No. 15
STATE OF MICHIGAN
JOURNAL
OF THE
House of Representatives
92nd Legislature
REGULAR SESSION OF 2004
House Chamber, Lansing, Thursday, February 19, 2004.
10:00 a.m.
The House was called to order by the Speaker Pro Tempore.
The roll was called by the Clerk of the House of Representatives, who announced that a quorum was present.
Accavitti--present Garfield--excused Meisner--present Sheen--present
Acciavatti--present Gieleghem--present Meyer--present Sheltrown--present
Adamini--present Gillard--e/d/s 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--present
Brandenburg--present Hoogendyk--present Newell--present Steil--present
Brown--present Hopgood--present Nitz--present Stewart--present
Byrum--present Howell--present Nofs--present Tabor--excused
Casperson--present Huizenga--present O'Neil--present Taub--present
Caswell--present Hummel--present Palmer--present Tobocman--present
Caul--present Hune--present Palsrok--present Vagnozzi--present
Cheeks--present Hunter--present Pappageorge--present Van Regenmorter--present
Clack--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--present
Farrah--present McConico--present Shaffer--present Zelenko--present
Gaffney--present
e/d/s = entered during session
Rep. Clark E. Bisbee, from the 64th District, offered the following invocation:
"I am thankful for the mess to clean up after a party because it means I have been surrounded by friends. I am thankful for the taxes I pay because it means that I am employed. I am thankful for the clothes that fit a little too snug because it means I have enough to eat. I am thankful for the spot I find at the far end of the parking lot because it means I am capable of walking. I am thankful for all the complaining I hear about government because it means we have freedom of speech. I am thankful for the lady behind me in church who sings off key because it means that I can hear. I am thankful for the piles of laundry and ironing because it means my loved ones are nearby. I am thankful for the lawn that needs mowing, windows that need cleaning and gutters that need fixing because it means I have a home. I am thankful for my huge heating bill because it means that I am warm. I am thankful for weariness and aching muscles at the end of the day because it means I have been productive. I am thankful for the alarm that goes off in the early morning hours because it means I am alive. I am thankful for this opportunity to praise God in prayer for so many things that look like difficult situations because it means I am beginning to see with the eyes of faith. Amen."
______
Rep. Palmer moved that Reps. Garfield, Hart and Tabor be excused from today's session.
The motion prevailed.
Second Reading of Bills
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.
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. 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. Caswell moved that Rep. DeRoche 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. 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.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 64 Yeas--104
Accavitti Gaffney Meyer Sheen
Acciavatti Gieleghem Middaugh Sheltrown
Adamini Gleason Milosch Shulman
Amos Hager Minore Smith
Anderson Hardman Moolenaar Spade
Bieda Hood Mortimer Stahl
Bisbee Hoogendyk Murphy Stakoe
Bradstreet Hopgood Newell Stallworth
Brandenburg Howell Nitz Steil
Brown Huizenga Nofs Stewart
Byrum Hummel O'Neil Taub
Casperson Hune Palmer Tobocman
Caswell Hunter Palsrok Vagnozzi
Caul Jamnick Pappageorge Van Regenmorter
Cheeks Johnson, Rick Pastor Vander Veen
Clack Johnson, Ruth Phillips Voorhees
Condino Julian Plakas Walker
Daniels Koetje Pumford Ward
Dennis Kolb Reeves Waters
DeRossett Kooiman Richardville Wenke
Drolet LaJoy Rivet Whitmer
Ehardt LaSata Robertson Williams
Elkins Law Rocca Wojno
Emmons Lipsey Sak Woodward
Farhat McConico Shackleton Woronchak
Farrah Meisner Shaffer Zelenko
Nays--0
In The Chair: Julian
The House agreed to the title of the bill.
Rep. Richardville moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
Second Reading of Bills
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.
The bill was read a second time.
Rep. Hager moved to amend the bill as follows:
1. Amend page 5, line 1, by striking out all of subdivision (b) and inserting:
"(b) The number of cases in category III closed during the time period covered by the report categorized as follows:
(i) Transfer to foster care.
(ii) Risk of further child abuse or neglect has been reduced to an acceptable level.
(iii) The perpetrator no longer has access to the child victim.
(iv) Unsatisfactory family response referral to court not feasible.
(v) Child protective services not needed family is receiving services from another program.
(vi) Client unavailable for services, location of client unknown.
(vii) Other.".
The motion prevailed and the amendment was adopted, a majority of the members serving voting therefor.
Rep. Hager 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. 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.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 65 Yeas--105
Accavitti Gaffney Meyer Sheen
Acciavatti Gieleghem Middaugh Sheltrown
Adamini Gleason Milosch Shulman
Amos Hager Minore Smith
Anderson Hardman Moolenaar Spade
Bieda Hood Mortimer Stahl
Bisbee Hoogendyk Murphy Stakoe
Bradstreet Hopgood Newell Stallworth
Brandenburg Howell Nitz Steil
Brown Huizenga Nofs Stewart
Byrum Hummel O'Neil Taub
Casperson Hune Palmer Tobocman
Caswell Hunter Palsrok Vagnozzi
Caul Jamnick Pappageorge Van Regenmorter
Cheeks Johnson, Rick Pastor Vander Veen
Clack Johnson, Ruth Phillips Voorhees
Condino Julian Plakas Walker
Daniels Koetje Pumford Ward
Dennis Kolb Reeves Waters
DeRoche Kooiman Richardville Wenke
DeRossett LaJoy Rivet Whitmer
Drolet LaSata Robertson Williams
Ehardt Law Rocca Wojno
Elkins Lipsey Sak Woodward
Emmons McConico Shackleton Woronchak
Farhat Meisner Shaffer Zelenko
Farrah
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. 5390, entitled
A bill to amend 1982 PA 540, entitled "Library of Michigan act," by amending section 9 (MCL 397.19), as amended by 1983 PA 114.
The bill was read a second time.
Rep. Milosch 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. 5390, entitled
A bill to amend 1982 PA 540, entitled "Library of Michigan act," by amending section 9 (MCL 397.19), as amended by 1983 PA 114.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 66 Yeas--104
Accavitti Farrah Meisner Shaffer
Acciavatti Gaffney Meyer Sheen
Adamini Gieleghem Middaugh Shulman
Amos Gleason Milosch Smith
Anderson Hager Minore Spade
Bieda Hardman Moolenaar Stahl
Bisbee Hood Mortimer Stakoe
Bradstreet Hoogendyk Murphy Stallworth
Brandenburg Hopgood Newell Steil
Brown Howell Nitz Stewart
Byrum Huizenga Nofs Taub
Casperson Hummel O'Neil Tobocman
Caswell Hune Palmer Vagnozzi
Caul Hunter Palsrok Van Regenmorter
Cheeks Jamnick Pappageorge Vander Veen
Clack Johnson, Rick Pastor Voorhees
Condino Johnson, Ruth Phillips Walker
Daniels Julian Plakas Ward
Dennis Koetje Pumford Waters
DeRoche Kolb Reeves Wenke
DeRossett Kooiman Richardville Whitmer
Drolet LaJoy Rivet Williams
Ehardt LaSata Robertson Wojno
Elkins Law Rocca Woodward
Emmons Lipsey Sak Woronchak
Farhat McConico Shackleton Zelenko
Nays--1
Sheltrown
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. 842, entitled
A bill to amend 1949 PA 300, entitled "Michigan vehicle code," (MCL 257.1 to 257.923) by adding section 616a.
Was read a second time, and the question being on the adoption of the proposed substitute (H-2) previously recommended by the Committee on Transportation,
The substitute (H-2) was adopted, a majority of the members serving voting therefor.
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. 842, entitled
A bill to amend 1949 PA 300, entitled "Michigan vehicle code," (MCL 257.1 to 257.923) by adding section 616a.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 67 Yeas--105
Accavitti Gaffney Meyer Sheen
Acciavatti Gieleghem Middaugh Sheltrown
Adamini Gleason Milosch Shulman
Amos Hager Minore Smith
Anderson Hardman Moolenaar Spade
Bieda Hood Mortimer Stahl
Bisbee Hoogendyk Murphy Stakoe
Bradstreet Hopgood Newell Stallworth
Brandenburg Howell Nitz Steil
Brown Huizenga Nofs Stewart
Byrum Hummel O'Neil Taub
Casperson Hune Palmer Tobocman
Caswell Hunter Palsrok Vagnozzi
Caul Jamnick Pappageorge Van Regenmorter
Cheeks Johnson, Rick Pastor Vander Veen
Clack Johnson, Ruth Phillips Voorhees
Condino Julian Plakas Walker
Daniels Koetje Pumford Ward
Dennis Kolb Reeves Waters
DeRoche Kooiman Richardville Wenke
DeRossett LaJoy Rivet Whitmer
Drolet LaSata Robertson Williams
Ehardt Law Rocca Wojno
Elkins Lipsey Sak Woodward
Emmons McConico Shackleton Woronchak
Farhat Meisner Shaffer Zelenko
Farrah
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 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,"
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. Gillard entered the House Chambers.
Second Reading of Bills
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.
Was read a second time, and the question being on the adoption of the proposed substitute (H-5) previously recommended by the Committee on Commerce,
The substitute (H-5) was adopted, a majority of the members serving voting therefor.
Rep. Emmons moved to amend the bill as follows:
1. Amend page 14, following line 21, by inserting:
"(d) That maintains 150 retained jobs at a facility, maintains 1,000 or more full-time jobs in this state, and makes new capital investment in this state.".
The question being on the adoption of the amendment offered by Rep. Emmons,
Rep. Emmons demanded the yeas and nays.
The demand was supported.
The question being on the adoption of the amendment offered by Rep. Emmons,
The amendment was adopted, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 68 Yeas--106
Accavitti Gaffney Meyer Sheen
Acciavatti Gieleghem Middaugh Sheltrown
Adamini Gillard Milosch Shulman
Amos Gleason Minore Smith
Anderson Hager Moolenaar Spade
Bieda Hardman Mortimer Stahl
Bisbee Hood Murphy Stakoe
Bradstreet Hoogendyk Newell Stallworth
Brandenburg Hopgood Nitz Steil
Brown Howell Nofs Stewart
Byrum Huizenga O'Neil Taub
Casperson Hummel Palmer Tobocman
Caswell Hune Palsrok Vagnozzi
Caul Hunter Pappageorge Van Regenmorter
Cheeks Jamnick Pastor Vander Veen
Clack Johnson, Rick Phillips Voorhees
Condino Johnson, Ruth Plakas Walker
Daniels Julian Pumford Ward
Dennis Koetje Reeves Waters
DeRoche Kolb Richardville Wenke
DeRossett Kooiman Rivet Whitmer
Drolet LaJoy Robertson Williams
Ehardt LaSata Rocca Wojno
Elkins Law Sak Woodward
Emmons Lipsey Shackleton Woronchak
Farhat McConico Shaffer Zelenko
Farrah Meisner
Nays--0
In The Chair: Julian
Rep. Hummel moved to amend the bill as follows:
1. Amend page 14, line 3, after "agreement" by inserting a comma and "which shall include a repayment provision of all or a portion of the credits under section 9 for a violation of the written agreement,".
The motion prevailed and the amendment was adopted, a majority of the members serving voting therefor.
Rep. Richardville moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
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 second time.
Rep. Huizenga moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
Rep. Richardville moved that the bill be placed on its immediate passage.
The motion prevailed, a majority of the members serving voting therefor.
By unanimous consent the House returned to the order of
Third Reading of Bills
House Bill No. 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.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 69 Yeas--106
Accavitti Gaffney Meyer Sheen
Acciavatti Gieleghem Middaugh Sheltrown
Adamini Gillard Milosch Shulman
Amos Gleason Minore Smith
Anderson Hager Moolenaar Spade
Bieda Hardman Mortimer Stahl
Bisbee Hood Murphy Stakoe
Bradstreet Hoogendyk Newell Stallworth
Brandenburg Hopgood Nitz Steil
Brown Howell Nofs Stewart
Byrum Huizenga O'Neil Taub
Casperson Hummel Palmer Tobocman
Caswell Hune Palsrok Vagnozzi
Caul Hunter Pappageorge Van Regenmorter
Cheeks Jamnick Pastor Vander Veen
Clack Johnson, Rick Phillips Voorhees
Condino Johnson, Ruth Plakas Walker
Daniels Julian Pumford Ward
Dennis Koetje Reeves Waters
DeRoche Kolb Richardville Wenke
DeRossett Kooiman Rivet Whitmer
Drolet LaJoy Robertson Williams
Ehardt LaSata Rocca Wojno
Elkins Law Sak Woodward
Emmons Lipsey Shackleton Woronchak
Farhat McConico Shaffer Zelenko
Farrah Meisner
Nays--0
In The Chair: Julian
The House agreed to the title of the bill.
Rep. Richardville moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
______
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. Shulman, Daniels, Stallworth, Smith, Cheeks, Waters and Bradstreet offered the following resolution:
House Resolution No. 203.
A resolution to urge the Congress of the United States and the Michigan Department of Education to take certain actions to ensure the integrity and success of the E-Rate program to bring technology to all school districts.
Whereas, The education of our nation's youth continues to be a top priority at all levels of government. In one of many efforts to advance the education of our nation's youth, Congress enacted the E-Rate program, officially known as the Universal Service Program Schools and Libraries Support Mechanism, as part of the 1996 Telecommunications Act; and
Whereas, The purpose of the E-Rate program is to provide our nation's neediest school districts and libraries with the necessary funding to develop and expand their technological infrastructure by procuring internet access, internal network connections, and other telecommunications services. This allows school districts and libraries to reallocate some of their funds to other necessary and essential programs; and
Whereas, The E-Rate program is a ratepayer-funded initiative made possible by fees paid by telecommunications companies that then pass these costs on to their customers; and
Whereas, It has recently been discovered that a major telecommunications provider and participant in the E-Rate program may have violated specific provisions of the program by amassing over $5 million worth of telecommunications material and equipment intended to be used to enhance technology in the Chicago Public Schools. In this case, the materials and equipment were reportedly never delivered or installed in the schools for which they were intended. This has resulted in a loss to both the taxpayers and to the children this telecommunications material and equipment were intended to help. The United States House of Representatives Energy and Commerce Committee has begun an investigation into these alleged improprieties; and
Whereas, School districts and libraries in the state of Michigan also participate in the E-Rate program, having received a total of $30.8 million in Fiscal Year 2003. In an effort to bolster the education of our state's youth and build upon the commendable purpose of the E-Rate program, the Michigan Legislature is committed to putting forth the effort necessary to help our school districts implement competitive technical programs; and
Whereas, As a result of the recent economic recession, it is now, more than ever, imperative that all of levels of government continue to seek ways to maximize efficiencies while reducing costs; now, therefore, be it
Resolved by the House of Representatives, That we express our support for the United States House of Representatives Energy and Commerce Committee's efforts to restore the integrity of the E-Rate program by uncovering any possible abuse or misappropriation of funds, or any failure to adhere to the guidelines of the program by any of the parties involved. We urge the committee to proceed with the utmost diligence and expediency in its investigation of this matter; and be it further
Resolved, That we request the Michigan State Board of Education and the Michigan Department of Education to investigate Michigan's involvement in the E-Rate program to ensure that these funds are being utilized for their intended purpose and that Michigan's children are receiving the equipment and benefits for which these funds were allocated; and be it further
Resolved, That copies of this resolution be transmitted to the Michigan State Board of Education, the Michigan Superintendent of Public Instruction, 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 members of the United States House of Representatives Energy and Commerce Committee.
The resolution was referred to the Committee on Commerce.
Reps. Farhat, LaJoy, Steil, Nofs, Gaffney, Ward, Hoogendyk, Sheen, Woronchak, Brandenburg, Kooiman, Huizenga, Stahl, Newell, Hager, Wenke, Shackleton, Milosch, Mortimer, Bradstreet, Emmons, Pastor, Vander Veen, Shaffer, Palsrok, Acciavatti, Moolenaar, Stakoe, Van Regenmorter, Nitz, Brown, Hune, Farrah, Plakas, Sak, O'Neil, Dennis and Vagnozzi offered the following resolution:
House Resolution No. 204.
A resolution to urge Michigan's public universities and community colleges to charge in-state tuition rates instead of nonresident rates to members of the military and their dependents stationed in Michigan.
Whereas, Although we should need no reminders of the sacrifices that are always being made by members of America's Armed Forces, the current challenges facing our nation clearly illustrate the stresses that military service places on military families; and
Whereas, One of the many hardships that confront members of the military and their families involves rates of tuition for higher education. Military families relocate regularly as service needs are met. The result of these moves is that military personnel and their dependents often are unable to establish residency for the purpose of paying the lower in-state tuition rates; and
Whereas, It is unfair for military families, whose locations are essentially determined by the nation's needs as the military assigns its personnel around the country, to be penalized by having to pay the significantly higher nonresident tuition rates for higher education. Across the country, many states have adopted policies to permit military personnel and families to benefit from in-state tuition rates. Michigan's universities and community colleges should do so as well; and
Whereas, By its very nature, service in the military requires people to give up a great deal for their fellow Americans. There is, however, no reason that these enormous sacrifices should include major financial obstacles to higher education; now, therefore, be it
Resolved by the House of Representatives, That we urge Michigan's public universities and community colleges to charge in-state tuition rates instead of nonresident rates to members of the military and their dependents stationed in Michigan; and be it further
Resolved, That copies of this resolution be transmitted to Michigan's public universities and community colleges.
The resolution was referred to the Committee on Higher Education.
Reports of Standing Committees
The Committee on Land Use and Environment, by Rep. Ruth Johnson, Chair, reported
House Bill No. 4929, entitled
A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending section 3112a (MCL 324.3112a), as amended by 2000 PA 286.
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. Ruth Johnson, LaJoy, Milosch, Nitz, Ward, Farrah, Gieleghem 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 18, 2004
Present: Reps. Ruth Johnson, LaJoy, Milosch, Nitz, Ward, Farrah, Gieleghem and Law
Absent: Reps. Ehardt, DeRossett and Dennis
Excused: Reps. Ehardt, DeRossett and Dennis
The Committee on Government Operations, by Rep. Koetje, Chair, reported
House Bill No. 4478, entitled
An act to amend 1990 PA 211, entitled "An initiation of Legislation to require parental consent for abortions performed on unemancipated minors and to provide a judicial alternative to parental consent; to provide for certain rights, powers, and duties of departments, individuals, and courts; and to prescribe penalties," by amending sections 3 and 4 (MCL 722.903 and 722.904).
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: Reps. Tobocman and Lipsey
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Koetje, Chair, of the Committee on Government Operations, was received and read:
Meeting held on: Thursday, February 19, 2004
Present: Reps. Koetje, Drolet, Howell, Tobocman and Lipsey
The Committee on Family and Children Services, by Rep. Hager, Chair, reported
House Bill No. 4476, entitled
A bill to provide for respite care resources; to establish the Michigan lifespan respite services program; to provide for community lifespan respite services programs; and to prescribe the powers and duties of certain departments of this state.
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. Hager, Stahl, Vander Veen, Voorhees, Sheen, Hardman, Clack and Elkins
Nays: None
The Committee on Family and Children Services, by Rep. Hager, Chair, reported
House Bill No. 4654, entitled
A bill to amend 1971 PA 174, entitled "Office of child support act," (MCL 400.231 to 400.240) by adding section 3b.
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 under the rules.
Favorable Roll Call
To Report Out:
Yeas: Reps. Hager, Stahl, Vander Veen, Voorhees, Sheen, Hardman, Clack and Elkins
Nays: None
The Committee on Family and Children Services, by Rep. Hager, Chair, reported
House Bill No. 5259, entitled
A bill to amend 1982 PA 294, entitled "Friend of the court act," by amending section 11 (MCL 552.511), as amended by 2002 PA 571.
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. Hager, Stahl, Vander Veen, Voorhees, Sheen, Hardman, Clack and Elkins
Nays: None
The Committee on Family and Children Services, by Rep. Hager, Chair, reported
House Bill No. 5261, entitled
A bill to amend 1982 PA 295, entitled "Support and parenting time enforcement act," by amending section 3 (MCL 552.603), as amended by 2002 PA 572.
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. Hager, Stahl, Vander Veen, Voorhees, Sheen, Hardman, Clack and Elkins
Nays: None
The Committee on Family and Children Services, by Rep. Hager, Chair, reported
House Bill No. 5262, entitled
A bill to amend 1931 PA 328, entitled "The Michigan penal code," (MCL 750.1 to 750.568) by adding section 161a.
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. 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 18, 2004
Present: Reps. Hager, Stahl, Vander Veen, Voorhees, Sheen, Hardman, Clack and Elkins
Absent: Rep. Hart
Excused: Rep. Hart
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Shulman, Chair, of the Committee on Appropriations, was received and read:
Meeting held on: Thursday, February 12, 2004
Present: Reps. Shulman, Emmons, Caul, Pumford, Kooiman, Newell, Stewart, Acciavatti, Amos, Caswell, Farhat, Hoogendyk, Moolenaar, Pastor, Shaffer, Steil, Taub, Walker, Brandenburg, Mortimer, Whitmer, Brown, Kolb, Phillips, Plakas, Reeves, Williams, Cheeks, Hunter, Sak, Zelenko and O'Neil
Absent: Rep. Shackleton
Excused: Rep. Shackleton
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Woronchak, Chair, of the Committee on Senior Health, Security and Retirement, was received and read:
Meeting held on: Thursday, February 19, 2004
Present: Reps. Woronchak, Mortimer, Rocca, Vander Veen and Vagnozzi
Absent: Reps. Pappageorge, Tabor, Stallworth and Zelenko
Excused: Reps. Pappageorge, Tabor, Stallworth and Zelenko
Announcement by the Clerk of Printing and Enrollment
The Clerk announced that the following bills had been printed and placed upon the files of the members on Tuesday, February 17:
Senate Bill Nos. 998 999 1000
The Clerk announced that the following bills had been printed and placed upon the files of the members on Thursday, February 19:
House Bill Nos. 5555 5556 5557 5558 5559 5560 5561 5562 5563 5564 5565 5566 5567 5568 5569 5570 5571 5572 5573 5574 5575 5576 5577 5578 5579 5580 5581 5582
The Clerk announced that the following Senate bill had been received on Thursday, February 19:
Senate Bill No. 559
By unanimous consent the House returned to the order of
Messages from the Senate
House Bill No. 4463, entitled
A bill to amend 1949 PA 300, entitled "Michigan vehicle code," (MCL 257.1 to 257.923) by adding section 811q.
The Senate has concurred in the House amendment to the Senate substitute (S-1).
The bill was referred to the Clerk for enrollment printing and presentation to the Governor.
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 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.
Senate Bill No. 559, entitled
A bill to amend 1998 PA 58, entitled "Michigan liquor control code of 1998," by amending section 513 (MCL 436.1513), as amended by 2002 PA 725.
The Senate has passed the bill.
The bill was read a first time by its title and referred to the Committee on Regulatory Reform.
Messages from the Governor
Date: February 19, 2004
Time: 7:20 a.m.
To the Speaker of the House of Representatives:
Sir--I have this day approved and signed
Enrolled House Bill No. 5244 (Public Act No. 4, 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 9b (MCL 211.9b), as amended by 2003 PA 274.
(Filed with the Secretary of State February 19, 2004, at 9:07 a.m.)
Introduction of Bills
Reps. Kolb, Milosch, Tobocman and Sak introduced
House Bill No. 5583, entitled
A bill to amend 1933 PA 167, entitled "General sales tax act," (MCL 205.51 to 205.78) by adding section 4h.
The bill was read a first time by its title and referred to the Committee on Tax Policy.
Reps. Kolb and Tobocman introduced
House Bill No. 5584, entitled
A bill to amend 1990 PA 187, entitled "The pupil transportation act," (MCL 257.1801 to 257.1877) by adding section 40.
The bill was read a first time by its title and referred to the Committee on Transportation.
Reps. Spade, Sheltrown, Plakas, Bieda and Byrum introduced
House Bill No. 5585, entitled
A bill to amend 1949 PA 300, entitled "Michigan vehicle code," (MCL 257.1 to 257.923) by adding section 706a.
The bill was read a first time by its title and referred to the Committee on Transportation.
Rep. Acciavatti introduced
House Bill No. 5586, entitled
A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending section 3101 (MCL 324.3101), as amended by 2001 PA 114, and by adding section 3111b.
The bill was read a first time by its title and referred to the Committee on Great Lakes and Tourism.
Reps. Julian, Voorhees, Pastor, Robertson, Caswell, Hummel, Brandenburg, Taub, Koetje, Steil, Stakoe, Stahl, Pumford, Meyer, Howell, Shackleton, Newell, Ward, Amos, Stewart, Tabor, Shaffer, Casperson, Rocca, Huizenga, Nofs, Bradstreet, Emmons, Pappageorge, Acciavatti, Hoogendyk, Wenke, Mortimer and Nitz introduced
House Joint Resolution W, entitled
A joint resolution proposing an amendment to the state constitution of 1963, by amending section 46 of article IV, to provide for the death penalty in certain circumstances.
The joint resolution was read a first time by its title and referred to the Committee on Regulatory Reform.
Rep. Woodward moved that the House adjourn.
The motion prevailed, the time being 11:20 a.m.
The Speaker Pro Tempore declared the House adjourned until Tuesday, February 24, at 1:00 p.m.
GARY L. RANDALL
Clerk of the House of Representatives