2004-HJ-11-09-085.htm

No. 85

STATE OF MICHIGAN

JOURNAL

OF THE

House of Representatives

92nd Legislature

REGULAR SESSION OF 2004

House Chamber, Lansing, Tuesday, November 9, 2004.

1:00 p.m.

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

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

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

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

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

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

Anderson--present Hager--excused 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--excused 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--excused Phillips--present Voorhees--present

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

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

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

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

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

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

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

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

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

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

Gaffney--present

e/d/s = entered during session

Rep. Brian Palmer, from the 36th District, offered the following invocation:

"Almighty God, we would like to offer our thanks and praise for selecting us to represent the people of the state of Michigan, and for all of Your blessings this legislative day. Lord, we thank You for the opportunity to choose our leaders. Now that our recent election is over, we pray that You would once again unite us. As we pray for our new leaders, may they be men and women of character as they begin their honorable service.

Exodus 18:21:

But select capable men from all the people, men who fear God, trustworthy men

who hate dishonest gain and appoint them as officials over thousands, hundreds, fifties

and tens.

Without You, Lord, we would not have a great nation. Without You, no election would matter. Without You, our leaders would be rudderless, self-interested, and lacking in compassion. They could not lead, and we could not follow.

Almighty God, as we reassert our trust in You for the healing of America and our world, we pray for a spiritual renewal. We ask that You work powerfully through this chamber, so that we, Your servants, may preserve and protect all of the citizens of this state. Enlighten us to uphold Your principles and to give each of us, the will and the wisdom to strive continually for the greater good of the people who will be impacted by our actions.

Lord, let us remember how privileged we are to live in a country where freedom and democracy are truly a direct result of Your blessings. Without You, O Lord, democracy cannot prevail. We pray that You grant us those inalienable rights reflected in our nation's constitution- the right to life, liberty, and the pursuit of happiness for all human beings, the first right without which no other rights have any meaning.

Heavenly Father, we ask that You send forth Your spirit upon the members of this House and enkindle within us, the fire of Your great love. Let us remember the meaning of sacrifice, and how Your son, Jesus Christ, offered himself as the ultimate sacrifice for us. Humble us, admonish us, unite us, and strengthen us. Give us wisdom in our deliberations and the courage to guide us.

In the name of Jesus Christ, our Lord, we pray. Amen."

______

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

The motion prevailed.

Rep. Palmer moved that Reps. Hager and Rick Johnson be excused from today's session.

The motion prevailed.

The Speaker Pro Tempore called Associate Speaker Pro Tempore Ehardt to the Chair.

Messages from the Senate

The Speaker laid before the House

House Bill No. 5414, entitled

A bill to amend 1939 PA 280, entitled "The social welfare act," by amending section 106 (MCL 400.106), as amended by 2003 PA 33.

(The bill was received from the Senate on September 29, with amendments, full title inserted and immediate effect given by the Senate, consideration of which, under the rules, was postponed until November 4, see House Journal No. 83, p. 2297.)

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

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

Roll Call No. 874 Yeas--105

Accavitti Gieleghem Middaugh Sheltrown

Acciavatti Gillard Milosch Shulman

Amos Gleason Minore Smith

Anderson Hardman Moolenaar Spade

Bieda Hart Mortimer Stahl

Bisbee Hood Murphy Stakoe

Bradstreet Hoogendyk Newell Stallworth

Brandenburg 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, Ruth Phillips Vander Veen

Daniels Julian Plakas Voorhees

Dennis Koetje Pumford Walker

DeRoche Kolb Reeves Ward

DeRossett Kooiman Richardville Waters

Drolet LaJoy Rivet Wenke

Ehardt LaSata Robertson Whitmer

Elkins Law Rocca Williams

Emmons Lipsey Sak Wojno

Farhat McConico Shackleton Woodward

Farrah Meisner Shaffer Woronchak

Gaffney Meyer Sheen Zelenko

Garfield

Nays--0

In The Chair: Ehardt

The House agreed to the full title of the bill.

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

The Speaker laid before the House

House Bill No. 4335, entitled

A bill to regulate certain forms of boxing; to create certain commissions and to provide certain powers and duties for certain state agencies and departments; to license certain persons engaged in boxing; to regulate certain persons connected to the business of boxing and persons conducting certain contests and exhibitions; to confer immunity under certain circumstances; to provide for the conducting of certain tests; to assess certain fees; to create certain funds; to adopt rules; to provide for penalties and remedies; and to repeal acts and parts of acts.

(The bill was received from the Senate on November 4, with substitute (S-2), title amendment and immediate effect given by the Senate, consideration of which, under the rules, was postponed until today, see House Journal No. 84, p. 2423.)

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. 875 Yeas--104

Accavitti Gieleghem Middaugh Sheltrown

Acciavatti Gillard Milosch Shulman

Amos Gleason Minore Smith

Anderson Hardman Moolenaar Spade

Bieda Hart Mortimer Stahl

Bisbee Hood Murphy Stakoe

Bradstreet Hoogendyk Newell Stallworth

Brandenburg 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, Ruth Phillips Vander Veen

Daniels Julian Plakas Voorhees

Dennis Koetje Pumford Walker

DeRoche Kolb Reeves Ward

DeRossett Kooiman Richardville Waters

Ehardt LaJoy Rivet Wenke

Elkins LaSata Robertson Whitmer

Emmons Law Rocca Williams

Farhat Lipsey Sak Wojno

Farrah McConico Shackleton Woodward

Gaffney Meisner Shaffer Woronchak

Garfield Meyer Sheen Zelenko

Nays--1

Drolet

In The Chair: Ehardt

The House agreed to the title as amended.

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

______

Rep. Adamini entered the House Chambers.

The Speaker laid before the House

House Bill No. 4336, entitled

A bill to amend 1931 PA 328, entitled "The Michigan penal code," by amending section 447 (MCL 750.447).

(The bill was received from the Senate on November 4, 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. 84, p. 2423.)

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. 876 Yeas--106

Accavitti Garfield Middaugh Sheltrown

Acciavatti Gieleghem Milosch Shulman

Adamini Gillard Minore Smith

Amos Gleason Moolenaar Spade

Anderson Hardman Mortimer Stahl

Bieda Hart Murphy Stakoe

Bisbee Hood Newell Stallworth

Bradstreet Hoogendyk Nitz Steil

Brandenburg Hopgood Nofs Stewart

Byrum Howell O'Neil Tabor

Casperson Huizenga Palmer Taub

Caswell Hummel Palsrok Tobocman

Caul Hune Pappageorge Vagnozzi

Cheeks Hunter Pastor Van Regenmorter

Clack Jamnick Phillips Vander Veen

Condino Johnson, Ruth Plakas Voorhees

Daniels Julian Pumford Walker

Dennis Koetje Reeves Ward

DeRoche Kolb Richardville Waters

DeRossett Kooiman Rivet Wenke

Drolet LaJoy Robertson Whitmer

Ehardt LaSata Rocca Williams

Elkins Law Sak Wojno

Emmons Lipsey Shackleton Woodward

Farhat McConico Shaffer Woronchak

Farrah Meisner Sheen Zelenko

Gaffney Meyer

Nays--0

In The Chair: Ehardt

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. Adamini moved that Rep. Williams be excused temporarily from today's session.

The motion prevailed.

The Speaker laid before the House

House Bill No. 6047, entitled

A bill to amend 2003 PA 226, entitled "Joint municipal planning act," by amending section 5 (MCL 125.135).

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. 877 Yeas--101

Accavitti Gillard Middaugh Sheen

Acciavatti Gleason Milosch Shulman

Adamini Hardman Minore Smith

Amos Hart Moolenaar Spade

Anderson Hood Mortimer Stahl

Bieda Hoogendyk Murphy Stakoe

Bisbee Hopgood Newell Stallworth

Brandenburg Howell Nitz Steil

Byrum Huizenga Nofs Stewart

Casperson Hummel O'Neil Tabor

Caswell Hune Palmer Taub

Caul Hunter Palsrok Tobocman

Cheeks Jamnick Pappageorge Vagnozzi

Clack Johnson, Ruth Pastor Van Regenmorter

Condino Julian Phillips Vander Veen

Daniels Koetje Plakas Voorhees

Dennis Kolb Pumford Walker

DeRoche Kooiman Reeves Ward

DeRossett LaJoy Richardville Waters

Ehardt LaSata Rivet Wenke

Elkins Law Robertson Whitmer

Emmons Lipsey Rocca Wojno

Farhat McConico Sak Woodward

Farrah Meisner Shackleton Woronchak

Gaffney Meyer Shaffer Zelenko

Gieleghem

Nays--4

Bradstreet Drolet Garfield Sheltrown

In The Chair: Ehardt

The House agreed to the title as amended.

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

______

The Speaker Pro Tempore resumed the Chair.

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

The motion prevailed.

The Speaker laid before the House

Senate Bill No. 955, entitled

A bill to amend 1893 PA 206, entitled "The general property tax act," by amending section 9 (MCL 211.9), as amended by 2003 PA 140.

(The bill was received from the Senate on November 4, with amendments to the House amendments and immediate effect given by the Senate, consideration of which, under the rules, was postponed until today, see House Journal No. 84, p. 2424.)

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

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

Roll Call No. 878 Yeas--66

Acciavatti Hoogendyk Nitz Sheen

Adamini Howell Nofs Sheltrown

Amos Huizenga O'Neil Shulman

Bisbee Hummel Palmer Spade

Bradstreet Hune Palsrok Stahl

Brandenburg Johnson, Ruth Pappageorge Stakoe

Casperson Julian Pastor Stewart

Caul Koetje Plakas Tabor

DeRoche Kooiman Pumford Taub

DeRossett LaJoy Richardville Van Regenmorter

Ehardt LaSata Rivet Vander Veen

Elkins Meyer Robertson Voorhees

Emmons Middaugh Rocca Walker

Farhat Milosch Sak Ward

Farrah Moolenaar Shackleton Wenke

Gaffney Mortimer Shaffer Woronchak

Gillard Newell

Nays--38

Accavitti Gieleghem Lipsey Steil

Anderson Gleason McConico Tobocman

Bieda Hardman Meisner Vagnozzi

Byrum Hart Minore Waters

Cheeks Hood Murphy Whitmer

Clack Hopgood Phillips Williams

Condino Hunter Reeves Wojno

Daniels Jamnick Smith Woodward

Drolet Kolb Stallworth Zelenko

Garfield Law

In The Chair: Julian

______

Rep. Accavitti, having reserved the right to explain his nay vote, made the following statement:

"Mr. Speaker and members of the House:

I voted no on Senate Bill 955 because the state does not have funds available at this time to finance such a program, especially one that would basically benefit operations large enough to use a methane digester, usually multimillion-dollar CAFOs. The expense of properly disposing of these vast amounts of manure generated at factory farms should be a cost of doing business. Taxpayers should not be expected to subsidize them. Furthermore, studies have shown that methane digesters have a fifty percent failure rate and that thermal depolymerization systems are not cost effective. The State should not be granting tax free status for unproven or unreliable technology that has shown very little promise of success."

Rep. Bieda, having reserved the right to explain his nay vote, made the following statement:

"Mr. Speaker and members of the House:

Michigan does not have the funds available at this time to pay for this program, especially one that would basically subsidize operations large enough to use a methane digester, usually multimillion-dollar concentrated animal feeding operations. I am also concerned about the wisdom of this legislation when studies show that methane digesters have a fifty percent failure rate and that thermal depolymerization systems are not cost effective. The legislature should not be in the business of granting tax free status for unproven or unreliable technology that has shown very little promise of success. Because of these reasons, I voted 'no' on Senate Bill 955 (S-2)."

Announcement by the Clerk of Printing and Enrollment

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

Senate Bill Nos. 1455 1456 1457 1459 1460 1461 1462 1463

The Clerk announced that the following bills and joint resolution had been printed and placed upon the files of the members on Friday, November 5:

House Bill Nos. 6296 6297 6298 6299 6300 6301 6302 6303 6304 6305 6306 6307 6308 6309 6310 6311 6312 6313 6314 6315 6316 6317 6318 6319 6320 6321 6322 6323 6324 6325

House Joint Resolution DD

The Clerk announced that the following bills had been printed and placed upon the files of the members on Friday, November 5:

Senate Bill Nos. 1473 1474 1475 1476

The Clerk announced that the following Senate bills had been received on Tuesday, November 9:

Senate Bill Nos. 735 925 1081 1458

By unanimous consent the House returned to the order of

Reports of Standing Committees

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

House Bill No. 5949, entitled

A bill to amend 1970 PA 91, entitled "Child custody act of 1970," by amending the title and sections 1, 3, 4, 5, 6, 6a, 6b, 6c, 6e, 7, 7a, 7b, 8, 10, and 11 (MCL 722.21, 722.23, 722.24, 722.25, 722.26, 722.26a, 722.26b, 722.26c, 722.26e, 722.27, 722.27a, 722.27b, 722.28, 722.30, and 722.31), the title and sections 7a and 7b as amended by 1996 PA 19, sections 3, 5, and 6 as amended and sections 6c and 6e as added by 1993 PA 259, section 4 as amended by 1998 PA 482, section 6a as added by 1980 PA 434, section 6b as amended by 2000 PA 60, section 7 as amended by 2001 PA 108, section 10 as added by 1996 PA 304, and section 11 as added by 2000 PA 422.

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

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

Favorable Roll Call

To Report Out:

Yeas: Reps. Howell, Van Regenmorter, Pappageorge, Voorhees, Garfield, Lipsey, Bieda, Condino and Smith

Nays: None

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

House Bill No. 6012, entitled

A bill to amend 1961 PA 236, entitled "Revised judicature act of 1961," by amending sections 705, 1021, 2950, 2950h, 2950j, 4319, 5071, 5077, 5078, and 5080 (MCL 600.705, 600.1021, 600.2950, 600.2950h, 600.2950j, 600.4319, 600.5071, 600.5077, 600.5078, and 600.5080), section 1021 as amended by 2002 PA 682, section 2950 as amended by 2001 PA 200, sections 2950h and 2950j as added by 2001 PA 206, section 5071 as added by 2000 PA 419, and sections 5077, 5078, and 5080 as added by 2000 PA 420.

Without amendment and with the recommendation that the bill pass.

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

Favorable Roll Call

To Report Out:

Yeas: Reps. Howell, Van Regenmorter, Pappageorge, Voorhees, Garfield, Lipsey, Bieda, Condino and Smith

Nays: None

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

House Bill No. 6013, entitled

A bill to amend 1956 PA 205, entitled "The paternity act," by amending sections 4a, 7b, and 10 (MCL 722.714a, 722.717b, and 722.720), section 4a as amended by 1998 PA 113, section 7b as amended by 1996 PA 308, and section 10 as amended by 2001 PA 109.

Without amendment and with the recommendation that the bill pass.

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

Favorable Roll Call

To Report Out:

Yeas: Reps. Howell, Van Regenmorter, Pappageorge, Voorhees, Garfield, Lipsey, Bieda, Condino and Smith

Nays: None

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

House Bill No. 6014, entitled

A bill to amend 1998 PA 386, entitled "Estates and protected individuals code," by amending sections 5204, 5205, 5208, 5210, and 5215 (MCL 700.5204, 700.5205, 700.5208, 700.5210, and 700.5215), section 5204 as amended by 2000 PA 54 and section 5215 as amended by 2000 PA 469.

Without amendment and with the recommendation that the bill pass.

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

Favorable Roll Call

To Report Out:

Yeas: Reps. Howell, LaSata, Van Regenmorter, Koetje, Pappageorge, Voorhees, Garfield, Lipsey, Bieda and Condino

Nays: None

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

House Bill No. 6015, entitled

A bill to amend 1971 PA 79, entitled "Age of majority act of 1971," by amending section 2 (MCL 722.52), as amended by 1990 PA 104.

Without amendment and with the recommendation that the bill pass.

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

Favorable Roll Call

To Report Out:

Yeas: Reps. Howell, LaSata, Van Regenmorter, Koetje, Pappageorge, Voorhees, Garfield, Lipsey, Bieda and Condino

Nays: None

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

House Bill No. 6016, entitled

A bill to amend 1966 PA 138, entitled "The family support act," by amending the title and sections 1, 1a, 1b, 2, and 4 (MCL 552.451, 552.451a, 552.451b, 552.452, and 552.454), the title and section 2 as amended by 2002 PA 574, sections 1 and 1a as amended by 2002 PA 8, section 1b as amended by 1990 PA 237, and section 4 as amended by 1999 PA 158.

Without amendment and with the recommendation that the bill pass.

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

Favorable Roll Call

To Report Out:

Yeas: Reps. Howell, LaSata, Van Regenmorter, Koetje, Pappageorge, Voorhees, Garfield, Lipsey, Bieda and Condino

Nays: None

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

House Bill No. 6213, entitled

A bill to amend 2001 PA 195, entitled "Uniform child-custody jurisdiction and enforcement act," by amending the title and sections 102 and 405 (MCL 722.1102 and 722.1405).

Without amendment and with the recommendation that the bill pass.

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

Favorable Roll Call

To Report Out:

Yeas: Reps. Howell, LaSata, Van Regenmorter, Koetje, Pappageorge, Voorhees, Garfield, Lipsey, Bieda and Condino

Nays: None

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

House Bill No. 6214, entitled

A bill to amend 1939 PA 288, entitled "Probate code of 1939," by amending sections 22, 23a, 23b, 23d, 23f, 27, 31, 34, 36, 37, 39, 41, 43, 51, and 60 of chapter X, section 1 of chapter XI, and sections 2, 14, and 15 of chapter XII (MCL 710.22, 710.23a, 710.23b, 710.23d, 710.23f, 710.27, 710.31, 710.34, 710.36, 710.37, 710.39, 710.41, 710.43, 710.51, 710.60, 711.1, 712.2, 712.14, and 712.15), sections 22, 34, 36, 43, 51, and 60 of chapter X as amended by 1996 PA 409, sections 23a, 23f, and 31 of chapter X as amended by 1994 PA 373, section 23b of chapter X as added and section 41 of chapter X as amended by 1994 PA 222, section 23d of chapter X as amended by 2004 PA 68, section 27 of chapter X as amended by 1994 PA 208, section 39 of chapter X as amended by 1998 PA 94, section 1 of chapter XI as amended by 2000 PA 111, and sections 2, 14, and 15 of chapter XII as added by 2000 PA 232.

Without amendment and with the recommendation that the bill pass.

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

Favorable Roll Call

To Report Out:

Yeas: Reps. Howell, LaSata, Van Regenmorter, Koetje, Pappageorge, Voorhees, Garfield, Lipsey, Bieda and Condino

Nays: None

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

House Bill No. 6310, entitled

A bill to amend 1939 PA 288, entitled "Probate code of 1939," by amending sections 13a, 13b, 17d, 18, 19, 19a, and 19c of chapter XIIA (MCL 712A.13a, 712A.13b, 712A.17d, 712A.18, 712A.19, 712A.19a, and 712A.19c), section 13a as amended by 2000 PA 55, sections 13b, 19a, and 19c as amended by 2000 PA 46, section 17d as added by 1998 PA 480, section 18 as amended by 2004 PA 221, and section 19 as amended by 1998 PA 530.

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

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

Favorable Roll Call

To Report Out:

Yeas: Reps. Howell, Van Regenmorter, Koetje, Pappageorge, Voorhees, Garfield, Lipsey, Bieda and Smith

Nays: None

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

House Bill No. 6315, entitled

A bill to amend 1992 PA 234, entitled "The judges retirement act of 1992," by amending sections 305 and 509 (MCL 38.2305 and 38.2509), section 305 as amended by 2002 PA 95.

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

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

Favorable Roll Call

To Report Out:

Yeas: Reps. Howell, Van Regenmorter, Koetje, Pappageorge, Voorhees, Garfield, Lipsey and Bieda

Nays: None

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

Senate Bill No. 1386, entitled

A bill to amend 1961 PA 236, entitled "Revised judicature act of 1961," (MCL 600.101 to 600.9947) by adding section 2917a.

Without amendment and with the recommendation that the bill pass.

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

Favorable Roll Call

To Report Out:

Yeas: Reps. Howell, Van Regenmorter, Koetje, Pappageorge, Voorhees, Garfield, Lipsey, Bieda, Condino and Smith

Nays: None

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

Senate Bill No. 1387, entitled

A bill to amend 1961 PA 236, entitled "Revised judicature act of 1961," (MCL 600.101 to 600.9947) by adding section 2953a.

Without amendment and with the recommendation that the bill pass.

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

Favorable Roll Call

To Report Out:

Yeas: Reps. Howell, Van Regenmorter, Pappageorge, Voorhees, Garfield, Lipsey, Bieda and Condino

Nays: Reps. Koetje and Smith

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

Senate Bill No. 1440, entitled

A bill to amend 1939 PA 288, entitled "Probate code of 1939," by amending section 19 of chapter XIIA (MCL 712A.19), as amended by 1998 PA 530.

Without amendment and with the recommendation that the bill pass.

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

Favorable Roll Call

To Report Out:

Yeas: Reps. Howell, Van Regenmorter, Koetje, Pappageorge, Voorhees, Garfield, Lipsey, Bieda and Smith

Nays: None

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

Senate Bill No. 1441, entitled

A bill to amend 1939 PA 288, entitled "Probate code of 1939," by amending section 19c of chapter XIIA, (MCL 712A.19c), as amended by 2000 PA 46.

Without amendment and with the recommendation that the bill pass.

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

Favorable Roll Call

To Report Out:

Yeas: Reps. Howell, Van Regenmorter, Koetje, Pappageorge, Voorhees, Garfield, Lipsey, Bieda and Smith

Nays: None

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

Senate Bill No. 1444, entitled

A bill to amend 1939 PA 288, entitled "Probate code of 1939," by amending sections 13a, 13b, 17d, and 18 of chapter XIIA (MCL 712A.13a, 712A.13b, 712A.17d, and 712A.18), section 13a as amended by 2000 PA 55, section 13b as amended by 2000 PA 46, section 17d as added by 1998 PA 480, and section 18 as amended by 2004 PA 221.

Without amendment and with the recommendation that the bill pass.

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

Favorable Roll Call

To Report Out:

Yeas: Reps. Howell, Van Regenmorter, Koetje, Pappageorge, Voorhees, Garfield, Lipsey, Bieda and Smith

Nays: None

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Tuesday, November 9, 2004

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

Absent: Reps. Gaffney, Wenke and Adamini

Excused: Reps. Gaffney, Wenke and Adamini

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

Senate Bill No. 1149, entitled

A bill to commemorate the anniversary of the founding of the branches of the United States armed forces; and to prescribe the duties of certain state agencies and officials.

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

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

Favorable Roll Call

To Report Out:

Yeas: Reps. Koetje, Drolet, Howell, Tobocman and Lipsey

Nays: None

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Tuesday, November 9, 2004

Present: Reps. Koetje, Drolet, Howell, Tobocman and Lipsey

Second Reading of Bills

Rep. Richardville moved that Rule 48 be suspended.

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

House Bill No. 5949, entitled

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

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

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

The motion prevailed.

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

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

By unanimous consent the House returned to the order of

Third Reading of Bills

House Bill No. 5949, 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. 879 Yeas--103

Accavitti Gieleghem Middaugh Shulman

Acciavatti Gillard Milosch Smith

Adamini Gleason Minore Spade

Amos Hardman Moolenaar Stahl

Anderson Hart Mortimer Stakoe

Bieda Hood Murphy Stallworth

Bisbee Hoogendyk Newell Steil

Bradstreet Hopgood Nitz Stewart

Brandenburg Howell Nofs Tabor

Byrum Huizenga O'Neil Taub

Casperson Hummel Palmer Tobocman

Caul Hune Palsrok Vagnozzi

Cheeks Hunter Pappageorge Van Regenmorter

Clack Jamnick Pastor Vander Veen

Daniels Johnson, Ruth Phillips Voorhees

Dennis Julian Plakas Walker

DeRoche Koetje Reeves Ward

DeRossett Kolb Richardville Waters

Drolet Kooiman Rivet Wenke

Ehardt LaJoy Robertson Whitmer

Elkins LaSata Rocca Williams

Emmons Law Sak Wojno

Farhat Lipsey Shackleton Woodward

Farrah McConico Shaffer Woronchak

Gaffney Meisner Sheen Zelenko

Garfield Meyer Sheltrown

Nays--1

Condino

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 1970 PA 91, entitled "Child custody act of 1970," by amending the title and sections 1, 2, 3, 4, 5, 6, 6a, 6b, 6c, 6e, 7, 7a, 8, 10, and 11 (MCL 722.21, 722.22, 722.23, 722.24, 722.25, 722.26, 722.26a, 722.26b, 722.26c, 722.26e, 722.27, 722.27a, 722.28, 722.30, and 722.31), the title and section 7a as amended by 1996 PA 19, section 2 as amended by 2002 PA 9, sections 3, 5, and 6 as amended and sections 6c and 6e as added by 1993 PA 259, section 4 as amended by 1998 PA 482, section 6a as added by 1980 PA 434, section 6b as amended by 2000 PA 60, section 7 as amended by 2001 PA 108, section 10 as added by 1996 PA 304, and section 11 as added by 2000 PA 422.

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. Caswell, under Rule 33, made the following statement:

"Mr. Speaker and members of the House:

I was absent from the Chamber when the vote was taken on Roll Call Nos. 878-879. Had I been present, I would have voted 'yea'."

Second Reading of Bills

Rep. Richardville moved that Rule 48 be suspended.

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

House Bill No. 6012, entitled

The bill was read a second time.

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

The motion prevailed.

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

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

______

Rep. Sak moved that Rep. O'Neil be excused temporarily from today's session.

The motion prevailed.

By unanimous consent the House returned to the order of

Third Reading of Bills

House Bill No. 6012, 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. 880 Yeas--105

Accavitti Garfield Meyer Sheltrown

Acciavatti Gieleghem Middaugh Shulman

Adamini Gillard Milosch Smith

Amos Gleason Minore Spade

Anderson Hardman Moolenaar Stahl

Bieda Hart Mortimer Stakoe

Bisbee Hood Murphy Stallworth

Bradstreet Hoogendyk Newell Steil

Brandenburg Hopgood Nitz Stewart

Byrum Howell Nofs Tabor

Casperson Huizenga Palmer Taub

Caswell Hummel Palsrok Tobocman

Caul Hune Pappageorge Vagnozzi

Cheeks Hunter Pastor Van Regenmorter

Clack Jamnick Phillips Vander Veen

Condino Johnson, Ruth Plakas Voorhees

Daniels Julian Pumford Walker

Dennis Koetje Reeves Ward

DeRoche Kolb Richardville Waters

DeRossett Kooiman Rivet Wenke

Drolet LaJoy Robertson Whitmer

Ehardt LaSata Rocca Williams

Elkins Law Sak Wojno

Emmons Lipsey Shackleton Woodward

Farhat McConico Shaffer Woronchak

Farrah Meisner Sheen Zelenko

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.

Second Reading of Bills

Rep. Richardville moved that Rule 48 be suspended.

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

House Bill No. 6013, entitled

The bill was read a second time.

Rep. Lipsey 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. 6013, 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. 881 Yeas--106

Accavitti Garfield Middaugh Sheltrown

Acciavatti Gieleghem Milosch Shulman

Adamini Gillard Minore Smith

Amos Gleason Moolenaar Spade

Anderson Hardman Mortimer Stahl

Bieda Hart Murphy Stakoe

Bisbee Hood Newell Stallworth

Bradstreet Hoogendyk Nitz Steil

Brandenburg Hopgood Nofs Stewart

Byrum Howell O'Neil Tabor

Casperson Huizenga Palmer Taub

Caswell Hummel Palsrok Tobocman

Caul Hune Pappageorge Vagnozzi

Cheeks Hunter Pastor Van Regenmorter

Clack Jamnick Phillips Vander Veen

Condino Johnson, Ruth Plakas Voorhees

Daniels Julian Pumford Walker

Dennis Koetje Reeves Ward

DeRoche Kolb Richardville Waters

DeRossett Kooiman Rivet Wenke

Drolet LaJoy Robertson Whitmer

Ehardt LaSata Rocca Williams

Elkins Law Sak Wojno

Emmons Lipsey Shackleton Woodward

Farhat McConico Shaffer Woronchak

Farrah Meisner Sheen Zelenko

Gaffney Meyer

Nays--0

In The Chair: Julian

The House agreed to the title of the bill.

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

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

Second Reading of Bills

Rep. Richardville moved that Rule 48 be suspended.

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

House Bill No. 6014, entitled

The bill was read a second time.

Rep. Moolenaar 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. 6014, 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. 882 Yeas--105

Accavitti Garfield Meyer Sheen

Acciavatti Gieleghem Middaugh Sheltrown

Adamini Gillard Milosch Shulman

Amos Gleason Minore Smith

Anderson Hardman Moolenaar Spade

Bieda Hart Mortimer Stahl

Bisbee Hood Murphy Stakoe

Bradstreet Hoogendyk Newell Stallworth

Brandenburg 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 Vander Veen

Condino Johnson, Ruth Phillips Voorhees

Daniels Julian Plakas Walker

Dennis Koetje Pumford Ward

DeRoche Kolb Reeves Waters

DeRossett Kooiman Richardville Wenke

Drolet LaJoy Rivet Whitmer

Ehardt LaSata Robertson Williams

Elkins Law Rocca Wojno

Emmons Lipsey Sak Woodward

Farhat McConico Shackleton Woronchak

Farrah Meisner Shaffer Zelenko

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.

Second Reading of Bills

Rep. Richardville moved that Rule 48 be suspended.

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

House Bill No. 6015, entitled

A bill to amend 1971 PA 79, entitled "Age of majority act of 1971," by amending section 2 (MCL 722.52), as amended by 1990 PA 104.

The bill was read a second time.

Rep. Adamini 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. 6015, entitled

A bill to amend 1971 PA 79, entitled "Age of majority act of 1971," by amending section 2 (MCL 722.52), as amended by 1990 PA 104.

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

Roll Call No. 883 Yeas--106

Accavitti Garfield Middaugh Sheltrown

Acciavatti Gieleghem Milosch Shulman

Adamini Gillard Minore Smith

Amos Gleason Moolenaar Spade

Anderson Hardman Mortimer Stahl

Bieda Hart Murphy Stakoe

Bisbee Hood Newell Stallworth

Bradstreet Hoogendyk Nitz Steil

Brandenburg Hopgood Nofs Stewart

Byrum Howell O'Neil Tabor

Casperson Huizenga Palmer Taub

Caswell Hummel Palsrok Tobocman

Caul Hune Pappageorge Vagnozzi

Cheeks Hunter Pastor Van Regenmorter

Clack Jamnick Phillips Vander Veen

Condino Johnson, Ruth Plakas Voorhees

Daniels Julian Pumford Walker

Dennis Koetje Reeves Ward

DeRoche Kolb Richardville Waters

DeRossett Kooiman Rivet Wenke

Drolet LaJoy Robertson Whitmer

Ehardt LaSata Rocca Williams

Elkins Law Sak Wojno

Emmons Lipsey Shackleton Woodward

Farhat McConico Shaffer Woronchak

Farrah Meisner Sheen Zelenko

Gaffney Meyer

Nays--0

In The Chair: Julian

The House agreed to the title of the bill.

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

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

Second Reading of Bills

Rep. Richardville moved that Rule 48 be suspended.

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

House Bill No. 6016, entitled

The bill was read a second time.

Rep. Brandenburg 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. 6016, 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. 884 Yeas--106

Accavitti Garfield Middaugh Sheltrown

Acciavatti Gieleghem Milosch Shulman

Adamini Gillard Minore Smith

Amos Gleason Moolenaar Spade

Anderson Hardman Mortimer Stahl

Bieda Hart Murphy Stakoe

Bisbee Hood Newell Stallworth

Bradstreet Hoogendyk Nitz Steil

Brandenburg Hopgood Nofs Stewart

Byrum Howell O'Neil Tabor

Casperson Huizenga Palmer Taub

Caswell Hummel Palsrok Tobocman

Caul Hune Pappageorge Vagnozzi

Cheeks Hunter Pastor Van Regenmorter

Clack Jamnick Phillips Vander Veen

Condino Johnson, Ruth Plakas Voorhees

Daniels Julian Pumford Walker

Dennis Koetje Reeves Ward

DeRoche Kolb Richardville Waters

DeRossett Kooiman Rivet Wenke

Drolet LaJoy Robertson Whitmer

Ehardt LaSata Rocca Williams

Elkins Law Sak Wojno

Emmons Lipsey Shackleton Woodward

Farhat McConico Shaffer Woronchak

Farrah Meisner Sheen Zelenko

Gaffney Meyer

Nays--0

In The Chair: Julian

The House agreed to the title of the bill.

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

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

Second Reading of Bills

Rep. Richardville moved that Rule 48 be suspended.

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

House Bill No. 6213, entitled

A bill to amend 2001 PA 195, entitled "Uniform child-custody jurisdiction and enforcement act," by amending the title and sections 102 and 405 (MCL 722.1102 and 722.1405).

The bill was read a second time.

Rep. Condino 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. 6213, entitled

A bill to amend 2001 PA 195, entitled "Uniform child-custody jurisdiction and enforcement act," by amending the title and sections 102 and 405 (MCL 722.1102 and 722.1405).

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

Roll Call No. 885 Yeas--106

Accavitti Garfield Middaugh Sheltrown

Acciavatti Gieleghem Milosch Shulman

Adamini Gillard Minore Smith

Amos Gleason Moolenaar Spade

Anderson Hardman Mortimer Stahl

Bieda Hart Murphy Stakoe

Bisbee Hood Newell Stallworth

Bradstreet Hoogendyk Nitz Steil

Brandenburg Hopgood Nofs Stewart

Byrum Howell O'Neil Tabor

Casperson Huizenga Palmer Taub

Caswell Hummel Palsrok Tobocman

Caul Hune Pappageorge Vagnozzi

Cheeks Hunter Pastor Van Regenmorter

Clack Jamnick Phillips Vander Veen

Condino Johnson, Ruth Plakas Voorhees

Daniels Julian Pumford Walker

Dennis Koetje Reeves Ward

DeRoche Kolb Richardville Waters

DeRossett Kooiman Rivet Wenke

Drolet LaJoy Robertson Whitmer

Ehardt LaSata Rocca Williams

Elkins Law Sak Wojno

Emmons Lipsey Shackleton Woodward

Farhat McConico Shaffer Woronchak

Farrah Meisner Sheen Zelenko

Gaffney Meyer

Nays--0

In The Chair: Julian

The House agreed to the title of the bill.

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

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

Second Reading of Bills

Rep. Richardville moved that Rule 48 be suspended.

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

House Bill No. 6214, entitled

The bill was read a second time.

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

The motion prevailed.

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

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

______

Rep. Hune moved that Rep. DeRoche be excused temporarily from today's session.

The motion prevailed.

By unanimous consent the House returned to the order of

Third Reading of Bills

House Bill No. 6214, 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. 886 Yeas--104

Accavitti Garfield Middaugh Sheltrown

Acciavatti Gillard Milosch Shulman

Adamini Gleason Minore Smith

Amos Hardman Moolenaar Spade

Anderson Hart Mortimer Stahl

Bieda Hood Murphy Stakoe

Bisbee Hoogendyk Newell Stallworth

Bradstreet Hopgood Nitz Steil

Brandenburg Howell Nofs Stewart

Byrum Huizenga O'Neil Tabor

Casperson Hummel Palmer Taub

Caswell Hune Palsrok Tobocman

Caul Hunter Pappageorge Vagnozzi

Cheeks Jamnick Pastor Van Regenmorter

Clack Johnson, Ruth Phillips Vander Veen

Condino Julian Plakas Voorhees

Daniels Koetje Pumford Walker

Dennis Kolb Reeves Ward

DeRossett Kooiman Richardville Waters

Drolet LaJoy Rivet Wenke

Ehardt LaSata Robertson Whitmer

Elkins Law Rocca Williams

Emmons Lipsey Sak Wojno

Farhat McConico Shackleton Woodward

Farrah Meisner Shaffer Woronchak

Gaffney Meyer Sheen Zelenko

Nays--0

In The Chair: Julian

The House agreed to the title of the bill.

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

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

Second Reading of Bills

Rep. Richardville moved that Rule 48 be suspended.

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

Senate Bill No. 1149, entitled

A bill to commemorate the anniversary of the founding of the branches of the United States armed forces; and to prescribe the duties of certain state agencies and officials.

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

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

Rep. 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. 1149, entitled

A bill to commemorate the anniversary of the founding of the branches of the United States armed forces; and to prescribe the duties of certain state agencies and officials.

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

Roll Call No. 887 Yeas--105

Accavitti Gieleghem Middaugh Sheltrown

Acciavatti Gillard Milosch Shulman

Adamini Gleason Minore Smith

Amos Hardman Moolenaar Spade

Anderson Hart Mortimer Stahl

Bieda Hood Murphy Stakoe

Bisbee Hoogendyk Newell Stallworth

Bradstreet Hopgood Nitz Steil

Brandenburg Howell Nofs Stewart

Byrum Huizenga O'Neil Tabor

Casperson Hummel Palmer Taub

Caswell Hune Palsrok Tobocman

Caul Hunter Pappageorge Vagnozzi

Cheeks Jamnick Pastor Van Regenmorter

Clack Johnson, Ruth Phillips Vander Veen

Condino Julian Plakas Voorhees

Daniels Koetje Pumford Walker

Dennis Kolb Reeves Ward

DeRossett Kooiman Richardville Waters

Drolet LaJoy Rivet Wenke

Ehardt LaSata Robertson Whitmer

Elkins Law Rocca Williams

Emmons Lipsey Sak Wojno

Farhat McConico Shackleton Woodward

Farrah Meisner Shaffer Woronchak

Gaffney Meyer Sheen Zelenko

Garfield

Nays--0

In The Chair: Julian

The House agreed to the title of the bill.

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

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

______

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

The motion prevailed.

By unanimous consent the House returned to the order of

Motions and Resolutions

Reps. Vander Veen, Amos, Moolenaar, Stahl, Caul, Hune, Nofs, Taub, Mortimer, Ehardt, Voorhees, Palmer, Huizenga, Ruth Johnson, Brandenburg, Wenke, Emmons, Farhat, Acciavatti, Stakoe, Kooiman, Garfield, Koetje, Meyer, Shaffer and Caswell offered the following resolution:

House Resolution No. 325.

A resolution to urge the Governor to create a commission to conduct a careful, thorough study of Michigan's budget structure to identify and address imbalances.

Whereas, The structure of the budget for state government in Michigan, like the revenue and expenditure of any large entity, faces challenges from changes that are constantly taking place. The Michigan economy we know today, for example, is far different from what was in place a generation or two ago. The rapid shift to the global marketplace and advances in technology are transforming Michigan's economy along with the lives of our citizens and businesses; and

Whereas, Over the past few budgetary cycles in Michigan, it is increasingly clear that the way Michigan finances its services and operations is threatened. Even as the economy has begun its recovery, the state has had to grapple with massive shortfalls in revenues. Many observers feel that this may reflect a fundamental and permanent imbalance rather than a temporary situation. The shift from manufacturing to a service economy is often cited as a central cause for the reduction in overall tax revenues. Our state's gradual move to eliminate the Single Business Tax also is a consideration that argues for an examination of our overall tax structure; and

Whereas, The state would benefit from the establishment of a commission to study the imbalances that likely exist in our budget structure. A commission studying this needs to include those who represent the key sectors of our economy, including representatives of township, county, and city governments, representatives of the business community and manufacturing, legislators, and executive branch budget officials; and

Whereas, A comprehensive look at how our state crafts its budget and finances the people's business is clearly in order as we adjust to the new realities of the 21st century. A thorough and deliberative approach will serve our citizens far better than ad hoc decisions with regard to specific taxes and expenditures; now, therefore, be it

Resolved by the House of Representatives, That we urge the Governor to create a commission to conduct a careful, thorough study of Michigan's budget structure to identify and address imbalances. We urge that this commission include legislators, administration budget officials and representatives of the Chamber of Commerce, the Michigan affiliate of the National Federation of Independent Businesses, the Michigan Manufacturing Association, and township, county, and city government; and be it further

Resolved, That copies of this resolution be transmitted to the office of the Governor.

The resolution was referred to the Committee on Government Operations.

THIS RESOLUTION IS OFFERED TO COMPLY WITH MCL §§ 830.415 and 830.417 AND REQUIRES A RECORD ROLL CALL VOTE

Rep. Shackleton offered the following concurrent resolution:

House Concurrent Resolution No. 70.

A concurrent resolution approving the conveyance of property to the State Building Authority and approving a lease between the State of Michigan and the State Building Authority relative to Constitution Hall.

Whereas, The State of Michigan (the "State") has entered into a Lease with 525 Redevco, Inc., as Lessor (State Lease No. 10533) for office building construction to State specifications known as Constitution Hall (the "Facility"); and

Whereas, The State has the option anytime after substantial completion to acquire fee title to the Facility by prepaying rent in an amount equal to the Pay Off Balance as defined in said Lease; and

Whereas, The State, acting by and through the Director of the Department of Management and Budget, has given notice of the State's option to acquire the Facility; and

Whereas, The State will transfer title of the Facility to the State Building Authority (the "Authority") and enter into a new lease with the Authority as hereinafter described; and

Whereas, Section 5 of 1964 PA 183, as amended, being MCL § 830.415, requires the approval of the State Administrative Board, the Attorney General, and the Michigan Legislature by concurrent resolution concurred in by a majority of the members elected to and serving in each house, with the votes and names of the members voting thereon entered in the journal, before land owned by the State may be conveyed to the State Building Authority; and

Whereas, The site of Constitution Hall located in Ingham County is currently owned by the State; and

Whereas, Section 7 of 1964 PA 183, as amended, being MCL § 830.417, requires the approval of the State Administrative Board and the Michigan Legislature by concurrent resolution concurred in by a majority of the members elected to and serving in each house, with the votes and names of the members voting thereon entered in the journal, before the State may enter into a lease with the Authority upon a showing of a public purpose; and

Whereas, Providing additional space to be used by the State pursuant to the lease for the Facility is a recognized public purpose; and

Whereas, A lease between the Authority and the State has been prepared providing for the leasing of the Facility by the Authority to the State (the "Lease"); and

Whereas, The Executive Director of the Authority has furnished the Joint Capital Outlay Subcommittee of the Legislature with information and documents relative to the Lease; now, therefore, be it

Resolved by the House of Representatives (the Senate concurring), That the Total Facility Cost for Constitution Hall shall not exceed $135,000,000 (the Authority share is $135,000,000 and the State General Fund/General Purpose share is $0), plus interest charges on monies advanced by the State to meet the construction cash flow requirements of the Facility, if any, of which not more than $135,000,000, plus interest charges on monies advanced by the State to meet the construction cash flow requirements of the Facility, if any, shall be financed from bonds issued by the Authority, exclusive of amounts necessary for reserves, interest, or other nonconstruction costs; and be it further

Resolved, That the Legislature hereby approves the necessary conveyances of property to the Authority as more particularly described in the Lease and attachments thereto; and be it further

Resolved, That the Legislature hereby approves the Authority acquiring the Facility and leasing it to the State and hereby determines that the leasing of the Facility from the Authority is for a public purpose as authorized by 1964 PA 183, as amended; and be it further

Resolved, That the annual amounts of "True Rental" for the Facility shall be as specified in Exhibit C of the Lease, which amounts have been certified by the appraiser and approved by the Authority and shall hereafter be approved by the State Administrative Board, all as authorized by 1964 PA 183, as amended; and be it further

Resolved, That the Lease is hereby approved by this concurrent resolution, and the Governor and the Secretary of State are authorized and directed to execute the Lease for and on behalf of the State; and be it further

Resolved, That, by hereby approving the Lease between the State and the Authority, the Legislature agrees to appropriate annually sufficient amounts to pay the rent as obligated pursuant to the Lease; and be it further

Resolved, That a copy of this concurrent resolution be transmitted to the Governor, the Secretary of State, the Authority, and the State Budget Director.

The concurrent resolution was referred to the Committee on Appropriations.

Messages from the Senate

House Bill No. 4458, entitled

A bill to amend 1998 PA 58, entitled "Michigan liquor control code of 1998," by amending section 229 (MCL 436.1229).

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

The House agreed to the full title.

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

House Bill No. 4703, entitled

A bill to amend 1978 PA 368, entitled "Public health code," by amending sections 12501, 12505, 12506, 12507, 12508, 12509, 12512, 12513, 12514, 12516, 12521, 12527, 12527a, 12528, 12529, and 12532 (MCL 333.12501, 333.12505, 333.12506, 333.12507, 333.12508, 333.12509, 333.12512, 333.12513, 333.12514, 333.12516, 333.12521, 333.12527, 333.12527a, 333.12528, 333.12529, and 333.12532), section 12501 as amended by 1982 PA 525, section 12527as amended by 1980 PA 522, and sections 12527a and 12532 as amended by 1985 PA 19, and by adding sections 12506a, 12506b, 12510, and 12527b.

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

The House agreed to the full title.

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

House Bill No. 5947, entitled

A bill to amend 1984 PA 323, entitled "The health care false claim act," (MCL 752.1001 to 752.1011) by adding section 4b.

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

The House agreed to the full title.

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

House Bill No. 5970, entitled

A bill to amend 1984 PA 323, entitled "The health care false claim act," (MCL 752.1001 to 752.1011) by adding section 4a.

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

The House agreed to the full title.

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

Senate Bill No. 735, entitled

A bill to amend 1996 PA 299, entitled "An act to regulate tourist-oriented directional signs on certain rural roads; and to impose certain duties upon the state transportation department," by amending sections 1 and 3 (MCL 247.401 and 247.403).

The Senate has passed the bill.

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

Senate Bill No. 925, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending sections 51501, 51506, 51509, 51510, and 51513 (MCL 324.51501, 324.51506, 324.51509, 324.51510, and 324.51513), as added by 1995 PA 57, and by adding section 51503b.

The Senate has passed the bill.

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

Senate Bill No. 1081, entitled

A bill to amend 1909 PA 283, entitled "An act to revise, consolidate, and add to the laws relating to the establishment, opening, discontinuing, vacating, closing, altering, improvement, maintenance, and use of the public highways and private roads; the condemnation of property and gravel therefor; the building, repairing and preservation of bridges; maintaining public access to waterways under certain conditions; setting and protecting shade trees, drainage, and cutting weeds and brush within this state; providing for the election or appointment and defining the powers, duties, and compensation of state, county, township, and district highway officials; and to prescribe penalties and provide remedies," by amending section 2 (MCL 225.2).

The Senate has passed the bill.

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

Senate Bill No. 1458, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," (MCL 324.101 to 324.90106) by adding sections 14721, 14723, and 14724.

The Senate has passed the bill.

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

Notices

Pursuant to Rule 44, the Speaker has made the following reassignments:

Senate Bill No. 1344 referred to the Committee on Health Policy.

House Bill No. 6306 referred to the Committee on Judiciary.

House Bill No. 6309 referred to the Committee on Commerce.

November 11, 2004

Mr. Gary L. Randall, Clerk

Michigan House of Representatives

State Capitol Building

Lansing, Michigan 48913

Dear Mr. Clerk:

Please make note in your records that Representative Rich Brown is removed from the Conference Committee on Senate Bill 1105 and is replaced by Representative Gretchen Whitmer.

Thank you for your attention to this matter.

Sincerely,

Rick Johnson

Speaker of the House

Communications from State Officers

The following communication from the Family Independence Agency was received and read:

October 18, 2004

Pursuant to Section 311 of P.A. 167 of 2003, we are enclosing a copy of the following reports:

Type of ReportFacilityReport #License #

Interim Luce County FIA CP480201253

Renewal Crawford County FIA CP210201090

Interim Cheboygan County FIA CP160201035

This report was performed in compliance with the requirements of P.A. 116 of 1973 as amended, and the Administrative Rules for Child Caring Institutions. The report may also be viewed on our website, within 48 hours, under "News, Publications & Information" at the following address: http://www.michigan.gov/fia/.

If you have any questions regarding this information, please feel free to contact Miriam E. J. Bullock at 517-373-8383.

Sincerely,

Marianne Udow

Director

The communication was referred to the Clerk.

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

November 5, 2004

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

Performance Audit of Henry Ford Community College,

November 2004

November 5, 2004

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

Performance Audit of the Aviation Services Division and Airports Division,

Multi-Modal Transportation Service Bureau,

Department of Transportation

November 2004

November 5, 2004

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

Financial Audit of the Commercial Mobile Radio Service Emergency Telephone Fund,

Department of Treasury,

for the period October 1, 2001 through September 30, 2003

Sincerely,

Thomas H. McTavish, C.P.A.

Auditor General

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

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

Notice of Filing

Administrative Rule

October 26, 2004

In accordance with the provisions of Section 46(1) of Act 306, Public Acts of 1969, as amended, and Executive Order 1995-6 this is to advise you that the Office of Regulatory Reform, Legal Division filed at 1:28 P.M. this date, administrative rule (04-10-01) for the Department of Education, Superintendent of Public Instruction entitled "Teacher Certification Code", effective 7 days after filing with the Secretary of State.

Sincerely,

Terri Lynn Land

Secretary of State

Robin Houston, Office Supervisor

Office of the Great Seal

The communication was referred to the Clerk.

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

November 9, 2004

Please be informed that Andy Dillon was elected to fill the vacancy in the 17th State Representative District for a partial term expiring 1-1-2005, as shown by the November 2, 2004 special election returns certified by the Wayne County Board of Canvassers on November 9, 2004 and placed on the file in this office.

Sincerely,

Christopher M. Thomas

Director of Elections

The communication was referred to the Clerk.

Representative-elect Andy Dillon took and subscribed the constitutional oath of office which was administered by the Clerk of the House of Representatives, Gary L. Randall. Said oath was filed in the office of the Clerk of the House of Representatives.

Rep. Dillon was assigned seat No. 87.

Introduction of Bills

Rep. Stewart introduced

House Bill No. 6326, entitled

A bill to amend 1978 PA 368, entitled "Public health code," by amending sections 16263, 16343, 16905, 16909, 17015, 18115, 18201, 18212, 18223, and 18233 (MCL 333.16263, 333.16343, 333.16905, 333.16909, 333.17015, 333.18115, 333.18201, 333.18212, 333.18223, and 333.18233), section 16263 as amended by 2004 PA 97, section 16343as added by 1993 PA 79, section 16905 as added by 1995 PA 126, section 16909 as amended by 1997 PA 188, section 17015 as amended by 2002 PA 685, section 18115 as added by 1988 PA 421, section 18212 as amended by 1987 PA 20, section 18223 as amended by 1986 PA 174, and section 18233 as amended by 1994 PA 234.

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

Rep. Hardman introduced

House Bill No. 6327, entitled

A bill to amend 1976 PA 388, entitled "Michigan campaign finance act," (MCL 169.201 to 169.282) by adding section 58.

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

Rep. Acciavatti introduced

House Bill No. 6328, entitled

A bill to amend 1893 PA 206, entitled "The general property tax act," by amending section 7cc (MCL 211.7cc), as amended by 2003 PA 247.

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

Reps. Wenke, Palsrok, O'Neil, Richardville and Hune introduced

House Bill No. 6329, entitled

A bill to amend 1987 PA 96, entitled "The mobile home commission act," by amending section 30i (MCL 125.2330i), as added by 2003 PA 44.

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

Reps. Bradstreet, Adamini, Tabor, Casperson, LaJoy and Middaugh introduced

House Bill No. 6330, entitled

A bill to amend 1991 PA 179, entitled "Michigan telecommunications act," by amending section 304 (MCL 484.2304), as amended by 2000 PA 295.

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

Reps. Bradstreet, Acciavatti, Tabor, Hummel, Garfield, Pumford, Drolet, Casperson and Hoogendyk introduced

House Bill No. 6331, entitled

A bill to amend 1961 PA 236, entitled "Revised judicature act of 1961," by amending section 2421c (MCL 600.2421c), as added by 1984 PA 197.

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

Rep. Bradstreet introduced

House Bill No. 6332, entitled

A bill to allow the state to acquire and convey land in Otsego county.

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

By unanimous consent the House returned to the order of

Reports of Standing Committees

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

House Bill No. 4975, entitled

A bill to amend 1976 PA 451, entitled "The revised school code," (MCL 380.1 to 380.1852) by adding section 1136.

With the recommendation that the substitute (H-3) be adopted and that the bill then pass.

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

Favorable Roll Call

To Report Out:

Yeas: Reps. Ehardt, Vander Veen, Ruth Johnson, Rocca, Woronchak, Robertson, Gaffney, Ward, Wojno, Hardman and Clack

Nays: Rep. Van Regenmorter

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

House Bill No. 5205, entitled

A bill to amend 1978 PA 368, entitled "Public health code," by amending sections 16131 and 16263 (MCL 333.16131 and 333.16263), as amended by 2001 PA 139, and by adding section 16322 and part 165.

With the recommendation that the substitute (H-3) be adopted and that the bill then pass.

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

Favorable Roll Call

To Report Out:

Yeas: Reps. Ehardt, Vander Veen, Ruth Johnson, Rocca, Woronchak, Van Regenmorter, Robertson, Gaffney, Ward, Wojno, Hardman and Gillard

Nays: None

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

House Bill No. 5233, entitled

A bill to amend 1978 PA 368, entitled "Public health code," by amending sections 16131 and 16263 (MCL 333.16131 and 333.16263), as amended by 2001 PA 139, and by adding section 16346 and part 165.

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

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

Favorable Roll Call

To Report Out:

Yeas: Reps. Ehardt, Vander Veen, Hart, Woronchak, Van Regenmorter, Robertson, Gaffney, Ward, Wojno, Hardman and O'Neil

Nays: None

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

House Bill No. 5308, entitled

A bill to amend 1978 PA 368, entitled "Public health code," by amending sections 16131 and 16263 (MCL 333.16131 and 333.16263), as amended by 2001 PA 139, and by adding section 16346 and part 176.

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

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

Favorable Roll Call

To Report Out:

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

Nays: None

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

House Bill No. 5408, entitled

A bill to amend 1978 PA 368, entitled "Public health code," by amending sections 16131 and 16263 (MCL 333.16131 and 333.16263), as amended by 2001 PA 139, and by adding section 16346 and part 183A.

With the recommendation that the substitute (H-3) be adopted and that the bill then pass.

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

Favorable Roll Call

To Report Out:

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

Nays: None

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

House Bill No. 6102, entitled

A bill to amend 1978 PA 368, entitled "Public health code," by amending section 20910 (MCL 333.20910), as amended by 2000 PA 375.

With the recommendation that the substitute (H-3) be adopted and that the bill then pass.

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

Favorable Roll Call

To Report Out:

Yeas: Reps. Ehardt, Vander Veen, Ruth Johnson, Hart, Woronchak, Gaffney, Ward, Wojno, Hardman, O'Neil, Gillard and Clack

Nays: None

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

House Bill No. 6103, entitled

A bill to amend 1978 PA 368, entitled "Public health code," by amending section 20908 (MCL 333.20908), as amended by 2000 PA 375.

Without amendment and with the recommendation that the bill pass.

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

Favorable Roll Call

To Report Out:

Yeas: Reps. Ehardt, Vander Veen, Ruth Johnson, Hart, Woronchak, Gaffney, Ward, Wojno, Hardman, O'Neil, Gillard and Clack

Nays: None

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

House Bill No. 6104, entitled

A bill to amend 1978 PA 368, entitled "Public health code," (MCL 333.1101 to 333.25211) by adding section 20917a.

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

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

Favorable Roll Call

To Report Out:

Yeas: Reps. Ehardt, Vander Veen, Ruth Johnson, Hart, Woronchak, Gaffney, Ward, Wojno, Hardman, O'Neil, Gillard and Clack

Nays: None

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

House Bill No. 6245, entitled

A bill to amend 1978 PA 368, entitled "Public health code," (MCL 333.1101 to 333.25211) by adding section 21571.

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

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

Favorable Roll Call

To Report Out:

Yeas: Reps. Ehardt, Vander Veen, Ruth Johnson, Hart, Woronchak, Gaffney, Ward, Wojno, O'Neil, Gillard and Clack

Nays: None

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

Senate Bill No. 1075, entitled

A bill to amend 1978 PA 368, entitled "Public health code," by amending sections 17049 and 17549 (MCL 333.17049 and 333.17549), as added by 1990 PA 247.

Without amendment and with the recommendation that the bill pass.

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

Favorable Roll Call

To Report Out:

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

Nays: None

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

Senate Bill No. 1129, entitled

A bill to amend 1978 PA 368, entitled "Public health code," by amending sections 5114 and 5114a (MCL 333.5114 and 333.5114a), as added by 1988 PA 489.

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

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

Favorable Roll Call

To Report Out:

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

Nays: None

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Tuesday, November 9, 2004

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

Absent: Reps. Hune and Adamini

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

House Bill No. 6284, entitled

A bill to amend 2003 PA 215, entitled "Credit union act," by amending sections 102, 104, 201, 203, 212, 214, 217, 234, 301, 302, 304, 307, 331, 341, 342, 345, 352, 357, 371, 373, 374, 382, 386, 401, 402, 407, and 423 (MCL 490.102, 490.104, 490.201, 490.203, 490.212, 490.214, 490.217, 490.234, 490.301, 490.302, 490.304, 490.307, 490.331, 490.341, 490.342, 490.345, 490.352, 490.357, 490.371, 490.373, 490.374, 490.382, 490.386, 490.401, 490.402, 490.407, and 490.423).

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

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

Favorable Roll Call

To Report Out:

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

Nays: None

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Tuesday, November 9, 2004

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

Absent: Reps. DeRoche, Milosch and Lipsey

Excused: Reps. DeRoche, Milosch and Lipsey

The Committee on Agriculture and Resource Management, by Rep. Meyer, Chair, reported

House Bill No. 6243, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," (MCL 324.101 to 324.90106) by adding part 632.

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

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

Favorable Roll Call

To Report Out:

Yeas: Reps. Meyer, Nitz, DeRossett, Casperson, Hune, Stahl, Sheltrown, Rivet, Spade and Law

Nays: None

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Tuesday, November 9, 2004

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

Absent: Rep. Hager

Excused: Rep. Hager

The Committee on Education, by Rep. Palmer, Chair, reported

Senate Bill No. 677, entitled

A bill to amend 1937 PA 306, entitled "An act to promote the safety, welfare, and educational interests of the people of the state of Michigan by regulating the construction, reconstruction, and remodeling of certain public or private school buildings or additions to such buildings, by regulating the construction, reconstruction, and remodeling of buildings leased or acquired for school purposes, and to define the class of buildings affected by this act; to prescribe the powers and duties of certain state agencies and officials; to prescribe penalties for the violation of this act; and to repeal acts and parts of acts," by amending section 1 (MCL 388.851), as amended by 2003 PA 254.

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

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

Favorable Roll Call

To Report Out:

Yeas: Reps. Palmer, Hummel, Meyer, Bradstreet, Hart, Ruth Johnson, Tabor, Voorhees, Vander Veen, Nofs, Stahl, Gieleghem, Vagnozzi, Spade, Smith and Hopgood

Nays: None

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Tuesday, November 9, 2004

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

Absent: Reps. Hager and Meisner

Excused: Reps. Hager and Meisner

COMMITTEE ATTENDANCE REPORT

The following report, submitted by Rep. Rocca, Chair, of the Committee on Regulatory Reform, was received and read:

Meeting held on: Tuesday, November 9, 2004

Present: Reps. Rocca, Gaffney, Julian, Palsrok, Sheen, Wojno, Meisner, Hopgood and Gieleghem

Absent: Reps. Bisbee and DeRoche

Excused: Reps. Bisbee and DeRoche

COMMITTEE ATTENDANCE REPORT

The following report, submitted by Rep. Bradstreet, Chair, of the Committee on Energy and Technology, was received and read:

Meeting held on: Tuesday, November 9, 2004

Present: Reps. Bradstreet, Huizenga, Middaugh, Bisbee, Casperson, Garfield, LaJoy, Nitz, Palsrok, Stahl, McConico, Rivet, Daniels, Woodward, Hopgood and Murphy

Absent: Reps. LaSata, DeRoche and Stallworth

Excused: Reps. LaSata, DeRoche and Stallworth

______

Rep. Meisner moved that the House adjourn.

The motion prevailed, the time being 4:55 p.m.

The Speaker Pro Tempore declared the House adjourned until Wednesday, November 10, at 1:00 p.m.

GARY L. RANDALL

Clerk of the House of Representatives