2004-HJ-02-04-008.htm

No. 8

STATE OF MICHIGAN

JOURNAL

OF THE

House of Representatives

92nd Legislature

REGULAR SESSION OF 2004

House Chamber, Lansing, Wednesday, February 4, 2004.

1:00 p.m.

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

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

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

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

Adamini--present Gillard--present Middaugh--present Shulman--present

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

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

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

Bisbee--present Hart--excused 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--excused Julian--present Pumford--present Ward--present

DeRoche--present Koetje--present Reeves--e/d/s Waters--present

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

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

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

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

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

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

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

Gaffney--present

e/d/s = entered during session

Rep. Dave Woodward, from the 26th District, offered the following invocation:

"We call upon You, our Creator, as we prepare to take handle of the matter that faces us today, and ask that You grant us the compassion to care for the sick and poor; the courage to speak up for those who have no voice; and the wisdom to do what is right and not merely politically expedient. Help us see in our hearts the real faces of the people and the children we serve, as we make the choices that affect them today. Strengthen our faith as we resist those forces that seek to divide us and lend us Your spirit to work harder to unite us in common purpose. Remind us that, we as a people, as a community, and as this great state of Michigan, are only as strong as our weakest link. Prepare us and encourage us to face challenges and obstacles that face us. And let us never be satisfied with mediocrity, but be driven to press further to insure we raise everyone up in our pursuit of goodness, justice and fairness. We join in Your cause and Your purpose. Amen."

______

Rep. Gieleghem moved that Rep. Dennis be excused from today's session.

The motion prevailed.

Rep. Palmer moved that Reps. Casperson and Hart be excused from today's session.

The motion prevailed.

Reports of Standing Committees

The Speaker laid before the House

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.)

(The concurrent resolution was reported by the Committee on Judiciary on February 3, consideration of which, under the rules, was postponed until today.)

The question being on the adoption of the concurrent resolution,

The concurrent resolution was adopted.

______

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

The motion prevailed.

Messages from the Senate

The Speaker laid before the House

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 bill was received from the Senate on February 3, 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. 7, p. 71.)

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. 9 Yeas--103

Accavitti Garfield Meyer Sheltrown

Acciavatti Gieleghem Middaugh Shulman

Adamini Gillard Milosch Smith

Amos Gleason Minore Spade

Anderson Hager Moolenaar Stahl

Bieda Hardman Mortimer Stakoe

Bisbee Hood Murphy Steil

Bradstreet Hoogendyk Newell Stewart

Brandenburg Hopgood Nitz Tabor

Brown Howell Nofs Taub

Byrum Huizenga O'Neil Tobocman

Caswell Hummel Palmer Vagnozzi

Caul Hune Palsrok Van Regenmorter

Cheeks Hunter Pappageorge Vander Veen

Clack Jamnick Pastor Voorhees

Condino Johnson, Rick Phillips Walker

Daniels Johnson, Ruth Plakas Ward

DeRoche Julian Pumford Waters

DeRossett Kolb Richardville Wenke

Drolet Kooiman Rivet Whitmer

Ehardt LaJoy Robertson Williams

Elkins LaSata Rocca Wojno

Emmons Law Sak Woodward

Farhat Lipsey Shackleton Woronchak

Farrah McConico Shaffer Zelenko

Gaffney Meisner Sheen

Nays--0

In The Chair: Julian

The House agreed to the full title of the bill.

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

Second Reading of Bills

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.

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. Kooiman 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. Zelenko moved that Rep. Minore 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. 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.

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

Roll Call No. 10 Yeas--76

Acciavatti Garfield Middaugh Shulman

Amos Gieleghem Milosch Spade

Bisbee Gillard Moolenaar Stahl

Bradstreet Gleason Mortimer Stakoe

Brandenburg Hager Murphy Steil

Brown Hoogendyk Newell Stewart

Byrum Howell Nitz Tabor

Caswell Huizenga Nofs Taub

Caul Hummel Palmer Vagnozzi

Clack Hune Palsrok Van Regenmorter

Condino Hunter Pappageorge Vander Veen

DeRoche Johnson, Rick Pastor Voorhees

DeRossett Johnson, Ruth Richardville Walker

Drolet Julian Robertson Ward

Ehardt Kolb Rocca Wenke

Elkins Kooiman Sak Williams

Emmons LaJoy Shackleton Woodward

Farhat LaSata Shaffer Woronchak

Gaffney Meyer Sheen Zelenko

Nays--26

Accavitti Hardman Meisner Sheltrown

Adamini Hood O'Neil Smith

Anderson Hopgood Phillips Tobocman

Bieda Jamnick Plakas Waters

Cheeks Law Pumford Whitmer

Daniels Lipsey Rivet Wojno

Farrah McConico

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 1967 PA 281, entitled "Income tax act of 1967," (MCL 206.1 to 206.532) by adding section 269. 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. DeRossett, Richardville, Bisbee, LaSata, Ehardt, Julian, Caul, Shackleton, Garfield, Ward, Sak, Moolenaar and Mortimer were named co-sponsors of the bill.

______

Reps. Accavitti, Adamini, Hopgood, Law and Tobocman, 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 final passage of House Bill 4443 and House Bill 5126 because the state is currently facing a $1.3 billion deficit for the coming budget year, and cannot afford further tax cuts at this time. Although I believe that abating lead-based paint hazards is a worthy goal, these bills, taken together, could cost the state more than $100 million, which Michigan can ill afford to take away from other programs at this time."

Rep. Bieda, 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:

It is with regret that I vote against this bill. I believe that it represents good public policy and could help address the issue of lead contaminated homes. That being said, in this current climate of fiscal restraint, it is important to note that the estimates of foregone revenue reach into the $100 million dollar range. This is simply a good idea that we cannot afford at this time."

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 final passage of House Bill 4443 and House Bill 5126 because Michigan currently faces a $1.3 billion deficit for the next fiscal year. These proposals could cost the state of Michigan over $100 million.

Over the past fiscal year the state of Michigan has foregone over $27 billion in tax revenue from credits, exemptions and the like, without any formal discussion of this matter in the context of budget discussions. We should not be piling on more tax credits until we figure out whether the ones we've already got are getting the job done as intended."

______

Rep. Reeves entered the House Chambers.

Second Reading of Bills

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.

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. Kooiman 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. 5126, entitled

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

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

Roll Call No. 11 Yeas--73

Acciavatti Gillard Milosch Shulman

Amos Gleason Moolenaar Spade

Bisbee Hager Mortimer Stahl

Bradstreet Hoogendyk Murphy Stakoe

Brandenburg Howell Newell Steil

Brown Huizenga Nitz Stewart

Caswell Hummel Nofs Tabor

Caul Hune Palmer Taub

Clack Hunter Palsrok Vagnozzi

Condino Johnson, Rick Pappageorge Van Regenmorter

DeRoche Johnson, Ruth Pastor Vander Veen

DeRossett Julian Richardville Voorhees

Drolet Kolb Robertson Walker

Ehardt Kooiman Rocca Ward

Elkins LaJoy Sak Wenke

Emmons LaSata Shackleton Williams

Farhat Meyer Shaffer Woronchak

Gaffney Middaugh Sheen Zelenko

Garfield

Nays--30

Accavitti Gieleghem Meisner Sheltrown

Adamini Hardman O'Neil Smith

Anderson Hood Phillips Tobocman

Bieda Hopgood Plakas Waters

Byrum Jamnick Pumford Whitmer

Cheeks Law Reeves Wojno

Daniels Lipsey Rivet Woodward

Farrah McConico

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

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. Stewart, Bisbee, Julian, Ward and Moolenaar were named co-sponsors of the bill.

______

Reps. Accavitti, Adamini, Hopgood, Law and Tobocman, 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:

Rep. Bieda, 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 final passage of House Bill 5126 because the state is currently facing a huge $1.3 billion dollar deficit for the coming budget year, and it does not make sense to enact further tax cuts at this time. I also note that HB 5126 andothers like it would make more sense if approached as part of a comprehensive approach. HB 5118, which I co-sponsored and the House also passed today, would establish a childhood lead poisoning prevention and control commission. It seems to me that the findings of this commission would have been useful in the legislature's deliberations concerning the issue of lead abatement, including the issue of incentives for such abatements. In other words, perhaps this issue should have awaited the deliberations of this new commission."

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:

Second Reading of Bills

House Bill No. 5117, entitled

A bill to amend 1978 PA 368, entitled "Public health code," (MCL 333.1101 to 333.25211) by adding section 20531.

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. Ehardt 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. 5117, entitled

A bill to amend 1978 PA 368, entitled "Public health code," (MCL 333.1101 to 333.25211) by adding section 20531.

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

Roll Call No. 12 Yeas--85

Accavitti Hood Mortimer Spade

Adamini Hopgood Murphy Stakoe

Amos Howell Newell Steil

Anderson Hune Nofs Stewart

Bieda Hunter O'Neil Tabor

Brown Jamnick Palsrok Taub

Byrum Johnson, Rick Pappageorge Tobocman

Caul Johnson, Ruth Phillips Vagnozzi

Cheeks Julian Plakas Van Regenmorter

Clack Kolb Pumford Vander Veen

Condino Kooiman Reeves Voorhees

Daniels LaJoy Richardville Walker

Ehardt LaSata Rivet Ward

Elkins Law Robertson Waters

Emmons Lipsey Rocca Wenke

Farrah McConico Sak Whitmer

Gaffney Meisner Shackleton Williams

Gieleghem Meyer Shaffer Wojno

Gillard Middaugh Sheltrown Woodward

Gleason Minore Shulman Woronchak

Hager Moolenaar Smith Zelenko

Hardman

Nays--18

Acciavatti DeRoche Huizenga Palmer

Bisbee Drolet Hummel Pastor

Bradstreet Farhat Milosch Sheen

Brandenburg Garfield Nitz Stahl

Caswell Hoogendyk

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.

Reps. Anderson, Rocca, Lipsey, Julian, Hunter, Tobocman, Bieda, Wojno, Clack, Condino, Gleason, Ward, Sak and Elkins were named co-sponsors of the bill.

Second Reading of Bills

House Bill No. 5118, entitled

A bill to amend 1978 PA 368, entitled "Public health code," (MCL 333.1101 to 333.25211) by adding section 5474a; 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. Kolb 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. 5118, entitled

A bill to amend 1978 PA 368, entitled "Public health code," (MCL 333.1101 to 333.25211) by adding section 5474a; 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. 13 Yeas--88

Accavitti Gillard Minore Smith

Acciavatti Gleason Moolenaar Spade

Adamini Hager Mortimer Stakoe

Amos Hardman Murphy Steil

Anderson Hood Newell Stewart

Bieda Hopgood Nofs Tabor

Bisbee Howell O'Neil Taub

Brown Hune Palsrok Tobocman

Byrum Hunter Pappageorge Vagnozzi

Caul Jamnick Phillips Van Regenmorter

Cheeks Johnson, Rick Plakas Vander Veen

Clack Johnson, Ruth Pumford Voorhees

Condino Julian Reeves Walker

Daniels Kolb Richardville Ward

DeRossett Kooiman Rivet Waters

Ehardt LaJoy Robertson Wenke

Elkins LaSata Rocca Whitmer

Emmons Law Sak Williams

Farhat Lipsey Shackleton Wojno

Farrah Meisner Shaffer Woodward

Gaffney Meyer Sheltrown Woronchak

Gieleghem Middaugh Shulman Zelenko

Nays--15

Bradstreet Drolet Hummel Pastor

Brandenburg Garfield Milosch Sheen

Caswell Hoogendyk Nitz Stahl

DeRoche Huizenga Palmer

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.

Reps. Waters, Anderson, Rocca, Minore, Jamnick, Richardville, Spade, Julian, Williams, Hunter, Tobocman, Bieda, Condino, Vagnozzi, Sak and Gillard were named co-sponsors of the bill.

Second Reading of Bills

House Bill No. 5119, entitled

A bill to amend 1939 PA 280, entitled "The social welfare act," (MCL 400.1 to 400.119b) by adding section 111k.

The bill was read a second time.

Rep. Williams moved to substitute (H-2) the bill.

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

Rep. Williams 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. 5119, entitled

A bill to amend 1939 PA 280, entitled "The social welfare act," (MCL 400.1 to 400.119b) by adding section 111k.

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

Roll Call No. 14 Yeas--88

Accavitti Gieleghem Meyer Sheltrown

Acciavatti Gillard Middaugh Shulman

Adamini Gleason Minore Smith

Amos Hager Moolenaar Spade

Anderson Hardman Mortimer Stakoe

Bieda Hood Murphy Steil

Bisbee Hopgood Newell Stewart

Brown Howell Nofs Tabor

Byrum Hune O'Neil Taub

Caul Hunter Palsrok Tobocman

Cheeks Jamnick Pappageorge Vagnozzi

Clack Johnson, Rick Phillips Van Regenmorter

Condino Johnson, Ruth Plakas Walker

Daniels Julian Pumford Ward

DeRoche Kolb Reeves Waters

DeRossett Kooiman Richardville Wenke

Ehardt LaJoy Rivet Whitmer

Elkins LaSata Robertson Williams

Emmons Law Rocca Wojno

Farhat Lipsey Sak Woodward

Farrah McConico Shackleton Woronchak

Gaffney Meisner Shaffer Zelenko

Nays--16

Bradstreet Garfield Milosch Sheen

Brandenburg Hoogendyk Nitz Stahl

Caswell Huizenga Palmer Vander Veen

Drolet Hummel Pastor Voorhees

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.

Reps. Hardman, Waters, McConico, Anderson, Rocca, Rick Johnson, Minore, Spade, Lipsey, Julian, Cheeks, Hunter, Bieda, Clack, Condino, Vagnozzi, Accavitti, Gleason, Elkins and Moolenaar were named co-sponsors of the bill.

______

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

The motion prevailed.

By unanimous consent the House returned to the order of

Motions and Resolutions

Reps. DeRoche, Emmons, Ward, Mortimer, Hummel, Newell, Tabor, Voorhees, Garfield, Van Regenmorter, Stakoe, Pumford, Caul, Rocca, Pappageorge, Huizenga, Farhat, Caswell, Kooiman, Pastor, Acciavatti, Amos, Brandenburg, Byrum, DeRossett, Ehardt, Elkins, Farrah, Gillard, Hune, Julian, Meyer, Milosch, Nitz, Richardville, Sak, Shaffer, Shulman, Taub, Tobocman and Vander Veen offered the following resolution:

House Resolution No. 193.

A resolution to memorialize the Congress of the United States to increase the level of federal funds available to the states for DNA testing.

Whereas, One of the most significant breakthroughs in the area of crime fighting is DNA testing. This scientific technology has had a dramatic impact in protecting innocent people accused of crimes and identifying murderers, rapists, and other violent criminals. Because of the effectiveness of this tool, there is enormous frustration among citizens and law enforcement professionals that there is a large backlog of cases awaiting laboratory testing, both here in Michigan and across the country; and

Whereas, In spite of state and federal efforts to date, there remains in Michigan a backlog of over 74,000 cases awaiting DNA testing. It is estimated that Michigan State Police labs can expect 50,000 new DNA samples per year. At the current level of funding available, it is expected that only 42,000 of these can be processed annually, adding to the backlog of cases; and

Whereas, This lag in testing represents a genuine threat to public safety. There have been well-publicized reports of new violent crimes being committed by people who were on the streets solely because tests were still pending. Police across the state are confident that, if the backlog of cases were to be eliminated, thousands of unsolved serious crimes, including murders and rapes, would be solved. The magnitude of removing so many violent criminals from society cannot be ignored; and

Whereas, The issue of finding ample resources to conduct DNA tests on a timely basis is a substantial security issue for our nation. The federal nature of this issue is further underscored by the fact that violent criminals often move around the country. Clearly, this issue is vital to the safety of our citizens; now, therefore, be it

Resolved by the House of Representatives, That we memorialize the Congress of the United States to increase the level of federal funds available to the states for DNA testing; 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.

The resolution was referred to the Committee on Government Operations.

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 29:

Senate Bill Nos. 929 930 931 932 933 934

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

Senate Bill Nos. 935 936

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

Enrolled House Bill No. 4236 at 11:34 a.m.

Enrolled House Bill No. 4802 at 11:36 a.m.

Enrolled House Bill No. 4916 at 11:38 a.m.

The Clerk announced that the following bills had been printed and placed upon the files of the members on Wednesday, February 4:

House Bill Nos. 5441 5442 5443 5444 5445 5446

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. 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.

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, Koetje, Middaugh, Palmer, Huizenga, Hune, Milosch, Palsrok, Rivet, O'Neil, Tobocman and Accavitti

Nays: None

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

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.

With the recommendation that the substitute (H-5) be adopted and that the bill then pass.

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

Favorable Roll Call

To Report Out:

Yeas: Reps. Bisbee, DeRoche, Howell, Koetje, Middaugh, Palmer, Huizenga, Hune, Milosch, Palsrok, Rivet, O'Neil, 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, February 4, 2004

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

Absent: Reps. Drolet, Wenke, McConico and Murphy

Excused: Reps. Drolet, Wenke, McConico and Murphy

The Committee on Tax Policy, by Rep. Wenke, Chair, reported

House Bill No. 4649, entitled

A bill to amend 1893 PA 206, entitled "The general property tax act," (MCL 211.1 to 211.157) by adding section 7gg.

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. Wenke, Sheen, Koetje, Woronchak, Meyer, Drolet, Hummel, Palmer, Milosch, Nofs, Stakoe, O'Neil, Bieda, Zelenko and Condino

Nays: Reps. Minore and Farrah

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, February 4, 2004

Present: Reps. Wenke, Sheen, Koetje, Woronchak, Meyer, Drolet, Hummel, Palmer, Milosch, Nofs, Stakoe, O'Neil, Minore, Farrah, Bieda, Zelenko and Condino

The Committee on Criminal Justice, by Rep. Van Regenmorter, Chair, reported

House Bill No. 4260, entitled

A bill to amend 1931 PA 328, entitled "The Michigan penal code," by amending section 174a (MCL 750.174a), as added by 2000 PA 222.

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. Van Regenmorter, Stakoe, Howell, LaSata, Gaffney, Nofs, Meisner, Condino and Hood

Nays: None

The Committee on Criminal Justice, by Rep. Van Regenmorter, Chair, reported

House Bill No. 4434, entitled

A bill to amend 1927 PA 175, entitled "The code of criminal procedure," by amending section 3 of chapter XI (MCL 771.3), as amended by 1998 PA 520.

Without amendment and with the recommendation that the bill pass.

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

Favorable Roll Call

To Report Out:

Yeas: Reps. Van Regenmorter, Stakoe, LaSata, Gaffney, Nofs, Meisner, Condino and Hood

Nays: None

The Committee on Criminal Justice, by Rep. Van Regenmorter, Chair, Chair, reported

House Bill No. 5003, entitled

A bill to amend 1927 PA 175, entitled "The code of criminal procedure," by amending section 14d of chapter XVII (MCL 777.14d), as added by 2002 PA 29.

With the recommendation that the following amendment be adopted and that the bill then pass.

1. Amend page 2, following line 11, by inserting:

"Enacting section 1. This amendatory act takes effect July 1, 2004." and renumbering the remaining enacting section.

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

Favorable Roll Call

To Report Out:

Yeas: Reps. Van Regenmorter, Stakoe, LaSata, Gaffney, Nofs, Meisner, Condino and Hood

Nays: None

The Committee on Criminal Justice, by Rep. Van Regenmorter, Chair, Chair, reported

House Bill No. 5105, entitled

A bill to amend 1931 PA 328, entitled "The Michigan penal code," by amending sections 529, 529a, and 530 (MCL 750.529, 750.529a, and 750.530), section 529a as added by 1994 PA 191.

With the recommendation that the following amendment be adopted and that the bill then pass.

1. Amend page 3, following line 14, by inserting:

"Enacting section 1. This amendatory act takes effect July 1, 2004.".

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

Favorable Roll Call

To Report Out:

Yeas: Reps. Van Regenmorter, Stakoe, Howell, LaSata, Gaffney, Meisner, Condino and Hood

Nays: None

COMMITTEE ATTENDANCE REPORT

The following report, submitted by Rep. Van Regenmorter, Chair, of the Committee on Criminal Justice, was received and read:

Meeting held on: Wednesday, February 4, 2004

Present: Reps. Van Regenmorter, Stakoe, Howell, LaSata, Gaffney, Nofs, Meisner, Condino and Hood

The Committee on Conservation and Outdoor Recreation, by Rep. Tabor, Chair, reported

House Bill No. 5021, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," (MCL 324.101 to 324.90106) by adding section 1615.

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. Tabor, Milosch, Bradstreet, Ehardt, Richardville, Rocca, Nitz, Gillard, Farrah and Sheltrown

Nays: None

The Committee on Conservation and Outdoor Recreation, by Rep. Tabor, Chair, reported

House Resolution No. 184.

A resolution to memorialize the Congress of the United States to enact the Protection of Lawful Commerce in Arms Act.

(For text of resolution, see House Journal No. 92 of 2003, p. 2376.)

With the recommendation that the resolution be adopted.

The resolution was laid over one day under the rules.

Favorable Roll Call

To Report Out:

Yeas: Reps. Tabor, Milosch, Bradstreet, Richardville, Rocca, Nitz, Gillard, 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, February 4, 2004

Present: Reps. Tabor, Milosch, Bradstreet, Ehardt, Richardville, Rocca, Nitz, Gillard, Farrah and Sheltrown

Absent: Rep. Accavitti

Excused: Rep. Accavitti

The Committee on Government Operations, by Rep. Koetje, Chair, reported

House Bill No. 4511, entitled

An act to amend 1969 PA 306, entitled "An act to provide for the effect, processing, promulgation, publication, and inspection of state agency rules, determinations, and other matters; to provide for the printing, publishing, and distribution of certain publications; to provide for state agency administrative procedures and contested cases and appeals from contested cases in licensing and other matters; to create and establish certain committees and offices; to provide for declaratory judgments as to rules; to repeal certain acts and parts of acts; and to repeal certain parts of this act on a specific date," by amending sections 45 and 45a (MCL 24.245 and 24.245a), section 45 as amended and section 45a as added by 1999 PA 262.

With the recommendation that the bill pass, the objections of the Governor to the contrary not withstanding.

The bill was referred to the order of Messages from the Governor.

Favorable Roll Call

To Report Out:

Yeas: Reps. Koetje, Drolet and Howell

Nays: None

COMMITTEE ATTENDANCE REPORT

The following report, submitted by Rep. Koetje, Chair, of the Committee on Government Operations, was received and read:

Meeting held on: Wednesday, February 4, 2004

Present: Reps. Koetje, Drolet and Howell

Absent: Reps. Tobocman and Lipsey

The Committee on Family and Children Services, by Rep. Hager, Chair, reported

House Bill No. 5260, entitled

A bill to amend 1846 RS 66, entitled "Of estates in dower, by the curtesy, and general provisions concerning real estate," (MCL 554.131 to 554.139) by adding section 40.

With the recommendation that the bill be referred to the Committee on Judiciary.

Favorable Roll Call

To Report Out:

Yeas: Reps. Hager, Stahl, Vander Veen, Voorhees, Sheen and Elkins

Nays: None

The recommendation was concurred in and the bill was referred to the Committee on Judiciary.

The Committee on Family and Children Services, by Rep. Hager, Chair, reported

House Bill No. 5418, entitled

A bill to amend 1975 PA 238, entitled "Child protection law," by amending section 8d (MCL 722.628d), as amended by 2002 PA 661.

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. Hager, Stahl, Vander Veen, Voorhees, Sheen, Hardman, Clack and Elkins

Nays: None

COMMITTEE ATTENDANCE REPORT

The following report, submitted by Rep. Hager, Chair, of the Committee on Family and Children Services, was received and read:

Meeting held on: Wednesday, February 4, 2004

Present: Reps. Hager, Stahl, Vander Veen, Voorhees, Sheen, Hardman, Clack and Elkins

Absent: Rep. Hart

Excused: Rep. Hart

The Committee on Land Use and Environment, by Rep. Ruth Johnson, Chair, reported

House Bill No. 4098, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," (MCL 324.101 to 324.90106) by adding section 11513a.

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. Ruth Johnson, LaJoy, Ehardt, DeRossett, Milosch, Nitz, Ward, Farrah, Gieleghem, Dennis and Law

Nays: None

The Committee on Land Use and Environment, by Rep. Ruth Johnson, Chair, reported

House Bill No. 4099, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending sections 11505 and 11514 (MCL 324.11505 and 324.11514).

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. Ruth Johnson, LaJoy, Ehardt, DeRossett, Milosch, Nitz, Ward, Farrah, Gieleghem, Dennis and Law

Nays: None

COMMITTEE ATTENDANCE REPORT

The following report, submitted by Rep. Ruth Johnson, Chair, of the Committee on Land Use and Environment, was received and read:

Meeting held on: Wednesday, February 4, 2004

Present: Reps. Ruth Johnson, LaJoy, Ehardt, DeRossett, Milosch, Nitz, Ward, Farrah, Gieleghem, Dennis and Law

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Tuesday, February 3, 2004

Present: Reps. Palmer, Hummel, Meyer, Bradstreet, Hager, Ruth Johnson, Tabor, Voorhees, Vander Veen, Nofs, Stahl, Gieleghem, Vagnozzi, Spade, Smith, Hopgood, Meisner and Clack

Absent: Rep. Hart

Excused: Rep. Hart

Messages from the Senate

House Bill No. 4659, entitled

A bill to amend 1978 PA 368, entitled "Public health code," by amending section 20906 (MCL 333.20906), as amended by 2000 PA 375.

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. 4965, entitled

A bill to amend 1956 PA 218, entitled "The insurance code of 1956," by amending section 3406k (MCL 500.3406k), as added by 1998 PA 125.

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. 4966, entitled

A bill to amend 1980 PA 350, entitled "The nonprofit health care corporation reform act," by amending section 418 (MCL 550.1418), as added by 1998 PA 124.

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.

Communications from State Officers

The following communication from the Department of Labor and Economic Growth was received and read:

February 1, 2004

The enclosed annual report, Status of Electric Competition in Michigan, is submitted on behalf of the Michigan Public Service Commission in accordance with Section 10u of 2000 PA 141, MCL 460.10u. This report will be available on the Commission Web site at Michigan.gov/mpsc.

Respectfully yours,

J. Peter Lark, Chair

Michigan Public Service Commission

The communication was referred to the Clerk.

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

February 3, 2004

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

Performance Audit of Selected State Universities' Reporting of Enrollment

and Other Higher Education Institution Data Inventory (HEIDA) Data.

Fiscal Year 2001-02

February 3, 2004

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

Performance Audit of the Michigan Veterans Tuition Grant Program

and the State Education Reimbursement Program,

Department of Military and Veterans Affairs.

February 2004

Sincerely,

Thomas H. McTavish, C.P.A.

Auditor General

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

Introduction of Bills

Rep. Mortimer introduced

House Bill No. 5447, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending section 11526 (MCL 324.11526) and by adding sections 11526a and 11526b.

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

Rep. Mortimer introduced

House Bill No. 5448, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending section 11549 (MCL 324.11549).

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

Rep. Mortimer introduced

House Bill No. 5449, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," (MCL 324.101 to 324.90106) by adding section 11528a.

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

Rep. Moolenaar introduced

House Bill No. 5450, entitled

A bill to amend 1976 PA 228, entitled "The legislative merit award program act," by amending section 4 (MCL 390.1304), as amended by 1980 PA 386.