2004-HJ-02-03-007.htm

No. 7

STATE OF MICHIGAN

JOURNAL

OF THE

House of Representatives

92nd Legislature

REGULAR SESSION OF 2004

House Chamber, Lansing, Tuesday, February 3, 2004.

1:00 p.m.

The House was called to order by the Speaker Pro Tempore.

The roll was called by the Clerk of the House of Representatives, who announced that a quorum was present.

Accavitti--present Garfield--present Meisner--present Sheen--present

Acciavatti--present Gieleghem--present Meyer--present Sheltrown--present

Adamini--e/d/s Gillard--present Middaugh--present Shulman--excused

Amos--present Gleason--present Milosch--present Smith--present

Anderson--present Hager--present Minore--present Spade--present

Bieda--present Hardman--present Moolenaar--present Stahl--present

Bisbee--present Hart--present Mortimer--present Stakoe--present

Bradstreet--present Hood--present Murphy--present Stallworth--excused

Brandenburg--present Hoogendyk--present Newell--present Steil--present

Brown--present Hopgood--present Nitz--present Stewart--present

Byrum--present Howell--present Nofs--present Tabor--present

Casperson--excused Huizenga--present O'Neil--present Taub--present

Caswell--present Hummel--present Palmer--present Tobocman--present

Caul--present Hune--present Palsrok--present Vagnozzi--present

Cheeks--present Hunter--present Pappageorge--present Van Regenmorter--present

Clack--present Jamnick--present Pastor--present Vander Veen--present

Condino--present Johnson, Rick--present Phillips--present Voorhees--present

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

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

DeRoche--present Koetje--present Reeves--present Waters--present

DeRossett--present Kolb--present Richardville--present Wenke--present

Drolet--present Kooiman--present Rivet--present Whitmer--present

Ehardt--present LaJoy--present Robertson--present Williams--present

Elkins--present LaSata--present Rocca--present Wojno--present

Emmons--present Law--present Sak--present Woodward--present

Farhat--present Lipsey--present Shackleton--present Woronchak--excused

Farrah--present McConico--present Shaffer--present Zelenko--present

Gaffney--present

e/d/s = entered during session

Rep. Mary D. Waters, from the 4th District, offered the following invocation:

"O Lord, our God, how excellent is Your name. Before the mountains were brought forth or ever Thou hast created the heavens and earth from everlasting, Thou art God. For a thousand years in Thy sight is like an evening past or a watch in the night. Gracious Master and our God, this day we ask that You might have mercy upon the state of Michigan. Continue to bless our state with an abundance of natural resources: from the top of the Upper Peninsula to the bottom of the bottom half of the state, bless us with clean water, natural gas, and electricity. Continue to bless our state with a workforce, which is prepared and desirous of work. Grant that we who are charged with the responsibility of representing every sector of this great state, might expand our vision to look beyond individual district boundaries and political parties that we might do what is best for the entire state. Humble us this day as we consider the awesome responsibility the citizens of Michigan have given to us. Make efforts to find mutual solutions to common problems, courteous in how we interact with one another, sensitive to the needs of the poor and downtrodden, tenacious in our support for individual local districts and big enough to grasp issues which affect the entire state. God bless the citizens of Michigan. God bless our Governor. God bless the state legislature. God bless our judiciary and Constitution. God bless the people of the nation and world. Amen."

______

Rep. Waters moved that Rep. Stallworth be excused from this week's session.

The motion prevailed.

Rep. Palmer moved that Reps. Casperson, Shulman and Woronchak be excused from today's session.

The motion prevailed.

Second Reading of Bills

House Bill No. 5307, entitled

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

Was read a second time, and the question being on the adoption of the proposed amendments previously recommended by the Committee on Judiciary (for amendments, see House Journal No. 2, p. 13),

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

Rep. Van Regenmorter moved to amend the bill as follows:

1. Amend page 7, line 5, after "or" by striking out "estate" and inserting "will".

2. Amend page 8, line 5, after "they" by inserting "would".

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

Rep. Van Regenmorter 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. Wojno be excused temporarily from today's session.

The motion prevailed.

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

The motion prevailed.

By unanimous consent the House returned to the order of

Third Reading of Bills

House Bill No. 5307, entitled

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

Roll Call No. 6 Yeas--102

Accavitti Gieleghem Meisner Shackleton

Acciavatti Gillard Meyer Shaffer

Amos Gleason Middaugh Sheen

Anderson Hager Milosch Sheltrown

Bieda Hardman Minore Smith

Bisbee Hart Moolenaar Spade

Brandenburg Hood Mortimer Stahl

Brown Hoogendyk Murphy Stakoe

Byrum Hopgood Newell Steil

Caswell Howell Nitz Stewart

Caul Huizenga Nofs Tabor

Cheeks Hummel O'Neil Taub

Clack Hune Palmer Tobocman

Condino Hunter Palsrok Vagnozzi

Daniels Jamnick Pappageorge Van Regenmorter

Dennis Johnson, Rick Pastor Vander Veen

DeRoche Johnson, Ruth Phillips Voorhees

DeRossett Julian Plakas Walker

Drolet Koetje Pumford Ward

Ehardt Kolb Reeves Waters

Elkins Kooiman Richardville Wenke

Emmons LaJoy Rivet Whitmer

Farhat LaSata Robertson Williams

Farrah Law Rocca Woodward

Gaffney Lipsey Sak Zelenko

Garfield McConico

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. 5148, entitled

A bill to amend 1962 PA 174, entitled "Uniform commercial code," by amending sections 9501 and 9525 (MCL 440.9501 and 440.9525), section 9501 as amended and section 9525 as added by 2000 PA 348.

Was read a second time, and the question being on the adoption of the proposed substitute (H-3) previously recommended by the Committee on Government Operations,

The substitute (H-3) was adopted, a majority of the members serving voting therefor.

Rep. Shackleton 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. 5148, entitled

A bill to amend 1962 PA 174, entitled "Uniform commercial code," by amending section 9501 (MCL 440.9501), as amended by 2000 PA 348.

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

Roll Call No. 7 Yeas--103

Accavitti Garfield McConico Shackleton

Acciavatti Gieleghem Meisner Shaffer

Amos Gillard Meyer Sheen

Anderson Gleason Middaugh Sheltrown

Bieda Hager Milosch Smith

Bisbee Hardman Minore Spade

Bradstreet Hart Moolenaar Stahl

Brandenburg Hood Mortimer Stakoe

Brown Hoogendyk Murphy Steil

Byrum Hopgood Newell Stewart

Caswell Howell Nitz Tabor

Caul Huizenga Nofs Taub

Cheeks Hummel O'Neil Tobocman

Clack Hune Palmer Vagnozzi

Condino Hunter Palsrok Van Regenmorter

Daniels Jamnick Pappageorge Vander Veen

Dennis Johnson, Rick Pastor Voorhees

DeRoche Johnson, Ruth Phillips Walker

DeRossett Julian Plakas Ward

Drolet Koetje Pumford Waters

Ehardt Kolb Reeves Wenke

Elkins Kooiman Richardville Whitmer

Emmons LaJoy Rivet Williams

Farhat LaSata Robertson Woodward

Farrah Law Rocca Zelenko

Gaffney Lipsey Sak

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 1962 PA 174, entitled "Uniform commercial code," by amending sections 9501 and 9525 (MCL 440.9501 and 440.9525), section 9501 as amended and section 9525 as added by 2000 PA 348.

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. 5375, entitled

A bill to amend 1951 PA 51, entitled "An act to provide for the classification of all public roads, streets, and highways in this state, and for the revision of that classification and for additions to and deletions from each classification; to set up and establish the Michigan transportation fund; to provide for the deposits in the Michigan transportation fund of specific taxes on motor vehicles and motor vehicle fuels; to provide for the allocation of funds from the Michigan transportation fund and the use and administration of the fund for transportation purposes; to set up and establish the truck safety fund; to provide for the allocation of funds from the truck safety fund and administration of the fund for truck safety purposes; to set up and establish the Michigan truck safety commission; to establish certain standards for road contracts for certain businesses; to provide for the continuing review of transportation needs within the state; to authorize the state transportation commission, counties, cities, and villages to borrow money, issue bonds, and make pledges of funds for transportation purposes; to authorize counties to advance funds for the payment of deficiencies necessary for the payment of bonds issued under this act; to provide for the limitations, payment, retirement, and security of the bonds and pledges; to provide for appropriations and tax levies by counties and townships for county roads; to authorize contributions by townships for county roads; to provide for the establishment and administration of the state trunk line fund, critical bridge fund, comprehensive transportation fund, and certain other funds; to provide for the deposits in the state trunk line fund, critical bridge fund, comprehensive transportation fund, and certain other funds of money raised by specific taxes and fees; to provide for definitions of public transportation functions and criteria; to define the purposes for which Michigan transportation funds may be allocated; to provide for Michigan transportation fund grants; to provide for review and approval of transportation programs; to provide for submission of annual legislative requests and reports; to provide for the establishment and functions of certain advisory entities; to provide for conditions for grants; to provide for the issuance of bonds and notes for transportation purposes; to provide for the powers and duties of certain state and local agencies and officials; to provide for the making of loans for transportation purposes by the state transportation department and for the receipt and repayment by local units and agencies of those loans from certain specified sources; and to repeal acts and parts of acts," by amending section 10e (MCL 247.660e), as amended by 1998 PA 87.

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. Koetje moved to amend the bill as follows:

1. Amend page 3, line 10, after "legislature" by striking out "pursuant to the state transportation program approved by the commission".

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

Rep. Koetje 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. 5375, entitled

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

Roll Call No. 8 Yeas--103

Accavitti Garfield McConico Shackleton

Acciavatti Gieleghem Meisner Shaffer

Amos Gillard Meyer Sheen

Anderson Gleason Middaugh Sheltrown

Bieda Hager Milosch Smith

Bisbee Hardman Minore Spade

Bradstreet Hart Moolenaar Stahl

Brandenburg Hood Mortimer Stakoe

Brown Hoogendyk Murphy Steil

Byrum Hopgood Newell Stewart

Caswell Howell Nitz Tabor

Caul Huizenga Nofs Taub

Cheeks Hummel O'Neil Tobocman

Clack Hune Palmer Vagnozzi

Condino Hunter Palsrok Van Regenmorter

Daniels Jamnick Pappageorge Vander Veen

Dennis Johnson, Rick Pastor Voorhees

DeRoche Johnson, Ruth Phillips Walker

DeRossett Julian Plakas Ward

Drolet Koetje Pumford Waters

Ehardt Kolb Reeves Wenke

Elkins Kooiman Richardville Whitmer

Emmons LaJoy Rivet Williams

Farhat LaSata Robertson Woodward

Farrah Law Rocca Zelenko

Gaffney Lipsey Sak

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.

______

Rep. Adamini entered the House Chambers.

Rep. Richardville moved that House Committees be given leave to meet during the balance of today's session.

The motion prevailed.

By unanimous consent the House returned to the order of

Motions and Resolutions

Reps. Taub, LaJoy, Garfield, Tabor, Bradstreet, Acciavatti, Milosch, Pastor, Walker, Shackleton, Meyer, Nofs, Gaffney, Stahl, Pappageorge, Emmons, Van Regenmorter, Vander Veen, Voorhees, Stakoe, Newell, Caul, Murphy, Clack, DeRoche, Anderson, Jamnick, Kolb, Moolenaar, Kooiman, Nitz, Caswell, Farhat, Ruth Johnson, Palmer, Hardman, Accavitti, Ehardt and Hager offered the following resolution:

House Resolution No. 191.

A resolution to memorialize the Congress of the United States and the Transportation Security Administration to make changes to certain procedures regarding the inspection of baggage.

Whereas, The effort to increase security throughout our country has included a wide range of new procedures and policies. Our country's swift and strong response to the new realities include many forward-thinking measures, many of which are handled by the new Transportation Security Administration; and

Whereas, One area where further modifications may be necessary relates to the activity of screening baggage for airplane travel. Under current policies, when screeners find it necessary to go into a suitcase or other baggage, air travelers are informed of this inspection by a notice that is placed in the bag before it is closed up again. The effectiveness of this notification system would be strengthened considerably if the written notice included the identification of the TSA inspector. Adding this information would increase accountability and protect further the rights and property of airline travelers; and

Whereas, As our country continues to shape policies to combat the threat of terrorism in our society, flexibility in refining and adjusting practices will be a key to ensuring full cooperation and safeguarding our people in the most effective manner possible; now, therefore, be it

Resolved by the House of Representatives, That we memorialize the Congress of the United States and the Transportation Security Administration to make changes to procedures regarding the inspection of baggage to ensure that TSA personnel who inspect the contents of luggage are identified in the notification that is put in the bag; and be it further

Resolved, That copies of this resolution be transmitted to the President of the United States Senate, the Speaker of the United States House of Representatives, the members of the Michigan congressional delegation, and the Transportation Security Administration.

The resolution was referred to the Committee on Government Operations.

Reps. Murphy, Accavitti, Anderson, Brown, Byrum, Cheeks, Condino, Dennis, DeRossett, Ehardt, Farhat, Farrah, Gieleghem, Gillard, Gleason, Hager, Hardman, Hood, Jamnick, Kolb, Kooiman, Lipsey, Phillips, Rivet, Sak, Sheltrown, Smith, Spade, Tobocman, Vagnozzi, Waters and Zelenko offered the following resolution:

House Resolution No. 192.

A resolution recognizing Saturday, February 7, 2004, as National Black HIV/AIDS Information and Awareness Day.

Whereas, The Black community in the state of Michigan has been disproportionately affected by the HIV/AIDS epidemic; and

Whereas, Members of the Black community represent 14 percent of Michigan's population, yet make up 58 percent of HIV/AIDS cases; and

Whereas, The Michigan Department of Community Health (MDCH) estimates that as many as one out of 100 black males and one out of 300 black females may be HIV infected; and

Whereas, Black HIV/AIDS Awareness and Information Day is intended to mobilize efforts in the African American community to educated, tested, and get involved in the fight against HIV/AIDS in their community; now, therefore, be it

Resolved by the House of Representatives, That the members of this legislative body recognize Saturday, February 7, 2004, as National Black HIV/AIDS Information and Awareness Day; and be it further

Resolved, That a copies of this resolution be transmitted to the Lansing Area AIDS Network (LAAN) and the African American Task Force (AATF) as a token of our respect for the work they have contributed.

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 Local Government and Urban Policy, by Rep. Ward, Chair, reported

Senate Bill No. 780, entitled

A bill to amend 1986 PA 281, entitled "The local development financing act," by amending section 2 (MCL 125.2152), as amended by 2003 PA 20.

Without amendment and with the recommendation that the bill pass.

The bill was referred to the order of Second Reading of Bills and laid over one day under the rules.

Favorable Roll Call

To Report Out:

Yeas: Reps. Ward, Robertson, Hager, Drolet, Stakoe and Wenke

Nays: None

COMMITTEE ATTENDANCE REPORT

The following report, submitted by Rep. Ward, Chair, of the Committee on Local Government and Urban Policy, was received and read:

Meeting held on: Tuesday, February 3, 2004

Present: Reps. Ward, Robertson, DeRossett, Hager, Drolet, Stakoe, Wenke, Jamnick, Hardman, Tobocman and Accavitti

The Committee on Judiciary, by Rep. Howell, Chair, reported

Senate Bill No. 826, entitled

A bill to repeal 1903 LA 540, entitled "An act to establish a board of county auditors for the county of Saginaw and to prescribe their powers and duties.".

Without amendment and with the recommendation that the bill pass.

The bill was referred to the order of Second Reading of Bills and laid over one day under the rules.

Favorable Roll Call

To Report Out:

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

Nays: None

The Committee on Judiciary, by Rep. Howell, Chair, reported

House Concurrent Resolution No. 44.

A concurrent resolution to memorialize the Congress of the United States to affirm support of state-empowered individual property rights and to urge the Congress and the Secretary of the Interior to take certain actions related to the Stupak-Thrall Court case originating in Gogebic County.

(For text of concurrent resolution, see House Journal No. 96 of 2003, p. 2554.)

With the recommendation that the concurrent resolution be adopted.

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

Favorable Roll Call

To Report Out:

Yeas: Reps. Howell, LaSata, Van Regenmorter, Bradstreet, Koetje, 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: Tuesday, February 3, 2004

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

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

Senate Bill No. 275, entitled

A bill to amend 1996 PA 376, entitled "Michigan renaissance zone act," by amending section 6 (MCL 125.2686), as amended by 2003 PA 93.

Without amendment and with the recommendation that the bill pass.

The bill was referred to the order of Second Reading of Bills and laid over one day under the rules.

Favorable Roll Call

To Report Out:

Yeas: Reps. Bisbee, DeRoche, Middaugh, Drolet, Palmer, Milosch, Palsrok, O'Neil, McConico, 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: Tuesday, February 3, 2004

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

Absent: Reps. Hune, Rivet and Lipsey

Excused: Reps. Hune, Rivet and Lipsey

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

House Bill No. 4443, entitled

A bill to amend 1967 PA 281, entitled "Income tax act of 1967," (MCL 206.1 to 206.532) by adding section 270.

With the recommendation that the substitute (H-1) be adopted and that the bill then pass.

The bill and substitute were referred to the order of Second Reading of Bills and laid over one day under the rules.

Favorable Roll Call

To Report Out:

Yeas: Reps. Ehardt, Vander Veen, Rocca, Hart, Van Regenmorter, Robertson, Gaffney, Ward, Gillard and Clack

Nays: Rep. Hardman

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

House Bill No. 5126, entitled

A bill to amend 1975 PA 228, entitled "Single business tax act," (MCL 208.1 to 208.145) by adding section 37e.

With the recommendation that the substitute (H-1) be adopted and that the bill then pass.

The bill and substitute were referred to the order of Second Reading of Bills and laid over one day under the rules.

Favorable Roll Call

To Report Out:

Yeas: Reps. Ehardt, Vander Veen, Rocca, Hart, Van Regenmorter, Robertson, Gaffney, Ward, Gillard and Clack

Nays: Rep. Hardman

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

House Bill No. 5134, entitled

A bill to amend 1978 PA 368, entitled "Public health code," (MCL 333.1101 to 333.25211) by adding section 16276.

With the recommendation that the substitute (H-2) be adopted and that the bill then pass.

The bill and substitute were referred to the order of Second Reading of Bills and laid over one day under the rules.

Favorable Roll Call

To Report Out:

Yeas: Reps. Ehardt, Vander Veen, Rocca, Hart, Van Regenmorter, Robertson, Gaffney, Ward, Adamini, Hardman, O'Neil, Gillard and Clack

Nays: None

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

Senate Bill No. 189, entitled

A bill to amend 1978 PA 368, entitled "Public health code," by amending sections 16263, 18501, 18503, 18505, 18507, 18509, 18511, 18513, and 18515 (MCL 333.16263, 333.18501, 333.18503, 333.18505, 333.18507, 333.18509, 333.18511, 333.18513, and 333.18515), section 16263 as amended by 2001 PA 139 and sections 18501, 18503, 18505, 18507, 18509, 18511, 18513, and 18515 as added by 2000 PA 11, and by adding sections 18504, 18506, and 18516.

With the recommendation that the substitute (H-4)* be adopted and that the bill then pass.

The bill and substitute were referred to the order of Second Reading of Bills and laid over one day under the rules.

Favorable Roll Call

To Report Out:

Yeas: Reps. Ehardt, Vander Veen, Ruth Johnson, Rocca, Hart, Van Regenmorter, Robertson, Gaffney, Ward, Adamini, Hardman, O'Neil, Gillard and Clack

Nays: None

COMMITTEE ATTENDANCE REPORT

The following report, submitted by Rep. Ehardt, Chair, of the Committee on Health Policy, was received and read:

Meeting held on: Tuesday, February 3, 2004

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

Absent: Reps. Woronchak and Hune

Excused: Reps. Woronchak and Hune

COMMITTEE ATTENDANCE REPORT

The following report, submitted by Rep. Meyer, Chair, of the Committee on Agriculture and Resource Management, was received and read:

Meeting held on: Tuesday, February 3, 2004

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

Absent: Reps. Casperson and Rivet

Excused: Reps. Casperson and Rivet

Messages from the Senate

House Bill No. 4236, entitled

A bill to amend 1978 PA 368, entitled "An act to protect and promote the public health; to codify, revise, consolidate, classify, and add to the laws relating to public health; to provide for the prevention and control of diseases and disabilities; to provide for the classification, administration, regulation, financing, and maintenance of personal, environmental, and other health services and activities; to create or continue, and prescribe the powers and duties of, departments, boards, commissions, councils, committees, task forces, and other agencies; to prescribe the powers and duties of governmental entities and officials; to regulate occupations, facilities, and agencies affecting the public health; to regulate health maintenance organizations and certain third party administrators and insurers; to provide for the imposition of a regulatory fee; to promote the efficient and economical delivery of health care services, to provide for the appropriate utilization of health care facilities and services, and to provide for the closure of hospitals or consolidation of hospitals or services; to provide for the collection and use of data and information; to provide for the transfer of property; to provide certain immunity from liability; to regulate and prohibit the sale and offering for sale of drug paraphernalia under certain circumstances; to provide for the implementation of federal law; to provide for penalties and remedies; to provide for sanctions for violations of this act and local ordinances; to provide for an appropriation and supplements; to repeal certain acts and parts of acts; to repeal certain parts of this act; and to repeal certain parts of this act on specific dates," by amending sections 16131, 16186, and 16263 (MCL 333.16131, 333.16186, and 333.16263), sections 16131 and 16263 as amended by 2001 PA 139 and section 16186 as amended by 2002 PA 643, and by adding section 16344 and part 187.

The Senate has concurred in the House amendments to the Senate substitute (S-1).

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

House Bill No. 4802, entitled

A bill to amend 1931 PA 328, entitled "The Michigan penal code," by amending section 540c (MCL 750.540c), as amended by 2002 PA 672.

The Senate has passed the bill, ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title.

The House agreed to the full title.

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

House Bill No. 4916, entitled

A bill to amend 1927 PA 175, entitled "The code of criminal procedure," by amending section 16z of chapter XVII (MCL 777.16z), as amended by 2002 PA 271.

The Senate has passed the bill, ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title.

The House agreed to the full title.

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

House Bill No. 4340, entitled

A bill to amend 1980 PA 300, entitled "The public school employees retirement act of 1979," by amending section 61 (MCL 38.1361), as amended by 2001 PA 30.

The Senate has substituted (S-1) the bill.

The Senate has passed the bill as substituted (S-1), ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title.

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

House Bill No. 5120, entitled

A bill to amend 1949 PA 300, entitled "Michigan vehicle code," by amending sections 1d, 65, 310d, 319b, 321a, 625, 625b, 727, and 732 (MCL 257.1d, 257.65, 257.310d, 257.319b, 257.321a, 257.625, 257.625b, 257.727, and 257.732), section 1d as added and sections 310d and 625 as amended by 2003 PA 61, section 65 as amended by 1994 PA 449, sections 319b and 732 as amended by 2002 PA 534, section 321a as amended by 2002 PA 741, section 625b as amended by 1998 PA 357, and section 727 as amended by 1998 PA 348.

The Senate has substituted (S-3) the bill.

The Senate has passed the bill as substituted (S-3), ordered that it be given immediate effect and amended the title to read as follows:

A bill to amend 1949 PA 300, entitled "An act to provide for the registration, titling, sale, transfer, and regulation of certain vehicles operated upon the public highways of this state or any other place open to the general public or generally accessible to motor vehicles and distressed vehicles; to provide for the licensing of dealers; to provide for the examination, licensing, and control of operators and chauffeurs; to provide for the giving of proof of financial responsibility and security by owners and operators of vehicles; to provide for the imposition, levy, and collection of specific taxes on vehicles, and the levy and collection of sales and use taxes, license fees, and permit fees; to provide for the regulation and use of streets and highways; to create certain funds; to provide penalties and sanctions for a violation of this act; to provide for civil liability of owners and operators of vehicles and service of process on residents and nonresidents; to provide for the levy of certain assessments; to provide for the enforcement of this act; to provide for the creation of and to prescribe the powers and duties of certain state and local agencies; to impose liability upon the state or local agencies; to provide appropriations for certain purposes; to repeal all other acts or parts of acts inconsistent with this act or contrary to this act; and to repeal certain parts of this act on a specific date," by amending sections 1d, 65, 310d, 319b, 320a, 321a, 625, 625b, 627, 727, 732, 733, and 907 (MCL 257.1d, 257.65, 257.310d, 257.319b, 257.320a, 257.321a, 257.625, 257.625b, 257.627, 257.727, 257.732, 257.733, and 257.907), section 1d as added and sections 310d and 625 as amended by 2003 PA 61, section 65 as amended by 1994 PA 449, sections 319b and 732 as amended by 2002 PA 534, sections 320a and 627 as amended by 2003 PA 315, section 321a as amended by 2002 PA 741, section 625b as amended by 1998 PA 357, section 727 as amended by 1998 PA 348, section 733 as amended by 1994 PA 50, and section 907 as amended by 2003 PA 73, and by adding section 79e; and to repeal acts and parts of acts.

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

House Bill No. 5129, entitled

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 Senate has amended the bill as follows:

1. Amend page 23, line 15, by striking out "January 1, 2004" and inserting "June 1, 2004".

The Senate has passed the bill as amended, ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title.

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

Notices

February 2, 2004

Mr. Gary Randall

Clerk of the House

P.O. Box 30014

Lansing, MI 48909

Dear Mr. Randall:

This letter serves as my authorization for Representative William O'Neil to be appointed as a member of the House of Representatives Appropriations Committee.

This will take effect on February 3, 2004. If you have any further questions regarding this matter please feel free to contact me at 373-1747.

Sincerely,

Rick Johnson

Speaker of the House

Announcement by the Clerk of Printing and Enrollment

The Clerk announced that the following bills had been printed and placed upon the files of the members on Thursday, January 22:

Senate Bill Nos. 922 923 924

The Clerk announced that the following bills had been printed and placed upon the files of the members on Friday, January 23:

Senate Bill Nos. 925 926 927 928

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

House Bill Nos. 5427 5428 5429 5430 5431 5432 5433 5434 5435 5436 5437 5438 5439 5440

Communications from State Officers

The following communication from the Office of the Great Lakes was received and read:

January 26, 2004

Attached is a list of four research projects approved for funding under the Michigan Great Lakes Protection Fund (MGLPF) in compliance with Act 156 of the Public Acts of 1989. Section 10(1) of PA 156 requires that this list be submitted annually to the legislature.

The Office of the Great Lakes (OGL) did not release a request for new proposals in 2003 due to funding constraints. Executive Order 2002-22 supplanted $400,000 general fund from the OGL budget and substituted funding from the MGLPF for OGL administrative costs. In addition, there has not been a revenue allocation from the Regional Great Lakes Protection Fund in the past two years. Therefore, the MGLPF is only providing funding to four ongoing projects. These projects were previously recommended by the MGLPF Technical Advisory Board after extensive review. Funding for the projects was approved under the Department of Environmental Quality's (DEQ) FY 2004 appropriations. A list of guidelines used in listing and assigning priority of the proposed grants is also attached.

If you have any questions, please contact Ms. Emily Finnell of my staff at 517-241-7927, or you may contact me.

Sincerely,

Ken DeBeaussaert,

Director

517-335-4056

The communication was referred to the Clerk.

The following communication from the Department of State Police was received and read:

January 30, 2004

On behalf of the Michigan Automobile Theft Prevention Authority (ATPA) Board of Directors, I am pleased to submitour 2003 Annual Report to the House. I am proud to report that Michigan is carrying on its fight against automobile theft.

This report is in accordance with provisions of Act 174 of 1992. Copies have also been delivered to Governor Granholm and the Secretary of the Senate. Furthermore, individual reports are being mailed to all members of the legislature.

If you would like additional copies, please feel free to contact the ATPA at (517) 336-6197.

Sincerely,

Tadarial J. Sturdivant

Director

The communication was referred to the Clerk.

Introduction of Bills

Reps. Pastor, Amos, Milosch, Robertson, LaJoy, Hager, Drolet, Hoogendyk, Stahl, Vander Veen, Caswell, Shaffer, Nofs, Stakoe, Wenke, Nitz, Casperson, Brandenburg, Garfield, Hummel, Palmer, Farhat, Meyer, Steil, Shackleton, Pappageorge, Gaffney, Ward, Moolenaar, Van Regenmorter, Ehardt, Acciavatti, Emmons, Bradstreet, DeRoche, Kooiman, Huizenga, Ruth Johnson, Mortimer, Howell, Hune, Sheen, Rocca, Newell, Pumford, Palsrok, Tabor and Voorhees introduced

House Bill No. 5441, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending section 30305 (MCL 324.30305), as amended by 2003 PA 14.

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

Reps. Pastor, Hager, Hoogendyk, Stahl, Shaffer, Nofs, Stakoe, Wenke, Middaugh, Caul, Brandenburg, Garfield, Hummel, Shackleton, Gaffney, Ward, Ehardt, Rocca, Farhat, Meyer, Kooiman, Sheen, Pumford, Newell, Palsrok and Voorhees introduced

House Bill No. 5442, entitled

A bill to amend 1996 PA 305, entitled "Acknowledgment of parentage act," by repealing section 6 (MCL 722.1006).

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

Rep. Shulman introduced

House Bill No. 5443, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending section 5505 (MCL 324.5505).

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

Rep. Drolet introduced

House Bill No. 5444, entitled

A bill to amend 1975 PA 228, entitled "Single business tax act," by amending section 4 (MCL 208.4), as amended by 2003 PA 240; and to repeal acts and parts of acts.

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

Reps. Huizenga and Lipsey introduced

House Bill No. 5445, entitled

A bill to amend 1975 PA 228, entitled "Single business tax act," by amending section 37c (MCL 208.37c), as amended by 2003 PA 251.

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

Rep. Ward introduced

House Bill No. 5446, entitled

A bill to amend 1945 PA 282, entitled "An act to provide for county planning; the creation, organization, powers and duties of county planning commissions," by amending section 2 (MCL 125.102).

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

______

Rep. Voorhees moved that the House adjourn.

The motion prevailed, the time being 4:00 p.m.

The Speaker Pro Tempore declared the House adjourned until Wednesday, February 4, at 1:00 p.m.

GARY L. RANDALL

Clerk of the House of Representatives