2005-HJ-12-06-105.htm

No. 105

STATE OF MICHIGAN

JOURNAL

OF THE

House of Representatives

93rd Legislature

REGULAR SESSION OF 2005

House Chamber, Lansing, Tuesday, December 6, 2005.

1:00 p.m.

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

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

Accavitti--present 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--present

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--excused

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

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

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

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 Kolb--present Pearce--present Wenke--present

DeRoche--present Kooiman--present Phillips--excused Whitmer--present

Dillon--present LaJoy--present Plakas--present Williams--present

Donigan--present Law, David--present Polidori--present Wojno--present

Drolet--present Law, Kathleen--present Proos--present Zelenko--present

Elsenheimer--present

e/d/s = entered during session

Rep. Carl M. Williams, from the 95th District, offered the following invocation:

"Father God, let the words of my mouth and the meditation of my heart, be acceptable in thy sight.

We thank You for this day...for this is the day that You have made,...and we will rejoice and be glad in it. Father...we pray for wisdom and discernment for this Michigan Legislature.

In our decision making...help us to be reminded that if the fabric of the cloaks we wear might be finer then any citizen that we serve...it is only grace that makes it so...and let's also be reminded that You, God,...can switch the cloaks at any time You choose.

Help us to always remember that we were sent here to serve others and not ourselves. Help us to be worthy of this position in which we have been placed...all this we pray in Your name...Amen."

______

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

Rep. Palmer moved that Reps. Taub and Van Regenmorter be excused from today's session.

The motion prevailed.

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

The motion prevailed.

Second Reading of Bills

Senate Bill No. 625, entitled

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

The bill was read a second time.

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

The motion prevailed.

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

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

By unanimous consent the House returned to the order of

Third Reading of Bills

Pending the Third Reading of

Senate Bill No. 625, entitled

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

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

The motion prevailed.

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 Friday, December 2:

House Bill Nos. 5463 5464 5465 5466 5467 5468 5469 5470 5471 5472 5473 5474 5475 5476 5477 5478 5479 5480 5481 5482

The Clerk announced the enrollment printing and presentation to the Governor on Monday, December 5, for her approval of the following bills:

Enrolled House Bill No. 4027 at 1:30 p.m.

Enrolled House Bill No. 4706 at 1:32 p.m.

Enrolled House Bill No. 4777 at 1:34 p.m.

Enrolled House Bill No. 5332 at 1:36 p.m.

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

Senate Bill Nos. 911 912 913 914 915 916 917 918 919 920 921 922

The Clerk announced that the following Senate bills had been received on Tuesday, December 6:

Senate Bill Nos. 203 208 906 909 910

By unanimous consent the House returned to the order of

Reports of Standing Committees

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

Senate Bill No. 829, entitled

A bill to amend 1966 PA 13, entitled "An act to implement the provisions of section 14 of the schedule and temporary provisions of the constitution of this state by providing for the issuance and sale of full faith and credit bonds of the state to refund the outstanding bonds heretofore issued by the Mackinac bridge authority and upon such refunding to abolish the Mackinac bridge authority and to transfer the operation, maintenance, repair and replacement of the Mackinac bridge to the state highway department with power to fix and collect tolls, fees and charges for the use of the bridge, its services and facilities," by repealing section 9 (MCL 254.369).

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, Gosselin, Casperson, Nitz, Wenke, Pavlov, Pearce, Anderson, Byrnes, Murphy, Kathleen Law, Gleason and Leland

Nays: None

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

Senate Bill No. 830, entitled

A bill to amend 1965 PA 380, entitled "Executive organization act of 1965," by amending section 357 (MCL 16.457).

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, Gosselin, Casperson, Nitz, Wenke, Pavlov, Pearce, Anderson, Byrnes, Murphy, 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, December 6, 2005

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

Absent: Rep. David Law

Excused: Rep. David Law

The Committee on Tax Policy, by Rep. Sheen, Chair, reported

House Bill No. 4982, entitled

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

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. Sheen, Meyer, Gosselin, Newell, Drolet, Palmer, Hoogendyk, Stakoe, Jones and Marleau

Nays: Rep. Bennett

The Committee on Tax Policy, by Rep. Sheen, Chair, reported

House Bill No. 5459, entitled

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

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. Sheen, Meyer, Gosselin, Newell, Drolet, Palmer, Hoogendyk, Stakoe, Jones and Marleau

Nays: Rep. Bennett

The Committee on Tax Policy, by Rep. Sheen, Chair, reported

House Bill No. 5460, entitled

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

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

The bill and substitute were referred to the order of Second Reading of Bills.

Favorable Roll Call

To Report Out:

Yeas: Reps. Sheen, Meyer, Gosselin, Newell, Drolet, Palmer, Hoogendyk, Stakoe, Jones and Marleau

Nays: Reps. Miller and Bennett

The Committee on Tax Policy, by Rep. Sheen, Chair, reported

House Bill No. 5461, entitled

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

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

The bill and substitute were referred to the order of Second Reading of Bills.

Favorable Roll Call

To Report Out:

Yeas: Reps. Sheen, Meyer, Gosselin, Newell, Drolet, Palmer, Hoogendyk, Stakoe, Jones and Marleau

Nays: Rep. Bennett

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Tuesday, December 6, 2005

Present: Reps. Sheen, Meyer, Gosselin, Newell, Drolet, Palmer, Hoogendyk, Stakoe, Jones, Marleau, Condino, Bieda, Farrah, Miller, Meisner and Bennett

Absent: Rep. Zelenko

Excused: Rep. Zelenko

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

House Bill No. 5471, entitled

A bill to amend 1996 PA 381, entitled "Brownfield redevelopment financing act," by amending section 2 (MCL 125.2652), as amended by 2005 PA 101.

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

Nays: None

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Tuesday, December 6, 2005

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

Absent: Rep. McConico

Excused: Rep. McConico

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

House Bill No. 4893, entitled

A bill to amend 1978 PA 368, entitled "Public health code," by amending section 16263 (MCL 333.16263), as amended by 2004 PA 97, and by adding section 16336 and part 179.

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

The bill and substitute were referred to the order of Second Reading of Bills.

Favorable Roll Call

To Report Out:

Yeas: Reps. Gaffney, Newell, Robertson, Vander Veen, Hune, Nofs, Ball, Green, Kahn, Mortimer, Wojno, McDowell, Murphy, Gleason and Angerer

Nays: None

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

House Bill No. 5239, entitled

A bill to amend 1936 (Ex Sess) PA 1, entitled "Michigan employment security act," by amending section 28a (MCL 421.28a), as amended by 1994 PA 162.

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. Gaffney, Newell, Robertson, Vander Veen, Hune, Nofs, Ball, Green, Mortimer, Wojno, McDowell, Gleason and Angerer

Nays: Rep. Kahn

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Tuesday, December 6, 2005

Present: Reps. Gaffney, Newell, Robertson, Vander Veen, Hune, Nofs, Ball, Green, Kahn, Mortimer, Adamini, Wojno, McDowell, Murphy, Gleason and Angerer

Absent: Rep. Ward

Excused: Rep. Ward

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Tuesday, December 6, 2005

Present: Reps. Palmer, Mortimer, Gosselin, Meyer, Hoogendyk, Vander Veen, Wenke, Ball, Elsenheimer, Hildenbrand, Pearce, Proos, Hopgood, Miller, Angerer, Lemmons, III, Virgil Smith and Clack

Messages from the Senate

House Bill No. 5269, entitled

A bill to amend 1927 PA 175, entitled "The code of criminal procedure," by amending section 16d of chapter XVII (MCL 777.16d), as amended by 2002 PA 269.

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

The House agreed to the full title.

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

House Bill No. 5275, entitled

A bill to amend 1974 PA 163, entitled "L.E.I.N. policy council act of 1974," by amending the title and sections 1, 2, and 3 (MCL 28.211, 28.212, and 28.213) and by adding sections 1a and 3a.

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

The House agreed to the full title.

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

House Bill No. 5276, entitled

A bill to amend 1925 PA 289, entitled "An act to create and maintain a fingerprint identification and criminal history records division within the department of state police; to require peace officers, persons in charge of certain institutions, and others to make reports respecting juvenile offenses, crimes, and criminals to the state police; to require the fingerprinting of an accused by certain persons; and to provide penalties and remedies for a violation of this act," (MCL 28.241 to 28.248) by adding section 2a.

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

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

House Bill No. 5277, entitled

A bill to amend 1974 PA 163, entitled "L.E.I.N. policy council act of 1974," by amending section 4 (MCL 28.214), as amended by 2000 PA 320.

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

The House agreed to the full title.

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

House Bill No. 4577, entitled

A bill to amend 1977 PA 72, entitled "The medicaid false claim act," by amending the title and section 11 (MCL 400.611), the title as amended by 1982 PA 518, and by adding sections 10a, 10b, and 10c.

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

The Senate has passed the bill as substituted (S-1), ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title.

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

House Bill No. 5268, entitled

A bill to amend 1931 PA 328, entitled "The Michigan penal code," (MCL 750.1 to 750.568) by adding section 85.

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

The Senate has passed the bill as substituted (S-1), ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title.

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

Messages from the Governor

Date: December 5, 2005

Time: 4:32 p.m.

To the Speaker of the House of Representatives:

Sir--I have this day approved and signed

Enrolled House Bill No. 5395 (Public Act No. 258, I.E.), being

An act to amend 2001 PA 142, entitled "An act to consolidate prior acts naming certain Michigan highways; to provide for the naming of certain highways; to prescribe certain duties of the state transportation department; and to repeal acts and parts of acts and certain resolutions," (MCL 250.1001 to 250.2080) by adding section 98.

(Filed with the Secretary of State December 6, 2005, at 10:02 a.m.)

The following message from the Governor was received December 5, 2005 and read:

EXECUTIVE ORDER

No. 2005 - 27

REMEMBERING PEARL HARBOR

WHEREAS, on the morning of December 7, 1941, the Armed Forces of the United States of America stationed at Pearl Harbor, Hawaii were attacked without warning or provocation by the air and naval forces of Imperial Japan;

WHEREAS, the attack claimed the lives 2,335 servicemen and servicewomen and another 1,143 servicemen and servicewomen were wounded;

WHEREAS, the attack galvanized our Nation, including the State of Michigan, and Americans responded with strength and resolve, demonstrating the spirit and courage that carried the United States to victory in World War II;

WHEREAS, it is appropriate to remember the supreme sacrifice given by those at Pearl Harbor and in later battles during World War II, a sacrifice not for conquest, but for the defense of freedom;

WHEREAS, we must, as President Franklin Delano Roosevelt implored the Nation on the day after the attack, always remember their sacrifice, for "It is our obligation to the dead--it is our sacred obligation to their children-that we must never forget what we have learned";

WHEREAS, because we have not forgotten, and will not, we remember Pearl Harbor with solemn ceremony, honor the lives lost in the attack, and salute the veterans of World War II;

WHEREAS, with the enactment of 2000 PA 157, MCL 435.271, the Michigan Legislature has formally recognized the sacrifice of the servicemen and servicewomen who gave their lives at Pearl Harbor by declaring that December 7th of each year shall be known as Pearl Harbor Day;

WHEREAS, under Public Law 103-308, as amended by Public Law 105-225, 36 USC 129, Congress has urged the President to recognize December 7th as National Pearl Harbor Remembrance Day and to call on all departments, agencies, and instrumentalities of the United States Government, and interested organizations, groups, and individuals, to fly the flag of the United States at half-staff each December 7th in honor of the individuals who died as a result of their service at Pearl Harbor;

WHEREAS, it is appropriate that the flag of the United States of America be flown at half-staff throughout the State of Michigan on December 7th of each year to mark Pearl Harbor Day;

NOW, THEREFORE, I, Jennifer M. Granholm, Governor of the State of Michigan, by virtue of the power and authority vested in me by the Michigan Constitution of 1963, the laws of the State of Michigan, and the laws of the United States of America, order and proclaim:

A. On Pearl Harbor Day, Wednesday, December 7, 2005, and each subsequent December 7th, the flag of the United States of America shall be flown at half-staff at all state buildings and facilities throughout the State of Michigan.

B. All other interested organizations, groups, and individuals, in Michigan are also called upon to fly the flag of the United States at half-staff on Wednesday, December 7, 2005, and each subsequent December 7th.

C. When flown at half-staff on Pearl Harbor Day, the flag of the United States should be hoisted first to the peak for an instant and then lowered to the half-staff position, where it should be flown until sunset, then raised to the top of the staff.

D. All individuals, governmental and educational institutions, and community organizations are encouraged to pause each Pearl Harbor Day and reflect upon the courage and sacrifice of those who died or were injured in that infamous attack.

This order is effective upon filing.

[SEAL] Given under my hand and the Great Seal of the State of Michigan this 5th day of December, in the year of our Lord, two thousand and five.

Jennifer M. Granholm

Governor

By the Governor:

Terri L. Land

Secretary of State

The message was referred to the Clerk.

Communications from State Officers

The following communication from the Department of Human Services was received and read:

November 23, 2005

Pursuant to Section 1002 of P.A. 344 of 2004, we are enclosing a copy of the following reports:

Type of ReportFacilityReport #License #

Special Investigation Report Woodland Center 2005C0207019 CS470245817

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

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

Sincerely,

Marianne Udow

Director

The communication was referred to the Clerk.

Introduction of Bills

Reps. Pearce, Jones, Ball, Schuitmaker, Accavitti, LaJoy, Kooiman, Hildenbrand, Gaffney, Mortimer and David Law introduced

House Bill No. 5483, entitled

A bill to amend 1949 PA 300, entitled "Michigan vehicle code," by amending sections 320a and 907 (MCL 257.320a and 257.907), section 320a as amended by 2004 PA 495 and section 907 as amended by 2005 PA 1, and by adding section 602b.

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

The Speaker Pro Tempore resumed the Chair.

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

The motion prevailed.

Rep. Pastor moved that Rep. Kahn be excused temporarily from today's session.

The motion prevailed.

By unanimous consent the House returned to the order of

Messages from the Senate

The Speaker laid before the House

House Bill No. 4959, entitled

A bill to amend 1998 PA 58, entitled "Michigan liquor control code of 1998," by amending sections 107, 113, 203, 537, 543, and 607 (MCL 436.1107, 436.1113, 436.1203, 436.1537, 436.1543, and 436.1607), sections 107 and 537 as amended by 2001 PA 223, section 203 as amended by 2000 PA 289, and section 543 as amended by 2005 PA 97.

(The bill was received from the Senate on December 1, with substitute (S-2), title amendment and immediate effect given by the Senate, consideration of which, under the rules, was postponed until today, see House Journal No. 104, p. 2329.)

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

Rep. Schuitmaker moved to amend the Senate substitute (S-2) as follows:

1. Amend page 9, line 17, after "LICENSE." by inserting "ANY WINE MAKER OR SMALL WINE MAKER CURRENTLY HOLDING ANOTHER SPECIALLY DESIGNATED MERCHANT LICENSE THAT HAS APPLIED FOR A SPECIALLY DESIGNATED MERCHANT LICENSE PRIOR TO NOVEMBER 29, 2005 IS CONSIDERED AN APPROVED BUSINESS FOR PURPOSES OF A SPECIALLY DESIGNATED MERCHANT LICENSE AND IS ELIGIBLE FOR ISSUANCE OF A SPECIALLY DESIGNATED MERCHANT LICENSE.".

2. Amend page 10, line 3, after "LICENSE." by inserting "ANY SPECIALLY DESIGNATED MERCHANT LICENSEE CURRENTLY HOLDING A WINE MAKER OR SMALL WINE MAKER LICENSE THAT HAS APPLIED FOR, PRIOR TO NOVEMBER 29, 2005, ANOTHER SPECIALLY DESIGNATED MERCHANT LICENSE IS CONSIDERED AN APPROVED BUSINESS FOR PURPOSES OF A SPECIALLY DESIGNATED MERCHANT LICENSE AND IS NOT PROHIBITED FROM HOLDING A SPECIALLY DESIGNATED MERCHANT LICENSE AND A WINE MAKER OR SMALL WINE MAKER LICENSE.".

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

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

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

Roll Call No. 698 Yeas--103

Accavitti Elsenheimer Law, Kathleen Robertson

Acciavatti Emmons Leland Rocca

Adamini Espinoza Lemmons, III Sak

Amos Farhat Lemmons, Jr. Schuitmaker

Anderson Farrah Marleau Shaffer

Angerer Gaffney Mayes Sheen

Ball Garfield McConico Sheltrown

Baxter Gillard McDowell Smith, Alma

Bennett Gleason Meisner Smith, Virgil

Bieda Gonzales Meyer Spade

Booher Gosselin Miller Stahl

Brandenburg Green Moolenaar Stakoe

Brown Hansen Moore Steil

Byrnes Hildenbrand Mortimer Stewart

Byrum Hood Murphy Tobocman

Casperson Hoogendyk Newell Vagnozzi

Caswell Hopgood Nitz Vander Veen

Caul Huizenga Nofs Walker

Cheeks Hummel Palmer Ward

Clack Hune Palsrok Waters

Clemente Hunter Pastor Wenke

Condino Jones Pavlov Whitmer

Cushingberry Kolb Pearce Williams

DeRoche Kooiman Plakas Wojno

Dillon LaJoy Polidori Zelenko

Donigan Law, David Proos

Nays--1

Drolet

In The Chair: Kooiman

The House agreed to the title as amended.

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

Third Reading of Bills

Senate Bill No. 625, entitled

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

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

Roll Call No. 699 Yeas--104

Accavitti Drolet Law, David Proos

Acciavatti Elsenheimer Law, Kathleen Robertson

Adamini Emmons Leland Rocca

Amos Espinoza Lemmons, III Sak

Anderson Farhat Lemmons, Jr. Schuitmaker

Angerer Farrah Marleau Shaffer

Ball Gaffney Mayes Sheen

Baxter Garfield McConico Sheltrown

Bennett Gillard McDowell Smith, Alma

Bieda Gleason Meisner Smith, Virgil

Booher Gonzales Meyer Spade

Brandenburg Gosselin Miller Stahl

Brown Green Moolenaar Stakoe

Byrnes Hansen Moore Steil

Byrum Hildenbrand Mortimer Stewart

Casperson Hood Murphy Tobocman

Caswell Hoogendyk Newell Vagnozzi

Caul Hopgood Nitz Vander Veen

Cheeks Huizenga Nofs Walker

Clack Hummel Palmer Ward

Clemente Hune Palsrok Waters

Condino Hunter Pastor Wenke

Cushingberry Jones Pavlov Whitmer

DeRoche Kolb Pearce Williams

Dillon Kooiman Plakas Wojno

Donigan LaJoy Polidori Zelenko

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 create a commission for the control of the alcoholic beverage traffic within this state, and to prescribe its powers, duties, and limitations; to provide for powers and duties for certain state departments and agencies; to impose certain taxes for certain purposes; to provide for the control of the alcoholic liquor traffic within this state and to provide for the power to establish state liquor stores; to provide for the care and treatment of alcoholics; to provide for the incorporation of farmer cooperative wineries and the granting of certain rights and privileges to those cooperatives; to provide for the licensing and taxation of activities regulated under this act and the disposition of the money received under this act; to prescribe liability for retail licensees under certain circumstances and to require security for that liability; to provide procedures, defenses, and remedies regarding violations of this act; to provide for the enforcement and to prescribe penalties for violations of this act; to provide for allocation of certain funds for certain purposes; to provide for the confiscation and disposition of property seized under this act; to provide referenda under certain circumstances; and to repeal acts and parts of acts,"

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.

Second Reading of Bills

House Bill No. 4721, entitled

A bill to amend 1994 PA 295, entitled "Sex offenders registration act," by amending section 10 (MCL 28.730), as amended by 2004 PA 240.

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

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

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

The motion prevailed.

By unanimous consent the House returned to the order of

Third Reading of Bills

House Bill No. 5347, entitled

A bill to amend 2000 PA 316, entitled "Michigan organic products act," by amending sections 7, 11, 13, 21, 22, 23, 25, 27, and 29 (MCL 286.907, 286.911, 286.913, 286.921, 286.922, 286.923, 286.925, 286.927, and 286.929).

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

Roll Call No. 700 Yeas--102

Accavitti Drolet Law, Kathleen Robertson

Acciavatti Elsenheimer Leland Rocca

Adamini Emmons Lemmons, III Sak

Amos Espinoza Lemmons, Jr. Schuitmaker

Anderson Farhat Marleau Shaffer

Angerer Farrah Mayes Sheen

Ball Gaffney McConico Sheltrown

Baxter Garfield McDowell Smith, Alma

Bennett Gillard Meisner Smith, Virgil

Bieda Gleason Meyer Spade

Booher Gonzales Miller Stahl

Brandenburg Gosselin Moolenaar Stakoe

Brown Green Moore Steil

Byrnes Hansen Mortimer Stewart

Byrum Hildenbrand Murphy Tobocman

Casperson Hood Newell Vagnozzi

Caswell Hoogendyk Nitz Vander Veen

Caul Hopgood Nofs Walker

Cheeks Huizenga Palmer Ward

Clack Hummel Palsrok Waters

Clemente Hunter Pastor Wenke

Condino Jones Pavlov Whitmer

Cushingberry Kolb Pearce Williams

DeRoche Kooiman Plakas Wojno

Dillon LaJoy Polidori Zelenko

Donigan Law, David

Nays--2

Hune Proos

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 2000 PA 316, entitled "Michigan organic products act," by amending section 21 (MCL 286.921).

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. 668, entitled

A bill to amend 1998 PA 381, entitled "Michigan agricultural processing act," by amending section 3 (MCL 289.823).

The bill was read a third time.

The question being on the passage of the bill,

Rep. Mayes moved to amend the bill as follows:

1. Amend page 1, following "THE PEOPLE OF THE STATE OF MICHIGAN ENACT:" by inserting:

"TITLE

An act to define certain fruit, vegetable, dairy product, MEAT, and grain processing uses and practices; to provide for circumstances under which a processing operation is not considered to be a public or private nuisance; to provide for certain powers and duties for certain state agencies and departments; and to provide for certain remedies for certain persons.

Sec. 2. As used in this act:

(a) "Dairy product" means all of the following:

(i) Dairy product ~~and milk product~~ as ~~those terms are~~THAT TERM IS defined in section 112 of the manufacturing milk ~~act, 1913 PA 222, MCL 288.101~~LAW OF 2001, 2001 PA 267, MCL 288.572.

(ii) ~~Ice cream, French ice cream, variegated ice cream, ice milk, sherbet, and frozen desserts as those terms are defined in section 2 of the frozen desserts act of 1968, 1968 PA 298, MCL 288.322.~~MILK PRODUCT AS THAT TERM IS DEFINED IN SECTION 4 OF THE GRADE A MILK LAW OF 2001, 2001 PA 266, MCL 288.474.

(b) "Fruit and vegetable product" means those plant items used by human beings for human food consumption including, but not limited to, field crops, root crops, berries, herbs, fruits, vegetables, flowers, seeds, grasses, tree products, mushrooms, and other similar products, or any other fruit and vegetable product processed for human consumption as determined by the Michigan commission of agriculture.

(c) "Generally accepted fruit, vegetable, dairy product, MEAT, and grain processing practices" means those practices as defined by the Michigan commission of agriculture. The Michigan commission of agriculture shall give due consideration to available Michigan department of agriculture information and written recommendations from the Michigan state university college of agriculture and natural resources extension and the agricultural experiment station in cooperation with the United States department of agriculture, the United States food and drug administration, the Michigan department of environmental quality, and other professional and industry organizations.

(d) "Grain" means dry edible beans, soy beans, small grains, cereal grains, corn, grass seeds, hay, and legume seeds in a raw or natural state.

(e) "Person" means an individual, corporation, partnership, association, limited liability company, or other legal entity.

(f) "Processing" means the commercial processing or handling of fruit, vegetable, dairy, MEAT, and grain products for human food consumption and animal feed including, but not limited to, the following:

(i) The generation of noise, odors, waste water, dust, fumes, and other associated conditions.

(ii) The operation of machinery and equipment necessary for a processing operation including, but not limited to, irrigation and drainage systems and pumps and the movement of vehicles, machinery, equipment, and fruit and vegetable products, dairy products, MEAT, and grain products and associated inputs necessary for fruit and vegetable, dairy, and grain, food, MEAT, or feed processing operations on the roadway as authorized by the Michigan vehicle code, 1949 PA 300, MCL 257.1 to 257.923.

(iii) The management, storage, transport, utilization, and land application of fruit, vegetable, dairy product, MEAT, and grain processing by-products consistent with generally accepted agricultural and management practices as established under the Michigan right to farm act, 1981 PA 93, MCL 286.471 to 286.474.

(iv) The conversion from 1 processing operation activity to another processing operation activity.

(v) The employment and use of labor engaged in a processing operation.

(g) "Processing operation" means the operation and management of a business engaged in processing.".

2. Amend page 1, line 4, after "MEAT" by striking out "PROCESSING".

3. Amend page 1, line 8, after "product," by inserting "MEAT,".

4. Amend page 2, line 2, by striking out the first "PROCESSING".

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

The question being on the passage of the bill,

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

Roll Call No. 701 Yeas--104

Accavitti Drolet Law, David Proos

Acciavatti Elsenheimer Law, Kathleen Robertson

Adamini Emmons Leland Rocca

Amos Espinoza Lemmons, III Sak

Anderson Farhat Lemmons, Jr. Schuitmaker

Angerer Farrah Marleau Shaffer

Ball Gaffney Mayes Sheen

Baxter Garfield McConico Sheltrown

Bennett Gillard McDowell Smith, Alma

Bieda Gleason Meisner Smith, Virgil

Booher Gonzales Meyer Spade

Brandenburg Gosselin Miller Stahl

Brown Green Moolenaar Stakoe

Byrnes Hansen Moore Steil

Byrum Hildenbrand Mortimer Stewart

Casperson Hood Murphy Tobocman

Caswell Hoogendyk Newell Vagnozzi

Caul Hopgood Nitz Vander Veen

Cheeks Huizenga Nofs Walker

Clack Hummel Palmer Ward

Clemente Hune Palsrok Waters

Condino Hunter Pastor Wenke

Cushingberry Jones Pavlov Whitmer

DeRoche Kolb Pearce Williams

Dillon Kooiman Plakas Wojno

Donigan LaJoy Polidori Zelenko

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 1998 PA 381, entitled "An act to define certain fruit, vegetable, dairy product, and grain processing uses and practices; to provide for circumstances under which a processing operation is not considered to be a public or private nuisance; to provide for certain powers and duties for certain state agencies and departments; and to provide for certain remedies for certain persons," by amending the title and sections 2 and 3 (MCL 289.822 and 289.823).

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. 669, entitled

A bill to amend 1998 PA 381, entitled "Michigan agricultural processing act," by amending section 4 (MCL 289.824).

The bill was read a third time.

The question being on the passage of the bill,

Rep. Hune moved to amend the bill as follows:

1. Amend page 2, line 7, after "MEAT" by striking out "PROCESSING".

2. Amend page 3, line 2, by striking out "PROCESSING".

3. Amend page 3, line 9, after "MEAT" by striking out "PROCESSING".

4. Amend page 3, line 15, after "MEAT" by striking out "PROCESSING".

5. Amend page 4, line 4, after "MEAT" by striking out "PROCESSING".

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

The question being on the passage of the bill,

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

Roll Call No. 702 Yeas--104

Accavitti Drolet Law, David Proos

Acciavatti Elsenheimer Law, Kathleen Robertson

Adamini Emmons Leland Rocca

Amos Espinoza Lemmons, III Sak

Anderson Farhat Lemmons, Jr. Schuitmaker

Angerer Farrah Marleau Shaffer

Ball Gaffney Mayes Sheen

Baxter Garfield McConico Sheltrown

Bennett Gillard McDowell Smith, Alma

Bieda Gleason Meisner Smith, Virgil

Booher Gonzales Meyer Spade

Brandenburg Gosselin Miller Stahl

Brown Green Moolenaar Stakoe

Byrnes Hansen Moore Steil

Byrum Hildenbrand Mortimer Stewart

Casperson Hood Murphy Tobocman

Caswell Hoogendyk Newell Vagnozzi

Caul Hopgood Nitz Vander Veen

Cheeks Huizenga Nofs Walker

Clack Hummel Palmer Ward

Clemente Hune Palsrok Waters

Condino Hunter Pastor Wenke

Cushingberry Jones Pavlov Whitmer

DeRoche Kolb Pearce Williams

Dillon Kooiman Plakas Wojno

Donigan LaJoy Polidori Zelenko

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 define certain fruit, vegetable, dairy product, and grain processing uses and practices; to provide for circumstances under which a processing operation is not considered to be a public or private nuisance; to provide for certain powers and duties for certain state agencies and departments; and to provide for certain remedies for certain persons,"

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. 722, entitled

A bill to amend 1979 PA 152, entitled "State license fee act," by amending section 11 (MCL 338.2211), as amended by 2003 PA 87.

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

Roll Call No. 703 Yeas--81

Accavitti Donigan Kooiman Polidori

Adamini Elsenheimer Law, David Proos

Amos Emmons Law, Kathleen Robertson

Anderson Espinoza Leland Sak

Angerer Farhat Lemmons, III Schuitmaker

Ball Farrah Lemmons, Jr. Sheltrown

Bennett Gaffney Mayes Smith, Alma

Bieda Gillard McConico Smith, Virgil

Brown Gleason McDowell Spade

Byrnes Gonzales Meisner Stakoe

Byrum Green Meyer Tobocman

Casperson Hildenbrand Miller Vagnozzi

Caswell Hood Mortimer Vander Veen

Caul Hopgood Murphy Ward

Cheeks Huizenga Newell Waters

Clack Hummel Nitz Wenke

Clemente Hune Palsrok Whitmer

Condino Hunter Pavlov Williams

Cushingberry Jones Pearce Wojno

DeRoche Kolb Plakas Zelenko

Dillon

Nays--23

Acciavatti Gosselin Moore Sheen

Baxter Hansen Nofs Stahl

Booher Hoogendyk Palmer Steil

Brandenburg LaJoy Pastor Stewart

Drolet Marleau Rocca Walker

Garfield Moolenaar Shaffer

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 provide for the establishment and collection of fees for the regulation of certain occupations and professions, and for certain agencies and businesses; to create certain funds; and to prescribe certain powers and duties of certain state agencies and departments,"

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.

______

Rep. Kahn, 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. 698-703. Had I been present, I would have voted 'yea'."

Senate Bill No. 723, entitled

A bill to amend 1980 PA 299, entitled "Occupational code," by amending sections 601, 602, 721, 723, 725, 729, 732, 734, and 735 (MCL 339.601, 339.602, 339.721, 339.723, 339.725, 339.729, 339.732, 339.734, and 339.735), section 601 as amended by 1998 PA 250, section 602 as amended by 1981 PA 83, sections 721, 723, 729, 732, 734, and 735 as added by 1997 PA 10, and section 725 as amended by 1998 PA 380.

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

Roll Call No. 704 Yeas--99

Accavitti Elsenheimer Leland Rocca

Adamini Emmons Lemmons, III Sak

Amos Espinoza Lemmons, Jr. Schuitmaker

Anderson Farhat Marleau Shaffer

Angerer Farrah Mayes Sheen

Ball Gaffney McConico Sheltrown

Baxter Gillard McDowell Smith, Alma

Bennett Gleason Meisner Smith, Virgil

Bieda Gonzales Meyer Spade

Booher Green Miller Stahl

Brandenburg Hansen Moolenaar Stakoe

Brown Hildenbrand Moore Steil

Byrnes Hood Mortimer Stewart

Byrum Hopgood Murphy Tobocman

Casperson Huizenga Newell Vagnozzi

Caswell Hummel Nitz Vander Veen

Caul Hune Nofs Walker

Cheeks Hunter Palsrok Ward

Clack Jones Pastor Waters

Clemente Kahn Pavlov Wenke

Condino Kolb Pearce Whitmer

Cushingberry Kooiman Plakas Williams

DeRoche LaJoy Polidori Wojno

Dillon Law, David Proos Zelenko

Donigan Law, Kathleen Robertson

Nays--6

Acciavatti Garfield Hoogendyk Palmer

Drolet Gosselin

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 revise, consolidate, and classify the laws of this state regarding the regulation of certain occupations; to create a board for each of those occupations; to establish the powers and duties of certain departments and agencies and the boards of each occupation; to provide for the promulgation of rules; to provide for certain fees; to provide for penalties and civil fines; to establish rights, relationships, and remedies of certain persons under certain circumstances; 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. 724, entitled

A bill to amend 1927 PA 175, entitled "The code of criminal procedure," by amending section 13p of chapter XVII (MCL 777.13p), as amended by 2005 PA 125.

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

Roll Call No. 705 Yeas--100

Accavitti Donigan Law, Kathleen Robertson

Acciavatti Elsenheimer Leland Rocca

Adamini Emmons Lemmons, III Sak

Amos Espinoza Lemmons, Jr. Schuitmaker

Anderson Farhat Marleau Shaffer

Angerer Farrah Mayes Sheen

Ball Gaffney McConico Sheltrown

Baxter Gillard McDowell Smith, Alma

Bennett Gleason Meisner Smith, Virgil

Bieda Gonzales Meyer Spade

Booher Green Miller Stahl

Brandenburg Hansen Moolenaar Stakoe

Brown Hildenbrand Moore Steil

Byrnes Hood Mortimer Stewart

Byrum Hopgood Murphy Tobocman

Casperson Huizenga Newell Vagnozzi

Caswell Hummel Nitz Vander Veen

Caul Hune Nofs Walker

Cheeks Hunter Palsrok Ward

Clack Jones Pastor Waters

Clemente Kahn Pavlov Wenke

Condino Kolb Pearce Whitmer

Cushingberry Kooiman Plakas Williams

DeRoche LaJoy Polidori Wojno

Dillon Law, David Proos Zelenko

Nays--5

Drolet Gosselin Hoogendyk Palmer

Garfield

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

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.

By unanimous consent the House returned to the order of

Messages from the Senate

The Speaker laid before the House

House Bill No. 4597, entitled

A bill to amend 1931 PA 328, entitled "The Michigan penal code," by amending section 335a (MCL 750.335a), as amended by 2002 PA 672.

(The bill was received from the Senate on November 30, with substitute (S-1), full title inserted and immediate effect given by the Senate, consideration of which, under the rules, was postponed until December 1, see House Journal No. 103, p. 2296.)

The question being on concurring in the substitute (S-1) made to the bill by the Senate,

The substitute (S-1) was concurred in, a majority of the members serving voting therefor, by yeas and nays, as follows:

Roll Call No. 706 Yeas--105

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 Marleau Shaffer

Ball Garfield Mayes Sheen

Baxter Gillard McConico Sheltrown

Bennett Gleason McDowell Smith, Alma

Bieda Gonzales Meisner Smith, Virgil

Booher Gosselin Meyer Spade

Brandenburg Green Miller Stahl

Brown Hansen Moolenaar Stakoe

Byrnes Hildenbrand Moore Steil

Byrum Hood Mortimer Stewart

Casperson Hoogendyk Murphy Tobocman

Caswell Hopgood Newell Vagnozzi

Caul Huizenga Nitz Vander Veen

Cheeks Hummel Nofs Walker

Clack Hune Palmer Ward

Clemente Hunter Palsrok Waters

Condino Jones Pastor Wenke

Cushingberry Kahn Pavlov Whitmer

DeRoche Kolb Pearce Williams

Dillon Kooiman Plakas Wojno

Donigan LaJoy Polidori Zelenko

Drolet

Nays--0

In The Chair: Kooiman

The House agreed to the full title of the bill.

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

The Speaker laid before the House

House Bill No. 4598, entitled

A bill to amend 1994 PA 295, entitled "Sex offenders registration act," by amending section 2 (MCL 28.722), as amended by 2004 PA 240.

The question being on concurring in the substitute (S-1) made to the bill by the Senate,

The substitute (S-1) was concurred in, a majority of the members serving voting therefor, by yeas and nays, as follows:

Roll Call No. 707 Yeas--105

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 Marleau Shaffer

Ball Garfield Mayes Sheen

Baxter Gillard McConico Sheltrown

Bennett Gleason McDowell Smith, Alma

Bieda Gonzales Meisner Smith, Virgil

Booher Gosselin Meyer Spade

Brandenburg Green Miller Stahl

Brown Hansen Moolenaar Stakoe

Byrnes Hildenbrand Moore Steil

Byrum Hood Mortimer Stewart

Casperson Hoogendyk Murphy Tobocman

Caswell Hopgood Newell Vagnozzi

Caul Huizenga Nitz Vander Veen

Cheeks Hummel Nofs Walker

Clack Hune Palmer Ward

Clemente Hunter Palsrok Waters

Condino Jones Pastor Wenke

Cushingberry Kahn Pavlov Whitmer

DeRoche Kolb Pearce Williams

Dillon Kooiman Plakas Wojno

Donigan LaJoy Polidori Zelenko

Drolet

Nays--0

In The Chair: Kooiman

The House agreed to the full title of the bill.

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

The Speaker laid before the House

House Bill No. 4599, entitled

A bill to amend 1927 PA 175, entitled "The code of criminal procedure," by amending section 16q of chapter XVII (MCL 777.16q), as amended by 2002 PA 261.

The question being on concurring in the substitute (S-1) made to the bill by the Senate,

The substitute (S-1) was concurred in, a majority of the members serving voting therefor, by yeas and nays, as follows:

Roll Call No. 708 Yeas--105

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 Marleau Shaffer

Ball Garfield Mayes Sheen

Baxter Gillard McConico Sheltrown

Bennett Gleason McDowell Smith, Alma

Bieda Gonzales Meisner Smith, Virgil

Booher Gosselin Meyer Spade

Brandenburg Green Miller Stahl

Brown Hansen Moolenaar Stakoe

Byrnes Hildenbrand Moore Steil

Byrum Hood Mortimer Stewart

Casperson Hoogendyk Murphy Tobocman

Caswell Hopgood Newell Vagnozzi

Caul Huizenga Nitz Vander Veen

Cheeks Hummel Nofs Walker

Clack Hune Palmer Ward

Clemente Hunter Palsrok Waters

Condino Jones Pastor Wenke

Cushingberry Kahn Pavlov Whitmer

DeRoche Kolb Pearce Williams

Dillon Kooiman Plakas Wojno

Donigan LaJoy Polidori Zelenko

Drolet

Nays--0

In The Chair: Kooiman

The House agreed to the full title of the bill.

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

______

Rep. Lipsey, 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. 698-708. Had I been present, I would have voted 'yea'."

By unanimous consent the House returned to the order of

Reports of Standing Committees

The Speaker laid before the House

Senate Concurrent Resolution No. 28.

A concurrent resolution to increase the total project cost of the Department of Corrections Riverside Correctional Facility Power Plant Automation project.

(For text of concurrent resolution, see House Journal No. 94, p. 2046.)

(The concurrent resolution was reported by the Committee on Appropriations on November 29, consideration of which, under the rules, was postponed until November 30.)

The question being on the adoption of the concurrent resolution,

The concurrent resolution was adopted.

The Speaker laid before the House

House Resolution No. 143.

A resolution to urge the Great Lakes Regional Collaboration and the United States Congress to implement the Action Plan to Restore and Protect the Great Lakes.

(For text of resolution, see House Journal No. 91, p. 1994.)

(The resolution was reported by the Committee on Natural Resources, Great Lakes, Land Use, and Environment on December 1, with substitute (H-1), consideration of which, under the rules, was postponed until today.)

(For substitute, see House Journal No. 104, p. 2325.)

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

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

The question being on the adoption of the resolution,

The resolution was adopted.

The Speaker laid before the House

House Concurrent Resolution No. 25.

A concurrent resolution to urge the Great Lakes Regional Collaboration and the United States Congress to implement the Action Plan to Restore and Protect the Great Lakes.

(For text of concurrent resolution, see House Journal No. 90, p. 1963.)

(The concurrent resolution was reported by the Committee on Natural Resources, Great Lakes, Land Use, and Environment on December 1, with substitute (H-1), consideration of which, under the rules, was postponed until today.)

(For substitute, see House Journal No. 104, p. 2326.)

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

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

The question being on the adoption of the concurrent resolution,

The concurrent resolution was adopted.

The Speaker laid before the House

Senate Concurrent Resolution No. 34.

A concurrent resolution to urge the Great Lakes Regional Collaboration and the United States Congress to implement the Action Plan to Restore and Protect the Great Lakes.

(For text of concurrent resolution, see House Journal No. 103, p. 2297.)

(The concurrent resolution was reported by the Committee on Natural Resources, Great Lakes, Land Use, and Environment on December 1, consideration of which, under the rules, was postponed until today.)

The question being on the adoption of the concurrent resolution,

The concurrent resolution was adopted.

Second Reading of Bills

House Bill No. 4855, entitled

A bill to amend 1933 PA 167, entitled "General sales tax act," by amending section 4x (MCL 205.54x), as amended by 2004 PA 173.

The bill was read a second time.

Rep. Nofs moved to substitute (H-2) the bill.

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

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

The motion prevailed.

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

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

______

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

The motion prevailed.

By unanimous consent the House returned to the order of

Third Reading of Bills

House Bill No. 4855, entitled

A bill to amend 1933 PA 167, entitled "General sales tax act," by amending section 4x (MCL 205.54x), as amended by 2004 PA 173.

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

Roll Call No. 709 Yeas--105

Accavitti Emmons Law, Kathleen Proos

Acciavatti Espinoza Leland Robertson

Adamini Farhat Lemmons, III Rocca

Amos Farrah Lemmons, Jr. Sak

Anderson Gaffney Lipsey Schuitmaker

Angerer Garfield Marleau Shaffer

Ball Gillard Mayes Sheen

Baxter Gleason McConico Sheltrown

Bennett Gonzales McDowell Smith, Alma

Bieda Gosselin Meisner Smith, Virgil

Booher Green Meyer Spade

Brandenburg Hansen Miller Stahl

Brown Hildenbrand Moolenaar Stakoe

Byrnes Hood Moore Steil

Byrum Hoogendyk Mortimer Stewart

Casperson Hopgood Murphy Tobocman

Caswell Huizenga Newell Vagnozzi

Caul Hummel Nitz Vander Veen

Cheeks Hune Nofs Walker

Clack Hunter Palmer Ward

Clemente Jones Palsrok Waters

Condino Kahn Pastor Wenke

Cushingberry Kolb Pavlov Whitmer

Dillon Kooiman Pearce Williams

Donigan LaJoy Plakas Wojno

Drolet Law, David Polidori Zelenko

Elsenheimer

Nays--0

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.

Second Reading of Bills

House Bill No. 4856, entitled

A bill to amend 1937 PA 94, entitled "Use tax act," by amending section 4k (MCL 205.94k), as amended by 2002 PA 669.

The bill was read a second time.

Rep. Wenke moved to substitute (H-2) the bill.

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

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

The motion prevailed.

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

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

By unanimous consent the House returned to the order of

Third Reading of Bills

House Bill No. 4856, entitled

A bill to amend 1937 PA 94, entitled "Use tax act," by amending section 4k (MCL 205.94k), as amended by 2002 PA 669.

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

Roll Call No. 710 Yeas--105

Accavitti Emmons Law, Kathleen Proos

Acciavatti Espinoza Leland Robertson

Adamini Farhat Lemmons, III Rocca

Amos Farrah Lemmons, Jr. Sak

Anderson Gaffney Lipsey Schuitmaker

Angerer Garfield Marleau Shaffer

Ball Gillard Mayes Sheen

Baxter Gleason McConico Sheltrown

Bennett Gonzales McDowell Smith, Alma

Bieda Gosselin Meisner Smith, Virgil

Booher Green Meyer Spade

Brandenburg Hansen Miller Stahl

Brown Hildenbrand Moolenaar Stakoe

Byrnes Hood Moore Steil

Byrum Hoogendyk Mortimer Stewart

Casperson Hopgood Murphy Tobocman

Caswell Huizenga Newell Vagnozzi

Caul Hummel Nitz Vander Veen

Cheeks Hune Nofs Walker

Clack Hunter Palmer Ward

Clemente Jones Palsrok Waters

Condino Kahn Pastor Wenke

Cushingberry Kolb Pavlov Whitmer

Dillon Kooiman Pearce Williams

Donigan LaJoy Plakas Wojno

Drolet Law, David Polidori Zelenko

Elsenheimer

Nays--0

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.

Second Reading of Bills

House Bill No. 5397, entitled

A bill to amend 1994 PA 295, entitled "Sex offenders registration act," by amending sections 34 and 35 (MCL 28.734 and 28.735), section 34 as added by 2005 PA 127 and section 35 as added by 2005 PA 121.

The bill was read a second time.

Rep. Lipsey moved to amend the bill as follows:

1. Amend page 2, following line 26, by inserting:

"(5) NOTHING IN THIS SECTION SHALL BE CONSTRUED TO PROHIBIT AN INDIVIDUAL FROM EXERCISING HIS OR HER RIGHT TO VOTE.".

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

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

The motion prevailed.

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

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

By unanimous consent the House returned to the order of

Third Reading of Bills

House Bill No. 5397, 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. 711 Yeas--105

Accavitti Emmons Law, Kathleen Proos

Acciavatti Espinoza Leland Robertson

Adamini Farhat Lemmons, III Rocca

Amos Farrah Lemmons, Jr. Sak

Anderson Gaffney Lipsey Schuitmaker

Angerer Garfield Marleau Shaffer

Ball Gillard Mayes Sheen

Baxter Gleason McConico Sheltrown

Bennett Gonzales McDowell Smith, Alma

Bieda Gosselin Meisner Smith, Virgil

Booher Green Meyer Spade

Brandenburg Hansen Miller Stahl

Brown Hildenbrand Moolenaar Stakoe

Byrnes Hood Moore Steil

Byrum Hoogendyk Mortimer Stewart

Casperson Hopgood Murphy Tobocman

Caswell Huizenga Newell Vagnozzi

Caul Hummel Nitz Vander Veen

Cheeks Hune Nofs Walker

Clack Hunter Palmer Ward

Clemente Jones Palsrok Waters

Condino Kahn Pastor Wenke

Cushingberry Kolb Pavlov Whitmer

Dillon Kooiman Pearce Williams

Donigan LaJoy Plakas Wojno

Drolet Law, David Polidori Zelenko

Elsenheimer

Nays--0

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.

Second Reading of Bills

House Bill No. 4244, entitled

A bill to amend 1941 PA 122, entitled "An act to establish the revenue collection duties of the department of treasury; to prescribe its powers and duties as the revenue collection agency of the state; to prescribe certain powers and duties of the state treasurer; to regulate the importation, stamping, and disposition of certain tobacco products; to provide for the transfer of powers and duties now vested in certain other state boards, commissions, departments and offices; to prescribe certain duties of and require certain reports from the department of treasury; to provide procedures for the payment, administration, audit, assessment, levy of interests or penalties on, and appeals of taxes and tax liability; to prescribe its powers and duties if an agreement to act as agent for a city to administer, collect, and enforce the city income tax act on behalf of a city is entered into with any city; to provide an appropriation; to abolish the state board of tax administration; to prescribe penalties and provide remedies; and to declare the effect of this act," (MCL 205.1 to 205.31) by adding section 21a.

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

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

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

The motion prevailed.

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

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

By unanimous consent the House returned to the order of

Third Reading of Bills

House Bill No. 4244, 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. 712 Yeas--106

Accavitti Elsenheimer Law, Kathleen Proos

Acciavatti Emmons Leland Robertson

Adamini Espinoza Lemmons, III Rocca

Amos Farhat Lemmons, Jr. Sak

Anderson Farrah Lipsey Schuitmaker

Angerer Gaffney Marleau Shaffer

Ball Garfield Mayes Sheen

Baxter Gillard McConico Sheltrown

Bennett Gleason McDowell Smith, Alma

Bieda Gonzales Meisner Smith, Virgil

Booher Gosselin Meyer Spade

Brandenburg Green Miller Stahl

Brown Hansen Moolenaar Stakoe

Byrnes Hildenbrand Moore Steil

Byrum Hood Mortimer Stewart

Casperson Hoogendyk Murphy Tobocman

Caswell Hopgood Newell Vagnozzi

Caul Huizenga Nitz Vander Veen

Cheeks Hummel Nofs Walker

Clack Hune Palmer Ward

Clemente Hunter Palsrok Waters

Condino Jones Pastor Wenke

Cushingberry Kahn Pavlov Whitmer

DeRoche Kolb Pearce Williams

Dillon Kooiman Plakas Wojno

Donigan LaJoy Polidori Zelenko

Drolet Law, David

Nays--0

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.

Second Reading of Bills

House Bill No. 5355, entitled

The bill was read a second time.

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

The motion prevailed.

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

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

By unanimous consent the House returned to the order of

Third Reading of Bills

House Bill No. 5355, 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. 713 Yeas--98

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 Marleau Shaffer

Baxter Gillard Mayes Sheen

Bieda Gleason McConico Sheltrown

Booher Gonzales McDowell Spade

Brandenburg Gosselin Meyer Stahl

Brown Green Moolenaar Stakoe

Byrnes Hansen Moore Steil

Byrum Hildenbrand Mortimer Stewart

Casperson Hood Murphy Vagnozzi

Caswell Hoogendyk Newell Vander Veen

Caul Hopgood Nitz Walker

Cheeks Huizenga Nofs Ward

Clack Hummel Palmer Waters

Clemente Hune Palsrok Wenke

Condino Hunter Pastor Whitmer

Cushingberry Jones Pavlov Williams

DeRoche Kahn Pearce Wojno

Dillon Kolb Plakas Zelenko

Drolet Kooiman

Nays--8

Bennett Lipsey Miller Smith, Virgil

Donigan Meisner Smith, Alma Tobocman

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.

Second Reading of Bills

House Bill No. 5356, entitled

The bill was read a second time.

Reps. Sheen and Wenke 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. Wenke moved that the bill be placed on the order of Third Reading of Bills.

The motion prevailed.

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

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

By unanimous consent the House returned to the order of

Third Reading of Bills

House Bill No. 5356, 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. 714 Yeas--106

Accavitti Elsenheimer Law, Kathleen Proos

Acciavatti Emmons Leland Robertson

Adamini Espinoza Lemmons, III Rocca

Amos Farhat Lemmons, Jr. Sak

Anderson Farrah Lipsey Schuitmaker

Angerer Gaffney Marleau Shaffer

Ball Garfield Mayes Sheen

Baxter Gillard McConico Sheltrown

Bennett Gleason McDowell Smith, Alma

Bieda Gonzales Meisner Smith, Virgil

Booher Gosselin Meyer Spade

Brandenburg Green Miller Stahl

Brown Hansen Moolenaar Stakoe

Byrnes Hildenbrand Moore Steil

Byrum Hood Mortimer Stewart

Casperson Hoogendyk Murphy Tobocman

Caswell Hopgood Newell Vagnozzi

Caul Huizenga Nitz Vander Veen

Cheeks Hummel Nofs Walker

Clack Hune Palmer Ward

Clemente Hunter Palsrok Waters

Condino Jones Pastor Wenke

Cushingberry Kahn Pavlov Whitmer

DeRoche Kolb Pearce Williams

Dillon Kooiman Plakas Wojno

Donigan LaJoy Polidori Zelenko

Drolet Law, David

Nays--0

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.

Second Reading of Bills

House Bill No. 5357, entitled

The bill was read a second time.

Reps. Sheen and Wenke 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. Meyer moved that the bill be placed on the order of Third Reading of Bills.

The motion prevailed.

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

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

By unanimous consent the House returned to the order of

Third Reading of Bills

House Bill No. 5357, 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. 715 Yeas--106

Accavitti Elsenheimer Law, Kathleen Proos

Acciavatti Emmons Leland Robertson

Adamini Espinoza Lemmons, III Rocca

Amos Farhat Lemmons, Jr. Sak

Anderson Farrah Lipsey Schuitmaker

Angerer Gaffney Marleau Shaffer

Ball Garfield Mayes Sheen

Baxter Gillard McConico Sheltrown

Bennett Gleason McDowell Smith, Alma

Bieda Gonzales Meisner Smith, Virgil

Booher Gosselin Meyer Spade

Brandenburg Green Miller Stahl

Brown Hansen Moolenaar Stakoe

Byrnes Hildenbrand Moore Steil

Byrum Hood Mortimer Stewart

Casperson Hoogendyk Murphy Tobocman

Caswell Hopgood Newell Vagnozzi

Caul Huizenga Nitz Vander Veen

Cheeks Hummel Nofs Walker

Clack Hune Palmer Ward

Clemente Hunter Palsrok Waters

Condino Jones Pastor Wenke

Cushingberry Kahn Pavlov Whitmer

DeRoche Kolb Pearce Williams

Dillon Kooiman Plakas Wojno

Donigan LaJoy Polidori Zelenko

Drolet Law, David

Nays--0

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.

Second Reading of Bills

House Bill No. 5358, entitled

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

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

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

The motion prevailed.

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

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

By unanimous consent the House returned to the order of

Third Reading of Bills

House Bill No. 5358, 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. 716 Yeas--106

Accavitti Elsenheimer Law, Kathleen Proos

Acciavatti Emmons Leland Robertson

Adamini Espinoza Lemmons, III Rocca

Amos Farhat Lemmons, Jr. Sak

Anderson Farrah Lipsey Schuitmaker

Angerer Gaffney Marleau Shaffer

Ball Garfield Mayes Sheen

Baxter Gillard McConico Sheltrown

Bennett Gleason McDowell Smith, Alma

Bieda Gonzales Meisner Smith, Virgil

Booher Gosselin Meyer Spade

Brandenburg Green Miller Stahl

Brown Hansen Moolenaar Stakoe

Byrnes Hildenbrand Moore Steil

Byrum Hood Mortimer Stewart

Casperson Hoogendyk Murphy Tobocman

Caswell Hopgood Newell Vagnozzi

Caul Huizenga Nitz Vander Veen

Cheeks Hummel Nofs Walker

Clack Hune Palmer Ward

Clemente Hunter Palsrok Waters

Condino Jones Pastor Wenke

Cushingberry Kahn Pavlov Whitmer

DeRoche Kolb Pearce Williams

Dillon Kooiman Plakas Wojno

Donigan LaJoy Polidori Zelenko

Drolet Law, David

Nays--0

In The Chair: Kooiman

The House agreed to the title of the bill.

Rep. Stakoe 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. 5359, entitled

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

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

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

The motion prevailed.

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

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

______

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

The motion prevailed.

By unanimous consent the House returned to the order of

Third Reading of Bills

House Bill No. 5359, 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. 717 Yeas--105

Accavitti Emmons Law, Kathleen Proos

Acciavatti Espinoza Leland Robertson

Adamini Farhat Lemmons, III Rocca

Amos Farrah Lemmons, Jr. Sak

Anderson Gaffney Lipsey Schuitmaker

Angerer Garfield Marleau Shaffer

Ball Gillard Mayes Sheen

Baxter Gleason McConico Sheltrown

Bennett Gonzales McDowell Smith, Alma

Bieda Gosselin Meisner Smith, Virgil

Booher Green Meyer Spade

Brandenburg Hansen Miller Stahl

Brown Hildenbrand Moolenaar Stakoe

Byrnes Hood Moore Steil

Byrum Hoogendyk Mortimer Stewart

Casperson Hopgood Murphy Tobocman

Caswell Huizenga Newell Vagnozzi

Caul Hummel Nitz Vander Veen

Cheeks Hune Nofs Walker

Clack Hunter Palmer Ward

Clemente Jones Palsrok Waters

Condino Kahn Pastor Wenke

Cushingberry Kolb Pavlov Whitmer

Dillon Kooiman Pearce Williams

Donigan LaJoy Plakas Wojno

Drolet Law, David Polidori Zelenko

Elsenheimer

Nays--0

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.

Second Reading of Bills

House Bill No. 5360, entitled

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

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

Rep. Condino moved to amend the bill as follows:

1. Amend page 4, line 2, after "conference." by striking out the balance of the subdivision and inserting "A TAXPAYER WHO HAS MADE A TIMELY REQUEST FOR AN INFORMAL CONFERENCE MAY AT ANY TIME THEREAFTER WITHDRAW THAT REQUEST BY FILING WRITTEN NOTICE WITH THE DEPARTMENT. UPON RECEIPT OF THE REQUEST FOR WITHDRAWAL FROM THE INFORMAL CONFERENCE PROCESS THE DEPARTMENT SHALL ISSUE A DECISION AND ORDER OF DETERMINATION, AND WHERE APPROPRIATE A FINAL ASSESSMENT, FROM WHICH A TAXPAYER MAY SEEK APPEAL AS PROVIDED UNDER SECTION 22.".

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

Rep. Condino demanded the yeas and nays.

The demand was supported.

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

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

The motion prevailed.

House Bill No. 5361, entitled

The bill was read a second time.

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

The motion prevailed.

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

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

By unanimous consent the House returned to the order of

Third Reading of Bills

House Bill No. 5361, 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. 718 Yeas--106

Accavitti Elsenheimer Law, Kathleen Proos

Acciavatti Emmons Leland Robertson

Adamini Espinoza Lemmons, III Rocca

Amos Farhat Lemmons, Jr. Sak

Anderson Farrah Lipsey Schuitmaker

Angerer Gaffney Marleau Shaffer

Ball Garfield Mayes Sheen

Baxter Gillard McConico Sheltrown

Bennett Gleason McDowell Smith, Alma

Bieda Gonzales Meisner Smith, Virgil

Booher Gosselin Meyer Spade

Brandenburg Green Miller Stahl

Brown Hansen Moolenaar Stakoe

Byrnes Hildenbrand Moore Steil

Byrum Hood Mortimer Stewart

Casperson Hoogendyk Murphy Tobocman

Caswell Hopgood Newell Vagnozzi

Caul Huizenga Nitz Vander Veen

Cheeks Hummel Nofs Walker

Clack Hune Palmer Ward

Clemente Hunter Palsrok Waters

Condino Jones Pastor Wenke

Cushingberry Kahn Pavlov Whitmer

DeRoche Kolb Pearce Williams

Dillon Kooiman Plakas Wojno

Donigan LaJoy Polidori Zelenko

Drolet Law, David

Nays--0

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.

Second Reading of Bills

House Bill No. 5362, entitled

The bill was read a second time.

Reps. Sheen and Wenke 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. Drolet moved that the bill be placed on the order of Third Reading of Bills.

The motion prevailed.

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

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

By unanimous consent the House returned to the order of

Third Reading of Bills

House Bill No. 5362, 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. 719 Yeas--65

Acciavatti Farhat Law, David Pearce

Amos Gaffney Lemmons, III Proos

Angerer Garfield Marleau Robertson

Ball Gosselin McConico Rocca

Baxter Green McDowell Schuitmaker

Booher Hansen Meyer Shaffer

Brandenburg Hildenbrand Moolenaar Sheen

Byrnes Hoogendyk Moore Sheltrown

Casperson Huizenga Mortimer Spade

Caswell Hummel Murphy Stahl

Caul Hune Newell Stakoe

Cheeks Hunter Nitz Steil

DeRoche Jones Palmer Vander Veen

Drolet Kahn Palsrok Walker

Elsenheimer Kooiman Pastor Ward

Emmons LaJoy Pavlov Wenke

Espinoza

Nays--41

Accavitti Dillon Leland Smith, Alma

Adamini Donigan Lemmons, Jr. Smith, Virgil

Anderson Farrah Lipsey Stewart

Bennett Gillard Mayes Tobocman

Bieda Gleason Meisner Vagnozzi

Brown Gonzales Miller Waters

Byrum Hood Nofs Whitmer

Clack Hopgood Plakas Williams

Clemente Kolb Polidori Wojno

Condino Law, Kathleen Sak Zelenko

Cushingberry

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.

______

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

"Mr. Speaker and members of the House:

Thank you Mr. Speaker. I voted 'no' on House Bill 5362 because Revenue Administrative Bulletins and Letter Rulings are meant to be for guidance, and were never meant to have the force of law."

______

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

Second Reading of Bills

House Bill No. 5363, entitled

The bill was read a second time.

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

The motion prevailed.

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

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

By unanimous consent the House returned to the order of

Third Reading of Bills

House Bill No. 5363, 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. 720 Yeas--102

Accavitti Elsenheimer Law, David Polidori

Acciavatti Emmons Law, Kathleen Proos

Adamini Espinoza Leland Robertson

Amos Farhat Lemmons, III Rocca

Anderson Farrah Lemmons, Jr. Sak

Angerer Gaffney Lipsey Schuitmaker

Ball Garfield Marleau Shaffer

Baxter Gillard Mayes Sheen

Bieda Gleason McConico Sheltrown

Booher Gonzales McDowell Spade

Brandenburg Gosselin Meisner Stahl

Brown Green Meyer Stakoe

Byrnes Hansen Moolenaar Steil

Byrum Hildenbrand Moore Stewart

Casperson Hood Mortimer Tobocman

Caswell Hoogendyk Murphy Vagnozzi

Caul Hopgood Newell Vander Veen

Cheeks Huizenga Nitz Walker

Clack Hummel Nofs Ward

Clemente Hune Palmer Waters

Condino Hunter Palsrok Wenke

Cushingberry Jones Pastor Whitmer

DeRoche Kahn Pavlov Williams

Dillon Kolb Pearce Wojno

Donigan Kooiman Plakas Zelenko

Drolet LaJoy

Nays--4

Bennett Miller Smith, Alma Smith, Virgil

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.

Second Reading of Bills

House Bill No. 5166, entitled

A bill to amend 1979 PA 218, entitled "Adult foster care facility licensing act," (MCL 400.701 to 400.737) by adding section 34b; and to repeal acts and parts of acts.

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

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

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

The motion prevailed.

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

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

______

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

The motion prevailed.

By unanimous consent the House returned to the order of

Third Reading of Bills

House Bill No. 5166, entitled

A bill to amend 1979 PA 218, entitled "Adult foster care facility licensing act," (MCL 400.701 to 400.737) by adding section 34b; and to repeal acts and parts of acts.

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

Roll Call No. 721 Yeas--102

Accavitti Emmons Lemmons, III Robertson

Acciavatti Espinoza Lemmons, Jr. Rocca

Adamini Farhat Lipsey Sak

Amos Farrah Marleau Schuitmaker

Anderson Gaffney Mayes Shaffer

Angerer Gillard McConico Sheen

Ball Gleason McDowell Sheltrown

Baxter Gonzales Meisner Smith, Alma

Bennett Gosselin Meyer Smith, Virgil

Bieda Green Miller Spade

Booher Hansen Moolenaar Stahl

Brandenburg Hildenbrand Moore Stakoe

Brown Hood Mortimer Steil

Byrnes Hopgood Murphy Stewart

Byrum Huizenga Newell Tobocman

Casperson Hummel Nitz Vagnozzi

Caswell Hune Nofs Vander Veen

Caul Hunter Palmer Walker

Cheeks Jones Palsrok Ward

Clack Kahn Pastor Waters

Clemente Kolb Pavlov Wenke

Condino Kooiman Pearce Whitmer

Cushingberry LaJoy Plakas Williams

Dillon Law, David Polidori Wojno

Donigan Law, Kathleen Proos Zelenko

Elsenheimer Leland

Nays--3

Drolet Garfield Hoogendyk

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.

Reps. Accavitti, Adamini, Amos, Anderson, Ball, Booher, Brandenburg, Brown, Byrnes, Cheeks, Clemente, Condino, Donigan, Emmons, Farrah, Gillard, Green, Hansen, Hildenbrand, Hopgood, Huizenga, Jones, Kahn, Kolb, LaJoy, Marleau, Meyer, Moolenaar, Moore, Nofs, Nitz, Palsrok, Pastor, Polidori, Proos, Sak, Sheltrown, Stakoe, Ward, Wenke and Williams were named co-sponsors of the bill.

Second Reading of Bills

House Bill No. 5167, entitled

A bill to amend 1978 PA 368, entitled "Public health code," by amending sections 16146, 16174, and 16245 (MCL 333.16146, 333.16174, and 333.16245), section 16146 as amended by 1988 PA 462, section 16174 as amended by 2002 PA 643, and section 16245 as amended by 1998 PA 109.

The bill was read a second time.

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

The motion prevailed.

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

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

By unanimous consent the House returned to the order of

Third Reading of Bills

House Bill No. 5167, 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. 722 Yeas--103

Accavitti Emmons Leland Robertson

Acciavatti Espinoza Lemmons, III Rocca

Adamini Farhat Lemmons, Jr. Sak

Amos Farrah Lipsey Schuitmaker

Anderson Gaffney Marleau Shaffer

Angerer Gillard Mayes Sheen

Ball Gleason McConico Sheltrown

Baxter Gonzales McDowell Smith, Alma

Bennett Gosselin Meisner Smith, Virgil

Bieda Green Meyer Spade

Booher Hansen Miller Stahl

Brandenburg Hildenbrand Moolenaar Stakoe

Brown Hood Moore Steil

Byrnes Hoogendyk Mortimer Stewart

Byrum Hopgood Murphy Tobocman

Casperson Huizenga Newell Vagnozzi

Caswell Hummel Nitz Vander Veen

Caul Hune Nofs Walker

Cheeks Hunter Palmer Ward

Clack Jones Palsrok Waters

Clemente Kahn Pastor Wenke

Condino Kolb Pavlov Whitmer

Cushingberry Kooiman Pearce Williams

Dillon LaJoy Plakas Wojno

Donigan Law, David Polidori Zelenko

Elsenheimer Law, Kathleen Proos

Nays--2

Drolet Garfield

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.

Reps. Stewart, Kolb, Kooiman, Brown, Virgil Smith, Farrah, Pastor, Hopgood, Brandenburg, Condino, Accavitti, Nofs, Sak, Moolenaar, Palsrok, Gillard, Ball, Booher, Caul, Cushingberry, Espinoza, Green, Hildenbrand, Jones, David Law, Lemmons, III, Lemmons, Jr., Marleau, Mayes, Polidori and Sheltrown were named co-sponsors of the bill.

Second Reading of Bills

House Bill No. 5168, entitled

A bill to amend 1978 PA 368, entitled "Public health code," (MCL 333.1101 to 333.25211) by adding sections 20173a and 20173b; and to repeal acts and parts of acts.

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

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

Rep. Palsrok moved to amend the bill as follows:

1. Amend page 16, line 7, after "FACILITY," by striking out "OR HOME FOR THE AGED" and inserting "HOSPICE, HOSPITAL THAT PROVIDES SWING BED SERVICES, HOME FOR THE AGED, OR HOME HEALTH AGENCY".

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

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

The motion prevailed.

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

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

By unanimous consent the House returned to the order of

Third Reading of Bills

House Bill No. 5168, entitled

A bill to amend 1978 PA 368, entitled "Public health code," (MCL 333.1101 to 333.25211) by adding sections 20173a and 20173b; and to repeal acts and parts of acts.

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

Roll Call No. 723 Yeas--102

Accavitti Emmons Lemmons, III Robertson

Acciavatti Espinoza Lemmons, Jr. Rocca

Adamini Farhat Lipsey Sak

Amos Farrah Marleau Schuitmaker

Anderson Gaffney Mayes Shaffer

Angerer Gillard McConico Sheen

Ball Gleason McDowell Sheltrown

Baxter Gonzales Meisner Smith, Alma

Bennett Gosselin Meyer Smith, Virgil

Bieda Green Miller Spade

Booher Hansen Moolenaar Stahl

Brandenburg Hildenbrand Moore Stakoe

Brown Hood Mortimer Steil

Byrnes Hopgood Murphy Stewart

Byrum Huizenga Newell Tobocman

Casperson Hummel Nitz Vagnozzi

Caswell Hune Nofs Vander Veen

Caul Hunter Palmer Walker

Cheeks Jones Palsrok Ward

Clack Kahn Pastor Waters

Clemente Kolb Pavlov Wenke

Condino Kooiman Pearce Whitmer

Cushingberry LaJoy Plakas Williams

Dillon Law, David Polidori Wojno

Donigan Law, Kathleen Proos Zelenko

Elsenheimer Leland

Nays--3

Drolet Garfield Hoogendyk

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:

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.

Reps. Stewart, Kolb, Whitmer, Kooiman, Williams, Brown, Farrah, Pastor, Hopgood, Brandenburg, Accavitti, Nofs, Ward, Sak, Huizenga, Palsrok, Gillard, Ball, Byrnes, Caul, Cushingberry, Espinoza, Hildenbrand, Jones, David Law, Lemmons, III, Lemmons, Jr., Mayes, Mortimer, Polidori, Proos and Sheltrown were named co-sponsors of the bill.

Second Reading of Bills

House Bill No. 5448, entitled

A bill to amend 1974 PA 258, entitled "Mental health code," by amending section 147 (MCL 330.1147), as amended by 1991 PA 40, and by adding section 134a.

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

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

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

The motion prevailed.

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

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

By unanimous consent the House returned to the order of

Third Reading of Bills

House Bill No. 5448, entitled

A bill to amend 1974 PA 258, entitled "Mental health code," by amending section 147 (MCL 330.1147), as amended by 1991 PA 40, and by adding section 134a.

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

Roll Call No. 724 Yeas--102

Accavitti Emmons Lemmons, III Robertson

Acciavatti Espinoza Lemmons, Jr. Rocca

Adamini Farhat Lipsey Sak

Amos Farrah Marleau Schuitmaker

Anderson Gaffney Mayes Shaffer

Angerer Gillard McConico Sheen

Ball Gleason McDowell Sheltrown

Baxter Gonzales Meisner Smith, Alma

Bennett Gosselin Meyer Smith, Virgil

Bieda Green Miller Spade

Booher Hansen Moolenaar Stahl

Brandenburg Hildenbrand Moore Stakoe

Brown Hood Mortimer Steil

Byrnes Hopgood Murphy Stewart

Byrum Huizenga Newell Tobocman

Casperson Hummel Nitz Vagnozzi

Caswell Hune Nofs Vander Veen

Caul Hunter Palmer Walker

Cheeks Jones Palsrok Ward

Clack Kahn Pastor Waters

Clemente Kolb Pavlov Wenke

Condino Kooiman Pearce Whitmer

Cushingberry LaJoy Plakas Williams

Dillon Law, David Polidori Wojno

Donigan Law, Kathleen Proos Zelenko

Elsenheimer Leland

Nays--3

Drolet Garfield Hoogendyk

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.

Reps. Anderson, Stewart, Kolb, Lipsey, Kooiman, Meyer, Newell, Williams, Farrah, LaJoy, Hopgood, Brandenburg, Clack, Accavitti, Gleason, Shaffer, Nofs, Ward, Byrum, Sak, Stahl, Moolenaar, Palsrok, Gillard, Ball, Booher, Byrnes, Caul, Cushingberry, Espinoza, Gonzales, Hansen, Hildenbrand, Jones, Kahn, David Law, Lemmons, III, Lemmons, Jr., Marleau, Mayes, Mortimer, Pearce, Polidori, Proos, Rocca and Murphy were named co-sponsors of the bill.

Second Reading of Bills

House Bill No. 5386, entitled

A bill to amend 1937 PA 94, entitled "Use tax act," by amending section 4 (MCL 205.94), as amended by 2004 PA 172.

The bill was read a second time.

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

The motion prevailed.

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

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

By unanimous consent the House returned to the order of

Third Reading of Bills

House Bill No. 5386, entitled

A bill to amend 1937 PA 94, entitled "Use tax act," by amending section 4 (MCL 205.94), as amended by 2004 PA 172.

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

Roll Call No. 725 Yeas--70

Acciavatti Farhat Lemmons, Jr. Proos

Amos Gaffney Marleau Robertson

Angerer Garfield McConico Rocca

Ball Gosselin McDowell Sak

Baxter Green Meyer Schuitmaker

Booher Hansen Moolenaar Shaffer

Brandenburg Hildenbrand Moore Sheen

Byrnes Hoogendyk Mortimer Sheltrown

Casperson Huizenga Murphy Spade

Caswell Hummel Newell Stahl

Caul Hune Nitz Stakoe

Cheeks Hunter Nofs Steil

Cushingberry Jones Palmer Stewart

Donigan Kahn Palsrok Vander Veen

Drolet Kooiman Pastor Walker

Elsenheimer LaJoy Pavlov Ward

Emmons Law, David Pearce Wenke

Espinoza Lemmons, III

Nays--35

Accavitti Condino Law, Kathleen Smith, Virgil

Adamini Dillon Leland Tobocman

Anderson Farrah Lipsey Vagnozzi

Bennett Gillard Mayes Waters

Bieda Gleason Meisner Whitmer

Brown Gonzales Miller Williams

Byrum Hood Plakas Wojno

Clack Hopgood Polidori Zelenko

Clemente Kolb Smith, Alma

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.

Reps. Stewart, Kooiman, Hummel, Pastor, Brandenburg, Acciavatti, Amos, Garfield, Shaffer, Ward, Steil, Huizenga, Moolenaar, Palsrok, Booher, Elsenheimer, Gosselin, Green, Hansen, Jones, Lemmons, III, Lemmons, Jr., Pavlov, Pearce and Schuitmaker were named co-sponsors of the bill.

______

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

"Mr. Speaker and members of the House:

I voted 'no' on House Bill 5386, because while I do not oppose the intent of the bill, in its current state, the bill is flawed from a technical standpoint, and that this flaw actually would create a potentially large tax loophole which would allow unscrupulous taxpayers from paying a tax that they are legally required to pay. Thus, I voted 'no' on this bill."

Second Reading of Bills

The House returned to the consideration of

House Bill No. 5360, entitled

(The bill was considered earlier today, see today's Journal, p. 2394.)

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

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

Roll Call No. 726 Yeas--50

Accavitti Cushingberry Leland Sak

Adamini Dillon Lemmons, III Sheltrown

Anderson Donigan Lemmons, Jr. Smith, Alma

Angerer Espinoza Lipsey Smith, Virgil

Bennett Farrah Mayes Spade

Bieda Gillard McConico Tobocman

Brown Gleason McDowell Vagnozzi

Byrnes Gonzales Meisner Waters

Byrum Hood Miller Whitmer

Cheeks Hopgood Murphy Williams

Clack Hunter Plakas Wojno

Clemente Kolb Polidori Zelenko

Condino Law, Kathleen

Nays--55

Acciavatti Garfield Marleau Robertson

Amos Gosselin Meyer Rocca

Ball Green Moolenaar Schuitmaker

Baxter Hansen Moore Shaffer

Booher Hildenbrand Mortimer Sheen

Brandenburg Hoogendyk Newell Stahl

Casperson Huizenga Nitz Stakoe

Caswell Hummel Nofs Steil

Caul Hune Palmer Stewart

Drolet Jones Palsrok Vander Veen

Elsenheimer Kahn Pastor Walker

Emmons Kooiman Pavlov Ward

Farhat LaJoy Pearce Wenke

Gaffney Law, David Proos

In The Chair: Elsenheimer

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

The motion prevailed.

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

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

By unanimous consent the House returned to the order of

Third Reading of Bills

House Bill No. 5360, 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. 727 Yeas--105

Accavitti Emmons Law, Kathleen Proos

Acciavatti Espinoza Leland Robertson

Adamini Farhat Lemmons, III Rocca

Amos Farrah Lemmons, Jr. Sak

Anderson Gaffney Lipsey Schuitmaker

Angerer Garfield Marleau Shaffer

Ball Gillard Mayes Sheen

Baxter Gleason McConico Sheltrown

Bennett Gonzales McDowell Smith, Alma

Bieda Gosselin Meisner Smith, Virgil

Booher Green Meyer Spade

Brandenburg Hansen Miller Stahl

Brown Hildenbrand Moolenaar Stakoe

Byrnes Hood Moore Steil

Byrum Hoogendyk Mortimer Stewart

Casperson Hopgood Murphy Tobocman

Caswell Huizenga Newell Vagnozzi

Caul Hummel Nitz Vander Veen

Cheeks Hune Nofs Walker

Clack Hunter Palmer Ward

Clemente Jones Palsrok Waters

Condino Kahn Pastor Wenke

Cushingberry Kolb Pavlov Whitmer

Dillon Kooiman Pearce Williams

Donigan LaJoy Plakas Wojno

Drolet Law, David Polidori Zelenko

Elsenheimer

Nays--0

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.

______

The Speaker Pro Tempore resumed the Chair.

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

Rep. Sheltrown offered the following resolution.

House Resolution No. 163.

A resolution to memorialize the President and the Congress of the United States to increase funding for home heating assistance to cope with the rise in natural gas costs expected this winter.

Whereas, Natural gas prices have risen significantly over the past year. The reasons include increasing demand for natural gas, declining production in both the United States and Canada, and disruptions to the energy supply infrastructure caused by Hurricane Katrina. While this increase in cost has already exacted a toll in many areas of our national economy, the full impact has yet to be felt. This winter, when seasonal demand reaches its peak, costs are expected to strike a terrible blow to people who have had difficulties paying their home heating bills even before the recent increase in prices; and

Whereas, For many years, utilities and their customers have supplemented governmental programs through various heating assistance initiatives. However, public and private programs offering help to low-income families trying to heat their residences are already stretched thin. This winter's situation is expected to bring a crisis to many people, including low-income seniors who will almost surely face difficult choices; and

Whereas, Michigan's Public Service Commission has warned that homeowners could expect increases of $40 a month or more if the winter is very cold. Gas companies in Michigan and across the country are urging their customers to take steps to prepare for the cost of winter home-heating fuel by budgeting for this expense and having their homes properly weatherized. Another key part of dealing with this problem will be for Congress to significantly increase funding to help state programs for low-income residents; and

Whereas, The federal Low Income Home Energy Assistance Program (LIHEAP) is one of the most critical components of the social safety net. Community Action Agencies and advocates for the vulnerable in society have called for increases to LIHEAP for the past several years as appropriations levels have not kept up with rising heating costs, rising poverty, and an ever-increasing aging population. There are discussions under way in Congress to increase the current funding level for LIHEAP to at least $3.4 billion. Clearly, such actions to bring home-heating help to our most needy citizens are in order; now, therefore, be it

Resolved by the House of Representatives, That we memorialize the President and the Congress of the United States to increase funding for home heating assistance to cope with the rise in natural gas costs expected this winter; and be it further

Resolved, That copies of this resolution be transmitted to the Office of President of the United States, the President of the United States Senate, the Speaker of the United States House of Representatives, and the members of the Michigan congressional delegation.

The resolution was referred to the Committee on Government Operations.

Reps. Mortimer, Schuitmaker, Taub, Emmons, Amos, Elsenheimer, Stakoe, Vander Veen, Stahl, Palsrok, Shaffer, Gosselin, Palmer, Sheen, Pearce, Jones, Steil, Acciavatti, LaJoy, Marleau, Huizenga, Ward, Accavitti, Ball, Brandenburg, Farhat, Garfield, Gleason, Hansen, Lemmons, III, Meyer and Drolet offered the following resolution:

House Resolution No. 164.

A resolution to urge the Michigan Women's Commission to ensure that its programs and activities are strictly nonpartisan.

Whereas, The Michigan Women's Commission was created by 1968 PA 1 within the executive branch of government. Since that time, the commission, which has been within the Department of Civil Rights since 1991, has worked to enhance the status and opportunities for women throughout our state. Its responsibilities, which are set forth in MCL § 10.73, center around overcoming discrimination and identifying avenues for fuller participation by women in the economy, education, and government; and

Whereas, The Michigan Women's Commission has been an effective advocate for women. Its members and programs have contributed to success in the workplace and in many aspects of society; and

Whereas, Recent activities of the Michigan Women's Commission, however, have drawn criticism from those who feel that some of its efforts have had a partisan tone. Specifically, campaign workshops designed to encourage women to consider running for public office at all levels have drawn attention. Some observers feel that the Michigan Women's Commission may have exerted influence significantly beyond an acceptable level for a public entity; and

Whereas, While we recognize the difficult challenge of avoiding all hints of partisanship, doing so is an important matter for public entities; now, therefore, be it

Resolved by the House of Representatives, That we urge the Michigan Women's Commission to ensure that its programs and activities are strictly nonpartisan; and be it further

Resolved, That a copy of this resolution be transmitted to the Michigan Women's Commission.

The resolution was referred to the Committee on House Oversight, Elections, and Ethics.

Reps. Ward, Accavitti, Ball, Farhat, Gleason, Gosselin, Hansen, Jones, Lemmons, III, Marleau, Meyer, Mortimer, Pearce, Stahl, Stakoe, Tobocman and Vander Veen offered the following resolution:

House Resolution No. 165.

A resolution to memorialize the President and the Congress of the United States to support policies that protect and encourage the cultural autonomy of the people of Macedonia.

Whereas, In 1991, 95 percent of the voters of Macedonia voted for independence from Yugoslavia.

Whereas, In 1993, the Republic of Macedonia became a member of the United Nations; and

Whereas, In 1994, the United States of America recognized the Republic of Macedonia as a sovereign state, and the Republic of Macedonia was recently cited and honored by President Bush and the United States Department of State for its support in the war with Iraq; and

Whereas, There is a large contingency of Macedonians living throughout the United States; and

Whereas, Macedonians began to immigrate to Michigan in the late 1800s and continue to relocate and flourish here with a strong community ethic; and

Whereas, There are more than 60,000 Macedonians now living throughout Michigan; and

Whereas, The first, second, third, and fourth generation Macedonians living in Michigan are a positive force contributing to the economic, cultural, and educational basis of this state; now, therefore, be it

Resolved by the House of Representatives, That we memorialize the President and the Congress of the United States to support policies that protect and encourage the cultural autonomy of the people of Macedonia, including the rights of Macedonians living throughout the Balkans to speak their language, to attend schools and churches offered in their language, to practice their customs, to be able to call themselves Macedonians, and to be granted all the civil and human rights required by international law; and be it further

Resolved, That copies of this resolution be presented to the Office of the President of the United States, the Speaker of the House of Representatives, the President of the United States Senate, and the members of the Michigan congressional delegation.

Pending the reference of the resolution to a committee,

Rep. Hildenbrand 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. Schuitmaker, Hoogendyk, Gosselin, Hune, Mortimer, Taub, Emmons, Elsenheimer, Stakoe, Vander Veen, Stahl, Palsrok, Shaffer, Palmer, Sheen, Pearce, Jones, Steil, Acciavatti, LaJoy, Marleau, Huizenga, Ward, Accavitti, Ball, Brandenburg, Farhat, Gleason, Hansen, Lemmons, III, Meyer and Drolet offered the following concurrent resolution:

House Concurrent Resolution No. 27.

A concurrent resolution to urge the Michigan Women's Commission to ensure that its programs and activities are strictly nonpartisan.

Whereas, The Michigan Women's Commission has been an effective advocate for women. Its members and programs have contributed to success in the workplace and in many aspects of society; and

Whereas, While we recognize the difficult challenge of avoiding all hints of partisanship, doing so is an important matter for public entities; now, therefore, be it

Resolved by the House of Representatives (the Senate concurring), That we urge the Michigan Women's Commission to ensure that its programs and activities are strictly nonpartisan; and be it further

Resolved, That a copy of this resolution be transmitted to the Michigan Women's Commission.

The concurrent resolution was referred to the Committee on House Oversight, Elections, and Ethics.

Messages from the Senate

Senate Bill No. 203, entitled

A bill to amend 1975 PA 228, entitled "Single business tax act," by amending section 54 (MCL 208.54), as added by 1999 PA 115.

The Senate has passed the bill.

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

Senate Bill No. 208, entitled

A bill to allow reimbursement to municipalities for certain costs for inmates housed in municipal jails or county jails; and to provide certain powers and duties of municipal officials and county officials.

The Senate has passed the bill.

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

Senate Bill No. 906, entitled

A bill to amend 1921 PA 2, entitled "An act to promote the efficiency of the government of the state, to create a state administrative board, to define the powers and duties thereof, to provide for the transfer to said board of powers and duties now vested by law in other boards, commissions, departments and officers of the state, and for the abolishing of certain of the boards, commissions, departments and offices, whose powers and duties are hereby transferred," (MCL 17.1 to 17.3) by adding section 2b.

The Senate has passed the bill.

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

Senate Bill No. 909, entitled

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

The Senate has passed the bill.

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

Senate Bill No. 910, entitled

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

The Senate has passed the bill.

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

Notices

I hereby give notice that on the next legislative session day I will move to discharge the Committee on Appropriations from further consideration of House Bill No. 5436.

Rep. Hummel

I hereby give notice that on the next legislative session day I will move to discharge the Committee on Appropriations from further consideration of House Bill No. 5452.

Rep. Hummel

Announcement by the Clerk of Printing and Enrollment

The Clerk announced the enrollment printing and presentation to the Governor on Tuesday, December 6, for her approval of the following bills:

Enrolled House Bill No. 4186 at 3:07 p.m.

Enrolled House Bill No. 4258 at 3:09 p.m.

Enrolled House Bill No. 4325 at 3:11 p.m.

Enrolled House Bill No. 5026 at 3:13 p.m.

Enrolled House Bill No. 5046 at 3:15 p.m.

______

Rep. Byrnes moved that the House adjourn.

The motion prevailed, the time being 6:10 p.m.

The Speaker Pro Tempore declared the House adjourned until Wednesday, December 7, at 1:00 p.m.

GARY L. RANDALL

Clerk of the House of Representatives