2005-HJ-06-16-056

No. 56

STATE OF MICHIGAN

JOURNAL

OF THE

House of Representatives

93rd Legislature

REGULAR SESSION OF 2005

House Chamber, Lansing, Thursday, June 16, 2005.

10:30 a.m.

The House was called to order by the Speaker.

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--excused Sheltrown--present

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

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

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

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

Brandenburg--excused 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--present 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--present

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--excused

Elsenheimer--present Law, Kathleen--present

e/d/s = entered during session

Rep. Jeff Mayes, from the 96th District, offered the following invocation:

"Our God, we thank You for all the gifts You have bestowed upon us. We humbly ask that You give special wisdom and leadership to the men and women who lead us in this legislative body and to all of us in making the laws of this great state. May we govern with wisdom, honesty and integrity in accordance with the principles of Your word.

Help us to make sound decisions for all of the residents of the great state of Michigan, whether in our small towns or large urban centers.

We also ask You to kindly look with special care on the brave sons and daughters of Michigan and across the nation who are serving to defend our great country at home and abroad in these troubled times.

Protect them from harm, bless them with courage and give us all the hope that peace, love and understanding may reign in our hearts. And, we ask Your help in achieving peace through understanding for all the people of this state, this nation and this world.

In Your name we offer this prayer. Amen."

______

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

Rep. Palmer moved that Rep. Brandenburg be excused from today's session.

The motion prevailed.

Rep. Sak moved that Reps. McConico and Meisner be excused from today's session.

The motion prevailed.

Motions and Resolutions

Reps. Murphy, Accavitti, Adamini, Anderson, Ball, Bieda, Brown, Byrnes, Byrum, Caswell, Caul, Clack, Clemente, Condino, Cushingberry, Elsenheimer, Farrah, Gaffney, Garfield, Gillard, Gleason, Gonzales, Hansen, Hildenbrand, Hood, Hopgood, Hunter, Jones, Kehrl, Kolb, David Law, Leland, Lemmons, III, Lemmons, Jr., Lipsey, Mayes, McDowell, Meyer, Miller, Phillips, Plakas, Polidori, Proos, Rocca, Sak, Shaffer, Sheltrown, Alma Smith, Spade, Stewart, Taub, Tobocman, Vagnozzi and Vander Veen offered the following resolution:

House Resolution No. 93.

A resolution commemorating the 12th Annual Juneteenth Celebration and Festival in honor of Juneteenth Day.

Whereas, It is a great pleasure and distinct privilege to join in commemorating the 12th anniversary of Juneteenth Day in Michigan; and

Whereas, This day will be commemorated at the State Capitol Building in Lansing, Michigan, on Thursday, June 16, 2005; and

Whereas, This year's theme is "Beyond Emancipation Continuing Towards Empowerment"; and

Whereas, The Juneteenth Celebration in Lansing was founded in 1993 by a few caring citizens who wanted to recognize this special day in history. It can trace its roots to the pioneering spirit of courageous men and women who first cleared the land and built the institutions and homes that make this nation a home for individuals and families seeking a secure and prosperous tomorrow; and

Whereas, Juneteenth had its beginning on June 19, 1865, with the aspirations of its founders. On that day, when Union General Gordon Granger landed at Galveston, Texas, to present and read General Order No. 3, the nation of "liberty for all" became a reality as the Emancipation Proclamation to end slavery went into effect across the entire United States; and

Whereas, By observing an anniversary like Juneteenth Day, we all learn a little more about our history. For the children of Michigan, there are even greater rewards, as they discover that they are part of the traditions of citizenship that will be with them their entire lives. With the wonderful gifts they share, the citizens of Michigan certainly have good reason for thanks and for optimism; and

Whereas, With ceremonies to celebrate history, the members and officers responsible for the 12th Annual Juneteenth Celebration and Festival will remember the vision of many people and the hours and years of commitment that have brought the group to this point. Fittingly, as we look to the past, we will also be looking to the future and to the many ways in which Juneteenth Day will continue to reach out in our state; now, therefore, be it

Resolved by the House of Representatives, That the members of this legislative body commemorate the 12th Annual Juneteenth Celebration and Festival in honor of Juneteenth Day. We express appreciation for its valuable role in the state of Michigan; and be it further

Resolved, That a copy of this resolution be transmitted to the Juneteenth Day Committee and Mask Memorial Christian Methodist Episcopal Church as evidence 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. Kolb, Stewart, Tobocman, Byrnes, Lipsey, Gonzales, Farrah, Gillard, Taub, Kathleen Law, Lemmons, III, Accavitti, Adamini, Anderson, Angerer, Ball, Baxter, Bieda, Booher, Brown, Byrum, Caswell, Caul, Casperson, Cheeks, Clack, Clemente, Condino, Cushingberry, Elsenheimer, Farhat, Gaffney, Garfield, Gleason, Hansen, Hildenbrand, Hopgood, Hunter, Jones, Kehrl, LaJoy, David Law, Leland, Lemmons, Jr., Marleau, Mayes, McDowell, Meyer, Murphy, Nitz, Phillips, Plakas, Polidori, Proos, Rocca, Sak, Shaffer, Sheltrown, Alma Smith, Spade, Vagnozzi and Vander Veen offered the following resolution:

House Resolution No. 94.

A resolution honoring and congratulating the 2005 University of Michigan women's softball team upon winning the Women's College World Series.

Whereas, On June 8, 2005, in Oklahoma City, Oklahoma, the number one ranked Wolverines defeated the seventh ranked UCLA Bruins in a 4-1 extra inning game to bring home the first national championship in the program's history; and

Whereas, The University of Michigan, in its 72 game season, advanced to its eighth women's college world series (WCWS), earned its first number one ranking midseason, won its tenth Big Ten Conference championship, and seventh Big Ten Tournament title. The University of Michigan is the first team east of the Mississippi River to reach the WCWS championship game and the first non-west coast school to be ranked number one midseason; and

Whereas, Coach Carol Hutchins earned her 900th career win. Pitcher Jennie Ritter earned the honor of Big Ten Pitcher of the Year and was one of three finalists for the USA Softball Collegiate Player of the Year. Other members of the team include: Lorilyn Wilson, Jennifer Kreinbrink, Lauren Talbot, Tiffany Worthy, Stephanie Bercaw, Michelle Teschler, Stephanie Winter, Grace Leutele, Lauren Holland, Samantha Findlay, Alessandra Giampaolo, Nicole Motycka, Rebekah Milian, Tiffany Haas, Michelle Weatherdon, Jessica Merchant, Becky Marx, and Angie Danis; and

Whereas, These truly exceptional young women balanced class work, community service, practice, and over 15 games per month, all while maintaining strong academic records. Six team members earned Academic All Big Ten honors; now, therefore, be it

Resolved by the House of Representatives, That the members of this legislative body honor Coach Carol Hutchins, the assistant coaches, and all of the players of the University of Michigan women's softball team on their title of 2005 National Champions. May they know of our admiration and wishes for success in the future.

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.

Announcement by the Clerk of Printing and Enrollment

The Clerk announced that the following bills had been printed and placed upon the files of the members on Thursday, June 16:

House Bill Nos. 4940 4941 4942 4943 4944 4945 4946 4947 4948

Senate Bill Nos. 583 584

The Clerk announced that the following Senate bills had been received on Thursday, June 16:

Senate Bill Nos. 264 266 267 268 269 270 271 274 275 277 278 280 281 387 393

Messages from the Governor

Date: June 16, 2005

Time: 9:43 a.m.

To the Speaker of the House of Representatives:

Sir--I have this day approved and signed

Enrolled House Bill No. 4356 (Public Act No. 44, I.E.), being

An act to amend 1961 PA 236, entitled "An act to revise and consolidate the statutes relating to the organization and jurisdiction of the courts of this state; the powers and duties of such courts, and of the judges and other officers thereof; the forms and attributes of civil claims and actions; the time within which civil actions and proceedings may be brought in said courts; pleading, evidence, practice and procedure in civil and criminal actions and proceedings in said courts; to provide remedies and penalties for the violation of certain provisions of this act; to repeal all acts and parts of acts inconsistent with or contravening any of the provisions of this act; and to repeal acts and parts of acts," by amending section 2919a (MCL 600.2919a).

(Filed with the Secretary of State June 16, 2005, at 10:26 a.m.)

Date: June 16, 2005

Time: 9:45 a.m.

To the Speaker of the House of Representatives:

Sir--I have this day approved and signed

Enrolled House Bill No. 4602 (Public Act No. 45, I.E.), being

An act to amend 1951 PA 51, entitled "An act to provide for the classification of all public roads, streets, and highways in this state, and for the revision of that classification and for additions to and deletions from each classification; to set up and establish the Michigan transportation fund; to provide for the deposits in the Michigan transportation fund of specific taxes on motor vehicles and motor vehicle fuels; to provide for the allocation of funds from the Michigan transportation fund and the use and administration of the fund for transportation purposes; to set up and establish the trucksafety fund; to provide for the allocation of funds from the truck safety fund and administration of the fund for truck safetypurposes; to set up and establish the Michigan truck safety commission; to establish certain standards for road contractsfor certain businesses; to provide for the continuing review of transportation needs within the state; to authorize the state transportation commission, counties, cities, and villages to borrow money, issue bonds, and make pledges of funds for transportation purposes; to authorize counties to advance funds for the payment of deficiencies necessary for the paymentof bonds issued under this act; to provide for the limitations, payment, retirement, and security of the bonds and pledges; to provide for appropriations and tax levies by counties and townships for county roads; to authorize contributions by townships for county roads; to provide for the establishment and administration of the state trunk line fund, local bridgefund, comprehensive transportation fund, and certain other funds; to provide for the deposits in the state trunk line fund, critical bridge fund, comprehensive transportation fund, and certain other funds of money raised by specific taxes and fees; to provide for definitions of public transportation functions and criteria; to define the purposes for which Michigan transportation funds may be allocated; to provide for Michigan transportation fund grants; to provide for review and approval of transportation programs; to provide for submission of annual legislative requests and reports; to provide for the establishment and functions of certain advisory entities; to provide for conditions for grants; to provide for the issuance of bonds and notes for transportation purposes; to provide for the powers and duties of certain state and local agencies and officials; to provide for the making of loans for transportation purposes by the state transportation department and for the receipt and repayment by local units and agencies of those loans from certain specified sources; and to repeal acts and parts of acts," by amending section 10c (MCL 247.660c), as amended by 2002 PA 498.

(Filed with the Secretary of State June 16, 2005, at 10:28 a.m.)

______

The Speaker Pro Tempore assumed the Chair.

By unanimous consent the House returned to the order of

Second Reading of Bills

House Bill No. 4133, entitled

A bill to amend 1961 PA 236, entitled "Revised judicature act of 1961," by repealing section 1831 (MCL 600.1831).

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

The substitute (H-2) was not adopted, a majority of the members serving not voting therefor.

Rep. Accavitti moved to substitute (H-3) the bill.

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

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

The motion prevailed.

House Bill No. 4679, entitled

A bill to amend 1975 PA 197, entitled "An act to provide for the establishment of a downtown development authority; to prescribe its powers and duties; to correct and prevent deterioration in business districts; to encourage historic preservation; to authorize the acquisition and disposal of interests in real and personal property; to authorize the creation and implementation of development plans in the districts; to promote the economic growth of the districts; to create a board; to prescribe its powers and duties; to authorize the levy and collection of taxes; to authorize the issuance of bonds and other evidences of indebtedness; to authorize the use of tax increment financing; to reimburse downtown development authorities for certain losses of tax increment revenues; and to prescribe the powers and duties of certain state officials," by amending sections 1, 3, 4, and 7 (MCL 125.1651, 125.1653, 125.1654, and 125.1657), sections 1 and 7 as amended by 2004 PA 196, section 3 as amended by 2004 PA 521, and section 4 as amended by 1987 PA 66.

The bill was read a second time.

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

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

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

The motion prevailed.

House Bill No. 4915, entitled

A bill to amend 1974 PA 198, entitled "An act to provide for the establishment of plant rehabilitation districts and industrial development districts in local governmental units; to provide for the exemption from certain taxes; to levy and collect a specific tax upon the owners of certain facilities; to impose and provide for the disposition of an administrative fee; to provide for the disposition of the tax; to provide for the obtaining and transferring of an exemption certificate and to prescribe the contents of those certificates; to prescribe the powers and duties of the state tax commission and certain officers of local governmental units; and to provide penalties," by amending section 2 (MCL 207.552), as amended by 2003 PA 5.

The bill was read a second time.

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

The motion prevailed.

______

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

The motion prevailed.

By unanimous consent the House returned to the order of

Third Reading of Bills

Senate Bill No. 73, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending section 5505 (MCL 324.5505).

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

Roll Call No. 205 Yeas--104

Accavitti Elsenheimer Law, David Robertson

Acciavatti Emmons Law, Kathleen Rocca

Adamini Espinoza Leland Sak

Amos Farhat Lemmons, III Schuitmaker

Anderson Farrah Lemmons, Jr. Shaffer

Angerer Gaffney Lipsey Sheen

Ball Garfield Marleau Sheltrown

Baxter Gillard Mayes Smith, Alma

Bennett Gleason McDowell Smith, Virgil

Bieda Gonzales Meyer Spade

Booher Gosselin Miller Stahl

Brown Green Moolenaar Stakoe

Byrnes Hansen Moore Steil

Byrum Hildenbrand Mortimer Stewart

Casperson Hood Murphy Taub

Caswell Hoogendyk Newell Tobocman

Caul Hopgood Nitz Vagnozzi

Cheeks Huizenga Nofs Van Regenmorter

Clack Hummel Palmer Vander Veen

Clemente Hune Palsrok Walker

Condino Jones Pastor Ward

Cushingberry Kahn Pavlov Waters

DeRoche Kehrl Pearce Wenke

Dillon Kolb Phillips Whitmer

Donigan Kooiman Polidori Williams

Drolet LaJoy Proos Wojno

Nays--0

In The Chair: Kooiman

Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows:

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

The House agreed to the full title.

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

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

Senate Bill No. 2, entitled

A bill to amend 1982 PA 239, entitled "An act to license and regulate animal food manufacturing plants, transfer stations, dead animal dealers, rendering plants, and certain vehicles; to regulate the disposal of dead animals and to provide for poultry and livestock composting; to prescribe powers and duties of certain state departments; to impose fees; to provide for remedies and to prescribe penalties; and to repeal acts and parts of acts," by amending sections 3, 4, 15, 19, and 21 (MCL 287.653, 287.654, 287.665, 287.669, and 287.671), sections 3, 15, 19, and 21 as amended by 1998 PA 299 and section 4 as amended by 1993 PA 228.

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

Roll Call No. 206 Yeas--104

Accavitti Emmons Law, David Proos

Acciavatti Espinoza Law, Kathleen Robertson

Adamini Farhat Leland Rocca

Amos Farrah Lemmons, III Sak

Angerer Gaffney Lemmons, Jr. Schuitmaker

Ball Garfield Lipsey Shaffer

Baxter Gillard Marleau Sheen

Bennett Gleason Mayes Sheltrown

Bieda Gonzales McDowell Smith, Alma

Booher Gosselin Meyer Smith, Virgil

Brown Green Miller Spade

Byrnes Hansen Moolenaar Stahl

Byrum Hildenbrand Moore Stakoe

Casperson Hood Mortimer Steil

Caswell Hoogendyk Murphy Stewart

Caul Hopgood Newell Taub

Cheeks Huizenga Nitz Tobocman

Clack Hummel Nofs Van Regenmorter

Clemente Hune Palmer Vander Veen

Condino Hunter Palsrok Walker

Cushingberry Jones Pastor Ward

DeRoche Kahn Pavlov Waters

Dillon Kehrl Pearce Wenke

Donigan Kolb Phillips Whitmer

Drolet Kooiman Plakas Williams

Elsenheimer LaJoy Polidori Wojno

Nays--2

Anderson Vagnozzi

In The Chair: Kooiman

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.

Senate Bill No. 512, entitled

A bill to amend 1989 PA 24, entitled "The district library establishment act," by amending sections 2, 3, 4, 11, 12, 15, 19, 20, 21, 23, and 24 (MCL 397.172, 397.173, 397.174, 397.181, 397.182, 397.185, 397.189, 397.190, 397.191, 397.193, and 397.194), sections 2 and 3 as amended by 2001 PA 64, section 11 as amended by 2002 PA 159, section 12 as amended by 2002 PA 540, and section 15 as amended by 1994 PA 114, and by adding section 3a.

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

Roll Call No. 207 Yeas--106

Accavitti Emmons Law, Kathleen Robertson

Acciavatti Espinoza Leland Rocca

Adamini Farhat Lemmons, III Sak

Amos Farrah Lemmons, Jr. Schuitmaker

Anderson Gaffney Lipsey Shaffer

Angerer Garfield Marleau Sheen

Ball Gillard Mayes Sheltrown

Baxter Gleason McDowell Smith, Alma

Bennett Gonzales Meyer Smith, Virgil

Bieda Gosselin Miller Spade

Booher Green Moolenaar Stahl

Brown Hansen Moore Stakoe

Byrnes Hildenbrand Mortimer Steil

Byrum Hood Murphy Stewart

Casperson Hoogendyk Newell Taub

Caswell Hopgood Nitz Tobocman

Caul Huizenga Nofs Vagnozzi

Cheeks Hummel Palmer Van Regenmorter

Clack Hune Palsrok Vander Veen

Clemente Hunter Pastor Walker

Condino Jones Pavlov Ward

Cushingberry Kahn Pearce Waters

DeRoche Kehrl Phillips Wenke

Dillon Kolb Plakas Whitmer

Donigan Kooiman Polidori Williams

Drolet LaJoy Proos Wojno

Elsenheimer Law, David

Nays--0

In The Chair: Kooiman

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 1989 PA 24, entitled "An act to provide for the establishment and maintenance of district libraries; to provide for district library boards; to define the powers and duties of certain state and local governmental entities; to prescribe penalties and provide remedies; and to repeal acts and parts of acts," by amending sections 2, 3, 4, 11, 12, 15, 19, 20, 21, 23, and 24 (MCL 397.172, 397.173, 397.174, 397.181, 397.182, 397.185, 397.189, 397.190, 397.191, 397.193, and 397.194), sections 2 and 3 as amended by 2001 PA 64, section 11 as amended by 2002 PA 159, section 12 as amended by 2002 PA 540, and section 15 as amended by 1994 PA 114, and by adding sections 3a and 3b.

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.

Senate Bill No. 513, entitled

A bill to amend 1954 PA 116, entitled "Michigan election law," by amending sections 301, 302, 312, 370, 381, 498, 641, 642a, 653a, 699, and 963 (MCL 168.301, 168.302, 168.312, 168.370, 168.381, 168.498, 168.641, 168.642a, 168.653a, 168.699, and 168.963), section 301 as amended by 2004 PA 286, sections 302 and 312 as added and sections 370 and 963 as amended by 2003 PA 302, section 381 as amended by 2004 PA 290, section 498 as amended by 1984 PA 89, section 641 as amended by 2003 PA 298, section 642a as amended by 2004 PA 294, section 653a as added by 1982 PA 2, and section 699 as amended by 2004 PA 297.

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

Roll Call No. 208 Yeas--106

Accavitti Emmons Law, Kathleen Robertson

Acciavatti Espinoza Leland Rocca

Adamini Farhat Lemmons, III Sak

Amos Farrah Lemmons, Jr. Schuitmaker

Anderson Gaffney Lipsey Shaffer

Angerer Garfield Marleau Sheen

Ball Gillard Mayes Sheltrown

Baxter Gleason McDowell Smith, Alma

Bennett Gonzales Meyer Smith, Virgil

Bieda Gosselin Miller Spade

Booher Green Moolenaar Stahl

Brown Hansen Moore Stakoe

Byrnes Hildenbrand Mortimer Steil

Byrum Hood Murphy Stewart

Casperson Hoogendyk Newell Taub

Caswell Hopgood Nitz Tobocman

Caul Huizenga Nofs Vagnozzi

Cheeks Hummel Palmer Van Regenmorter

Clack Hune Palsrok Vander Veen

Clemente Hunter Pastor Walker

Condino Jones Pavlov Ward

Cushingberry Kahn Pearce Waters

DeRoche Kehrl Phillips Wenke

Dillon Kolb Plakas Whitmer

Donigan Kooiman Polidori Williams

Drolet LaJoy Proos Wojno

Elsenheimer Law, David

Nays--0

In The Chair: Kooiman

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 1954 PA 116, entitled "An act to reorganize, consolidate, and add to the election laws; to provide for election officials and prescribe their powers and duties; to prescribe the powers and duties of certain state departments, state agencies, and state and local officials and employees; to provide for the nomination and election of candidates for public office; to provide for the resignation, removal, and recall of certain public officers; to provide for the filling of vacancies in public office; to provide for and regulate primaries and elections; to provide for the purity of elections; to guard against the abuse of the elective franchise; to define violations of this act; to provide appropriations; to prescribe penalties and provide remedies; and to repeal certain acts and all other acts inconsistent with this act," by amending sections 301, 302, 312, 370, 381, 498, 500b, 509m, 509q, 509gg, 641, 642a, 653a, 699, and 963 (MCL 168.301, 168.302, 168.312, 168.370, 168.381, 168.498, 168.500b, 168.509m, 168.509q, 168.509gg, 168.641, 168.642a, 168.653a, 168.699, and 168.963), section 301 as amended by 2004 PA 286, sections 302 and 312 as added and sections 370, 509gg, and 963 as amended by 2003 PA 302, section 381 as amended by 2004 PA 290, section 498 as amended by 1984 PA 89, section 500b as amended by 1989 PA 142, section 509m as amended by 2004 PA 92, section 509q as added by 1994 PA 441, section 641 as amended by 2003 PA 298, section 642a as amended by 2004 PA 294, section 653a as added by 1982 PA 2, and section 699 as amended by 2004 PA 297, and by adding sections 302a and 509hh.

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.

By unanimous consent the House returned to the order of

Motions and Resolutions

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

The motion prevailed.

Reports of Standing Committees

The Committee on Banking and Financial Services, by Rep. Robertson, Chair, reported

House Bill No. 4834, entitled

A bill to regulate the business of providing deferred presentment service transactions; to require the licensing of providers of deferred presentment service transactions; 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-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. Robertson, Green, Hune, Palsrok, Hunter, Dillon, Clemente and Mayes

Nays: None

COMMITTEE ATTENDANCE REPORT

The following report, submitted by Rep. Robertson, Chair, of the Committee on Banking and Financial Services, was received and read:

Meeting held on: Wednesday, June 15, 2005

Present: Reps. Robertson, Green, Huizenga, Hune, Palsrok, Hunter, Dillon, Clemente and Mayes

The Committee on Local Government and Urban Policy, by Rep. Elsenheimer, Vice-Chair, reported

House Bill No. 4576, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," (MCL 324.101 to 324.90106) by adding section 30111a.

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. Stakoe, Elsenheimer, Van Regenmorter, Robertson, Nitz, Baxter, Schuitmaker and Accavitti

Nays: Reps. Tobocman, Donigan and Vagnozzi

COMMITTEE ATTENDANCE REPORT

The following report, submitted by Rep. Elsenheimer, Vice-Chair, of the Committee on Local Government and Urban Policy, was received and read:

Meeting held on: Wednesday, June 15, 2005

Present: Reps. Stakoe, Elsenheimer, Van Regenmorter, Robertson, Nitz, Baxter, Schuitmaker, Tobocman, Accavitti, Donigan and Vagnozzi

The Committee on Natural Resources, Great Lakes, Land Use, and Environment, by Rep. Palsrok, Chair, reported

House Bill No. 4860, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending section 3109 (MCL 324.3109).

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.

Favorable Roll Call

To Report Out:

Yeas: Reps. Palsrok, Pavlov, Meyer, Palmer, LaJoy, Elsenheimer, Moore, Pearce, Gillard, Miller, Byrnes, Bennett and Donigan

Nays: None

The Committee on Natural Resources, Great Lakes, Land Use, and Environment, by Rep. Palsrok, Chair, reported

Senate Bill No. 356, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," (MCL 324.101 to 324.90106) by adding section 5309a.

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. Palsrok, Pavlov, Meyer, Palmer, LaJoy, Elsenheimer, Moore, Pearce, Gillard, Miller, Byrnes and Bennett

Nays: None

The Committee on Natural Resources, Great Lakes, Land Use, and Environment, by Rep. Palsrok, Chair, reported

Senate Bill No. 419, entitled

A bill to amend 1939 PA 3, entitled "An act to provide for the regulation and control of public utilities and other services affected with a public interest within this state; to provide for alternative energy suppliers; to provide for licensing; to include municipally owned utilities and other providers of energy under certain provisions of this act; to create a public service commission and to prescribe and define its powers and duties; to abolish the Michigan public utilities commission and to confer the powers and duties vested by law on the public service commission; to provide for the continuance, transfer, and completion of certain matters and proceedings; to abolish automatic adjustment clauses; to prohibit certain rate increases without notice and hearing; to qualify residential energy conservation programs permitted under state law for certain federal exemption; to create a fund; to provide for a restructuring of the manner in which energy is provided in this state; to encourage the utilization of resource recovery facilities; to prohibit certain acts and practices of providers of energy; to allow for the securitization of stranded costs; to reduce rates; to provide for appeals; to provide appropriations; to declare the effect and purpose of this act; to prescribe remedies and penalties; and to repeal acts and parts of acts," by amending section 6 (MCL 460.6), as amended by 1993 PA 355.

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. Palsrok, Pavlov, Meyer, Palmer, LaJoy, Elsenheimer, Moore, Pearce, Gillard, Miller, Byrnes and Bennett

Nays: None

COMMITTEE ATTENDANCE REPORT

The following report, submitted by Rep. Palsrok, Chair, of the Committee on Natural Resources, Great Lakes, Land Use, and Environment, was received and read:

Meeting held on: Thursday, June 16, 2005

Present: Reps. Palsrok, Pavlov, Meyer, Palmer, LaJoy, Elsenheimer, Moore, Pearce, Gillard, Miller, Byrnes, Bennett and Donigan

Absent: Reps. Ward and Kathleen Law

Excused: Reps. Ward and Kathleen Law

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Thursday, June 16, 2005

Present: Reps. Huizenga, Baxter, Emmons, Palsrok, Wenke, Hildenbrand, Jones, Marleau, Pavlov, Schuitmaker, Tobocman, Murphy, Dillon, Bennett and Accavitti

Absent: Reps. Green, David Law, Meisner and McConico

Excused: Reps. Green, David Law, Meisner and McConico

Introduction of Bills

Reps. Casperson, Caul, Adamini, Brown, Nofs, Emmons, Vander Veen, Polidori, Gleason, Spade, Booher, Green, Meyer, Gaffney, Hune, Sak, Stahl, Ball, Kahn, Garfield, Hansen, Stewart, Jones, Pastor, Proos, Palsrok, Hildenbrand, Hummel, Kooiman, Schuitmaker, Condino and Van Regenmorter introduced

House Bill No. 4949, entitled

A bill to prevent certain unfair methods of competition and pricing practices in the distribution of motor fuel; to prescribe powers and duties of certain state officers and agencies and the courts; and to provide remedies, fines, and penalties for violations of this act.

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

Rep. Meyer introduced

House Bill No. 4950, entitled

A bill to authorize the department of management and budget to convey certain state owned property in Tuscola county; to prescribe conditions for the conveyance; and to provide for disposition of revenue derived from the conveyance.

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

Reps. Gonzales and Meisner introduced

House Bill No. 4951, entitled

A bill to amend 1967 PA 281, entitled "Income tax act of 1967," by amending section 36 (MCL 206.36).

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

Rep. Miller introduced

House Bill No. 4952, entitled

A bill to amend 1937 PA 94, entitled "Use tax act," by amending section 3a (MCL 205.93a), as amended by 2004 PA 172.

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

Reps. Gonzales and Meisner introduced

House Bill No. 4953, entitled

A bill to amend 1967 PA 281, entitled "Income tax act of 1967," by amending section 30 (MCL 206.30), as amended by 2004 PA 394.

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

Reps. Kolb, McConico, Donigan, Tobocman, Alma Smith, Condino, Lipsey, Leland, Murphy, Byrnes, Anderson, Vagnozzi, Gleason, Meisner, Zelenko, Whitmer, Gonzales, Bieda, Farrah, Cheeks, Lemmons, Jr., Hunter, Hood, Kathleen Law, Waters, Gillard, Gaffney, Wenke, Stewart, Clack and Lemmons, III introduced

House Bill No. 4954, entitled

A bill to amend 1931 PA 328, entitled "The Michigan penal code," by amending section 147b (MCL 750.147b), as added by 1988 PA 371.

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

Reps. Kolb, McConico, Donigan, Tobocman, Alma Smith, Condino, Lipsey, Murphy, Byrnes, Anderson, Leland, Vagnozzi, Gleason, Meisner, Zelenko, Whitmer, Gonzales, Bieda, Farrah, Cheeks, Lemmons, Jr., Polidori, Hunter, Hood, Kathleen Law, Waters, Gillard, Wenke, Stewart and Lemmons, III introduced

House Bill No. 4955, entitled

A bill to amend 1927 PA 175, entitled "The code of criminal procedure," by amending section 16g of chapter XVII (MCL 777.16g), as amended by 2002 PA 630.

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

Reps. Kolb, McConico, Miller, Donigan, Tobocman, Alma Smith, Byrnes, Condino, Lipsey, Leland, Murphy, Anderson, Vagnozzi, Gleason, Meisner, Zelenko, Whitmer, Gonzales, Farrah, Cheeks, Lemmons, Jr., Hunter, Hood, Kathleen Law, Waters, Gillard, Wenke, Stewart and Lemmons, III introduced

House Bill No. 4956, entitled

A bill to amend 1976 PA 453, entitled "Elliott-Larsen civil rights act," by amending the title and sections 102, 103, 202, 203, 204, 205, 206, 207, 209, 302, 302a, 402, 502, 504, 505, and 506 (MCL 37.2102, 37.2103, 37.2202, 37.2203, 37.2204, 37.2205, 37.2206, 37.2207, 37.2209, 37.2302, 37.2302a, 37.2402, 37.2502, 37.2504, 37.2505, and 37.2506), the title as amended by 1992 PA 258, sections 102, 502, 504, 505, and 506 as amended by 1992 PA 124, section 103 as amended by 1999 PA 202, section 202 as amended by 1991 PA 11, section 302a as added by 1992 PA 70, and section 402 as amended by 1993 PA 216.

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

Rep. Taub introduced

House Bill No. 4957, entitled

A bill to amend 1927 PA 175, entitled "The code of criminal procedure," by amending section 16t of chapter XVII (MCL 777.16t), as amended by 2004 PA 112.

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

Rep. Caul introduced

House Bill No. 4958, entitled

A bill to amend 1927 PA 175, entitled "The code of criminal procedure," by amending section 15g of chapter XVII (MCL 777.15g), as added by 2002 PA 206.

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

Reps. Ward, Byrum, Murphy, Kooiman, Moolenaar, Sak, Meyer, Farrah, Byrnes, Kahn, Caul, Hune, Mortimer, Jones, Vagnozzi, Green, Steil, Gonzales, Garfield, Miller, Marleau, Vander Veen, Clemente, Kehrl, Bennett, Angerer, Leland, Cushingberry, Waters, Virgil Smith, Sheltrown, Lemmons, Jr., Clack, Gleason, Williams, Anderson, Hood, Espinoza, McConico, Gillard, Accavitti, Hopgood, Emmons, Kathleen Law, Taub, Phillips, Meisner, LaJoy, Plakas, Lipsey, Zelenko, Hoogendyk, Hunter, Baxter, Gaffney, Brandenburg, Casperson and Lemmons, III introduced

House Bill No. 4959, entitled

A bill to amend 1998 PA 58, entitled "Michigan liquor control code of 1998," by amending sections 113, 203, and 607 (MCL 436.1113, 436.1203, and 436.1607), section 203 as amended by 2000 PA 289.

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

Rep. Stewart introduced

House Bill No. 4960, entitled

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

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

Reps. Kehrl, Plakas, Lemmons, Jr. and Lemmons, III introduced

House Bill No. 4961, entitled

A bill to amend 1931 PA 328, entitled "The Michigan penal code," by amending section 227b (MCL 750.227b), as amended by 1990 PA 321.

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

Reps. Drolet, Gosselin, Hoogendyk and Stahl introduced

House Bill No. 4962, entitled

A bill to amend 1984 PA 431, entitled "The management and budget act," by amending section 298c (MCL 18.1298c), as added by 1988 PA 306.

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

Reps. David Law, Garfield, Schuitmaker, Nofs, Proos, Kahn, Elsenheimer, Jones, Taub, Condino, Bieda, LaJoy, Vander Veen, Stewart, Murphy and Stahl introduced

House Bill No. 4963, entitled

A bill to amend 2000 PA 77, entitled "An act to amend 1949 PA 300, entitled "An act to provide for the registration, titling, sale, transfer, and regulation of certain vehicles operated upon the public highways of this state or any other place open to the general public or generally accessible to motor vehicles and distressed vehicles; to provide for the licensing of dealers; to provide for the examination, licensing, and control of operators and chauffeurs; to provide for the giving of proof of financial responsibility and security by owners and operators of vehicles; to provide for the imposition, levy, and collection of specific taxes on vehicles, and the levy and collection of sales and use taxes, license fees, and permit fees; to provide for the regulation and use of streets and highways; to create certain funds; to provide penalties and sanctions for a violation of this act; to provide for civil liability of owners and operators of vehicles and service of process on residents and nonresidents; to provide for the levy of certain assessments; to provide for the enforcement of this act; to provide for the creation of and to prescribe the powers and duties of certain state and local agencies; to repeal all other acts or parts of acts inconsistent with this act or contrary to this act; and to repeal certain parts of this act on a specific date," by amending sections 625, 803l, 804, and 904 (MCL 257.625, 257.803l, 257.804, and 257.904), sections 625 and 904 as amended by 1999 PA 73, 803l as amended by 1998 PA 68, and section 804 as amended by 1995 PA 129, and by adding sections 6d, 17b, 30b, 811d, 811e, 811f, 811g, and 811h; and to repeal acts and parts of acts," by repealing enacting section 1.

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

Reps. Clack, Virgil Smith, Kehrl, Stakoe, Garfield, Williams, Adamini, Hune, Waters, Tobocman, Steil, Gillard, Brown, Kathleen Law, Hopgood, Plakas, Gonzales, Farrah, Polidori, Gleason, Accavitti, Wojno, Vagnozzi, Hunter, Lemmons, Jr., Angerer, Jones, Murphy, Vander Veen, Taub, Spade, Sak, Cushingberry, Donigan, Condino, Bieda, Schuitmaker, Lipsey, Pastor, Walker, Moolenaar, Bennett, Green, Cheeks and Lemmons, III introduced

House Bill No. 4964, entitled

A bill to amend 1976 PA 451, entitled "The revised school code," (MCL 380.1 to 380.1852) by adding section 1138.

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

Reps. Stewart, Kooiman, Booher, Caul, Farhat, Wenke, Moolenaar, David Law, Kahn, Garfield, Nofs, Amos and Vander Veen introduced

House Bill No. 4965, entitled

A bill to provide for the distribution of certain state revenues to state universities; and to prescribe the powers and duties of certain state departments and other boards and officials.

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

Reps. Tobocman, Mayes, Clemente, Dillon, Virgil Smith, Murphy, Hune, Green, Hunter, Hopgood, Alma Smith, Gaffney, Proos, Kooiman and Lemmons, III introduced

House Bill No. 4966, entitled

A bill to amend 2002 PA 660, entitled "Consumer mortgage protection act," by amending the title and section 10 (MCL 445.1640).

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

Reps. Mortimer, Hildenbrand, Hune, Gaffney, Nofs, Stahl, Marleau, Acciavatti, Mayes and Sheltrown introduced

House Bill No. 4967, entitled

A bill to amend 1968 PA 330, entitled "Private security business and security alarm act," by amending section 17 (MCL 338.1067), as amended by 2002 PA 473.

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

Reps. Schuitmaker, Van Regenmorter, Gosselin, Lipsey, Bieda, Condino, Gillard, McConico, Elsenheimer, Virgil Smith, David Law and Kahn introduced

House Bill No. 4968, entitled

A bill to amend 1998 PA 386, entitled "Estates and protected individuals code," by amending sections 1104, 2301, 2908, 3715, 3804, 3919, 5202, 5217, 5423, 7401, 7502, and 7508 (MCL 700.1104, 700.2301, 700.2908, 700.3715, 700.3804, 700.3919, 700.5202, 700.5217, 700.5423, 700.7401, 700.7502, and 700.7508), sections 1104 and 5202 as amended by 2000 PA 54, sections 2301 and 3715 as amended by 2004 PA 314, section 5423 as amended by 2000 PA 469, and section 7508 as amended by 2000 PA 177.

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

Reps. Sheen and Drolet introduced

House Bill No. 4969, entitled

A bill to amend 1975 PA 228, entitled "Single business tax act," by amending section 36 (MCL 208.36), as amended by 1995 PA 284.

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

Reps. Sheen, Drolet and Baxter introduced

House Bill No. 4970, entitled

A bill to amend 1975 PA 228, entitled "Single business tax act," by amending section 31 (MCL 208.31), as amended by 1999 PA 115.

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

Reps. Sheen and Drolet introduced

House Bill No. 4971, entitled

A bill to amend 1975 PA 228, entitled "Single business tax act," (MCL 208.1 to 208.145) by adding section 35e.

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

Reps. Steil, Sheen and Drolet introduced

House Bill No. 4972, entitled

A bill to amend 1975 PA 228, entitled "Single business tax act," (MCL 208.1 to 208.145) by adding section 35d.

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

Reps. Baxter, Sheen and Drolet introduced

House Bill No. 4973, entitled

A bill to amend 1975 PA 228, entitled "Single business tax act," by amending section 45a (MCL 208.45a), as amended by 1999 PA 115.

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

Rep. Baxter introduced

House Bill No. 4974, entitled

A bill to amend 1975 PA 228, entitled "Single business tax act," by amending section 31 (MCL 208.31), as amended by 1999 PA 115.

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

By unanimous consent the House returned to the order of

Messages from the Senate

House Bill No. 4444, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending sections 9101, 9105, 9106, 9110, and 9113 (MCL 324.9101, 324.9105, 324.9106, 324.9110, and 324.9113), section 9101 as amended by 2001 PA 227 and sections 9105, 9106, 9110, and 9113 as amended by 2000 PA 504.

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

The House agreed to the full title.

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

Senate Bill No. 264, 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; to create funds; to provide for the imposition of fees; to require reports, audits, and plans; to authorize certain transfers by certain state agencies; and to provide for the disposition of fees and other income received by certain state agencies.