of prayer throughout these most holy days, is a time of self-purification. The hunger and thirst from fasting offer followers full concentration on God and the tenets of the Muslim faith, just as the Earth embraces the heat of the sun; and
Whereas, There is much that we can learn and understand from our Muslim sisters and brothers. Most importantly we may know that Islam is a religion of peace, family, and community. As Muslim families celebrate Ramadan, let us all remember the strength and discipline that faith offers each of our lives and the lives of others; now, therefore, be it
Resolved by the House of Representatives, That the members of this legislative body honor our Muslim sisters and brothers during the holy month of Ramadan.
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 Judiciary, by Rep. Howell, Chair, reported
House Bill No. 4104, entitled
A bill to amend 1939 PA 288, entitled "Probate code of 1939," by amending section 60 of chapter X (MCL 710.60), as amended by 1996 PA 409.
With the recommendation that the following amendment be adopted and that the bill then pass.
1. Amend page 3, line 2, after "unless" by striking out "Senate Bill No. ____________ or House Bill No. 4105 (request no. 00768'03)" and inserting "House Bill No. 5039".
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, Bradstreet, Koetje, Pappageorge, Voorhees, Gaffney, Garfield, Lipsey, Adamini, Bieda and Condino
Nays: None
The Committee on Judiciary, by Rep. Howell, Chair, reported
House Bill No. 5039, entitled
A bill to amend 1970 PA 91, entitled "Child custody act of 1970," by amending sections 2 and 7b (MCL 722.22 and 722.27b), section 2 as amended by 2002 PA 9 and section 7b as amended by 1996 PA 19.
With the recommendation that the substitute (H-4) be adopted and that the bill then pass.
The bill and substitute were referred to the order of Second Reading of Bills and laid over one day.
Favorable Roll Call
To Report Out:
Yeas: Reps. Howell, LaSata, Bradstreet, Koetje, Pappageorge, Voorhees, Gaffney, Garfield, Lipsey, Adamini, Bieda, Condino and Smith
Nays: None
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Howell, Chair of the Committee on Judiciary, was received and read:
Meeting held on: Wednesday, November 12, 2003, at 9:00 a.m.
Present: Reps. Howell, LaSata, Van Regenmorter, Bradstreet, Koetje, Pappageorge, Voorhees, Gaffney, Garfield, Wenke, Lipsey, Adamini, Bieda, Condino and Smith
Announcements by the Clerk
November 3, 2003
Received from Northern Michigan University the financial report for the fiscal year ending June 30, 2003 which is available on their website: http://www.nmu.edu/finance/.
Gary L. Randall
Clerk of the House
By unanimous consent the House returned to the order of
Messages from the Senate
House Bill No. 4011, entitled
A bill to repeal 1927 LA 9, entitled "An act to prohibit hunting on Sunday in the county of Washtenaw and to prescribe penalties for the violation thereof.".
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. 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 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.
Senate Bill No. 637, entitled
A bill to amend 1998 PA 58, entitled "Michigan liquor control code of 1998," by amending section 703 (MCL 436.1703), as amended by 1999 PA 53.
The Senate has passed the bill.
The bill was read a first time by its title and referred to the Committee on Criminal Justice.
Senate Bill No. 820, entitled
A bill to amend 1975 PA 228, entitled "Single business tax act," by amending section 37d (MCL 208.37d), as amended by 1999 PA 100.
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. 821, entitled
A bill to amend 1975 PA 228, entitled "Single business tax act," by amending section 37c (MCL 208.37c), as amended by 2000 PA 429.
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. 822, entitled
A bill to amend 1975 PA 228, entitled "Single business tax act," by amending section 38g (MCL 208.38g), as amended by 2002 PA 726.
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. 824, entitled
A bill to amend 1995 PA 24, entitled "Michigan economic growth authority act," by amending sections 3, 4, 5, 6, 8, and 10 (MCL 207.803, 207.804, 207.805, 207.806, 207.808, and 207.810), section 3 as amended by 2000 PA 428 and sections 6 and 8 as amended by 2000 PA 144, and by adding section 8a.
The Senate has passed the bill.
The bill was read a first time by its title and referred to the Committee on Commerce.
Senate Concurrent Resolution No. 37.
A concurrent resolution prescribing the legislative schedule.
Resolved by the Senate (the House of Representatives concurring), That when the Senate adjourns on Thursday, November 13, 2003, it stands adjourned until Tuesday, December 2, 2003 at 10:00 a.m.; and be it further
Resolved, That when the House of Representatives adjourns on Wednesday, November 12, 2003, it stands adjourned until Tuesday, December 2, 2003, at 1:00 p.m.
The Senate has adopted the concurrent resolution.
The concurrent resolution was referred to the Committee on Government Operations.
Senate Concurrent Resolution No. 38.
A concurrent resolution prescribing the legislative schedule.
Resolved by the Senate (the House of Representatives concurring), That when the Legislature adjourns on Thursday, November 13, 2003, it stands adjourned until Tuesday, December 2, 2003 at 10:00 a.m. for the Senate and 1:00 p.m. for the House of Representatives.
The Senate has adopted the concurrent resolution.
Pending the reference of the concurrent resolution to a committee,
Rep. Richardville moved that Rule 77 be suspended and the concurrent 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 concurrent resolution,
The concurrent resolution was adopted.
______
Rep. Shulman moved that the House adjourn.
The motion prevailed, the time being 11:55 p.m.
The Speaker Pro Tempore declared the House adjourned until Thursday, November 13, at 12:05 a.m.
GARY L. RANDALL
Clerk of the House of Representatives