2004-HJ-11-10-086.htm

No. 86

STATE OF MICHIGAN

JOURNAL

OF THE

House of Representatives

92nd Legislature

REGULAR SESSION OF 2004

House Chamber, Lansing, Wednesday, November 10, 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 Gaffney--present Meisner--present Sheen--present

Acciavatti--present Garfield--present Meyer--present Sheltrown--present

Adamini--present Gieleghem--present Middaugh--present Shulman--present

Amos--present Gillard--present Milosch--present Smith--excused

Anderson--present Gleason--present Minore--present Spade--present

Bieda--present Hager--present Moolenaar--present Stahl--present

Bisbee--present Hardman--present Mortimer--present Stakoe--present

Bradstreet--present Hart--present Murphy--present Stallworth--present

Brandenburg--present Hood--present Newell--present Steil--present

Brown--excused Hoogendyk--present Nitz--present Stewart--present

Byrum--present Hopgood--present Nofs--present Tabor--present

Casperson--present Howell--present O'Neil--present Taub--present

Caswell--present Huizenga--present Palmer--present Tobocman--present

Caul--present Hummel--present Palsrok--present Vagnozzi--present

Cheeks--present Hune--present Pappageorge--present Van Regenmorter--present

Clack--present Hunter--present Pastor--present Vander Veen--present

Condino--present Jamnick--present Phillips--present Voorhees--present

Daniels--present Johnson, Rick--present Plakas--present Walker--present

Dennis--present Johnson, Ruth--present Pumford--present Ward--present

DeRoche--present Julian--present Reeves--present Waters--present

DeRossett--present Koetje--present Richardville--present Wenke--present

Dillon--present Kolb--present Rivet--present Whitmer--present

Drolet--present Kooiman--present Robertson--present Williams--present

Ehardt--present LaJoy--present Rocca--present Wojno--present

Elkins--present LaSata--present Sak--present Woodward--present

Emmons--present Law--present Shackleton--present Woronchak--present

Farhat--present Lipsey--present Shaffer--present Zelenko--present

Farrah--present McConico--present

e/d/s = entered during session

Rep. David Palsrok, from the 101st District, offered the following invocation:

"Dear Lord, thank You for this day and thank You for allowing us to serve the great people of this state.

Lord, as we are on the eve of Veteran's day let us remember all those who have served this nation in the great pursuit of freedom... justice... and liberty. We know it is their sacrifices that have protected us and have made this nation great.

Lord, we ask that You be with the many veterans who still suffer from the deep scars of war. Those scars may be physical, psychological, or emotional we ask Lord that You place Your healing hands upon them as they travel the almost endless road of recovery.

Lord, we ask You to also be in the hearts of the families that may have lost their loved ones in the ultimate sacrifice.

Oh Lord, also be with our troops today and everyday as many of our great patriots are in harms way. We ask that You protect them in the palm of Your hand as it is they who protect us.

We give thanks Lord in the opportunity You have given us. Let us use our mouths to communicate, our ears to listen, our brains to understand, our hearts to feel compassion and our hands to lift up our neighbors.

We ask for Your strength, wisdom, courage, and understanding.

We pray in Your name... Amen."

______

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

The motion prevailed.

Messages from the Senate

House Bill No. 5843, entitled

A bill to amend 1951 PA 33, entitled "An act to provide police and fire protection for townships and for certain areas in townships, certain incorporated villages, and cities under 15,000 population; to authorize contracting for fire and police protection; to authorize the purchase of fire and police equipment, and the maintenance and operation of the equipment; to provide for defraying the cost of the equipment; to authorize the creation of special assessment districts and the levying and collecting of special assessments; to authorize the issuance of special assessment bonds in anticipation of the collection of special assessments and the advancement of the amount necessary to pay such bonds, and to provide for reimbursement for such advances by reassessment if necessary; to authorize the collection of fees for certain emergency services in townships and other municipalities; to authorize the creation of administrative boards and to prescribe their powers and duties; to provide for the appointment of traffic officers and to prescribe their powers and duties; and to repeal certain acts and parts of acts," by amending section 6 (MCL 41.806), as amended by 1989 PA 81.

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.

House Bill No. 6169, entitled

A bill to amend 1927 PA 175, entitled "The code of criminal procedure," by amending sections 14h and 16o of chapter XVII (MCL 777.14h and 777.16o), section 14h as amended by 2003 PA 134 and section 16o as amended by 2000 PA 389.

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. 6174, entitled

A bill to amend 1976 PA 331, entitled "Michigan consumer protection act," by amending section 3 (MCL 445.903), as amended by 2002 PA 613.

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. 5529, entitled

A bill to authorize the state administrative board to convey certain state owned property in Ingham county; to prescribe conditions for the conveyance; and to provide for disposition of the revenue from the conveyance.

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 authorize the state administrative board to convey certain parcels of state owned property in Ingham county and Kent county; to prescribe conditions for the conveyances; to provide for certain powers and duties of certain state departments and agencies with regard to the conveyances; and to provide for disposition of the revenue from the conveyances.

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

House Bill No. 6173, entitled

A bill to amend 1985 PA 87, entitled "Crime victim's rights act," (MCL 780.751 to 780.834) by adding sections 4a, 33b, and 64a.

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 amend 1985 PA 87, entitled "An act to establish the rights of victims of crime and juvenile offenses; to provide for certain procedures; to establish certain immunities and duties; to limit convicted criminals from deriving profit under certain circumstances; to prohibit certain conduct of employers or employers' agents toward victims; and to provide for penalties and remedies," (MCL 780.751 to 780.834) by adding sections 4a and 33b.

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

House Bill No. 6177, entitled

A bill to amend 1931 PA 328, entitled "The Michigan penal code," (MCL 750.1 to 750.568) by adding section 539k.

The Senate has amended the bill as follows:

1. Amend page 1, line 3, after "photograph," by striking out the balance of the line through "transmit" on line 4 and inserting "or otherwise capture or record, electronically or by any other means, or distribute, disseminate, or transmit, electronically or by any other means,".

2. Amend page 1, following line 9, by inserting:

"(3) This section does not apply to a peace officer of this state, or of the federal government, or the officer's agent, while in the lawful performance of the officer's duties.

(4) This section does not prohibit a person from being charged with, convicted of, or punished for any other violation of law committed by that person while violating or attempting to violate this section." and renumbering the remaining subsections.

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

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

Senate Bill No. 220, entitled

A bill to amend 1976 PA 331, entitled "An act to prohibit certain methods, acts, and practices in trade or commerce; to prescribe certain powers and duties; to provide for certain remedies, damages, and penalties; to provide for the promulgation of rules; to provide for certain investigations; and to prescribe penalties," by amending section 3 (MCL 445.903), as amended by 2002 PA 613.

The Senate has substituted (S-3) the House substitute (H-3).

The Senate has concurred in the House substitute (H-3) as substituted (S-3), 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.

Senate Bill No. 657, entitled

The Senate has substituted (S-1) the House substitute (H-4).

The Senate has concurred in the House substitute (H-4) as substituted (S-1), 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.

By unanimous consent the House returned to the order of

Reports of Standing Committees

The Committee on Energy and Technology, by Rep. Bradstreet, Chair, reported

House Bill No. 6314, entitled

A bill to amend 1925 PA 368, entitled "An act to prohibit obstructions and encroachments on public highways, to provide for the removal thereof, to prescribe the conditions under which telegraph, telephone, power, and other public utility companies, cable television companies and municipalities may enter upon, construct and maintain telegraph, telephone, power or cable television lines, pipe lines, wires, cables, poles, conduits, sewers and like structures upon, over, across or under public roads, bridges, streets and waters and to provide penalties for the violation of this act," by amending section 13 (MCL 247.183), as amended by 2002 PA 151.

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. Bradstreet, Huizenga, Middaugh, Bisbee, LaSata, Casperson, DeRoche, Garfield, Palsrok, Stahl and Rivet

Nays: Reps. Nitz, McConico, Woodward, Hopgood, Murphy and Stallworth

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: Wednesday, November 10, 2004

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

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Wednesday, November 10, 2004

Present: Reps. Shulman, Emmons, Caul, Pumford, Shackleton, Newell, Stewart, Acciavatti, Amos, Farhat, Hoogendyk, Moolenaar, Pastor, Shaffer, Steil, Taub, Walker, Brandenburg, Whitmer, Kolb, Phillips, Plakas, Reeves, Williams, Cheeks, Hunter, Sak, Zelenko and O'Neil

Absent: Reps. Kooiman, Caswell, Mortimer and Brown

Excused: Reps. Kooiman, Caswell, Mortimer and Brown

______

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

Second Reading of Bills

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.

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

The substitute (H-2) 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.

______

Rep. Waters moved that Rep. Hardman 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. 6310, 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. 888 Yeas--105

Accavitti Garfield Meyer Sheen

Acciavatti Gieleghem Middaugh Sheltrown

Adamini Gillard Milosch Shulman

Amos Gleason Minore Spade

Anderson Hager Moolenaar Stahl

Bieda Hart Mortimer Stakoe

Bisbee Hood Murphy Stallworth

Brandenburg 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, Ruth Phillips Voorhees

Dennis Julian Plakas Walker

DeRoche Koetje Pumford Ward

DeRossett Kolb Reeves Waters

Dillon 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: Ehardt

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

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.

______

The Speaker Pro Tempore resumed the Chair.

Second Reading of Bills

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.

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.

______

Rep. Waters moved that Reps. Dennis and Hood 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. 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.

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

Roll Call No. 889 Yeas--88

Accavitti Gaffney Middaugh Sheltrown

Adamini Garfield Minore Shulman

Amos Gieleghem Moolenaar Spade

Anderson Gillard Mortimer Stahl

Bieda Gleason Murphy Stakoe

Bisbee Hager Newell Stallworth

Brandenburg Hart Nitz Stewart

Byrum Hopgood Nofs Tabor

Casperson Howell O'Neil Tobocman

Caswell Huizenga Palsrok Vagnozzi

Caul Hunter Pappageorge Van Regenmorter

Cheeks Jamnick Pastor Vander Veen

Clack Johnson, Ruth Phillips Voorhees

Condino Julian Plakas Ward

Daniels Koetje Pumford Waters

DeRossett Kolb Reeves Wenke

Dillon LaJoy Richardville Whitmer

Ehardt Law Rivet Williams

Elkins Lipsey Rocca Wojno

Emmons McConico Sak Woodward

Farhat Meisner Shackleton Woronchak

Farrah Meyer Shaffer Zelenko

Nays--15

Acciavatti Hoogendyk Milosch Steil

Bradstreet Hummel Palmer Taub

DeRoche Hune Robertson Walker

Drolet Kooiman Sheen

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. LaSata, under Rule 32, made the following statement:

"Mr. Speaker and members of the House:

I did not vote on Roll Call No. 889 because of a possible conflict of interest."

Second Reading of Bills

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).

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

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

Rep. Palsrok 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. 6284, 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. 890 Yeas--107

Accavitti Gaffney Meisner Sheen

Acciavatti Garfield Meyer Sheltrown

Adamini Gieleghem Middaugh Shulman

Amos Gillard Milosch Spade

Anderson Gleason Minore Stahl

Bieda Hager Moolenaar Stakoe

Bisbee Hart Mortimer Stallworth

Bradstreet Hood Murphy Steil

Brandenburg 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 Reeves Wenke

Dillon Kolb Richardville Whitmer

Drolet Kooiman Rivet Williams

Ehardt LaJoy Robertson Wojno

Elkins LaSata Rocca Woodward

Emmons Law Sak Woronchak

Farhat Lipsey Shackleton Zelenko

Farrah McConico Shaffer

Nays--0

In The Chair: Julian

The House agreed to the title of the bill.

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

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

Second Reading of Bills

House Bill No. 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.

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

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

Rep. Newell 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. 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.

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

Roll Call No. 891 Yeas--106

Accavitti Garfield Meyer Sheen

Acciavatti Gieleghem Middaugh Sheltrown

Adamini Gillard Milosch Shulman

Amos Gleason Minore Spade

Anderson Hager Moolenaar Stahl

Bieda Hart Mortimer Stakoe

Bisbee Hood Murphy Stallworth

Bradstreet Hoogendyk Newell Steil

Brandenburg Hopgood Nitz Stewart

Byrum Howell Nofs Tabor

Casperson Huizenga O'Neil Taub

Caswell Hummel Palmer Tobocman

Caul Hune Palsrok Vagnozzi

Cheeks Hunter Pappageorge Van Regenmorter

Clack Jamnick Pastor Vander Veen

Condino Johnson, Rick Phillips Voorhees

Daniels Johnson, Ruth Plakas Walker

Dennis Julian Pumford Ward

DeRoche Koetje Reeves Waters

DeRossett Kolb Richardville Wenke

Dillon Kooiman Rivet Whitmer

Ehardt LaJoy Robertson Williams

Elkins LaSata Rocca Wojno

Emmons Law Sak Woodward

Farhat Lipsey Shackleton Woronchak

Farrah McConico Shaffer Zelenko

Gaffney Meisner

Nays--1

Drolet

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 1978 PA 368, entitled "Public health code," by amending section 20910 (MCL 333.20910), as amended by 2004 PA 200.

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. 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.

The bill was read a second time.

Rep. Newell 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. 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.

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

Roll Call No. 892 Yeas--106

Accavitti Garfield Meyer Sheen

Acciavatti Gieleghem Middaugh Sheltrown

Adamini Gillard Milosch Shulman

Amos Gleason Minore Spade

Anderson Hager Moolenaar Stahl

Bieda Hart Mortimer Stakoe

Bisbee Hood Murphy Stallworth

Bradstreet Hoogendyk Newell Steil

Brandenburg Hopgood Nitz Stewart

Byrum Howell Nofs Tabor

Casperson Huizenga O'Neil Taub

Caswell Hummel Palmer Tobocman

Caul Hune Palsrok Vagnozzi

Cheeks Hunter Pappageorge Van Regenmorter

Clack Jamnick Pastor Vander Veen

Condino Johnson, Rick Phillips Voorhees

Daniels Johnson, Ruth Plakas Walker

Dennis Julian Pumford Ward

DeRoche Koetje Reeves Waters

DeRossett Kolb Richardville Wenke

Dillon Kooiman Rivet Whitmer

Ehardt LaJoy Robertson Williams

Elkins LaSata Rocca Wojno

Emmons Law Sak Woodward

Farhat Lipsey Shackleton Woronchak

Farrah McConico Shaffer Zelenko

Gaffney Meisner

Nays--1

Drolet

In The Chair: Julian

The House agreed to the title of the bill.

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

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

Second Reading of Bills

House Bill No. 6104, entitled

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

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

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

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

The motion prevailed.

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

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

______

Rep. Waters moved that Rep. Adamini 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. 6104, entitled

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

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

Roll Call No. 893 Yeas--105

Accavitti Gieleghem Meyer Sheen

Acciavatti Gillard Middaugh Sheltrown

Amos Gleason Milosch Shulman

Anderson Hager Minore Spade

Bieda Hart Moolenaar Stahl

Bisbee Hood Mortimer Stakoe

Bradstreet Hoogendyk Murphy Stallworth

Brandenburg Hopgood Newell Steil

Byrum Howell Nitz Stewart

Casperson Huizenga 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

Dillon Kooiman Richardville Wenke

Ehardt LaJoy Rivet Whitmer

Elkins LaSata Robertson Williams

Emmons Law Rocca Wojno

Farhat Lipsey Sak Woodward

Farrah McConico Shackleton Woronchak

Gaffney Meisner Shaffer Zelenko

Garfield

Nays--1

Drolet

In The Chair: Julian

The House agreed to the title of the bill.

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

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

Second Reading of Bills

House Bill No. 6245, entitled

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

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

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

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

The motion prevailed.

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

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

______

Rep. Waters moved that Reps. Murphy and Phillips 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. 6245, entitled

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

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

Roll Call No. 894 Yeas--105

Accavitti Gaffney McConico Sheen

Acciavatti Garfield Meisner Sheltrown

Adamini Gieleghem Meyer Shulman

Amos Gillard Middaugh Spade

Anderson Gleason Milosch Stahl

Bieda Hager Minore Stakoe

Bisbee Hart Moolenaar Stallworth

Bradstreet Hood Mortimer Steil

Brandenburg 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 Plakas Walker

Dennis Johnson, Ruth Pumford Ward

DeRoche Julian Reeves Waters

DeRossett Koetje Richardville Wenke

Dillon Kolb Rivet Whitmer

Drolet Kooiman Robertson Williams

Ehardt LaJoy Rocca Wojno

Elkins LaSata Sak Woodward

Emmons Law Shackleton Woronchak

Farhat Lipsey Shaffer Zelenko

Farrah

Nays--0

In The Chair: Julian

The House agreed to the title of the bill.

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

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

Second Reading of Bills

House Bill No. 4325, entitled

A bill to amend 1949 PA 300, entitled "Michigan vehicle code," by amending section 658 (MCL 257.658), as amended by 2002 PA 494.

The bill was read a second time.

Rep. Drolet 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. 4325, entitled

A bill to amend 1949 PA 300, entitled "Michigan vehicle code," by amending section 658 (MCL 257.658), as amended by 2002 PA 494.

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

Roll Call No. 895 Yeas--69

Accavitti Ehardt Koetje Sheen

Acciavatti Emmons LaJoy Sheltrown

Adamini Farrah Law Shulman

Amos Garfield McConico Spade

Anderson Gieleghem Meyer Stahl

Bisbee Gillard Milosch Stakoe

Bradstreet Gleason Mortimer Stallworth

Brandenburg Hart Nitz Steil

Byrum Hoogendyk Palmer Stewart

Casperson Hopgood Palsrok Tabor

Caswell Howell Pastor Voorhees

Caul Huizenga Phillips Ward

Condino Hummel Plakas Williams

Daniels Hune Pumford Wojno

DeRoche Hunter Richardville Woodward

DeRossett Johnson, Ruth Rocca Woronchak

Dillon Julian Shaffer Zelenko

Drolet

Nays--37

Bieda Johnson, Rick Murphy Shackleton

Cheeks Kolb Newell Taub

Clack Kooiman Nofs Tobocman

Dennis LaSata O'Neil Vagnozzi

Elkins Lipsey Pappageorge Van Regenmorter

Farhat Meisner Reeves Vander Veen

Gaffney Middaugh Rivet Walker

Hager Minore Robertson Waters

Hardman Moolenaar Sak Wenke

Jamnick

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. Robertson, 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:

In my first term in the House of Representatives in 1991, I was a co-sponsor of the Helmet Law repeal. I continue to believe in the individual liberties which motivated me to co-sponsor the bill at that time and are at the heart of the proponents arguments in favor of passage of HB 4325. This is one of the most difficult, if not the most difficult votes I have cast in my term in office. I opposed this bill because I believe the goal of HB 4325 proponents cannot-and will not- be achieved until a more comprehensive bill can be drafted to address the concerns raised by those who believe that the repeal of Michigan's helmet law will result in higher insurance costs for all Michigan residents under Michigan's unique No-fault auto insurance system. I believe those concerns have merit, and are the reason attempts to repeal the mandatory helmet law have continuously failed for more than two decades. This bill may be acted upon by the Senate in the few remaining days of this legislative session. If, however, it is not acted upon, and today's vote ends up a merely symbolic one, I look forward to working with ABATE and all other interested parties in the coming legislative session to craft a legislative solution that addresses the concerns of all Michigan residents, can secure passage of both the House and Senate and be signed into law by the Governor. I believe in adult choice. With resolution of the insurance issues, that goal can be achieved."

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

"Mr. Speaker and members of the House:

I voted 'no' on House Bill 4325 because of concerns of how it would affect the receipt of claims from the Michigan Catastrophic Claims Administration, which pays for health care needs resulting from the most serious traffic accidents in which private insurance caps are exceeded. It has been argued that eliminating the helmet requirement will dramatically increase these claims and ultimately the cost of insurance for Michigan citizens. Although I appreciate and respect the sentiments of those who argue for the abolition of this law, I think this Legislature owes the greater public the consideration of how this substantial change in the law may affect insurance rates. I say this in deference to the expense borne by insurance customers in this state, and the potential for far greater increases in rates that could result from this change in the law. Just this last summer, Michigan residents were hit with a twenty-seven dollar increase per vehicle for the Michigan Catastrophic Claims Association, and if the recent experiences of other states that repealed the mandatory adult helmet law are any indication, Michigan can expect to see a dramatic increase in motorcycle fatalities if this law is adopted. I note that upon abolition of similar laws in several states, notably Kentucky, which experienced a fifty percent increase in motorcycle fatalism; Louisiana, which experienced a one hundred percent increase; Arkansas which saw a twenty-nine percent increase in fatalities and Texas which saw an increase of thirty-seven percent. Indeed, a study at the University of Michigan Transportation Research Institute demonstrates that repeal of a mandatory and universally applied motorcycle helmet law in favor of an age-restricted helmet law has the following effects: Observed helmet use decreases from 99 to 40 percent; fatality rates increase from 38-70 percent; severe brain injury rates increase from 50-360 percent; and, hospital costs for motorcycle injuries increase from 38-50 percent.

Clearly the weight of the evidence is that motorcycle helmets reduce injury severity, that repeal of helmet laws decreases helmet use, and that states that repeal universal helmet laws experience increased motorcycle fatalities and injuries. While I fully believe that an informed and educated motorcycle driver can make his or her assessment of the risk, the rate payers of Michigan should not be subjected to the increased costs that another's freedoms may entail. The current law is not simply a matter of protecting individuals from themselves. The cost of treating injuries suffered in motorcycle accidents is high, and in many cases the public must indirectly bear those costs (via surcharges on vehicle insurance for catastrophic claims, as one example).

If there was a way of ensuring that others will not be paying the increased insurance costs associated with the increased risk, I would feel more inclined to support this bill. After all, adults should be treated as adults. But as it stands, with Michigan's No Fault Insurance statutes, House Bill 4325 carries the risk of higher insurance rates, and that is something I cannot support. Thank you."

Second Reading of Bills

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.

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

The substitute (H-3) 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

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.

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

Roll Call No. 896 Yeas--92

Accavitti Gleason Middaugh Sheltrown

Adamini Hager Milosch Shulman

Amos Hardman Minore Spade

Anderson Hart Moolenaar Stakoe

Bieda Hood Mortimer Stallworth

Bisbee Hopgood Murphy Steil

Brandenburg Howell Nitz Stewart

Byrum Huizenga Nofs Tabor

Caul Hunter O'Neil Tobocman

Cheeks Jamnick Palsrok Vagnozzi

Condino Johnson, Rick Pappageorge Van Regenmorter

Daniels Johnson, Ruth Pastor Vander Veen

Dennis Julian Phillips Voorhees

Dillon Koetje Plakas Walker

Ehardt Kolb Pumford Ward

Elkins Kooiman Reeves Waters

Emmons LaJoy Richardville Wenke

Farhat LaSata Rivet Whitmer

Farrah Law Robertson Williams

Gaffney Lipsey Rocca Wojno

Garfield McConico Sak Woodward

Gieleghem Meisner Shackleton Woronchak

Gillard Meyer Shaffer Zelenko

Nays--15

Acciavatti Clack Hummel Sheen

Bradstreet DeRoche Hune Stahl

Casperson Drolet Newell Taub

Caswell Hoogendyk Palmer

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 1978 PA 368, entitled "Public health code," by amending sections 16131 and 16263 (MCL 333.16131 and 333.16263), as amended by 2004 PA 97, and by adding section 16322 and part 165.

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. 5078, entitled

A bill to amend 1978 PA 368, entitled "Public health code," by amending sections 17001 and 17501 (MCL 333.17001 and 333.17501), section 17001 as amended by 1990 PA 248 and section 17501 as amended by 1990 PA 247, and by adding sections 17018 and 17518.

(The bill was read a second time, committee substitute (H-3) was adopted, amended, vote reconsidered and bill postponed for the day on November 4, see House Journal No. 84, p. 2421.)

Rep. Vander Veen moved to amend the bill as follows:

1. Amend page 4, line 23, by striking out all of subsection (3) and renumbering the remaining subsection.

2. Amend page 5, line 4, after "podiatrist" by inserting a comma and "or a physical therapist,".

3. Amend page 7, line 15, by striking out all of subsection (3) and renumbering the remaining subsection.

4. Amend page 7, line 23, after "podiatrist" by inserting a comma and "or a physical therapist,".

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

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

The motion prevailed.

By unanimous consent the House returned to the order of

Reports of Standing Committees

The Committee on Higher Education, by Rep. Voorhees, Chair, reported

House Bill No. 5966, entitled

A bill to amend 1972 PA 251, entitled "An act to provide for the reciprocal exchange of educational services between this state and other states; to provide for reduced or waived tuition, and to designate the state agency for negotiating agreements," by amending sections 1, 3, and 4 (MCL 390.501, 390.503, and 390.504).

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. Voorhees, LaSata, Stakoe, Dennis and Hood

Nays: None

The Committee on Higher Education, by Rep. Voorhees, Chair, reported

House Bill No. 6242, entitled

A bill to amend 1966 PA 331, entitled "Community college act of 1966," by amending section 41 (MCL 389.41), as amended by 2000 PA 488.

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. Voorhees, LaSata, Stakoe, Dennis and Hood

Nays: None

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Wednesday, November 10, 2004

Present: Reps. Voorhees, LaSata, Stakoe, Dennis and Hood

Absent: Reps. Hart and Smith

Excused: Reps. Hart and Smith

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

House Bill No. 4944, entitled

A bill to regulate the business of deferred presentment services; to require the licensing of providers of deferred presentment services; to prescribe powers and duties of certain state agencies and officials; and to prescribe penalties and provide remedies.

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

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

Favorable Roll Call

To Report Out:

Yeas: Reps. Bisbee, DeRoche, Koetje, Middaugh, Huizenga, Hune, Palsrok, Wenke, Rivet, O'Neil and McConico

Nays: Reps. Lipsey, Murphy, Tobocman and Accavitti

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

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.

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. Bisbee, DeRoche, Koetje, Middaugh, Palmer, Hune, Palsrok, O'Neil, Lipsey, Tobocman and Accavitti

Nays: None

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

House Bill No. 5747, entitled

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

Without amendment and with the recommendation that the bill pass.

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

Favorable Roll Call

To Report Out:

Yeas: Reps. Bisbee, DeRoche, Koetje, Middaugh, Hune, Palsrok, O'Neil, Lipsey, Tobocman and Accavitti

Nays: None

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

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.

Without amendment and with the recommendation that the bill pass.

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

Favorable Roll Call

To Report Out:

Yeas: Reps. Bisbee, DeRoche, Koetje, Middaugh, Hune, Palsrok, O'Neil, Lipsey, Tobocman and Accavitti

Nays: None

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

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.

Without amendment and with the recommendation that the bill pass.

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

Favorable Roll Call

To Report Out:

Yeas: Reps. Bisbee, DeRoche, Koetje, Middaugh, Hune, Palsrok, O'Neil, Lipsey, Tobocman and Accavitti

Nays: None

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

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.

Without amendment and with the recommendation that the bill pass.

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

Favorable Roll Call

To Report Out:

Yeas: Reps. Bisbee, DeRoche, Koetje, Middaugh, Hune, Palsrok, O'Neil, Lipsey, Tobocman and Accavitti

Nays: None

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

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.

Without amendment and with the recommendation that the bill pass.

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

Favorable Roll Call

To Report Out:

Yeas: Reps. Bisbee, DeRoche, Koetje, Middaugh, Hune, Palsrok, O'Neil, Lipsey, Tobocman and Accavitti

Nays: None

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

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.

Without amendment and with the recommendation that the bill pass.

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

Favorable Roll Call

To Report Out:

Yeas: Reps. Bisbee, DeRoche, Koetje, Middaugh, Palmer, Hune, Palsrok, O'Neil, Lipsey, Tobocman and Accavitti

Nays: None

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

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.

Without amendment and with the recommendation that the bill pass.

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

Favorable Roll Call

To Report Out:

Yeas: Reps. Bisbee, DeRoche, Koetje, Middaugh, Palmer, Hune, Palsrok, O'Neil, Lipsey, Tobocman and Accavitti

Nays: None

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

House Bill No. 5754, entitled

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

Without amendment and with the recommendation that the bill pass.

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

Favorable Roll Call

To Report Out:

Yeas: Reps. Bisbee, DeRoche, Koetje, Middaugh, Palmer, Hune, Palsrok, O'Neil, Lipsey, Tobocman and Accavitti

Nays: None

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

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.

Without amendment and with the recommendation that the bill pass.

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

Favorable Roll Call

To Report Out:

Yeas: Reps. Bisbee, DeRoche, Koetje, Middaugh, Palmer, Hune, Palsrok, O'Neil, Lipsey, Tobocman and Accavitti

Nays: None

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

House Bill No. 5756, entitled

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

Without amendment and with the recommendation that the bill pass.

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

Favorable Roll Call

To Report Out:

Yeas: Reps. Bisbee, DeRoche, Koetje, Middaugh, Palmer, Hune, Palsrok, O'Neil, Lipsey, Tobocman and Accavitti

Nays: None

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

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.

Without amendment and with the recommendation that the bill pass.

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

Favorable Roll Call

To Report Out:

Yeas: Reps. Bisbee, DeRoche, Koetje, Middaugh, Palmer, Hune, Palsrok, O'Neil, Lipsey, Tobocman and Accavitti

Nays: None

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

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.

Without amendment and with the recommendation that the bill pass.

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

Favorable Roll Call

To Report Out:

Yeas: Reps. Bisbee, DeRoche, Koetje, Middaugh, Palmer, Hune, Palsrok, O'Neil, Lipsey, Tobocman and Accavitti

Nays: None

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

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.

Without amendment and with the recommendation that the bill pass.

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

Favorable Roll Call

To Report Out:

Yeas: Reps. Bisbee, DeRoche, Koetje, Middaugh, Palmer, Hune, Palsrok, O'Neil, Lipsey, Tobocman and Accavitti

Nays: None

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

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.

Without amendment and with the recommendation that the bill pass.

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

Favorable Roll Call

To Report Out:

Yeas: Reps. Bisbee, DeRoche, Koetje, Middaugh, Palmer, Hune, Palsrok, O'Neil, Lipsey, Tobocman and Accavitti

Nays: None

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

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.

Without amendment and with the recommendation that the bill pass.

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

Favorable Roll Call

To Report Out:

Yeas: Reps. Bisbee, DeRoche, Koetje, Middaugh, Palmer, Hune, Palsrok, O'Neil, McConico, Lipsey, Tobocman and Accavitti

Nays: None

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Wednesday, November 10, 2004

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

Absent: Reps. Howell and Milosch

Excused: Reps. Howell and Milosch

The Committee on Land Use and Environment, by Rep. LaJoy, Vice-Chair, reported

House Bill No. 4406, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," (MCL 324.101 to 324.90106) by adding part 146.

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. LaJoy, Ehardt, Nitz, Ward, Farrah, Dennis and Law

Nays: None

The Committee on Land Use and Environment, by Rep. LaJoy, Vice-Chair, reported

House Bill No. 6235, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending sections 16901 and 16908 (MCL 324.16901 and 324.16908), as amended by 2002 PA 496.

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. LaJoy, Ehardt, Nitz, Ward, Farrah and Dennis

Nays: None

The Committee on Land Use and Environment, by Rep. LaJoy, Vice-Chair, reported

House Bill No. 6295, entitled

A bill to amend 1967 PA 288, entitled "Land division act," by amending section 222 (MCL 560.222) and by adding section 222a.

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. LaJoy, Ehardt, DeRossett, Milosch, Nitz, Ward, Farrah and Law

Nays: None

The Committee on Land Use and Environment, by Rep. LaJoy, Vice-Chair, reported

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.

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. LaJoy, Ehardt, Nitz, Ward, Farrah, Dennis and Law

Nays: None

The Committee on Land Use and Environment, by Rep. LaJoy, Vice-Chair, reported

Senate Bill No. 790, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," (MCL 324.101 to 324.90106) by adding part 173.

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. LaJoy, Ehardt, DeRossett, Milosch, Nitz and Ward

Nays: Reps. Farrah, Gieleghem and Law

The Committee on Land Use and Environment, by Rep. LaJoy, Vice-Chair, reported

Senate Bill No. 854, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," (MCL 324.101 to 324.90106) by adding part 174.

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. LaJoy, Ehardt, DeRossett, Milosch, Nitz and Ward

Nays: Reps. Farrah, Gieleghem and Law

The Committee on Land Use and Environment, by Rep. LaJoy, Vice-Chair, reported

Senate Bill No. 1432, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," (MCL 324.101 to 324.90106) by adding part 312.

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. LaJoy, Ehardt, Nitz, Ward, Farrah and Law

Nays: None

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Wednesday, November 10, 2004

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

Absent: Rep. Ruth Johnson

Excused: Rep. Ruth Johnson

Second Reading of Bills

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.

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

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

Rep. Rick Johnson moved to amend the bill as follows:

1. Amend page 5, line 9, after "mine." by inserting "However, the department shall not promulgate rules under this part after 1 year after the effective date of this part.".

The motion prevailed and the amendment 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.

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. 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.

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

Roll Call No. 897 Yeas--108

Accavitti Gaffney McConico Shaffer

Acciavatti Garfield Meisner Sheen

Adamini Gieleghem Meyer Sheltrown

Amos Gillard Middaugh Shulman

Anderson Gleason Milosch Spade

Bieda Hager Minore Stahl

Bisbee Hardman Moolenaar Stakoe

Bradstreet Hart Mortimer Stallworth

Brandenburg Hood Murphy Steil

Byrum Hoogendyk Newell Stewart

Casperson Hopgood Nitz Tabor

Caswell Howell Nofs Taub

Caul Huizenga O'Neil Tobocman

Cheeks Hummel Palmer Vagnozzi

Clack Hune Palsrok Van Regenmorter

Condino Hunter Pappageorge Vander Veen

Daniels Jamnick Pastor Voorhees

Dennis Johnson, Rick Phillips Walker

DeRoche Johnson, Ruth Plakas Ward

DeRossett Julian Pumford Waters

Dillon Koetje Reeves Wenke

Drolet Kolb Richardville Whitmer

Ehardt Kooiman Rivet Williams

Elkins LaJoy Robertson Wojno

Emmons LaSata Rocca Woodward

Farhat Law Sak Woronchak

Farrah Lipsey Shackleton 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.

By unanimous consent the House returned to the order of

Messages from the Senate

House Bill No. 4358, entitled

A bill to amend 1949 PA 300, entitled "Michigan vehicle code," by amending sections 719 and 724 (MCL 257.719 and 257.724), section 719 as amended by 2003 PA 142 and section 724 as amended by 1988 PA 346, and by adding section 724a.

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,

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

The motion prevailed.

Second Reading of Bills

Rep. Richardville moved that Rule 48 be suspended.

The question being on the motion made by Rep. Richardville,

Rep. Waters demanded the yeas and nays.

The demand was supported.

The question being on the motion made by Rep. Richardville,

The motion prevailed, 3/5 of the members present voting therefor, by yeas and nays, as follows:

Roll Call No. 898 Yeas--65

Acciavatti Hart Moolenaar Sheen

Amos Hoogendyk Mortimer Sheltrown

Bisbee Howell Newell Shulman

Bradstreet Huizenga Nitz Stahl

Brandenburg Hummel Nofs Stakoe

Casperson Hune Palmer Steil

Caswell Johnson, Rick Palsrok Stewart

Caul Johnson, Ruth Pappageorge Tabor

DeRoche Julian Pastor Taub

DeRossett Koetje Pumford Van Regenmorter

Drolet Kooiman Richardville Vander Veen

Ehardt LaJoy Rivet Voorhees

Emmons LaSata Robertson Walker

Farhat Meyer Rocca Ward

Gaffney Middaugh Shackleton Wenke

Garfield Milosch Shaffer Woronchak

Hager

Nays--38

Accavitti Dillon Law Spade

Adamini Elkins Lipsey Stallworth

Anderson Farrah Meisner Vagnozzi

Bieda Gieleghem Minore Waters

Byrum Gleason Murphy Whitmer

Cheeks Hardman O'Neil Williams

Clack Hood Plakas Wojno

Condino Hopgood Reeves Woodward

Daniels Jamnick Sak Zelenko

Dennis Kolb

In The Chair: Julian

House Bill No. 6314, entitled

The bill was read a second time.

Rep. Murphy moved to amend the bill as follows:

1. Amend page 2, line 18, after "(1)" by inserting "except under circumstances in which a liquid petroleum pipeline is proposed for construction within 500 feet of 1 or more public water wells in that city, village, or township".

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

Rep. Murphy demanded the yeas and nays.

The demand was supported.

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

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

Roll Call No. 899 Yeas--36

Accavitti Dennis Lipsey Stallworth

Anderson Dillon McConico Vagnozzi

Bieda Gieleghem Meisner Waters

Byrum Hardman Minore Whitmer

Caul Hood Murphy Williams

Cheeks Hopgood Plakas Wojno

Clack Hunter Reeves Woodward

Condino Kolb Sak Woronchak

Daniels Law Spade Zelenko

Nays--62

Acciavatti Gillard Milosch Shaffer

Amos Hart Moolenaar Sheen

Bisbee Hoogendyk Mortimer Sheltrown

Bradstreet Howell Newell Stahl

Brandenburg Huizenga Nitz Stakoe

Casperson Hummel Nofs Steil

Caswell Hune Palmer Stewart

DeRoche Johnson, Rick Palsrok Tabor

DeRossett Johnson, Ruth Pappageorge Taub

Drolet Julian Pastor Van Regenmorter

Elkins Koetje Richardville Vander Veen

Emmons Kooiman Rivet Voorhees

Farhat LaJoy Robertson Walker

Farrah LaSata Rocca Ward

Gaffney Meyer Shackleton Wenke

Garfield Middaugh

In The Chair: Julian

Rep. Murphy moved to amend the bill as follows:

1. Amend page 2, line 18, after "(1)" by inserting "except under circumstances in which a liquid petroleum pipeline is proposed for construction within 500 feet of an existing school or existing public or private child care center or day care center or public or private child caring institution in that city, village, or township. As used in this section "school" means that term as defined in section 237a of the Michigan penal code, 1931 PA 328, MCL 750.237a".

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

Rep. Murphy demanded the yeas and nays.

The demand was supported.

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

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

Roll Call No. 900 Yeas--37

Accavitti Dillon McConico Stallworth

Adamini Gieleghem Meisner Vagnozzi

Anderson Gleason Minore Waters

Bieda Hardman Murphy Whitmer

Byrum Hood Phillips Williams

Cheeks Hopgood Plakas Wojno

Clack Hunter Reeves Woodward

Condino Kolb Sak Woronchak

Daniels Law Spade Zelenko

Dennis

Nays--64

Acciavatti Garfield Meyer Shaffer

Amos Gillard Middaugh Sheen

Bisbee Hager Milosch Sheltrown

Bradstreet Hart Moolenaar Shulman

Brandenburg Hoogendyk Mortimer Stahl

Casperson Howell Newell Stakoe

Caswell Huizenga Nitz Steil

Caul Hummel Nofs Stewart

DeRoche Hune Palsrok Tabor

DeRossett Johnson, Rick Pappageorge Taub

Drolet Johnson, Ruth Pastor Van Regenmorter

Elkins Julian Pumford Vander Veen

Emmons Koetje Richardville Voorhees

Farhat Kooiman Robertson Walker

Farrah LaJoy Rocca Ward

Gaffney LaSata Shackleton Wenke

In The Chair: Julian

Rep. Hopgood moved to amend the bill as follows:

1. Amend page 2, line 18, after "(1)" by inserting "except under circumstances in which a liquid petroleum pipeline is proposed for construction within 500 feet of an existing hospital or nursing home in that city, village, or township.".

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

Rep. Hopgood demanded the yeas and nays.

The demand was supported.

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

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

Roll Call No. 901 Yeas--37

Accavitti Dillon Lipsey Stallworth

Adamini Gieleghem McConico Tobocman

Anderson Gleason Meisner Vagnozzi

Bieda Hardman Minore Waters

Byrum Hood Murphy Whitmer

Cheeks Hopgood Plakas Williams

Clack Hunter Reeves Wojno

Condino Kolb Sak Woodward

Daniels Law Spade Zelenko

Dennis

Nays--63

Acciavatti Hager Milosch Sheen

Amos Hart Moolenaar Sheltrown

Bisbee Hoogendyk Mortimer Shulman

Bradstreet Howell Newell Stahl

Brandenburg Huizenga Nitz Stakoe

Casperson Hummel Nofs Steil

Caswell Hune Palmer Stewart

Caul Johnson, Rick Palsrok Tabor

DeRossett Johnson, Ruth Pappageorge Taub

Drolet Julian Pastor Van Regenmorter

Elkins Koetje Pumford Vander Veen

Emmons Kooiman Richardville Voorhees

Farhat LaJoy Robertson Walker

Gaffney LaSata Rocca Ward

Garfield Meyer Shackleton Wenke

Gillard Middaugh Shaffer

In The Chair: Julian

Rep. Stallworth moved to amend the bill as follows:

1. Amend page 2, line 18, after "(1)" by inserting "except under circumstances in which a liquid petroleum pipeline is proposed for construction in a city, village, or township in which 1,000 or more residents of that city, village, or township live within 1/4 mile of the proposed liquid petroleum pipeline route".

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. 902 Yeas--36

Accavitti Gleason McConico Tobocman

Anderson Hardman Meisner Vagnozzi

Byrum Hood Minore Waters

Cheeks Hopgood Murphy Whitmer

Clack Hunter Phillips Williams

Condino Jamnick Reeves Wojno

Daniels Kolb Sak Woodward

Dennis Law Spade Woronchak

Gieleghem Lipsey Stallworth Zelenko

Nays--63

Acciavatti Gaffney LaSata Shackleton

Amos Garfield Middaugh Sheen

Bieda Gillard Milosch Sheltrown

Bisbee Hager Moolenaar Shulman

Bradstreet Hart Newell Stahl

Brandenburg Hoogendyk Nitz Stakoe

Casperson Howell Nofs Steil

Caswell Huizenga Palmer Tabor

Caul Hummel Palsrok Taub

DeRoche Hune Pappageorge Van Regenmorter

DeRossett Johnson, Rick Pastor Vander Veen

Dillon Johnson, Ruth Pumford Voorhees

Drolet Julian Richardville Walker

Elkins Koetje Rivet Ward

Emmons Kooiman Robertson Wenke

Farhat LaJoy Rocca

In The Chair: Julian

Rep. Minore moved to amend the bill as follows:

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

Rep. Minore demanded the yeas and nays.

The demand was supported.

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

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

Roll Call No. 903 Yeas--33

Accavitti Dillon McConico Tobocman

Anderson Gieleghem Meisner Vagnozzi

Bieda Hardman Middaugh Waters

Byrum Hopgood Minore Whitmer

Cheeks Jamnick Murphy Williams

Clack Kolb Sak Wojno

Condino Law Spade Woronchak

Daniels Lipsey Stallworth Zelenko

Dennis

Nays--61

Acciavatti Garfield Meyer Rocca

Adamini Gillard Milosch Shaffer

Amos Hager Moolenaar Sheen

Bisbee Hart Mortimer Sheltrown

Bradstreet Hoogendyk Newell Shulman

Brandenburg Howell Nitz Stahl

Casperson Huizenga Nofs Stakoe

Caswell Hummel Palmer Steil

Caul Hune Palsrok Stewart

DeRoche Johnson, Rick Pappageorge Tabor

DeRossett Julian Pastor Van Regenmorter

Drolet Koetje Pumford Voorhees

Elkins Kooiman Richardville Walker

Emmons LaJoy Rivet Ward

Farhat LaSata Robertson Wenke

Gaffney

In The Chair: Julian

Rep. Sak moved to amend the bill as follows:

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

Rep. Sak demanded the yeas and nays.

The demand was supported.

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

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

Roll Call No. 904 Yeas--38

Accavitti Gieleghem McConico Tobocman

Anderson Gleason Meisner Vagnozzi

Bieda Hardman Minore Waters

Byrum Hood Murphy Whitmer

Cheeks Hopgood Plakas Williams

Clack Hunter Reeves Wojno

Condino Jamnick Sak Woodward

Daniels Kolb Spade Woronchak

Dennis Law Stallworth Zelenko

Dillon Lipsey

Nays--65

Acciavatti Gillard Middaugh Shackleton

Amos Hager Milosch Shaffer

Bisbee Hart Moolenaar Sheen

Bradstreet Hoogendyk Mortimer Sheltrown

Brandenburg Howell Newell Shulman

Casperson Huizenga Nitz Stahl

Caswell Hummel Nofs Stakoe

Caul Hune Palmer Steil

DeRoche Johnson, Rick Palsrok Stewart

DeRossett Johnson, Ruth Pappageorge Tabor

Drolet Julian Pastor Taub

Ehardt Koetje Pumford Vander Veen

Elkins Kooiman Richardville Voorhees

Emmons LaJoy Rivet Walker

Farhat LaSata Robertson Ward

Gaffney Meyer Rocca Wenke

Garfield

In The Chair: Julian

Rep. Rivet 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. 6314, 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. 905 Yeas--61

Accavitti Gaffney Meyer Shackleton

Acciavatti Garfield Middaugh Shaffer

Amos Gillard Milosch Sheen

Bieda Hart Moolenaar Sheltrown

Bisbee Hoogendyk Mortimer Shulman

Bradstreet Howell Newell Steil

Brandenburg Huizenga Nofs Tabor

Casperson Hummel Palmer Taub

Caul Hune Palsrok Van Regenmorter

DeRoche Johnson, Rick Pappageorge Vander Veen

DeRossett Julian Pastor Voorhees

Drolet Koetje Richardville Walker

Ehardt Kooiman Rivet Ward

Elkins LaJoy Robertson Wenke

Emmons LaSata Rocca Woodward

Farrah

Nays--45

Adamini Hager Meisner Stakoe

Anderson Hardman Minore Stallworth

Byrum Hood Murphy Stewart

Caswell Hopgood Nitz Tobocman

Cheeks Hunter Phillips Vagnozzi

Clack Jamnick Plakas Waters

Condino Johnson, Ruth Pumford Whitmer

Dennis Kolb Reeves Williams

Dillon Farhat Law Sak

Wojno Gieleghem Lipsey Spade

Woronchak Gleason McConico Stahl

Zelenko

In The Chair: Julian

The House agreed to the title of the bill.

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

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

______

Reps. Waters, Murphy and Phillips, 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 6314 because it is legally flawed and morally offensive, and because its outrageously expedited passage through this lame duck House session was disrespectful of both the legislative process and the citizens of this state.

The bill would reverse statutory language that currently serves an important purpose in the protection of public health and safety. Local units of government have the primary responsibility to protect the public health and public safety of their communities, including in particular their public water supplies. The current statute appropriately serves to balance the responsibility of local units of government regarding local public health and safety, with the regulatory responsibility of the state regarding energy accessibility and rates.

Local consent in such cases is a right guaranteed by Article 7, Section 29 of the Michigan Constitution, which states: 'No person, partnership, association or corporation, public or private, operating a public utility shall have the right to the use of the highways, streets, alleys or other public places of any county, township, city or village for wires, poles, pipes, tracks, conduits or other utility facilities, without the consent of the duly constituted authority of the county, township, city or village' and that 'Except as otherwise provided in this constitution the right of all counties, townships, cities and villages to the reasonable control of their highways, streets, alleys and public places is hereby reserved to such local units of government.' Nevertheless, the unreasonably rushed passage of this bill did not allow for the consideration of this serious legal concern.

Furthermore, the question of whether or not it's good public policy to locate liquid petroleum pipelines in the rights-of-way of Michigan's busiest highways warrants public discussion and a thorough study of potential risks from both accidental damage and intentional damage. Locating a pipeline on a highway easement may decrease the pipeline's likely exposure to certain types of third party activity (namely excavation by residential or commercial developers) but it will increase the pipeline's likely exposure to other types of third party activity. An average of 40,500 vehicles per day travel on the section of I-96 at issue in the Lansing case, causing significant vibration. Also, maintenance and construction activities using heavy equipment take place regularly on highways and on highway rights-of-way as roads get repaired, widened or replaced.

Finally, and I think most egregiously, this bill is an attempt to force the implementation of a unjust decision made by members of the Public Service Commission in 2001-02: a decision that would discriminate against racial minorities and low income persons. House Bill 6314 will also pave the way for further instances of environmental discrimination in the future. If decisions involving the placement of liquid petroleum pipelines and other potential environmental hazards are allowed to be made solely at the highest levels of government, then it is only those with the greatest power and influence on the highest levels of state and federal government who will have their voices heard."

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. 6242, entitled

A bill to amend 1966 PA 331, entitled "Community college act of 1966," by amending section 41 (MCL 389.41), as amended by 2000 PA 488.

The bill was read a second time.

Rep. Caswell 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. 6242, entitled

A bill to amend 1966 PA 331, entitled "Community college act of 1966," by amending section 41 (MCL 389.41), as amended by 2000 PA 488.

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

Roll Call No. 906 Yeas--103

Accavitti Gaffney McConico Sheen

Acciavatti Garfield Meisner Shulman

Amos Gieleghem Meyer Spade

Anderson Gillard Middaugh Stahl

Bieda Gleason Milosch Stakoe

Bisbee Hager Minore Stallworth

Bradstreet Hardman Moolenaar Steil

Brandenburg Hart Mortimer Stewart

Byrum Hood Murphy Tabor

Casperson Hoogendyk Newell Taub

Caswell Hopgood Nitz Tobocman

Caul Howell Nofs Vagnozzi

Cheeks Huizenga Palmer Van Regenmorter

Clack Hummel Palsrok Vander Veen

Condino Hune Pappageorge Voorhees

Daniels Hunter Pastor Walker

Dennis Jamnick Plakas Ward

DeRoche Johnson, Rick Pumford Waters

DeRossett Johnson, Ruth Reeves Wenke

Dillon Julian Richardville Whitmer

Drolet Koetje Rivet Williams

Ehardt Kolb Robertson Wojno

Elkins Kooiman Rocca Woodward

Emmons LaJoy Sak Woronchak

Farhat LaSata Shackleton Zelenko

Farrah Lipsey Shaffer

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. 5966, 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 Higher Education,

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

Rep. Caswell moved to amend the bill as follows:

1. Amend page 2, line 14, after "extension." by striking out "Tuition rates" and inserting "The tuition rate for a student attending a public institution of higher education in this state".

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

Rep. Caswell 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. 5966, 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. 907 Yeas--104

Accavitti Gaffney Meisner Sheen

Acciavatti Garfield Meyer Sheltrown

Adamini Gieleghem Middaugh Shulman

Amos Gillard Milosch Spade

Anderson Gleason Minore Stahl

Bieda Hager Moolenaar Stakoe

Bisbee Hardman Mortimer Stallworth

Brandenburg Hart Murphy Steil

Byrum Hoogendyk Newell Stewart

Casperson Hopgood Nitz Tabor

Caswell Howell Nofs Taub

Caul Huizenga Palmer Tobocman

Cheeks Hummel Palsrok Vagnozzi

Clack Hune Pappageorge Van Regenmorter

Condino Hunter Pastor Vander Veen

Daniels Jamnick Phillips Voorhees

Dennis Johnson, Rick Plakas Walker

DeRoche Johnson, Ruth Pumford Ward

DeRossett Julian Reeves Waters

Dillon Koetje Richardville Wenke

Drolet Kolb Rivet Whitmer

Ehardt Kooiman Robertson Williams

Elkins LaJoy Rocca Wojno

Emmons LaSata Sak Woodward

Farhat Lipsey Shackleton Woronchak

Farrah McConico Shaffer Zelenko

Nays--1

Hood

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.

By unanimous consent the House returned to the order of

Messages from the Senate

The House returned to the consideration of

House Bill No. 4358, entitled

(The bill was considered earlier today, see today's Journal p. 2505.)

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. 908 Yeas--96

Accavitti Emmons Lipsey Shaffer

Acciavatti Farhat McConico Sheen

Adamini Gaffney Meisner Sheltrown

Amos Garfield Meyer Shulman

Anderson Gieleghem Milosch Spade

Bieda Gillard Minore Stahl

Bisbee Gleason Moolenaar Stakoe

Bradstreet Hager Mortimer Stallworth

Brandenburg Hardman Murphy Steil

Byrum Hart Newell Tabor

Casperson Hoogendyk Nitz Taub

Caswell Hopgood Palmer Tobocman

Caul Howell Palsrok Vagnozzi

Cheeks Huizenga Pappageorge Vander Veen

Clack Hummel Pastor Voorhees

Condino Hune Phillips Walker

Daniels Hunter Plakas Ward

Dennis Jamnick Pumford Waters

DeRoche Johnson, Rick Reeves Wenke

DeRossett Johnson, Ruth Richardville Whitmer

Dillon Julian Rivet Williams

Drolet Koetje Robertson Wojno

Ehardt Kolb Rocca Woodward

Elkins Kooiman Sak Zelenko

Nays--10

Farrah LaSata Shackleton Van Regenmorter

Hood Middaugh Stewart Woronchak

LaJoy Nofs

In The Chair: Julian

The House agreed to the full title of the bill.

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

Second Reading of Bills

Rep. Richardville moved that Rule 48 be suspended.

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

House Bill No. 6235, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending sections 16901 and 16908 (MCL 324.16901 and 324.16908), as amended by 2002 PA 496.

The bill was read a second time.

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

The motion prevailed.

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

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

By unanimous consent the House returned to the order of

Third Reading of Bills

House Bill No. 6235, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending sections 16901 and 16908 (MCL 324.16901 and 324.16908), as amended by 2002 PA 496.

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

Roll Call No. 909 Yeas--106

Accavitti Gaffney Meisner Sheen

Acciavatti Garfield Meyer Sheltrown

Adamini Gieleghem Middaugh Shulman

Amos Gillard Milosch Spade

Anderson Gleason Minore Stahl

Bieda Hager Moolenaar Stakoe

Bisbee Hardman Mortimer Stallworth

Bradstreet Hart Murphy Steil

Brandenburg Hood Newell Stewart

Byrum Hoogendyk Nitz Tabor

Casperson Hopgood Nofs Taub

Caswell Howell Palmer Tobocman

Caul Huizenga Palsrok Vagnozzi

Cheeks Hummel Pappageorge Van Regenmorter

Clack Hune Pastor Vander Veen

Condino Hunter Phillips Voorhees

Daniels Jamnick Plakas Walker

Dennis Johnson, Rick Pumford Ward

DeRoche Johnson, Ruth Reeves Waters

DeRossett Julian Richardville Wenke

Dillon Koetje Rivet Whitmer

Drolet Kolb Robertson Williams

Ehardt Kooiman Rocca Wojno

Elkins LaJoy Sak Woodward

Emmons LaSata Shackleton Woronchak

Farhat Lipsey Shaffer Zelenko

Farrah McConico

Nays--0

In The Chair: Julian

The House agreed to the title of the bill.

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

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

Reps. Hardman, Daniels, Plakas, Anderson, Stewart, Rocca, Minore, Zelenko, Jamnick, DeRossett, Richardville, Lipsey, Bisbee, Kooiman, Voorhees, Middaugh, Hager, Hummel, Newell, Vander Veen, Dennis, Howell, Williams, Caul, Shackleton, Gaffney, Stallworth, Hunter, Brandenburg, Acciavatti, Condino, Vagnozzi, Accavitti, Stakoe, Hune, Gleason, Milosch, Caswell, Nofs, Ward, Emmons, Steil, Sak, Nitz, Stahl, Sheen, Farhat, Elkins, Moolenaar, Gillard, Casperson and Dillon were named co-sponsors of the bill.

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. 6295, entitled

A bill to amend 1967 PA 288, entitled "Land division act," by amending section 222 (MCL 560.222) and by adding section 222a.

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

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

Rep. Pappageorge 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. 6295, entitled

A bill to amend 1967 PA 288, entitled "Land division act," by amending section 222 (MCL 560.222) and by adding section 222a.

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

Roll Call No. 910 Yeas--103

Accavitti Garfield Meyer Sheltrown

Acciavatti Gieleghem Middaugh Shulman

Adamini Gillard Milosch Spade

Amos Gleason Minore Stahl

Anderson Hager Moolenaar Stakoe

Bieda Hardman Mortimer Stallworth

Bisbee Hart Murphy Steil

Bradstreet Hood Newell Stewart

Brandenburg Hoogendyk Nitz Tabor

Byrum Hopgood Nofs Taub

Casperson Howell Palmer Tobocman

Caswell Huizenga Palsrok Vagnozzi

Caul Hummel Pappageorge Van Regenmorter

Cheeks Hune Pastor Vander Veen

Clack Hunter Phillips Voorhees

Condino Jamnick Plakas Walker

Daniels Johnson, Rick Pumford Ward

DeRoche Johnson, Ruth Reeves Waters

DeRossett Julian Richardville Wenke

Dillon Koetje Rivet Whitmer

Drolet Kolb Robertson Williams

Elkins Kooiman Rocca Wojno

Emmons LaJoy Sak Woodward

Farhat LaSata Shackleton Woronchak

Farrah Lipsey Shaffer Zelenko

Gaffney Meisner Sheen

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. 4406, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," (MCL 324.101 to 324.90106) by adding part 146.

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

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

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

The motion prevailed.

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

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

______

Rep. Waters moved that Rep. Law 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. 4406, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," (MCL 324.101 to 324.90106) by adding part 146.

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

Roll Call No. 911 Yeas--97

Accavitti Garfield Lipsey Sheltrown

Acciavatti Gieleghem Meisner Shulman

Amos Gillard Meyer Spade

Anderson Gleason Middaugh Stahl

Bieda Hager Milosch Stakoe

Bisbee Hardman Moolenaar Stallworth

Brandenburg Hart Mortimer Steil

Byrum Hood Newell Stewart

Casperson Hoogendyk Nitz Tabor

Caswell Hopgood Nofs Tobocman

Caul Howell Palmer Vagnozzi

Cheeks Huizenga Palsrok Van Regenmorter

Clack Hummel Pappageorge Vander Veen

Condino Hune Pastor Voorhees

Daniels Hunter Phillips Walker

Dennis Jamnick Plakas Ward

DeRoche Johnson, Rick Pumford Waters

DeRossett Johnson, Ruth Richardville Wenke

Dillon Julian Rivet Whitmer

Ehardt Koetje Rocca Williams

Elkins Kolb Sak Wojno

Emmons Kooiman Shackleton Woodward

Farhat LaJoy Shaffer Woronchak

Farrah LaSata Sheen Zelenko

Gaffney

Nays--1

Drolet

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 "Natural resources and environmental protection act," by amending sections 14701, 14702, 14703, and 14705 (MCL 324.14701, 324.14702, 324.14703, and 324.14705) and by amending the part heading for part 147 and by adding sections 14722 and 14725.

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.

By unanimous consent the House returned to the order of

Messages from the Senate

House Bill No. 5457, entitled

A bill to amend 1976 PA 451, entitled "The revised school code," (MCL 380.1 to 380.1852) by adding section 622a.

The Senate has substituted (S-5) the bill.

The Senate has passed the bill as substituted (S-5), 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-5) made to the bill by the Senate,

The substitute (S-5) was concurred in, a majority of the members serving voting therefor, by yeas and nays, as follows:

Roll Call No. 912 Yeas--101

Accavitti Gaffney Meisner Sheen

Acciavatti Garfield Meyer Sheltrown

Amos Gillard Middaugh Shulman

Anderson Gleason Milosch Spade

Bieda Hager Minore Stahl

Bisbee Hardman Moolenaar Stakoe

Bradstreet Hart Mortimer Stallworth

Brandenburg Hood Murphy Steil

Byrum Hoogendyk Newell Stewart

Casperson Hopgood Nitz Tabor

Caswell Howell Nofs Taub

Caul Hummel Palmer Tobocman

Cheeks Hune Palsrok Vagnozzi

Clack Hunter Pappageorge Van Regenmorter

Condino Jamnick Pastor Voorhees

Daniels Johnson, Rick Phillips Walker

Dennis Johnson, Ruth Plakas Ward

DeRoche Julian Pumford Waters

DeRossett Koetje Reeves Wenke

Dillon Kolb Richardville Whitmer

Drolet Kooiman Rivet Williams

Ehardt LaJoy Robertson Wojno

Elkins LaSata Rocca Woodward

Emmons Lipsey Sak Woronchak

Farhat McConico Shaffer Zelenko

Farrah

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. 5475, entitled

A bill to amend 1976 PA 451, entitled "The revised school code," (MCL 380.1 to 380.1852) by adding section 620.

The Senate has substituted (S-4) the bill.

The Senate has passed the bill as substituted (S-4), 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-4) made to the bill by the Senate,

The substitute (S-4) was concurred in, a majority of the members serving voting therefor, by yeas and nays, as follows:

Roll Call No. 913 Yeas--104

Accavitti Gaffney Meisner Sheen

Acciavatti Garfield Meyer Sheltrown

Adamini Gieleghem Middaugh Shulman

Amos Gillard Milosch Spade

Anderson Gleason Minore Stahl

Bisbee Hager Moolenaar Stakoe

Bradstreet Hardman Mortimer Stallworth

Brandenburg Hart Murphy Steil

Byrum Hood Newell Stewart

Casperson Hoogendyk Nitz Tabor

Caswell Hopgood Nofs Taub

Caul Howell Palmer Tobocman

Cheeks Huizenga Palsrok Vagnozzi

Clack Hummel Pappageorge Van Regenmorter

Condino Hune Pastor Vander Veen

Daniels Hunter Phillips Voorhees

Dennis Jamnick Plakas Walker

DeRoche Johnson, Rick Pumford Ward

DeRossett Johnson, Ruth Reeves Waters

Dillon Julian Richardville Wenke

Drolet Koetje Rivet Whitmer

Ehardt Kolb Robertson Williams

Elkins Kooiman Rocca Wojno

Emmons LaJoy Sak Woodward

Farhat LaSata Shackleton Woronchak

Farrah Lipsey Shaffer Zelenko

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. 5627, entitled

A bill to amend 1979 PA 94, entitled "The state school aid act of 1979," by amending section 18 (MCL 388.1618), as amended by 2003 PA 158.

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. 914 Yeas--103

Accavitti Gaffney Meyer Sheltrown

Acciavatti Garfield Middaugh Shulman

Adamini Gieleghem Milosch Spade

Amos Gillard Minore Stahl

Anderson Gleason Moolenaar Stakoe

Bieda Hager Mortimer Stallworth

Bisbee Hardman Murphy Steil

Bradstreet Hart Newell Stewart

Brandenburg Hoogendyk Nitz Tabor

Byrum Hopgood Nofs Taub

Casperson Howell Palmer Tobocman

Caswell Huizenga Palsrok Vagnozzi

Caul Hummel Pappageorge Van Regenmorter

Cheeks Hune Pastor Vander Veen

Clack Hunter Phillips Voorhees

Condino Jamnick Plakas Walker

Daniels Johnson, Rick Pumford Ward

Dennis Johnson, Ruth Reeves Waters

DeRoche Julian Richardville Wenke

DeRossett Koetje Rivet Whitmer

Dillon Kolb Robertson Williams

Drolet Kooiman Rocca Wojno

Ehardt LaJoy Sak Woodward

Elkins LaSata Shackleton Woronchak

Emmons Lipsey Shaffer Zelenko

Farrah Meisner Sheen

Nays--0

In The Chair: Julian

The House agreed to the full title of the bill.

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

______

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

The motion prevailed.

House Bill No. 5839, entitled

A bill to amend 1976 PA 451, entitled "The revised school code," by amending sections 681, 682, 687, 1723, 1724, 1724a, and 1731 (MCL 380.681, 380.682, 380.687, 380.1723, 380.1724, 380.1724a, and 380.1731), sections 681, 682, 687, and 1724 as amended by 2003 PA 299, section 1724a as added by 1994 PA 258, and section 1731 as amended by 2002 PA 70, and by adding section 625b.

The Senate has substituted (S-4) the bill.

The Senate has passed the bill as substituted (S-4), ordered that it be given immediate effect and amended the title to read as follows:

A bill 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 681, 687, 1723, 1724a, and 1731 (MCL 380.681, 380.687, 380.1723, 380.1724a, and 380.1731), sections 681 and 687 as amended by 2003 PA 299, section 1724a as added by 1994 PA 258, and section 1731 as amended by 2002 PA 70, and by adding section 625b.

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-4) made to the bill by the Senate,

The substitute (S-4) was concurred in, a majority of the members serving voting therefor, by yeas and nays, as follows:

Roll Call No. 915 Yeas--102

Accavitti Garfield Meyer Sheltrown

Acciavatti Gieleghem Middaugh Shulman

Adamini Gillard Milosch Spade

Amos Gleason Minore Stahl

Anderson Hager Moolenaar Stakoe

Bieda Hardman Mortimer Stallworth

Bisbee Hart Murphy Steil

Bradstreet Hood Newell Stewart

Brandenburg Hoogendyk Nitz Tabor

Casperson Hopgood Nofs Taub

Caswell Howell Palmer Tobocman

Cheeks Huizenga Palsrok Vagnozzi

Clack Hummel Pappageorge Van Regenmorter

Condino Hune Pastor Vander Veen

Daniels Hunter Phillips Voorhees

Dennis Jamnick Pumford Walker

DeRoche Johnson, Rick Reeves Ward

DeRossett Johnson, Ruth Richardville Waters

Dillon Julian Rivet Wenke

Drolet Koetje Robertson Whitmer

Ehardt Kolb Rocca Williams

Elkins Kooiman Sak Wojno

Emmons LaJoy Shackleton Woodward

Farhat LaSata Shaffer Woronchak

Farrah Lipsey Sheen Zelenko

Gaffney Meisner

Nays--0

In The Chair: Julian

The House agreed to the title as amended.

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

______

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

The motion prevailed.

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

The motion prevailed.

House Bill No. 5850, entitled

A bill to amend 1976 PA 451, entitled "The revised school code," by amending section 1804 (MCL 380.1804) and by adding sections 1814, 1815, and 1816.

The Senate has substituted (S-4) the bill.

The Senate has passed the bill as substituted (S-4), 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-4) made to the bill by the Senate,

The substitute (S-4) was concurred in, a majority of the members serving voting therefor, by yeas and nays, as follows:

Roll Call No. 916 Yeas--102

Accavitti Gaffney Meisner Sheen

Acciavatti Garfield Meyer Sheltrown

Adamini Gieleghem Middaugh Shulman

Amos Gillard Milosch Spade

Anderson Gleason Minore Stahl

Bieda Hager Moolenaar Stakoe

Bisbee Hardman Mortimer Stallworth

Bradstreet Hart Murphy Steil

Brandenburg Hood Newell Stewart

Byrum Hoogendyk Nitz Tabor

Casperson Hopgood Nofs Taub

Caswell Howell Palmer Tobocman

Caul Huizenga Palsrok Vagnozzi

Cheeks Hummel Pappageorge Vander Veen

Clack Hune Pastor Voorhees

Condino Hunter Phillips Walker

Daniels Jamnick Plakas Ward

Dennis Johnson, Rick Reeves Waters

DeRossett Johnson, Ruth Richardville Wenke

Dillon Julian Rivet Whitmer

Drolet Koetje Robertson Williams

Ehardt Kolb Rocca Wojno

Elkins Kooiman Sak Woodward

Emmons LaJoy Shackleton Woronchak

Farhat LaSata Shaffer Zelenko

Farrah Lipsey

Nays--0

In The Chair: Julian

The House agreed to the full title of the bill.

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

The motion did not prevail, 3/5 of the members present not voting therefor.

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

House Bill No. 5851, entitled

A bill to amend 1927 PA 175, entitled "The code of criminal procedure," by amending section 13p of chapter XVII (MCL 777.13p), as amended by 2002 PA 475.

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 amended the title to read as follows:

A bill to amend 1927 PA 175, entitled "An act to revise, consolidate, and codify the laws relating to criminal procedure and to define the jurisdiction, powers, and duties of courts, judges, and other officers of the court under the provisions of this act; to provide laws relative to the rights of persons accused of criminal offenses and ordinance violations; to provide for the arrest of persons charged with or suspected of criminal offenses and ordinance violations; to provide for bail of persons arrested for or accused of criminal offenses and ordinance violations; to provide for the examination of persons accused of criminal offenses; to regulate the procedure relative to grand juries, indictments, informations, and proceedings before trial; to provide for trials of persons complained of or indicted for criminal offenses and ordinance violations and to provide for the procedure in those trials; to provide for judgments and sentences of persons convicted of criminal offenses and ordinance violations; to establish a sentencing commission and to prescribe its powers and duties; to provide for procedure relating to new trials and appeals in criminal and ordinance violation cases; to provide a uniform system of probation throughout this state and the appointment of probation officers; to prescribe the powers, duties, and compensation of probation officers; to provide penalties for the violation of the duties of probation officers; to provide for procedure governing proceedings to prevent crime and proceedings for the discovery of crime; to provide for fees of officers, witnesses, and others in criminal and ordinance violation cases; to set forth miscellaneous provisions as to criminal procedure in certain cases; to provide penalties for the violation of certain provisions of this act; and to repeal all acts and parts of acts inconsistent with or contravening any of the provisions of this act," by amending section 13p of chapter XVII (MCL 777.13p), as amended by 2004 PA 162.

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. 917 Yeas--98

Accavitti Farrah Middaugh Shulman

Acciavatti Gaffney Milosch Spade

Adamini Garfield Minore Stahl

Amos Gieleghem Moolenaar Stakoe

Anderson Gillard Mortimer Stallworth

Bieda Gleason Murphy Steil

Bisbee Hager Newell Stewart

Bradstreet Hardman Nitz Tabor

Brandenburg Hart Nofs Taub

Byrum Hood Palmer Tobocman

Casperson Hoogendyk Palsrok Vagnozzi

Caswell Hopgood Pappageorge Van Regenmorter

Caul Howell Pastor Vander Veen

Cheeks Huizenga Phillips Voorhees

Clack Hune Plakas Walker

Condino Hunter Reeves Ward

Daniels Johnson, Ruth Richardville Waters

Dennis Julian Rivet Wenke

DeRossett Koetje Robertson Whitmer

Dillon Kolb Rocca Williams

Drolet Kooiman Sak Wojno

Ehardt LaJoy Shackleton Woodward

Elkins LaSata Sheen Woronchak

Emmons Meisner Sheltrown Zelenko

Farhat Meyer

Nays--0

In The Chair: Julian

The House agreed to the title as amended.

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

The motion did not prevail, 3/5 of the members present not voting therefor.

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

House Bill No. 5921, entitled

A bill to amend 1976 PA 451, entitled "The revised school code," by amending sections 611, 612, 614, 614a, 616, 617, and 701 (MCL 380.611, 380.612, 380.614, 380.614a, 380.616, 380.617, and 380.701), section 611 as amended by 1981 PA 87, section 614 as amended by 2004 PA 233, section 614a as added by 2004 PA 234, and sections 616, 617, and 701 as amended by 2003 PA 299, and by adding section 634.

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

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

A bill to amend 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 611, 612, 613, 614, and 621a (MCL 380.611, 380.612, 380.613, 380.614, and 380.621a), section 611 as amended by 1981 PA 87, section 613 as amended and section 621a as added by 2004 PA 234, and section 614 as amended by 2004 PA 233, and by adding section 634.

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-3) made to the bill by the Senate,

The substitute (S-3) was concurred in, a majority of the members serving voting therefor, by yeas and nays, as follows:

Roll Call No. 918 Yeas--103

Accavitti Farrah Meisner Sheen

Acciavatti Gaffney Meyer Sheltrown

Adamini Garfield Middaugh Spade

Amos Gieleghem Milosch Stahl

Anderson Gillard Minore Stakoe

Bieda Gleason Moolenaar Stallworth

Bisbee Hager Mortimer Steil

Bradstreet Hardman Murphy Stewart

Brandenburg Hart Newell Tabor

Byrum Hood Nitz Taub

Casperson Hoogendyk Nofs Tobocman

Caswell Hopgood Palmer Vagnozzi

Caul Howell Palsrok Van Regenmorter

Cheeks Huizenga Pappageorge Vander Veen

Clack Hummel Pastor Voorhees

Condino Hune Phillips Walker

Daniels Hunter Plakas Ward

Dennis Jamnick Pumford Waters

DeRoche Johnson, Rick Reeves Wenke

DeRossett Johnson, Ruth Richardville Whitmer

Dillon Julian Rivet Williams

Drolet Koetje Robertson Wojno

Ehardt Kooiman Rocca Woodward

Elkins LaJoy Sak Woronchak

Emmons LaSata Shackleton Zelenko

Farhat Lipsey Shaffer

Nays--0

In The Chair: Julian

The House agreed to the title as amended.

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

Reports of Standing Committees

The Committee on Transportation, by Rep. Casperson, Vice-Chair, reported

House Bill No. 5430, entitled

A bill to amend 1949 PA 300, entitled "Michigan vehicle code," by amending section 684 (MCL 257.684).

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. Casperson, Hummel, Gaffney, Hune, Robertson, Gleason, Tobocman, Adamini, Murphy and Elkins

Nays: None

The Committee on Transportation, by Rep. Casperson, Vice-Chair, reported

Senate Bill No. 1171, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending sections 8901, 8904, and 8905a (MCL 324.8901, 324.8904, and 324.8905a), section 8904 as amended and section 8905a as added by 1998 PA 15.

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. Casperson, Gaffney, Hune, LaJoy, Robertson, Ward, Anderson, Jamnick, Gleason, Tobocman, Adamini and Elkins

Nays: None

The Committee on Transportation, by Rep. Casperson, Vice-Chair, reported

Senate Bill No. 1383, 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 10 (MCL 224.10), as amended by 2003 PA 137.

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

1. Amend page 2, line 15, after "than" by striking out "$20,000.00" and inserting "$10,000.00".

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

Favorable Roll Call

To Report Out:

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

Nays: None

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Wednesday, November 10, 2004

Present: Reps. Casperson, Hummel, DeRoche, Gaffney, Hune, LaJoy, Robertson, Ward, Anderson, Jamnick, Gleason, Tobocman, Adamini, Murphy and Elkins

Absent: Reps. DeRossett and Huizenga

Excused: Reps. DeRossett and Huizenga

Second Reading of Bills

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.

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

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.

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. 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.

The bill was read a third time.

The question being on the passage of the bill,

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

The motion prevailed.

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. 5430, entitled

A bill to amend 1949 PA 300, entitled "Michigan vehicle code," by amending section 684 (MCL 257.684).

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

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

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

The motion prevailed.

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

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

By unanimous consent the House returned to the order of

Third Reading of Bills

House Bill No. 5430, entitled

A bill to amend 1949 PA 300, entitled "Michigan vehicle code," by amending section 684 (MCL 257.684).

The bill was read a third time.

The question being on the passage of the bill,

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

The motion prevailed.

By unanimous consent the House returned to the order of

Messages from the Senate

Senate Concurrent Resolution No. 46.

A concurrent resolution prescribing the legislative schedule.

Resolved by the Senate (the House of Representatives concurring), That when the Legislature adjourns on Wednesday, November 10, 2004, it stands adjourned until Tuesday, November 30, 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

Motions and Resolutions

Rep. Richardville moved that pursuant to House Rule 20, the Clerk of the House be authorized to enroll House bills while the House is not in session.

The motion prevailed.

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, November 30, at 1:00 p.m.

The motion prevailed.

The Speaker, on behalf of the entire membership, offered the following resolution:

House Resolution No. 326.

A resolution offered as a memorial for Richard Headlee.

Whereas, Richard Headlee was a man devoted to God, family, and country. He spoke as a straight-shooter, never beating around the bush to curry favor or obscure his views; and

Whereas, In his public life, he remained a man of principle, and his views were clear-headed and consistent; and

Whereas, He believed passionately in a free society, and knew that preserving freedom required not just eternal vigilance, but bold and determined action; and

Whereas, He didn't run for governor because he wanted to be "in charge" or because he craved the limelight, but because he was a living example of the ancient republican ideal: the citizen who sets down his plow to put right what is wrong and serve his community; and

Whereas, Action was a natural extension of who Dick was, and Michigan is demonstrably better for it; and

Whereas; His tireless work on behalf of taxpayers, enshrined in 1978 in our state constitution's "Headlee Amendment," gave Michiganians a powerful shield in the battle to restrain government excess; and

Whereas, His resolve inspired and energized a new generation of leaders, and his forceful yet congenial persuasiveness, often wrapped in clever verse or rhetorical flourish, won the hearts and minds of countless citizens; and

Whereas, Dick Headlee was a genuine Michigan statesman. We are grateful for his contributions to our taxpayers and our state; now, therefore, be it

Resolved by the House of Representatives, That the members of this legislative body honor the life of Richard Headlee; and be it further

Resolved, That we extend our deepest sympathies to his wife, Mary, and the entire Headlee family.

The question being on the adoption of the resolution,

The resolution was adopted.

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 Wednesday, November 10:

House Bill Nos. 6326 6327 6328 6329 6330 6331 6332

The Clerk announced that the following Senate bills had been received on Wednesday, November 10:

Senate Bill Nos. 683 684 685 686 1153 1154 1155 1156 1157 1185 1341 1416 1434 1447 1448 1449 1450 1453 1463 1464 1465 1466 1467 1468 1469 1470 1471 1472

By unanimous consent the House returned to the order of

Reports of Standing Committees

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

House Bill No. 5989, entitled

A bill to amend 1927 PA 372, entitled "An act to regulate and license the selling, purchasing, possessing, and carrying of certain firearms and gas ejecting devices; to prohibit the buying, selling, or carrying of certain firearms and gas ejecting devices without a license or other authorization; to provide for the forfeiture of firearms under certain circumstances; to provide for penalties and remedies; to provide immunity from civil liability under certain circumstances; to prescribe the powers and duties of certain state and local agencies; to prohibit certain conduct against individuals who apply for or receive a license to carry a concealed pistol; to make appropriations; to prescribe certain conditions for the appropriations; and to repeal all acts and parts of acts inconsistent with this act," by amending section 5l (MCL 28.425l), as amended by 2002 PA 719.

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

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

Favorable Roll Call

To Report Out:

Yeas: Reps. Tabor, Milosch, Bradstreet, Ehardt, Richardville, Nitz, Gillard and Sheltrown

Nays: None

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

House Bill No. 6272, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending section 40110 (MCL 324.40110), as added by 1995 PA 57.

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

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

Favorable Roll Call

To Report Out:

Yeas: Reps. Tabor, Milosch, Bradstreet, Richardville, Rocca, Nitz, Gillard and Sheltrown

Nays: None

COMMITTEE ATTENDANCE REPORT

The following report, submitted by Rep. Tabor, Chair, of the Committee on Conservation and Outdoor Recreation, was received and read:

Meeting held on: Wednesday, November 10, 2004

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

Absent: Reps. Farrah and Accavitti

Excused: Reps. Farrah and Accavitti

Messages from the Senate

Senate Bill No. 757, entitled

A bill to amend 1978 PA 368, entitled "An act to protect and promote the public health; to codify, revise, consolidate, classify, and add to the laws relating to public health; to provide for the prevention and control of diseases and disabilities; to provide for the classification, administration, regulation, financing, and maintenance of personal, environmental, and other health services and activities; to create or continue, and prescribe the powers and duties of, departments, boards, commissions, councils, committees, task forces, and other agencies; to prescribe the powers and duties of governmental entities and officials; to regulate occupations, facilities, and agencies affecting the public health; to regulate health maintenance organizations and certain third party administrators and insurers; to provide for the imposition of a regulatory fee; to 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," (MCL 333.1101 to 333.25211) by adding section 5475a.

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

1. Amend page 1, line 4, after the first "to" by striking out "be lead poisoned" and inserting "have 10 micrograms or more of lead per deciliter of venous blood".

2. Amend page 2, line 5, after "owner" by inserting "of the rental unit".

3. Amend page 2, line 8, after "owner" by inserting "of the rental unit".

4. Amend page 2, line 11, after "owner" by inserting "of the rental unit".

5. Amend page 2, line 15, after "owner" by inserting "of the rental unit".

6. Amend page 2, line 19, after "owner" by inserting "of the rental unit".

7. Amend page 2, line 22, after "owner" by inserting "of the rental unit".

8. Amend page 2, line 25, after "owner" by inserting "of the rental unit".

9. Amend page 3, line 1, by striking out all of subsection (4), and inserting:

"(4) The property manager, housing commission, or owner of the rental unit may assert one or more of the following as an affirmative defense in a prosecution of violating this section, and has the burden of proof on that defense by a preponderance of the evidence:

(i) That the property manager, housing commission, or owner of the rental unit requested or contracted with a person having responsibility for maintaining the rental unit to reduce the hazard through interim controls or abatement and reasonably expected that the hazard would be reduced.

(ii) That the tenant would not allow entry into or upon premises where the hazard is located or otherwise interfered with correcting the hazard.".

10. Amend page 3, line 18, by striking out "November 1, 2004" and inserting "January 2, 2005".

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.

Senate Bill No. 792, entitled

A bill to prohibit certain acts and practices concerning identity theft; to provide for the powers and duties of certain state and local governmental officers and entities; to prescribe penalties and provide remedies; and to repeal acts and parts of acts.

The Senate has amended the House substitute (H-4) as follows:

1. Amend page 5, line 14, after "subsection" by striking out "(5)" and inserting "(6)".

2. Amend page 5, line 24, after "section" by inserting "or any other violation of law committed by that person while violating or attempting to violate this section.".

3. Amend page 5, following line 24, by inserting:

"(4) The court may order that a term of imprisonment imposed under this section be served consecutively to any term of imprisonment imposed for a conviction of any other violation of law committed by that person using the information obtained in violation of this section or any other violation of law committed by that person while violating or attempting to violate this section." and renumbering the remaining subsections.

4. Amend page 8, line 6, after the first "to" by striking out the balance of the subdivision and inserting "a purchase of a credit obligation in an acquisition, merger, purchase of assets, or assumption of liabilities or any change to or review of an existing credit account.".

The Senate has concurred in the House substitute (H-4) as amended and ordered that the bill be given immediate effect.

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

Senate Bill No. 793, entitled

A bill to amend 1927 PA 175, entitled "An act to revise, consolidate, and codify the laws relating to criminal procedure and to define the jurisdiction, powers, and duties of courts, judges, and other officers of the court under the provisions of this act; to provide laws relative to the rights of persons accused of criminal offenses and ordinance violations; to provide for the arrest of persons charged with or suspected of criminal offenses and ordinance violations; to provide for bail of persons arrested for or accused of criminal offenses and ordinance violations; to provide for the examination of persons accused of criminal offenses; to regulate the procedure relative to grand juries, indictments, informations, and proceedings before trial; to provide for trials of persons complained of or indicted for criminal offenses and ordinance violations and to provide for the procedure in those trials; to provide for judgments and sentences of persons convicted of criminal offenses and ordinance violations; to establish a sentencing commission and to prescribe its powers and duties; to provide for procedure relating to new trials and appeals in criminal and ordinance violation cases; to provide a uniform system of probation throughout this state and the appointment of probation officers; to prescribe the powers, duties, and compensation of probation officers; to provide penalties for the violation of the duties of probation officers; to provide for procedure governing proceedings to prevent crime and proceedings for the discovery of crime; to provide for fees of officers, witnesses, and others in criminal and ordinance violation cases; to set forth miscellaneous provisions as to criminal procedure in certain cases; to provide penalties for the violation of certain provisions of this act; and to repeal all acts and parts of acts inconsistent with or contravening any of the provisions of this act," (MCL 760.1 to 777.69) by adding section 10c to chapter II.

The Senate has amended the House substitute (H-3) as follows:

1. Amend page 1, line 2, after "(1)" by striking out "A" and inserting "Conduct prohibited under former section 285 of the Michigan penal code, 1931 PA 328, or a".

2. Amend page 1, line 4, after "as" by inserting "conduct prohibited under former section 285 of the Michigan penal code, 1931 PA 328, or".

3. Amend page 2, following line 5, by inserting:

"Enacting section 2. This amendatory act does not take effect unless Senate Bill No. 792 of the 92nd Legislature is enacted into law.".

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

Senate Bill No. 795, entitled

A bill to establish the social security number privacy act in the state of Michigan; to prescribe penalties; and to provide remedies.

The Senate has amended the House substitute (H-5) as follows:

1. Amend page 1, line 6, subparagraph (vii), after "surcharge" by striking out "as provided by" and inserting "paid under section 3a".

2. Amend page 1, following the House amendment to line 6, by inserting new subdivisions as follows:

"(b) "Computer", "computer network", or "computer system" mean those terms as defined in section 2 of the Public Act 53 of 1979, MCL 752.792.

3. Amend page 1, line 8, after "service" by inserting "that does not require the signature of recipient indicating actual receipt".

4. Amend page 2, line 4, after "view" by inserting a comma and "including, but not limited to, open view on a computer device, computer network, website, or other electronic medium or device,".

5. Amend page 2, following line 11, by inserting a new subdivision as follows:

"(g) "Website" means a collection of pages of the world wide web or internet, usually in HTML format, with clickable or hypertext links to enable navigation from one page or section to another, that often uses associated graphics files to provide illustration and may contain other clickable or hypertext links.".

6. Amend page 3, line 14, after "the" by striking out "website, computer system, or network" and inserting "internet website or computer system or network".

7. Amend page 3, line 23, after "rule," by striking out "or regulation" and inserting "regulation, or court order or rule".

8. Amend page 4, line 3, after "employee" by inserting "or health insurance".

9. Amend page 4, line 5, after "employee" by inserting "or health insurance".

10. Amend page 4, line 12, after "county" by inserting "clerk or".

11. Amend page 4, line 18, after "by" by inserting "or at the request of".

12. Amend page 6, line 9, after "employee" by inserting "or health insurance".

13. Amend page 7, line 9, after "documents" by inserting a comma and "which may be made available electronically".

14. Amend page 7, line 20, after "3" by inserting "with knowledge that the person's conduct violates this act".

15. Amend page 7, line 24, after "damages" by striking out the balance of the line through "$1,000.00" on line 25 and inserting a period and "If the person knowingly violates section 3, an individual may recover actual damages or $1,000.00".

16. Amend page 7, line 25, after "greater." by inserting "Prior to a civil action, if the individual made a written demand to the person for a violation of section 3 and the person did not pay the individual the amount of his or her actual damages within 60 days after the person received reasonable documentation of the actual damages, then, upon receiving an award for damages in a civil action for the violation of section 3, the individual may also recover reasonable attorneys fees. This subsection does not apply to a person for conduct by an employee of the person in violation of a privacy policy created pursuant to section 4 if the person has taken reasonable measures to enforce its policy and to correct and prevent the reoccurrence of any known violations.".

The Senate has concurred in the House substitute (H-5) as amended, 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.

Senate Bill No. 798, entitled

The Senate has amended the House substitute (H-1) as follows:

1. Amend page 7, line 3, by striking out all of subdivision "(hh)" and inserting:

"(hh) Denying credit or public utility service to, or reducing the credit limit of, a consumer who is a victim of identity theft under the identity theft protection act, if the person denying credit or public utility service to or reducing the credit limit of that consumer has prior knowledge that the consumer was a victim of identity theft. A person is presumed to be the victim of identity theft if he or she possesses a valid police report evidencing the claim of the victim of identity theft. "Identity theft" means that term as defined under the identity theft protection act.".

The Senate has concurred in the House substitute (H-1) 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.

Senate Bill No. 803, entitled

A bill to amend 1927 PA 175, entitled "An act to revise, consolidate, and codify the laws relating to criminal procedure and to define the jurisdiction, powers, and duties of courts, judges, and other officers of the court under the provisions of this act; to provide laws relative to the rights of persons accused of criminal offenses and ordinance violations; to provide for the arrest of persons charged with or suspected of criminal offenses and ordinance violations; to provide for bail of persons arrested for or accused of criminal offenses and ordinance violations; to provide for the examination of persons accused of criminal offenses; to regulate the procedure relative to grand juries, indictments, informations, and proceedings before trial; to provide for trials of persons complained of or indicted for criminal offenses and ordinance violations and to provide for the procedure in those trials; to provide for judgments and sentences of persons convicted of criminal offenses and ordinance violations; to establish a sentencing commission and to prescribe its powers and duties; to provide for procedure relating to new trials and appeals in criminal and ordinance violation cases; to provide a uniform system of probation throughout this state and the appointment of probation officers; to prescribe the powers, duties, and compensation of probation officers; to provide penalties for the violation of the duties of probation officers; to provide for procedure governing proceedings to prevent crime and proceedings for the discovery of crime; to provide for fees of officers, witnesses, and others in criminal and ordinance violation cases; to set forth miscellaneous provisions as to criminal procedure in certain cases; to provide penalties for the violation of certain provisions of this act; and to repeal all acts and parts of acts inconsistent with or contravening any of the provisions of this act," by amending section 24 of chapter VII (MCL 767.24), as amended by 2002 PA 119.

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

1. Amend page 3, line 10, after "MCL" by striking out the balance of the line and inserting "445.65 and 445.67.".

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.

Senate Bill No. 683, entitled

A bill to amend 1974 PA 258, entitled "Mental health code," by amending section 401 (MCL 330.1401), as amended by 1995 PA 290.