2004-HJ-04-01-030.htm

No. 30

STATE OF MICHIGAN

JOURNAL

OF THE

House of Representatives

92nd Legislature

REGULAR SESSION OF 2004

House Chamber, Lansing, Thursday, April 1, 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--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--present 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--present

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--excused

Gaffney--present

e/d/s = entered during session

Rep. Ken Daniels, from the 2nd District, offered the following invocation:

"Eternal Father, our God, we come now to say thank You. Lord, we thank You for all that You have done, and we thank You for what You are going to do. We ask that You come into session today and help guide us. Deliver us from ourselves as we make decisions that affect the lives of those we represent. We also ask that You guide our nation and watch over the men and women in Iraq. In Jesus' name, we pray. Amen."

Second Reading of Bills

Senate Bill No. 109, entitled

A bill to amend 1975 PA 164, entitled "An act to create a commission on Spanish-speaking affairs, an office of Spanish-speaking affairs, and an interagency council on Spanish-speaking affairs; to prescribe their powers and duties; to provide for appropriations; and to abolish the advisory council for the Spanish-speaking," by amending sections 2 and 4 (MCL 18.302 and 18.304).

The bill was read a second time.

Rep. Richardville moved that the bill be placed on the order of Third Reading of Bills.

The motion prevailed.

House Bill No. 5318, 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 sections 10 and 11b (MCL 247.660 and 247.661b), section 10 as amended by 2003 PA 151 and section 11b as amended by 1992 PA 223.

Was read a second time, and the question being on the adoption of the proposed substitute (H-4) previously recommended by the Committee on Transportation,

The substitute (H-4) was adopted, a majority of the members serving voting therefor.

Rep. Elkins moved that the bill be placed on the order of Third Reading of Bills.

The motion prevailed.

House Bill No. 5319, entitled

Was read a second time, and the question being on the adoption of the proposed substitute (H-4) previously recommended by the Committee on Transportation,

The substitute (H-4) was adopted, a majority of the members serving voting therefor.

Rep. Casperson moved that the bill be placed on the order of Third Reading of Bills.

The motion prevailed.

Senate Bill No. 759, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending section 80140 (MCL 324.80140), as added by 1995 PA 58.

The bill was read a second time.

Rep. Richardville moved that the bill be placed on the order of Third Reading of Bills.

The motion prevailed.

House Bill No. 5671, entitled

A bill to amend 1909 PA 279, entitled "The home rule city act," by amending section 9 (MCL 117.9), as amended by 1984 PA 352.

The bill was read a second time.

Rep. Hune moved to amend the bill as follows:

1. Amend page 2, line 25, after the second "to" by inserting "property owners and".

2. Amend page 3, line 1, after "to" by inserting "property owners and".

3. Amend page 3, line 2, after "annexation" by inserting "by certified mail not less than 30 days before the date of the public hearing. Not less than 45 days before the date of the public hearing, the local unit of government in which the affected territory is located shall provide the state boundary commission with a list of the names and addresses of all persons the commission is required to provide notice to under this subsection".

4. Amend page 7, following line 1, by inserting:

"(12) The state boundary commission shall mail a copy of any final order issued under this section to each person the commission is required to provide notice to under subsection (2).".

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

Rep. Hune moved that the bill be placed on the order of Third Reading of Bills.

The motion prevailed.

House Bill No. 5432, entitled

A bill to amend 1980 PA 299, entitled "Occupational code," by amending section 411 (MCL 339.411), as amended by 2002 PA 611.

Was read a second time, and the question being on the adoption of the proposed substitute (H-1) previously recommended by the Committee on Veterans Affairs and Homeland Security,

The substitute (H-1) 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.

House Bill No. 4322, entitled

A bill to amend 1979 PA 94, entitled "The state school aid act of 1979," by amending section 101 (MCL 388.1701), as amended by 2002 PA 476.

Was read a second time, and the question being on the adoption of the proposed substitute (H-1) previously recommended by the Committee on Education,

The substitute (H-1) was adopted, a majority of the members serving voting therefor.

Rep. Ruth Johnson 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. Ruth Johnson moved that the bill be placed on the order of Third Reading of Bills.

The motion prevailed.

By unanimous consent the House returned to the order of

Reports of Standing Committees

The Speaker laid before the House

House Resolution No. 218.

A resolution to call on the Governor to work with the Premier of Ontario to create a Michigan-Ontario commission on border-crossing streamlining and safety.

(For text of resolution, see House Journal No. 23, p. 428.)

(The resolution was reported by the Committee on Commerce on March 30, with substitute (H-1), consideration of which, under the rules, was postponed until March 31.)

(For substitute, see House Journal No. 28, p. 532.)

The question being on the adoption of the proposed substitute (H-1) recommended by the Committee,

The substitute (H-1) was adopted, a majority of the members present voting therefor.

The question being on the adoption of the resolution,

The resolution was adopted.

Messages from the Senate

The Senate requested the return of

House Bill No. 4472, entitled

A bill to amend 1893 PA 206, entitled "The general property tax act," by amending section 9f (MCL 211.9f), as amended by 2000 PA 415.

(The bill was received from the Senate on December 3, 2003, with amendments, full title inserted and immediate effect given by the Senate, consideration of which, under the rules, was postponed until December 4, 2003, see House Journal No. 89 of 2003, p. 2253.)

The question being on concurring in the amendments made to the bill by the Senate,

Rep. Richardville moved that the request of the Senate be granted.

The motion prevailed.

Second Reading of Bills

Senate Bill No. 727, entitled

A bill to amend 1970 PA 91, entitled "Child custody act of 1970," by amending sections 2 and 7b (MCL 722.22 and 722.27b), section 2 as amended by 2002 PA 9 and section 7b as amended by 1996 PA 19.

(The bill was read a second time, substitute (H-2) adopted, amended, amendments offered and bill postponed temporarily on March 31, see House Journal No. 29, p. 597.)

Rep. Condino moved to amend the bill as follows:

1. Amend page 6, line 2, after "by" by striking out "a preponderance of the" and inserting "clear and convincing".

2. Amend page 6, line 12, after "by" by striking out "a preponderance of the" and inserting "clear and convincing".

The question being on the adoption of the amendments offered previously by Rep. Condino,

Rep. Condino demanded the yeas and nays.

The demand was supported.

The question being on the adoption of the amendments offered previously by Rep. Condino,

The amendments were not adopted, a majority of the members serving not voting therefor, by yeas and nays, as follows:

Roll Call No. 215 Yeas--51

Accavitti Drolet Kolb Sheen

Acciavatti Elkins LaSata Shulman

Adamini Farrah McConico Smith

Anderson Garfield Meisner Stahl

Bradstreet Gieleghem Milosch Stallworth

Brown Gillard Minore Tobocman

Byrum Gleason Murphy Vagnozzi

Cheeks Hardman O'Neil Waters

Clack Hood Palmer Whitmer

Condino Hoogendyk Phillips Williams

Daniels Hummel Plakas Wojno

Dennis Hunter Reeves Woodward

DeRoche Jamnick Sak

Nays--52

Amos Howell Moolenaar Spade

Bieda Huizenga Mortimer Stakoe

Bisbee Hune Newell Steil

Casperson Johnson, Rick Nitz Stewart

Caswell Johnson, Ruth Nofs Tabor

Caul Julian Palsrok Taub

DeRossett Koetje Pappageorge Van Regenmorter

Emmons Kooiman Pastor Vander Veen

Farhat LaJoy Pumford Voorhees

Gaffney Law Richardville Walker

Hager Lipsey Robertson Ward

Hart Meyer Shackleton Wenke

Hopgood Middaugh Shaffer Woronchak

In The Chair: Julian

Rep. Richardville moved that the bill be placed on the order of Third Reading of Bills.

The motion prevailed.

Rep. Richardville moved that the bill be placed on its immediate passage.

The motion prevailed, a majority of the members serving voting therefor.

______

Rep. Gillard moved that Rep. Sheltrown be excused temporarily from today's session.

The motion prevailed.

Rep. Nitz moved that Rep. Brandenburg be excused from the balance of today's session.

The motion prevailed.

By unanimous consent the House returned to the order of

Third Reading of Bills

Senate Bill No. 727, entitled

A bill to amend 1970 PA 91, entitled "Child custody act of 1970," by amending sections 2 and 7b (MCL 722.22 and 722.27b), section 2 as amended by 2002 PA 9 and section 7b as amended by 1996 PA 19.

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

Roll Call No. 216 Yeas--101

Accavitti Gillard Meyer Shaffer

Acciavatti Gleason Middaugh Shulman

Adamini Hager Milosch Smith

Amos Hardman Minore Spade

Anderson Hart Moolenaar Stahl

Bieda Hood Mortimer Stakoe

Bisbee Hopgood Murphy Stallworth

Bradstreet Howell Newell Steil

Brown Huizenga Nitz Stewart

Byrum Hummel Nofs Tabor

Casperson Hune O'Neil Taub

Caswell Hunter Palmer Tobocman

Caul Jamnick Palsrok Vagnozzi

Cheeks Johnson, Rick Pappageorge Van Regenmorter

Clack Johnson, Ruth Pastor Vander Veen

Condino Julian Phillips Voorhees

Daniels Koetje Plakas Walker

Dennis Kolb Pumford Ward

DeRossett Kooiman Reeves Waters

Elkins LaJoy Richardville Wenke

Emmons LaSata Rivet Whitmer

Farhat Law Robertson Williams

Farrah Lipsey Rocca Wojno

Gaffney McConico Sak Woodward

Garfield Meisner Shackleton Woronchak

Gieleghem

Nays--4

DeRoche Drolet Hoogendyk Sheen

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 declare the inherent rights of minor children; to establish rights and duties to their custody, support, and parenting time in disputed actions; to establish rights and duties to provide support for a child after the child reaches the age of majority under certain circumstances; to provide for certain procedure and appeals; and to repeal certain acts and parts of acts,"

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. Waters moved that Rep. Murphy be excused temporarily from today's session.

The motion prevailed.

Rep. Richardville moved that House Bill No. 5319 be placed on its immediate passage.

The motion prevailed, a majority of the members serving voting therefor.

House Bill No. 5319, 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. 217 Yeas--104

Accavitti Garfield McConico Shaffer

Acciavatti Gieleghem Meisner Sheen

Adamini Gillard Meyer Shulman

Amos Gleason Middaugh Smith

Anderson Hager Milosch Spade

Bieda Hardman Minore Stahl

Bisbee Hart Moolenaar Stakoe

Bradstreet Hood Mortimer Stallworth

Brown Hoogendyk Newell Steil

Byrum Hopgood Nitz Stewart

Casperson Howell Nofs Tabor

Caswell Huizenga O'Neil Taub

Caul Hummel Palmer Tobocman

Cheeks Hune Palsrok Vagnozzi

Clack Hunter Pappageorge Van Regenmorter

Condino Jamnick Pastor Vander Veen

Daniels Johnson, Rick Phillips Voorhees

Dennis Johnson, Ruth Plakas Walker

DeRoche Julian Pumford Ward

DeRossett Koetje Reeves Waters

Drolet Kolb Richardville Wenke

Elkins Kooiman Rivet Whitmer

Emmons LaJoy Robertson Williams

Farhat LaSata Rocca Wojno

Farrah Law Sak Woodward

Gaffney Lipsey Shackleton Woronchak

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 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 the title and section 10 (MCL 247.660), the title as amended by 1997 PA 79 and section 10 as amended by 2003 PA 151.

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.

Rep. Richardville moved that House Bill No. 4322 be placed on its immediate passage.

The motion prevailed, a majority of the members serving voting therefor.

House Bill No. 4322, entitled

A bill to amend 1979 PA 94, entitled "The state school aid act of 1979," by amending section 101 (MCL 388.1701), as amended by 2002 PA 476.

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

Roll Call No. 218 Yeas--106

Accavitti Gieleghem Meyer Sheen

Acciavatti Gillard Middaugh Sheltrown

Adamini Gleason Milosch Shulman

Amos Hager Minore Smith

Anderson Hardman Moolenaar Spade

Bieda Hart Mortimer Stahl

Bisbee Hood Murphy Stakoe

Bradstreet Hoogendyk Newell Stallworth

Brown Hopgood Nitz Steil

Byrum Howell Nofs Stewart

Casperson Huizenga O'Neil Tabor

Caswell Hummel Palmer Taub

Caul Hune Palsrok Tobocman

Cheeks Hunter Pappageorge Vagnozzi

Clack Jamnick Pastor Van Regenmorter

Condino Johnson, Rick Phillips Vander Veen

Daniels Johnson, Ruth Plakas Voorhees

Dennis Julian Pumford Walker

DeRoche Koetje Reeves Ward

DeRossett Kolb Richardville Waters

Drolet Kooiman Rivet Wenke

Elkins LaJoy Robertson Whitmer

Emmons LaSata Rocca Williams

Farhat Law Sak Wojno

Farrah Lipsey Shackleton Woodward

Gaffney McConico Shaffer Woronchak

Garfield Meisner

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 1979 PA 94, entitled "The state school aid act of 1979," by amending section 101 (MCL 388.1701), as amended by 2003 PA 158.

The motion prevailed.

The House agreed to the title as amended.

Rep. Richardville moved that the bill be given immediate effect.

The motion prevailed, 2/3 of the members serving voting therefor.

Reps. McConico, Stewart, Woodward, Shulman, Minore, Jamnick, Richardville, Lipsey, Kooiman, Meyer, Newell, Caul, Hunter, Hood, Hopgood, Law, Bieda, Wojno, Clack, Vagnozzi, Taub, Accavitti, Garfield, Gleason, Nofs, Wenke, Sak, Stahl, Huizenga, Elkins and Gillard were named co-sponsors of the bill.

______

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

The motion prevailed.

Rep. Hood moved that Rep. Sheltrown be excused temporarily from today's session.

The motion prevailed.

Rep. Richardville moved that House Bill No. 5318 be placed on its immediate passage.

The motion prevailed, a majority of the members serving voting therefor.

House Bill No. 5318, 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. 219 Yeas--105

Accavitti Garfield McConico Shackleton

Acciavatti Gieleghem Meisner Shaffer

Adamini Gillard Meyer Sheen

Amos Gleason Middaugh Shulman

Anderson Hager Milosch Smith

Bieda Hardman Minore Spade

Bisbee Hart Moolenaar Stahl

Bradstreet Hood Mortimer Stakoe

Brown Hoogendyk Murphy Stallworth

Byrum Hopgood Newell Steil

Casperson Howell Nitz Stewart

Caswell Huizenga Nofs Tabor

Caul Hummel O'Neil Taub

Cheeks Hune Palmer Tobocman

Clack Hunter Palsrok Vagnozzi

Condino Jamnick Pappageorge Van Regenmorter

Daniels Johnson, Rick Pastor Vander Veen

Dennis Johnson, Ruth Phillips Voorhees

DeRoche Julian Plakas Walker

DeRossett Koetje Pumford Ward

Drolet Kolb Reeves Waters

Ehardt Kooiman Richardville Wenke

Elkins LaJoy Rivet Whitmer

Emmons LaSata Robertson Williams

Farhat Law Rocca Wojno

Farrah Lipsey Sak Woronchak

Gaffney

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 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 the title and section 11b (MCL 247.661b), the title as amended by 1997 PA 79 and section 11b as amended by 1992 PA 223.

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. 4468, entitled

A bill to amend 1931 PA 328, entitled "The Michigan penal code," by amending section 136b (MCL 750.136b), as amended by 1999 PA 273.

Was read a second time, and the question being on the adoption of the proposed substitute (H-2) previously recommended by the Committee on Criminal Justice,

Rep. Richardville moved that consideration of the bill be postponed temporarily.

The motion prevailed.

House Bill No. 5643, entitled

A bill to amend 1975 PA 228, entitled "Single business tax act," by amending section 77 (MCL 208.77), as amended by 1999 PA 115.

The bill was read a second time.

Rep. LaJoy moved to substitute (H-1) the bill.

The motion prevailed and the substitute (H-1) was adopted, a majority of the members serving voting therefor.

Rep. LaJoy 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. Richardville moved that consideration of the bill be postponed temporarily.

The motion prevailed.

House Bill No. 5349, entitled

A bill to amend 1956 PA 217, entitled "Electrical administrative act," by amending sections 1b and 3k (MCL 338.881b and 338.883k), as added by 1992 PA 130.

Was read a second time, and the question being on the adoption of the proposed amendments previously recommended by the Committee on Regulatory Reform (for amendments, see House Journal No. 16, p. 262),

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

Rep. Dennis moved to substitute (H-1) the bill.

The motion prevailed and the substitute (H-1) was adopted, a majority of the members serving voting therefor.

Rep. Dennis 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. 5349, entitled

A bill to amend 1956 PA 217, entitled "Electrical administrative act," by amending sections 1b and 3k (MCL 338.881b and 338.883k), as added by 1992 PA 130.

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

Roll Call No. 220 Yeas--105

Accavitti Garfield Meisner Shaffer

Acciavatti Gieleghem Meyer Sheen

Adamini Gillard Middaugh Shulman

Amos Gleason Milosch Smith

Anderson Hager Minore Spade

Bieda Hardman Moolenaar Stahl

Bisbee Hart Mortimer Stakoe

Bradstreet Hood Murphy Stallworth

Brown Hoogendyk Newell Steil

Byrum Hopgood Nitz Stewart

Casperson Howell Nofs Tabor

Caswell Hummel O'Neil Taub

Caul Hune Palmer Tobocman

Cheeks Hunter Palsrok Vagnozzi

Clack Jamnick Pappageorge Van Regenmorter

Condino Johnson, Rick Pastor Vander Veen

Daniels Johnson, Ruth Phillips Voorhees

Dennis Julian Plakas Walker

DeRoche Koetje Pumford Ward

DeRossett Kolb Reeves Waters

Drolet Kooiman Richardville Wenke

Ehardt LaJoy Rivet Whitmer

Elkins LaSata Robertson Williams

Emmons Law Rocca Wojno

Farhat Lipsey Sak Woodward

Farrah McConico Shackleton Woronchak

Gaffney

Nays--1

Huizenga

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. Waters moved that Reps. Stallworth, Plakas and Reeves be excused temporarily from today's session.

The motion prevailed.

Rep. Richardville moved that Senate Bill No. 759 be placed on its immediate passage.

The motion prevailed, a majority of the members serving voting therefor.

Senate Bill No. 759, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending section 80140 (MCL 324.80140), as added by 1995 PA 58.

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

Roll Call No. 221 Yeas--102

Accavitti Garfield McConico Shaffer

Acciavatti Gieleghem Meisner Sheen

Adamini Gillard Meyer Shulman

Amos Gleason Middaugh Smith

Anderson Hager Milosch Spade

Bieda Hardman Minore Stahl

Bisbee Hart Moolenaar Stakoe

Bradstreet Hood Mortimer Steil

Brown Hoogendyk Murphy Stewart

Byrum Hopgood Newell Tabor

Casperson Howell Nitz Taub

Caswell Huizenga Nofs Tobocman

Caul Hummel O'Neil Vagnozzi

Cheeks Hune Palmer Van Regenmorter

Clack Hunter Palsrok Vander Veen

Condino Jamnick Pappageorge Voorhees

Daniels Johnson, Rick Pastor Walker

Dennis Johnson, Ruth Phillips Ward

DeRoche Julian Pumford Waters

DeRossett Koetje Richardville Wenke

Drolet Kolb Rivet Whitmer

Elkins Kooiman Robertson Williams

Emmons LaJoy Rocca Wojno

Farhat LaSata Sak Woodward

Farrah Law Shackleton Woronchak

Gaffney Lipsey

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 protect the environment and natural resources of the state; to codify, revise, consolidate, and classify laws relating to the environment and natural resources of the state; to regulate the discharge of certain substances into the environment; to regulate the use of certain lands, waters, and other natural resources of the state; to prescribe the powers and duties of certain state and local agencies and officials; to provide for certain charges, fees, and assessments; to provide certain appropriations; to prescribe penalties and provide remedies; to repeal certain parts of this act on a specific date; and to repeal certain acts and parts of acts,"

The House agreed to the full title.

Rep. Richardville moved that the bill be given immediate effect.

The motion prevailed, 2/3 of the members serving voting therefor.

Rep. Richardville moved that House Bill No. 5671 be placed on its immediate passage.

The motion prevailed, a majority of the members serving voting therefor.

House Bill No. 5671, entitled

A bill to amend 1909 PA 279, entitled "The home rule city act," by amending section 9 (MCL 117.9), as amended by 1984 PA 352.

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

Roll Call No. 222 Yeas--103

Accavitti Gaffney Lipsey Shackleton

Acciavatti Garfield McConico Shaffer

Adamini Gieleghem Meisner Sheen

Amos Gillard Meyer Shulman

Anderson Gleason Middaugh Spade

Bieda Hager Milosch Stahl

Bisbee Hardman Minore Stakoe

Bradstreet Hart Moolenaar Stallworth

Brown Hood Mortimer Steil

Byrum Hoogendyk Murphy Stewart

Casperson Hopgood Newell Tabor

Caswell Howell Nitz Taub

Caul Huizenga Nofs Tobocman

Cheeks Hummel O'Neil Vagnozzi

Clack Hune Palmer Van Regenmorter

Condino Hunter Palsrok Vander Veen

Daniels Jamnick Pappageorge Voorhees

Dennis Johnson, Rick Pastor Walker

DeRoche Johnson, Ruth Phillips Ward

DeRossett Julian Plakas Waters

Drolet Koetje Pumford Wenke

Ehardt Kolb Richardville Whitmer

Elkins Kooiman Rivet Williams

Emmons LaJoy Robertson Woodward

Farhat LaSata Rocca Woronchak

Farrah Law 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. Richardville moved that House Bill No. 5432 be placed on its immediate passage.

The motion prevailed, a majority of the members serving voting therefor.

House Bill No. 5432, entitled

A bill to amend 1980 PA 299, entitled "Occupational code," by amending section 411 (MCL 339.411), as amended by 2002 PA 611.

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

Roll Call No. 223 Yeas--101

Accavitti Garfield Lipsey Shaffer

Acciavatti Gieleghem Meisner Sheen

Adamini Gillard Meyer Shulman

Amos Gleason Middaugh Spade

Anderson Hager Milosch Stahl

Bieda Hardman Minore Stakoe

Bisbee Hart Moolenaar Stallworth

Bradstreet Hood Mortimer Steil

Brown Hoogendyk Newell Stewart

Byrum Hopgood Nitz Tabor

Casperson Howell Nofs Taub

Caswell Huizenga O'Neil Tobocman

Caul Hummel Palmer Vagnozzi

Cheeks Hune Palsrok Van Regenmorter

Clack Hunter Pappageorge Vander Veen

Condino Jamnick Pastor Voorhees

Daniels Johnson, Rick Phillips Walker

Dennis Johnson, Ruth Plakas Ward

DeRoche Julian Pumford Waters

DeRossett Koetje Richardville Wenke

Drolet Kolb Rivet Whitmer

Elkins Kooiman Robertson Williams

Emmons LaJoy Rocca Wojno

Farhat LaSata Sak Woodward

Farrah Law Shackleton Woronchak

Gaffney

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 Senate Bill No. 109 be placed on its immediate passage.

The motion prevailed, a majority of the members serving voting therefor.

Senate Bill No. 109, 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. 224 Yeas--99

Accavitti Farrah Law Shackleton

Acciavatti Gaffney Lipsey Shaffer

Adamini Garfield Meisner Sheen

Amos Gieleghem Meyer Shulman

Anderson Gillard Middaugh Smith

Bieda Gleason Milosch Spade

Bisbee Hager Minore Stahl

Bradstreet Hardman Moolenaar Steil

Brown Hart Mortimer Stewart

Byrum Hoogendyk Murphy Tabor

Casperson Hopgood Newell Taub

Caswell Howell Nitz Tobocman

Caul Huizenga Nofs Vagnozzi

Cheeks Hummel O'Neil Van Regenmorter

Clack Hune Palmer Vander Veen

Condino Hunter Palsrok Voorhees

Daniels Jamnick Pastor Ward

Dennis Johnson, Rick Phillips Waters

DeRoche Johnson, Ruth Plakas Wenke

DeRossett Julian Pumford Whitmer

Drolet Koetje Richardville Williams

Ehardt Kolb Rivet Wojno

Elkins Kooiman Robertson Woodward

Emmons LaJoy Rocca Woronchak

Farhat LaSata 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. Richardville moved to reconsider the vote by which the House passed the bill.

The motion prevailed, a majority of the members serving voting therefor.

The question being on the passage of the bill,

The bill was then passed, a majority of the members serving voting therefor, by yeas and nays, as follows:

Roll Call No. 225 Yeas--106

Accavitti Garfield Meisner Shaffer

Acciavatti Gieleghem Meyer Sheen

Adamini Gillard Middaugh Shulman

Amos Gleason Milosch Smith

Anderson Hager Minore Spade

Bieda Hardman Moolenaar Stahl

Bisbee Hart Mortimer Stakoe

Bradstreet Hood Murphy Stallworth

Brown Hoogendyk Newell Steil

Byrum Hopgood Nitz Stewart

Casperson Howell Nofs Tabor

Caswell Huizenga O'Neil Taub

Caul Hummel Palmer Tobocman

Cheeks Hune Palsrok Vagnozzi

Clack Hunter Pappageorge Van Regenmorter

Condino Jamnick Pastor Vander Veen

Daniels Johnson, Rick Phillips Voorhees

Dennis Johnson, Ruth Plakas Walker

DeRoche Julian Pumford Ward

DeRossett Koetje Reeves Waters

Drolet Kolb Richardville Wenke

Ehardt Kooiman Rivet Whitmer

Elkins LaJoy Robertson Williams

Emmons LaSata Rocca Wojno

Farhat Law Sak Woodward

Farrah Lipsey Shackleton Woronchak

Gaffney McConico

Nays--0

In The Chair: Julian

Second Reading of Bills

House Bill No. 5517, entitled

A bill to make appropriations for the legislature, the executive, the department of attorney general, the department of state, the department of treasury, the department of management and budget, the department of civil service, the department of civil rights, and certain state purposes related thereto for the fiscal year ending September 30, 2005; to provide for the expenditure of the appropriations; to provide for the disposition of fees and other income received by the state agencies; and to declare the effect of this act.

Was read a second time, and the question being on the adoption of the proposed substitute (H-1) previously recommended by the Committee on Appropriations,

The substitute (H-1) was adopted, a majority of the members serving voting therefor.

Rep. Williams moved to amend the bill as follows:

1. Amend page 39, following line 8, by inserting:

"Sec. 216. Amounts appropriated in part 1 for information technology may be designated as work project appropriations and carried forward to support technology projects under the direction of the department of information technology. Funds designated in this manner are not available for expenditure until approved as work projects under section 451a of the management and budget act, 1984 PA 431, MCL 18.1451a.".

The motion did not prevail and the amendment was not adopted, a majority of the members serving not voting therefor.

Rep. Williams moved to amend the bill as follows:

1. Amend page 2, line 26, by striking all of section 102 and inserting:

"Sec. 102. DEPARTMENT OF ATTORNEY GENERAL

(1) APPROPRIATION SUMMARY

Full-time equated unclassified positions. 6.0

Full-time equated classified positions 556.0

GROSS APPROPRIATION $ 62,315,100

Interdepartmental grant revenues:

Total interdepartmental grants and intradepartmental transfers 11,244,300

ADJUSTED GROSS APPROPRIATION $ 51,070,800

Federal revenues:

Total federal revenues 9,292,400

Special revenue funds:

Total local revenues 0

Total private revenues 0

Total other state restricted revenues. 11,070,000

State general fund/general purpose $ 30,708,400

(2) ATTORNEY GENERAL OPERATIONS

Full-time equated unclassified positions. 6.0

Full-time equated classified positions. 556.0

Attorney general $ 124,900

Unclassified positions--5.0 FTE positions 476,300

Attorney general operations--516.0 FTE positions 56,818,800

Child support enforcement--25.0 FTE positions 2,192,800

Prosecuting attorneys coordinating council--15.0 FTE positions 1,512,100

PACC, training project 325,000

GROSS APPROPRIATION $ 61,449,900

Appropriated from:

Interdepartmental grant revenues:

IDG from FIA 2,777,300

IDG from MDLEG, financial and insurance services 127,900

IDG from MDLEG, health services 1,218,800

IDG from MDLEG, public utility assessments 1,748,100

IDG from MDMB, risk management revolving fund 1,231,900

IDG from MDOT, comprehensive transportation fund 137,000

IDG from MDOT, state aeronautics fund 127,100

IDG from MDOT, state trunkline fund 2,672,300

IDG from MDSP, Michigan justice training fund 325,000

IDG from Michigan gaming control board 878,900

Federal revenues:

DAG, state administrative match grant/food stamps 993,800

DED-OPSE, student loans, federal lender allowance 300,600

DOL-ETA, unemployment insurance 1,429,700

DOL-OSHA, occupational safety and health 262,000

EPA, multiple grants 252,700

Federal funds 2,199,000

HHS, medical assistance, medigrant 579,700

HHS-OS, state Medicaid fraud control units 3,274,900

Special revenue funds:

Antitrust enforcement collections 581,400

Attorney general's operations fund 755,000

Auto repair facilities fees 203,100

Collections revenue 615,300

Corporate fees and security fees 132,900

Environmental response fund 685,000

Franchise fees 254,500

Game and fish protection fund 667,300

Liquor purchase revolving fund 893,300

Manufactured housing fees 198,100

Michigan state housing development authority fees 507,900

Oil and gas privilege fee revenue 151,000

Prisoner reimbursement 1,119,200

Prosecuting attorneys training fees 326,800

Retirement funds 646,800

Second injury fund 965,600

Self-insurers security fund 162,300

Silicosis and dust disease fund 483,500

State building authority revenue 85,400

State hospital authority 332,400

State lottery fund 215,800

Tobacco settlement trust fund 366,400

Utility consumers fund 496,300

Waterways fund 87,100

Worker's compensation administrative revolving fund 137,600

State general fund/general purpose $ 29,843,200

(3) INFORMATION TECHNOLOGY

Information technology services and projects $ 865,200

GROSS APPROPRIATION $ 865,200

Appropriated from:

Special revenue funds:

State general fund/general purpose $ 865,200"

and adjusting the subtotals, totals, and section 201 accordingly.

2. Amend page 41, line 27, by striking all of Section 307 and inserting:

"Sec. 307. Any unobligated antitrust enforcement revenue, not to exceed $250,000.00, may be carried forward and is available for appropriation in the succeeding fiscal year.".

3. Amend page 42, line 22, by striking all of Section 309 and inserting:

"Sec. 309. From the prisoner reimbursement funds appropriated in part 1 the department may spend up to $400,000.00 on activities related to the state correctional facilities reimbursement act, 1935 PA 253, MCL 800.401 to 800.406. If the department collects in excess of $1,231,000.00 in prisoner reimbursements, the excess, provided to the general fund up to a maximum of $800,000.00, is appropriated and may be spent on defense of litigation against the state, its departments, or employees in civil actions filed by prisoners. With the approval of the state budget director, unexpended funds at the end of the fiscal year may be carried forward for expenditure in the following year, up to a maximum of $800,000.00.".

4. Amend page 43, line 19, by striking all of Section 311.

The motion did not prevail and the amendments were not adopted, a majority of the members serving not voting therefor.

Rep. Taub moved to amend the bill as follows:

1. Amend page 8, following line 26, by inserting:

"Interdepartmental grant revenues:

IDG, optimization charges 1,070,900".

2. Amend page 9, line 3, by striking all of line 3 and adjusting the subtotals, totals, and section 201 accordingly.

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

Rep. Taub moved to amend the bill as follows:

1. Amend page 83, line 24, after "a" by striking out the balance of the section and inserting "financial audit, a performance audit, and an independent efficiency evaluation of the Detroit water and sewerage department.".

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

Rep. Shulman moved to amend the bill as follows:

1. Amend page 83, line 15, by striking all of section 925.

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

Reps. Meisner and Bieda moved to amend the bill as follows:

1. Amend page 64, following line 1, by inserting:

"Sec. 716. The department of management and budget shall adopt policies and procedures necessary for compliance by the department, other state departments and agencies, and state vendors and subcontractors, with the requirement under subsection (1) of section 261 of the management and budget act, 1984 PA 431, MCL 181.261, to provide a purchasing preference for products manufactured or services offered by Michigan-based firms.

Sec. 717. In determining whether the purchase, contracting for, providing of supplies, materials, services, insurance, utilities, third party financing, equipment, printing, and other items needed by state departments or agencies is in the best interests of this state, and in making all discretionary decisions concerning the solicitation, award, amendment, cancellation, or appeal of state contracts, the department of management and budget shall consider all of the following:

(a) Whether a proposal by a vendor to provide services to this state using employees, contractors, subcontractors, or other individuals who are not citizens of the United States, legal resident aliens, or individuals with a valid visa would be detrimental to the state of Michigan, its residents, or the state's economy.

(b) Whether a proposal by a vendor to provide services to this state from a location outside of this state or the United States would be detrimental to the state of Michigan, its residents, or the state's economy.

(c) Whether a proposal by a vendor to provide goods to this state produced outside of this state or the United States would be detrimental to the state of Michigan, its residents, or the state's economy.

(d) Whether the acquisition of goods or services from a vendor that is an expatriated business entity located in a tax haven country or an affiliate of an expatriated business entity located in a tax haven country would be detrimental to the state of Michigan, its residents, or the state's economy. As used in this section, "expatriated business entity" means a corporation or an affiliate of the corporation incorporated in a tax haven country after September 11, 2001, but with the United States as the principal market for the public trading of the corporation's stock, as determined by the director of the department of management and budget. "Tax haven country" means each of the following: Barbados, Bermuda, British Virgin Islands, Cayman Islands, Commonwealth of the Bahamas, Cyprus, Gibraltar, Isle of Man, the Principality of Liechtenstein, the Principality of Monaco, and the Republic of the Seychelles.

(e) Whether the provision of services to this state at a location outside of this state or the United States would be detrimental to the privacy interests of Michigan residents, or risk the disclosure of personal information of Michigan residents, such as social security, financial, or medical data.

(f) Whether a proposal by a vendor to provide services to this state from a location outside of this state or the United States would constitute undue risk under a risk management policy, practice, or procedure adopted by the department of management and budget under section 204 of the management and budget act, 1984 PA 431, MCL 18.1204.

(g) Whether a proposal by a vendor to provide goods to this state produced outside of this state or the United States would constitute undue risk under a risk management policy, practice, or procedure adopted by the department of management and budget under section 204 of the management and budget act, 1984 PA 431, MCL 18.1204.

Sec. 718. The department of management and budget shall collect from vendors information necessary to comply with the requirements of this act, as determined by the department. The department of management and budget may require vendors to provide any of the following:

(a) Information relating to the location of work performed under a state contract by the vendor and any subcontractors, employees, or other persons performing a state contract.

(b) Information regarding the corporate structure and location of corporate employees and activities of the vendor, its affiliates, or any subcontractors.

(c) Notice of the relocation of the vendor, employees of the vendor, subcontractors of the vendor, or other persons performing services under a state contract outside of the state of Michigan.

Sec. 719. The department of management and budget may require that any vendor or subcontractor providing call or contact center services to the state of Michigan disclose to inbound callers the location from which the call or contact center services are being provided.".

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

Rep. Stallworth moved to amend the bill as follows:

1. Amend page 73, following line 12, by inserting:

"Sec. 820. The department shall establish criteria for implementation of a 36 month revenue generation pilot project to measure revenue potential from implementation of a credit card payment alternative at Michigan headquartered credit card processors servicing in excess of 20,000 Michigan retailers.".

The question being on the adoption of the amendment offered by Rep. Stallworth,

Rep. Stallworth demanded the yeas and nays.

The demand was supported.

The question being on the adoption of the amendment offered by Rep. Stallworth,

The amendment was not adopted, a majority of the members serving not voting therefor, by yeas and nays, as follows:

Roll Call No. 226 Yeas--43

Accavitti Elkins Kolb Sak

Adamini Farrah Law Smith

Anderson Gaffney Lipsey Spade

Bieda Gieleghem McConico Stallworth

Brown Gillard Meisner Vagnozzi

Byrum Gleason Minore Waters

Cheeks Hardman Murphy Whitmer

Clack Hood O'Neil Williams

Condino Hopgood Phillips Wojno

Daniels Hunter Plakas Woodward

Dennis Jamnick Reeves

Nays--61

Acciavatti Hoogendyk Moolenaar Sheen

Amos Howell Mortimer Shulman

Bisbee Huizenga Newell Stahl

Bradstreet Hummel Nitz Stakoe

Casperson Hune Nofs Steil

Caswell Johnson, Rick Palmer Stewart

Caul Johnson, Ruth Palsrok Tabor

DeRoche Julian Pappageorge Taub

DeRossett Koetje Pastor Van Regenmorter

Drolet Kooiman Pumford Vander Veen

Ehardt LaJoy Richardville Voorhees

Emmons LaSata Robertson Walker

Farhat Meyer Rocca Ward

Garfield Middaugh Shackleton Wenke

Hager Milosch Shaffer Woronchak

Hart

In The Chair: Julian

Rep. Spade moved to amend the bill as follows:

1. Amend page 43, following line 23, by inserting:

"Sec. 312. (1) The department of attorney general shall create an annual report that lists each complaint received by the department during that year alleging that a person has failed to comply with the do-not-call list requirements of section 1a of 1971 PA 227, MCL 445.111a. Each report shall include the disposition or resolution of each complaint received.

(2) The department of attorney general shall submit each annual report created under subsection (1) to the senate and house of representatives standing committees on appropriations subcommittees on general government and the house of representatives standing committee on energy and technology.".

The question being on the adoption of the amendment offered by Rep. Spade,

Rep. Spade demanded the yeas and nays.

The demand was supported.

The question being on the adoption of the amendment offered by Rep. Spade,

The amendment was not adopted, a majority of the members serving not voting therefor, by yeas and nays, as follows:

Roll Call No. 227 Yeas--41

Accavitti Elkins Law Sak

Adamini Farrah Lipsey Spade

Anderson Gieleghem McConico Stallworth

Bieda Gillard Meisner Tobocman

Brown Gleason Murphy Vagnozzi

Byrum Hardman O'Neil Waters

Cheeks Hopgood Phillips Whitmer

Clack Hunter Plakas Williams

Condino Jamnick Reeves Wojno

Daniels Kolb Rivet Woodward

Dennis

Nays--61

Acciavatti Hoogendyk Moolenaar Sheen

Amos Howell Mortimer Shulman

Bisbee Huizenga Newell Stahl

Bradstreet Hummel Nitz Stakoe

Casperson Hune Nofs Steil

Caswell Johnson, Rick Palmer Stewart

Caul Johnson, Ruth Palsrok Tabor

DeRoche Julian Pappageorge Taub

DeRossett Koetje Pastor Van Regenmorter

Drolet Kooiman Pumford Vander Veen

Emmons LaJoy Richardville Voorhees

Farhat LaSata Robertson Walker

Gaffney Meyer Rocca Ward

Garfield Middaugh Shackleton Wenke

Hager Milosch Shaffer Woronchak

Hart

In The Chair: Julian

Rep. Whitmer moved to amend the bill as follows:

1. Amend page 43, following line 23, by inserting:

"Sec. 312. (1) The department of attorney general shall create an annual report that lists the arrests, convictions, and arrearages owed and collected through enforcement of the Child Support and Enforcement System.

The motion did not prevail and the amendment was not adopted, a majority of the members serving not voting therefor.

Rep. Williams moved to reconsider the vote by which the House did not adopt the amendment offered previously by Rep. Williams.

The motion prevailed, a majority of the members present voting therefor.

The question being on the adoption of the amendment offered previously by Rep. Williams,

The amendment was not adopted, a majority of the members serving not voting therefor.

Rep. Williams moved to reconsider the vote by which the House did not adopt the amendments offered previously by Rep. Williams.

The motion prevailed, a majority of the members present voting therefor.

The question being on the adoption of the amendments offered previously by Rep. Williams,

The amendments were not adopted, a majority of the members serving not voting therefor.

Reps. Whitmer and Pumford moved to amend the bill as follows:

1. Amend page 30, following line 16, by inserting:

"Grants to local government for activity under MCL 211.22a $ 7,000,000"

and adjusting the subtotals, totals, and section 201 accordingly.

2. Amend page 83, following line 15, by inserting:

"Sec. 924a. From the funds appropriated in part 1 for grants to local government for activity under MCL 211.22a, the department of treasury shall provide grants to cities, townships, or counties for the sole purpose of paying a portion of the costs of the activity undertaken under section 22a of the general property tax act, 1893 PA 206, MCL 211.22a, under contracts approved by the department of treasury. The total grants provided under this section shall not exceed $7,000,000.00 for the 2004-2005 fiscal year.".

The question being on the adoption of the amendments offered by Reps. Whitmer and Pumford,

Rep. Milosch moved to amend the Whitmer and Pumford amendments as follows:

1. Amend Amendment No. 2, after "Sec. 924a." by inserting "(1)".

2. Amend Amendment No. 2, following "2004-2005 fiscal year." by inserting:

"(2) The department of treasury shall require a vendor providing services under this section to use employees, contractors, subcontractors, or other individuals, a majority of whom are residents of the state of Michigan. A vendor providing services under this section shall do so from a location in this state.".

The question being on the adoption of the amendments offered by Rep. Milosch,

Rep. Milosch demanded the yeas and nays.

The demand was supported.

The question being on the adoption of the amendments offered by Rep. Milosch,

The amendments were adopted, a majority of the members serving voting therefor, by yeas and nays, as follows:

Roll Call No. 228 Yeas--104

Accavitti Gaffney McConico Shackleton

Acciavatti Garfield Meisner Shaffer

Adamini Gieleghem Meyer Sheen

Amos Gillard Middaugh Shulman

Anderson Hager Milosch Spade

Bieda Hardman Minore Stahl

Bisbee Hart Moolenaar Stakoe

Bradstreet Hood Mortimer Stallworth

Brown Hoogendyk Murphy Steil

Byrum Hopgood Newell Stewart

Casperson Howell Nitz Tabor

Caswell Huizenga Nofs Taub

Caul Hummel O'Neil Tobocman

Cheeks Hune Palmer Vagnozzi

Clack Hunter Palsrok Van Regenmorter

Condino Jamnick Pappageorge Vander Veen

Daniels Johnson, Rick Pastor Voorhees

Dennis Johnson, Ruth Phillips Walker

DeRoche Julian Plakas Ward

DeRossett Koetje Pumford Waters

Drolet Kolb Reeves Wenke

Ehardt Kooiman Richardville Whitmer

Elkins LaJoy Rivet Williams

Emmons LaSata Robertson Wojno

Farhat Law Rocca Woodward

Farrah Lipsey Sak Woronchak

Nays--0

In The Chair: Julian

The question being on the adoption of the amendments offered previously by Reps. Whitmer and Pumford,

Rep. Whitmer demanded the yeas and nays.

The demand was supported.

The question being on the adoption of the amendments offered previously by Reps. Whitmer and Pumford,

The amendments were not adopted, a majority of the members serving not voting therefor, by yeas and nays, as follows:

Roll Call No. 229 Yeas--48

Accavitti Farrah Law Sak

Adamini Gieleghem Lipsey Spade

Anderson Gillard McConico Stallworth

Bieda Gleason Meisner Stewart

Brown Hardman Minore Tobocman

Byrum Hart Murphy Vagnozzi

Cheeks Hopgood O'Neil Waters

Clack Hunter Phillips Whitmer

Condino Jamnick Plakas Williams

Daniels Julian Pumford Wojno

Dennis Kolb Reeves Woodward

Elkins LaSata Rivet Woronchak

Nays--56

Acciavatti Garfield Milosch Shaffer

Amos Hager Moolenaar Sheen

Bisbee Hoogendyk Mortimer Shulman

Bradstreet Howell Newell Stahl

Casperson Huizenga Nitz Stakoe

Caswell Hummel Nofs Steil

Caul Hune Palmer Tabor

DeRoche Johnson, Rick Palsrok Taub

DeRossett Johnson, Ruth Pappageorge Van Regenmorter

Drolet Koetje Pastor Vander Veen

Ehardt Kooiman Richardville Voorhees

Emmons LaJoy Robertson Walker

Farhat Meyer Rocca Ward

Gaffney Middaugh Shackleton Wenke

In The Chair: Julian

Rep. Cheeks moved to amend the bill as follows:

1. Amend page 26, line 12, by striking out "2,599,300" and inserting "2,099,300" and adjusting the subtotals, totals, and section 201 accordingly.

2. Amend page 83, line 23, by striking all of section 926.

The question being on the adoption of the amendments offered by Rep. Cheeks,

Rep. Cheeks demanded the yeas and nays.

The demand was supported.

The question being on the adoption of the amendments offered by Rep. Cheeks,

The amendments were not adopted, a majority of the members serving not voting therefor, by yeas and nays, as follows:

Roll Call No. 230 Yeas--44

Adamini Gaffney Lipsey Sak

Anderson Gillard McConico Smith

Brown Gleason Meisner Spade

Caul Hardman Middaugh Stallworth

Cheeks Hood Minore Tobocman

Clack Hopgood Murphy Vagnozzi

Condino Hunter O'Neil Ward

Daniels Jamnick Phillips Waters

Dennis Kolb Plakas Whitmer

Elkins LaSata Reeves Williams

Farrah Law Rivet Woodward

Nays--61

Accavitti Hager Moolenaar Sheen

Acciavatti Hart Mortimer Shulman

Amos Hoogendyk Newell Stahl

Bieda Howell Nitz Stakoe

Bisbee Huizenga Nofs Steil

Bradstreet Hummel Palmer Stewart

Casperson Hune Palsrok Tabor

Caswell Johnson, Rick Pappageorge Taub

DeRoche Johnson, Ruth Pastor Van Regenmorter

DeRossett Julian Pumford Vander Veen

Drolet Koetje Richardville Voorhees

Ehardt Kooiman Robertson Walker

Emmons LaJoy Rocca Wenke

Farhat Meyer Shackleton Wojno

Garfield Milosch Shaffer Woronchak

Gieleghem

In The Chair: Julian

Reps. Whitmer and Pumford moved to amend the bill as follows:

1. Amend page 30, following line 16, by inserting:

"Grants and other activity related to determinations under MCL 211.154 . $ 7,000,000"

and adjusting the subtotals, totals, and section 201 accordingly.

2. Amend page 83, line 15, by striking all of Section 925 and inserting:

"Sec. 925. Amounts appropriated in part 1 for grants and other activity related to determinations under MCL 211.154 shall be used by the department for activities related to the discovery and determination of omitted or incorrectly reported personal property by the department or its agents, or through grants to cities, counties, and townships as determined by the state treasurer.".

The motion did not prevail and the amendments were not adopted, a majority of the members serving not voting therefor.

Rep. Shulman 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. 5517, 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. 231 Yeas--62

Acciavatti Hart Moolenaar Sheen

Amos Hoogendyk Mortimer Shulman

Bisbee Howell Newell Stahl

Bradstreet Huizenga Nitz Stakoe

Casperson Hummel Nofs Steil

Caswell Hune Palmer Stewart

Caul Johnson, Rick Palsrok Tabor

DeRoche Johnson, Ruth Pappageorge Taub

DeRossett Julian Pastor Van Regenmorter

Drolet Koetje Pumford Vander Veen

Ehardt Kooiman Richardville Voorhees

Emmons LaJoy Robertson Walker

Farhat LaSata Rocca Ward

Gaffney Meyer Shackleton Wenke

Garfield Middaugh Shaffer Woronchak

Hager Milosch

Nays--43

Accavitti Elkins Law Smith

Adamini Farrah Lipsey Spade

Anderson Gieleghem McConico Stallworth

Bieda Gillard Meisner Tobocman

Brown Gleason Minore Vagnozzi

Byrum Hardman Murphy Waters

Cheeks Hood O'Neil Whitmer

Clack Hopgood Phillips Williams

Condino Hunter Plakas Wojno

Daniels Jamnick Reeves Woodward

Dennis Kolb Sak

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 make, supplement, and adjust appropriations for the departments of attorney general, civil rights, civil service, information technology, management and budget, state, and treasury, the executive office, and the legislative branch for the fiscal year ending September 30, 2005; to provide for the expenditure of these appropriations; to provide for the funding of certain work projects; to provide for the imposition of certain fees; to establish or continue certain funds, programs, and categories; to transfer certain funds; to prescribe certain requirements for bidding on state contracts; to provide for disposition of year-end balances; to prescribe the powers and duties of certain principal executive departments and state agencies, officials, and employees; and to provide for the disposition of fees and other income received by the various principal executive departments and state agencies.

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. Vagnozzi, Dennis, Gillard, Brown, Adamini, Waters and Hopgood, having reserved the right to explain their protest against the passage of the bill, made the following statement:

"Mr. Speaker and members of the House:

I voted no on House Bill 5517 for several reasons. First, despite the fact that the state is facing an enormous deficit and almost all state departments are subject to intense scrutiny over their spending, appropriations for the Attorney General were increased significantly, and absolutely no attention was given to potential savings within that budget.

In addition, HB 5517 adds an extra $500,000 for the Department of Treasury to conduct a financial and performance audit of the Detroit Water and Sewerage Department. There is no precedent for the state to step in and audit a local utility system in this manner, and it is irresponsible to spend money from taxpayers across the state to audit a local system that already offers rates among the lowest in the state.

Finally, I oppose the fact that HB 5517 cuts ALL of the $7.0 million for Treasury's personal property tax audit program. Eliminating the personal property tax audit program will do away with $44 million in estimated revenue from the program that is already built in to the School Aid Fund budget for FY 2004. Personal property taxes not only support education funding, they support local government public services such as fire and police protection, libraries, parks and public transportation. Eliminating this audit program suggests that it is acceptable for businesses to continue understating their personal property tax liability, to the detriment of all others who pay their taxes honestly.

For all these reasons, I voted no on House Bill 5517."

Rep. Anderson, having reserved the right to explain his protest against the passage of the bill, made the following statement:

"Mr. Speaker and members of the House:

I voted no on House Bill 5517 due to the fact that the state is facing an enormous deficit and almost all state departments are subject to intense scrutiny over their spending, appropriations for the Attorney General were increased significantly, and absolutely no attention was given to potential savings within that budget.

I also oppose the fact that HB 5517 cuts ALL of the $7.0 million for Treasury's personal property tax audit program. Eliminating the personal property tax audit program will do away with $44 million in estimated revenue from the program that is already built in to the School Aid Fund budget for FY 2004. Personal property taxes not only support education funding, they support local government public services such as fire and police protection, libraries, parks and public transportation. Eliminating this audit program suggests that it is acceptable for businesses to continue understating their personal property tax liability, to the detriment of all others who pay their taxes honestly.

For all these reasons, I voted no on House Bill 5517."

Rep. Accavitti, having reserved the right to explain his protest against the passage of the bill, made the following statement:

"Mr. Speaker and members of the House:

I voted no on House Bill 5517 for two reasons. First, despite the fact that the state is facing an enormous deficit and almost all state departments are subject to intense scrutiny over their spending, appropriations for the Attorney General were increased significantly, and absolutely no attention was given to potential savings within that budget.

Second, I oppose the fact that HB 5517 cuts ALL of the $7.0 million for Treasury's personal property tax audit program. Eliminating the personal property tax audit program will do away with $44 million in estimated revenue from the program that is already built in to the School Aid Fund budget for FY 2004. Personal property taxes not only support education funding, they support local government public services such as fire and police protection, libraries, parks and public transportation. Eliminating this audit program suggests that it is acceptable for businesses to continue understating their personal property tax liability, to the detriment of all others who pay their taxes honestly.

For both these reasons, I voted no on House Bill 5517."

Rep. Tobocman, 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 against this bill because it contains two provisions which are simply unsound fiscal policy.

The first is a complete waste of $500,000 on a Department of Treasury financial and performance audit of the Detroit Water and Sewerage Department. There is no precedent for the state to step in and audit a local utility system in this manner, and it is irresponsible to spend money from taxpayers across the state to audit a local system that already offers rates among the lowest in the state. Pure and simple this represents a waste of taxpayer dollars on a political issue that has been studied, debated, discussed and used to divide our state and Southeastern Michigan. Another half million dollars on this issue will accomplish absolutely nothing. I am ashamed of my colleagues for supporting this.

Finally, I oppose the fact that the bill cuts all of the $7.0 million for Treasury's personal property tax audit program. Eliminating the personal property tax audit program will do away with $44 million in estimated revenue from the program that is already built in to the School Aid Fund budget for FY 2004. Personal property taxes not only support education funding, they support local government public services such as fire and police protection, libraries, parks and public transportation. Eliminating this audit program suggests that it is acceptable for businesses to continue understating their personal property tax liability, to the detriment of all others who pay their taxes honestly.

For all these reasons, I voted no on House Bill 5517."

Rep. Law, having reserved the right to explain her protest against the passage of the bill, made the following statement:

"Mr. Speaker and members of the House:

I voted no on House Bill 5517 (H-1) for several reasons. First, despite the fact that the state is facing an enormous deficit and almost all state departments are subject to intense scrutiny over their spending, appropriations for the Attorney General were increased significantly, and absolutely no attention was given to potential savings within that budget.

For all these reasons, I voted no on House Bill 5517."

The House returned to the consideration of

House Bill No. 5643, entitled

A bill to amend 1975 PA 228, entitled "Single business tax act," by amending section 77 (MCL 208.77), as amended by 1999 PA 115.

(The bill was considered earlier today, see today's Journal p. 623.)

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

Roll Call No. 232 Yeas--63

Acciavatti Hart Moolenaar Sheen

Amos Hoogendyk Mortimer Shulman

Bisbee Howell Newell Stahl

Bradstreet Huizenga Nitz Stakoe

Casperson Hummel Nofs Steil

Caswell Hune Palmer Stewart

Caul Johnson, Rick Palsrok Tabor

DeRoche Johnson, Ruth Pappageorge Taub

DeRossett Julian Pastor Van Regenmorter

Drolet Koetje Pumford Vander Veen

Ehardt Kooiman Richardville Voorhees

Emmons LaJoy Rivet Walker

Farhat LaSata Robertson Ward

Gaffney Meyer Rocca Wenke

Garfield Middaugh Shackleton Woronchak

Hager Milosch Shaffer

Nays--42

Accavitti Elkins Lipsey Smith

Adamini Farrah McConico Spade

Anderson Gieleghem Meisner Stallworth

Bieda Gillard Minore Tobocman

Brown Hardman Murphy Vagnozzi

Byrum Hood O'Neil Waters

Cheeks Hopgood Phillips Whitmer

Clack Hunter Plakas Williams

Condino Jamnick Reeves Wojno

Daniels Kolb Sak Woodward

Dennis Law

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. Nitz moved that Rep. LaJoy be excused for the balance of today's session.

The motion prevailed.

By unanimous consent the House returned to the order of

Messages from the Senate

House Bill No. 5200, entitled

A bill to designate October 28, 2003 as Willie Horton day in the state of Michigan.

The Senate has substituted (S-2) the bill.

The Senate has passed the bill as substituted (S-2), ordered that it be given immediate effect and amended the title to read as follows:

A bill to designate October 18 of each year as Willie Horton Day in the state of Michigan.

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

Rep. Richardville moved that Rule 45 be suspended.

The motion prevailed, 3/5 of the members present voting therefor.

The question being on concurring in the substitute (S-2) made to the bill by the Senate,

The substitute (S-2) was concurred in, a majority of the members serving voting therefor, by yeas and nays, as follows:

Roll Call No. 233 Yeas--105

Accavitti Garfield Meisner Shaffer

Acciavatti Gieleghem Meyer Sheen

Adamini Gillard Middaugh Shulman

Amos Gleason Milosch Smith

Anderson Hager Minore Spade

Bieda Hardman Moolenaar Stahl

Bisbee Hart Mortimer Stakoe

Bradstreet Hood Murphy Stallworth

Brown Hoogendyk Newell Steil

Byrum Hopgood Nitz Stewart

Casperson Howell Nofs Tabor

Caswell Huizenga O'Neil Taub

Caul Hummel Palmer Tobocman

Cheeks Hune Palsrok Vagnozzi

Clack Hunter Pappageorge Van Regenmorter

Condino Jamnick Pastor Vander Veen

Daniels Johnson, Rick Phillips Voorhees

Dennis Johnson, Ruth Plakas Walker

DeRoche Julian Pumford Ward

DeRossett Koetje Reeves Waters

Drolet Kolb Richardville Wenke

Ehardt Kooiman Rivet Whitmer

Elkins LaSata Robertson Williams

Emmons Law Rocca Wojno

Farhat Lipsey Sak Woodward

Farrah McConico Shackleton Woronchak

Gaffney

Nays--0

In The Chair: Julian

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

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.

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.

Rep. Richardville moved that Rule 45 be suspended.

The motion prevailed, 3/5 of the members present voting therefor.

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. 234 Yeas--104

Accavitti Garfield Meisner Shaffer

Acciavatti Gieleghem Meyer Sheen

Adamini Gillard Middaugh Shulman

Amos Gleason Milosch Smith

Anderson Hager Minore Spade

Bieda Hardman Moolenaar Stahl

Bisbee Hart Mortimer Stakoe

Bradstreet Hood Murphy Stallworth

Brown Hoogendyk Newell Steil

Byrum Hopgood Nitz Stewart

Casperson Howell Nofs Tabor

Caswell Huizenga O'Neil Taub

Caul Hummel Palmer Tobocman

Cheeks Hune Palsrok Vagnozzi

Clack Hunter Pappageorge Van Regenmorter

Condino Jamnick Pastor Vander Veen

Daniels Johnson, Rick Phillips Voorhees

Dennis Johnson, Ruth Plakas Walker

DeRoche Julian Pumford Ward

DeRossett Koetje Reeves Waters

Drolet Kolb Richardville Wenke

Elkins Kooiman Rivet Whitmer

Emmons LaSata Robertson Williams

Farhat Law Rocca Wojno

Farrah Lipsey Sak Woodward

Gaffney McConico Shackleton Woronchak

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.

House Bill No. 5641, entitled

A bill to amend 1851 PA 156, entitled "An act to define the powers and duties of the county boards of commissioners of the several counties, and to confer upon them certain local, administrative and legislative powers; and to prescribe penalties for the violation of the provisions of this act," by amending section 17 (MCL 46.17); and to repeal acts and parts of acts.

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

The Senate has passed the bill as substituted (S-1) and ordered that it be given immediate effect.

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

Rep. Richardville moved that Rule 45 be suspended.

The motion prevailed, 3/5 of the members present voting therefor.

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. 235 Yeas--105

Accavitti Garfield Meisner Shaffer

Acciavatti Gieleghem Meyer Sheen

Adamini Gillard Middaugh Shulman

Amos Gleason Milosch Smith

Anderson Hager Minore Spade

Bieda Hardman Moolenaar Stahl

Bisbee Hart Mortimer Stakoe

Bradstreet Hood Murphy Stallworth

Brown Hoogendyk Newell Steil

Byrum Hopgood Nitz Stewart

Casperson Howell Nofs Tabor

Caswell Huizenga O'Neil Taub

Caul Hummel Palmer Tobocman

Cheeks Hune Palsrok Vagnozzi

Clack Hunter Pappageorge Van Regenmorter

Condino Jamnick Pastor Vander Veen

Daniels Johnson, Rick Phillips Voorhees

Dennis Johnson, Ruth Plakas Walker

DeRoche Julian Pumford Ward

DeRossett Koetje Reeves Waters

Drolet Kolb Richardville Wenke

Ehardt Kooiman Rivet Whitmer

Elkins LaSata Robertson Williams

Emmons Law Rocca Wojno

Farhat Lipsey Sak Woodward

Farrah McConico Shackleton Woronchak

Gaffney

Nays--0

In The Chair: Julian

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

House Bill No. 5087, entitled

A bill to amend 1976 PA 451, entitled "The revised school code," by amending section 1179 (MCL 380.1179), as added by 2000 PA 10.

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.

Rep. Richardville moved that Rule 45 be suspended.

The motion prevailed, 3/5 of the members present voting therefor.

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. 236 Yeas--105

Accavitti Garfield Meisner Shaffer

Acciavatti Gieleghem Meyer Sheen

Adamini Gillard Middaugh Shulman

Amos Gleason Milosch Smith

Anderson Hager Minore Spade

Bieda Hardman Moolenaar Stahl

Bisbee Hart Mortimer Stakoe

Bradstreet Hood Murphy Stallworth

Brown Hoogendyk Newell Steil

Byrum Hopgood Nitz Stewart

Casperson Howell Nofs Tabor

Caswell Huizenga O'Neil Taub

Caul Hummel Palmer Tobocman

Cheeks Hune Palsrok Vagnozzi

Clack Hunter Pappageorge Van Regenmorter

Condino Jamnick Pastor Vander Veen

Daniels Johnson, Rick Phillips Voorhees

Dennis Johnson, Ruth Plakas Walker

DeRoche Julian Pumford Ward

DeRossett Koetje Reeves Waters

Drolet Kolb Richardville Wenke

Ehardt Kooiman Rivet Whitmer

Elkins LaSata Robertson Williams

Emmons Law Rocca Wojno

Farhat Lipsey Sak Woodward

Farrah McConico Shackleton Woronchak

Gaffney

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.

Senate Bill No. 637, entitled

A bill to amend 1998 PA 58, entitled "An act to create a commission for the control of the alcoholic beverage traffic within this state, and to prescribe its powers, duties, and limitations; to provide for powers and duties for certain state departments and agencies; to impose certain taxes for certain purposes; to provide for the control of the alcoholic liquor traffic within this state and to provide for the power to establish state liquor stores; to provide for the care and treatment of alcoholics; to provide for the incorporation of farmer cooperative wineries and the granting of certain rights and privileges to those cooperatives; to provide for the licensing and taxation of activities regulated under this act and the disposition of the money received under this act; to prescribe liability for retail licensees under certain circumstances and to require security for that liability; to provide procedures, defenses, and remedies regarding violations of this act; to provide for the enforcement and to prescribe penalties for violations of this act; to provide for allocation of certain funds for certain purposes; to provide for the confiscation and disposition of property seized under this act; to provide referenda under certain circumstances; and to repeal acts and parts of acts," by amending section 703 (MCL 436.1703), as amended by 1999 PA 53.

The Senate has amended the House substitute (H-2) as follows:

1. Amend page 4, line 3, after "and" by striking out the balance of the sentence and inserting "the costs of probation as prescribed in section 3 of chapter XI of the code of criminal procedure, 1927 PA 175, MCL 771.3.".

The Senate has concurred in the House substitute (H-2) as amended, ordered that the bill be given immediate effect and agreed to the full title.

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

Rep. Richardville moved that Rule 45 be suspended.

The motion prevailed, 3/5 of the members present voting therefor.

The question being on concurring in the amendment to the House substitute (H-2) made to the bill by the Senate,

The amendment was concurred in, a majority of the members serving voting therefor, by yeas and nays, as follows:

Roll Call No. 237 Yeas--78

Accavitti Garfield Moolenaar Shaffer

Acciavatti Gleason Mortimer Sheen

Adamini Hager Murphy Shulman

Amos Hart Newell Spade

Anderson Hoogendyk Nitz Stahl

Bieda Hopgood Nofs Stakoe

Bisbee Howell O'Neil Steil

Bradstreet Huizenga Palmer Stewart

Brown Hummel Palsrok Tabor

Byrum Johnson, Rick Pappageorge Taub

Casperson Johnson, Ruth Pastor Vagnozzi

Caswell Julian Plakas Van Regenmorter

Caul Koetje Pumford Vander Veen

Condino Kooiman Richardville Voorhees

DeRossett LaSata Rivet Walker

Drolet Law Robertson Ward

Ehardt Meisner Rocca Wenke

Emmons Meyer Sak Wojno

Farhat Middaugh Shackleton Woronchak

Gaffney Milosch

Nays--26

Cheeks Gieleghem Lipsey Stallworth

Clack Gillard McConico Tobocman

Daniels Hardman Minore Waters

Dennis Hune Phillips Whitmer

DeRoche Hunter Reeves Williams

Elkins Jamnick Smith Woodward

Farrah Kolb

In The Chair: Julian

______

Reps. Dennis and Waters, having reserved the right to explain their nay vote, made the following statement:

"Mr. Speaker and members of the House:

I voted 'no' on Senate Bill 637 because I question whether imposing jail sentences for minors is the appropriate response to the problems of minors accessing alcohol and alcohol abuse. I also note the potential fiscal impact that this bill, if enacted, would have on some local units of government that already experience overcrowded jails and related financial strains."

Senate Concurrent Resolution No. 42.

A concurrent resolution prescribing the legislative schedule.

Resolved by the Senate (the House of Representatives concurring), That when the Legislature adjourns on Thursday, April 1, 2004, it stands adjourned until Tuesday, April 20, 2004, at 10:00 a.m. for the Senate and 1:00 p.m. for the House of Representatives.

The Senate has adopted the concurrent resolution.

Pending the reference of the concurrent resolution to a committee,

Rep. Richardville moved that Rule 77 be suspended and the concurrent resolution be considered at this time.

The motion prevailed, 3/5 of the members present voting therefor.

The question being on the adoption of the concurrent resolution,

The concurrent resolution was adopted.

By unanimous consent the House returned to the order of

Reports of Select Committees

The Speaker laid before the House the second conference report relative to

Senate Bill No. 252, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending sections 3111 and 3113 (MCL 324.3111 and 324.3113) and by adding sections 3120 and 3121.

(The second conference report was received from the Senate on March 30, consideration of which, under the rules, was postponed until March 31.)

(For second conference report, see House Journal No. 28, p. 578.)

The question being on the adoption of the second conference report,

The second conference report was adopted, a majority of the members serving voting therefor, by yeas and nays, as follows:

Roll Call No. 238 Yeas--74

Accavitti Gieleghem McConico Sak

Acciavatti Gillard Meisner Shulman

Adamini Gleason Meyer Spade

Amos Hager Minore Stallworth

Anderson Hardman Moolenaar Steil

Bieda Hart Mortimer Stewart

Brown Hood Murphy Tabor

Byrum Hopgood O'Neil Tobocman

Casperson Howell Palmer Vagnozzi

Cheeks Hunter Palsrok Van Regenmorter

Clack Jamnick Pappageorge Walker

Condino Johnson, Rick Phillips Ward

Daniels Julian Plakas Waters

Dennis Koetje Pumford Whitmer

Ehardt Kolb Reeves Williams

Elkins Kooiman Richardville Wojno

Farhat LaSata Rivet Woodward

Farrah Law Rocca Woronchak

Gaffney Lipsey

Nays--31

Bisbee Garfield Newell Smith

Bradstreet Hoogendyk Nitz Stahl

Caswell Huizenga Nofs Stakoe

Caul Hummel Pastor Taub

DeRoche Hune Robertson Vander Veen

DeRossett Johnson, Ruth Shackleton Voorhees

Drolet Middaugh Shaffer Wenke

Emmons Milosch Sheen

In The Chair: Julian

The Speaker laid before the House the conference report relative to

Senate Bill No. 560, 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 sections 3122, 3123, and 3124.

(The conference report was received from the Senate on March 31, consideration of which, under the rules, was postponed until today.)

(For conference report, see House Journal No. 29, p. 603.)

The question being on the adoption of the conference report,

The conference report was adopted, a majority of the members serving voting therefor, by yeas and nays, as follows:

Roll Call No. 239 Yeas--56

Accavitti Gleason Law Shulman

Adamini Hardman Lipsey Smith

Anderson Hart McConico Stallworth

Bieda Hood Meisner Stewart

Brown Hopgood Minore Tabor

Byrum Howell Moolenaar Tobocman

Cheeks Hune Murphy Walker

Clack Hunter O'Neil Ward

Condino Jamnick Phillips Waters

Daniels Johnson, Rick Plakas Whitmer

Dennis Julian Reeves Williams

Farrah Koetje Richardville Wojno

Gaffney Kolb Rivet Woodward

Gieleghem Kooiman Sak Woronchak

Nays--49

Acciavatti Farhat Mortimer Shaffer

Amos Garfield Newell Sheen

Bisbee Gillard Nitz Spade

Bradstreet Hager Nofs Stahl

Casperson Hoogendyk Palmer Stakoe

Caswell Huizenga Palsrok Steil

Caul Hummel Pappageorge Taub

DeRoche Johnson, Ruth Pastor Vagnozzi

DeRossett LaSata Pumford Van Regenmorter

Drolet Meyer Robertson Vander Veen

Ehardt Middaugh Rocca Voorhees

Elkins Milosch Shackleton Wenke

Emmons

In The Chair: Julian

Messages from the Senate

The Speaker laid before the House

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 received from the Senate on March 31, 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. 29, p. 609.)

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. 240 Yeas--105

Accavitti Garfield Meisner Shaffer

Acciavatti Gieleghem Meyer Sheen

Adamini Gillard Middaugh Shulman

Amos Gleason Milosch Smith

Anderson Hager Minore Spade

Bieda Hardman Moolenaar Stahl

Bisbee Hart Mortimer Stakoe

Bradstreet Hood Murphy Stallworth

Brown Hoogendyk Newell Steil

Byrum Hopgood Nitz Stewart

Casperson Howell Nofs Tabor

Caswell Huizenga O'Neil Taub

Caul Hummel Palmer Tobocman

Cheeks Hune Palsrok Vagnozzi

Clack Hunter Pappageorge Van Regenmorter

Condino Jamnick Pastor Vander Veen

Daniels Johnson, Rick Phillips Voorhees

Dennis Johnson, Ruth Plakas Walker

DeRoche Julian Pumford Ward

DeRossett Koetje Reeves Waters

Drolet Kolb Richardville Wenke

Ehardt Kooiman Rivet Whitmer

Elkins LaSata Robertson Williams

Emmons Law Rocca Wojno

Farhat Lipsey Sak Woodward

Farrah McConico Shackleton Woronchak

Gaffney

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.

______

Rep. Ehardt moved that Rep. Mortimer be excused temporarily from today's session.

The motion prevailed.

House Bill No. 4472, entitled

A bill to amend 1893 PA 206, entitled "The general property tax act," by amending section 9f (MCL 211.9f), as amended by 2000 PA 415.

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

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

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

Rep. Richardville moved that Rule 45 be suspended.

The motion prevailed, 3/5 of the members present voting therefor.

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. 241 Yeas--103

Accavitti Garfield Meisner Sheen

Acciavatti Gieleghem Meyer Shulman

Adamini Gillard Middaugh Smith

Amos Gleason Milosch Spade

Anderson Hager Minore Stahl

Bieda Hardman Moolenaar Stakoe

Bisbee Hart Murphy Stallworth

Bradstreet Hood Newell Steil

Brown Hoogendyk Nitz Stewart

Byrum Hopgood Nofs Tabor

Casperson Howell O'Neil Taub

Caswell Huizenga Palmer Tobocman

Caul Hummel Palsrok Vagnozzi

Cheeks Hune Pappageorge Van Regenmorter

Clack Hunter Pastor Vander Veen

Condino Jamnick Phillips Voorhees

Daniels Johnson, Rick Plakas Walker

Dennis Johnson, Ruth Pumford Ward

DeRoche Julian Reeves Waters

DeRossett Koetje Richardville Wenke

Ehardt Kolb Rivet Whitmer

Elkins Kooiman Robertson Williams

Emmons LaSata Rocca Wojno

Farhat Law Sak Woodward

Farrah Lipsey Shackleton Woronchak

Gaffney McConico Shaffer

Nays--1

Drolet

In The Chair: Julian

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

Senate Bill No. 824, entitled

A bill to amend 1995 PA 24, entitled "An act to promote economic growth and job creation within this state; to create and regulate the Michigan economic growth authority; to prescribe the powers and duties of the authority and of state and local officials; to assess and collect a fee; to approve certain plans and the use of certain funds; and to provide qualifications for and determine eligibility for tax credits and other incentives for authorized businesses and for qualified taxpayers," by amending sections 3 and 8 (MCL 207.803 and 207.808), as amended by 2003 PA 248.

The Senate has substituted (S-10) the House substitute (H-5).

The Senate has concurred in the House substitute (H-5) as substituted (S-10), ordered that the bill be given immediate effect and agreed to the title as amended.

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

Rep. Richardville moved that Rule 45 be suspended.

The motion prevailed, 3/5 of the members present voting therefor.

The question being on concurring in the substitute (S-10) to the House substitute (H-5) made to the bill by the Senate,

The substitute (S-10) was concurred in, a majority of the members serving voting therefor, by yeas and nays, as follows:

Roll Call No. 242 Yeas--105

Accavitti Garfield Meisner Shaffer

Acciavatti Gieleghem Meyer Sheen

Adamini Gillard Middaugh Shulman

Amos Gleason Milosch Smith

Anderson Hager Minore Spade

Bieda Hardman Moolenaar Stahl

Bisbee Hart Mortimer Stakoe

Bradstreet Hood Murphy Stallworth

Brown Hoogendyk Newell Steil

Byrum Hopgood Nitz Stewart

Casperson Howell Nofs Tabor

Caswell Huizenga O'Neil Taub

Caul Hummel Palmer Tobocman

Cheeks Hune Palsrok Vagnozzi

Clack Hunter Pappageorge Van Regenmorter

Condino Jamnick Pastor Vander Veen

Daniels Johnson, Rick Phillips Voorhees

Dennis Johnson, Ruth Plakas Walker

DeRoche Julian Pumford Ward

DeRossett Koetje Reeves Waters

Drolet Kolb Richardville Wenke

Ehardt Kooiman Rivet Whitmer

Elkins LaSata Robertson Williams

Emmons Law Rocca Wojno

Farhat Lipsey Sak Woodward

Farrah McConico Shackleton Woronchak

Gaffney

Nays--0

In The Chair: Julian

Third Reading of Bills

Pending the Third Reading of

Senate Bill No. 744, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending section 2505 (MCL 324.2505), as added by 1995 PA 60, and by adding section 2505a.

Rep. Richardville moved that the bill be re-referred to the Committee on Land Use and Environment.

The motion prevailed.

By unanimous consent the House returned to the order of

Messages from the Senate

The Speaker laid before the House

House Bill No. 4160, entitled

A bill to amend 1964 PA 154, entitled "Minimum wage law of 1964," by amending the title and section 3 (MCL 408.383).

(The bill was received from the Senate on March 30, with substitute (S-2), full title inserted and immediate effect given by the Senate, consideration of which, under the rules, was postponed until March 31, see House Journal No. 28, p. 557.)

The question being on concurring in the substitute (S-2) made to the bill by the Senate,

The substitute (S-2) was concurred in, a majority of the members serving voting therefor, by yeas and nays, as follows:

Roll Call No. 243 Yeas--58

Acciavatti Hager Milosch Shaffer

Amos Hart Moolenaar Sheen

Bisbee Hoogendyk Mortimer Stahl

Bradstreet Howell Newell Stakoe

Casperson Huizenga Nitz Steil

Caswell Hummel Nofs Stewart

Caul Hune Palmer Tabor

DeRoche Johnson, Rick Palsrok Taub

DeRossett Johnson, Ruth Pappageorge Van Regenmorter

Drolet Julian Pastor Vander Veen

Ehardt Koetje Richardville Voorhees

Emmons Kooiman Robertson Walker

Farhat LaSata Rocca Ward

Gaffney Meyer Shackleton Wenke

Garfield Middaugh

Nays--47

Accavitti Farrah McConico Smith

Adamini Gieleghem Meisner Spade

Anderson Gillard Minore Stallworth

Bieda Gleason Murphy Tobocman

Brown Hardman O'Neil Vagnozzi

Byrum Hood Phillips Waters

Cheeks Hopgood Plakas Whitmer

Clack Hunter Pumford Williams

Condino Jamnick Reeves Wojno

Daniels Kolb Rivet Woodward

Dennis Law Sak Woronchak

Elkins Lipsey Shulman

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.

By unanimous consent the House returned to the order of

Motions and Resolutions

Reps. Shulman, Accavitti, Adamini, Anderson, Bieda, Brandenburg, Brown, Casperson, Caswell, Daniels, DeRoche, DeRossett, Elkins, Emmons, Farhat, Farrah, Garfield, Gieleghem, Gillard, Gleason, Hager, Huizenga, Jamnick, Koetje, Kolb, Kooiman, Lipsey, Meisner, Meyer, Middaugh, Milosch, Minore, Phillips, Plakas, Richardville, Rivet, Robertson, Rocca, Sak, Shaffer, Spade, Stahl, Stallworth, Tabor, Taub, Tobocman, Vander Veen, Woronchak, Byrum, Dennis, Pappageorge and Voorhees offered the following resolution:

House Resolution No. 230.

A resolution recognizing April 24, 2004, as "Michigan's Day of Remembrance of the Armenian Genocide of 1915-1923."

Whereas, One and one-half million men, women, and children of Armenian descent were victims of the brutal genocide perpetrated by the Turkish Ottoman Empire from 1915-1923, and

Whereas, The Armenian Genocide and massacres of the Armenian people represented a deliberate attempt to eliminate all traces of a thriving noble civilization over 3,000 years old; and

Whereas, The Armenian people have not received reparations for their losses; and

Whereas, To this day revisionists still inexplicably deny the existence of these horrific events; and

Whereas, Modern Turkey continues to deny and distort the facts of the Armenian Genocide and honors the perpetrators of that crime against humanity as national heroes; and

Whereas, Prior to the invasion of Poland in 1939, Adolf Hitler, the German Nazi dictator, seeking to dispel fears among his military command regarding the world's response to his genocidal plans, asked "Who, after all, today speaks of the Armenians?" ; and

Whereas, Residents of Michigan are highly sensitive to the need for consistently remembering and openly condemning the crimes committed against any culture of people to prevent similar atrocities in the future; and

Whereas, Recognition of the 89^th anniversary of this genocide is crucial to ensuring against the repetition of future genocides and educating people about the atrocities connected to this horrific event; and

Whereas, Armenia is now a free and independent republic, having embraced democracy following nearly 70 years of oppressive Soviet domination; and

Whereas, Armenian-Americans living in Michigan have greatly enriched our state through their leadership in business, agriculture, academia, government, and the arts; and

Whereas, We join Armenian-Americans and the Armenian community abroad to mourn the loss of so many innocent lives so that the lessons learned contribute to the development of international intervention principles and human rights awareness; now, therefore, be it

Resolved by the House of Representatives, That the members of this legislative body recognize April 24, 2004, as "Michigan Day of Remembrance of the Armenian Genocide of 1915-1923"; and be it further

Resolved, That the Governor in her message commemorating the Armenian Genocide commend this observation to all Michigan residents; and be it further

Resolved, That we encourage Michigan public schools to develop programs similar to those already established in California, Connecticut, Massachusetts, New Jersey, and New York, that focus on human rights, with specific attention given to the Armenian Genocide; and be it further

Resolved, That copies of this resolution be forwarded to the Department of Legislative Services, the Honorable Governor, Jennifer Granholm, the Honorable Lieutenant Governor, John Cherry, the Honorable Senate Majority Leader, Ken Sikkema, and the Honorable Speaker of the House of Representatives, Rick Johnson.

Pending the reference of the resolution to a committee,

Rep. Richardville moved that Rule 77 be suspended and the resolution be considered at this time.

The motion prevailed, 3/5 of the members present voting therefor.

The question being on the adoption of the resolution,

The resolution was adopted.

Reps. Sak, Accavitti, Adamini, Anderson, Bieda, Brandenburg, Brown, Casperson, Caswell, Caul, Clack, Daniels, DeRoche, DeRossett, Elkins, Emmons, Farhat, Farrah, Garfield, Gieleghem, Gillard, Gleason, Hager, Jamnick, Kolb, Kooiman, Lipsey, McConico, Meisner, Middaugh, Milosch, Minore, Phillips, Plakas, Richardville, Rivet, Rocca, Shaffer, Shulman, Spade, Stahl, Stallworth, Tabor, Taub, Tobocman, Vander Veen, Woronchak, Byrum, Dennis, Pappageorge and Voorhees offered the following resolution:

House Resolution No. 231.

A resolution recognizing April 2004 as Child Abuse Prevention Month in the state of Michigan.

Whereas, Child abuse and neglect is a serious and growing problem affecting millions of our nation's children; and

Whereas, Child maltreatment is associated with problems throughout adolescence and into adulthood, including increased risk of teen pregnancy, drug use, lower educational attainment, and the perpetuation of abusive behavior; and

Whereas, In Michigan, approximately 167,300 children lived in a family where an investigation of child abuse and neglect occurred in the fiscal year 2002, which is 65 out of every 1,000 children in the state of Michigan; and

Whereas, Physical neglect is by far the largest category to affect children, affecting almost two out of every five victims, followed by physical abuse involving one out of every five child victims; and

Whereas, The next largest categories, which are improper supervision and failure to protect, encompassed over a quarter of all child victims when combined. The Shaken Baby Syndrome (SBS) describes injuries that occur to young infants who sustain injuries to their brains and other systems after being violently shaken; and

Whereas, Over 1,000 infants are affected nationally each year. There have been 50 to 100 shaken babies cases annually in the state of Michigan. Over the past five years, five to ten infants per year have been hospitalized with concerns of Shaken Baby Syndrome or abusive head trauma with brain injury; and

Whereas, Child sexual abuse is a crime of epidemic proportion that touches and changes countless children's lives each year throughout the United States and Michigan; and

Whereas, It is estimated that one in three children will experience sexual abuse/assault before their 18^th birthday. An estimated 89,000 cases of child sexual abuse were substantiated in the year of 2000 and most experts believe this grossly under represents the actual number of victims; and

Whereas, Such abuse has devastating and long-term results. Victims of sexual abuse often experience traumatic reactions including anxiety, fear, difficulty sleeping, nightmares, school-related problems, and psychosomatic symptoms such as headaches and stomachaches. Victims of sexual abuse are also at a higher risk of using tobacco and alcohol, teen pregnancy, obesity, and developing high blood pressure and diabetes; and

Whereas, Community collaboration is necessary in order to provide services to families at risk of child abuse and neglect and to ensure a safe and secure future for the children of our community; now, therefore, be it

Resolved by the House of Representatives, That the members of this legislative body recognize April 2004 as Child Abuse Prevention Month in the state of Michigan; and be it further

Resolved, That we urge the people of Michigan to support the ongoing fight in helping families break free from the cycle of child abuse and neglect.

Pending the reference of the resolution to a committee,

Rep. Richardville moved that Rule 77 be suspended and the resolution be considered at this time.

The motion prevailed, 3/5 of the members present voting therefor.

The question being on the adoption of the resolution,

The resolution was adopted.

Reports of Standing Committees

The Committee on Transportation, by Rep. DeRossett, Chair, reported

House Bill No. 5274, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending section 30312 (MCL 324.30312), as amended by 2003 PA 14.

With the recommendation that the bill be referred to the Committee on Land Use and Environment.

Favorable Roll Call

To Report Out:

Yeas: Reps. DeRossett, Casperson, Gaffney, Hune, LaJoy, Robertson, Anderson, Jamnick, Gleason, Tobocman, Adamini and Murphy

Nays: None

The recommendation was concurred in and the bill was referred to the Committee on Land Use and Environment.

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Thursday, April 1, 2004

Present: Reps. DeRossett, Casperson, Gaffney, Hune, LaJoy, Robertson, Anderson, Jamnick, Gleason, Tobocman, Adamini and Murphy

Absent: Reps. Hummel, DeRoche, Huizenga, Ward and Elkins

Excused: Reps. Hummel, DeRoche, Huizenga, Ward and Elkins

COMMITTEE ATTENDANCE REPORT

The following report, submitted by Rep. Drolet, Chair, of the Committee on Employment Relations, Training and Safety, was received and read:

Meeting held on: Wednesday, March 31, 2004

Present: Reps. Drolet, Middaugh, Pappageorge, Huizenga, LaJoy, Van Regenmorter, Minore, Dennis and Bieda

Announcement by the Clerk of Printing and Enrollment

The Clerk announced that the following Senate bill had been received on Wednesday, March 31:

Senate Bill No. 977

The Clerk announced the enrollment printing and presentation to the Governor on Thursday, April 1, for her approval of the following bills:

Enrolled House Bill No. 4179 at 1:13 p.m.

Enrolled House Bill No. 4702 at 1:15 p.m.

Enrolled House Bill No. 5104 at 1:17 p.m.

Enrolled House Bill No. 5184 at 1:19 p.m.

Enrolled House Bill No. 5344 at 1:21 p.m.

The Clerk announced that the following bills had been printed and placed upon the files of the members on Thursday, April 1:

House Bill Nos. 5727 5728 5729 5730 5731 5732 5733 5734 5735 5736

The Clerk announced that the following Senate bill had been received on Thursday, April 1:

Senate Bill No. 1100

By unanimous consent the House returned to the order of

Messages from the Senate

House Bill No. 5120, entitled

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 Senate has concurred in the House substitute (H-3) to the Senate substitute (S-3).

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

House Bill No. 5365, entitled

A bill to repeal 1905 LA 653, entitled "An act to provide the manner of voting by the members of the board of supervisors of Saginaw county.".

The Senate has passed the bill and ordered that it be given immediate effect.

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

Senate Bill No. 977, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending sections 3101 and 3115 (MCL 324.3101 and 324.3115), section 3101 as amended by 2001 PA 114, and by adding section 3111b.

The Senate has passed the bill.

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

Senate Bill No. 1100, entitled

A bill to amend 1979 PA 94, entitled "The state school aid act of 1979," by amending section 101 (MCL 388.1701), as amended by 2003 PA 158.

The Senate has passed the bill.

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

Second Reading of Bills

House Bill No. 4234, entitled

A bill to amend 1893 PA 206, entitled "The general property tax act," (MCL 211.1 to 211.157) by adding section 9j.

Was read a second time, and the question being on the adoption of the proposed substitute (H-1) previously recommended by the Committee on Tax Policy,

The substitute (H-1) was adopted, a majority of the members serving voting therefor.

Rep. Wenke moved to substitute (H-4) the bill.

The motion prevailed and the substitute (H-4) was adopted, a majority of the members serving voting therefor.

Rep. Ward moved to amend the bill as follows:

1. Amend page 1, line 1, after "Sec. 9j." by striking out the balance of the bill and inserting:

"(1) For taxes levied after December 31, 2004, if the aggregate state equalized valuation of the personal property identified in the statement required under section 19 that is submitted by a business concern incorporated or doing business in this state is less than $7,500.00, the personal property identified in the statement is exempt from the collection of taxes under this act.

(2) The statement required under section 19 shall be submitted whether or not the aggregate taxable value of the personal property identified in the statement is less than $7,500.00.".

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

Rep. Woronchak moved to amend the bill as follows:

1. Amend page 2, following line 14, by inserting:

"(5) This state shall reimburse each local taxing unit that levies an ad valorem property tax in the local tax collecting unit in which the qualified small business is located for any tax revenue lost as a result of the exemption under this section.

(6) This state shall reimburse the school aid fund established in section 11 of article IX of the state constitution of 1963 for any tax revenue lost as a result of the exemption under this section. Reimbursement under this subsection shall be made from the general fund." and renumbering the remaining subsection.

The question being on the adoption of the amendment offered by Rep. Woronchak,

Rep. Woronchak moved that consideration of the bill be postponed for the day.

The motion prevailed.

Senate Bill No. 653, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending section 20129a (MCL 324.20129a), as amended by 1999 PA 30.

The bill was read a second time.

Rep. Richardville moved that the bill be placed on the order of Third Reading of Bills.

The motion prevailed.

Rep. Richardville moved to reconsider the vote by which the House placed the bill on the order of Third Reading of Bills.

The motion prevailed, a majority of the members present voting therefor.

Rep. Koetje moved to substitute (H-1) the bill.

The motion prevailed and the substitute (H-1) was adopted, a majority of the members serving voting therefor.

Rep. 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. 653, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending section 20129a (MCL 324.20129a), as amended by 1999 PA 30.

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

Roll Call No. 244 Yeas--105

Accavitti Garfield Meisner Shaffer

Acciavatti Gieleghem Meyer Sheen

Adamini Gillard Middaugh Shulman

Amos Gleason Milosch Smith

Anderson Hager Minore Spade

Bieda Hardman Moolenaar Stahl

Bisbee Hart Mortimer Stakoe

Bradstreet Hood Murphy Stallworth

Brown Hoogendyk Newell Steil

Byrum Hopgood Nitz Stewart

Casperson Howell Nofs Tabor

Caswell Huizenga O'Neil Taub

Caul Hummel Palmer Tobocman

Cheeks Hune Palsrok Vagnozzi

Clack Hunter Pappageorge Van Regenmorter

Condino Jamnick Pastor Vander Veen

Daniels Johnson, Rick Phillips Voorhees

Dennis Johnson, Ruth Plakas Walker

DeRoche Julian Pumford Ward

DeRossett Koetje Reeves Waters

Drolet Kolb Richardville Wenke

Ehardt Kooiman Rivet Whitmer

Elkins LaSata Robertson Williams

Emmons Law Rocca Wojno

Farhat Lipsey Sak Woodward

Farrah McConico Shackleton Woronchak

Gaffney

Nays--0

In The Chair: Julian

The question being on agreeing to the title of the bill,

Rep. Richardville moved to amend the title to read as follows:

A bill to amend 1994 PA 451, entitled "An act to protect the environment and natural resources of the state; to codify, revise, consolidate, and classify laws relating to the environment and natural resources of the state; to regulate the discharge of certain substances into the environment; to regulate the use of certain lands, waters, and other natural resources of the state; to prescribe the powers and duties of certain state and local agencies and officials; to provide for certain charges, fees, and assessments; to provide certain appropriations; to prescribe penalties and provide remedies; to repeal certain parts of this act on a specific date; and to repeal certain acts and parts of acts," by amending section 20129a (MCL 324.20129a), as amended by 1999 PA 30, and by adding section 3122a.

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.

______

Rep. Richardville moved to suspend that portion of Rule 44 requiring bills to be handed to the Clerk three hours prior to calling the House to order.

The motion prevailed, 3/5 of the members present voting therefor.

Rep. Richardville moved that when the House adjourns today it stand adjourned until Tuesday, April 20, at 1:00 p.m.

The motion prevailed.

Messages from the Governor

Date: April 1, 2004

Time: 9:03 a.m.

To the Speaker of the House of Representatives:

Sir--I have this day approved and signed

Enrolled House Bill No. 5386 (Public Act No. 45, I.E.), being

An act to authorize the state administrative board to transfer certain parcels of property in Jackson county.

(Filed with the Secretary of State April 1, 2004, at 9:48 a.m.)

Date: April 1, 2004

Time: 9:05 a.m.

To the Speaker of the House of Representatives:

Sir--I have this day approved and signed

Enrolled House Bill No. 4178 (Public Act No. 46, I.E.), being

An act to provide compensation to dependents of public safety officers who are killed or who are permanently and totally disabled in the line of duty; to create the public safety officers benefit fund; to prescribe the duties and responsibilities of certain state officers; and to make an appropriation.

(Filed with the Secretary of State April 1, 2004, at 9:50 a.m.)

Date: April 1, 2004

Time: 9:07 a.m.

To the Speaker of the House of Representatives:

Sir--I have this day approved and signed

Enrolled House Bill No. 4706 (Public Act No. 47, I.E.), being

An act to provide for and to regulate access to and disclosure of medical records; to prescribe powers and duties of certain state agencies and departments; to establish fees; to prescribe administrative sanctions; and to provide remedies.

(Filed with the Secretary of State April 1, 2004, at 9:52 a.m.)

Date: April 1, 2004

Time: 9:09 a.m.

To the Speaker of the House of Representatives:

Sir--I have this day approved and signed

Enrolled House Bill No. 4755 (Public Act No. 48, I.E.), being

An act 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 provide for the levy of taxes against certain health facilities or agencies; 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 16221 and 16226 (MCL 333.16221 and 333.16226), as amended by 2003 PA 234, and by adding section 20170.

(Filed with the Secretary of State April 1, 2004, at 9:54 a.m.)

Date: April 1, 2004

Time: 9:15 a.m.

To the Speaker of the House of Representatives:

Sir--I have this day approved and signed

Enrolled House Bill No. 4707 (Public Act No. 49, I.E.), being

An act 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 section 675d (MCL 257.675d), as amended by 2000 PA 268.

(Filed with the Secretary of State April 1, 2004, at 9:56 a.m.)

Date: April 1, 2004

Time: 9:17 a.m.

To the Speaker of the House of Representatives:

Sir--I have this day approved and signed

Enrolled House Bill No. 5279 (Public Act No. 50, I.E.), being

An act to amend 1986 PA 182, entitled "An act to provide for the Michigan department of state police retirement system; to create certain reserves and certain funds for this retirement system; to provide for the creation of a retirement board within the department of management and budget; to prescribe the powers and duties of the retirement board; to prescribe the powers and duties of the department of state police, the department of management and budget, and certain state officers; and to repeal certain acts and parts of acts," by amending sections 3, 14, 14a, 42, and 43 (MCL 38.1603, 38.1614, 38.1614a, 38.1642, and 38.1643), sections 3 and 14 as amended by 2000 PA 374, section 14a as added by 1995 PA 192, section 42 as amended by 1989 PA 191, and section 43 as amended by 2002 PA 96.

(Filed with the Secretary of State April 1, 2004, at 9:58 a.m.)

Date: April 1, 2004

Time: 9:19 a.m.

To the Speaker of the House of Representatives:

Sir--I have this day approved and signed

Enrolled House Bill No. 5476 (Public Act No. 51, I.E.), being

An act to amend 1976 PA 451, entitled "An act to provide a system of public instruction and elementary and secondary schools; to revise, consolidate, and clarify the laws relating to elementary and secondary education; to provide for the organization, regulation, and maintenance of schools, school districts, public school academies, intermediate school districts, and other public school entities; to prescribe rights, powers, duties, and privileges of schools, school districts, public school academies, intermediate school districts, and other public school entities; to provide for the regulation of school teachers and certain other school employees; to provide for school elections and to prescribe powers and duties with respect thereto; to provide for the levy and collection of taxes; to provide for the borrowing of money and issuance of bonds and other evidences of indebtedness; to establish a fund and provide for expenditures from that fund; to provide for and prescribe the powers and duties of certain state departments, the state board of education, and certain other boards and officials; to provide for licensure of boarding schools; to prescribe penalties; and to repeal acts and parts of acts," by amending sections 1535a and 1539b (MCL 380.1535a and 380.1539b), as amended by 1995 PA 289; and to repeal acts and parts of acts.

(Filed with the Secretary of State April 1, 2004, at 10:00 a.m.)

Date: April 1, 2004

Time: 9:21 a.m.

To the Speaker of the House of Representatives:

Sir--I have this day approved and signed

Enrolled House Bill No. 4308 (Public Act No. 52, I.E.), being

(Filed with the Secretary of State April 1, 2004, at 10:02 a.m.)

The following message from the Governor was received April 1, 2004 and read:

EXECUTIVE ORDER

No. 2004 - 1

MEDICAID LONG-TERM CARE TASK FORCE

DEPARTMENT OF COMMUNITY HEALTH

WHEREAS, Section 1 of Article V of the Michigan Constitution of 1963 vests the executive power of the State of Michigan in the Governor;

WHEREAS, under Section 8 of Article V of the Michigan Constitution of 1963, the Governor is responsible to take care that the laws be faithfully executed;

WHEREAS, Section 1 of 1931 PA 195, MCL 10.51, authorizes and empowers the Governor, at such times and for such purposes as the Governor deems necessary or advisable, to create special advisory bodies consisting of as many members as the Governor deems appropriate;

WHEREAS, Michigan's publicly-supported system of long-term care must focus on the provision of adequate care for consumers in an efficient, effective, and fiscally accountable manner;

WHEREAS, consumers and their families or advocates involved with and most affected by Medicaid long-term care services should be consulted in the decision-making process regarding the provision and funding of long-term care services;

WHEREAS, Michigan's Medicaid long-term care system should seek to achieve timely access to care, foster quality and excellence in service delivery, and promote innovative and cost-effective strategies;

WHEREAS, under an Order and Stipulation for Settlement entered by the United States District Court for the Western District of Michigan in case number 5:02-CV-44, the State of Michigan must create a Medicaid long-term care task force to assist in the development of options for expanding the availability of home-based and community-based long-term care services, and for improving long-term care services;

NOW, THEREFORE, I, Jennifer M. Granholm, Governor of the State of Michigan, by virtue of the authority vested in the Governor under the Michigan Constitution of 1963 and Michigan law, order the following:

I. DEFINITIONS

As used in this Order:

A. "Department of Community Health" means the principal department of state government created as the Department of Mental Health under Section 400 of the Executive Organization Act of 1965, 1965 PA 380, MCL16.500, and renamed the "Department of Community Health" under Executive Order 1996-1, MCL 330.3101.

B. "Task Force" means the Medicaid Long-Term Care Task Force established within the Department of Community Health under this Order.

II. ESTABLISHMENT OF MEDICAID LONG-TERM CARE TASK FORCE

A. The Medicaid Long-Term Care Task Force is created as an advisory body within the Department of Community Health.

B. The Task Force shall consist of twenty-one (21) members appointed by the Governor and shall include representatives of each of the following:

1. Seven (7) persons representing consumers of Medicaid long-term care services or their advocates.

2. Seven (7) persons representing providers of long-term care services.

3.Seven(7) persons representing governmental entities, including at least two (2) members representing state agencies and two (2) members representing legislative entities. A director of a principal department of state government appointed under this paragraph may select a designee from within that department to serve on the Task Force as a designated representative of the director.

C. Members of the Task Force shall serve as members at the pleasure of the Governor.

D. A vacancy on the Task Force shall be filled in the same manner as the original appointment.

III. CHARGE TO THE TASK FORCE

A. The Task Force is advisory in nature and shall:

1. Review existing reports and reviews of the efficiency and effectiveness of the current mechanisms and funding for the provision of Medicaid long-term care services in Michigan and identify consensus recommendations.

2.Examine and report on the current quality of Medicaid long-term care services in Michigan and make recommendations for improvement in the quality of Medicaid long-term care services and home-based and community-based long-term care services provided in Michigan.

3.Analyze and report on the relationship between state and federal Medicaid long-term care funding and its sustainability over the long term.

4. Identify and recommend benchmarks for measuring successes in this state's provision of Medicaid long-term care services and for expanding options for home-based and community-based long-term care services.

5. Identify and make recommendations to reduce barriers to the creation of and access to an efficient and effective system of a continuum of home-based, community-based, and institutional long-term care services in Michigan.

B. The Task Force shall provide other information, recommendations, or advice as directed by the Governor.

C. The Task Force shall complete its work and issue an interim report on its activities, including any preliminary recommendations by October 1, 2004 to:

1. The Governor.

2. The Chairperson and Minority Vice-Chairperson of the Senate Appropriations Subcommittee for the Department of Community Health.

3. The Chairperson and Minority Vice-Chairperson of the House Appropriations Subcommittee on Community Health.

4. The Chairperson and Minority Vice-Chairperson of the Senate Committee on Health Policy.

5. The Chairperson and Minority Vice-Chairperson of the House Committee on Health Policy.

D. The final report and recommendations of the Task Force, including any proposed legislation, shall be presented by April 1, 2005 to:

1. The Governor.

2. The Chairperson and Minority Vice-Chairperson of the Senate Appropriations Subcommittee for the Department of Community Health.

3. The Chairperson and Minority Vice-Chairperson of the House Appropriations Subcommittee on Community Health.

4. The Chairperson and Minority Vice-Chairperson of the Senate Committee on Health Policy.

5. The Chairperson and Minority Vice-Chairperson of the House Committee on Health Policy.

IV. OPERATIONS OF THE TASK FORCE

A. If deemed necessary, the Task Force may promulgate bylaws, not inconsistent with Michigan law and this Order, governing its organization, operation, and procedures. The Task Force may establish committees and subcommittees as it deems advisable.

B. The Governor shall designate one of the members of the Task Force as its Chairperson. The Task Force may select from among its members a Vice-Chairperson and shall select from among its members a Secretary. Task Force staff shall assist the Secretary with record-keeping responsibilities.

C. The Task Force shall meet at the call of the Chairperson and as may be provided in procedures adopted by the Task Force.

D. The Task Force may establish committees and request public participation on advisory panels as it deems necessary. The Task Force may adopt, reject, or modify recommendations made by committees, subcommittees, or advisory panels.

E. The Task Force shall act by majority vote of its serving and voting members. A majority of the members of the Task Force constitutes a quorum for the transaction of business.

F. The Task Force may, as appropriate, make inquiries, studies, investigations, hold hearings, and receive comments from the public. The Task Force may consult with outside experts, consumers, and their families in order to perform its duties.

G. Members of the Task Force shall serve without compensation. Members of the Task Force may receive reimbursement for necessary travel and expenses according to relevant statutes and the rules and procedures of the Department of Management and Budget and the Civil Service Commission, subject to available appropriations.

H. State Departments and agencies shall assist the Task Force as requested and directed by the Governor.

I.On behalf of the Task Force, the Department of Community Health may hire or retain contractors, sub-contractors, advisors, consultants, and agents, and may make and enter into contracts necessary or incidental to the exercise of the powers of the Task Force and the performance of its duties, as the Department of Community Health deems advisable and necessary in accordance with the relevant statutes, rules, and procedures of the Civil Service Commission and the Department of Management and Budget.

J. On behalf of the Task Force the Department of Community Health may accept donations of labor, services, or other things of value from any public or private agency or person.

K. Members of the Task Force shall refer all legal, legislative, and media contacts to the Department of Community Health.

V. MISCELLANEOUS

A. All departments, committees, commissioners, or officers of this state or of any political subdivision of this state shall give to the Task Force, or to any member of representative of the Task Force, any necessary assistance required by the Task Force, or any member or representative of the Task Force, in the performance of the duties of the Task Force so far as is compatible with its, his, or her duties. Free access shall also be given to any books, records, or documents in its, his, or her custody, relating to matters within the scope of inquiry, study, or investigation of the Task Force.

B. The invalidity of any portion of this Order shall not affect the validity of the remainder of the Order.

This Order is effective upon filing.

[SEAL] Given under my hand and the Great Seal of the State of Michigan this 1st day of April in the year of our Lord two thousand and four.

Jennifer M. Granholm

Governor

By the Governor:

Terri L. Land

Secretary of State

The message was referred to the Clerk.

The following message from the Governor was received April 1, 2004 and read:

EXECUTIVE ORDER

No. 2004 - 2

DEPARTMENT OF NATURAL RESOURCES

DEPARTMENT OF TREASURY

COLLECTION OF DELINQUENT TAXES AND

DISPOSITION OF TAX-REVERTED PROPERTY

EXECUTIVE REORGANIZATION

WHEREAS, Section 1 of Article V of the Michigan Constitution of 1963 vests the executive power of the State of Michigan in the Governor;

WHEREAS, Section 2 of Article V of the Michigan Constitution of 1963 empowers the Governor to make changes in the organization of the Executive Branch or in the assignment of functions among its units that the Governor considers necessary for efficient administration;

WHEREAS, there is a continuing need in the State of Michigan to strengthen and revitalize the economy of this state and its municipalities by encouraging the efficient and expeditious return to productive use of property returned for unpaid delinquent real property taxes;

WHEREAS, encouraging and promoting the productive use of tax-reverted property is an essential element in revitalizing Michigan's urban areas;

WHEREAS, Public Act 123 of 1999 ("PA 123") reformed out-dated and inefficient procedures for the collection of unpaid delinquent taxes to facilitate the productive use of tax-reverted property;

WHEREAS, implementation of PA 123 has demonstrated a need for enhanced state coordination of responsibilities for the collection of unpaid delinquent taxes and disposition of tax-reverted property and a need for expanded cooperation with local units of government and non-profit organizations;

WHEREAS, certain responsibilities and functions of the Department of Natural Resources related to the collection of delinquent taxes and the sale of tax-reverted property can be more efficiently performed if consolidated with responsibilities and functions of the Department of Treasury;

WHEREAS, it is necessary in the interests of efficient administration and effectiveness of government to effect changes in the organization of the Executive Branch of state government;

NOW, THEREFORE, I, Jennifer M. Granholm, Governor of the State of Michigan, by virtue of the authority vested in me by the Michigan Constitution of 1963 and Michigan law, order the following:

I. DEFINITIONS

A. As used in this Order:

1. "Department of Information Technology" means the principal department of state government created under Executive Order 2001-3, MCL 18.41.

2. "Department of Natural Resources" means the principal department of state government created under Section 501 of the Natural Resources and Environmental Protection Act, 1965 PA 380, as modified by Executive Order 1995-18, MCL 324.99903.

3. "Department of Treasury" means the principal department of state government created under Section 75 of the Executive Organization Act of 1965, 1965 PA 380, MCL 16.175.

4. "Type II Transfer" means that type of transfer as defined in Section 3(b) of the Executive Organization Act of 1965, 1965 PA 380, MCL 16.103(b).

II. TRANSFER OF RESPONSIBILITIES AND FUNCTIONS RELATED TO COLLECTION
OF DELINQUENT TAXES AND DISPOSITION OF TAX-REVERTED PROPERTY

A. Except as provided in Section II.B, all authority, powers, duties, functions, responsibilities, and rule-making authority of the Department of Natural Resources related to the collection of delinquent taxes and the forfeiture, foreclosure, and disposition of tax-delinquent or tax-reverted property under Sections 78 to 79a of The General Property Tax Act, 1893 PA 206, MCL 211.78 to 211.79a, are transferred by Type II Transfer to the Department of Treasury, or its authorized representative or authorized agent, including but not limited to any authority, powers, duties, functions, responsibilities, or rule-making authority under any of the following:

1. Section 78i of The General Property Tax Act, 1893 PA 206, MCL 211.78i.

2. Section 78m of The General Property Tax Act, 1893 PA 206, MCL 211.78m.

B. The Department of Natural Resources may continue to exercise on behalf of this state the right of first refusal of this state to purchase tax-reverted property at the greater of the minimum bid or its fair market value under Subsection(1) of Section 78m of The General Property Tax Act, 1893 PA 206, MCL 211.78m.

III. IMPLEMENTATION

A. The State Treasurer and the Director of the Michigan Department of Natural Resources shall immediately initiate coordination to facilitate the implementation of the transfers under this Order.

B. The State Treasurer shall provide executive direction and supervision for the implementation of all transfers to the Department of Treasury under this Order. The functions transferred to the Department of Treasury under this Order shall be administered under the direction and supervision of the State Treasurer, including but not limited to, any prescribedfunctions of rule-making, licensing, registration, and the prescription of rules, regulations, standards, and adjudications.

C. All records, personnel, property, and funds used, held, employed, or to be made available to the Department of Natural Resources for the activities transferred to the Department of Treasury under this Order are transferred to the Department of Treasury.

D. The State Treasurer and the Director of the Department of Natural Resources shall develop a memorandum of record identifying any pending settlements, issues of compliance with any applicable state or federal laws or regulations, or other obligations to be resolved by the Department of Natural Resources.

E. The State Treasurer and the Director of the Department of Natural Resources shall identify the program positions, administrative function positions, and personnel that will be transferred to the Department of Treasury in accordance with this Order. The State Treasurer and the Director of the Department of Natural Resources shall enter into a memorandum of understanding identifying the positions and personnel transferred.

F. The State Treasurer may request and the Department of Natural Resources shall provide the assistance necessary to implement this Order with respect to personnel, information systems, real property information and information management systems, and other management-related functions.

G. The Departments of Information Technology and Natural Resources shall provide the Department of Treasury with data or access to state land records necessary to enable the Department of Treasury to perform the functions transferred under this Order. The State Treasurer shall certify to the Governor compliance by the Departments of Information Technology and Natural Resources with this requirement.

H. The Department of Information Technology shall provide the Department of Treasury with management and information processing services related to the authority, powers, duties, functions, and responsibilities transferred under this Order, including, but not limited to, application and database development and maintenance; desktop computer support and management; mainframe computer support and management; server support and management; local area network support and management; and telecommunications services, infrastructure, and security. The Department of Natural Resources shall provide any assistance to the Department of Information Technology necessary for the Department of Information Technology to perform the functions assigned under this paragraph.

I. Any authority, duties, powers, functions, and responsibilities transferred in this Order, and not mandated otherwise statutorily, may in the future be reorganized to promote efficient administration by the State Treasurer.

J. The State Treasurer may perform a duty or exercise a power conferred by law or executive order upon the State Treasurer at the time and to the extent the duty or power is delegated to the State Treasurer by law or order.

K. The State Treasurer may by written instrument delegate a duty or power conferred by law or this Order and the person to whom the duty or power is delegated may perform the duty or exercise the power at the time and to the extent the duty or power is delegated by the State Treasurer.

L. The State Treasurer shall administer the assigned functions transferred under this Order in such ways as to promote efficient administration and shall make internal organizational changes as may be administratively necessary to complete the realignment of responsibilities prescribed by this Order.

IV. MISCELLANEOUS

A. The State Budget Director shall determine and authorize the most efficient manner possible for handling financial transactions and records in the state's financial management system necessary to implement this Order.

B. All rules, orders, contracts, and agreements relating to the assigned functions lawfully adopted prior to the effective date of this Order shall continue to be effective until revised, amended, or repealed.

C. Any suit, action, or other proceeding lawfully commenced by, against, or before any entity affected by this Order, shall not abate by reason of the taking effect of this Order. Any suit, action, or other proceeding may be maintained by, against, or before the appropriate successor of any entity affected by this Order.

D. This Order shall not suspend, delay, or otherwise invalidate the forfeiture, foreclosure, or disposition of anytax-delinquent or tax-reverted property under Sections 78 to 79a of The General Property Tax Act, MCL 211.78 to 211.79a.

E. The invalidity of any portion of this Order shall not affect the validity of the remainder of the Order, which may be given effect without any invalid portion. Any portion of this Order found invalid by a court or other entity with proper jurisdiction shall be severable from the remaining portions of this Order.

In fulfillment of the requirements under Section 2 of Article V of the Michigan Constitution of 1963, the provisions of this Executive Order are effective on the latter of the following dates: (1) 60 days after the issuance of this order; or (2) the date on which the State Treasurer makes the certification required under Section III.G of this Order.

[SEAL] Given under my hand and the Great Seal of the State of Michigan this 1st day of April in the year of our Lord two thousand and four.

Jennifer M. Granholm

Governor

By the Governor:

Terri L. Land

Secretary of State

The message was referred to the Clerk.

Introduction of Bills

Rep. Stewart introduced

House Bill No. 5737, entitled

A bill to amend 1974 PA 198, entitled "An act to provide for the establishment of plant rehabilitation districts and industrial development districts in local governmental units; to provide for the exemption from certain taxes; to levy and collect a specific tax upon the owners of certain facilities; to impose and provide for the disposition of an administrative fee; to provide for the disposition of the tax; to provide for the obtaining and transferring of an exemption certificate and to prescribe the contents of those certificates; to prescribe the powers and duties of the state tax commission and certain officers of local governmental units; and to provide penalties," by amending section 9 (MCL 207.559), as amended by 1999 PA 140.

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

Rep. Woodward introduced

House Bill No. 5738, entitled

A bill to amend 1931 PA 328, entitled "The Michigan penal code," by amending sections 539e and 539h (MCL 750.539e and 750.539h).

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

Reps. Anderson, Plakas, Jamnick, Vagnozzi, Tobocman, Condino, O'Neil, Hopgood, Accavitti, Sak, Minore, Phillips, Gieleghem, Waters, Woodward, Gillard, Gleason, Lipsey, Adamini, Brown, Bieda, Sheltrown, Stallworth, Hardman, Reeves, Williams, Hood, Hart, Woronchak, Byrum, Meisner, Elkins, Wojno, Clack, Spade, Hunter, Dennis, McConico, Cheeks, Smith, Rivet, Kolb, Whitmer, Law, Farrah, Stewart, Pumford, Gaffney and Daniels introduced

House Bill No. 5739, entitled

A bill to amend 1956 PA 218, entitled "The insurance code of 1956," (MCL 500.100 to 500.8302) by adding section 2229.

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

Reps. Elkins, Nofs, Pumford, Pappageorge, Garfield, Casperson, Bradstreet, Milosch, Acciavatti, DeRossett, Gaffney, Shackleton, Woodward, Ruth Johnson, Sheltrown, Spade, Richardville, Rivet, Tobocman and Gillard introduced

House Bill No. 5740, entitled

A bill to amend 2001 PA 142, entitled "Michigan memorial highway act," (MCL 250.1001 to 250.1100) by adding section 87.

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

Rep. Ward introduced

House Bill No. 5741, entitled

A bill to amend 1976 PA 388, entitled "Michigan campaign finance act," by amending sections 5, 15, 35, 43, and 54 (MCL 169.205, 169.215, 169.235, 169.243, and 169.254), section 5 as amended by 1999 PA 237, section 15 as amended by 2001 PA 250, section 35 as amended by 2000 PA 75, and section 54 as amended by 1995 PA 264, and by adding sections 48 and 48a.

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

Rep. Caul introduced

House Bill No. 5742, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," (MCL 324.101 to 324.90106) by adding sections 20505, 20506, 20507, 20508, and 20509.

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

Rep. Wenke introduced

House Bill No. 5743, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," (MCL 324.101 to 324.90106) by adding sections 20510, 20511, 20512, and 20513.

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

Rep. Palsrok introduced

House Bill No. 5744, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," (MCL 324.101 to 324.90106) by adding sections 20514, 20515, and 20516.

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

Reps. Caswell, Acciavatti, Taub, Casperson, Amos, Pastor, Moolenaar, Nitz, Brandenburg, Milosch and Emmons introduced

House Bill No. 5745, entitled

A bill to amend 1985 PA 106, entitled "State convention facility development act," by amending section 10 (MCL 207.630).

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

Rep. Koetje introduced

House Bill No. 5746, entitled

A bill to enact the uniform securities act (2002) relating to the issuance, offer, sale, or purchase of securities; to prohibit fraudulent practices in relation to securities; to establish civil and criminal sanctions for violations of the act and civil sanctions for violation of the rules promulgated pursuant to the act; to require the registration of broker-dealers, agents, investment advisers, and securities; to make uniform the law with reference to securities; and to repeal acts and parts of acts.

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

Rep. Koetje introduced

House Bill No. 5747, entitled

A bill to amend 1986 PA 316, entitled "Michigan education trust act," by amending section 19 (MCL 390.1439).

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

Rep. Koetje introduced

House Bill No. 5748, entitled

A bill to amend 1931 PA 328, entitled "The Michigan penal code," by amending sections 159g and 411j (MCL 750.159g and 750.411j), section 159g as amended by 2002 PA 124 and section 411j as amended by 2002 PA 136.

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

Rep. Koetje introduced

House Bill No. 5749, entitled

A bill to amend 1961 PA 236, entitled "Revised judicature act of 1961," by amending section 4701 (MCL 600.4701), as amended by 2002 PA 142.

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

Rep. Koetje introduced

House Bill No. 5750, entitled

A bill to amend 1980 PA 307, entitled "Savings and loan act of 1980," by amending section 515 (MCL 491.515), as added by 1987 PA 106.

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

Rep. Koetje introduced

House Bill No. 5751, entitled

A bill to amend 1982 PA 162, entitled "Nonprofit corporation act," by amending section 1137 (MCL 450.3137), as added by 1984 PA 209.

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

Rep. Koetje introduced

House Bill No. 5752, entitled

A bill to amend 1962 PA 192, entitled "Professional service corporation act," by amending section 8 (MCL 450.228), as amended by 1998 PA 48.

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

Rep. Koetje introduced

House Bill No. 5753, entitled

A bill to amend 1986 PA 157, entitled "Michigan export development act," by amending section 10 (MCL 447.160), as amended by 2002 PA 302.

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

Rep. Koetje introduced

House Bill No. 5754, entitled

A bill to amend 1994 PA 160, entitled "Credit services protection act," by amending section 2 (MCL 445.1822).

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

Rep. Koetje introduced

House Bill No. 5755, entitled

A bill to amend 1987 PA 173, entitled "Mortgage brokers, lenders, and servicers licensing act," by amending sections 1a and 29 (MCL 445.1651a and 445.1679), section 1a as amended by 2002 PA 391 and section 29 as amended by 1996 PA 210.

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

Rep. Koetje introduced

House Bill No. 5756, entitled

A bill to amend 1976 PA 331, entitled "Michigan consumer protection act," by amending section 20 (MCL 445.920).

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

Rep. Koetje introduced

House Bill No. 5757, entitled

A bill to amend 1971 PA 227, entitled "An act to prescribe the rights and duties of parties to home solicitation sales; to regulate certain telephone solicitation; to provide for the powers and duties of certain state officers and entities; and to prescribe penalties and remedies," by amending section 1 (MCL 445.111), as amended by 2002 PA 612.

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

Rep. Koetje introduced

House Bill No. 5758, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending sections 21528 and 50510 (MCL 324.21528 and 324.50510), section 21528 as amended by 1996 PA 181 and section 50510 as amended by 2002 PA 387.

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

Rep. Koetje introduced

House Bill No. 5759, entitled

A bill to amend 1984 PA 270, entitled "Michigan strategic fund act," by amending section 23 (MCL 125.2023), as amended by 2002 PA 556.

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

Rep. Koetje introduced

House Bill No. 5760, entitled

A bill to amend 1965 PA 314, entitled "Public employee retirement system investment act," by amending section 13 (MCL 38.1133), as amended by 2000 PA 307.

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

Rep. Koetje introduced

House Bill No. 5761, entitled

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

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

Reps. Shackleton, Farhat, Stahl, Palsrok, Ehardt, Acciavatti, Richardville, Milosch, Sheen, Pappageorge, Steil, LaJoy, Hune, Walker, Moolenaar, Nofs, Nitz, Middaugh, Newell, Stewart, Huizenga, Brown, Emmons, Woronchak, DeRossett, Kooiman, Hummel, Hager, Pastor, Brandenburg, Drolet, Caul, Vander Veen, Voorhees, Hoogendyk, DeRoche, Wenke, Palmer, Robertson, Shaffer, Casperson, Amos, Sheltrown and Rivet introduced

House Bill No. 5762, entitled

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

Reps. Lipsey, Bieda, Anderson, Kolb, Tobocman, Gleason, Adamini, Gillard, Whitmer, Gaffney, Howell and LaSata introduced

House Bill No. 5763, entitled

A bill to amend 1961 PA 236, entitled "Revised judicature act of 1961," by amending sections 6023 and 6027 (MCL 600.6023 and 600.6027), section 6023 as amended by 1998 PA 61.

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

Reps. Howell, Lipsey, Bieda, Kolb, Tobocman, Gleason, Adamini, Gillard, Whitmer, LaSata and Gaffney introduced

House Bill No. 5764, entitled

A bill to amend 1956 PA 218, entitled "The insurance code of 1956," by amending section 2209 (MCL 500.2209).

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

Reps. Lipsey, Bieda, Anderson, Kolb, Tobocman, Gleason, Adamini, Gillard, Whitmer, Gaffney and LaSata introduced

House Bill No. 5765, entitled

A bill to amend 2000 PA 330, entitled "Structured settlement protection act," (MCL 691.1191 to 691.1197) by amending the title and by adding section 4a.

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

Reps. Lipsey, Bieda, Anderson, Kolb, Tobocman, Gleason, Adamini, Gillard, Whitmer, Gaffney and LaSata introduced

House Bill No. 5766, entitled

A bill to amend 1956 PA 218, entitled "The insurance code of 1956," by amending section 2207 (MCL 500.2207).

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

Reps. Sheen, Richardville, Stahl, Wenke, DeRoche, Palmer, Robertson, Vander Veen, Brandenburg, Garfield, Hummel, DeRossett, Milosch, Acciavatti, Ehardt and Hoogendyk introduced

House Bill No. 5767, entitled

A bill to amend 1980 PA 350, entitled "The nonprofit health care corporation reform act," (MCL 550.1101 to 550.1704) by adding section 401k; and to repeal acts and parts of acts.

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

Reps. Sheen, Richardville, Stahl, Wenke, DeRoche, Palmer, Vander Veen, Brandenburg, Garfield, Hummel, DeRossett, Hune, LaJoy, Milosch, Acciavatti, Ehardt and Hoogendyk introduced

House Bill No. 5768, entitled

A bill to amend 1943 PA 240, entitled "State employees' retirement act," (MCL 38.1 to 38.69) by adding section 19j.

The bill was read a first time by its title and referred to the Committee on Senior Health, Security and Retirement.

Reps. Sheen, Richardville, Stahl, Wenke, DeRoche, Palmer, Vander Veen, Brandenburg, Garfield, Hummel, DeRossett, Hune, LaJoy, Milosch, Acciavatti, Ehardt, Hoogendyk and Ruth Johnson introduced

House Bill No. 5769, entitled

A bill to amend 1943 PA 240, entitled "State employees' retirement act," (MCL 38.1 to 38.69) by adding section 19k.

The bill was read a first time by its title and referred to the Committee on Senior Health, Security and Retirement.

Reps. Ruth Johnson, Drolet, Bradstreet, Hoogendyk, Palmer, Hummel, Stahl, Nofs, Wenke, Steil, Howell, Sheen and Stakoe introduced

House Bill No. 5770, entitled

A bill to amend 1986 PA 268, entitled "Legislative council act," (MCL 4.1101 to 4.1901) by adding sections 502 and 602.

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

Reps. Ruth Johnson, LaJoy, Farrah, Ward and Koetje introduced

House Bill No. 5771, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending sections 11701, 11702, 11703, 11704, 11705, 11706, 11707, 11708, 11709, 11710, 11711, 11712, 11713, 11714, 11715, 11716, 11717, 11718, and 11719 (MCL 324.11701, 324.11702, 324.11703, 324.11704, 324.11705, 324.11706, 324.11707, 324.11708, 324.11709, 324.11710, 324.11711, 324.11712, 324.11713, 324.11714, 324.11715, 324.11716, 324.11717, 324.11718, and 324.11719) and by adding sections 11715b, 11715d, 11717b, and 11720.

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

Reps. Ruth Johnson, LaJoy, Farrah, Ward and Koetje introduced

House Bill No. 5772, entitled

A bill to amend 1927 PA 175, entitled "The code of criminal procedure," by amending section 13c of chapter XVII (MCL 777.13c), as added by 2002 PA 30.

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

______

Rep. Caswell moved that the House adjourn.

The motion prevailed, the time being 5:35 p.m.

The Speaker Pro Tempore declared the House adjourned until Tuesday, April 20, at 1:00 p.m.

GARY L. RANDALL

Clerk of the House of Representatives