2005-HJ-06-07-051.htm

No. 51

STATE OF MICHIGAN

JOURNAL

OF THE

House of Representatives

93rd Legislature

REGULAR SESSION OF 2005

House Chamber, Lansing, Tuesday, June 7, 2005.

1:00 p.m.

The House was called to order by Associate Speaker Pro Tempore Elsenheimer.

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

Accavitti--present Emmons--present Leland--present Robertson--present

Acciavatti--present Espinoza--present Lemmons, III--present Rocca--present

Adamini--present Farhat--present Lemmons, Jr.--present Sak--present

Amos--present Farrah--present Lipsey--present Schuitmaker--present

Anderson--present Gaffney--present Marleau--present Shaffer--present

Angerer--present Garfield--present Mayes--present Sheen--present

Ball--present Gillard--present McConico--present Sheltrown--present

Baxter--present Gleason--present McDowell--present Smith, Alma--present

Bennett--present Gonzales--present Meisner--present Smith, Virgil--excused

Bieda--present Gosselin--present Meyer--present Spade--present

Booher--present Green--present Miller--present Stahl--present

Brandenburg--present Hansen--present Moolenaar--present Stakoe--present

Brown--present Hildenbrand--present Moore--present Steil--present

Byrnes--present Hood--present Mortimer--present Stewart--present

Byrum--present Hoogendyk--present Murphy--present Taub--present

Casperson--present Hopgood--present Newell--excused Tobocman--present

Caswell--present Huizenga--present Nitz--present Vagnozzi--present

Caul--present Hummel--present Nofs--present Van Regenmorter--present

Cheeks--present Hune--present Palmer--present Vander Veen--present

Clack--present Hunter--present Palsrok--present Walker--present

Clemente--present Jones--present Pastor--present Ward--present

Condino--present Kahn--present Pavlov--present Waters--present

Cushingberry--present Kehrl--present Pearce--present Wenke--excused

DeRoche--present Kolb--present Phillips--present Whitmer--present

Dillon--present Kooiman--present Plakas--present Williams--present

Donigan--present LaJoy--present Polidori--present Wojno--present

Drolet--present Law, David--present Proos--present Zelenko--present

Elsenheimer--present Law, Kathleen--present

e/d/s = entered during session

Rep. Lamar Lemmons, Jr., from the 2nd District, offered the following invocation:

"O Precious Lord, we want to thank You for our many blessings allowing us to see another day. We need You, Dear Lord, to give us strength in mind and spirit, and the wisdom to continue to do the people's work. Help us to make the right decisions as we begin this day in session. Bless us and embrace us in Your care. These things in Jesus name, we ask, Amen."

______

Rep. Sak moved that Rep. Virgil Smith be excused from today's session.

The motion prevailed.

Rep. Palmer moved that Reps. Newell and Wenke be excused from today's session.

The motion prevailed.

The Speaker Pro Tempore assumed the Chair.

Second Reading of Bills

House Bill No. 4813, entitled

A bill to amend 1996 PA 376, entitled "Michigan renaissance zone act," by amending section 8d (MCL 125.2688d), as amended by 2004 PA 202.

The bill was read a second time.

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

The motion prevailed.

House Bill No. 4814, entitled

A bill to amend 1996 PA 376, entitled "Michigan renaissance zone act," by amending section 8d (MCL 125.2688d), as amended by 2004 PA 202.

The bill was read a second time.

Rep. Baxter moved to amend the bill as follows:

1. Amend page 2, line 2, after "consists" by striking out the balance of the subsection and inserting "OF NOT LESS THAN 4 AND NOT MORE THAN 20 QUALIFIED TOOL AND DIE BUSINESSES. IF THE BOARD OF THE MICHIGAN STRATEGIC FUND DESIGNATED 1 OR MORE RECOVERY ZONES THAT CONTAIN LESS THAN 20 QUALIFIED TOOL AND DIE BUSINESSES BEFORE THE EFFECTIVE DATE OF THE AMENDATORY ACT THAT ADDED THIS SENTENCE, THE BOARD OF THE MICHIGAN STRATEGIC FUND MAY ADD ADDITIONAL QUALIFIED TOOL AND DIE BUSINESSES TO THAT RECOVERY ZONE SUBJECT TO THE LIMITATIONS CONTAINED IN THIS SUBSECTION. A RECOVERY ZONE SHALL CONSIST OF ONLY QUALIFIED TOOL AND DIE BUSINESS PROPERTY.".

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

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

The motion prevailed.

House Bill No. 4815, entitled

A bill to amend 1996 PA 376, entitled "Michigan renaissance zone act," by amending section 8d (MCL 125.2688d), as amended by 2004 PA 202.

The bill was read a second time.

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

1. Amend page 2, line 12, by striking out all of subsections (4) and (5) and inserting:

"(4) THE BOARD OF THE MICHIGAN STRATEGIC FUND MAY MODIFY AN EXISTING RECOVERY ZONE TO ADD 1 OR MORE QUALIFIED TOOL AND DIE BUSINESSES WITH THE CONSENT OF ALL OTHER QUALIFIED TOOL AND DIE BUSINESSES THAT ARE PARTICIPATING IN THE RECOVERY ZONE." and renumbering the remaining subsection.

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

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

The motion prevailed.

House Bill No. 4816, entitled

A bill to amend 1996 PA 376, entitled "Michigan renaissance zone act," by amending section 8d (MCL 125.2688d), as amended by 2004 PA 202.

The bill was read a second time.

Rep. Huizenga moved to amend the bill as follows:

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

"(A) "ACTUALLY ENGAGED IN THE TOOL AND DIE WORK OF THE BUSINESS ENTITY" MEANS EMPLOYEES OF THE TOOL AND DIE BUSINESS WHOSE WORK INCLUDES THE DESIGNING OR MANUFACTURING OF A TOOL OR DIE AND DOES NOT INCLUDE EMPLOYEES DOING OTHER MANUFACTURING WORK, SHIPPING AND RECEIVING FUNCTIONS, GENERAL MAINTENANCE, SECRETARIAL SUPPORT, ACCOUNTING, SALES, ESTIMATING, OR OTHER GENERAL OR ADMINISTRATIVE TASKS." and relettering the remaining subdivisions.

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

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

The motion prevailed.

House Bill No. 4817, entitled

A bill to amend 1996 PA 376, entitled "Michigan renaissance zone act," by amending section 3 (MCL 125.2683), as amended by 2000 PA 259.

The bill was read a second time.

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

The motion prevailed.

House Bill No. 4818, entitled

A bill to amend 1996 PA 376, entitled "Michigan renaissance zone act," by amending section 8d (MCL 125.2688d), as amended by 2004 PA 202.

The bill was read a second time.

Rep. Baxter moved to amend the bill as follows:

1. Amend page 2, line 4, after "SUBSECTION" by inserting "AS DETAILED IN A WRITTEN AGREEMENT".

2. Amend page 2, line 9, after "THAT" by striking out the balance of the subdivision and inserting "THE QUALIFIED TOOL AND DIE BUSINESS HAS VIOLATED 1 OR MORE TERMS OF THE WRITTEN AGREEMENT AND THE BOARD OF THE MICHIGAN STRATEGIC FUND CONCURS WITH THAT DETERMINATION.".

3. Amend page 4, following line 2, by inserting:

"(D) "WRITTEN AGREEMENT" MEANS A WRITTEN AGREEMENT BETWEEN THE CITY, VILLAGE, OR TOWNSHIP OR COMBINATION OF CITIES, VILLAGES, OR TOWNSHIPS AND THE QUALIFIED TOOL AND DIE BUSINESS DETAILING THE TERMS AND CONDITIONS OF THE RIGHT TO REVOKE THE RECOVERY ZONE DESIGNATION UNDER SUBSECTION (1)(B).".

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

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

The motion prevailed.

House Bill No. 4819, entitled

A bill to amend 1996 PA 376, entitled "Michigan renaissance zone act," by amending section 9 (MCL 125.2689).

The bill was read a second time.

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

The motion prevailed.

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

Rep. Sak moved that Rep. Murphy 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. 4079, entitled

A bill to amend 1976 PA 451, entitled "The revised school code," (MCL 380.1 to 380.1852) by adding section 1290.

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

Roll Call No. 165 Yeas--58

Acciavatti Garfield Lemmons, Jr. Robertson

Amos Gosselin Marleau Rocca

Ball Green Meyer Schuitmaker

Baxter Hansen Moolenaar Shaffer

Booher Hildenbrand Moore Sheen

Brandenburg Hoogendyk Mortimer Stahl

Casperson Huizenga Nitz Stakoe

Caswell Hummel Nofs Steil

Caul Hune Palmer Stewart

DeRoche Jones Palsrok Taub

Drolet Kahn Pastor Van Regenmorter

Elsenheimer Kooiman Pavlov Vander Veen

Emmons LaJoy Pearce Walker

Farhat Law, David Proos Ward

Gaffney Lemmons, III

Nays--48

Accavitti Condino Kehrl Polidori

Adamini Cushingberry Kolb Sak

Anderson Dillon Law, Kathleen Sheltrown

Angerer Donigan Leland Smith, Alma

Bennett Espinoza Lipsey Spade

Bieda Farrah Mayes Tobocman

Brown Gillard McConico Vagnozzi

Byrnes Gleason McDowell Waters

Byrum Gonzales Meisner Whitmer

Cheeks Hood Miller Williams

Clack Hopgood Phillips Wojno

Clemente Hunter Plakas Zelenko

In The Chair: Elsenheimer

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

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

A bill to amend 1976 PA 451, entitled "The revised school code," (MCL 380.1 to 380.1852) by adding section 1290; and to repeal acts and parts of acts.

The motion prevailed.

The House agreed to the title as amended.

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

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

Rep. Cushingberry, 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 because there are not enough safeguards to protect certain aspects of the law that are important to my constituents. What about other areas of the law? Does it affect Civil Rights?

How far may we allow corporal punishment to go? There are too many unanswered questions and therefore I must vote no."

House Bill No. 4080, entitled

A bill to amend 1979 PA 94, entitled "The state school aid act of 1979," (MCL 388.1601 to 388.1772) by adding section 9.

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

Roll Call No. 166 Yeas--58

Acciavatti Garfield Lemmons, Jr. Robertson

Amos Gosselin Marleau Rocca

Ball Green Meyer Schuitmaker

Baxter Hansen Moolenaar Shaffer

Booher Hildenbrand Moore Sheen

Brandenburg Hoogendyk Mortimer Stahl

Casperson Huizenga Nitz Stakoe

Caswell Hummel Nofs Steil

Caul Hune Palmer Stewart

DeRoche Jones Palsrok Taub

Drolet Kahn Pastor Van Regenmorter

Elsenheimer Kooiman Pavlov Vander Veen

Emmons LaJoy Pearce Walker

Farhat Law, David Proos Ward

Gaffney Lemmons, III

Nays--48

Accavitti Condino Kehrl Polidori

Adamini Cushingberry Kolb Sak

Anderson Dillon Law, Kathleen Sheltrown

Angerer Donigan Leland Smith, Alma

Bennett Espinoza Lipsey Spade

Bieda Farrah Mayes Tobocman

Brown Gillard McConico Vagnozzi

Byrnes Gleason McDowell Waters

Byrum Gonzales Meisner Whitmer

Cheeks Hood Miller Williams

Clack Hopgood Phillips Wojno

Clemente Hunter Plakas Zelenko

In The Chair: Elsenheimer

The House agreed to the title of the bill.

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

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

Rep. Cushingberry, 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 because of the reasons outlined in my no vote to HB 4079."

House Bill No. 4071, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," (MCL 324.101 to 324.90106) by amending the title, as amended by 1996 PA 434, and by adding sections 43540a and 43540c.

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

Roll Call No. 167 Yeas--106

Accavitti Elsenheimer Law, David Proos

Acciavatti Emmons Law, Kathleen Robertson

Adamini Espinoza Leland Rocca

Amos Farhat Lemmons, III Sak

Anderson Farrah Lemmons, Jr. Schuitmaker

Angerer Gaffney Lipsey Shaffer

Ball Garfield Marleau Sheen

Baxter Gillard Mayes Sheltrown

Bennett Gleason McConico Smith, Alma

Bieda Gonzales McDowell Spade

Booher Gosselin Meisner Stahl

Brandenburg Green Meyer Stakoe

Brown Hansen Miller Steil

Byrnes Hildenbrand Moolenaar Stewart

Byrum Hood Moore Taub

Casperson Hoogendyk Mortimer Tobocman

Caswell Hopgood Nitz Vagnozzi

Caul Huizenga Nofs Van Regenmorter

Cheeks Hummel Palmer Vander Veen

Clack Hune Palsrok Walker

Clemente Hunter Pastor Ward

Condino Jones Pavlov Waters

Cushingberry Kahn Pearce Whitmer

DeRoche Kehrl Phillips Williams

Dillon Kolb Plakas Wojno

Donigan Kooiman Polidori Zelenko

Drolet LaJoy

Nays--0

In The Chair: Elsenheimer

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

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

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," (MCL 324.101 to 324.90106) by amending the title, as amended by 1996 PA 434, and by adding section 43540a.

The motion prevailed.

The House agreed to the title as amended.

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

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

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

The motion prevailed.

House Bill No. 4145, 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. 168 Yeas--105

Accavitti Elsenheimer LaJoy Polidori

Acciavatti Emmons Law, David Proos

Adamini Espinoza Law, Kathleen Robertson

Amos Farhat Leland Rocca

Anderson Farrah Lemmons, III Sak

Angerer Gaffney Lemmons, Jr. Schuitmaker

Ball Garfield Lipsey Shaffer

Baxter Gillard Marleau Sheen

Bennett Gleason Mayes Sheltrown

Bieda Gonzales McConico Spade

Booher Gosselin McDowell Stahl

Brandenburg Green Meisner Stakoe

Brown Hansen Meyer Steil

Byrnes Hildenbrand Miller Stewart

Byrum Hood Moolenaar Taub

Casperson Hoogendyk Moore Tobocman

Caswell Hopgood Mortimer Vagnozzi

Caul Huizenga Nitz Van Regenmorter

Cheeks Hummel Nofs Vander Veen

Clack Hune Palmer Walker

Clemente Hunter Palsrok Ward

Condino Jones Pastor Waters

Cushingberry Kahn Pavlov Whitmer

DeRoche Kehrl Pearce Williams

Dillon Kolb Phillips Wojno

Donigan Kooiman Plakas Zelenko

Drolet

Nays--0

In The Chair: Elsenheimer

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

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

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," (MCL 324.101 to 324.90106) by adding section 43540c.

The motion prevailed.

The House agreed to the title as amended.

Rep. Ward 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. 4322, entitled

A bill to amend 1978 PA 368, entitled "Public health code," (MCL 333.1101 to 333.25211) by adding section 17766b.

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. Jones moved to amend the bill as follows:

1. Amend page 3, line 24, by striking out all of line 24 through "THEM" on line 27 and inserting "THE SIGN AVAILABLE TO LICENSED RETAILERS DESCRIBED IN SUBSECTION (1) ON THE DEPARTMENT'S INTERNET WEBSITE FREE OF CHARGE. LICENSED RETAILERS DESCRIBED IN SUBSECTION (1) SHALL OBTAIN THE SIGN FROM THE DEPARTMENT'S INTERNET WEBSITE AND PROVIDE COPIES OF THE SIGN".

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

Rep. Condino moved to amend the bill as follows:

1. Amend page 1, line 9, after "UNDER" by striking out "18" and inserting "17".

2. Amend page 3, line 5, after "UNDER" by striking out "18" and inserting "17".

3. Amend page 4, line 9, after "UNDER" by striking out "18" and inserting "17".

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

Rep. Condino demanded the yeas and nays.

The demand was supported.

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

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

Roll Call No. 169 Yeas--50

Accavitti Cushingberry Law, Kathleen Plakas

Adamini Dillon Leland Polidori

Anderson Donigan Lemmons, III Sak

Angerer Espinoza Lemmons, Jr. Sheltrown

Bennett Farrah Lipsey Spade

Bieda Gillard Mayes Tobocman

Brown Gleason McConico Vagnozzi

Byrnes Gonzales McDowell Waters

Byrum Hood Meisner Whitmer

Cheeks Hopgood Miller Williams

Clack Hunter Murphy Wojno

Clemente Kehrl Phillips Zelenko

Condino Kolb

Nays--56

Acciavatti Gaffney Law, David Robertson

Amos Garfield Marleau Rocca

Ball Gosselin Meyer Schuitmaker

Baxter Green Moolenaar Shaffer

Booher Hansen Moore Sheen

Brandenburg Hildenbrand Mortimer Stahl

Casperson Hoogendyk Nitz Stakoe

Caswell Huizenga Nofs Steil

Caul Hummel Palmer Stewart

DeRoche Hune Palsrok Taub

Drolet Jones Pastor Van Regenmorter

Elsenheimer Kahn Pavlov Vander Veen

Emmons Kooiman Pearce Walker

Farhat LaJoy Proos Ward

In The Chair: Elsenheimer

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

The motion prevailed.

______

Rep. Murphy, under Rule 33, made the following statement:

"Mr. Speaker and members of the House:

I was absent from the Chamber when the vote was taken on Roll Call Nos. 165-169. Had I been present, I would have voted 'nay' on Roll Call Nos. 165-166 and 'yea' on Roll Call Nos.167-169."

Senate Bill No. 189, entitled

A bill to amend 1978 PA 368, entitled "Public health code," (MCL 333.1101 to 333.25211) by adding section 17766b.

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. Jones moved to amend the bill as follows:

1. Amend page 2, line 10, after "EVERY" by striking out "10" and inserting "5".

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

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

The motion prevailed.

______

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

The motion prevailed.

By unanimous consent the House returned to the order of

Motions and Resolutions

Reps. Nofs, Accavitti, Ball, Baxter, Casperson, Clack, Elsenheimer, Farrah, Garfield, Gosselin, Hansen, Hildenbrand, Hopgood, Huizenga, Jones, Kolb, Kooiman, LaJoy, Marleau, Meyer, Moore, Mortimer, Pearce, Phillips, Proos, Robertson, Sak, Shaffer, Stahl, Taub and Vander Veen offered the following resolution:

House Resolution No. 85.

A resolution of tribute for Robert Brent Nelson upon the completion of his term on the Michigan Public Service Commission.

Whereas, It is a great pleasure to extend this expression of our thanks and best wishes to Robert Brent Nelson for over six years of service on the Michigan Public Service Commission; and

Whereas, Commissioner Nelson's commitment to excellence in public service spanning over thirty years has provided our state and country with outstanding leadership through a period of time when the energy, transportation and telecommunications industries have experienced unprecedented changes. Through these times, Commissioner Nelson has exhibited the highest standards of citizenship, dedication and unselfishness; and

Whereas, Prior to his appointment to the Public Service Commission, Commissioner Nelson served as President of the Michigan Electric and Gas Association from December 1987 until his appointment to the Commission on May 10, 1999. From 1979 to 1987, he was Director of the Commission's Office of Regulatory and Consumer Affairs, overseeing the legislative, legal, public affairs and consumer services functions of the Commission. From 1976 to 1979, he served as both Assistant and Deputy Director of Policy at the Commission. From 1974 to 1976, he was an Assistant and, later, Senior Assistant Prosecutor for Ingham County. From 1970 to 1974, he was a trial attorney for the Federal Communications Commission. He served as the Chairman of the Administrative Law Section of the Michigan Bar Association, and has also served as Chairman of the East Lansing Cable and Telecommunications Commission; and

Whereas, During his recent tenure as a Michigan Public Service Commissioner, Robert Brent Nelson served as member of the National Association of Regulatory Utility Commissioners', served as Chairman of the Telecommunications Committee, and served on the Consumer Affairs Committee; and

Whereas, He was also a member of the North American Numbering Council, an advisory committee to the Federal Communications Commission on numbering issues, served on the Advisory Council for the Center for Public Utilities at New Mexico State University, and is a member of the Federal-State Joint Board on Universal Services; and

Whereas, Commissioner Nelson worked tirelessly to implement energy and telecommunications restructuring legislation in Michigan; and

Whereas, Commission Nelson has frequently provided critical expert testimony before many state legislative and congressional panels; and

Whereas, Commissioner Nelson's intelligence, vision and integrity have earned him widespread acclaim and our deepest appreciation; now, therefore, be it

Resolved by the House of Representatives, That the members of this legislative body honor and commend Robert Brent Nelson upon leaving state government after years of distinguished service to Michigan and sincerely wish him continued success in all endeavors; and be it further

Resolved, That a copy of this resolution be transmitted to Robert Brent Nelson as a token of our esteem.

Pending the reference of the resolution to a committee,

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

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

The question being on the adoption of the resolution,

The resolution was adopted.

Reps. Elsenheimer, Accavitti, Ball, Casperson, Clack, Farrah, Garfield, Gleason, Gonzales, Gosselin, Hansen, Hildenbrand, Huizenga, Jones, Kehrl, Kolb, Kooiman, LaJoy, Lemmons, Jr., Marleau, Mayes, Meyer, Miller, Moore, Mortimer, Nofs, Pearce, Phillips, Polidori, Proos, Robertson, Sak, Shaffer, Stahl, Taub and Vander Veen offered the following resolution:

House Resolution No. 86.

A resolution to urge the United States Coast Guard to continue to operate a cutter ship out of Charlevoix.

Whereas, The United States Coast Guard has announced plans to scale back the number of cutter ships serving the Great Lakes. Under this proposal, the three ships, which operate out of Duluth, Port Huron, and Charlevoix, will be reduced to two when the Acacia, which is kept at Charlevoix, is decommissioned in 2006; and

Whereas, The United States Coast Guard Cutter Acacia, built in 1944, provides essential navigational, search and rescue, and other services. Its work tending to nearly 200 navigation aids and keeping channels open by breaking ice is of great importance to commerce and public safety. In addition, there have been occasions when this ship has helped in emergency situations, including missions to maintain services to the population on Beaver Island; and

Whereas, Reducing the number of ships providing buoy-tending and ice-cutting services by one-third would be a major blow to the individuals and businesses that rely upon the lakes. It is difficult to imagine how the vast areas of the Great Lakes could be covered by only two ships without a serious reduction in services and more difficulties in navigation on the lakes; and

Whereas, Charlevoix's role in lifesaving and promoting safe and efficient transportation on the Great Lakes is well established. The Coast Guard has operated a nautical rescue station in Charlevoix since 1889. The work carried out by the Acacia is an important component of these services and a valued resource for the community and the area. Having such a vessel is important to the area's economy on several levels, including tourism; now, therefore, be it

Resolved by the House of Representatives, That we urge the United States Coast Guard to continue to operate a cutter ship out of Charlevoix when the United States Coast Guard Cutter Acacia is decommissioned in 2006; and be it further

Resolved, That copies of this resolution be transmitted to the United States Coast Guard 9th District Headquarters in Cleveland, the United States Secretary of Transportation, the Commandant of the United States Coast Guard, and the members of the Michigan congressional delegation.

The resolution was referred to the Committee on Natural Resources, Great Lakes, Land Use, and Environment.

Reps. Meisner, Tobocman, Whitmer, Vagnozzi, Miller, Kathleen Law, Byrum, Zelenko, Kehrl, Plakas, Gonzales, Polidori, Donigan, Hopgood, Condino, Farrah, Accavitti, Lipsey, Waters, Leland, Alma Smith, Anderson, Gleason, Adamini, Lemmons, III and McConico offered the following concurrent resolution:

House Concurrent Resolution No. 16.

A concurrent resolution to create a tax expenditure joint study committee to make recommendations on the effectiveness and cost of tax expenditures in Michigan.

Whereas, Michigan will forego $29.4 billion in state revenue for fiscal year 2005 as a result of preferential provisions such as exclusions, deductions, exemptions, credits, deferrals, or lower tax rates, also known as tax expenditures; and

Whereas, Michigan's tax expenditures have grown $2.6 billion since fiscal year 2004; and

Whereas, The Governor has called for the annual review of $4.7 billion in these tax expenditures; and

Whereas, Michigan has recently addressed serious budget difficulties, which required the state to resolve nearly $3 billion in shortfall since 2003, and is now required to resolve another $773 million for fiscal year 2005; and

Whereas, There is growing interest in the book The Price of Government, and "zero-based budgeting," which requires the review of all expenditures, including tax subsidies; and

Whereas, Many tax expenditures support the values of Michigan, make the basic needs of Michiganders more affordable, and support economic growth and jobs in the state; and

Whereas, A detailed study of the effectiveness of each tax expenditure has not been undertaken during the recent budget crisis; and

Whereas, Many tax expenditures may not provide job creation and the positive economic impact originally intended. It is important to ensure that tax policies achieve economic development goals for the benefit of all Michigan citizens when balanced against the loss of revenues and state services; now, therefore, be it

Resolved by the House of Representatives (the Senate concurring), That we establish the tax expenditure joint study committee. The joint study committee shall be comprised of:

--Three members of the Senate, with two appointed by the Senate Majority Leader and one appointed by the Senate Minority Leader;

--Three members of the House of Representatives, with two appointed by the Speaker of the House and one appointed by the House Minority Leader;

--A member of the organized labor community appointed jointly by the legislators appointed to the tax expenditure joint study committee;

--A member of the business community appointed jointly by the legislators appointed to the tax expenditure joint study committee;

--A representative of the State Treasurer;

--A representative of the Director of the Department of Labor and Economic Growth; and

--A representative of the Department of Management and Budget.

The tax expenditure joint study committee shall explore the effectiveness of tax expenditures, study their relevance in today's economy and the goals of state government, and recommend the elimination, modification, or preservation of each of the individual tax expenditures currently in existence; and be it further

Resolved, That the tax expenditure joint study committee shall make recommendations to the Michigan Legislature not later than August 1, 2005; and be it further

Resolved, That the joint study committee is hereby authorized to expend a maximum amount of $5,000 in carrying out its duties and such additional expenditures deemed necessary and approved by the Senate Majority Leader and the Speaker of the House. Payment for contractual services may be authorized by the Senate Majority Leader and the Speaker of the House.

The concurrent resolution was referred to the Committee on Government Operations.

Announcement by the Clerk of Printing and Enrollment

The Clerk announced the enrollment printing and presentation to the Governor on Friday, June 3, for her approval of the following bills:

Enrolled House Bill No. 4356 at 2:52 p.m.

Enrolled House Bill No. 4602 at 2:54 p.m.

The Clerk announced that the following bills had been printed and placed upon the files of the members on Friday, June 3:

House Bill Nos. 4857 4858 4859 4860 4861 4862 4863 4864 4865 4866 4867 4868

Senate Bill Nos. 554 555 556 557 558 559 560 561 562 563

The Clerk announced that the following Senate bill had been received on Tuesday, June 7:

Senate Bill No. 224

By unanimous consent the House returned to the order of

Reports of Standing Committees

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

House Bill No. 4852, entitled

A bill to amend 1963 PA 181, entitled "Motor carrier safety act of 1963," by amending the title and sections 1a, 2d, 3, 4, 5, 6, 7, 7a, 7b, 7c, 7d, 11, and 12 (MCL 480.11a, 480.12d, 480.13, 480.14, 480.15, 480.16, 480.17, 480.17a, 480.17b, 480.17c, 480.17d, 480.21, and 480.22), the title and sections 1a, 2d, 3, 4, and 6 as amended and sections 7d and 12 as added by 1995 PA 265, section 5 as added by 1998 PA 337, sections 7, 7b, and 11 as amended by 2000 PA 98, section 7a as added by 1988 PA 359, and section 7c as amended by 2004 PA 168, and by adding sections 4a, 13, 14, and 15; 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.

Favorable Roll Call

To Report Out:

Yeas: Reps. LaJoy, David Law, Gosselin, Meyer, Casperson, Nitz, Wenke, Pavlov, Pearce, Anderson, Byrnes, Kathleen Law, Gleason and Leland

Nays: None

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

House Bill No. 4857, entitled

A bill to amend 1982 PA 432, entitled "Motor bus transportation act," by amending section 31 (MCL 474.131), as amended by 2001 PA 129.

Without amendment and with the recommendation that the bill pass.

The bill was referred to the order of Second Reading of Bills.

Favorable Roll Call

To Report Out:

Yeas: Reps. LaJoy, David Law, Gosselin, Meyer, Casperson, Nitz, Wenke, Pavlov, Pearce, Anderson, Byrnes, Kathleen Law, Gleason and Leland

Nays: None

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

House Bill No. 4858, entitled

A bill to amend 1949 PA 300, entitled "Michigan vehicle code," by amending sections 683, 723, and 724 (MCL 257.683, 257.723, and 257.724), section 683 as amended by 2000 PA 97, section 723 as amended by 2003 PA 152, and section 724 as amended by 2004 PA 420, and by adding section 312g; and to repeal acts and parts of acts.

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.

Favorable Roll Call

To Report Out:

Yeas: Reps. LaJoy, David Law, Gosselin, Meyer, Casperson, Nitz, Wenke, Pavlov, Pearce, Anderson, Byrnes, Kathleen Law, Gleason and Leland

Nays: None

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Tuesday, June 7, 2005

Present: Reps. LaJoy, David Law, Gosselin, Meyer, Casperson, Nitz, Wenke, Pavlov, Pearce, Anderson, Byrnes, Kathleen Law, Gleason and Leland

Absent: Reps. Moore, Murphy and Hood

Excused: Reps. Moore, Murphy and Hood

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

Senate Bill No. 384, entitled

A bill to designate the third Saturday in June as Juneteenth National Freedom Day; and to designate November 26 of each year as Sojourner Truth Day in the state of Michigan.

Without amendment and with the recommendation that the bill pass.

The bill was referred to the order of Second Reading of Bills.

Favorable Roll Call

To Report Out:

Yeas: Reps. Drolet, Hoogendyk, Gosselin, Garfield, Sheen, Tobocman and Lipsey

Nays: None

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Tuesday, June 7, 2005

Present: Reps. Drolet, Hoogendyk, Gosselin, Garfield, Sheen, Tobocman and Lipsey

Absent: Rep. Lemmons, III

Excused: Rep. Lemmons, III

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Tuesday, June 7, 2005

Present: Reps. Huizenga, Baxter, Emmons, Palsrok, Wenke, Green, Hildenbrand, Jones, David Law, Pavlov, Schuitmaker, Meisner, Tobocman, Murphy, Dillon, Bennett, Accavitti and McConico

Absent: Rep. Marleau

Excused: Rep. Marleau

Messages from the Senate

Senate Bill No. 224, entitled

A bill to amend 2002 PA 49, entitled "Michigan broadband development authority act," by amending section 7 (MCL 484.3207), as amended by 2003 PA 265.

The Senate has passed the bill.

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

Messages from the Governor

Date: June 2, 2005

Time: 9:16 a.m.

To the Speaker of the House of Representatives:

Sir--I have this day approved and signed

Enrolled House Bill No. 4142 (Public Act No. 31, I.E.), being

An act to amend 1970 PA 38, entitled "An act to provide for assessment and remedial assistance programs of students in reading, mathematics and vocational education," by amending section 2 (MCL 388.1082).

(Filed with the Secretary of State June 2, 2005, at 10:32 a.m.)

Date: June 2, 2005

Time: 9:12 a.m.

To the Speaker of the House of Representatives:

Sir--I have this day approved and signed

Enrolled House Bill No. 4603 (Public Act No. 32, I.E.), being

An act to amend 1994 PA 451, entitled "An act to protect the environment and natural resources of the state; to codify, revise, consolidate, and classify laws relating to the environment and natural resources of the state; to regulate the discharge of certain substances into the environment; to regulate the use of certain lands, waters, and other natural resources of the state; to prescribe the powers and duties of certain state and local agencies and officials; to provide for certain charges, fees, and assessments; to provide certain appropriations; to prescribe penalties and provide remedies; to repeal certain parts of this act on a specific date; and to repeal certain acts and parts of acts," by amending section 3109 (MCL 324.3109).

(Filed with the Secretary of State June 6, 2005, at 1:40 p.m.)

Communications from State Officers

The following communications from the Secretary of State were received and read:

Notices of Filing

Administrative Rules

May 13, 2005

In accordance with the provisions of Section 46(1) of Act 306, Public Acts of 1969, as amended, and Executive Order 1995-6 this is to advise you that the Michigan Department of Labor and Economic Growth, State Office of Administrative Hearings and Rules filed at 9:52 A.M. this date, administrative rule (05-05-01) for the Department of Labor and Economic Growth, Director's Office entitled "Athletic Board", effective immediately upon filing with the Secretary of State.

May 13, 2005

In accordance with the provisions of Section 46(1) of Act 306, Public Acts of 1969, as amended, and Executive Order 1995-6 this is to advise you that the Michigan Department of Labor and Economic Growth, State Office of Administrative Hearings and Rules filed at 9:54 A.M. this date, administrative rule (05-05-02) for the Department of Labor and Economic Growth, Director's Office entitled "Boxing", effective immediately upon filing with the Secretary of State.

May 13, 2005

In accordance with the provisions of Section 46(1) of Act 306, Public Acts of 1969, as amended, and Executive Order 1995-6 this is to advise you that the Michigan Department of Labor and Economic Growth, State Office of Administrative Hearings and Rules filed at 9:56 A.M. this date, administrative rule (05-05-03) for the Department of Labor and Economic Growth, Director's Office entitled "Michigan Children's Protection Registry", effective July 1, 2005.

May 13, 2005

In accordance with the provisions of Section 46(1) of Act 306, Public Acts of 1969, as amended, and Executive Order 1995-6 this is to advise you that the Michigan Department of Labor and Economic Growth, State Office of Administrative Hearings and Rules filed at 9:58 A.M. this date, administrative rule (05-05-04) for the Department of Labor and Economic Growth, Director's Office entitled "Overhead and Gantry Cranes", effective immediately upon filing with the Secretary of State.

May 13, 2005

In accordance with the provisions of Section 46(1) of Act 306, Public Acts of 1969, as amended, and Executive Order 1995-6 this is to advise you that the Michigan Department of Labor and Economic Growth, State Office of Administrative Hearings and Rules filed at 10:00 A.M. this date, administrative rule (05-05-05) for the Department of State Police, Forensic Science Division entitled "Alcohol and Drug Testing of Biological and Nonbiological Specimens", effective 7 days after filing with the Secretary of State.

May 13, 2005

In accordance with the provisions of Section 46(1) of Act 306, Public Acts of 1969, as amended, and Executive Order 1995-6 this is to advise you that the Michigan Department of Labor and Economic Growth, State Office of Administrative Hearings and Rules filed at 10:02 A.M. this date, administrative rule (05-05-06) for the Department of Education, Office of School Improvement entitled "Boarding School Licenses", effective 7 days after filing with the Secretary of State.

May 20, 2005

In accordance with the provisions of Section 46(1) of Act 306, Public Acts of 1969, as amended, and Executive Order 1995-6 this is to advise you that the Michigan Department of Labor and Economic Growth, State Office of Administrative Hearings and Rules filed at 10:55 A.M. this date, administrative rule (05-05-07) for the Department of Education, State Board of Education entitled "Special Education Programs and Services", effective immediately upon filing with the Secretary of State.

May 20, 2005

In accordance with the provisions of Section 46(1) of Act 306, Public Acts of 1969, as amended, and Executive Order 1995-6 this is to advise you that the Michigan Department of Labor and Economic Growth, State Office of Administrative Hearings and Rules filed at 10:57 A.M. this date, administrative rule (05-05-08) for the Department of Labor and Economic Growth, State Office of Administrative Hearings and Rules entitled "Due Process Procedures for Special Education". These rules take effect on July 1, 2006.

Sincerely,

Terri Lynn Land

Secretary of State

Robin Houston, Office Supervisor

Office of the Great Seal

The communications were referred to the Clerk.

The following communication from the Department of Community Health was received and read:

May 23, 2005

In accordance with MCL 333.7524, I am pleased to present to the Michigan Legislature the 13th comprehensive report on asset forfeiture. Michigan's asset forfeiture program saves taxpayer money and deprives drug criminals of cash and property obtained through illegal activity. Michigan's law enforcement community has done an outstanding job of stripping drug dealers of illicit gain and utilizing these proceeds to expand and enhance drug enforcement efforts to protect our citizens.

During 2004, over $18.7 million in cash and assets amassed by drug traffickers was forfeited and put back into the fight against drugs through the use of state and federal forfeiture laws. Extensive multi-agency teamwork is evident in this report. Considerable assets were obtained as the result of joint enforcement involving several agencies at the federal, state, and local levels.

Forfeiture funds were used to further enforce drug laws by providing resources for drug enforcement personnel, needed equipment, undercover informant and investigative costs, and matching funds to obtain federal grants. Some of the forfeited assets were also used for drug and gang prevention education programs.

I commend our law enforcement community for the tremendous job they have done and submit this report for your information and review.

Sincerely,

Yvonne Blackmond

Office of Drug Control Policy

Director

The communication was referred to the Clerk.

Introduction of Bills

Reps. Baxter, Taub, Gosselin, Sheltrown, Hoogendyk, Murphy, Marleau, Schuitmaker, Bieda and Nitz introduced

House Bill No. 4869, entitled

A bill to amend 1949 PA 300, entitled "Michigan vehicle code," by amending sections 303, 307, 310, and 314 (MCL 257.303, 257.307, 257.310, and 257.314), sections 303 and 314 as amended by 2004 PA 362, section 307 as amended by 2004 PA 502, and section 310 as amended by 2004 PA 495, and by adding sections 310f and 310g.

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

Reps. Caswell, Taub, Stahl, Condino and Plakas introduced

House Bill No. 4870, entitled

A bill to amend 1998 PA 386, entitled "Estates and protected individuals code," by amending sections 1104 and 3614 (MCL 700.1104 and 700.3614), section 1104 as amended by 2000 PA 54 and section 3614 as amended by 2004 PA 343, and by adding sections 3206, 3207, and 3208.

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

Reps. Farhat, Garfield, Caul, Pavlov, Moore and Mortimer introduced

House Bill No. 4871, entitled

A bill to amend 1899 PA 214, entitled "An act to provide relief outside of the soldiers' home for honorably discharged indigent soldiers, sailors, marines, nurses and members of women's auxiliaries and the indigent wives, widows and minor children of such indigent or deceased soldiers, sailors, marines, nurses and members of women's auxiliaries, and to repeal certain acts and parts of acts," by amending the title and sections 1, 2, 3, 4, 5, and 7 (MCL 35.21, 35.22, 35.23, 35.24, 35.25, and 35.27), section 1 as amended by 1984 PA 168; and to repeal acts and parts of acts.

The bill was read a first time by its title and referred to the Committee on Veterans Affairs and Homeland Security.

Rep. Hansen introduced

House Bill No. 4872, entitled

A bill to make appropriations for the department of agriculture for the fiscal year ending September 30, 2006; to provide for the expenditure of the appropriations; and to provide for the disposition of fees and other income received by various agencies.